ILLINOIS POLLUTION CONTROL BOARD
March 11, 1976
ENVIRONMENTAL PROTECTION AGENCY,
)
Complainant,
v.
)
PCB 75—493
BEASON-CHESTNUT PUBLIC WATER
SUPPLY DISTRICT,
)
Respondent.
Mr. John Van Vranken, Assistant Attorney General, Attorney
for Complainant
Mr. Thomas M, Harris, Attorney for Respondent
OPINION AND ORDER OF THE BOARD (by Mr. Young):
This case arises out of a Complaint filed by the Environ—
mental Protection Agency (Agency) on December 19, 1975, alleging
various violations by the Beason-Chestnut Public Water Supply
District (Beason-Chestnut), an Illinois municipal corporation,
in the operation of its public water supply. The Complaint
was amended instanter at the hearing on motion of the Agency
with no objection by the Respondent. Hearing was held on
February 13, 1976 in Chestnut, Illinois at which time a
Stipulation of Parties and Proposed Settlement was filed with
the Board. Wilbur G. Colburn, Chairman of Beason-Chestnut,
testified that the District had 175 users and that the number
of users had remained constant since organized (R. PS).
Beason-Chestnut owns and operates a public water supply
serving approximately 175 users in the Villages of Beason and
Chestnut in Logan County, Illinois. The system includes one
drilled well, two pressure storage tanks, and a distribution
system. Water from the well is treated with chlorine, potassium
permanganate and fluoride; softened; filtered; and discharged
to the distribution system.
The Complaint alleqed that l3eason—Chestnut operated its
public water supply, from September 12, 1973 until the date of
filinq of
the
Complaint, without. havinq in its employ a properly
certified
water supply operator ~n v~o:~tion of Section 1(b)
of the Operation of a PubLic Wat~’r Supulv 7\ct (Ill.
Rev. Stat.
1973, Ch ill
/)
pa
5
tati
—2—
Section 1(b) requires:
“Each public water supply which includes
filtration, aeration and filtration, or
ion exchanqe equipment as a part of its
primary treatment shall have in its employ
at least one natural person certified as
competent as a Class B or Class A water
supply operator.”
Beason-Chestnut admits that it has operated its public
water supply from September 12, 1973 to December 19, 1975,
without having in its employ a Class B or Class A operator
as required by the Certification Statute (Stip. p3).
The Complaint further alleged that Beason-Chestnut operated
its public water supply without a properly certified operator
from December 21, 1974 to December 19, 1975, in violation of
Rule 302 of the Board’s Public Water Supply Regulations (Chap-
ter 6) and Section 18 of the Act. Rule 302 provides that all
provisions of the Certification Statute shall be met. A vio-
lation of Section 18 of the Act is established by proof of
violation of Rule 302 (EPA v. Pow Wow Club, Inc., 13 PCB 113
(1974) at 117).
Beason-Chestnut admits that it has operated its public
water supply during the period in question without a properly
certified operator (Stip. p3).
The parties agree that Beason—Chestnut pay $250.00 as
penalty for the violations and Respondent agrees to employ
a properly certified water supply operator within 35 days of
the entry of the Board Order in this matter.
The Stipulation of Parties and Proposed Settlement sub-
mitted by the parties is found to be adequate under Rule 333
of our Procedural Rules (EPA v. City of Marion, 1 PCB 591).
On the basis of the foregoing, the Stipulation and the
hearing transcript, which constitute the entire record in
this case, we find that Beason—Chestnut violated Section 1(b)
of the Certification Statute from September 12, 1973 to
December 19, 1975 and violated Rule 302 of Chapter 6 and
Section 18 of the Act from December 21, 1974 to December 19,
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(b) of the
Certification Statute found by the Board. In this case we
assess a penalty of $250.00 for the violations found.
20—276
—3—
This Opinion constitutes the Board~s findings of fact
and conclusions of law in this matter.
ORDER
1. Respondent, Beason—Chestnut Public Water Supply Dis-
trict, is found to have operated its public water supply in
violation of Section 1(b) of paragraph 501 of the Operation
of a Public Water Supply Act, Rule 302 of the Public Water
Supply Regulations of the Board, and Section 18 of the Environ-
mental Protection Act and shall pay a penalty of $250.00 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.
2. Respondent, Beason-Chestnut Public Water Supply Dis-
trict, shall employ, within 35 days of the date of this Order,
a water supply operator holding a current Class A or Class B
certificate of competence issued by the Illinois Environmental
Protection Agency, Division of Public Water Supply.
IT IS SO ORDERED.
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify the above Opinion and Order were
adopted on the
f1~t’
day of
_____________________,
1976
by a vote of
__________
Christan L. Moff4 Clerk
Illinois Pollution ontrol Board
20—277