ILLINOIS POLLUTION CONTROL BOARD

April

22,

1976

ENVIRONMENTAL

PROTECTION

AGENCY,

Complainant,

v.

PCB 75—374

VILLAGE

OF

GERMAN

VALLEY,

Respondent.

Ms

.

Dorothy

J.

Howell

,

Attorney

for

Complainant

Mr.

i~. Stanley

Rodkcy,

Attorney

~or

Resoondent

OPINION

AND

ORDER

OF

TIlE BOARI)

(by Mr

.

Young)

This

matter

comes

before

the

i3oard

on

a

Complaint

filed

by

the Environmental Protection Agency

(Agency) on September

26,

1975, alleginq that the Viliaqe of German Valley 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.

111

1/’2,

par.

501—523) (Certification Statute)

,

in

violation of Rule

302 of the Boardts

Public Water Supply Rules

and Regulations

(Regulations),

and in further violation of

Section

18 of the Environmental Protection Act

(Act)

.

Hearing

was

held

in

Freeport

on

November

20,

1975.

The

Village,

with

a population of approximately 250

persons,

owns and operates

a public water supply system which

includes one drilled well,

an elevated

storage

tank

and

distri-

bution

system.

Water

from

the

well

is

chlorinated

before

being

pumped

into

the

storage

tank

and

distribution

system.

Section

1

of

the

Certification

Statute

requires

the

employ-

ment

of

a

person

certified

as

competent

as

a

Class

C,

Class

13,

or

Class

A

operator

by

any

public water supply conducting

chemical

treatment

only.

Rule

302

of

the

Water

Supply

Regula-

tions

requires

that

the

provisions

of

Section

1

of

the

Certifi-

cation Statute are to be met.

A

Request

for

Admission

of

Fact

served

on

the

Village

and

its

Answer

thereto

establishes

that

the

Village

operated

its

public

water

supply

without

a

properly

certified operator from

September

12,

1973

through

September

12,

1975,

On

the

basis

---

—2—

of this admission, we find that the Village did violate

Section

1 of the Certification Statute for this period,

and in further violation of Rule

302 of the Regulations

and Section 18 of the Act from December

21,

1974 through

September 12,

1975.

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 determined by the Board

to exist.

The Board will assess a penalty of $100.00 for this viola-

tion.

At the hearing it was established that the Village

had in its employ an operator holding

a Class C certificate

of competence prior to the date of filing of the Complaint

in this matter;

for this reason the penalty will be sus-

pended.

ORDER

Respondent,

Village of German Valley,

is

found to have

operated its public water supply in violation of Section

1

of the Certification Statute, and in further violation of

Rule

302 of the Water Supply Regulations and Section 18 of

the Act for which

a penalty of $100.00 is assessed.

The

Board suspends the assessed penalty.

IT

IS SO ORDERED.

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

Control Board, hereby cer~fy the above Opinion and Order

were adopted on the

________

day of

,

1976

by

a vote of

____________

Q~stanL.offe~?~

Illinois Pollution

rol Board