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

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