ILLINOIS POLLUTION CONTROL BOARD
    October 19, 1978
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    )
    Complainant,
    )
    v.
    )
    PCB 78—151
    !~1ANSON
    HEIGHTS, INC., an
    Illinois Corporation,
    Respondent.
    MR. REED
    NEUMAN,
    ASSISTANT
    ATTORNEY GENERAL, APPEARED ON BEHALF
    OF THE
    COMPLAINANT.
    MR. STEVEN WATTS, ATTORNEY AT LAW, APPEARED ON BEHALF OF THE
    RESPONDENT.
    OPINION
    AND ORDER OF THE BOARD
    (by Dr. Satchell):
    This matter comes before the Board upon a complaint filed
    on May 23, 1978 by the Environmental Protection Agency (Agency).
    The complaint alleges violations of Section 18 of the Environ-
    mental Protection Act (Act); Rule 209 of Chapter
    6:
    Public Water
    Supply Regulations (Chapter 6); Rule 302 of Chapter 6 and
    Section 1 of “An Act to Regulate the Operating of a Public Water
    Supply”; Rule 305
    of
    Chapter 6; Rule 306 of Chapter 6; and Rules
    309 Aarid 310 of Chapter 6 and Section 19 of the Act. Hearings
    were held concerning this matter on July 28, 1978 and September 11,
    1978. At the September hearing a stipulated proposal for settle-
    ment was presented to the Board for approval. No testimony was
    given at this hearing.
    The stipulated agreement provides the following facts.
    Manson Heights has at all times pertinent hereto, owned and
    operated a public water supply, as defined by the Act, in Knox
    County, Illinois approximately twelve miles east of the City of
    Galesburg and three miles north of an unincorporated residential
    area known as “Appleton”.
    The public water supply system consists of a distribution
    system, a carbon filter, and separate pressure storage tanks,
    one of forty gallons and the other of eighty—two gallons capacity.
    The system draws its water from an adjacent strip mine lake of
    approximately 342.3 million gallons capacity. Respondent’s
    system has served and presently does serve thirteen homes, of
    which
    six at present are used only as vacation homes. These
    homes are served by two separate pumping stations which pump
    water drawn from the strip mine lake.

    —2—
    Respondent’s system also at one time provided water for a
    campground area consisting of approximately 100 trailer/camper
    spaces, four outside hydrants, a bathhouse, and a swimming pool.
    Since on or about August 11, 1977 at least the camping area
    itself has been and will be served by a separate well dug by
    Manson Heights, and a 5000 gallons capacity pressurized storage
    tank has been installed for the campground. Presently the lake
    pumping system serves the campground only to supply water to a
    dumping station and arrangements have been made by Manson Heights,
    Inc. to sever that connection on or before January 1, 1979. None
    of the water which goes to the dumping station is used for
    drinking purposes.
    After an inspection of the water supply in November 1976
    an Agency inspector contacted Respondent concerning possible
    violations. One method of achieving compliance suggested
    was
    for Manson Heights to alter its system so that it would no
    longer be classified as a public water supply under the Act.
    Steps were then taken to modify the supply accordingly.
    In the spring of 1977, a contract was made to have a new
    well dug for the campground. On or about August 11, 1977 this
    work was completed. Following this the campground water supply
    was severed from the lake pump houses; the connection between
    the lake pump houses was severed and the mains changed so that
    one system served eight of the thirteen homes and the other
    system served five. At this time iodinators were installed at
    each pump. Presently these systems function independently and
    serve as back-ups for each other. In September 1977 the Agency
    was informed of these changes; however, the letter was either
    lost or misplaced and no response was ever made.
    The Agency has received several complaints about Respondent’s
    water supply; specifically in the spring of 1977 complaints were
    made that at times water pressure was low or at zero. The Agency
    has serious reservations about the ability of the supply as
    designed to provide safe and adequate quality water in sufficient
    quantities. The Agency in a letter dated June 27, 1977 recom-
    mended that a boil order be issued until the deficiencies were
    corrected. With the aforementioned changes Respondent feels
    that the system now supplies water of adequate quantity and
    quality; the Agency is without sufficient information to form a
    final opinion about the present water supply. The parties submit
    that water samples taken from the supply over the past two years
    have given no indication that a danger of water contamination
    exists.
    31—680

    —3—
    Respondents admit the alleged violations up to on or About
    August 31, 1977. The parties agreed the violations were
    unintentional and the Respondent has acted promptly and dili-
    gently to correct the problem. Upgrading the facility could
    run from $10,000 to $30,000. Additional annual operating costs
    would also be incurred. Given the costs and the size of the
    system Respondent submits that it would rather attempt to comply
    with the Act by
    establishing separate water supply systems, each
    serving less than ten residences, thus
    exempting these systems
    from current Board regulations.
    Adequate physical separation of the systems has already
    been achieved. Perfection of the separation of ownership and
    transfer thereof to
    separate
    and distinct associations of the
    homeowners
    of these systems can be achieved by January 1, 1979.
    This method of compliance is technically practicable and econ-
    omically feasible. The Board notes it has accepted such sol-
    utions in previous similar cases, EPA v. E. Lyle Epperson et
    al.., 23 PCB 581 (1976). The location is not in issue in this
    cause. The facility does have significant social and economic
    value to the community, but the continued failure of the
    facility to be in compliance constitutes a potential to injure
    or interfere with the protection of the property and general
    welfare of the people.
    Manson Heights agrees to cease violations of the Act and
    currently applicable rules and regulations by January 1, 1979.
    Until compliance is achieved, Manson Heights shall take all
    steps necessary to insure the delivery of water of adequate
    quality and sufficient quantity to its customers from the lake
    pumping systems. The steps to be taken, including the possibil-
    ity of a boil order, shall be determined after consultation with
    Agency field personnel.
    The parties agree that no present Board water supply regulations
    apply to the compground facility as now constituted. The Agency
    submits that this facility is now properly within the jurisdiction
    of the Department of Public Health.
    The stipulation provides that considering the nature of the
    conditions at the subject site, the size of Respondent’s operation,
    the general diligence of Respondent to achieve compliance and the
    Agency’s failure to respond promptly to Respondent’s overtures
    towards compliance, and the other control measures agreed to, the
    parties recommend that no monetary penalty be assessed.
    •31—6~1

    —4—
    The Board finds the stipulated agreement acceptable under
    Procedural Rule 331. The Board finds that Respondent was in
    violation of the alleged Rules and Sections of the Act until
    August 31, 1977. Respondents will be required to comply with
    all the provisions of the stipulated agreement incorporated by
    reference as if fully set forth herein. No penalty shall be
    assessed.
    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. Nanson Heights, Inc. is found to have violated
    Section 18 of the Environmental Protection Act;
    Rule 209 of Chapter 6: Public Water Supply Reg-
    ulations; Rule 302 of Chapter 6 and Section 1 of
    “An Act to Regulate the Operating of a Public
    Water Supply”; Rules 305 and 306 of Chapter 6; and Rules
    309 and 310 of Chapter 6 and Section 19 of the
    Act.
    2. Respondent shall comply with all the provisions
    of the stipulation incorporated by reference as if
    completely set forth herein.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify the above Opi io and Order
    were adopted on the _____________day of
    _______________,
    1978
    by a vote of
    4/-ce .•
    Illinois Pollutio
    .~l—682

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