ILLINOIS POLLUTION CONTROL BOARD

February

 17, 1972

JEFFERY WIDES

v.

)

 PCB 71—305

MILDRED KRAWCZYK, CITY OF

COLLINSVILLE,

 et al.

Jeffery Wides, pro

se

Jim D.

 Keehner, Attorney for the Environmental Protection Agency

R.

 H. Burroughs,

 Attorney for Mildred Krawczyk

Dwight C. Taylor, Attorney for the City of Collinsville

Opinion and Order of

 the Board

 (by Mr. Aldrich):

This cause was initiated by

 a citizen’s complaint filed July

22,

 1971,

against Mildred Krawczyk of Collinsville,

 Illinois.

 Mrs. Krawczyk is

the owner

of

 a water

 line which serves 11 homes in Holiday Hills Sub-

division, Collinsville.

 Complainant Wides alleges

 that no written

approval was given by the State of Illinois before construction of

the public water supply installation, in violation of the Public Water

Supply Control Law.

 Mr. Wides

 also alleges

 that Mrs. Krawczyk has

failed to provide

 a continuous,

 clean,

 and adequate water supply,

in

violation of Section

18

 of the Environmental Protection Act

 (“Act”).

Mr.

 Wides’

 complaint of July 22,

 1971 was construed by

 the Board

as

an informal one,

 and the Environmental Protection Agency

 (“Agency”)

was asked to investigate the matter.

 On October

4,

 1971, Mr. Wides

informed the Board that he had intended his complaint

 to be

 a formal

one

 and requested that

 a hearing be held pursuant to Section

31

of

the Act.

 The Agency subsequently filed

 a petition to intervene.

On

November

22,

 1971,

 Mr. Wides amended his

 formal complaint, naming the

City of Collinsville

 as co-respondent.

The record indicates that Mrs. Krawczyk and her husband developed

Holiday Hills Subdivision

 in 1961

 (R.23).

 Upon her husband’s death

in 1964,

 Mrs. Krawczyk became sole owner of the Subdivision except

for the lots which had been sold.

 The water line which was

 installed

in 1961 was

 one and one-quarter inches in diameter

 (R.21).

 Mrs.

Krawczyk admitted that no permit had been obtained from the State

at the time the installation was made

 (R.26).

 All parties stipulated

that the one and one—quarter inch water line has been inadequate

to

serve

 the needs of the residents for at least six years

 (R.7).

No

evidence was educed as

 to the cleanliness

 of the water.

Edward Juneab.,

 an engineer employed by Mrs. Krawczyk, testified that

the water system could be improved

 so as to provide an adequate supply

of water

 for domestic purposes to existing homes in the Subdivision

‘~.13).

 This would involve

 the connection of

 a six—inch

 line to a

—

nearby four-inch water main owned by the City of Collinsville.

Estimated

cost of the project is $10,000

 to $15,000.

 Mrs. Krawczyk

agreed to enter into a contract for installation

 of the proposed

facilities

 (R.25).

Mr. Juneau indicated his readiness to proceed with preparation of plans

and specifications for the improvement project provided a permit could

be obtained from the Agency and provided that the City of Collinsville

would give its consent to connecting a new line

 to the existing water

main

 (R.l3).

 He estimated that the plans and specifications could be

prepared within 30 days and that completion of the project would

require no more than ten working days

 (R.14,

 20).

However, Mr. Juneau

expressed the opinion that a realistic schedule for completion of the

project would be more like five months because of the time required

for approval of the plans and for arranging the necessary financing,

and because of possible delays due to bad weather and frozen ground

in January and February

 (R.19,

 20).

 Counsel for the Agency recommended

that the Board establish a stricter timetable by requiring that the

project be completed within 90 days

 (R.31).

 He suggested that monthly

reports be submitted so as

 to indicate the occurrence of difficulties

caused by bad weather which the Board could then take into account.

We feel that five months is an excessive period of time to complete a

project which under favorable conditions could be done in two months.

The residents of Holiday Hills have been deprived of an adequate water

supply for at least six years.

 We do not think they should now have

to wait any longer than is absolutely necessary for the situation to

be corrected.

 We note that all parties have stipulated that the pro-

posed project is

 a necessary one

 (R.8).

 Approval of the project by

both the Agency and the City of Collinsville should therefore be swift.

We note further the stipulation by all parties that plans for the pro-

ject were to be initiated as of the date of the hearing in this

 case,

December 28, 1971

 (R.35).

 We will therefore require the project to

be completed within approximately 90 days of that date, that is, by

March 31,

 1972.

 We will further require the submission

 of monthly

reports as to progress toward completion of the project.

 Such reports

are to include the occurrence of any delays due to unfavorable weather

conditions and frozen ground.

Finally, we feel that. a money penalty is clearly warranted

 in this case.

Mrs. Krawczyk admitted that no permit had been obtained from the State

for installation of the existing water line as required by Par.l2lb,

Sec.2 of the Public Water Supply Control Law.

 Had this permit been

applied for,

 the present unacceptable conditions in all likelihood

would never have arisen.

 Furthermore, Mrs. Krawczyk has failed to

supply residents of Holiday Hills with an adequate supply of water

for the past six years.

 In view of the long-standing nature of the

violations we will order that Mrs. Krawczyk pay a penalty to the State

in the amount of $1000.

This Opinion constitutes the findings of fact and conclusions of law

of the Board.

—

640

ORDER

1.

 Mildred Krawczyk shall,

 by March

31,

 1972, take whatever steps

are necessary

 to bring

 the water supply facilities

 at Holiday

Hills Subdivision, Collinsville,

 Illinois, into compliance with

Section

 18 of the Environmental Protection Act.

2.

 Mildred Krawczyk or her agent shall submit to the Collinsville

Office of the Environmental Protection Agency and to

 the Pollution

Control Board

 a report. by March

 1972 indicating progress being

made toward completion of improvements

 to the aforementioned

 water supply facilities,

 said report to also include the occurrence

of any delays due to unfavorable weather conditions and frozen

ground.

3.

 Mildred Krawczyk shall, within

 35 days of the entry of this order,

pay

 to the State of Illinois,

 the sum,

 in penalty,

 of $1000.

Penalty payment by certified check or money order payable to the

State of Illinois shall be made to the Fiscal Services Division,

Environmental Protection Agency,

 2200 Churchill Road, Springfield,

Illinois 62706.

I, Christian

 L. Moffet, Clerk of the Pollution Control Board,

certify that

 the ~oard adopted the above opinion and order

this /7~day of ~

 1972 by a vote of ~‘—cD

—

641