ILLINOIS

LOLLIYTION

CONTROL

BOARD

January 19,

1989

VILLAGE

OF

PLAINFIELD,

)

Petitioner,

v.

)

P~B88—134

ILLINOIS

ENVIF~JNMENTAL

)

P!~DTECTIONAGENCY,

Respondent.

ORDER

OE~THE

BOARD

(by M. Nardulli):

On January 18,

1989,

the Petitioner, Village of Plainfield filed a tbtion

for Clarification of the Board’s December

15,

1988 Opinion

and

Order granting

a variance in the above captioned matter.

The Petitioner requests the Board

to

find the improvements to be constructed by the Petitioner to be water

treatment facilities as described in Ill. Rev. Stat. 1987, Chapter

24, Section

8—4—1(13).

In the motion, the Petitioner states that the Agerx~yhas

stipulated that the Pi~encyhas no objection to the inclusion of such a

clarification

of

the

Opinion

and Order and

that

the

~erx~y

would

join

in

said

motion.

In

pertinent

part

Ill.

Rev.

Stat.

1987,

Chapter

24,

Section

8—4—1(13)

states:

8—4—1.

Subnission

to

electors—Exceptions

8—4—1.

No

bonds

shall

be

issued

by

the

corporate

authorities

of

any

municipality

until

the

question

of

authorizing such bonds

has

been

subititted

to

the

electors

of

that municipality,

arid aporoved

by

a

majority

of

the

electors voting upon that question...

However, without the subnission of the question of

issuing bonds to the electors except as required under

paragraph (13), the corporate authorities of any

municipality may authorize

the issuance of

any

of the

following bonds:...

(13) Bonds

to finance the cost of the acquisition,

construction or improvement of water or wastewater

treatment facilities mandated

by

an

enforceable

canpliance

schedule

developed

in

connection

with

the

federal

Clean

Water

Act

or

a

compliance

order

issued

by

the

United

States

Enviror~ental Protection

P~ency

or

the

Illinois

Pollution

Control

Board;

provides

that

such

bonds

are

authorized

by

an

ordinance

adopted

by

a

three—

fifths majority of the corporate authorities of the

municipality issuing the bonds which ordinance shall

95—313

---

—2—

specify

that

the

construction

or

improvement

of

such

facilities

is

necessary

to

alleviate

an

emergency

condition in such municipality.

The construction and

equipment

which the Village of Plainfield will be

obligated

to

perform and install under the compliance plan clearly falls under

the terms of Section 8—4—1(13).

Therefore, the Board will reissue the order

to clarify this fact.

The reissued order

in the grant of variance follows.

O!~DER

Petitioner, Village of Plainfield,

is hereby granted extension of its

variance granted on April

16,

1987 from 35 Ill. Adm. Code 602.105(a), Standard

of Issuance, and from 35

Ill. Adm. Code 602.106(b), Restricted Status,

to the

extent those rules relate

to

35 Ill.

Adm. Code 604.301(a), combined radium—226

and radium—228 concentration and 35 Ill. kim. Code 604.301(b), gross alpha

particle activity, subject to the following conditions:

(A)

Compliance shall be achieved with the maximum

allowable concentrations by April

15,

1992.

(B)

This variance expires on April

15,

1992 or when

analysis pursuant to

35 Ill. Adm. Code 601. 104(a)

shows compliance with the standard for the

contaminants in question, whichever occurs first.

(C)

In consultation with the Agency, Petitioner shall

continue

its

sampling prngram to determine as

accurately as possible the level of radioactivity in

its wells and finished water.

Until this variance

expires, Petitioner

shall sample its water from its

distribution system at locations approved by the

Agency.

The Petitioner shall composite the

quarterly

samples

for

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

contaminants

in question.

The results of the

analyses

shall

be reported to the Compliance

Assurance Section,

Division

of

Public

Water

Supplies, 2200 Churchill Road,

Post Office Box

19276,

IEPA, Springfield,

Illinois 62704—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 results shall be

reported to the above address within 30 days of

receipt

of

the

most

recent

quarterly

sample.

95—314

---

—3—

(D)

By August

15, 1990,

Petitioner shall have applied to

IEPA,

DPWS,

Permit

Section,

for all

permits

necessary for construction of installations, changes

or additions to the Petitioner’s public water supply

needed for achieving compliance with the

maximum

allowable concentration for the standard

in

question.

(E)

Within three months after each construction permit

is issued by IEPA, DPWS,

the Petitioner shall

advertise for bids,

to be sub-nitted within 60 days,

from contractors to do the necessary work described

in the construction permit.

The Petitioner shall

notify the Agency, D~7S,within

30 days,

of each of

the following actions:

1) advertisements for bids,

2) names of successful bidders, and

3)

whether

Petitioner accepted the bids.

(F)

Construction allowed on said construction permits

shall begin within a reasonable time of bids being

accepted, but in any case, construction of all

installations, changes or additions necessary to

achieve compliance with the maximum allowable

concentration in question shall begin no later than

April 15, 1991 and shall be completed on April

15,

1992.

(G)

Pursuant to 35 Ill. kim. 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 Ill. kim. Code 602.105(a) Standards

of Issuance and

35

Ill. Mm. Code 602.106(b)

Restricted Status, as

it

relates

to

the MAC standard

in question.

(H)

Pursuant to

35 Ill. kim. 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 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 shal state the average content of the

contaminant in question

in samples taken

since

the

last notice period during which samples were taken.

95—315

---

—4—

(I)

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.

(J)

The Petitioner shall provide written progresss

reports to IEPA,

DPWS,

FOS every six months

concerning

steps

taken

to

comply

with

paragraphs

D,

E,

F

and

I.

Progress

reports

shall

quote

each

of

said

paragraphs

and

irrinediately

below

each paragraph

state what steps have

been

taken

to

comply

with

each

paragraph.

(K)

The

Board

hereby

states

that

the

acquisition,

construction

and

improvements

to

be

made

under

the

compliance plan that are a condition of the grant of

variance, involve costs as presented

in Ill. Rev.

Stat.

1987, Chapter

24, Section 8—4—1(13).

(L)

That within forty—five days of the grant of the

variance, Petitioner shall execute

and

forward

to

Bobella Glats, Enforcement Programs, Illinois

Environmental Protection Agency, 2200 Churchill

Road, Post Office Box 19276, Springfield,

Illinois

62794—9276,

a Certificate of Acceptance and

Agre~nentto be bound to all

terms and conditions of

the granted variance.

This forty—five

(45) day

period shall be held in abeyance for any period

during which this matter

is being appealed.

If the

Petitioner fails to execute and forward the

agreement within a forty—five (45) day period, the

variance shall be void.

The form of Certification

shall be as follows:

95—31 ~

---

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 88—134, December 15, 1988 as amended by

Board

Order of

January 19, 1989.

Petitioner

Authorized Agent

Title

LATE

IT IS SO ORDERED.

J.D.

IXimelle concurred.

I, t~rothyM G~inn,Clerk of the Illinois Pollution Control Board, hereby

certify that the above Order was adopted on the

/9’Z

day

of

_____________________,

1989, by a vote of

7~

Dorothy M. ain~4Clerk,

Illinois Pollution Control Board

95--317