ILLINOIS

 POLLUTION CONTROL BOARD

June

8,

1989

VILLAGE OF COAL CITY,

)

Petitioner,

)

 PCB 89—55

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

)

Respondent.

JOHN

M.

 TIRA APPEARED ON BEHALF OF PETITIONER.

BOBELLA GLATZ APPEARED ON BEHALF OF RESPONDENT.

OPINION AND ORDER OF THE BOARD

 (by M. Nardulli):

This matter comes before the Board

on

 a petition

for

extension of variance filed

 on behalf of

 the Village of Coal City

(Coal City)

 on March 17,

 1989.

 Coal City is seeking

 an extension

of variance

 from 35 Ill.

 Adr.

 Code 602.105(a), Standards

of

Issuance and 602.106(b), Restricted Status,

 to the extent that

they relate

to

 35 111.

 Adm.

 Code 604.301(a)

 combined radium 226

and radium 228 and 604.301(b) gross alpha particle activity.

The

requested extension would be from March

20,

1989

 until May

1

1992.

 In the petition, Coal City waived

 its right

 to hearing

in

this matter and consequently no hearing was held.

 The Illinois

Environmental Protection Agency

 (“Agency”)

 filed

 a variance

recommendation with the Board on April

17,

1989

 in which

it

recommended grant of the extension subject to conditions.

 Based

on the record,

 the Board

 finds that denial

 of the extension would

impose

 an arbitrary or unreasonable hardship on the Petitioner.

Therefore,

 the Board will grant

 the requested extension subject

to conditions.

In

 its Opinion and Order

 in PCB 88—83,

 the Board stated that

Coal City was not entitled

 to a long—term variance because

 it had

not committed

 itself

to

 a specific method for achieving

compliance.

 The Board granted Coal City a variance until March

20,

1989

 to allow Coal City time

 to commit

to

 a compliance plan

and

 to petition

for

 an extension.

 Coal City filed

 its petition

for extension three days before

 the original variance expired.

Neither

 the petition for variance nor the Agency’s

recommendation note any changes

 in the facts

 relevant to this

matter.

As

a

 result,

 this opinion will not reiterate the facts

or reexamine the determination of

 arbitrary and unreasonable

hardship that were laid out

 in the Opinion and Order

 for PCB 88—

100—31

—2—

83.

 This opinion will concentrate on reviewing the petitioner’s

proposed compliance plan.

In the petition for extension,

 Coal City committed

 to the

following compliance plan:

(A)

 Upon completion

 of the design of the

treatment plant, the petitioner will

apply to

 IEPA,

 DPWS,

 Permit Section for

all necessary permits

 for construction of

installations, changes

 or additions to

the petitioner’s public water supply

needed

 for achieving compliance with the

maximum allowable concentration.

(B)

 Within one month after

 each construct.ion

permit

 is issued by IEPA,

 DPWS,

petitioner

 shall advertise

 for bids for

contractors to do the necessary work

described

 in the construction permit and

shall accept appropriate bids within

a

reasonable

 time.

(C)

 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

 in question shall begin

as

soon as practical

 in accordance with the

compflance

 schedule

date

March

13,

1990.

(D)

 Compliance

 shall

 be achieved with the

maximum allowable concentration

in

question

 no later

 than July 10,

 1991.

(E)

 Pursuant to 35 Ill. Mm.

 Code 606.201,

in

its first set

 of water bills or within

three months after the date

 of this

variance 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

100—32

—3—

Ill. Mm.

 Code 602.106(b) Restricted

Status,

as

it

 relates to the gross alpha

standard.

(F)

 Pursuant

to

35

 Ill.

 Adni.

 Code 606.201,

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 combined

 radium 226 and radium

228

levels

 (35 Ill. Mm.

 Code 604.301(a))

and

gross alpha particle activity

 standard

(35 Ill. Mm. Code 604.301(b)).

