ILLINOIS POLLUTION CONTROL BOARD
    August 15, 1996
    CITY OF PROSPECT HEIGHTS
    )
    (Rob Roy Water System),
    )
    )
    Petitioner,
    )
    )
    v.
    )
    PCB 96-195
    )
    (Variance - Public Water Supply)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    )
    ORDER OF THE BOARD (by R.C. Flemal):
    This matter comes before the Board upon an amended petition for variance filed on
    May 17, 1996 by the City of Prospect Heights for its Rob Roy Water System. Prospect
    Heights seeks extension of variance from the Board’s regulations for restricted status with
    respect to radium. The Illinois Environmental Protection Agency (Agency) filed its statutory
    recommendation on July 18, 1996. Prospect Heights has not filed a response to the Agency’s
    recommendation.
    The Agency recommends denial of the variance on the grounds that the Rob Roy
    System is not now on restricted status for exceeding the radium standard or for exceeding the
    standard for any other contaminant. (Agency Rec. at 5.) The Agency further observes that
    Rob Roy’s two most recent radium analyses, each of which consisted of a composite of four
    consecutive quarterly samples, show combined radium of 3.9 pCi/L and 2.9 pCi/L; both
    results show compliance with the 5.0 pCi/l combined radium standard.
    The Board agrees with the Agency that in the absence of being on restricted status,
    there is no need for the Rob Roy System to be granted variance from being on restricted
    status. The Board does not grant variance where there is no need for variance. Accordingly,
    the City of Prospect Height’s request for extension of variance is hereby denied.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1994)) provides for
    the appeal of final Board orders within 35 days of the date of service of this order. The Rules
    of the Supreme Court of Illinois establish filing requirements. (See also 35 Ill. Adm. Code
    101.246 "Motions for Reconsideration".)
    22
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the _________ day of ______________________, 1996 by a
    vote of ______________.
    _________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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