ILLINOIS POLLUTION CONTROL BOARD
    March
    5,
    1981
    ViLLAGE OF CARY,
    Petitioner,
    )
    PCB 77—339
    Ir~LIr~orsENVIRONMENTAL PROTECTION AGENCY,
    )
    Respondent~
    SUPPLEMENTAL ORDER OF THE BOARD
    (by J. Anderson):
    On February 13,
    1981 the Illinois Appellate Court for the
    Second District issued its mandate and remanded this action to
    the ~oard for further proceedings consistent with its Opinion
    in Villa~eof Cary v.
    Pollution Control Board and Illinois
    ~nvironmental Protection Agency, No~79—314
    Ill~App~d
    ,
    ~
    (April
    1., i980)~ The Board
    reminarpetitioner tWit,
    since entry of the Board~sfirst Opinion and Order,
    29 PCB 383
    (;~arch. 16,
    1978), and its Supplemental Opinion and Order,
    33
    PC1~
    557
    (May 24,
    1979), Illinois
    has
    received primary enforcement
    responsibility under the Safe Drinking Water Act
    (SDWA),
    42 USC
    S300 et ~
    Illinois must therefore have drinking water regu-
    lations which are no less stringent than the federal regulations,
    and
    may
    not issue exemptions or variances from these regulations
    except in conformity with the SDWA.
    Section 1416 of the SOWA
    has recently been amended by P~L~96—502~ States with primary
    enforcement responsibility may now issue “exemptions” from the
    federal requirements generally until ~7anuary1,
    1984,
    but unlil
    3anuary
    1,
    1986
    if a water supply has a “binding commitment” to
    become part of a “regional water supply~”
    Since Illinois’ receipt of primary SDWA enforcement
    responsibility, the Board has granted several variances from
    itr~standards for parameters such as barium, particularly where
    treatment technologies specifically applicable to small systems
    have not been formally identified by
    tISEPA as being “generally
    available
    (taking costs into consideration)” je~
    V~eof
    Altonav
    IEPA,
    PCB 80-74
    (duly
    10,
    1980) and ~
    qfJshir~
    v~IEPA,PCB 80—165
    (january 22, 1981)L
    While the man&~teof
    the Appellate Court has given
    the
    petitioner
    the
    right to
    present
    additional evidence at hearing, petitioner retains its option of
    waiving hearing pursuant to Procedural Rule 401(b),
    to havi~
    this
    matter reconsidered by the Board on
    the
    pleadings~
    41—3
    2
    As the last hearing
    in this matter was held March
    1,
    1979,
    the record
    in this case is somewhat stale,
    and must be supple-
    mented with current information no matter which option is chosen.
    Petitioner
    is therefore directed to file
    an amended petition
    satisfying the requirements of Procedural Rule
    401,
    taking care
    to submit
    an affidavit verifying the truth of the matters asserted
    if hearing
    is waived.
    The 90—day decision period shall commence
    on the filing of the amended petition.
    IT IS SO ORDERED.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify that the above Supplemental Order
    was adopted on the
    ~ ~
    day of ~
    ,
    1981 by
    a vote of
    Christan L.
    M~1!
    ,
    CIer~
    Illinois Polluti
    Control Board
    41-4

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