ILLINOIS POLLUTION CONTROL BOARD

January

22,

1976

PEOPLE OF THE

STATE

OF ILLINOIS,

)

Complainant,

)

v.

)

PCB 75—116

CITIZENS UTILITIES COMPANY OF

ILLINOIS,

an Illinois Corporation,

Respondent.

Mr.

James K.

Jencks, Assistant Attorney General, appeared on behalf

of Complainant.

Mr. Daniel

J.

Kucera, Chapman

& Cutler, 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 March 13,

1975, Complaint filed by the People of the State

of Illinois

(State)

against Citizens Utilities Company of Illinois

(Citizens) charging a continuing violation of Section 18 of the

Environmental Protection Act

(Act)

from July 1,

1970, to the filing

of the Complaint.

In particular,

the Respondent was charged with

failing to direct and maintain its public water facilities

so that

water is safe

in quality, clean,

adequate in quantity and of

satisfactory mineral character for ordinary domestic consumption

in that the water supplied contained offensive odor,

oil,

a residue,

is discolored and unpalatable due to the presence of iron ~r~dhas

been without adequate pressure.

On October 20,

1975,

a hearing was held at which time a

“Settlement Stipulation” was filed with the Board.

On January

13,

1976,

pursuant to the Board’s December 4,

1975 Interim Opinion and

Order,

the parties submitted to the Board an Amended Settlement Stipu-

lation.

The Amended Stipulation is submitted purely for settlement

purposes,

to avoid continued litigation.

Both parties agree that

it

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does not form the basis for the finding of

a violation on the part of

Citizens.

The parties have agreed to a Program which involves

monitoring and maintaining Citizens’ water supply and ~distribution

system, maintaining records thereof, and permitting authc’r~zed

representatives of the Agency reasonable inspection of st~chrecords.

Furthermore, Citizens has agreed to pay $1000.00 to the State of

Illinois in consideration of settlement of this matter.

The Board finds the Amended Settlement Stipulation

tc.

ent with its December

4,

1975,

Interim Opinion and Order ~

~e an

acceptable means of settling this matter.

E~asec~upon i1~ ~

stipulated to by the parties,

the Board agrees

to forego

~~tr~in~

tion of whether a violation has occurred,

to accept

p~ym~t. nf

$1000.00

by

Citizens

to

the

State

of

Illinois

in

considerzt.ior

cf

settlement

of

this

matter,

and

to

accept

the Program of gener~i1r~aThte-

nance

agreed

to

by

the

parties

as

an

adequate

plan

of

compiia~e~

Tn

so

doing,

the

Board

does

not

accept

nor

will

it

be

bound

by

~ny

cor~-

clusions

of

law

that

might

be

contained

in

Citizen’s

Anen~t~~ttie-

ment

Stipulation.

Based

upon

the

settlement

of

this

c~us’-~

wi..thc’it

finding

a violation, the Complaint is dismissed with prejudice.

This represents 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:

1.

In consideration of settlement of this matter, Citizens

Utilities Co. of Illinois shall pay within 30 days the

sum

of $1000.00.

Payment shall be made by certified

check or money order to:

State of Illinois

Fiscal Services Division

Environmental Protection Agency

2200 Churchill Road

Springfield, Illinois 62706

2.

Citizens Utilities Co.

of Illinois shall comply

with

all

the terms of the Program agreed to by the parties in the

Amended

Settlement

Stipulation

(pp.6-9), which is hereby

incorporated by reference herein.

3.

The Complaint filed in this matter is dismissed with

prejudice.

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Within

30 days of the adoption of this Order,

the Respondent

shall

execute

and

forward

to

both

the

Illinois

Environmental

Protection

Agency,

2200

Churchill

Road,

Springfield,

Illinois

62706

and

the

Pollution

Control

Board

a

Certification

of

Acceptance

and

agreement

to

be

bound

to

all

terms

and

conditions

of

this

Opinion

and

Order.

The

form

of

said

certification

shall

be

as

follows:

CERTIFICATION

I

(We)

,

__________________________ having read and fully

understanding the Order of the Illinois Pollution Control

Board

in PCB 75-116 hereby accept said Order and agree

to be bound

by all of the terms and conditions thereof.

Signed _______________________

Title ________________________

Date __________________________

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

m~’~

day of

~

1976

by a vote of

~

.

Christari L. Moffett

erk

Illinois Pollution

trol Board

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