ILLINOIS POLLUTION CONTROL BOARD
    October 18, 1979
    VILLAGE OF WAUCONDA,
    Petitioner,
    v.
    )
    PCB 79—185
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Respondent.
    OPINION AND ORDER OF THE BOPI~RD (by Mr.
    u~elle.~
    Petitioner has requested a variance from the drinking
    water standard for barium in Rule 304 B
    4 of Chapter
    6:
    Public Water Supplies.
    The Agency has recommended that the
    Petition be dismissed or,
    in the alternative,
    be granted
    subject to conditions.
    No hearing was held.
    Petitioner operates four water supply wells.
    Three of
    these wells pump from raw water sources which comply with
    the barium standard of 1.0
    rng/l.
    These three wells have
    a
    total capacity of 1.368 million gallons per day
    (MGD) and
    are adequate to handle Petitioner1s needs except for cases
    of mechanical or electrical failure or during fires.
    The
    fourth well, which has a barium content of 3.6 mg/i,
    is
    disconnected from Petitioner~sdistribution system. Petitioner
    has requested relief for those emergency periods when the
    fourth well may be needed.
    In City
    of Breese
    v. EPA, PCB 77—200,
    27 PCB 207,
    August
    4,
    1977,
    the Board addressed a similar situation and
    stated as follows:
    “The Board in the
    past has ref~isedto acce~ptpe~titions
    which,
    as here,
    anticipate an emergency condition
    before the fact, and request relief in case the emergency
    occurs.
    The Variance Section of the Environmental
    Protection Act does not envision such relief
    .
    .
    .
    The
    Board therefore will dismiss the Breese petition as
    inappropriate and note that an emergency situation
    would be
    a matter of evidence in any enforcement action
    that might be brought before the Board subsequent to
    the use of emergency equipment.”
    The Board hereby reaffirms its position on contingent
    or emergency variances.
    In this case Petitioner has not
    shown any circumstances which would distinguish its request
    from Breese’s.
    Consequently this Petition shall be dismissed.
    35—541
    —2—
    This Opinion constitutes the Board’s findings of fact
    and conclusions of law in this matter.
    ORDER
    Petitioner’s request for a variance from the drinking
    water standard for barium in Rule 304 B
    4 is hereby dismissed.
    IT IS SO ORDERED.
    I, Christan L.
    Moffett,
    Clerk of the Illinois Pollution
    Control Board, hereby certify the above Opinion a d Order
    were adopted on the
    ______________
    day of
    ______________
    1979 by a vote of
    q...~
    Christan L.
    Moffet
    Clerk
    Illinois Pollution
    ontrol Board
    35—542

    Back to top