ILLINOIS POLLUTION CONTROL
BOARD
December 20,
1990
VILLAGE OF PLAINFIELD,
)
)
Petitioner,
)
v.
)
PCB 90—162
(Variance)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD
(by R.C.
Flenial):
On November 29,
1990 the Board granted the Village of
Plainfield’s
(“Plainfield”) request for variance from 35 Ill.
Adm. Code 602.105(a),
“Standards for Issuance”, and 602.106(b),
“Restricted Status”,
as related to the 5.0 pCi/l combined radium-
226 and radium-228 standard of 35 Iii. Adm. Code.Subtitle F.
However, the Board has subsequently observed that Plainfield’s
request that the Board find the improvements to be constructed by
Plainfield to be water treatment facilities as described in Ill.
Rev. Stat.
1989,
Chapter 24, Section 8—4-1(13) was inadvertently
overlooked in the November 29,
1989 Opinion and Order.
Section 8-4-1(13) reads,
in pertinent part:
8-4-1.
No bonds shall be issued by corporate
authorities of any municipality until the question of
authorizing such bonds has been submitted to the
electors of that municipality, and approved by a
majority of the electors voting upon that question...
However, without the submission
of the question of
issuing bonds to the electors except as required under
paragraph (13), the corporate authorities of any
municipality may authorize the issuance of any of the
following bonds:...
(13)
Bonds to finance the cost of the acquisition,
construction or improvement of water or wastewater treatment
facilities mandated by an enforceable compliance schedule
developed in connection with the federal Clean Water Act or
a compliance order issued by the United States Environmental
Protection Agency or the Illinois Pollution Control
Board;...
Inasmuch as the construction and equipment which Plainfield
will be obligated to perform and install under the conditions
imposed by the Board’s Order clearly fall under the terms of
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Section 8-4-1(13), the Board will reissue the November 29,
1990
Order with the addition of Condition (L), which specifies this
Board finding.
Today’s reissuance of the Order notwithstanding,
the date of grant of variance continues to be November 29,
1990.
ORDER
Petitioner, Village of Plainfield,
is hereby granted
variance from 35 Ill. Adm. Code 602.105(a),
Standards of
Issuance, and 602.106 (b), Restricted Status,
as they relate to
the standard for radium in drinking water of 35 Ill.
Adzu.
Code.Subtitle F, subject to the following conditions:
(A)
For the purposes of this Order, the date of USEPA
action shall consist of the earlier of the:
(1)
Effective date on any regulation promulgated by
the U.S. Environmental Protection Agency
(“USEPA”)
which amends the maximum concentration level for
combined radium, either of the isotopes of radium,
or the method by which compliance with a radium
maximum concentration level
is demonstrated; or
(2)
Date of publication of notice by the USEPA that no
amendments to the 5 pCi/l combined radium standard
or the method for demonstrating compliance with
the 5 pCi/l standard will be promulgated.
(B)
Variance shall terminate on the earliest of the
following dates:
(1)
When analysis pursuant to 35 Ill.
Adin.
Code
611.731(a),
or any compliance demonstration method
then in effect,
shows compliance with any
standards for radium in drinking water then in
effect;
(2)
Two years following the date of USEPA action; or
(3)
November 29,
1995.
(C)
Compliance shall be achieved with any standards for
radium then in effect no later than the date on which
this variance terminates.
(D)
In consultation with the Illinois Environmental
Protection Agency (“Agency”), Petitioner shall continue
its sampling program to determine as accurately as
possible the level of radioactivity in its wells and
finished water.
Until this variance terminates,
Petitioner shall collect quarterly samples of water
from its distribution system at locations approved by
the Agency.
Petitioner shall composite the quarterly
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samples for each location separately and shall have
them analyzed annually by a laboratory certified by the
State of Illinois for radiological analysis so as to
determine the concentration of radium—226 and radium—
228.
At the option of Petitioner the quarterly samples
may be analyzed when collected.
The
results of the
analyses shall be reported within 30 days of receipt of
the most recent result to:
Illinois Environmental Protection Agency
Compliance Assurance Section
Division of Public Water Supplies
2200 Churchill Road
Springfield, Illinois 62794—9276
(E)
Within three months of USEPA action or within 27 months
of grant of this variance, whichever occurs first,
Petitioner shall apply to the Agency at the address
below for all permits necessary for construction of
installations, changes, or additions to Petitioner’s
public water supply needed for achieving compliance
with the maximum allowable concentration for combined
radium, or with any standards for radium in drinking
water then in effect:
Illinois Environmental Protection Agency
Division of Public Water Supply
Permit Section
2200 Churchill Road
Springfield, Illinois 62794—9276.
