ILLINOIS POLLUTION CONTROL BOARD
    July
    8,
    1976
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Complainant,
    v.
    )
    PCB 76—36
    VILLAGE OF CALUMET PARK,
    )
    a municipal corporation,
    Respondent.
    Mr. Richard W. Cosby, Assistant Attorney General, Attorney
    for Complainant
    Mr. Harold Richter, Maragos, Richter, Berman, Russell
    & White,
    Attorney for Respondent
    OPINION AND ORDER OF THE BOARD
    (by Mr. Young):
    This matter comes before the Board on the Complaint filed
    February
    6,
    1976, by the Environmental Protection Agency
    charging that the Village of Caluxnet Park owned and operated its
    public water supply system since 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.
    1973,
    Ch.
    111 1/2, par.
    501—523)
    (Certification Statute)
    and since December 21,
    1974,
    in further
    violation of Rule 302 of the Board’s Public Water Supply Rules
    and Regulations
    (Regulations)
    and Section 18 of the Environmental
    Protection Act
    (Act).
    Respondent filed an Answer to the Complaint
    on March 8,
    1976 admitting the allegations contained in the
    Complaint but alleging as an
    affirmative defense
    that the Village
    has attempted to obtain the services of a public water supply
    operator and that its present Public Works Commissioner, Lawrence
    Petta,
    is taking the course to qualify as
    a certified operator.
    Hearing was held in this matter on April
    9,
    1976,
    in Chicago.
    The Village of Calumet Park, with
    a population of approxi-
    mately 10,000 persons, owns and operates
    a public water supply
    system consisting solely of a distribution system.
    The Village
    receives its water under pressure from the City of Chicago and
    has neither additional storage nor booster pumps.
    Section
    1 of the Certification Statute requires the employ-
    ment of a person certified
    as competent as
    a Class D, Class C,
    Class B,
    or Class A operator by any public water supply which
    23
    —27
    —2—
    facilities are limited to pumpage,
    storage or distribution.
    Rule 302 of the Water Supply Regulations requires that the
    provisions of Section
    1 of the Certification Statute are to
    be met.
    Section 18 of the Act requires that public water
    supplies are to be operated and maintained so that the water
    is assuredly safe in quality, clean, adequate in quantity,
    and of satisfactory mineral character for ordinary domestic
    consumption.
    At the hearing in this matter the Village failed to present
    any evidence supporting the allegations of its affirmative de-
    fense.
    Mr.
    Richter did state, however, that the Village presently
    has in its employ a certified water supply operator.
    The greater part of the hearing in this matter dealt with
    the underlying policies and reasons for the certification require-
    ments.
    The Village contended that as long as the supply is being
    operated in accordance with good operating procedures,
    no certi-
    fied operator should be required.
    Our legislature has declared
    otherwise, and the policy reasons favoring the licensing of various
    activities which affect the public safety,
    health and welfare are
    a generally accepted fact in today’s society.
    On the basis of the pleadings and the hearing in this matter,
    the Board finds that the Village did operate its public water
    supply in violation of Section
    1 of the Certification Statute and
    Rule 302 of the Water Supply Regulations and Section 18 of the Act.
    Section 23 of the Certification Statute requires the impo-
    sition of a penalty not less than $100.00 nor more than $1,000.00
    for each violation of Section
    1 found by the Board.
    A penalty
    of $100.00 is assessed for these violations.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    Respondent, Village of Calumet Park,
    is found to have operated
    its public water supply in violation of Section
    1 of the Certifi-
    cation Statute,
    and in further violation of Rule 302 of the Water
    Supply Regulations and Section 18 of the Act, and shall pay
    a
    penalty of $100.00 for such violations.
    Penalty payment by certi-
    fied check or money order payable to the State of Illinois shall
    be made within
    35 days of the date of this Order to:
    Fiscal
    Services Divisic5n,
    Illinois Environmental Protection Agency,
    2200
    Churchill Road, Springfield, Illinois,
    62706.
    IT IS SO ORDERED.
    23 —28
    —3—
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, her~bycertify the a a e Opinion and Order were
    adopted on the
    ________
    day of
    ___________________,
    1976 by a
    vote of
    ~
    Christan
    L. Moffett
    Illinois Pollution ~
    Board
    23
    —29

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