ILLINOIS POLLUTION CONTROL BOARD
February 16, 1978
CITY OF CRYSTAL LAKE,
Petitioner,
v.
)
POE 77—332
ENVIRONMENTAL PROTECTION
AGENCY,
Respondent.
OPINION AND ORDER OF THE BOARD
(by Mr. Dumelle):
This case comes before the Board as a Petition for a Variance
from the drinking water standard for barium,
Petitioner claims
that it would suffer hardship
if it was required
to comply with
the 1.0 mg/i standard because compliance would be expensive and
unnecessary to protect public health.
The Agency filed a
Recommendation which stated that although the costs associated
with compliance were not excessive,
there wasn’t enough data on
health hazards from ingesting barium to
justify the necessary
expense.
On November 22,
1974 the Board adopted comprehensive Regu-
lations on the quality of drinking water from public water supplies
in Illinois.
A standard of 1.0 mg/i as a twelve month running
average was adopted as the maximum concentration for barium.
This
figure was selected after an analysis of evidence on health
effects and economic and technical
feasibility.
January
1,
1978
was~chosen as the date for compliance with this standard.
Within
one month of the compliance deadline, Petitioner requested relief
without any stated intention of ever achieving the standard.
in
the meantime on June 24,
1977 the USEPA issued Regulations which
require immediate compliance with the same 1.0 mg/i standard for
barium in drinking water.
The Board presently lacks the authority
to grant relief from this Federal standard.
29—241
Petitioner has referred to a study on the relationship be-
tween cardiovascular morbidity and barium levels in drinking water.
Since this study has not been completed, Petitioner feels
it should
not have to pay any attention to promulgated and effective Board
and Federal Regulations.
This attitude is puzzling particularly
since the required treatment costs of 8.4 cents per 1000 gallons
has not been shown to be excessive,
Petitioner points out that if
the barium requirement is met9
it will encounter additional
problems from corrosion of its delivery system, and its finished
water will be softer and therefore more harmful to pipes and possi-
bly to health.
While these arguments are interesting,
they are not
relevant in a variance proceeding which presumes ultimate compli-
ance or a showing of disastrous economic effects.
We therefore
deny the variance.
It
is the Order of the Pollution Control Board that Peti-
tioner~srequest for a Variance from the drinking water standard
for barium be denied.
I,
Christan L.
Moffett, Clerk of the Illinois Pollution Control
Board, ~ereby cer~iy~the above Opinion and Order were adopted on
thejL~day
of~,
1978 by
a vote of~
Christan
L. Moff
Clerk
Illinois Po1luti6~~ontrolBoard
29
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242