ILLINOIS POLLUTION CONTROL BOARD

December 18, 1975

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

)

PCB 75—373

CITY OF KEITHSBURG, a municipal  

)

corporation,

Respondent.

Ms. Dorothy J. Howell, Assistant Attorney General, appeared

on behalf of Complainant;

Mr. Gene McWorter appeared on behalf of Respondent.

OPINION 

AND

ORDER OF THE BOARD (by Mr. Goodman):

This matter comes before the Pollution Control Board

(Board) upon the September 26, 1975, Complaint of the En-

vironmental Protection Agency (Agency) charging the City of

Keithsburg (Keithsburg) with violating Section 501 of an Act

to Regulate the Operating of a Public Water Supply (PWS Act)

Ill. Rev. Stat., ch. 111-1/2 par 501, Rules 302 and 310 of

the Public Water Supply Regulations (PWS Regulations) and

Sections 18 and 19 of the Environmental Protection Act (Act). The

substance of the alleged violations is that from September

12, 1973, Respondent has operated a public water supply

without a certified operator and between March 11, 1974, and

July, 1975, Respondent has failed to submit monthly reports.

Keithsburg is a municipal corporation operating a

public water supply serving 836 people in Mercer County,

Illinois. In its answers to Complainant’s “Request for

Admission of Fact”, Keithsburg admits that it operates a

water supply system which includes two drift wells, an

elevated tank and a distribution system, all operated as a

single unit. Section 501(e) of PWS Act requires each public

water supply which utilizes chemical feeding, only, to have

in its employ at least one person certified as competent as

a Class C, Class B, or Class A water supply operator.

Keithsburg admits that the water is treated with fluoride

and silicate before being pumped to the elevated tank or

through the distribution system. Keithsburg also admits

that it has not had in its employ a certified water supply

operator since September 12, 1973.

The Board finds that since September 12, 1973, Keiths-

burg has violated Section 501 of PWS Act and since December

21, 1974, Keithsburg has violated Rule 302 of the PWS Regula-

tions and Section 18 of the Act.

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During the time period in question, Keithsburg has trained

three water supply operators (R48—5l) none of which were

certified. Keithsburg hired a person who held himself out

to be a Class “C” operator but it later became apparent that

he held a Class “D” certification (R.53—4).

Complainant’s Exhibits 2 through 5 show that the Agency

has not received operating reports since at least March 11,

1974. Indeed, testimony showed that sometime in 1973 was

the last time before October, 1975, that such a report was

received (R.44). Keithsburg’s Mayor stated thathe directed

the Water Superintendent to file the necessary reports

(R.52). The Board finds that Keithsburg has failed to file

monthly reports as required by Section 19 of the Act since

March 11, 1974, and Rule 310 of the PWS Rules since December

21, 1974..

Although Ex. 1 shows that the water quality of Keiths-

burg’s water supply is adequate for human consumption, the

Board submits that in order to ensure the potability of the

water, a Certified Public Water Supply Operator is required.

The purpose of the monthly reports is to ensure the continued

maintenance of the sanitary, and mineral quality of the

water. The cost of hiring such an operator is not excessive

(R. 13—19).

The Board finds that Keithsburg has acted in good faith

and has attempted to employ a certified operator. In con-

sideration thereof, the Board assesses the minimum penalty

of $100.00 required by Section 523 of the PWS Act.

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:

a) Respondent City of Keithsburg is found to have

violated Section 501 of the PWS Act since September 12,

1973, and Rule 302 of the PWS Regulations and Section 18 of

the Act since December 21, 1974; and

b) Respondent is found to have violated Section 19 of

the Act since March 11, 1974, and Rule 310 of the PWS Regu-

lations since December 21, 1974; and

c) For said violations, Respondent is ordered to pay a

penalty of $100.00, payment to be made within 35 days of the

date of this Order, by certified check or money order to:

513

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State of Illinois

Fiscal Services Division

Environmental Protection Agency

2200 Churchill Road

Springfield, Illinois 62706

and

d) Respondent shall cease and desist from said viola-

tions within two months of this Order.

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

Control Board, hereby certify the above Opin n and Order

were adopted on the 

______________

day of 

______________

1975 by a vote of 

4..~

Christan L. Moffett,f9~~k

Illinois Pollution Co~o1 Board

514