ILLINOIS POLLUTION CONTROL BOARD

March 25, 1976

ENVIRONMENTAL PROTECTION AGENCY,

)

)

Complainant,

v.

)

PCB

75—448

VILLAGE OF SIBLEY,

)

Respondent.

Mr. N. Barry Forman, Assistant Attorney General, appeared

for complainant.

Mr. David A. Youck appeared for respondent.

OPINION AND ORDER OF THE BOARD (by Dr. Satchell):

This case comes before the Board upon a complaint

filed by the Illinois Environmental Protection Agency

(Agency) on November 21, 1975 against the Village of

Sibley (Respondent) in Ford County, Illinois. The alleged

violations are operating a public water supply without a

class “A”, “B”, or “C” operator in violation of Section 1

of “an Act to Regulate the Operating of a Public Water

Supply,” Ill. Rev. Stat. Ch. 111 1/2, §501 (1973) and

Rule 302 of the Board’s Rules and Regulations Ch. 6,

Public Water Supply and failing to submit monthly operating

reports since March, 1974 in violation of Section 19 of

the Environmental Protection Act and Rule 310 of the

Pollution Control Board’s Chapter 6: Public Water Supply

Regulations. The Agency filed a Request for Admission of

Facts and Genuineness of Documents on December 12, 1975.

Respondents failed to respond to the request for admissions.

Their failure to respond deems the matters of fact and

genuineness of documents as admitted pursuant to Procedural

Rule 314.

Sibley and the Agency have submitted an agreement of

stipulated facts (R.lO). The agreed facts are as follows.

Sibley owns and operates a public water supply facility

serving approximately 370 people in the village. The

system consists of one drilled well, a ground storage

tank, and a distribution system. The water is fluoridated

prior to being pumped into storage and thence into the

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distribution system. It therefore requires the services

of a class “A”, “B”, or “C” water supply operator in

accordance with Ill. Rev. Stat. Ch. 111 1/2, §501 (1973)

and Rule 302 of the Board’s Rules and Regulations, Ch. 6:

Public Water Supply.

Sibley has failed to have at least one person certified

as competent as a water supply operator on its operational

staff in accordance with the aforementioned regulations, on

a continuing basis since September 12, 1973 the effective

date of the amendatory legislation which among other things

made an Act to Regulate the Operating of a Public Water

Supply enforceable before the Board. The Village of

Sibley was notified of their failure to have a properly

certified operator in a letter dated October 24, 1973 (R.14).

Correspondence concerning the lack of a certified operator

and explaining the means of obtaining one was also sent to

Respondent on November 7, 1973 and March 14, 1975 (R.15).

Respondent has also failed to submit monthly operational

reports as provided in Rule 310 of the Public Water Supply

Regulations since March 1974 to November 1975. A request

for monthly reports was sent on October 24, 1973. Notice

of the continuous violations was sent on March 15, 1975.

An Agency Notice of Violation for the above violations was

also sent June 24, 1975.

Following the Notice of Violation, a well driller who

services the Sibley water supply, Mr. Roy Taylor took the

certification examination in July. However certification

was not made at that time. Mr. Taylor retook the exam and

passed in November 1975 and was officially certified in

December 1975. With Mr. Taylor certified, Respondent has

come into compliance of the regulation requiring a certified

operator (R.l6). Mr. Taylor now has an adequate supply of

the proper forms and has indicated the forms will be filled

out regularly (R.l6).

There are no health hazards directly attributable to

the violations alleged (R.l6) and no allegations of negli-

gence in operation (R.ll). There were no citizen complaints

concerning the violations (R.l7).

Citizen testimony at the hearing by Fred W. Meyer,

President of the Village Board, Leola K. Henry, Village

Clerk, and Robert C. Rohrer, a Trustee on the Village Board

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was given for consideration in mitigation of any penalty

to be assessed. Mr. Meyer, the Village Board President,

looks “after the pump and stuff in the pump house.” (R.l8).

In 1971 Mr. Meyer had a C-2 certification under the previous

agency. This meant he had applied to take the exam, however

Mr. Meyer has never taken the exam. Mr. Meyer remembered

getting some letters from the Agency (R.l9). Mr. Meyer did

not remember receiving any of the first three specific

notices of the need for an operation (R.30,31). He did

remember the last one on June 24, 1975 when “we found out

we didn’t have a certified man.” (R.32).

The Village Clerk, Leola K. Henry, testified concerning

the hiring of Roy Taylor to operate Sibley’s water supply.

Mr. Taylor had serviced the Sibly water supply prior to

his certification. It was assumed Mr. Taylor was certified

because he worked with water in his business (R.36). Mrs.

Henry also stated that prior to or at the January 5, 1976

meeting the Village Board had ordered a chlorinator, a

master meter for the pump house and a fluoridation kit

(Respondent’s Ex. 3).

Mr. Robert C. Rohrer, a Trustee on the Sibley Village

Board, testified that they had hired Mr. Taylor to operate

the water supply and file the proper reports. Mr. Taylor

had worked for Sibley since mid-1974. Although no one

actually asked him if he was certified it was assumed he

was because he was looking after the water in several

towns (R.50)., Mr. Rohrer also indicated there was some

confusion as to what forms were to be sent where (R.48,49).

The Agency made no recommendation regarding penalty

and pointed out in mitigation for the Village of Sibley

that no pollution or detriment to citizens’ health was

alleged in the complaint (R.55).

In accordance with “An Act to Regulate the Operating

of a Public Water Supply,” Ill. Rev. Stat. Ch. 111 1/2,

§523 (1973) the Board must assess a minimum fine of $100

for operating without a certified operator. In light of

the small size of the Village of Sibley, approximately 370

people, and the fact that once full realization of the need

to comply with the regulations was made, the Village did

take steps to comply, a large penalty would be unwarranted.

Therefore the Board finds that the Village of Sibley was

in violation of Rule 302 of the Pollution Control Board’s

Rules and Regulations Ch. 6: Public Water Supply, Ill. Rev.

Stat. Ch. 111 1/2, §501 (1973) and Rule 310 of the Board’s

Regulations Ch. 6: Public Water Supply and Section 19 of the

Environmental Protection Act, Ill. Rev. Stat. Ch. 111 1/2

§1019 (1973). The stipulated facts are acceptable to the

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Board. A penalty of $100 is payable within 45 days of

this order.

This constitutes the findings of fact and conclusions

of law by the Board.

ORDER

It is the order of the Pollution Control Board that:

1. The Village of Sibley was in violation of Rule 302,

Pollution Control Board’s Rules and Regulations Ch. 6:

Public Water Supply, Ill. Rev. Stat. Ch. 111 1/2, §501

(1973) and Rule 310 of the Board’s Regulations Ch. 6:

Public Water Supply and Section 19 of the Act, Ill. Rev.

Stat. Ch. ill 1/2 §1019.

2. Respondent, Village of Sibley, shall pay a penalty of

$100 for the determined violations. Payment shall be

by certified check or money order made payable to the

State of Illinois, Fiscal Services Division, 2200

Churchill Road, Springfield, Illinois 62706. Payment

shall be within 45 days of the adoption of this Order.

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

Control Board, hereby certify the above Opi ion and Order

were adopt~don the

_________

day of

__________,

1976 by a

vote of ~-O

Illinois Polluti

Board