ILLINOIS POLLUTION CONTROL
    BOARD
    December 20,
    1990
    VILLAGE OF PLAINFIELD,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 90—162
    (Variance)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by R.C.
    Flenial):
    On November 29,
    1990 the Board granted the Village of
    Plainfield’s
    (“Plainfield”) request for variance from 35 Ill.
    Adm. Code 602.105(a),
    “Standards for Issuance”, and 602.106(b),
    “Restricted Status”,
    as related to the 5.0 pCi/l combined radium-
    226 and radium-228 standard of 35 Iii. Adm. Code.Subtitle F.
    However, the Board has subsequently observed that Plainfield’s
    request that the Board find the improvements to be constructed by
    Plainfield to be water treatment facilities as described in Ill.
    Rev. Stat.
    1989,
    Chapter 24, Section 8—4-1(13) was inadvertently
    overlooked in the November 29,
    1989 Opinion and Order.
    Section 8-4-1(13) reads,
    in pertinent part:
    8-4-1.
    No bonds shall be issued by corporate
    authorities of any municipality until the question of
    authorizing such bonds has been submitted to the
    electors of that municipality, and approved by a
    majority of the electors voting upon that question...
    However, without the submission
    of the question of
    issuing bonds to the electors except as required under
    paragraph (13), the corporate authorities of any
    municipality may authorize the issuance of any of the
    following bonds:...
    (13)
    Bonds to finance the cost of the acquisition,
    construction or improvement of water or wastewater treatment
    facilities mandated by an enforceable compliance schedule
    developed in connection with the federal Clean Water Act or
    a compliance order issued by the United States Environmental
    Protection Agency or the Illinois Pollution Control
    Board;...
    Inasmuch as the construction and equipment which Plainfield
    will be obligated to perform and install under the conditions
    imposed by the Board’s Order clearly fall under the terms of
    117—111

    —2—
    Section 8-4-1(13), the Board will reissue the November 29,
    1990
    Order with the addition of Condition (L), which specifies this
    Board finding.
    Today’s reissuance of the Order notwithstanding,
    the date of grant of variance continues to be November 29,
    1990.
    ORDER
    Petitioner, Village of Plainfield,
    is hereby granted
    variance from 35 Ill. Adm. Code 602.105(a),
    Standards of
    Issuance, and 602.106 (b), Restricted Status,
    as they relate to
    the standard for radium in drinking water of 35 Ill.
    Adzu.
    Code.Subtitle F, subject to the following conditions:
    (A)
    For the purposes of this Order, the date of USEPA
    action shall consist of the earlier of the:
    (1)
    Effective date on any regulation promulgated by
    the U.S. Environmental Protection Agency
    (“USEPA”)
    which amends the maximum concentration level for
    combined radium, either of the isotopes of radium,
    or the method by which compliance with a radium
    maximum concentration level
    is demonstrated; or
    (2)
    Date of publication of notice by the USEPA that no
    amendments to the 5 pCi/l combined radium standard
    or the method for demonstrating compliance with
    the 5 pCi/l standard will be promulgated.
    (B)
    Variance shall terminate on the earliest of the
    following dates:
    (1)
    When analysis pursuant to 35 Ill.
    Adin.
    Code
    611.731(a),
    or any compliance demonstration method
    then in effect,
    shows compliance with any
    standards for radium in drinking water then in
    effect;
    (2)
    Two years following the date of USEPA action; or
    (3)
    November 29,
    1995.
    (C)
    Compliance shall be achieved with any standards for
    radium then in effect no later than the date on which
    this variance terminates.
    (D)
    In consultation with the Illinois Environmental
    Protection Agency (“Agency”), Petitioner shall continue
    its sampling program to determine as accurately as
    possible the level of radioactivity in its wells and
    finished water.
    Until this variance terminates,
    Petitioner shall collect quarterly samples of water
    from its distribution system at locations approved by
    the Agency.
    Petitioner shall composite the quarterly
    117—112

