ILLINOIS POLLUTION CONTROL BOARD
    April 26,
    1979
    VILLAGE
    OF ALGONQUIN,
    Petitioner,
    v.
    )
    PCB
    78—3
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    SUPPLEMENTARY OPINION AND ORDER OF THE BOARD
    (by Mr. Dumelle):
    On March 30,
    1978 the Board denied Petitioner
    a variance
    from the standard for barium in Rule 304 B
    4 of Chapter
    6:
    Public Water Supplies.
    On May 11,
    1978 the Board granted
    Petitioner~smotion to reconsider the prior denial
    of a
    variance and agreed to reevaluate the prior decision.
    The
    Agency has recommended that a variance be granted subject
    to conditions.
    A hearing was held on February 28, 1979
    in
    the Algonquin City Hall.
    On October
    2,
    1978 the USEPA issued a draft guidance
    concerning
    the issuance of variances and exemptions under
    the Safe Drinking Water Act.
    The guidance document stated
    that exemptions could be granted for barium up to
    4 mg/i
    providing
    no adverse health effects attributable to the
    drinking water are discernible.
    A full
    discussion
    of the
    USEPA
    document
    is contained in City of Crystal Lake v.
    EPA,
    PCB 77-332
    (March 29,
    1979).
    The exemption period presently
    applicable can run until January
    1,
    1981.
    Petitioner indicated at
    the hearing that a new well
    has been developed,
    designated Well
    #5,
    from a shallow
    aquifer.
    Initial pumping records indicate a capacity of 400
    gallons per minute which provides approximately 75
    of
    Petitioner~saverage daily demand,
    Mineral analysis
    of the
    well water indicates that barium is within acceptable limits
    (0,06 mg/l).
    Thus Well
    #5 in combination with Well
    #1
    appears to be able
    to provide Petitioner with an adequate
    supply of barium free water.
    Supplementation of the wells
    may require exploration for and development of additional
    barium free sources.
    Also,
    it
    is possible that Well
    #5 may
    require additional treatment should the water develop un-
    acceptable mineral quality.
    The Agency is aware that a new
    well
    should be placed in service for some time before both
    its
    long term capacity and mineral content can be fully
    evaluated.
    33—375
    —2
    The Agency supports
    a variance in this instance.
    Petitioner has indicated that the existing wells will supply
    the village with water in which the barium content does not
    exceed
    4 mg/i.
    Although USEPA may consider changing the
    Federal barium standard or the date for compliance,
    the
    Agency does not believe that Petitioner should rely on this
    contingency.
    Consequently,
    the Agency recommends and the
    Board will require that Petitioner devise
    a compliance plan
    within
    6 months to meet the present standard.
    This Opinion constitutes the Board’s finding of
    fact
    and conclusions of law in this matter.
    ORDER
    It
    is the Order of the Pollution Control Board that
    Petitioner be granted a variance from the maximum concentration
    limit for barium in Rule 304 B
    4
    of Chapter
    6:
    Public Water
    Supplies dating from January
    3,
    1978 until January
    1,
    1981
    subject to the following conditions:
    1)
    Petitioner shall maintain a level
    of 4.0 mg/i
    barium or less
    in its finished water.
    2)
    Petitioner
    shall place Well
    #5
    in service
    in
    accordance with the Agency’s permitting requirements
    and use
    it
    to the fullest extent, consistent with
    good engineering practices.
    3)
    Within six months of the date of this Order,
    Petitioner shall develop a program which will
    result in compliance with the present barium
    standard
    (1.0 mg/l) and shall submit the program
    to the Agency for approval.
    If the program,
    as
    approved, provides for the installation of
    new
    equipment or the development of additional
    raw
    water sources, Petitioner shall obtain the necessary
    Agency permits and submit quarterly progress
    reports to the Agency.
    3)
    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:
    33—3 76
    —3—
    CERTIFICATION
    I
    (We),
    ,
    having
    read and fully understanding the Order in PCB 77-332,
    hereby
    accept that Order and agree to be bound by all
    of its terms
    and conditions.
    SIGNED _________________________
    TITLE __________________________
    DATE ____________________________
    I, Christan L.
    Moffett,
    Clerk of the Illinois Pollution
    Control Board,
    hereby cer~ifythe above Opinion and Order
    were adopted on the
    ~
    day of
    ______________,
    l979byavoteof
    __________________
    Illinois Pollution
    1 Board
    33—377

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