ILLINOIS POLLUTION CONTROL
    BOARD
    July
    6,
    1978
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Complainant,
    )
    v.
    )
    PCB 77—64
    )
    LIONEL FAHNESTOCK and FAHNESTOCK
    )
    WELL SYSTEM,
    INC.,
    )
    )
    Respondents.
    MR. WILLIAM J. BARZANO,
    JR., ASSISTANT ATTORNEY GENERAL, APPEARED
    ON BEHALF OF THE COMPLAINANT.
    MR. LIONEL FAHNESTOCI
    APPEARED PRO SE ON
    BEHALF
    OF THE
    RESPONDENTS.
    OPINION AND ORDER OF THE BOARD
    (by Mr. Werner):
    This matter comes before the Board on the February 25,
    1977
    Complaint brought by the Illinois Environmental Protection Agency
    alleging that Lionel Fahnestock and the Fahnestock Well System,
    Inc.
    owned a public water supply system which was operated with no
    certified water supply operator and no chlorination or fluoridation
    of water in violation of Section
    1 of an Act to Regulate the
    Operating of a Public Water Supply,
    Ill.
    Rev.
    Stat.
    1975,
    ch.
    111—1/2, par.
    501,
    and Rule 305 and Rule 306 of Chapter
    6:
    Public
    Water Supply Regulations.
    A hearing was held on April
    5,
    1978.
    The Fahnestock Well System,
    Inc. includes one 113 foot-deep
    drilled drift well which discharges into a relatively small,
    362
    gallon pressure tank.
    From the pressure tank, water passes into
    the mains, pipes and other structures which constitute the distri-
    bution system.
    (R.
    8,
    R.
    16, Comp. Exh. 4).
    The distribution
    system supplies water for drinking and general domestic use to
    17
    homes
    in the Fahnestock Court Subdivision in Peoria County,
    Illinois.
    (R.
    9).
    The system has been in operation approximately
    23 years.
    (R.
    9).
    At the hearing, Mr. Lionel J. Fahnestock testified that he
    was disabled on July 29,
    1975 and had a total gross income of
    about $1,500.00
    in 1976.
    (R.
    11,
    R.
    13).
    Mr. Fahnestock, who was
    31—3
    —2—
    called as an adverse witness by the Agency, admitted that the
    Fahnestock Well System had no certified public water supply oper-
    ator, did
    not
    chlorinate its water before it entered the distri-
    bution system, and did not add any fluoride to its water to
    maintain a fluoride/ion concentration reported as F of 0.9 to
    1.2 mg/i in its distribution system.
    (R.
    9,
    R. 10).
    Mr. Richard A. Gerard,
    an Agency employee, then testified
    that he inspected the Fahnestock Well System in Peoria,
    Illinois
    on January
    7,
    1975.
    (R.
    15,
    R.
    16).
    Mr. Gerard stated that he
    observed no certified operator on that date or on any of his sub-
    sequent inspections.
    (R. 17).
    He also testified that he observed
    that no facilities were provided to chlorinate or fluoridate the
    water.
    Mr. Gerard expressed the opinion that
    a feasible means
    existed to comply with the requirements of chlorinating this
    particular water supply.
    (R.
    18).
    He indicated that,
    for this
    size water supply,
    a chlorine solution tank and a small chemical
    feed pump
    (to feed the chlorine solution into the water supply)
    could be installed to operate in conjunction with the well pump.
    (R.
    18,
    R.
    19).
    Mr. Gerard also indicated that a
    “simple set-up”
    to fluoridate the water could also be installed.
    (R.
    19).
    This
    would consist of a solution tank and small chemical feed pump
    (to feed the fluoride solution to the water supply)
    which could be
    installed to operate in conjunction with the well pump.
    (R.
    19).
    He said that it would cost approximately $2,000.00 to install both
    the fluoridation and chlorination facilities.
    (R.
    20).
    Mr.
    Gerard
    stated that chlorination is necessary to disinfect the water and
    safeguard the public health.
    He also testified that on March 21,
    1978 he collected a water sample which was sent to the Agency’s
    Champaign laboratory for fluoride analysis.
    (R.
    20,
    R.
    21).
    The next witness was Lou Allyn Frost, an Agency employee.
    She testified that the Agency records indicated that no public
    water supply operator certification had been issued to either Mr.
    Lionel J. Fahnestock or Fahnestock Well System,
    Inc.
    (R.
    26).
    Mr. Frank John Schmidt,
    an Agency employee and laboratory
    manager, then described the standard routine that the laboratory
    follows when a water sample is
    first brought in, and identified
    the Complainant’s Exhibits
    4 and
    5
    (i.e.,
    the mineral analysis
    reports pertaining to fluoride and chloride concentrations in
    water samples).
    (R.
    29—34).
    He also indicated that fluoride may
    be a naturally occurring~substancein water.
    (R.
    35).
