ILLINOIS POLLUTION CONTROL
    BOARD
    August
    3,
    1978
    ENVIRONMENTAL PROTECTION AGENCY,
    Complainant,
    v.
    )
    PCB 78—75
    CITY OF ST. FRANCISVILLE,
    Respondent.
    MR. REED W.
    NEUMAN
    APPEARED ON BEHALF OF THE AGENCY;
    MR.
    C. MICHAEL WITTERS APPEARED ON BEHALF OF RESPONDENT.
    OPINION AND ORDER OF THE BOARD
    (by Mr. Dumelle):
    The Environmental Protection Agency filed its complaint
    on March 16,
    1978 alleging that the City of St. Francisville has
    operated its public water supply system without a certified
    operator in violation of
    §1 of the Public Water Supply Act,
    I1l.Rev.Stat.
    1975,
    Oh.
    111—1/2, par.
    501.
    The complaint also
    alleges that the City has failed to submit monthly operating
    reports to the Agency in violation of Rule 310 of the Board’s
    Regulations, Chapter
    6: Public Water Supplies, and in violation
    of §19 of the Public Water Supply Act, par.
    1019.
    A hearing was held on June
    6,
    1978 at the St. Francisville
    County Court House.
    Two members of the public were present
    along with various city officials.
    The City admits the charges
    and to receiving notice of these violations as early as February,
    1974.
    St. Francisville
    is a small community
    in Lawrence County
    with a population of 1,000
    people.
    Its public water supply
    system serves all but one family in the area
    (R.l4).
    The
    City had been plagued for years with an inadequate water supply
    system and built well number
    7 into
    a deeper aquifer
    in response
    to this need
    (R.16).
    This well was constructed by volunteer labor
    due to the city’s
    limited financial resources
    (R.19)
    In its defense,
    the City claims that it has made reasonable
    efforts to rectify various problems in its public water system,
    and there are now only a few remaining unsolved problems.
    Furthermore,
    the City has tried repeatedly to obtain the
    services of a certified operator.
    It has sent three men to
    take the certification test,
    including the present operator,
    31—193
    —2—
    with 14 years experience, but all to date have failed the test
    (R.16).
    The City has also considered hiring a certified operator
    from outside the area,
    but has been unable to obtain an operator
    (R.31).
    The operating reports have been completed each month
    but have not been forwarded~tothe EPA for lack of a certified
    operator’ s signature.
    The Board appreciates the City’s good faith efforts and
    problems in this matter, but these violations have continued for
    over four years
    (R.l8).
    The City has had ample opportunity in
    which to comply with the regulations of the Board and the Public
    Water Supply Act.
    The Board notes that the City has been notified
    of these violations by letter from the Agency on at least two
    occasions,
    on February
    7, 1974 and on December 22,
    1976.
    Under
    the circumstances, the Board finds that a penalty of $100.00
    is
    warranted, and the Board orders the City to cease and desist such
    violations within
    120 days.
    This Opinion constitutes the findings of fact and conclusions
    of law of the Board in this matter.
    ORDER
    It is the Order of the Pollution Control Board that:
    1.
    The City of St. Francisville has violated §1 of the
    Public Water Supply Act, and §19 of the Environmental
    Protection Act, Ill.Rev.Stat.
    1975,
    Ch. 111—1/2,
    par. 501 and 1019, respectively, and Rule 310 of the
    Board’s Regulations, Chapter
    6: Public Water Supplies.
    2.
    The City of St. Francisville shall cease and desist
    all violations within 120 days of this order.
    3.
    The City of St. Francisville shall pay a penalty of
    $100.00 within 45 days of the date of this Order.
    Said penalty payment by certified check or money order
    shall be made payable, to:
    State of Illinois
    Fiscal Services Division
    Illinois Environmental Protection Agency
    2200 Churchill Road
    Springfield, Illinois 62706
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify the above Opinion and Order were
    adopted on the
    ~~‘day
    of
    _______________,
    1978 by a vote
    of
    ___________
    ~
    ~.
    )
    .~hri~an
    L. Moffett, C1erk~’
    33~1~llinoisPollution Control Board

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