ILLINOIS POLLUTION CONTROL BOARD

August 21,

1980

LARCHMONT WATER CORPOR7~TION,

PetitIoner,

v.

)

PCB 80—141

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD

(by D.

Satchell):

On August

7,

1980 Larchmont Water Corporation

(Larchmont)

filed a petition for a variance from rules

in Chapter

6:

Public

Water Supplies.

Part

I requests

a variance from Rule 305 which

requires chlorination.

Part II requests a variance from Rule

207 as that rule applies to Technical Policy Statement 212(D) (2)

which concerns the size of hydropneumatic storage tanks.

Rule

207 provides:

The Agency shall not grant any construction permit

unless the applicant submits adequate proof that the

public water supply either conforms to the design cri-

teria promulgated by the Agency under Rule 212,

or is

based on such other criteria which the applicant proves

will produce consistently satisfactory results.

The Environmental Protection Act does not authorize the

Board to grant variances from Environmental Protection Agency

(Agency)

Technical Policy Statements

(Section 35).

Under Rule

207 the proper method of obtaining a permit for a facility which

does not conform with Agency criteria is to demonstrate that it

is based

on other criteria which will produce uconsistently

satisfactory results.”

This should be done by way of permit

application.

Review of Agency action is available pursuant to

Part V of the Procedural Rules.

Part II of the petition is

stricken.

Since the hearing request appears to relate also to

Part I, the Board will authorize

a hearing on Part I.

IT IS SO ORDERED.

---

I,

Christan

L. Moffett, Clerk of

the

Illinois Pollution

Control Board, hereby certify that

the

above Order

wa~s

adopted

on the

~

day of

~

1980 by a vote of

Christan

L. Moff~, Clerk

Illinois Pollution Control

Board