ILLINOIS POLLUTION COMTPOL BOARD
October
30,
1975
LA VERNE NROMEC,
et a?.,
Complainants,
v,
)
LAKELAND PARK WATER COMPANY,
and
LADD ENTERPRISES
-
DIVISION
of ROBINO-LADD COMPANY,
Respondent,
PCB 74-85 and
PCB 74—194
Consolidated
ENVIRONMENTAL PROTECTION AGENCY,
Complainant,
V.
LAKELAND PARK WATER COMPANY,
Respondent.
Mr. Sherwood
L,
Levin, attorney for La Verne Eromec,
et al.
Mr.
Stephen
Z. Weiss, attorney for the Environmental Protec-
tion Aqency.
Mr.
Joseph
S. Wright,
Jr., attorney for Lakeland Park Water
Company.
OPINION AND ORDER OF THE BOARD
(by Mr. Goodman):
These actions,
as consolidated,
come before the Board
upon complaint of La Verne Hromec
(Hromec)
and the Illinois
Environmental Protection Agency
(Agency) against Respondent
Lakeland
Park Water Company
(Lakeland).
The complaint in
PCL 74-85 was filed by Hromec on March
4,
1974, charging
Lakeland
with violation of Rule
204(b)
of the Water Pollution
Regulations
of Illinois
(Regulations)
and the requirements
of Public Health Service Drinking Water Standards--1972
(Health Standards)
by allowing its public water supply to
have
an iron content of
2 milligrams per liter
(mg/l), and
Rule 204(c)
of the Regulations and the requirements of the
Health Standards by allowing its public water supply to have
a coliform count of over
3 per 50 ml
of water sampled.
On May 24,
1974,
the Agency filed
a complaint alleging
that
Lakeland
violated Rule
3-13 of the Public Water Supply
System
Rules and Regulations of the Illinois Department of
~h1ic
health and Section
5,2
of the Public Health Service
Drinking
Water Standards of the U.S. Department of Health
—
123
—2—
Education and Welfare by failing to provide water containing
no more than 0.3
rag of iron per liter, and Section
18 of the
Environmental Protection Act
(Act)
by failing to direct or
maintain the continuous operation and maintenance of the
Public Water Supply facility so that the water shall be
assuredly safe in quality and of satisfactory mineral charac-
ter for the ordinary domestic consumption and providing
water which
is red,
brown, and rust colored and having an
odor.
On
June
4,
1974,
Complainant Hromec filed an amended
complaint alleging that Respondent Lakeland had violated
Section
15 of the Act by not obtaining
a permit from the
Illinois Department of Public Health for their public water
suoply;
Section
18 of the Act by distributing water at low
pressure so as to
fail
to be of adequate quantity from time
to time and distributing water through
a system not assuredly
safe
in quality,
clean and of satisfactdry mineral character
for ordinary domestic consumption.
In the amended complaint,
Hromec,
in addition, alleged the previous violations
as
alleged in the original complaint with sbme expansion on the
dates of violation.
The two enforcement cases were consoli-
dated on June 27,
1974, pursuant to a motion by the Agency.
Respondent
Lakeland has owned, operated and controlled
a
public
water supply system for furnishing water for general
drinking and domestic use to the residents of an area commonly
known as the Lakeland Park and Lakeland Shore Subdivisions
of
the
City of McHenry, McHenry County,
Illinois.
This
public water supply generally includes two wells,
an elevated
tank,
and a water distribution system.
On December 18,
1974,
the Pollution Control Board
received
a
Stipulation
and
Proposal
for
Settlement
which
was
admthted
into
evidence
at
the
September
6,
1974,
hearing
on
this
matter.
The
Board,
in
a
January
16,
1975,
Order,
rejected
the
stipulation
and
remanded
it
to
the
parties
for
further
action.
On
September
29,
1975,
a second Stipulation
and
Proposal
for
Settlement
was
received
by
the
Board
from
the
parties
herein.
This
second
stipulation
corrects
the
deficaencies
of
the
original
stipulation
and
is
accepted
by
the Board.
The Board
finds
that
the
stipulated facts do not support
the allegation of violation of Rule 204(h)
or 204(c)
of the
Regulations.
The Board has previously decided that Rule 204
applies only to those who discharge contaminants
to the
waters
of the State.
Since Lakeland is not charged with
such
discharge,
the complaint with respect to Rule 204 of
the
Regulations
is
hereby
d~smissed,
(Paige
Hall,
et
al
v.
Decatur,
PCB
74—33, August
i~75.
That
section
of
the
comelaint
alleging
violation
of
Section
15
of
the
Act
by
riot
obtaining
a
permit
from
the
19—
124
—3—
Illinois Department of Public Health approving plans
and
specifications
for
the water supply is likewise dismissed,
since Respondent produced properly issued permits
from
said
department.
The Board finds the stipulated facts support
the allegation of violation of Section 18 of the Act
wherein
Lakeland distributed water through the system at
such
low
pressure as to fail to be of adequate quantity from time
to
time,
and distributed water through its system not
assuredly
safe
in quality.
There was also evidence introduced
to
the
effect that Lakeland had been derelict in the
direction
of
the water supply facilities.
