ILLINOIS POLLUTION CONTROL BOARD
December 6, 2001
CITY OF CANTON,
Complainant,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 02-42
(Variance – Public Water Supply)
ORDER OF THE BOARD (R.C. Flemal):
This matter is before the Board pursuant to a petition for variance filed by the City of
Canton (Canton), on October 1, 2001. On November 15, 2001, the Illinois Environmental
Protection Agency (Agency) filed its recommendation for variance, and on November 19, 2001,
the Agency filed a motion to amend the recommendation. Also on November 19, 2001, Canton
filed a waiver of hearing and acceptance of the recommendation. Canton did not file a response
to the Agency’s motion to amend.
The Agency’s proposed amendment is non-substantive and Canton did not file any
response to the motion. Accordingly, the motion to amend the recommendation is granted. In
the petition, Canton requested that a hearing be held. As noted, Canton is now waiving the
hearing. The Board has not scheduled or publicly noticed a hearing in this matter. This waiver
is accepted, and the Board will decide this matter without a hearing. However, the Board has a
number of technical concerns that it intended to address at hearing, and Canton is directed to
provide the following additional information to the Board:
1. Identify the specific sections and subsections that the variance would apply and
cite the effective dates.
2. Explain the following apparent inconsistency: page 6 of the petition references a
60% average minimum monthly turbidity compliance rate while the remainder of
the petition (pages 6, 11, 12, and 13) references a 25% rate.
3. Based on the costs provided on pages 10-11 of the petition, the total cost
presented as $411,500 appears to be miscalculated. Explain this apparent error in
total cost calculation.
4. Does any data exist on the non-occurrence of
Giardia
or
Cryptosporidium
in the
reservoir from any time other than the October 1993 sample? Was that sample
taken after a recent rain event? Have there been any changes in the watershed
over the past eight years? Are there any livestock farms or animal wildlife areas
in the watershed?
5.
Provide data to support the claim that neither
Giardia
nor
Cryptosporidium
have
ever been found in the filtered water. If found, what levels would be considered
acceptable?
6. If
Cryptosporidium
were detected in the finished water, what course of action
would Canton take?
The additional information must be submitted on or before December 31, 2001. Please
note that the Board will consider the submittal of the requested information an amended petition
that will recommence the statutory decision deadline in this matter.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on December 6, 2001, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board