ILLINOIS
    POLLUTION
    CONTROL BOARD
    December 3,
    1981
    VILLAGE
    OF
    RIO,
    )
    Petitioner,
    v.
    j
    PCB
    81—146
    ILLINOIS
    ENVIRONMENTAL
    PROTECTION
    AGENCY,
    Respondent.
    OPINION
    AND
    ORDER
    OF
    THE
    BOARD
    (by
    7.
    Anderson):
    This
    matter
    comes
    before
    the
    Board
    on
    the
    Village
    of
    Rio’s
    (Village) September 12,
    1981 petition for variance from the 2.0
    mg/l fluoride concentration limit of Rule 304(B) (4) of Qiapter 6:
    Public Water Supplies.
    The Village had previously been granted
    a fluoride variance in PCB 78—218 (October 19, 1978), which record
    is incorporated into this one.
    On September 28, 1981 the Illinois
    Environmental Protection Agency (Agency) filed its Recommendation
    in
    support
    of
    grant
    of variance.
    Hearing
    was
    waived
    and
    none
    has
    been
    held.
    In 1979, the Village of Rio,
    located in northwestern Knox
    County, completed construction of a second 675 feet deep well
    to
    serve
    the
    water
    needs
    of
    its
    population
    of
    approximately
    300
    persons.
    While
    the
    Village
    does not
    so
    state,
    the Board assumes
    that the fluoride content of the
    new
    well ranges from 2.0 to 2.4
    mg/l as does that of the older well tapping the
    same
    aquifer (PCB
    78218 at 2).
    The Village reasserts that the bone char adsorption
    process remains the most feasible compliance option, at a cost of
    approximately $160,000 in total installation costs.
    The typical
    water user’s monthly charge for water has risen from $8 in 1978
    to
    $14, due to debt repayment for 1979 water
    system
    improvements.
    It
    is
    estimated
    that
    an
    additional
    $35 per month would be added
    to this if fluoride removal is required.
    Finally, the Village contends, and the Agency does not
    dispute, that no adverse effect upon the health of its residents
    can be
    anticipated
    from
    consumption
    of
    fluoride
    at
    these
    levels.
    The Board again finds that the Village has demonstrated that
    immediate
    compliance
    would
    impose
    an
    arbitrary
    and
    unreasonable
    hardship on its water users.
    The Agency acknowledges that this
    petition falls in line with recent cases in which the Board has
    44—175
    2
    granted 5 year variances to small municipalities, but believes
    variance can be recommended only through January 1,
    1984, the
    current deadline for exemptions under Section 1416 of the Safe
    Drinking Water Act,
    42 U.S.C. 300(g)-S.
    For the reasons stated
    in previous opinions, consistent with S1415 of the SDWA which
    has
    no
    deadline,
    the Board grants variance for a five year
    period,
    subject
    to
    the
    conditions
    outlined
    in
    the
    attached
    Order.
    (See
    City
    of
    Minonk,
    PCB
    80—136,
    October
    2,
    1980,
    and
    cases cited
    therein at p.
    3.)
    This Opinion constitutes the Board’s findings of fact and
    conclusions of
    law
    in this matter.
    ORDER
    1.
    Petitioner, the Village of Rio, is granted a five year
    variance from the 2.0 mg/l maximum fluoride concentration standard
    of Rule 304(B)(4) of Chapter 6:
    Public Water Supplies, subject to
    the following conditions:
    a.
    Beginning on or about June 1, 1982, and at
    six
    month intervals thereafter, the Petitioner shall
    communicate with the
    Agency
    in order to ascertain
    whether
    fluoride
    removal
    techniques
    specifically
    applicable
    to
    small
    systems have been developed and
    identified.
    As expeditiously after such identification
    as is practicable, Petitioner shall
    submit
    to the Agency
    a program (with increments of progress) for bringing its
    system into compliance with fluoride standards.
    b.
    Petitioner shall take all reasonable measures
    with
    its
    existing
    equipment
    to
    minimize
    the
    level
    of
    fluoride
    in
    its
    water
    supply
    and
    shall
    not
    allow
    the
    fluoride concentration to exceed 4.0 mg/l.
    c.
    Pursuant to Rule 313(D)(1) of Chapter
    6, on
    or before Jaunary 30, 1982 and
    every
    three months
    thereafter Petitioner will send to each user of its
    public water supply a written notice to the effect that
    Petitioner has been granted by the Pollution Control
    Board a variance from the 2.0 mg/l
    maximum
    fluoride
    standard.
    The notice shall
    state
    the average content
    of fluoride in samples taken since the last notice
    period during which samples were taken.
    2.
    Within forty—five days of the date of this Order,
    Petitioner shall execute and forward to the Illinois Environmental
    Protection Agency, PuS Enforcement Programs, 2200 Churchill Road,
    Springfield, Illinois
    62706, a Certificate of Acceptance
    and
    Agreement to be bound to all terms and conditions of this variance.
    This forty-five day period shall be held in abeyance for any period
    this matter is being appealed.
    The form of the certificate shall
    be as follows:
    44—176
    3
    CERTIFICATION
    I,
    (We),
    ,
    having read
    the Order of the Illinois Pollution Control Board in PCB 81-146,
    dated __________________________________,
    understand and accept the
    said Order, realizing that such acceptance renders all terms and
    conditions thereto binding and enforceable.
    Petitioner
    By:
    Authorized Agent
    Title
    Date
    IT
    IS SO ORDERED.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, her~ycertify thatj~theaboye Opinion and Order was
    adopted qn the
    ______
    day of ________________________,
    1981 by a
    vote of
    ~S~o
    C?L~
    .L~
    Christan L. Moffêift/~Clerk
    Illinois Pollutiofr~G6ntrolBoard
    44—177

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