ILLINOIS POLLUTION CONTROL BOARD
    August
    3,
    1978
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    Complainant,
    vs.
    )
    PCB 75—218
    E. LYSLE EPPERSON, ALPHA
    )
    FAY EPPERSON,
    and LYSLEEN
    HUNTER,
    Respondents.
    OPINION
    AND
    ORDER OF THE
    BOARD
    (by Dr. Satchell):
    This matter comes before the Board on remand from the
    Appellate Court of Illinois, Fourth Judicial District.
    Originally
    a complaint was filed on May
    28,
    1975 by the Environmental Pro-
    tection Agency
    (Agency).
    An amended complaint was filed on
    February
    13,
    1976.
    This complaint made allegations of violations
    of the Environmental Protection Act
    (Act),
    the Public Water
    Supply Systems Rules and Regulations
    (Regulations)
    which are
    continued in effect by Section 49(c)
    of the Act and incorporating
    by reference certain sections
    of the “Great Lakes
    Upper
    Mississippi River Board of State Sanitary Engineers Report on
    Policies for the Review and Approval of Plans and Specifications
    for Public Water Supplies”
    (Standards),
    several Rules of the
    Board’s Chapter
    6:
    Public Water Supplies and Section
    1 of “An
    Act
    to Regulate the Operating of
    a Public Water Supply,” Ill.
    Rev.
    Stat.
    Ch.
    111 1/2 Par.
    501
    (1975).
    These allegations are more
    completely set out in the Board order of September 30,
    1976
    (23 PCB 581).
    In that order the Board made a final determination
    concerning forty-nine of the Respondents based on a stipulated
    agreement.
    This proceeding is concerned with the three remaining
    Respondents.
    A hearing was held in this matter on February 22,
    1978.
    In an order on April
    27, 1978 the Board stated that if
    interrogatories answered after the hearing date raised new matters
    relevant to Respondent’s defense that Respondents should be allowed
    an opportunity for further hearing.
    Since no new pleadings have
    been filed the Board assumes the Respondents intend to present no
    further evidence.
    Requests
    for admissions were served on these Respondents
    in
    1976.
    Since the requests went unanswered they are deemed admitted
    under Procedural Rule 314.
    The admissions are sufficient to find
    the alleged violations; however,
    the Board will examine the
    evidence presented at hearing.
    E. Lysle Epperson testified at the hearing.
    Respondent,
    31—143

    2
    Lysleen Hunter is Mr. Epperson’s daughter.
    She owns a lot in
    Lakeview Acres
    CR.
    81).
    There is no house on the lot nor any
    connection with the water system.
    Lysleen Hunter was never a
    member of the water association.
    The Board finds that there is
    no basis to
    find Lysleen Hunter in violation of the Regulations
    or Act.
    Respondent, Lysleen Hunter,
    is dismissed from the pro-
    ceeding.
    Respondent,
    Alpha Fay Epperson, who
    is
    82 years old,
    is
    E. Lysle Epperson’s mother.
    She did own a lot in the subdivision
    with a house on it
    (R.
    54).
    She paid for water from the water
    supply system although she never attended the homeowner’s meetings
    CR.
    54).
    When the other resident respondents drilled individual
    wells Mrs. Epperson also put down a well
    (R.
    55).
    E.
    Lysle
    Epperson’s name appears on the loan for his mother’s property
    because his parents were too old to get the loan on their own
    (R.
    55).
    Mrs. Epperson does not presently own any property.
    The
    Board does find that the information provided at the hearing
    with the admissions is sufficient to find
    Mrs.
    Epperson in
    •violation of the alleged Regulations and the Act.
    In making a
    final determination the Board must consider the factors of Section
    33(c)
    of the Act.
    In this case there was no evidence presented
    as to any public injury.
    Mrs. Epperson did put in a well as did
    most of the other respondents in this case.
    The Board finds that
    a penalty would not aid in the enforcement of the Act in the case
    of Alpha Fay Epperson.
    A violation of Section
    1 of
    “An Act to
    Regulate the Operating of
    a Public Water Supply” requires a
    minimum penalty of $100.00.
    As noted in the Board order of
    September
    30,
    1976 this penalty is suspended.
    Respondent E. Lysle Epperson was the original developer of
    this subdivision
    CR.
    57).
    It was originally laid out in 1960
    (R.
    57).
    Prior
    to turning over the water system to the association
    of property owners Mr. Epperson stated that the water system was
    checked by the predecessor to the Agency and that no problems
    were noted
    (R.
    59).
    Epperson did send monthly water samples when
    he operated the system
    (R.
    48).
    When Mr. Epperson sold each lot
    $300.00 was for the purchase of the water system
    (R.
    59).
    Public
    Health Department officials did stop to see Mr. Epperson about the
    system in 1965 but left after determining Mr. Epperson was not
    selling water
    CR.
    65).
    A Public Health permit was obtained when
    the well was constructed
    CR.
    68).
    The mortgage company took over
    what property interests Mr. Epperson had left in approximately
    1971
    CR. 41,
    42).
    The facts presented to the Board do not present a clear
    picture of what has happened in this case.
    The very fact that
    this problem originated in the early 1960’s adds much to the
    lack of clarity.
    Memories become dim and evidence is hard to
    provide.
    Violations could be found on the basis of the admissions
    alone; however, the Board finds that there
    is insufficient basis
    in the record to verify ownership and responsibility for the
    water system.
    The allegations against
    E.
    Lysle Epperson are
    dismissed.
    31—144

    3
    This opinion constitutes
    the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    It is the order of the Pollution Control Board
    that:
    1.
    Respondents Lysleen Hunter and E.
    Lysle Epperson are
    dismissed.
    2.
    Respondent, Alpha Fay Epperson is found in violation
    as alleged and more fully set forth in the Board
    order of September
    30,
    1976,
    23 PCB 587,
    588.
    I, Christan L. Moffett,
    Clerk of the Illinois Pollution
    Control Board, her by certify the above 0 inion and Order were
    adopted on the
    ~3
    ~
    day of
    _____________,
    1978 by a vote
    of
    _______________
    Christan L. Mo ~
    ,
    Clerk
    Illinois Pollut
    n Control Board
    31—145

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