ILLINOIS POLLUTION CONTROL BOARD
April
12,
1990
CITY OF OTTAWA,
)
Petitioner,
PCB 88—180
v.
)
(Variance)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
ORDER OF THE BOARD
(by N. Nardulli):
This
matter
comes
before
the
Board
on
a
“Petition
for
Modification
of
Pollution Control
Board Order
PCB 88-180”
filed
March
8,
1990
by petitioner,
the City of Ottawa
(“Ottawa”).
By
this petition,
Ottawa seeks modification of the Board’s April 27,
1989
Order
granting
Ottawa
a variance
from the
“Standards
for
Issuance”
(35 Ill. Adm.Code 602.105(a)) and “Restricted Status”
(35
Ill.
Adm.
Code 602.106(b))
regulations
as they apply
to combined
radium-226
and radiuni-228 until March
5,
1991.
Ottawa requests
modification
of paragraphs
F
and G
of the April
27,
1989
Order
which
required that construction
of the new deep
water
well
be
completed no later than March
5,
1990 and that all installations,
changes
and additions
necessary
to
achieve
compliance
with the
radium standards be completed by March
5,
1990.
Ottawa seeks
to
modify the Board’s Order to provide for a deadline of September
5,
1991 rather than March
5,
1990.
On
March
23,
1990,
the
Illinois
Environmental
Protection
Agency
(Agency)
filed its response stating that the Agency has no
objection to Ottawa’s petition.
The Agency notes,
however,
that
results of
a recent radium sampling of well
no.
12 may require an
even longer period for compliance than anticipated by Ottawa in the
instant petition.
Ottawa states that it has made a good-faith effort to meet the
deadlines set forth
in the Board’s April
27
1989 Order,
but has
been unable to do so for the following reasons:
1)
vandalism
to
drilling equipment delayed progress
for six weeks;
2)
delays
in
receiving lab results;
2) delays in investigating high radium zones
because
contractor
could not arrange
inspection time with
video
inspection
subcontractor;
3)
conflIcts
in
recommendations
of
geophysical
subcontractor
and
Ill.
State
Geological
Survey
personnel
re
:ccation
of
I
in~rs causc~ d~..ay;
4)
dei~ys
in
obtaining
qc~c’-~
fro:~
well diilJt~r~~
deiajs
in
s.~i~pingand
110-1 3
2
fabricating inflatable packer and test
pump;
6)
emergency water
shortage
in wells
in Lake Count required pump crews to shift
to
these wells;
7) packer hang up;
8)
delay
in removing sand due to
lack of correct equipment;
9)
gear box on well rig needed repairs;
10)
sand pump lodged in well.
By modifying the internal deadlines to September 5,
1991, the
time period of the variance
itself would need
to be extended to
September 5,
1992.
Therefore, the instant petition seeks not only
modification of internal deadlines, but also seeks an extension of
a prior Board Order granting a variance.
The Board may grant such
variance
extensions
if
satisfactory
progress
toward
achieving
compliance
is
shown.
(Ill.
Rev.
Stat.
1987,
ch.
111
1/2,
par.
1036(b).)
Based upon the foregoing,
the Board
finds that the instant
petition for modification must
be treated
as
a new petition for
variance rather than a motion for modification.
Consequently, the
Board finds the instant variance petition deficient with regard to
the requirements of 35 Ill. Adm Code 104.102 ~
~g.
If an amended
petition
is not filed within 45 days
of the date of this Order,
the petition will be subject
to dismissal.
Additionally, Ottawa
did not submit the requisite filing fee.
(See,
35
Ill.
Adm.
Code
lol.l20(b)(2).)
This
filing
fee
shall
be
submitted
with
the
amended petition.
Lastly,
the Board finds that the 120-day statutory decision
period does not begin to run until the amended petition and filing
fee are filed with the Board.
IT IS SO ORDERED.
I,
Dorothy M.
Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify that the above Order was adopted on the
/~~?~ day of
~
,
1990,
by a vote of
7—~I
/(
,,
/
/2,
-~-x.
Dorothy N. ‘.Gunn,
Clerk
Illinois Pollution Control Board
110—14