ILLINOIS POLLUTION CONTROL BOARD

April 22~ 1976

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

PCB 76-11

CITY OF ATHENS, a municipal

corporation,

Respondent.

Mr. Steven Watts, Assistant Attorney General, Attorney for

Cornpl a i nan t

Mr. Sam Blame, Attorney for Respondent

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

This matter comes before the Board on the Complaint

filed on January 12, 1976 by the Environmental Protection

Agency (Agency) charging that the City of Athens operated

its public water supply from September 12, 1973 until

January 12, 1976 without having in its employ a properly

certified water supply operator in violation of Section 1

of An Act to Regulate the Operating of a Public Water

Supply (Certification Statute), and from December 21, 1974

in violation of Rule 302 of Chapter 6: Public Water Supply

Rules and Regulations and Section 18 of the Environmental

Protection Act.

The City of Athens, located in Menard County with a

population of approximately 1200 people, owns and operates

a public water supply system which includes two drilled

wells, a reaction basin, a 60,000 gallon elevated storage

tank and a distribution system. Water from the wells are

aerated, chlorinated, filtered and fluoridated before being

discharged into the distribution system.

Section 1(b) of the Certification Statute requires any

public water supply system utilizing aeration and filtration

to have in its employ at least one person certified as corn-

petent as a Class B or Class A water supply operator. Rule

302 requires that all provisions of the Certification Statute

are to be complied with.

21 —253

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At the hearing held on March 11, 1976 Complainant’s

Request for Admissions and Respondent’s Answer thereto

were admitted into the record. This evidence establishes

that Respondent operated its supply in violation of the

referenced statutes and regulations from June 17, 1975

until January 12, 1976. Neither this evidence nor any

other evidence adduced at the hearing, however, relates

to the period from September 12, 1973 until June 17, 1975,

a time period accounting for the majority of time in which

the supply was allegedly operated without an operator.

The Mayor of Athens, Alfred Mason, testified regarding

the difficulty Athens encountered in its attempts to employ

a properly certified operator. Athens’ present water and

sewer superintendent plans to take the Class B certification

examination but three years of experience in water supply

operation is a prerequisite for taking the examination. A

retired resident of Athens whose certification license had

expired provided assistance whenever requested to do so by

the City. This resident has once again renewed his license

and plans to provide assistance in the future if requested

to do so by the water superintendent. The Mayor testified

concerning conversations with Agency personnel, and that

it was his understanding that the above arrangement was

satisfactory to the Agency. This testimony was unrebutted

by the Agency.

In response to this action, Athens has hired a properly

certified water supply operator living in a nearby town to

supervise the operation of its water supply system.

Section 23 of the Certification Statute requires the

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

$1,000.00 for each violation of Section 1 determined by the

Board to exist. A penalty of $100.00 is assessed for these

violations. In view of the relatively short duration of

the violations proven and since there is serious question

whether Athens was justified in reliance on the belief

that their method of operation was acceptable to the Agency,

the penalty will be suspended.

This Opinion constitutes the Board’s findings of fact

and conclusions of law in this matter.

ORDER

Respondent, City of Athens, 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

21

—~

254

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of the Water Supply Regulations and Section 18 of the Act.

The Board assesses a penalty of $100.00 for the violation

of the Certification Statute which shall be suspended.

IT IS SO ORDERED.

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

Control Board, hereby cer~fy the above Opin n and Order

were adopted o the

c3.q~

day of

,

1976

by a vote of

.p

Christan L. Mo fett erk

Illinois Pollution trol Board