ILLINOIS POLLUTION CONTROL BOARD
    February 28,
    1991
    CITY OF BATAVIA,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 89—183
    (Variance)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by J. Theodore Meyer):
    This matter
    is before
    the Board on a motion to amend Board
    order, filed by petitioner the City of Batavia on January 18, 1991.
    Batavia asks
    the
    Board to
    amend
    its August
    9,
    1990 opinion
    and
    order which granted Batavia a variance, subject to conditions, from
    35 Ill.Adm.Code 602.105(a)
    and 602.106(b),
    as those rules relate
    to the combined radium-226 and radium-228 standard set forth in
    35
    Ill.Adm.Code
    611.330(a).
    The Illinois
    Environmental
    Protection
    Agency (Agency)
    filed its response to Batavia’s motion on January
    30,
    1991.
    Batavia asks that,
    “in light of the impending proposal of
    a
    new radium standard by U.S.
    EPA,
    which will significantly affect
    Batavia
    in terms
    of the east side compliance
    program,
    and given
    Batavia’s progress in implementing its compliance plan with respect
    to the west side”,
    the Board amend the variance granted on August
    9,
    1990.
    (Motion
    at
    3.)
    Apparently
    Batavia
    asks
    that
    two
    conditions of the variance, that Batavia can only provide water to
    projects which were approved
    by Batavia as of August
    9
    and that
    connection of approved projects cannot occur until
    the west side
    construction contract is actually awarded, be removed.
    The Agency
    states that it endorses Bataviats request.
    The Board is puzzled how the pending USEPA proposal of a new
    radium standard has any impact on those two conditions.1
    Batavia
    states
    that the
    new radium
    standards will
    have
    “a
    significant
    impact”
    on the west side construction because it may not have to
    blend shallow and deep well water,
    but commits to completing the
    west side compliance plan.
    (Motion at 5.)
    Batavia’s only request
    is that the Board remove the two conditions. The Board emphasizes
    that the two challenged
    conditions have no connection with the
    1
    The Board notes that although USEPA was to have published
    its proposal by January 25,
    1991,
    the federal proposal apparently
    will not be published until August 1991.
    119—11
    2
    pending federal radium standards.
    In fact, Batavia’s variance does
    make allowance for the new standards
    in connection with the east
    side improvements.
    (August 9,
    1990 order,
    at pp. 9-10.)
    Although
    Batavia’s motion refers to the pending federal proposal and to its
    progress on the west side plan,
    nowhere does Batavia demonstrate
    why the two conditions should be deleted.
    The Board sees no nexus
    between the two
    conditions,
    the pending
    federal
    standards,
    and
    Batavia’s progress on the west side plan.
    Batavia’s motion
    to
    amend is denied.
    IT IS SO ORDERED.
    J. Anderson and R.
    Fleinal dissented.
    I,
    Dorothy
    M.
    Gunri,
    Clerk of the Illinois Pollution Control
    Board
    hereby
    certi
    that the
    above
    Order
    was adopted
    on
    the
    ______
    day of
    ,
    1991,
    by a vote of
    ______
    Dorothy M.
    unn,
    C erk
    Illinois P0 lution Control Board
    2 The Board notes that to any extent that progress on the west
    side plan
    is slightly ahead
    of the timetable sent forth
    in
    the
    variance, Batavia will be able to award the west side construction
    contract earlier.
    Batavia
    states that
    it anticipates that the
    contract will be awarded in mid—March 1991,
    less than a month from
    now.
    119—12

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