ILLINOIS POLLUTION CONTROL BOARD
    December 17,
    1981
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    )
    Petitioner,
    v.
    )
    PCB
    81—133
    VILLAGE OF WHITE CITY,
    Respondent.
    ORDER OF THE BOARD
    (by J. Anderson):
    This matter comes before the Board on a four count complaint
    filed by the Illinois Environmental Protection Agency (Agency)
    on
    August 21,
    1981 against the Village of White City.
    The Village of
    White City
    (Village), Macoupin County,
    is charged with violations
    of “An Act to Regulate the Operating of a Public Water Supply
    (PWS
    Act),
    Ill.Rev.Stat.
    Ch.
    111½,
    S501 et seq.,
    of the Environmental
    Protection Act
    (Act), and Chapter
    6:
    Public Water Supplies
    (Chapter 6).
    On December
    1,
    1981 a hearing was held at which the
    parties presented a “Stipulation, Statement of Facts,
    and Proposal
    for Settlement”.
    The requirements of both the PWS Act and the Act have
    recently been amended as concerning the need for chlorination and
    employment of certified operators.
    These changes in and exemptions
    from the law are embodied in P,A,
    82—393,
    signed September
    4,
    1981
    and effective January
    1,
    1982.
    In considering the acceptability of this proposed stipulation
    based on the abbreviated record before the Board,
    the Board cannot
    determine whether or not the proposed compliance plan would impose
    obligations on White City which would be more stringent than those
    contained in P,A. 82~393, The Board further notes that, while the
    Village has stipulated to violations of the PWS Act,
    that
    it is
    recommended that no penalty he imposed
    (R,
    6,
    12).
    However
    Section 523 of the PWS Act states that “the violator shall be
    penalized by the
    Board
    not less than $100.00 nor more than
    $1000.00 for each offense”
    (emphasis added).
    The Board cannot
    determine from the record whether the Agency has overlooked this
    requirement,
    or whether it has recommended that the minimum
    penalty be assessed and payment “rescinded” or “forgiven”.
    44—245
    2
    The Board will therefore reserve ruling on this proposed
    stipulation.
    Within 60 days of the date of this Order, the
    parties are directed to file written comments concerning the
    applicability and effect,
    if any,
    of
    P,A.
    82—393 on the proposed
    compliance plan and the proposed $0 penalty in light of the
    penalty requirement of §523 of the PWS Act.
    These comments should
    include an expression of either the parties’
    intent to have the
    Board rule on the December
    1 stipulation without change,
    or their
    intent to modify that stipu1ation~
    IT
    IS SO ORDERED,
    Board Member I,
    Goodman abstained~
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control1BOard, he~bycerfity that the above Order was adopted on
    the
    ~
    day of
    (iL.4~_.-~
    ,
    1981 by a vote of ~—O
    Illinois Pollution
    Board
    44~246

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