ILLINOIS POLLUTION CONTROL BOARD
    August
    4,
    1977
    ENVIRONMENTAL PROTECTION AGENCY,
    Complainant,
    v.
    )
    PCB 77—72
    WALNUT HILL WELL ASSOCIATION,
    an unincorporated association,
    )
    Respondent.
    OPINION
    AND
    ORDER OF THE BOARD
    (by Dr.
    Satchell):
    On March
    7, 1977 a complaint was filed with the Board by
    the Environmental Protection Agency
    (Agency).
    The complaint
    alleges that Walnut Hill Well Association is an unincorporated
    association located approximately 1.5 miles northwest of
    Danville in Vermilion County, Illinois;
    that Respondent owns
    and operates
    a public water supply system,
    serving approximately
    56 people;
    that Respondent’s public water supply system includes,
    but is not limited to, one well,
    a pressure storage tank and
    a distribution system; and that since at least September 12,
    1973, Respondent has operated its public water supply facility
    without having in its employ a certified water supply operator
    in violation of Section
    1 of an Act to Regulate the Operating
    of a Public Water Supply.
    The complaint further alleges vio-
    lations of Rule 305 of Chapter
    6: Public Water Supplies (Chap-
    ter 6), failure to chlorinate the water of the distribution
    system,
    and of Rule 306 of Chapter
    6,
    failure to add fluoride
    to the public water supply.
    A hearing was held on May 23,
    1977 at which time a stipu-
    lated settlement was presented for Board acceptance.
    This settlement provides that the public water supply
    system operated by Respondent has been in operation prior to
    and continuously since November 22, 1974.
    The system was
    operated from September 12,
    1973 to August,
    1975 without having
    in Respondent’s employ a natural person properly certified as
    a water supply operator.
    It is further stipulated that Respon-
    dent has never chlorinated or added fluoride to the water it
    distributes.
    The parties agreed that Respondent’s water supply
    —2—
    system has significant social and economic value to the
    community, but that failure to chlorinate and fluoridate
    and the failure to have a certified water supply operator
    to maintain the system constitutes a potential hazard
    to
    the health and general welfare of the people served by this
    system.
    Respondent has employed a Class B water supply operator
    since August, 1975; however, Agency records did not reflect
    such employment or classification until February
    23, 1977.
    The parties agree that it is both technically
    practicable
    and economically reasonable for Respondent. to chlorinate and
    fluoridate its water,
    To this end Respondent
    has
    retained
    the
    serviceê of Engineering and Planning Consultants, Inc.
    which has proposed a compliance plan to be
    completed by
    July
    1, 1977
    (Stip.
    4).
    The
    Agency finds this plan acceptable.
    The parties agree
    that considering
    the nature of the violations,
    the make-up of the Walnut Hill Well Association and its efforts
    to attain compliance that a $100 penalty for failing to employ
    a certified water operator is appropriate
    and
    that no penalty
    is necessary for failure to chlorinate and
    fluoridate the
    system.
    The Board
    finds this stipulated agreement acceptable under
    Procedural Rule 331.
    The Board finds Respondent in violation
    of Section
    1 of an Act to Regulate the Operating of a Public
    Water Supply and Rules 305 and 306 of Chapter 6.
    A penalty of
    $100
    is 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.
    The Walnut Hill Well Association
    is found to be
    in violation of Section
    1
    of an Act to Regulate
    the Operating of a Public Water Supply and of
    Rules
    305 and 306 of Chapter
    6: Public Water
    Supplies.
    2.
    Respondent shall
    pay
    a penalty of $100 within 45
    days of this order,
    Payment shall be by certified
    check or money order payable to:
    State of Illinois
    Fiscal Services Division
    Environmental Protection Agency
    2200 Churchill Road
    Springfield1 Illinois 62706
    —3—
    I, Christan L. Moffett,
    Clerk of
    the
    Illinois Pollution
    Control Board, hereby c~rtifythe above Opinion and Order
    were adopted on the
    J~
    day of
    1977 by a
    vote of
    ~.
    Illinois Pollution

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