ILLINOIS POLLUTION CONTROL BOARD
February 27,
1992
VILLAGE OF CHANNAHON,
)
Petitioner,
)
v.
)
PCB 91—121
)
(Variance)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
Respondent.
ORDER OF THE BOARD
(by J.
Anderson):
On February 5,
1992, the Village of Channahon
(Village)
filed a motion requesting the Board to modify conditions
1,
4 and
6 of the Board’s January 23,
1992 Opinion and Order,
and that the
Village’s time for accepting the variance be stayed until the
Board rules on the motion.
The Illinois Environmental Protection
Agency
(Agency) has not
responded to the Village’s motion.
To review, on July 17,
1991, the Village filed a petition
for variance, which was later amended on October
4,
1991.
On
October
7,
1991, the Agency filed an amended variance
recommendation recommending that variance be granted for a
maximum period of two years from the date of Channahon’s amended
petition
(i.e. until October
1,
1993).
In its January 23,
1992
Opinion and Order, granted the Village a variance from 35
Ill.
Admn.
Code 602.105(a),
“Standards for Issuance”,
and from 35 Ill.
Adm. Code 602.106(a),
“Restricted Status”, as these rules relate
to the radium-226 and radium-228 standard of 35
Ill.
Adm. Code
611.330(a)
and the gross alpha standard of
35 Ill.
Admu.
Code
611.330(b).
The Board granted variance for a maximum period of
two years from the date of the Opinion and Order
(i.e.
until
January 23,
1994)
because Channahon estimated that it would take
anywhere from 12 to 24 months to implement its compliance plan.
The Board intended that the first year of the variance will be
used to implement the compliance plan and that the second year
will be used for the purpose of testing.
As stated above, the Village asks that the Board modify
conditions
1,
4, and 6 of the Board’s January 23,
1992 Order.
Those conditions read as follows:
(1)
This variance shall terminate on the earliest of the
following dates:
(a)
December
1,
1996; or
(b)
two years following the date on which
USEPA either:
130—2 15
2
1)
promulgates regulations which
amend the maximum contaminant
level
(MCL)
for combined
radium,
either of the isotopes
of radium, or the radium,
or
the method by which compliance
with a radium MCL is
demonstrated, or
2)
publishes notice that there
will be no amendments to the 5
pci/i combined radium standard
or the method for demonstrat-
ing compliance with that
standard; or
(c)
When analysis pursuant to 35 Ill.
Adm. Code
611.720(d), or any compliance demonstration then
in effect,
shows compliance with the current
standard for combined radium and gross alpha
particle activity or any standard for combined
radium or gross alpha particle activity then in
effect.
(4)
Within six months after revision of the USEPA standard
from combined radium or after USPEA publication that
the standard will be unchanged or
12 months after grant
of variance, whichever is applicable pursuant to
Condition
1 above, Petitioner shall apply for all
permits necessary for the construction of
installations, changes or additions to the Petitioner’s
public water supply needed for achieving compliance
with the maximum contaminant level for the standards in
question.
Such application shall be sent to:
Illinois Environmental Protection Agency
Permit Section
division of Public Water Supplies
2200 Churchill Road
Springfield, Illinois
62794—9276
(6)
Construction allowed on said construction permits shall
begin within a reasonable time of bids being accepted,
but in any case,
construction of all installations,
changes, or additions necessary to achieve compliance
with the maximum contaminant level in question shall be
completed no later than October
1,
1992.
One year will
be necessary to prove compliance.
The Village also asks that the Board stay the Village’s time for
accepting the variance during the pendency of the motion to
130—2 16
3
modify.
In support of its motion, the Village notes that the Agency
filed a motion to correct clerical errors on November 12,
1991.
In that document, the Agency recommended that the Village be
granted a variance for a maximum period ~
five years
(i.e.,
until December 1,
1996)
rather than two years.
The Village also
asserts that it take 12 to 24 months to implement its compliance
plan in addition to the Board’s requisite
12 month testing
period.
