ILLINOIS POLLUTION CONTROL BOARD
    February 7, 1980
    BRADLEY HEIGHTS WATfl SYSTEM, INC.,
    )
    )
    Petitioner,
    )
    )
    v.
    )
    PCB 79—107
    )
    ENVIRONMENTAL
    PROTECTION
    AGENCY,
    )
    I,
    Respondent.
    MR.
    STEVEN
    L.
    NORDQUIST:
    NORDQUIST
    & ANDERSON appeared on
    behalf of Petitioner.
    MS
    NANCY
    J.
    BENNETT,
    ASSISTANT
    ATTORNEY
    GENERAL, appeared
    on behalf of the Agency.
    OPINION AND ORDER OF THE BOARD (by Mr. Dumelle):
    Petitioner has requested a variance from Rule 305:
    Chlorination of
    Chapter
    6:
    Public
    Water
    Supplies
    and
    Technical
    Policy
    Statement
    212
    D
    2:
    Hydropneumatic
    Storage
    Facilities
    adopted
    by
    the
    Agency
    under
    authority
    delegated
    by
    the
    Board
    under
    Rule
    212:
    Design,
    Operation
    and
    Maintenance
    Criteria
    of
    Chapter
    6:
    Public
    Water
    Supplies.
    The
    Agency
    has
    recommended
    that
    the
    variance
    be
    granted
    in
    part
    and
    denied
    in
    part.
    A
    hearing
    was
    held
    at
    City
    Hall
    in
    Rockford
    on
    November
    19,
    1979.
    Petitioner
    operates
    a
    public
    water
    supply
    which
    serves
    approximately
    50
    families
    in
    an
    unincorporated
    area
    near
    Rockford
    (R.12).
    The
    supply
    consists
    of
    two
    pumps
    which
    draw
    fran
    wells
    which
    are
    125
    and
    450
    feet
    deep
    (R.25).
    Both
    pqmps
    direct
    water
    into
    one
    main
    which
    consists
    of
    50
    year
    old
    small
    size
    pipe
    running
    directly
    to
    service
    connections
    behind
    each
    customer’s
    home
    (R. 26).
    The
    supply
    does
    not
    include
    any
    hydrants
    (R.26).
    Fluoride
    is
    presently
    being
    added,
    but chlorine
    is
    not
    (R.31).
    The
    main
    runs
    generally
    behind
    each
    home
    (R.
    27).
    All
    homes
    in
    the
    system
    discharge
    to
    sewers
    in
    front
    of
    each
    home
    which
    carry
    sewage
    to
    facilities
    operated
    by
    the
    Rockford
    Sanitary
    District
    (R.77).
    The
    pumps
    lie
    100
    feet
    above
    the
    flood
    stage
    of
    the
    37—357

    —4’—
    Rock River, and no surrounding subdivision is higher
    (R. 76).
    Whenever a break occurs in a main, the area round the break
    is cleaned and low pressure is avoided (R.32).
    Pressure in
    the system is then dropped
    to
    zero
    and
    the
    customers
    are
    instructed not to drink the water until the certified
    operator
    has
    received
    satisfactory
    results
    from
    bacteriological
    samples
    (R.33).
    Petitioner’s
    present
    fluoridation
    metering
    system
    can
    be
    used
    to
    temporarily
    chlorinate
    the
    system
    in
    the
    event
    of
    an
    emergency
    (Petition,
    p.2).
    A soft red material, identified as nuisance bacteria
    (R.
    29,
    Ex.2) pervades the system (R.55,91).
    Chlorination would
    kill this bacteria and cause it to slough off (R.31,92).
    The
    bacteria
    could
    be
    removed
    with
    mechanical
    cleaning.
    One
    estimate
    to
    do
    this
    cleaning
    came
    to
    $20,000
    (R.71).
    Hydrants could be added to aid in flushing the system at
    a cost of $5—8,000 without including necessary landscaping
    (R.75).
    Mechanical cleaning might damage the weaker
    portions of the mains
    (R. 99).
    Under present circumstances,
    flushing would have to be done through each home in the
    system
    and
    might
    cause
    damage
    there
    (R. 95).
    The
    entire
    system
    could
    be
    replaced
    at
    a
    cost
    of
    approximately
    $60—70,000 (R.98).
    While chlorination would remove the
    bacteria, the sloughing off process would take at least 3-5
    months (R.87).
    Petitioner feels that it should not be required to pursue
    any of these alternatives.
    A bill which is presently
    pending before the General Assembly could require the entire
    area
    to
    be
    annexed
    to
    the
    City
    of
    Rockford.
    The
    bill
    is
    expected to be adopted into law
    (R. 21).
    Petitioner feels
    that installation of chlorination at an initial cost of
    $12,100 and a yearly cost of $5,500, which translates to
    costs of $220 and $100 per family respectively (Petition—
    attachment), or any of the costs listed above for cleaning
    would be unreasonable in this case.
    Petitioner claims that
    it
    knows
    of
    no
    health
    problems
    which
    can
    be
    attributed
    to
    its
    presently
    unchlorinated
    system
    (R.14).
    In
    addition
    Petitioner feels that chlorination would endanger the system
    by causing the formation of trihalomethanes
    (R.143) although
    no evidence was
    submitted
    to
    show
    that
    the
    necessary
    organics occur
    in
    the
    system to form these compounds.
    The Agency feels that installation of a hypochlorinator
    would cost $500—iSO
    (R.157).
    The Agency admits that
    Petitioner’s lack of hydrants makes its system unique but
    feels that the system could be flushed through individual
    taps (R.160).
    In its Recommendation the Agency places an
    estimate for installation of chlorination at $20.50 per
    family initially and $1.50 per year thereafter (Paragraph
    8).
    37—358

