ILLINOIS POLLUTION CONTROL BOARD
July 13,
1989
VILLAGE OF COAL CITY,
)
Petitioner,
v.
)
PCB 89—55
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
Respondent.
ORDER OF THE BOARD
(by M.
Nardulli):
This matter comes before the Board on a July
10,
1989 motion
to modify the Board’s order of June 8,
1989
in the above—
captioned case.
On the June
8,
1989,
the Board granted the
extension of variance from 35
Iii. Adm. Code 602.105(a),
Standards of Issuance and 602.106(b), Restricted Status,
to the
extent they relate to 35
Lii.
Adm. Code 604.301(a),
combined
radium 226 and 228, and 604.301(b),
gross alpha particle activity
until May
1,
1992.
Among the conditions to
the grant
of the
extension was the following:
(C)
The petitioner
shall properly seal all abandoned
public water supply wells by July 15,
1989.
In the motion,
the movant states that because of the
requirement of public bid statutes
it will be unable
to comply
with the sealing of the wells by July
15,
1989.
The movant
requests the Board extend the deadline to seal the wells until
September 15,
1989.
This action will not alter the length of the
variance.
Because of the Board’s concern that
a delay
in the
granting of this order might result
in a material prejudice or
undue delay
to the Village of Coal City,
the Board contacted the
Illinois Environmental Protection Agency to determine
if it
intended
to respond
to the motion.
The Agency stated that
it had
no intention of filing a response.
Therfore, the Board grants
the motion and amends its June
8,
1989 Order
for PCB 88—55 as
follows:
ORDER
The Village of Coal City
(Coal City)
is hereby granted an
extension of variance from 35
Iii. Adm. Code 602.105(a)
Standards
of
Issuance, and 602.106(b),
Restricted Status, but only as those
Sections relate
to the limitations
for combined radium and gross
alpha particle activity set forth
in Section 604.301, until May
11)1-77
—2—
1,
1992, subject to the following conditions:
(A)
This variance expires on May 1,
1992 or
when analysis pursuant to 35 Ill.
Adm.
Code 605.104(a) shows compliance with the
standards for the contaminants
in
question, whichever occurs first.
(B)
In consultation with the 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 expires, petitioner shall
collect quarterly samples of
its water
from its distribution system at locations
approved by the Agency.
The petitioner
shall composite the quarterly samples
from each location separately and shall
analyze them annually by a laboratory
certified by the State of Illinois for
radiological analysis
so as
to determine
the concentration of the contaminant
in
question.
The results of
the analyses
shall be reported to the Compliance
Assurance Section, Division of Public
Waer Supplies,
2200 Churchill Road,
IEPA,
Springfield, Illinois 62794—9276, within
30 days of receipt of each analysis.
At
the option of petitioner,
the quarterly
samples may be analyzed when collected.
The running average of the most recent
four
quarterly
sample
result
shall
be
reported to the above address within
30
days of receipt of
the most
recent
quarterly sample.
(C)
The petitioner shall properly seal all
abandoned public water supply wells
by
September 15,
1989.
(D)
Petitioner shall submit plans and
specifications for project design of
a
ion—exchange water softening system or
other treatment system capable of
bringing the drinking water supply into
compliance with
35
Ill.
Adm. Code
604.301(a)
and 604.301(b) and a
construction permit application to the
Agency’s Permit Section by November
1,
1989.
101--78
—3—
(E)
By February 13,
1990, petitioner shall
have advertised
for bids from contractors
to do the necessary work described in the
construction permit.
Petitioner shall
accept appropriate bids by March
13,
1990.
Petitioner shall notify
IEPA,
DPWS, within
30
days,
of each of the
following actions:
1) advertisements for
bids,
2) whether petitioner accepted the
bids and
3)
names of successful bidders
(F)
Construction of all installations,
changes
or additions necessary to achieve
compliance with the maximum allowable
concentrations in question shall begin
no
later than April
1,
1990.
(G)
Construction of all installations,
changes or
additions necessary to achieve
compliance with maximum allowable
concentrations
in question shall be
completed no later than May
1,
1991.
(H)
Beginning on May
1,
1991,
petitioner
shall sample quarterly in accordance with
paragraph
(B)
above.
Compliance
shall be
proved no later than May 1,
1992.
(I)
Pursuant
to
35
Iii.
Adrn. Code 606.201,
in
its first
set
of water
bills
or within
three months after the date of this
Variance Order, whichever occurs first,
and every three months thereafter,
petitioner will 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
111. Adm. Code
602.105(a)
Standards
of Issuance and
35
Ill.
Adm. Code 602.106(b) Restricted
Status,
as
it relates
to the
MAC
standard
in question.
(J)
Pursuant
to
35
Ill. Adm. Code 606.201,
in
its first
set of water
bills
or within
three months after
the date of this
Order, whichever occurs first, and every
lnl--7q
—4—
three months thereafter, petitioner will
send to each user of its public water
supply a written notice
to the effect
that petitioner
is not
in compliance with
the standard in question.
The notice
shall state the average content of the
contaminant in question
in samples taken
since the last notice period during which
samples were
taken.
(K)
Until full compliance is reached,
petitioner shall take all reasonable
measures with its existing equipment
to
minimize the level of contaminant
in
question in its finished drinking water.
(L)
The petitioner
shall provide written
progress reports
to IEPA,
DPWS, FOS every
six months concerning
steps taken
to
comply with paragraphs
(C),
(D),
(E),
(F)
and
(G).
Progress reports shall quote
each of said paragraphs and immediately
below each paragraph state what steps
have been taken to comply with each
paragraph.
(M)
That within forty—five days of the date
of this Order,
Coal City shall execute
and send to Bobella Glatz,
Enforcement
Programs, Illinois Environmental
Protection Agency,
2200 Churchill Road,
Springfield,
Illinois 62794—9276,
a
Certificate of Acceptance by which Coal
City agrees
to be bound
to all terms and
conditions of the granted variance.
This
variance will
be void
if Coal City fails
to execute and forward a Certificate
within the forty-five
(45) day period.
The 45—day period shall be held
in
abeyance
for
a period during which
this
matter
is appealed.
The form of this
Certificate
shall be as follows:
101—8~)
—5—
CERTIFICATE OF ACCEPTANCE
I,
(We)
hereby accept and agree
to bound by all terms and conditions of
the Order of the Pollution Control Board in PCB 89—55,
adopted
Petitioner
Authorized Agent
Title
Date
Section 41 of the Environmental Protection Act,
Ill. Rev.
Stat.
1985,
ch. lll~,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
B. Forcade dissented.
3.
Dumelle abstained.
I,
Dorothy M Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that ~
was adopted on
the
/~i~4
day of _______________________
,
1989,
by
a vote
of
________.
Ill
ution Control Board
101—81