This evidence
was presented in
the stipulation in the form of stipulated citizen
testimony,
expert testimony and report records from the
Agency.
The terms of the settlement include the following
conditions
to be met by November
1,
1975:
1,
The addition of iron-sequestering chemicals
to the
system in a manner and amount acceptable to the
Agency.
2,
Maintenance of a minimum and adequate
chlorine
residual throughout the distribution system.
3.
Maintenance of constant water pressure of
20 pounds
per square inch at all times throughout the system.
4.
Maintenance of satisfactory operating records which
will include, but are not limited to, water pumpaqe, the
quantity and concentration at the plant and random points in
the distribution system of chemicals being introduced
into
the system,
the water pressure at random points
in the
system,
the date and location of water line breaks and
leaks,
and complaints made
to Respondent about the iron and
chlorine concentrations,
pressure and outages of water,
including the date of the complaint, the substance of the
complaint and who made the complaint.
5.
Replacement of broken and inadequate water pipes
as
such replacement becomes necessary to maintain the water
quality, quantity and pressure at all times according
to the
rules and regulations governing public water supplies.
6.
Forwarding copies of operating records to the
Agency on a monthly basis which point to line breaks
or
leaks,
or complaints about the water distributed.
On or before October
1,
1975,
Lakeland shall complete
the installation of hydrants or looping of dead ends,
as
determined by sound engineering practices,
in the water
distribution system to further alleviate citizen complaints
about water and to make the iron—sequestration
more effective.
On or before November
15,
1975,
a questionnaire will be
sent out by the Agency
to
the citizens served with the
water
19
—
125
—4—
by Respondent asking for comments about the water
concerning
its color,
odor
and
pressure.
On or before December
15,
1975,
the Agency will decide
whether the water from Respondent is acceptable according
to
the Rules and Regulations
in effect at that time setting
forth standards for Public Water Supplies.
If the water
is
found acceptable to the Agency,
then
Respondent
need
only
continue to furnish water of a quality which meets the
standards set forth in the Public Water Supply Rules
and
Regulations in effect at that
time.
If the water
is found unacceptable to the Agency,
then,
within
30 days after being notified to that effect by the
Agency,
Respondent shall notify the Agency,
in
writing,
as
to which alternative,
as set forth below,
it will follow.
The alternatives may be chosen only from among the
following:
I.
On or before November
1,
1976,
have in operation a
well,
which will be the
only
source
of
water
for Respondent~s
water supply system, producing water after treatment with
an
iron concentration of
no more than 0.3 mg/I or then existing
Agency standards.
2.
On or before November
1,
1976,
obtain water from
the City of McHenry,
if acceptable
to the City, which will
be the only source of water
from Respondent~s
water supply
system and which will contain an iron concentration of
no
more than 0,3 mg/l.
3.
On or before November
1,
1976,
have iron removal
equipment in operation at its present treatment facility
with an output of water having an iron concentration
of no
more than 0.3 mg/I and said output of water being the
only
source of water for Respondent~swater supply system.
The stipulation further states that on or before
January
1,
1976,
the Respondent shall execute
a non—surety bond guaran-
teeing performance with t~eamount,
equal to the cost of
the
project based upon competitive bids,
that is
necessary to
assure completion of the above—chosen alternative.
The time for performance of any term of the settlement
may be extended by the Board pursuant
to application by
Lakeland for a variance in accordance with provisions
of
the
Act~
Lakeland,
in addition,
agrees to remit the stipulated
penalty of $3,000 to the State of Illinois,
30 days after
approval of the stipulation by the Board and agrees that it
Will not in any way use the amount of
such penalty as the
basis of a request
to
the .11linois Commerce
Commission for
permission to increase its rates.
The settlement in
no way
provides or exempts Lakeland from other olligations it
may
incur as a result of the future operations
of its water
supply.
19—126
—5—
The Board notes that the operation of Lakeland
has been
assumed by
a new company with
whora
this
stipulation has been
agreed and who
has already started
comp1~ance.
The Board
finds the
stipulation,
compliance plan,
and penalty
to be
a
suitable resolution of the issues herein.
This Opinion
constitutes
the findings of
fact and
conclusions of
law of the Board
in this matter.
ORDER
It
is the Order
of the Pollution Control Board that:
2,
Respondent
Lakeland
Park
Water
Company
has
violated
Section
18 of the
Environmental Protection Act as found in
the Opinion herein;
and
2.
Respondent Lakeland Park Water Company shall perform
according to
the
guidelines
set forth in today~sOpinion and
the
stipulation
filed with the Board on September 29,
1975,
which si:ipulation
is
hereby incorporated by reference as
if
more
fully
set forth herein; and
3.
Respondent
Lakeland
Park
Water Company shall pay a
penalty of $3000.00,
payment to be made within 30 days of
the date of this
Order, by certified check or money order
to
State of Illinois
Fiscal Services Division
Environmental
Protection
Agency
2200 Churchill Road
Springfield,
Illinois
62706
2,
Christan L. Moffeut, Clerk of the Illinois Pollution
Control Board,
hereby certify the above Opiniop apd
Order
were
adopted
on
the
~
day of
r~i
1975
by
a
vote
of
4..~
Christan
L.
Moffet~
erk
Illinois Pollution
trol Board
19
—
127