ILLINOIS POLLUTION CONTROL BOARD
    October 29,
    1992
    HERNAN W.
    PRESCOTT,
    Complainant,
    PCB 90—187
    v.
    )
    (Enforcement)
    CITY OF SYCANORE,
    )
    Respondent.
    INTERIM ORDER OF THE BOARD
    (by R.
    C.
    Flemal):
    This matter comes before the Board on a complaint filed
    October
    16,
    1992 by Herman Prescott (Prescott or complainant)
    against the City of Sycamore
    (Sycamore).
    The complaint alleges
    that Sycamore has violated
    35 Ill. Adm. Code 653.604 of Subtitle
    F, Public Water Supplies,
    by failing to maintain the required
    amount of chlorine residual
    in all active parts of the
    distribution system.
    Prescott requests that the Board order
    Sycamore “to supply the Northeast section of the City with a
    steady supply of chlorine up to
    standards
    *
    *
    *“
    and to conform
    to the recommendations of the Illinois Environmental Protection
    Agency
    (Agency),
    as contained in a letter attached to the
    complaint.
    (complaint at ¶9.)
    On December 20,
    1990 the Board denied a motion to dismiss
    this action filed by Sycamore.
    (Prescott v.
    Sycamore (December
    20,
    1990), PCB 90—187,
    117
    PCB 153.)
    In its order,
    the Board
    found that the alleged violations of 35
    Ill.
    Adm. Code 654.403
    contained in the complaint were improper because that section
    contains unenforceable secondary maximum contaminant levels for
    finished water.
    The Board also found that allegations related to
    iron and manganese were contained in the complaint,
    but that the
    complaint contained no citation to any applicable section of the
    Board regulations
    or Environmental Protection Act
    (Act)
    regarding
    the manganese and iron concentrations which Sycamore is claimed
    to have violated.
    The Board declined to dismiss the matter for
    this reason,
    stating that the complainant could either file an
    amended complaint or amend his pleadings to conform to the proof
    at hearing.
    (Id.
    at 2.)
    Prescott has not so amended his
    complaint or pleadings,
    and the Board will proceed on the alleged
    violation of Section 653.604 only.
    Hearing was held on June
    2 and
    3,
    1992,
    in Sycamore,
    Illinois.
    No members of the public were in attendance,
    as noted
    by the hearing officer.
    Prescott filed his brief
    on July 16,
    1992;
    Sycamore
    filed
    its response brief on July 31,
    1992;
    Prescott filed his reply to Sycamore’s response on August
    7,
    1992.
    0137-0033
    2
    APPLICABLE
    LAW
    The Board regulations at 35
    Ill. Adm. Code 604.401 require
    public water supplies to chlorinate their water before it enters
    the distribution system.
    Section 604.401(b)
    of the Board’s
    regulations provides for the Agency to set levels and to
    promulgate procedures for chlorination of public water supplies.
    The Agency has set chlorine levels at Section 653.604.
    The
    section requires as follows:
    A minimum free chlorine residual of 0.2 xng/L or a
    minimum combined residual of 0.5 mg/L shall be
    maintained in all active parts of the distribution
    system at all times.
    It is this chlorine residual requirement contained in Section
    653.604 that Prescott alleges Sycamore has violated.
    The Board notes that prior to the filing of Prescott’s
    complaint, the Board amended its public water supply regulations
    and that Section 604.401 was amended.
    (In re Safe Drinking Water
    Act Regulations
    (August
    9,
    1990), R88-26,
    114 PCB 149.)
    Section
    604.401 applies only until the effective date has passed for the
    filtration and disinfection requirements of new Subpart B of Part
    611’,
    pertaining to
    a particular public water supply.
    The dates
    are set out for each type of public water supply,
    classified by
    source,
    in Section 611.240.
    One of the following effective dates
    for different types
    of groundwater sources would apply to
    Sycamore’s water source:
    b)
    A supplier that uses
    a groundwater source under
    the influence of surface water and does not
    provide filtration treatment shall provide
    disinfection treatment specified in Section
    611.241 beginning December
    30,
    1991,
    or
    18 months
    after the Agency determines that the groundwater
    source is under the influence of surface water,
    whichever is later,
    unless the Agency has
    determined that filtration is required.
    C)
    If the Agency determines that filtration is
    required, the Agency may,
    by special exception
    permit,
    require the supplier to comply with
    interim disinfection requirements before
    filtration is installed.
    *
    *
    *
    The new disinfection requirements also include sampling
    requirements that are drastically different than any sampling
    conducted thus far
    in this proceeding.
    0
    37-003L.
    3
    e)
    A system that uses
    a groundwater source under the
    direct influence of surface water ai~dprovides
    filtration treatment shall provide disinfection
    treatment as specified in Section 611.242
    by June
    29,
    1993 or beginning when filtration is
    installed, whichever is later.
    *
    *
    *
    g)
    CWS suppliers using groundwater which is not under
    the direct influence of surface water shall
    provide disinfection pursuant to Section 611.241
    or 611.242, unless the Agency has granted the
    supplier an exemption pursuant to Section 17(b)
    of
    the Act.
    (Section 611.240.)
    It
    is possible that disinfection requirements of Part 611 apply
    to this system,
    and that the chlorination requirements of Section
    604.401
    (and of Section 653.604 which proceeds from Section
    604.401)
    are no longer in effect for this source,
    or have not
    been in effect prior to the filing of the complaint.
    Neither the
    complainant nor any other party has supplied the Board with
    information of what type of supply this
    is, other than it
    is a
    groundwater system.
    Therefore,
    in order to proceed to
    a
    determination
    in this matter, the parties must supply the Board
    with the factual information of what type of system this
    is so
    that the correct effective date and sampling requirements may be
    applied.
    The Board orders the parties to submit a document to inform
    the Board of the type of public water system used by Sycamore,
    according to the categories listed above from Section 611.240.
    The parties may submit this document in the form of a
    stipulation,
    or individual documents,
    to be received by the Board
    no later than November 16,
    1992.
    IT IS SO ORDERED.
    I,
    Dorothy N.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board~hereby certify ~
    the above interim order was adopted on
    the ~
    day of ________________________,
    1992,
    by a vote of
    ~--1~_
    ?‘~t_7/)~
    Dorothy M.
    ~Inn,
    Clerk
    Illinois PO~ution Control Board
    0137-0035

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