ILLINOIS POLLUTION CONTROL BOARD
December
16,
1976
LAKELAND PARK WATER COMPANY,
Petitioner,
v.
)
PCB 76—206
ENVIRONMENTAL PROTECTION AGENCY,
Respondent.
ORDER OF THE BOARD
(by Mr. Goodman):
On November
5, 1976,
the Environmental Protection Agency
(Agency)
filed a Motion for Modification of Final Order issued by
the Board in the above-captioned matter on October 14,
1976.
Peti-
tioner has not filed a response
to the Motion.
The Board’s
October 14 Order granted Petitioner
a variance
from requirements
of
a previously entered Order in PCB
74-85
and PCB 74-194, consoli-
dated.
The basis for the variance request and the Board’s rationale
for granting the variance was a proposed study of the effects of
polyphosphate as an iron sequestering agent in Petitioner’s water
distribution system.
The study was
to be conducted by Dr. John
O’Connor of the University of Missouri.
In its Motion,
the Agency indicated that on October 27,
1976,
it received a letter from Stiles-Kern Corporation,
a polyphosphate
producer
WIiI
Cli
was
t;he
apparcnt
In~tI
qi(
or
.ini
lund
nq
~uui1r(’(’
of
r)r,
O’Connor’~
~1
udy,
:;L.iLi.nq
that.
he
~l
udy
would
not
t~’
I
aken.
A
cc
~py
o
t~
Lhe
Ic
t
Ler
and
another
letter
were
atLiched
to
t:he
Agency’s Motion.
The entire basis for the Board’s finding of hardship and grant-
ing of the variance was the proposed study by Dr.
O’Connor.
The
Board will,
therefore,
grant the Agency’s Motion and modify its
October 14 Order such that the requested variance
is denied unless
within
30 days from the date of this Order Petitioner submits proof
to the Board that the proposed study by Dr. O’Connor has been under-
taken.
IT IS SO ORDERED.
24—433
—2—
I,
Christan
L. Moffett, Clerk of the Illinois Pollution Control
Board,
here
day of
~L~if~he
above
Order
was
adopted
on
the
/4,~”t
_____________________________
1976 by
a vote of
~
p
Illinois Poll
.trol
Board
24
—
434