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

    Back to top