(F)
Within three months after each construction permit is
issued by the Agency, Petitioner shall advertise for
bids,
to be submitted within 60 days,
from contractors
to do the necessary work described in the construction
permit.
Petitioner shall accept appropriate bids
within a reasonable time.
Petitioner shall notify the
Agency at the address in condition
(D) of each of the
following actions:
1) advertisement for bids,
2) names
of successful bidders, and 3) whether Petitioner
accepted the bids.
(G)
Construction allowed on said construction permits shall
begin within a reasonable time of bids being accepted,
but in any case,
construction of all installations,
changes or additions necessary to achieve compliance
with the maximum allowable concentration of combined
radium, or with any standards for radium in drinking
water then in effect, shall begin no later than 6
months after USEPA action.
If there is no USEPA action
within two years of grant of this variance, Petitioner
shall begin construction no later than three years
after grant of this variance.
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(H)
Pursuant to 35 Ill.
Adm. Code 611.851(b),
in its first
set of water bills or within three months after the
date of this Order, whichever occurs first, and every
three months thereafter, Petitioner shall send to each
user of its public water supply a written notice to the
effect that Petitioner has been granted by the
Pollution Control Board a variance from 35 Ill.
Adm.
Code 602.105(a) Standards of Issuance and 35 Ill. Adm.
Code 602.106(b)
Restricted Status, as they relate to
the radium standard.
(I)
Pursuant to 35 Ill. Adm. Code 611.851(b),
in its first
set of water bills or within three months after the
date of this
grant of variance, whichever occurs
first, and every three months thereafter, Petitioner
shall send to each user of its public water supply a
written notice to the effect that Petitioner is not in
compliance with standard for radium.
The notice shall
state the average content of radium in samples taken
since the last notice period during which samples were
taken.
(J)
Until full compliance is achieved, Petitioner shall
take all reasonable measures with its existing
equipment to minimize the level of combined radium,
radium-226, and
radium—228 in its finished drinking
water.
(K)
Petitioner shall provide written progress reports to
the Agency at the address below every six months
concerning steps taken to comply with paragraphs B—J.
Progress reports shall quote each of said paragraphs
and immediately below each paragraph state what steps
have been taken to comply with each paragraph.
Illinois Environmental Protection Agency
Division of Public Water Supply
Field Operations Section
2200 Churchill Road
Springfield, Illinois 62794—9276.
(L)
The Board hereby states that the acquisition,
construction, and improvements to be made under the
compliance plan that is a condition of the grant of
this variance involve costs as presented in Ill. Rev.
Stat.
1989,
Chapter 24, Section 8—4—1(13).
Within 45 days of the date of this Order, Petitioner shall
execute and forward to Stephen C. Ewart,
Division of Legal
Counsel, Illinois Environmental Protection Agency,
2200 Churchill
Road, Post Office Box 19276, Springfield, Illinois 62794—9276, a
Certification of Acceptance and Agreement to be bound to all
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terms and conditions of this variance.
The 45-day period shall
be held in abeyance during any period that this matter is being
appealed.
Failure to execute and forward the Certificate within
45 days renders this variance void and of no force and effect as
a shield against enforcement of rules from which variance was
granted.
The form of said Certification shall be as follows:
CERTIFICATION
I
(We),
hereby accept and agree to be bound by all terms and conditions
of the Order of the Pollution Control Board in PCB 90—162
December20,
1990.
Petitioner
Authorized Agent
Title
Date
Section 41 of the Environmental Protection Act, Ill.
Rev.
Stat.
1989 ch.
111
½
par.
1041, provides for appeal of final
Orders of the Board within 35 days.
The Rules of the Supreme
Court of Illinois establish filing requirements.
IT IS SO ORDERED.
Board Members J.D. Dumelle and B. Forcade dissented.
I, Dorothy M.
Gunn, Clerk of the Illinois Pollution Control
Board~herebycertif
t at the above Order was adopted on the
‘~“~-
day of
___________________,
1990,
by a vote of
Mt____
Dorothy N. G)4~n, Clerk
Illinois PolXution Control Board
117—115