ILLINOIS

POLLUTION CONTROL BOARD

March

19, 1982

ILLINOIS

ENVIRONMENTAL

PROTECTION

)

AGENCY,

Complainant,

PCB

81—178

OLD SALEM CHAUTAUQUA ASSOCIATION,

)

Respondent.

MS. GWENDOLYN W.

KLINGLER, ASSISTANT ATTORNEY GENERAL,

APPEARED

ON BEHALF OF THE COMPLAINANT.

MS. VELMA HOPPER, SECRETARY FOR THE OLD SALEM

CHAUTAUQUA ASSO~

CIATION, APPEARED ON BEHALF OF THE RESPONDENT.

OPINION AND ORDER OF THE BOARD

(by

I.

Goodman):

This matter comes before the Board on the November

6,

1981

complaint brought by the Illinois Environmental Protection

Agency

(“Agency”) which alleged that the Respondent, the Old

Salem Chau~

tauqua Association

(“Association”), operated its public water

supply system without a certified operator and failed to:

(1)

submit monthly operating reports or water samples to the

Agency;

(2) provide public notification that it failed to perform

the

required monitoring and testing procedures;

(3) obtain

and utilize

the requisite chlorine testing equipment,

in violation of Section

1(d)

of “An Act to Regulate the Operating of a Public Water

Supply,”

Ill. Rev,

Stat.,

Ch,

111—1/2, par.

501 et seq.,

1979

(“PWS Act”);

Rules

302,

305,

309(A), 310(A),

313(D), and 315 of Chapter

6:

Public Water Supplies

(“Chapter 6”); Agency Technical

Policy

Statements 305(C)(6) and 315;

and Sections 18 and 19 of the

Illi~

nois Environmental Protection Act (“Act”).

A hearing was held

on February

2,

1982 at which no members of the public were pre~

sent.

The parties filed a Stipulation and Proposal for

Settle-

ment on February

4,

1982.

The Respondent, an Illinois incorporated association

of

home-

owners and landowners in the Old Salem Chautauqua Park

(“Park”),

distributes water

for drinking and general domestic use

to about

110 permanent residents of the Park who live in 50 homes near the

City of Petersburg

(“City”)

in Menard County,

Illinois,

(Stip.

2;

9).

The water comes from the City’s water supply system,

Water

usage

is ascertained from meters located at the tap

to each

resi-

dence and the City directly bills the property owners for any

water consumed.

(Stip.

2).

45—539

---

—2—

The parties have stipulated that the Association:

(1) has not

had a certified operator for its system since September 12,

1973;

(2) failed to submit the necessary monthly operating reports

to

the Agency since January

5,

1981, after demand by the Agency;

(3)

failed to submit representative water samples of its finished water

to a certified laboratory for bacteriological analysis despite re-

quests by the Agency,

for various monthly sampling periods between

October

15,

1979 and May 3,

1981;

(4) failed to provide public

notification that it hadn’t performed the required monitoring and

testing procedures; and

(5)

failed to have approved residual chlo-

rine testing equipment or utilize any equipment to determine

whether required levels of free and combined chlorine were being

continuously maintained.

(Stip.

4-8).

The Association has indicated that its past noncompliance was

due to:

(1) severely limited incoming funds due to low assessment

fees and lack of taxing power;

(2)

large expenses incurred to cor-

rect problems resulting from an antiquated sewer system;

(3) de-

faults by Association members on their assessment obligations,

and

(4) legal and engineering costs

in establishing a new sanitary

district.

(Stip.

9—10).

It is stipulated that the officers and

directors of the Association, who serve without compensation, have

“devoted considerable time and expense to the resolution of defects

in the sewer system serving the Park in an effort to remedy pollu-

tion to the Sangainon River and,

in doing

so, have secured the

creation of the Old Salem Chautauqua Park Sanitary District,

which,

within the past year, has required all residents of the Respondent

Park to install private sewage disposal systems at their own ex-

pense to disconnect from the old sewer and has substantially re-

solved the water pollution problem from the Park.”

(Stip.

10),

Additionally, the parties have noted no “incidents which have

resulted in demonstrable adverse effects to the health of any

Park resident or visitor.”

(Stip.

10—11).

The proposed settlement agreement provides that the Asso-

ciation admits the violations as charged in the Complaint and

agrees to:

(1)

cease and desist from further violations;

(2)

employ a certified operator within 30 days of the date of the

Board Order;

(3)

maintain the necessary operating reports, col-

lect the requisite water samples,

and comply with other opera-

tional requirements; and

(4) pay a stipulated penalty of $300

in quarterly installments over a one—year period.

(Stip.

11-13),

The Board finds the settlement agreement acceptable under Pro-

cedural Rule

331 and Section 33(c)

of the Act and finds that the

Respondent has violated Section 1(d) of the PWS Act;

Rules

302,

305,

309(A), 310(A),

313(D), and 315 of Chapter

6;

and Sections

18 and 19 of the Act.

The Association will be ordered to pay

the stipulated penalty of $300.

This Opinion constitutes the Board’s findings of fact and

conclusions of law in this matter,

45—540

---

—3—

ORDER

1.

The Respondent, the Old Salem Chautauqua

Association,

has violated Section 1(d)

of “An Act to Regulate the

Operating

of a Public Water Supply,” Ill.

Rev.

Stat.,

Ch. 111—1/2,

par.

501

et ~

(1979);

Rules 302,

305,

309(A),

310(A), 313(D), and

315

of Chapter

6:

Public Water Supplies and Sections

18

and

19 of

the Illinois Environmental Protection Act.

2.

Within 30 days of the date of this Order, the Respon-

dent shall employ a certified operator for the operation

and

maintenance of its public water supply system

and shall have an

approved chlorine test kit available for that operator.

3.

Effective the date of this Order,

the Respondent

shall:

(a)

cease and desist from further violations;

(b)

initiate maintaining operational

reports and submit

them to the Agency monthly.

These

reports must

in-

clude records of usage, and chlorine

residuals run

at least two days per week,

However,

reports of

total water consumption are not due

for one year;

(c)

assure

that

the required bacterial

samples are

collected, submitted, and analyzed

within

each

sampling period;

and

(d)

issue public notification in accordance

with the

public water supply rules and regulations,

when

applicable.

4,

Within one year of the date of this Order,

the

Respon-

dent shall, by certified check or money order payable to the

State of Illinois, pay the stipulated penalty of $300.

Payments

shall be made

in four quarterly installments of

$75

each

and are

to be sent to:

Illinois Environmental Protection Agency

Fiscal Services Division

2200 Churchill Road

Springfield,

Illinois

62706

5,

The Respondent shall comply with all

the terms and

con-

ditions of the Stipulation and Proposal

for Settlement

filed on

February 4,

1982, which is incorporated by reference

as

if fully

set forth herein.

45—54 1

---

—4—

IT IS SO ORDERED.

I, Christan

L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify that the ab ye Opinion and Order

were adopted o~ithe

/~

day of

,

1982

by a vote of

4-o

Christan L.

MO’~4’t,

Clerk

Illinois Polluti’6’n Control Board

45—542