    —3—
    samples for each location separately and shall have
    them analyzed annually by a laboratory certified by the
    State of Illinois for radiological analysis so as to
    determine the concentration of radium—226 and radium—
    228.
    At the option of Petitioner the quarterly samples
    may be analyzed when collected.
    The
    results of the
    analyses shall be reported within 30 days of receipt of
    the most recent result to:
    Illinois Environmental Protection Agency
    Compliance Assurance Section
    Division of Public Water Supplies
    2200 Churchill Road
    Springfield, Illinois 62794—9276
    (E)
    Within three months of USEPA action or within 27 months
    of grant of this variance, whichever occurs first,
    Petitioner shall apply to the Agency at the address
    below for all permits necessary for construction of
    installations, changes, or additions to Petitioner’s
    public water supply needed for achieving compliance
    with the maximum allowable concentration for combined
    radium, or with any standards for radium in drinking
    water then in effect:
    Illinois Environmental Protection Agency
    Division of Public Water Supply
    Permit Section
    2200 Churchill Road
    Springfield, Illinois 62794—9276.
    (F)
    Within three months after each construction permit is
    issued by the Agency, Petitioner shall advertise for
    bids,
    to be submitted within 60 days,
    from contractors
    to do the necessary work described in the construction
    permit.
    Petitioner shall accept appropriate bids
    within a reasonable time.
    Petitioner shall notify the
    Agency at the address in condition
    (D) of each of the
    following actions:
    1) advertisement for bids,
    2) names
    of successful bidders, and 3) whether Petitioner
    accepted the bids.
    (G)
    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 allowable concentration of combined
    radium, or with any standards for radium in drinking
    water then in effect, shall begin no later than 6
    months after USEPA action.
    If there is no USEPA action
    within two years of grant of this variance, Petitioner
    shall begin construction no later than three years
    after grant of this variance.
    117—113

    —4—
    (H)
    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 shall 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(b)
    Restricted Status, as they relate to
    the radium standard.
    (I)
    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
    grant of variance, whichever occurs
    first, and every three months thereafter, Petitioner
    shall send to each user of its public water supply a
    written notice to the effect that Petitioner is not in
    compliance with standard for radium.
    The notice shall
    state the average content of radium in samples taken
    since the last notice period during which samples were
    taken.
    (J)
    Until full compliance is achieved, Petitioner shall
    take all reasonable measures with its existing
    equipment to minimize the level of combined radium,
    radium-226, and
    radium—228 in its finished drinking
    water.
    (K)
    Petitioner shall provide written progress reports to
    the Agency at the address below every six months
    concerning steps taken to comply with paragraphs B—J.
    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.
    (L)
    The Board hereby states that the acquisition,
    construction, and improvements to be made under the
    compliance plan that is a condition of the grant of
    this variance involve costs as presented in Ill. Rev.
    Stat.
    1989,
    Chapter 24, Section 8—4—1(13).
    Within 45 days of the date of this Order, Petitioner shall
    execute and forward to Stephen C. Ewart,
    Division of Legal
    Counsel, Illinois Environmental Protection Agency,
    2200 Churchill
    Road, Post Office Box 19276, Springfield, Illinois 62794—9276, a
    Certification of Acceptance and Agreement to be bound to all
    117—114

    —5—
    terms and conditions of this variance.
    The 45-day period shall
    be held in abeyance during any period that this matter is being
    appealed.
    Failure to execute and forward the Certificate within
    45 days renders this variance void and of no force and effect as
    a shield against enforcement of rules from which variance was
    granted.
    The form of said Certification shall be as follows:
    CERTIFICATION
    I
    (We),
    hereby accept and agree to be bound by all terms and conditions
    of the Order of the Pollution Control Board in PCB 90—162
    December20,
    1990.
    Petitioner
    Authorized Agent
    Title
    Date
    Section 41 of the Environmental Protection Act, Ill.
    Rev.
    Stat.
    1989 ch.
    111
    ½
    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.
    IT IS SO ORDERED.
    Board Members J.D. Dumelle and B. Forcade dissented.
    I, Dorothy M.
    Gunn, Clerk of the Illinois Pollution Control
    Board~herebycertif
    t at the above Order was adopted on the
    ‘~“~-
    day of
    ___________________,
    1990,
    by a vote of
    Mt____
    Dorothy N. G)4~n, Clerk
    Illinois PolXution Control Board
    117—115

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