A platform for research: civil engineering, architecture and urbanism
A platform for research: civil engineering, architecture and urbanism
Water Company Fined
McHenry Shores Water Co., a public company, supplies water to several hundred residents of McHenry, Ill. A routine on‐site inspection of the McHenry water system showed numerous violations of the Illinois Environmental Protection Agency Act, including an insufficient number of hydrants to adequately flush the system, failure to submit sufficient raw water samples for bacteriological testing, not complying with the testing and reporting requirements for fluoride and chlorine concentrations, and lack of a cross‐connection contamination ordinance and survey. The inspection was followed up with an enforcement letter giving McHenry seven days to respond. No response was received. Subsequently, residents served by McHenry held a meeting complaining that their water was discolored and smelled bad. McHenry began to remedy the violations, but the changes were insufficient. The state then filed an 11‐count complaint against McHenry. The trial court found the city liable on seven of the counts and imposed civil penalties of $85,000 but allowed McHenry six months to remedy the violations. In a subsequent hearing, the trial court reduced the penalties to $25,000. On appeal, McHenry argued that if the water supply posed a real threat to human health then the trial court should have issued a temporary restraining order shutting it down. But the appellate court said that the trial court could have reasonably concluded that the public health risk posed by not having any water at all was greater than the risk posed by consuming the water provided by McHenry. The court said that although the water was often discolored, cloudy, and had a foul odor, there was no evidence that it posed a direct health hazard beyond mere discomfort or unpleasantness. The trial court decision was affirmed.
Water Company Fined
McHenry Shores Water Co., a public company, supplies water to several hundred residents of McHenry, Ill. A routine on‐site inspection of the McHenry water system showed numerous violations of the Illinois Environmental Protection Agency Act, including an insufficient number of hydrants to adequately flush the system, failure to submit sufficient raw water samples for bacteriological testing, not complying with the testing and reporting requirements for fluoride and chlorine concentrations, and lack of a cross‐connection contamination ordinance and survey. The inspection was followed up with an enforcement letter giving McHenry seven days to respond. No response was received. Subsequently, residents served by McHenry held a meeting complaining that their water was discolored and smelled bad. McHenry began to remedy the violations, but the changes were insufficient. The state then filed an 11‐count complaint against McHenry. The trial court found the city liable on seven of the counts and imposed civil penalties of $85,000 but allowed McHenry six months to remedy the violations. In a subsequent hearing, the trial court reduced the penalties to $25,000. On appeal, McHenry argued that if the water supply posed a real threat to human health then the trial court should have issued a temporary restraining order shutting it down. But the appellate court said that the trial court could have reasonably concluded that the public health risk posed by not having any water at all was greater than the risk posed by consuming the water provided by McHenry. The court said that although the water was often discolored, cloudy, and had a foul odor, there was no evidence that it posed a direct health hazard beyond mere discomfort or unpleasantness. The trial court decision was affirmed.
Water Company Fined
1999-01-01
1 pages
Article (Journal)
Electronic Resource
English
Emerald Group Publishing | 2004
Online Contents | 2010