ILLINOIS POLLUTION CONTROL BOARD

April 9, 1992

CITY OF PROSPECT HEIGHTS     

)

(Rob Roy Water System),      

)

Petitioner,

)

v.

)

PCB 90—224

)

(Variance)

ILLINOIS 

•

ENVIRONMENTAL      

)

PROTECTION AGENCY,         

)

Respondent.

ORDER OF THE BOARD (by R.C. Flemal):

This matter comes before the Board upon filing by the City

of Prospect Heights (Prospect Heights) on March 24, 1992 of a

motion to amend the Board’s variance order as entered March 28,

1991. This variance concerns non-compliance with the current

United States Environmental Protection Agency (USEPA) and Board

radium maximum contaminant levels (MCLs). The Illinois

Environmental Protection Agency (Agency) filed a respbnse on

April 7, 1992 recommending grant of Prospect Heights’ motion.

Prospect Heights observes that at the time of the original

grant of variance the USEPA had not yet declared its position

concerning revision of the radium MCL51. Prospect Heights

further observes that conditions upon which the grant of variance

was contingent were premised in part on assumptions regarding the

direction likely to be taken by USEPA. Among these assumptions

was that any revised radium MCLs would become effective shortly

upon their being proposed.

However, when the USEPA did announce its proposed radium

MCLs on July 18, 1991, it also proposed that they not be

effective until October 1994. A consequence of this unexpectedly

long time between proposal and effective date is that the default

dates built into the March 1991 version of Prospect Heights’

variance will trigger prior to the effective date of any new

MCL5; this was not intended. The default dates were intended to

function only should the USEPA fail to promulgate new radium

regulations. Accordingly, Prospect Heights requests that the

default dates be adjusted.

In anticipation of tJSEPA revision of the radium standard,

the legislature amended the Illinois Environmental Protection Act

at Section 17.6 in 1988 to provide that any new federal radium

standard immediately supersedes the current Illinois standard.

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The Board accepts Prospect Heights’ arguments, and

accordingly will modify the variance. For the purpose of

maintaining the variance order as a single entity, the Board will

reissue the order in its modified entirety. The Board notes that

Prospect Heights will need to execute a new Certificate of

Acceptance for the modified variance to become effective.

ORDER

Petitioner, City of Prospect Heights, is hereby granted

variance~forits Rob Roy Water System from 35 Ill. Adm. Code

602.105(a), Standards of Issuance, and 602.105(b), Restricted

Status, as they relate to the standard for radium in drinking

water of 35 Ill. Adm. Code.Subtitle F. This grant of variance

supersedes the grant of variance entered by this Board on March

28, 1991, and is 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 doncentration level is demonstrated; or

(2) Date of publication of notice by the USEPA that no

amendments to the 5 pCi/I 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. Adm. Code

6ll.Subpart Q, or any compliance demonstration

method then in effect, shows compliance with

standards for radium in drinking water then in

effect;

(2) Two years following the date of USEPA action; or

(3) April 9, 1996.

(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

132—26

—3—

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

samples for each location separately and shall have

them analyzed annually by a laboratory certified by the

State of Illinois for radiological analysis 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

P.O. Box 19276

2200 Churchill Road

Springfield, Illinois 62794—9276

(E) Within three months of USEPA action 

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

contaminant l~vél 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 (E) 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.

In any case, construction of all installations, changes

or additions necessary to achieve compliance with the

maximum contaminant level of combined radium, or with

any standards for radium in drinking water then in

132—27

—4—

effect, shall be completed no later than two years

following the date of USEPA action.

(H) Pursuant to 35 Ill. Adm. Code 611.851(b) (formerly 35

Ill. Adm. Code 606.20l),.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) (formerly 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 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 conipliance 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 the paragraphs of

this Order. 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.

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

terms and conditions of this variance. The 45-day period shall

be held in abeyance during any period that this matter is being

132—28

—5—

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 90-224, April

9, 1992.

Petitioner

Authorized Agent

Title

Date

Section 41 of the Environmental Protection Act, Ill. Rev.

Stat. 1989 ch. 111 

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.

IS SO ORDERED.

Board Member B. Forcade dissents.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the above order was adopted on the

~71Z~

day of  

~ /t~/.   

1992, by a vote of

(7

Dorothy M. ,~unn, Clerk

Illinois r~o,llution Control Board

132—29