ILLINOIS POLLUTION CONTROL BOARD
    June
    18,
    1976
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Complainant,
    v.
    )
    PCB 75—491
    VILLAGE OF SAYBROOK,
    a municipal corporation,
    )
    Respondent.
    Ms. Mary C. Schlott, Assistant Attorney General, Appeared for
    Comp1ainant
    Hon. Jerome
    K. Nord, Mayor of Saybrook, Appeared for Respondent
    OPINION AND ORDER OF THE BOARD
    (by Mr. Young):
    This matter comes before the Board on a Complaint filed
    by
    the Agency on December 19,
    1975, charging that the Village of
    Saybrook operated its public water supply 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.
    lii 1/2,
    par.
    501—523) (Certification Statute),
    in violation of Rule 302 of the Board’s Public Water Supply Rules
    and Regulations
    (Regulations), and in further violation of Section
    18 of the Environmental Protection Act
    (Act).
    Hearing was held
    in Bloomington on April
    19,
    1976 at which time a Stipulation and
    Proposal for Settlement was filed with the Board.
    The Village, with a population of approximately 814 persons,
    owns and operates a public water supply system which includes
    two drilled wells, an elevated storage tank, and a distribution
    system.
    Water from the wells is fluoridated before being pumped
    into the distribution system.
    Section
    1 of the Certification Statute requires the employ-
    ment of a person certified as competent as a Class C, Class B,
    or Class A operator by any public water supply conducting chemical
    treatment only.
    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.
    22—149
    —2—
    The Agency informed the Village of the need for a properly
    certified operator in letters
    to the Village mailed on August
    3,
    1973 and March
    4,
    1975.
    Mayor Nord responded on April 21,
    1975
    to an April
    9,
    1975 Agency Notice of Violation stating that
    the
    water supply operator, Mr. Leon Tammen, planned to take the May
    examination.
    In response to this information, the Agency set a
    compliance date of June
    15,
    1975 and informed the Village that
    it
    must hire a properly certified operator in the eventuality
    that Mr.
    Tarnmen did not pass the May examination.
    Mr.
    Tarnmen
    did not pass the May examination and the Complaint was filed on
    December
    19,
    1975.
    Both Mr.
    Tarnmen and Mayor Nord took the
    February
    2, 1976 exam,
    and although Mayor Nord passed the exam,
    Mr. Tammen was again unsuccessful.
    On February 4,
    1976, the
    Village hired an operator holding a Class A certificate of com-
    petence.
    The Village admits operating its public water supply from
    September 12,
    1973 until December 19, 1975 in violation of Section
    1
    of the Certification Statute and from December 20,
    1974 until
    December
    19, 1975
    in further violation of Rule 302 and Section
    18 of the Act.
    For these admitted violations the Village has
    agreed to pay a penalty of $100.00.
    On the basis of the foregoing and the Stipulation, which
    constitutes the entire record in this case, we
    find
    that the
    Village did violate Section
    1 of the Certification Statute,
    Rule 302 of the Regulations and Section 18 of the Act.
    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 of the Certification Statute found by the
    Board.
    The Board will assess $100.00 as penalty for these viola-
    tions.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    Respondent, Village of Saybrook,
    is found to have operated
    its public water supply in violation of Section
    1 of the Certifi-
    cation Statute,
    Rule 302 of the Board’s Water Supply Regulations
    and in further violation of Section 18 of the Act and shall pay
    a penalty of $100.00 for such violations.
    Penalty payment by
    certified 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 Division, Illinois Environmental Protection Agency, 2200
    Churchill Road, Springfield, Illinois,
    62706.
    IT IS SO ORDERED.
    22— 150
    —3—
    I, Christan L.
    Moffett, Clerk of the Illinois Pollution
    nd Order were
    Control Board, here~ycertify th
    adopted on the
    /~‘
    ‘~
    day of
    1976 by a
    vote of
    ~‘-~
    Illinois Pollution
    :rol Board
    22—151

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