The

notice shall

 state the average content of

gross alpha

particle activity

 in samples

taken since

the

 last notice period during

which samples were taken.

(G)

 That petitioner

 shall

 take all reasonable

measures with its existing equipment to

minimize the level

 of gross alpha

particle activity

in

 its finished water.

In

 its variance

 recommendation,

 the Agency voices

no

objection

 to the petitioner’s compliance plan.

 The Agency does

note that Coal City has committed

to

 a treatment method employing

ion—exchange water softening.

 While

 the Agency agrees that this

method

 is effective

 in removing radium,

 it points out that the

ion—exchange softener increases the sodium content of

 the water

significantly and the waste from the softening process may

be

difficult

 to dispose

 of legally.

 The Agency has discussed these

disadvantages with

 the petitioner

 and the petitioner still

maintains

it

 is the best compliance method

 for its supply.

The

Agency has

 no objection

 to the use of this method

 if the

treatment system

 is properly designed and maintained

 and wastes

are disposed

 of safely.

 Consequently,

 the Agency recommends

the

petitioner

 be granted

 an extension of variance subject

 to the

conditions adopted

 in the Order.

The Board notes

 the lack of specific dates of compliance

for

the various intermediate steps

 in the petitioner’s compliance

plan.

 The lack of specificity may

 be due

to

 a delayed completion

of the

 final design

 and the requirement

 of filing for

an

extension before the original

 variance expires.

 A cornmittment

to

intermediate compliance dates

 is desirable

 in monitoring

the

petitioner’s progress towards

 completion.

 To accommodate the

 monitoring

 of progress, some intermediate compliance

 dates have

1fl0-~33

—4—

been established

 in the conditions

 in the Order.

 The Board

is

confident that the petitioner can come into compliance by the

requested compliance date.

 As a result, an extension of the

variance will be granted until May

1,

 1992.

This Opinion represents

 the Board’s finding of facts and

conclusion of law

 in this matter.

ORDER

The Village of Coal City (Coal City)

 is hereby granted

an

extension

 of variance from 35 Ill. Mm.

 Code 602.105(a) Standards

of

 Issuance, and

 602.106(b), Restricted Status,

 but only as those

Sections

 relate

 to the limitations

 for combined radium and gross

alpha particle activity set forth

 in Section 604.301,

 until May

1,

 1992,

 subject

 to the following conditions:

(A)

This

variance

expires

May

1992

when

analysis

pursuant

Ill.

Mm.

Code

 605.104(a)

 shows compliance with the

standards for

 the contaminants

in

question, whichever occurs

 first.

(B)

 In consultation with the Agency,

petitioner

shall

continue

its

sampling

program

determine

accurately

possible the level

 of radioactivity in

its wells and finished water.

 Until

 this

variance expires, petitioner

 shall

collect

quarterly

samples

its

water

from

its

distribution

system

locations

approved

the

Agency.

The

 petitioner

shall

composite

the

 quarterly samples

from

each

location

separately

and

shall

analyze

them

annually

laboratory

certified

the

 State of Illinois for

radiological

analysis

determine

the

concentration

the

contaminant

question.

The

 results of the analyses

shall

 reported to the Compliance

Assurance

Section,

Division

Public

Waer

Supplies,

2200

Churchill

Road,

IEPA,

Springfield,

Illinois

62794—9276,

 within

days

receipt

each

analysis.

the

option

petitioner,

the

quarterly

samples

may

analyzed

when

collected.

The running average

the

most

recent

four

quarterly

sample

result

shall

reported to the above address within 30

days

 of receipt of the most recent

quarterly sample.

1flC’—34

—5—

(C)

 The petitioner

 shall properly seal all

abandoned public water

 supply wells by

July 15,

 1989.

(D)

 Petitioner

 shall

 submit plans and

specifications

 for project design

of

a

ion—exchange water

 softening system or

other treatment system capable of

bringing the drinking water

 supply into

compliance with

 35 Ill. Mm.

 Code

604.301(a)

 and 604.301(b)

and

a

construction permit application

 to the

Agency’s Permit Section by November

1,

1989.

