ILLINOIS POLLUTION CONTROL BOARD

July 7, 1977

ENVIRONMENTAL PROTECTION AGENCY,

)

Complainant,

v.

)

PCB 77-63

VILLAGE OF FARMERSVILLE,

)

Respondent.

Mr. Steven Watts, Assistant Attorney General, appeared on

behalf of Complainant.

Mr. Ralph Bawden appeared on behalf of Respondent.

OPINION AND ORDER OF THE BOARD (by Dr. Satchell):

This case was filed with the Board on February 25, 1977.

The complaint alleges that the Village of Farmersville owns

and operates a public water supply system which includes, but

is not limited to, two drilled drift wells, 5,600 gallon re-

action basin, a 150,000 gallon elevated storage tank and a

distribution system. The complaint further alleges that the

water from the well is aerated, chlorinated, filtered and

fluoridated before being discharged in the distribution system,

and that since at least August 1, 1975 Respondent has operated

its public water supply system without having in its employ a

properly certified Class B or Class A water supply operator,

in violation of Section 1 of an Act to Regulate the Operating

of a Public Water Supply.

A hearing was held April 26, 1977. A stipulated statement

of facts and a proposed settlement was presented for Board

approval. No testimony was given.

The stipulated facts provide that Respondent, Village of

Farmersville, located in Montgomery County, Illinois, owns and

operates a public water supply. The system is as described in

the complaint. Respondent admits it operated its public water

supply from August 1, 1975 to April 8, 1977 without a certified

public water supply operator.

---

—2—

On April 26, 1977, the Agency received a “Notification

of Certified

Operator

in Responsible Charge” from Farmers-

yule. John Lewis, a properly certified Class A

operator,

had assumed the duties of certified water operator for the

Village.

In settlement Respondent agrees to continue to employ

a properly certified

public water supply operator and to pay

a penalty of $225.

The Board finds this settlement to be acceptable under

Procedural Rule 331. The Board finds the Village of Farmers—

yule did violate Section 1 of an Act to Regulate the

Operating

of a Public Water Supply. Under the law the

Board must penalize

a violator not less than $100 nor

more than

$1,000 for each

offense. A penalty of $225 is acceptable for enforcement

purposes.

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. The Village of Farmersville is found to have

violated Section 1 of An Act to Regulate the

Operating of a Public Water Supply.

2. Respondent shall pay a penalty of $225 within

35 days of this order. Payment shall be be

certified check or money order payable to:

State of Illinois

Fiscal Services Division

Environmental ProLect

ion

Aqency

2200 Churchill Road

Springfield, Illinois 62706

I, Christan

L.

Moffett, Clerk of the Illinois Pollution

ontrol Board, hereby certify the aboye Opinion and Order

were

adopted on the ~L_ day of

_________,

1977 by a vote of

~ ~

i( ~

Christan L. Moffe~t,~ erk

Illinois