ILLINOIS POLLUTION CONTROL BOARD
November 29, 1990
VILLAGE OF ROUND LAKE BEACH,
Petitioner,
v.
PCB 86—59
ILLINOIS ENVIRONMENTAL
)
(Variance)
PROTECTION AGENCY,
)
Respondent.
)
and
ELIZABETH BOWDEN,
BARBARA ELLENWOOD,
)
MICHAEL KARASINSKI,
JEAN KENNEDY,
CHRISTINE MEEK,
STEWART SLAVIK,
)
CITIZENS FOR A BETTER ENVIRONMENT, AND
)
THE
LAKE
COUNTY DEFENDERS,
Intervenors.
ORDER OF THE BOARD
(by R.C. Flemal):
On November
2,
1990’ the Village of Round Lake Beach
(“Village”)
filed a motion for clarification
(“Motion”).
The
Village requests that the Board clarify
its Order of September
11, 1986
(72 PCB 275 et seq.)
by holding that such Order
“constitutes
a compliance order mandating the acquisition,
construction or improvement of water treatment facilities to
accommodate Lake Michigan water as described in Ill. Rev.
Stat.
1989,
ch.
24, Sections 8—4—1(13)
and 8—5—1”
(Notion,
p.
3).
The
Village’s expressed purpose is to allow it to “proceed promptly
with a bond issue to finance such facilities”
(Id.).
The Illinois Environmental Protection Agency filed
a
response on November 15,
1990.
No other responses have been
received by the Board.
The Village’s motion is denied.
Even
if, arguably, the
Board’s Order of September 11,
1986 constituted a compliance
order for the particulars identified by the Village, that Order
1
A version of the motion absent
a Certificate of Service was
filed on October 26,
1990.
116—215
—2—
expired by its own terms on or before September Il,
19892.
Accordingly,
there is no order which the Board could certify as
constituting an active compliance order.
Moreover,
the Village requests particularly that the Board
hold that the September
11, 1986 Order “constitutes a compliance
order mandating the acquisition,
construction or improvement of
water treatment facilities to accommodate Lake Michigan water”
(Motion,
p.
3; emphasis added).
The Board finds nothing in
September 11, 1986 Order which may be construed as requiring
facilities to “accommodate Lake Michigan water”.
Rather,
the
Order requires only facilities for the blending of well waters,
commensurate with the Village’s own expressed intention to
achieve compliance with the radium standard via a blending
program
(see Opinion at
p.
4-6,
72 PCB 287—9).
IT
IS SO ORDERED.
I,
Dorothy M. Gunn,
Clerk of the Illinois Pollution Control
Boar~ hereby certify
at the above Order was adopted on the
~?7T~?.-~
day of
_____________________,
1990, by a vote of
2
“Variance shall be effective this date and shall expire on
September
11,
1989, or when analysis pursuant to 35 Ill. Adm. Code
605.105(a)
shows compliance with the combined radium 226 and 228
standard,
whichever occurs
first”
(Condition
#1 to the grant
of
variance in PCB 86—59, September 11,
1986,
72 PCB 287).
Illino
Control Board
116—216