ILLINOIS POLLUTION CONTROL BOARD
April 4,
1996
CITY OF PROSPECT HEIGHTS
)
(Rob
Roy Water System),
)
)
Petitioner,
)
)
PCB96-195
v.
)
(Variance
-
Public Water Supply)
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
ORDER OF THE BOARD
(by
R.C. Flemal):
On March
18,1996 the City ofProspect Heights
filed a letter requesting a five-year
extension ofthe variance granted in PCB 90-224, as amended by Board order ofApril
9,
1992.
The variance was a five-year variance from the Board’s rules at
35 Ill.
Adm.
Code 602.105(a)
Standards ofIssuance and 602.105(b) Restricted Status as they relate to the standard for radium
in drinking water of35
Iii.
Adm.
Code
Subtitle F.
At the time variance was granted, USEPA rulemaking had
appeared imminent.
At this
juncture, USEPA rulemaking appears to be delayed indefinitely.
Prospect Heights’ letter fails to satisf~j
the informational requirements of 35 Iii.
Adm.
Code
104. 123
and
104.124.
More specifically, while Prospect Heights’
unsworn petition updates
the record with information concerning recent radium readings, it fails to: a) reaffirm the
continued validity of past information, b) include any information concerning past efforts, ifany,
towards compliance in the past
5
years, or c) present any information or argument that denial ofa
variance extension would impose an arbitrary or unreasonable hardship.
It
is also unclear whether
variance is being sought exclusively for the Rob Roy Water System and/or potential additional
users, or whether the City requests or waives hearing.
Ifan
amended petition curing the noted deficiencies is not filed within 45
days of the date
ofthis
order, this petition will be subject to
dismissal.
In so ordering, theBoard
underscores that
the amended petition need not be elaborate, but must
advise the Board what remains the same and
what has changed in the City’s particular situation.
The filing ofan
amended petition will restart
the Board’s decision timeclock.
IT IS
SO ORDERED.
2
I, Dorothy M. Gunn, Clerk ofthe Illinois Pollution Control Board, hereby certify that the
above order was adopted on the
~
day of
(e~Z
1996, by a vote of
7—0
.
:7
~
A.
Dorothy M. ~/nn,
Clerk
Illinois Pollution Control Board