    —3-.
    The Board concludes
    that
    denial of a variance from Rule 305
    would constitute arbitrary or unreasonable hardship.
    Petitioner’
    s
    circumstances
    are
    unique
    in
    that
    the
    present
    water
    system
    m~ybe replaced in the near future with the
    passage of Senate Bill 1404. Faced with that contingency,
    Petitioner should not be required to incur capital expenses
    for chlorination.
    Because Petitioner’s system is so small,
    incidences of contamination should be avoided through
    initiation of a program to prevent cross connections. While
    the record contains substantial evidence of the need to
    postpone
    installation
    of
    expanded
    hydropneumatic
    storage
    facilities, the Board concludes that the Agency alone has
    jurisdiction to grant initial relief from this requirement.
    The
    Technical
    Policy
    Statement
    which
    underlies
    this
    requirement
    is
    an
    Agency
    rule
    which
    has
    never
    been
    proposed
    to or adopted by the Board.
    In an Opinion dated January 10,
    1979, the Attorney General looked with favor on the Board’s
    own interpretation of Rule 212 when the Board
    adopted
    the
    Rule.
    In its Opinion in R73—13 dated January 3,
    1975 the
    Board
    stated
    that
    Technical
    Policy
    Statements
    should
    be
    chal lenged
    in
    the
    context
    of
    a
    permit
    appeal.
    The
    Board
    concludes
    that
    a
    period
    of
    two
    years
    should
    provide
    ample
    time to await the outcome of Senate Bill 1404 and the
    accompanying replacement of Petitioner’s present system
    after annexation.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    1.
    Petitioner is hereby granted a variance from Ruló 305
    of Chapter 6:
    Public Water Supplies for two years from
    the date of this Order subject to the following
    conditions:
    A)
    Within 60 days of the date of this Order,
    Petitioner shall submit an acceptable plan to
    the Agency which shall detail Petitioner’s
    program to minimize contamination through
    sanitation practices and the prevention of
    cross connections.
    B)
    Within 45 days of the date of this Order,
    Petitioner shall execute a certification of
    acceptance and agreement to be
    bound
    to the
    terms and conditions of this variance.
    This
    45
    day
    period shall be held in abeyance if this
    matter
    is
    appealed.
    The
    certification
    shall
    be
    forwarded
    to
    the
    Illinois
    Environmental
    Protection
    Agency, Division of Public Water Supplies, 2200
    Churchill Road, Springfield, Illinois 62706 and shall
    read as follows:
    -
    37—359

    CERTIFICATION
    I,
    (We), _________________________
    ___,
    having
    read and fully understanding the Order in PCB 79—107, hereby
    accept that Order and agree to be bound by
    all
    of its terms
    and conditions,
    SIGNED
    TITLE
    DATE
    2,
    Petitioner~srequest
    for a variance from Technical Policy
    statement 212 D.2 is hereby denied,
    IT IS SO ORDERED~
    I,
    Christan
    L,
    Moffett, Clerk of the
    Illinois
    Pollution
    Control Board, hereby c~rtifythat
    t
    e a ove Opinion and
    Order
    were adopted on the
    1~’’
    day of
    ____________________,
    1980
    by a vote of
    ____________
    Illinois Pollution
    trol Board
    37—360

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