(E)

 By February 13,

 1990, petitioner

 shall

have advertised

 for bids from contractors

to do the necessary work described

 in the

construction permit.

 Petitioner shall

accept appropriate bids by March 13,

1990.

 Petitioner shall notify IEPA,

DPWS, within 30 days,

 of each

 of the

following actions:

 1) advertisements for

bids,

2)

 whether petitioner accepted the

bids and

3)

 names of successful bidders

(F)

 Construction

of

all

 insiailations,

changes

 or additions necessary to achieve

compliance with the maximum allowable

concentrations in question shall begin no

later than April

1,

 1990.

(G)

 Construction of all installations,

changes

 or additions necessary

 to achieve

compliance with maximum allowable

concentrations

 in question shall be

completed no later

 than May

1,

 1991.

(H)

 Beginning on May

 1, 1991, petitioner

shall sample quarterly

 in accordance with

paragraph

(B)

 above.

 Compliance shall

be

proved no later

 than May

1,

 1992.

(I)

 Pursuant

to

35

 Ill.

 Adni.

 Code 606.201,

in

its first set

 of water

 bills or within

three months after the date of this

Variance Order,

 whichever occurs

 first,

100-35

—6—

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. Mm. Code

602.105(a)

 Standards of Issuance and

35

Ill. Mm. Code 602.106(b) Restricted

Status,

as

 it relates

 to the MAC standard

in question.

(J)

 Pursuant

to

35

 Ill. Mm. Code 606.201,

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 standard in question.

 The notice

shall

 state the average content

 of the

contaminant

 in question

 in samples taken

since

 the last notice period during which

samples were

 taken.

(K)

 Until

 full compliance

 is reached,

petitioner shall

 take all reasonable

measures with

 its existing equipment to

minimize the level

 of contaminant

in

question

 in its finished drinking water.

(L)

 The petitioner

 shall provide written

progress reports

to

 IEPA,

 DPWS,

 FOS every

six months concerning

 steps

 taken

to

comply with paragraphs

 (C),

 (D),

 (E),

(F)

and

 (G).

 Progress

 reports shall quote

each of said paragraphs and immediately

below each paragraph

 state what steps

have been taken

 to comply with each

paragraph.

(M)

 That within forty—five days of the date

of this Order, Coal City shall execute

and

send

 to Bobella Glatz,

 Enforcement

Programs,

 Illinois Environmental

Protection

 Agency,

 2200 Churchill Road,

Springfield,

 Illinois 62794—9276,

a

Certificate

 of Acceptance

 by which Coal

City agrees

 to be bound

 to all terms

and

conditions

 of the granted variance.

 This

1fl0~36

—7—

variance will

 be void

 if Coal City fails

to execute and forward

 a Certificate

within the forty—five

 (45) day period.

The 45—day period shall be held in

abeyance for

 a period during which

 this

matter

 is appealed.

 The form of

 this

Certificate shall

be

as

 follows:

CERTIFICATE OF ACCEPTANCE

I,

 (We)

hereby accept

 and agree to bound

 by all terms and conditions of

the Order of

 the Pollution Control Board

 in PCB 89—55,

adopted _______________________________

Petitioner

Authorized Agent

Title

Date

Section 41 of the Environmental Protection

 Act,

 Ill. Rev.

Stat.

 1985,

ch.

 1111/2,

 par.

 1041, provides

 for appeal

 of final

Orders

the

Board

 within

 35 days.

 The Rules of

 the Supreme

Court of Illinois establish

 filing

 reouirements.

B.

 Forcade dissented.

IT

 IS SO

ORDERED.

I,

 Dorothy M Gunn, Clerk of

 the Illinois Pollution Control

Board, hereby certify that the above Opip-3~onand Order was

adopted

the

_____________

day

1989,

vote

___________.

on Control Board

100—37