ILLINOIS
    POLLUTION CONTROL BOARD
    November 10, 1976
    LAKE
    IN THE HILLS WATER COMPANY,
    Petitioner,
    v.
    )
    PCB 76—212
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by Mr. Young):
    This matter comes before the Board on a variance petition
    filed on August 12, 1976 by the Lake in the Hills Water Company
    seeking modification of an Order of the Board entered on October
    10,
    1972.
    That Board Order was entered as
    a result of an en-
    forcement action brought by the Agency alleging that the Company
    was distributing water with high iron content and under insuffi—
    cient pressure.
    (PCB 72-197,
    5 PCB 631.)
    The compliance program incorporated into that Order con-
    sisted of two phases which were identical with the requirements
    of an Order previously entered by the Illinois Commerce Commission
    on February
    9,
    1972.
    Phase
    I included drilling
    a new deep well
    with low iron content and improvements
    to the distribution system;
    Phase II included drilling an additional low iron content deep
    well and constructing an elevated storage tank.
    These improve-
    ments were intended to increase the volume of water available,
    to provide water of a lower iron content,
    and to
    increase the
    pressure on the system.
    The Company has completed Phase
    I of the compliance program
    but
    is requesting
    a modification which eliminates
    the specific
    requirements
    of Phase II of the compliance program by allowing
    the subs
    t
    i tiu Li on of an
    a I tornat~iveincaen ci compT
    i aace
    -
    The
    Company does not believe that the second deep well is presently
    required and also proposes to install
    an auxiliary power source
    rather than the elevated storaqe tank.
    The Agency noted in their Recommendation, which was filed
    on October 15,
    1976,
    that the Company~s alternate plans appear
    to be adequate
    (Rec.
    4).
    As
    a result of Phase
    I,
    the system
    is yielding sufficient water
    to serve the existing population.
    The proposed standby power source along with the 150,000 gallons
    of ground storage located at the supply provide an acceptable
    substitute for the elevated storage required by the Board Order
    24
    253

    —2—
    (Rec.
    3).
    The Agency therefore recommends that relief be granted
    subject
    to certain maintenance and reporting requirements.
    The
    Agency also recommends that the Company install
    five recording
    pressure gauges at representative points throughout the system.
    The Company,
    by
    a Reply filed on November
    1,
    1976,
    agrees to
    accept these conditions as part of any Board Order,
    Although
    the Agency further recommends
    that the Board retain jurisdiction
    of this matter so that
    a review of the supply’s operation can be
    made at the end of two years,
    the Board declines
    to include
    this
    condition.
    In view of the fact that the Agency finds the Company’s
    plans to be adequate, the Board
    finds no reason to retain juris-
    diction.
    If,
    in the future,
    the supply proves
    to be inadequate
    for any reason,
    and the Company
    fails
    to take appropriate corrective
    action,
    the Agency can bring an enforcement action,
    In view of the foregoing, the Board is disposed to grant the
    relief requested.
    Phase
    II was intended to be only
    a part of a
    program to eliminate deficiencies
    in the Companyts water supply.
    Since
    the oarties agree that these alternate programs will accom-
    plish the same results
    as originally envisioned by Phase II,
    there
    is no reason to deny the Company the requested relief.
    Nothing herein shall be construed,
    however,
    to relieve Petitioner
    Lake in the Hills Water Company from compliance with any provision
    of any Order of the Illinois Commerce Commission affecting Peti-
    tioner which has been or may be entered by the Illinois Commerce
    Commission or from compliance with any rule or regulation of the
    Commission.
    This Opinion constitutes the Board’s findings of fact and
    conclusions
    of law in this matter.
    ORDER
    IT IS THE ORDER OF THE BOARD that Petitioner, Lake in the
    Hills Water Company, be granted a variance from our Order entered
    on October
    10, 1972
    in PCB 72-197 to allow Petitioner
    to forego
    the installation of the second deep well and to allow the installa-
    tion of an auxiliary power system in
    lieu of the elevated storage
    required
    by Paragraph
    3 of our October
    10,
    1972 Order, subject
    to
    t-lie
    iol
    I
    OW
    I
    In
    (~
    aid
    j
    j
    1.
    The Company shall maintain records of complaints of
    pressure or red water problems from consumers along with the nor-
    mal operating records, and submit these records
    to the Agency on
    a monthly basis until January 1979.
    2.
    The Company shall conform to the manufacturer~smainte-
    nance schedules for its well pumps and submit records of this
    maintenance with its monthly operational reports until January
    1979.
    24
    254

    —3—
    3.
    The Company shall obtain five recording pressure gauges
    approved by the Agency
    to be placed at representative points
    throughout the system to be determined
    in consultation with the
    Agency.
    The
    Company
    of
    the
    supply
    will
    notify
    the
    Agency
    in
    its
    monthly
    reports
    of
    any
    incidences
    of
    pressure
    dropping
    below
    20
    pounds
    per
    square
    inch.
    In
    the
    event
    of
    such
    incidents,
    the
    Company
    will
    take
    the
    necessary
    precautionary
    steps
    as
    provided
    for
    in
    the
    Board’s
    rules
    and
    regulations.
    4.
    Within
    30 days of the date of adoption of
    this Order,
    Petitioner,
    Lake
    in
    the
    Hills
    Water
    Company,
    shall
    complete
    and
    submit
    to
    the
    Environmental
    Protection
    Agency,
    Division
    of
    Public
    Water Supply,
    2200 Churchill Road,
    Springfield,
    Illinois,
    62706,
    the following certification:
    CERTIFICATION
    I,
    (We), ___________________________
    having
    read
    the
    Order
    of
    the
    Illinois
    Pollution
    Con-
    trol Board in PCB 76-212, understand and accept
    said
    Order,
    realizing
    that
    such
    acceptance
    renders all terms and conditions thereof binding
    and
    enforceable.
    SIGNED
    TITLE
    DATE
    .1
    ,
    (Thri a
    Liii
    L.
    MoiI~Li,
    Clerk.
    ol
    LIi~
    I
    1~Ileo in
    Po.1
    I
    uiion
    Control
    Board,
    hereby
    certify
    the
    above
    Oninion
    and
    Order
    were
    adopted
    n
    the
    j~4~
    day
    of
    ~
    1976 by a
    vote
    of
    -~
    Christan
    L.
    offet
    lerk
    Illinois
    Pollution
    trol
    Board
    24
    255

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