As to condition 4, the Village notes that the Agency,
in
its moti’on to correct clerical errors, recommended that the time
for the Village’s permit application be extended to 24 months
after the issuance of the variance.
As to condition 6, the
Village argues the October 1,
1992 date contained therein was a
clerical error even though the Agency did not correct the date in
its motion to correct clerical errors.
The Village asks that
“paragraph
6,
line
6 on page
12
tof the Board’s January 23,
1992
Order) be amended to change October
1,
1992 to February 23,
1995
(requiring completion of construction 12 months prior to variance
termination to permit sampling)”.
(Motion to Modify
p.
5).~.
finally, the Village notes that failure of the Board to modify
its Order will result in an unreasonable or arbitrary hardship on
the Village in that it will be required to immediately begin
design, engineering, and bid documents,
the need for all of which
could be obviated by pending USEPA action.
In light of the recommendation that is contained in the
Agency’s November 12,
1991 motion to correct clerical errors and
that the Village’s assertion that it take 12 to 24 months to
implement its compliance plan in additionto the requisite 12
month testing period, the Board hereby grants the Village’s
motion to modify conditions the Board’s January 23,
1992 Order
with one exception.
Although the Village asks that the October
1,
1992 date in condition
6 be changed to February 23,
1995, we
note that the February 23,
1995 date does not allow for a full
12
month sampling period.
Accordingly, the Board will insert the
date of December
1,
1995 into condition 6.
The accompanying
Order contains the entirety of the January 23,
1992 Order,
with
the modifications discussed above,
and is intended to supersede
our previous Order.
ORDER
The Village of Channahon is hereby granted a variance from
35 Ill. Adm. Code 602.105(a),
“Standards for Issuance”, and
602.106(a),
“Restricted Status”,
as they relate to the standard
for combined radium and gross alpha particle activity as set
forth in 35 Ill. Adm. Code 611.330(a) and 611.330(b),
respectively, subject to the following conditions:
(1)
This variance shall terminate on the earliest of the
following dates:
130—217
4
(a)
December
1, 1996; or
(b)
two years following the date on which
USEPA either:
1)
promulgates regulations which
amend the maximum contaminant
level
(MCL)
for combined
radium,
either of the isotopes
of radium, or the radium, or
the method by which compliance
with a radium MCL is
demonstrated, or
2)
publishes notice that there
will be no amendments to the
5
pCi/l combined radium standard
or the method for demonstrat-
ing compliance with that
standard; or
(C)
When analysis pursuant to 35
Ill.
Adm. Code
611.720(d),
or any compliance demonstration then
in effect,
shows compliance with the current
standard for combined radium and gross alpha
particle activity or any standard for combined
radium or gross alpha particle activity then in
effect.
(2)
Compliance shall be achieved with the maximum
contaminant level for combined radium and gross alpha
particle activity, or with any revised standard for
combined radium or gross alpha particle activity then
in effect, no later than the date on which this
variance terminates.
(3)
In consultation with the Illinois Environmental
Protection Agency (“Agency”),
Petitioner shall continue
its sampling program to determine as accurately as
possible the level of combined radium and gross alpha
particle activity in its wells and finished water.
Until this variance terminates, Petitioner shall
collect quarterly samples of its water from entry
points of its distribution system at locations approved
by the Agency.
Petitioner shall composite the
quarterly samples from each location separately and
shall analyze them annually by a laboratory certified
by the State of Illinois for radiological analysis so
as to determine the maximum contaminant level of
combined radium and gross alpha particle activity.
The
results of the analyses shall be reported within 30
days of receipt of the most recent result to:
130—218
5
Illinois Environmental Protection Agency
Compliance Assurance Section
Division of Public Water Supplies
2200 Churchill Road
Springfield, Illinois 62794—9276
At the option of Petitioner, the quarterly samples may
be analyzed when collected.
The running average of the
most recent four quarterly sample results shall be
reported to the above address within 30 days of receipt
of the most recent quarterly sample.