    Mr. Lionel
    J. Fahnestock, who appeared pro se,
    then testified
    that he was representing himself because he had been disabled for
    3 years, had little money coming in, and didn’t have the money
    to
    hire
    a lawyer.
    (R.
    37)
    .
    Mr. Fahnestock said he “felt that it was
    31—4
    —3—
    kind of fruitless” since he realized that he was “guilty of this
    offense.”
    CR.
    37).
    Mr. Fahnestock stated that he “tried v~rious
    ways of rectifying this situation” where he “wouldn’t have to go
    into this field of chlorination and chlorine.”
    (R.
    38).
    He
    obtained a survey of the subdivision from the Peoria Water Company
    in late 1977.
    (R.
    38,
    R.
    39).
    According to Mr. Fahnestock, the
    Peoria Water Company said that they could supply the subdivision
    with Peoria water “at a cost of $36,999.00 for 17 homes” which
    “really wouldn’t be feasible to the individuals; this would be
    from between $2,400.00 and $2,500.00 per house.”
    CR.
    39).
    This
    cost did “not include the main hook-up which would run from
    $400.00 to $500.00.”
    CR.
    39).
    Mr. Fahnestock stated that he
    “talked to the individuals and this is a subdivision of low income
    houses and they just couldn’t afford it.”
    CR.
    39).
    Mr. Fahnestock also testified that he had retained an engineer,
    Mr. Richard L. Bettler,
    to rectify the situation by installing a
    larger water tank and a chlorination and fluoridation water treat-
    ment system.
    (R.
    39,
    R.
    42, Resp.
    Exh.
    4).
    Mr. Fahnestock also
    indicated that he plans to hire Mr. Ronald C. Hoyle as his certi-
    fied public water supply operator.
    CR. 40).
    In evaluating this enforcement action,
    the Board has taken
    into consideration all the facts and circumstances in light of the
    specific criteria delineated in Section 33(c)
    of the Act.
    Incinerator,
    Inc. v. Illinois Pollution Control Board,
    59 Ill.
    2d
    290,
    319 N.E.
    2d 794
    (1974).
    The Respondent’s good faith efforts
    to comply with the Board’s Public Water Supply Regulations,
    and
    his personal situation and precarious financial condition have
    also been duly noted.
    On the basis of the record, the Board finds that Mr. Lionel
    Fahnestock and the Fahnestock Well System,
    Inc. operated its
    public water supply without having
    u-i
    its employ a properly certi-
    fied operator from January
    7, 1975 until February 25,
    1977 in
    violation of Section
    1 of an Act to Regulate the Operating of a
    Public Water Supply
    (Ill. Rev.
    Stat.,
    1975,
    Ch. 111—1/2,
    par.
    501).
    Moreover,
    the Respondents failed to properly chlorinate the water
    supply from December 21,
    1975 until February 25,
    1977 in violation
    of Rule 305 of Chapter
    6:
    Public Water Supply Regulations.
    The
    Respondents also failed to maintain a fluoride ion concentration
    reported as F of 0.9 to 1.2 mg/i in its distribution system from
    January 7,
    1975 until February 25,
    1977 in violation of Rule 306
    of Chapter
    6:
    Public Water Supply Regulations.
    Consequently,
    a
    penalty of $100.00 is assessed in accordance with Section
    1 of an
    Act to Regulate the Operating of a Public Water Supply.
    —4—
    This Opinion and Order constitute the Board’s findings of
    fact and conclusions of law in this matter.
    ORDER
    It is the Order of the Illinois Pollution Control Board that:
    1.
    Mr. Lionel Fahnestock and Fahnestock Well System,
    Inc.
    have violated Rule 305 and Rule 306 of Chapter
    6:
    Public Water
    Supply Regulations and Section 1 of an Act to Regulate the Oper-
    ating of a Public Water Supply
    (Iii. Rev. Stat.,
    1975,
    Ch.
    111-1/2,
    par.
    501)
    from January
    7,
    1975 until February 25,
    1977.
    2.
    Within 90 days of the date of thisOrder,
    Mr. Lionel
    Fahnestock and Fahnestock Well System,
    Inc. shall pay a penalty
    of $100.00
    ,
    payment to be made by certified check or money order
    to:
    State of Illinois
    Fiscal Services Division
    Illinois Environmental Protection Agency
    2200 Churchill Road
    Springfield, Illinois
    62706
    3.
    Mr. Lionel Fahnestock and Fahnestock Well System,
    Inc.,
    shall forthwith take all appropriate measures to immediately
    chlorinate and fluoridate its public water supply system and to
    obtain a properly certified public water supply operator no later
    than 90 days from the date of this Order.
    The Respondents shall
    promptly take all necessary steps to obtain the requisite Agency
    approval for these measures.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify the ab ye Opinion and Order were
    adopted on the
    ~
    day of
    ________________,
    1978 by a
    vote of
    ~/-o
    Christan L. Moff
    Clerk
    Illinois Pollution Control Board

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