IL INOIS POLLL’TTON CONT1~OL BOARD

Jun~

9

,

1977

Ro~J1I;c~TAL POrPFCTION AGENCY

Complainant,

v.

)

PCB 77-29

VILLAGE OF BIGGSVILLE,

Respondent.

Steven R. Watts, Assistant Attorney General, Attorney for

Complainant

Lyman R. Fort, Attorney for Respondent

OPINION AND ORDER OF THE BOARD (by Mr. Young):

This matter comes before the Board on the Complaint filed

on January 26, 1977,

~‘

the Environmental Protection Agency

charging in Count I that the Respondent Village of BiQgsville

owned and operated a public water supply system since at least

September 12, 1973, without having in its employ a properly

certified water supply operator in violation of Section 1 of

the Operation of a Public Water Supply Act (Ill. Rev. Stat.,

1975, Ch. 111 1/2, par. 501) (Certification Statute). The

Complaint further charges in Count II that the Village failed

to submit monthly operating reports from June 1974 through

April 1976 inclusive and fox November and December 1976 in

violation of Rule 310 of the Board’s Public Water Supply Regu-

lations (Chapter 6) and Section 19 of the Act.

A Stipulation of Facts and Proposed Settlement was entered

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Village of Biggsville owns and operaLes a uublic water

supply system which includes two drilled rock wells, a 30,000

gallon elevated storage tank and a distribution system. Water

is chlorinated by chemical feedinq before entering the distribu-

tion system. The Village admits that it operated its public

water supply from January 1975 to February 1, 1977, without a

prooerly certified water supply operator. Although the Village

did have in its employ a Class C operator from September 12, 1973

to January 1975, the Village failed to notify the Agency that

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such operator was so employed as required by Section 1 of the

Certification Statute. The Village also admits that it failed

to submit monthly operating reports from

June

1974 through April

1976, and that the reports for November and December 1976, were

not timely filed. The Village presently has in its employ a

properly certified

Class C operator.

The Proposed Settlement provides that the Village will

timely file its monthly operating reports and will make a good

faith effort to attain and submit to the Agency the public

water supply’s operating reports for June 1974 through April

1976. The parties further agree that a penalty of $300.00 is

appropriate in this case.

On the basis of Stipulation of Facts and Proposed Settlement,

the Board ffnds that the Village did violate Section 1 of the

Certification Statute as charged in Count I of the Complaint.

The Board further finds that the Village did violate Rule 310 of

Chapter 6 and Section 19 of the Act as charged in Count II of the

Complaint. Section 23 of the Certification Statute requires the

imposition of a penalty of not less than $100.00 nor more than

$1,000.00 for each violation of Section 1 found by the Board.

The Board finds that the Proposed Settlement is reasonable

and acceptable. In accordance therewith the Board will assess

$300.00 as penalty for the violations found herein.

rIft~is Opinion constitutes the Board’s findings of fact and

conclusions of law in this matter.

ORDER

1. Respondent, Village of Bigqsville, is found to have

operated its public water supply in violation of Section 1 of

the Certification Statute, Rule 310 of Chapter 6: Public Water

Supply Regulations, and Section 19 of the Environmental Protection

~ct and shall pay a penalty of $300.00 for such violations. Penalty

paymrnl by rrrt I lied rlierk or moiiry ()drr

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Lo; 1~i~c~i

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vi res Division,

illinois I:nviroIuTIentaI l~OL(’Ct

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Agency, 2200 Churchill Road,

Springfield, Illinois, 62706.

2. Respondent, Village of Biggsville, shall comply with all

other terms

of the Proposed Settlement submitted by the

parties,

which is incorporated by reference as if fully set forth herein.

IT IS SO ORDERED.

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I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify the above Opinion and Order were

adopted on the

C/1~

day of

~

,

1977 by a vote

of

~

Christan L. Moff

,

Clerk

Illinois Polluti ontrol Board

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