(4)
Within six months after revision of the USEPA standard
from combined radium or after USPEA publication that
the standard will be unchanged or 24 months after grant
of variance, whichever is applicable pursuant to
Condition 1 above,
Petitioner shall apply for all
permits necessary for the construction of
installations, changes or additions to the Petitioner’s
public water supply needed for achieving compliance
with the maximum contaminant level for the standards in
question.
Such application shall
be sent to:
Illinois Environmental Protection Agency
Permit Section
division of Public Water Supplies
2200 Churchill Road
Springfield, Illinois
62794—9276
(5)
Within three months of USPEA action after each
construction permit
is issued by the Illinois
Environmental Protection Agency, Petitioner shall
advertise for bids, to be submitted within
60 days,,
from contractors to do the necessary work described in
the construction permit.
The Petitioner shall accept
appropriate bids within a reasonable time.
Petitioner
shall notify the agency within 30 days of ache of the
following actions:
a)
advertisements for bids,
2)
names of successful bidders, and
3) whether Petitioner
accepted the bids.
Such notification shall be sent to:
Illinois Environmental Protection Agency
Permit Section
Division of Public Water Supplies
2200 Churchill Road
Springfield, Illinois
62794—9276
(6)
Construction allowed on said construction permits shall
begin within a reasonable time of bids being accepted,
but in any case,
construction of all installations,
changes,
or additions necessary to achieve compliance
130—219
6
with the maximum contaminant level in question shall be
completed no later than December
1,
1995.
One year
will be necessary to prove compliance.
(7)
Pursuant to 35 Ill.
Adm. Code 611.851(b),
in its first
set of water bills or within three months after the
date of this Order, whichever occurs first,
and every
three months thereafter, Petitioner will send to each
user of its public water supply a written notice to the
effect that Petitioner has been granted by the
Pollution Control Board a variance from 35
Ill. Adm.
Code 602.105(a)
Standards of Issuance and 35 Ill. Adm.
Code 602.106(a)
Restricted Status,
as they relate to
the maximum contaminant level for combined radium and
gross alpha particle activity.
(8)
Pursuant to 35 Ill.
Adm. Code 611.851(b),
in its first
set of water bills or within three months after the
date of this Order, whichever occurs first,
and every
three months thereafter, Petitioner will send to each
user of its public water supply a written notice to the
effect that Petitioner is not in compliance with the
maximum contaminant level for combined radium and gross
alpha particle activity.
The notice shall state the
average content of the contaminants in question in
samples taken since the last notice period during which
samples were taken and shall include the mandatory
health effects language as specified in 35
Ill. Adm.
Code 6l1Appendix Al.
(9)
Until full compliance is achieved, Petitioner shall
take all reasonable measures with its existing
equipment to minimize the maximum contaminant level of
combined radium and gross alpha particle activity in
its finished drinking water.
(10) Petitioner shall provide written progress reports
to the Agency at the address below every six
months concerning steps taken to comply with
conditions
1 through
7 of this Order.
Progress
reports shall quote each of said paragraphs and
immediately below each paragraph state what steps
have been taken to comply with each paragraph:
Illinois Environmental Protection Agency
Division of Public Water Supply
Field Operations Section
2200 Churchill Road
~
Springfield, Illinois 62794—9276
130—220
7
IT.IS SO ORDERED.
Board Member B.
Forcade dissented.
Section 41 of the Environmental Protection Act,
Ill. Rev.
Stat.
1991,
ch.
111½ par.
1041,
provides for appeal of final
Orders
of. the Board within 35 days.
The Rules of the Supreme
Court of Illinois establish filing requirements.
I, Dorothy M. Gunn,
Clerk of the Illinois Pollution Control
Board, b~erebycertif
that the above Order was adopted on ~he
______
day of
_________________,
1992, by a vote of
_______
~
7
L~~Dorothy
N. 4unn,
Clerk
Illinois P~llutionControl Board
130— 22 1