ILLINOIS POLLUTION CONTROL BOARD
    November 20, 1980
    LARCHMONT WATER CORPORATION,
    Petitioner,
    v.
    )
    PCB 80—141
    ILLINOIS ENVIRONMENTAL PROTECTION
    )
    AGENCY,
    Respondent.
    BRADLEY T. KOCH APPEARED ON BEHALF OF THE PETITIONER.
    DAVID L. RIESER AND JOHN D. WILLIAMS APPEARED ON BEHALF OF THE
    RESPONDENT.
    OPINION AND ORDER OF THE BOARD (by J.D. Dumelle):
    On August 7, 1980, Larchmont Water Corporation (Larchmont)
    filed a Petition for Variance from Rules 207 and 305 of the
    Board’s Rules and Regulations, Chapter 6: Public Water Supplies.
    The Illinois Environmental Protection Agency filed a
    Recommendation of denial of the variance on September 8, 1980.
    By order of the Board of August 21, 1980, Larchmont’s request for
    variance from Rule 207 was dismissed. On October 24, 1980,
    hearing was held on the Rule 305 variance request. No members of
    the public were present and no public comments were received by
    the Board.
    Larchmont is an independent corporation serving the
    residential water needs of 31 families in the Larchmont
    Subdivision which is surrounded by the City of Rockford, but
    which has not been annexed.
    Larchmont requests a variance from the mandatory
    chlorination requirement of Rule 305. In closing argument,
    Larchmont made it clear that the arbitrary or unreasonable
    hardship is not simply a matter of cost, but rather arises due to
    the possibility that Senate Bill 1404 or the Boardts regulatory
    proceeding in R78—8 may result in Larchmont being exempted from
    that rule (R.86—7). If so, Larchmont argues that being required
    to spend even $1 for chlorination equipment would be an arbitrary
    and unreasonable hardship.
    Larchmont requests that it be treated the same as Bradley
    Heights Water System, Inc., which was granted a variance from
    Rule 305 (37 PCB 357). However, there are several differences
    between the two proceedings. First, the Bradley Heights system
    —2—
    was pervaded with nuisance iron bacteria (37 PCB 358). No such
    problem is alleged regarding the Larchmont system, Second,
    Bradley Heights was alleged to be on the verge of annexation such
    that the entire system might have to be replaced in the near
    future (37 PCB 359)~. No such pending annexation is alleged in
    the present record. Third, on October 30, 1980, the Board
    dismissed the R78-8 proceedings and the Rule 305 requirement
    remains in effect. Fourth, Senate Bill 1404 was
    not
    adopted into
    law during the last legislative session and it is not known when,
    if ever, it will be reintroduced.
    The Board finds that there is no showing of an arbitrary or
    unreasonable hardship. The only hardship alleged is cost. John
    Rafter, a civil en9ineer who reviewed Larchmont’s water system
    testified that equipment would cost
    $750,
    electrical work $65,
    plumbing $50, heating and miscellaneious inprovements to the well
    house $220, and profit, overhead and engineering fees $715
    (R.42—3 and Ex.5). This totals $1800. Even if Larchmont’s own
    figures are used, substracting costs which are solely attributed
    to fluoridation, the first year cost would be $52.55 per capita
    and the annual cost thereafter would be $8.50 per capita (Ex.8).
    However, these figures are based upon the installation of both
    fluoride and chlorine metering equipment, such that the heating
    and miscellaneous expenses would be incurred in any case and
    other costs may also be lessened to some extent (R.55—59). In
    its recommendation the Agency estimates a total of $968. Thus,
    Larchmont’s figures may be double the actual cost.
    Neither figure indicates an arbitrary or unreasonable
    hardship. There is no showing that the Larchmont system is
    impacted by Rule 305 to a greater degree than any other system of
    its size. Variance is, therefore, denied.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    Larchmont Water Corporation is hereby denied variance from
    Rules 207 and 305 of Chapter 6: Public Water Supplies.
    IT IS SO ORDERED.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify that the above Opinion and Order
    w~sadopted on the ~
    day of
    __________,
    1980 by a vote of
    Christan L. Moff
    i~’4
    Clerk
    Illinois Pollutioh’ ontrol Board

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