ILLINOIS POLLUTION CONTROL BOARD
    April 11,
    1991
    LAKE COUNTY PUBLIC WORKS DEPARTMENT,
    )
    WILDWOOD SUBDIVISION WATER SUPPLY
    SYSTEM,
    )
    Petitioner,
    )
    V.
    )
    PCB 87—107
    )
    (Variance)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by J. Theodore Meyer):
    This matter
    is
    before the
    Board
    on petitioner Lake
    County
    Public Works Department’s
    (County) March 20,
    1991 motion to amend
    internal variance
    deadlines.
    Respondent
    Illinois Environmental
    Protection Agency
    (Agency)
    filed
    its response to the motion
    on
    April
    1,
    1991.
    On April
    7,
    1988,
    this Board granted the County
    a
    five-year
    variance from restricted status for combined radiuxn—226 and radium—
    228.
    The Board’s order provided for
    a two—step compliance plan.
    First,
    the County was
    to construct two new shallow wells
    for
    a
    blending program with water from existing deep wells.
    Second, the
    County was directed to continue its participation in the Central
    Lake County Joint Action Water Agency
    (JAWA)
    for the purpose of
    delivering Lake Michigan water to the Wildwood subdivision water
    system
    (the subject of this variance) by 1995.
    Condition 6 of the
    variance order stated:
    Construction allowed on said construction permits
    for
    shallow wells and associated improvements
    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
    standard for combined radium shall begin no
    later than
    two years from the grant of this variance April
    7, 1990
    and shall be completed no later than three years from the
    grant of this variance April
    7,
    1991.
    Condition
    7
    stated
    that
    failure
    to
    meet
    any
    of
    the
    dates
    in
    paragraphs 4,
    5 and 6 would result in termination of this variance.
    In
    its motion to amend internal deadlines,
    the County
    asks
    that the Board modify the existing variance so that the variance
    does not expire
    on April
    7,
    1991 pursuant to Condition
    7.
    The
    County states that has completed the first step of the compliance
    12 1—05
    2
    plan (the blending aspect), but that this portion was unsuccessful.
    The County states that construction of the shallow blending wells
    turned up only dry wells,
    despite the efforts of
    its engineers.
    Therefore, the County states that it will not be in compliance with
    the combined radium standard within three years
    of the grant
    of
    variance,
    “as provided
    in paragraph
    6”
    of
    the Board’s variance
    order.
    The
    County
    notes
    that
    it has met
    all
    requirements
    of
    Conditions 4 and 5.
    The County also contends that it has proceeded
    with
    its membership
    in JAWA,
    and that
    it anticipates that Lake
    Michigan water will be available to Wildwood by mid-1992.
    Thus,
    the
    County
    anticipates
    that
    the
    Wildwood
    system
    will
    be
    in
    compliance with the combined radium standard before the April
    7,
    1993 expiration of this variance.
    In its response, the Agency notes that the County has spent
    $124,540
    in
    efforts
    to
    comply with both phases
    of
    the
    Board’s
    order,
    and
    that
    the
    County
    has
    been
    making
    efforts
    towards
    compliance with the
    standard.
    The Agency believes
    that
    if
    the
    County’s motion
    is
    denied,
    the County will
    suffer arbitrary or
    unreasonable hardship.
    Therefore,
    the Agency requests that the
    Board grant the County’s requested relief.
    After reading the April
    7,
    1988 order carefully,
    the Board
    believes that the County and the Agency have misread Condition 6.
    Condition 6 requires only that the County complete construction on
    the phase
    I
    blending program
    by
    April
    7,
    1991.
    Although the
    condition might be vaguely worded, there is no requirement that the
    County actually be in compliance with the combined radium standard.
    If the condition had actually required compliance with the standard
    by April 7,
    1991,
    there would have been no reason for the Board to
    grant variance until April 7,
    1993.
    The Board will not require the
    County to proceed with construction of any improvements associated
    with the blending program, since the wells are dry.
    Therefore, the
    Board finds that the County is in compliance with Condition
    6 of
    its variance.
    The Board cautions the County that the Board expects
    the County to continue to proceed with its efforts to obtain Lake
    Michigan water
    as quickly as possible.
    Because the Board finds
    that the County is in compliance with Condition 6, the Board denies
    the County’s motion as unnecessary.
    IT IS SO ORDERED.
    J.D. Dumelle and B. Forcade concurred.
    I,
    Dorothy N.
    Gunn,
    Clerk
    of the Illinois Pollution Control
    Board
    hereby certify that the above
    Order
    was adopted
    on the
    //7~
    day of
    ~tt2~
    ,
    1991, by a vote of
    7-0
    /
    ~
    I?L.
    Dorothy N. c~hn,C1er)~
    Illinois PoJ~VutionControl Board
    121—06

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