ILLINOIS POLLUTION CONTROL BOARD
July 12,
1973
)
ENVIRONMENTAL PROTECTION AGENCY
)
)
)
v.
)
PCB 72-509
)
)
McHENRY
SHORES
WATER
COMPANY;
)
JOHN H.
FUHLER
and
NORTHERN
ILLINOIS
)
UTILITIES,
INC.
)
)
)
OPINION
AND
ORDER
OF
THE
BOARD
(by
Mr.
Dumelle)
This
is
an
enforcement
action
involving
alleged
violations
of
Section
18
of
the
Environmental
Protection
Act
and
also
Rules
3.13,
3.30
and
5.28
oF
the
Public
Water
Supply
Systems
Rules
and
Regula-
tions
in the operation of a public drinking water supply facility
in the Village of ~vtcIIenry
Shores.
Hearings were held
on March
23
and
May
5
,
19 73.
In PCB 72-137
the Board granted a variance to McHenry Shores
Water
Company
from the same
Rules alleged to be violated here.
The
$3,000 penalty levied
in that
case was not paid and is not collectable
at the present
time because
of the Appellate Court decision in the
Citizen Utilities Company case.
The record in the instant
case clearly points out that the
iolations have not been corrected and that the deplorable condition
still
exists. The Agency introduced evidence that approximately fifty
rer cent of the persons
living in McHenry Shores still have strong
complaints
concerning the color and odor of the water and the
staining of clothes washed
in that water
(Tr.
179-183).
Rule
3.13
which
adopts
the United States Public Health Service Standards of
0.3 mg/l
For iron
is
still
being violated.
It was admitted by the
defendant
(Tr.
64)
and
also proved by Agency tests
(Agency Ex.
5 thru
12)
.
Samples
taken
as
late as March,
1973 show iron concentrations
at
levels
of
0.4,
0.7,
0.2,
1.0, and 1.5 mg/l,
Rule
3.30
provides
by
reference that
the
gross volume for
hydropneumatic
storage
tanks
is
to
be
35
gallons
per
capita.
Accordinr
to
the
figures,
the
current
storage
capacity
should
be
28,000
g~t1ions
hut
in fact
it
is only
13,000
to 17,000
(Tr.
307,
404),
This
is
a
violation
also.
8
—
477
-2-
Section 18 of the
Act
provides that the water supply shall be
“safe in quality, clean, adequate in quantity,
and
of satisfactory
mineral character for ordinary domestic consumption.”
In view of our
above findings concerning excessive iron concentrations
and
inade-
quate quantity, we also find a violation of Section 18 of the Act.
In further support of the Section 18 violation, residents in
the area testified to rusty
brown
discloration (Tr.
192), stained
laundry
(Tr.
205,
209),
rust in the water
(Tr.
228), the need to
purchase bottled water
(Tr.
228), and odors.
Up until May, 1973 the Water Company
was
owned
by
the
respondent
John
Puhler.
Northern
Utilities
is
the
new
owner.
Prior
to
his
purchase
of
the
water
company
Mr.
Puhier
was
sole
owner
and
president
of
Pithier
Realty
Company
(Tr.
8).
In
1969,
Puhler
entered
into
negotiations for some vacant land in the McHenry Shores area for the
purpose of development, resale and speculation.
The water company
was included by the seller as part of the total package.
Ownership
of the
land
was taken by Puhler Realty and ownership of the water
company
was taken by Mr. Puhler personally.
Since that tine Mr.
Puhler
has
made
profits on
the
sane
of
hones
that
he
built
on
the
land.
He
also
allowed
those
new homes to hook up to the water systen,
thus worsening the problems.
It appears that Mr. Puhier cared only
about making money on his real estate deal but cared nothing about
the health and well being of those
who
drank his water.
For
this total disregard for the health and safety of his
fellow human beings we assess a penalty of $5,000 against Mr. Fuhler
personally.
The contract between
McHenry
Shores
Water
Company
and
Northern Illinois Utilities.(Res’p. Ex.
3) provides that Northern
would pay
any
fine levied by the Board against “the Seller” in this
case.
Since “the Seller” is McHenry Shores Water Company and not
Mr. Pithier personally, we feel free to
levy
a personal penalty against
Mr. Puhler aside from the contract.
In view of the fact that the new owner, Northern Illinois
Utilities, purchased the company after the proven dates of violation
and that it has indicated its desire to rectify the situation we
shall not penalize Northern in this proceeding.
ORDER
1.
Northern Illinois Utilities,
Inc. shall cease
and
desist
from all violations of
the
Act and Rules in the operation
of McHenry Shores Water Company by October 12, 1973.
2.
John P. Puhler shall pay to the State of Illinois by August 17,
1973 the
sum
of $5,000 as a penalty for the violations found
in this proceeding.
Penalty payment by certified check or
a—an
-3-
money order payable
to the State of Illinois shall be made to:
Fiscal Services Division, Illinois Environmental Protection
Agency,
2200 Churchill Drive, Springfield, Illinois
62706.
3.
Northern Illinois Utilities,
Inc.
shall adhere to the
following conditions:
a.
That Northern post
a $10,000 bond with the Agency
by August
1,
1973 to guarantee its performance
and
compliance with this order and the Act and Rules.
b.
That Northern shall
submit to the Board and Agency
by August 15,
1973 a firm and specific program for the
abatement of all violations.
c.
That hereinafter Northern shall file monthly operational
reports with the Agency in
a form satisfactory to the
Agency.
I, Christan L. Moffett, Clerk of the Illinois Pollution Control
Board, hereby certify the above Opinion
ansi Order were adopted on the
,‘,~‘1’l
day of July,
1973 by
a vote of__________________________________
cZ1LL~9fY)
~
C1~istanL. Moffett,
çftj-k
Illinois Pollution Co~t’1~’olBoard
8
—
479