ILLINOIS POLLUTION CONTROL BOARD
August
4,
1988
MCINTOSH,
LTD.,
—
HOLDING,
INC.
)
and
TURNBERRY UTILITIES,
INC.,
)
Petitioners,
PCB 88—81
v.
)
PCB 88—88
(Consolidated)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
ORDER OF THE BO1~RD(by M. Nardulli):
On July
18,
1988, Turnberry filed
an amended petition and a
motion
for expedited decision.
The Agency filed
a Recommendation
in
support
of
grant
of
variance
on
July
19.
Hearing
was
held
on
July
22,
1988
at
which
no
members
of
the
public
were
present.
The
transcript
of
that
hearing
has
not
as
yet
been
received,
although
the
Hearing
Officer
has
forwarded
a
corrected
Agency
Recommendation
which
was
submitted
at
heating.
In its motion for expedited decision, Turnberry requests the
Board
to take action at its August
4,
1988 meeting stating:
Immediate
resolution
of
this matter
is needed
in
order
to
allow
Petitioner’s
public
water
utility
service
in
Lakewood,
McHenry
County,
Illinois
to
continue
providing
existing
customers
at
the
Turnberry
Development
with
drinking
water,
as
well
as
to
provide
new
homeowners with essential water supply.
McIntosh,
Ltd.
—
Holdings,
whose
Amended
Petition
for
Variance
(PCB
88—81)
has
been
consolidated
with
this
proceeding,
has
an
urgent
need
for
Petitioner
to
obtain
a
variance
from
the
fluoride
standard
so
that
McIntosh
may
obtain
necessary
construction
and
operating
permits.
McIntosh,
Ltd.
—
Holdings
has
indicated
that
it
supports
the
instant
motion
for
expedited decision.
91—151
—2—
The Illinois EPA has
reaffirmed
its
intention
to
recommend
in
the immediate future
that the
Pollution Control
Board
act
to
raise
the
2.0
mg/I
standard
to
the
4.0
mg/i
maximum
promulgated by the U.S.
EPA.*
While
the Board would ordinarily hold decision pending
receipt of transcripts,
under
these circumstances,
the Board will
proceed
to decide
the case, with an Opinion
to follow.
The Board finds
that denial
of variance to Turnberry would
impose an arbitrary or unreasonable hardship,
and grants variance
subject
to conditions
as suggested by the Agency.
The Board will
grant variance solely to Turnberry, which
is the operator
of the
public water supply.
Variance
to McIntosh
Ltd.
—
Holdings
is
unnecessary,
as variance to Turnberry provides
all necessary
relief and as all conditions
to the variance require actions only
by Turnberry.
Petitioner,
Turnberry Utilities,
Inc.
is hereby granted
variance from 35
Ill. Adm.
Code 602.105(a)
Standards for
Issuance,
and 602.106(b) Restricted Status,
but only as they
related
to
the
2.0
mg/i
fluoride
standard
contained
in
35
Ill.
Adm. Code 604.202
fluoride, from May 16,
1988 to May 16,
1991
subject
to the following conditions:
A)
This variance expires on May 16,
1991 or when analysis
pursuant
to
35
Ill. Adm. Code 605.103 and
604.204(a)
shows
compliance with the maximum allowable concentration, whichever
occurs
first.
(B)
Petitioner
shall submit
to the IEPA, DPWS,
on or before
February
16,
1990 an updated
report prepared by its conducting
engineers regarding the methods
for fluoride removal examined by
them and explaining
in detail the recommended system for fluoride
removal.
As
a part
of this report, Turnberry shall
identify the
method for fluoride removal chosen.
However,
no report shall
be
required
if Petitioner
is
in compliance as
of February 16,
1990.
(C)
In consultation with the Agency, Petitioner
shall
continue its sampling program to determine
as accurately as
possible the level
of fluoride
in its wells and finished water.
*
The Board additionally notes
that recent legislation,
HB 4009,
adopted
by both Houses but not yet signed by the Governor,
contains
a
provision
which
could affect this proceeding
if it
becomes
law.
The
effect
of
this
provision
would
be
to
raise
the
state
fluoride
standard
here
applicable
from
2.0
mg/i
to
4.0
mg/i,
the
current
federal
standard.
91—152
—3—
(D)
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 and
to the Agency 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
it relates
to the Maximum Allowable
Concentration for Fluoride.
This written notice
shall
conform to
the requirements
of
35
Ill. Adm, Code 606.205.
T~dditionally,
Petitioner shall notify
the public
of granted
of variance by
publication
of written notice conforming
to Section 606.205
in
a
daily newspaper of general circulation
in the area served by the
supply not later
than 90 days after
the grant.
A copy
of this
publication shall
be provided
to the Agency.
If the area
is
not
served by
a daily newspaper
of general circulation, notice by
newspaper shall instead be given by publication
in a weekly
newspaper of general circulation serves
the area.
If no weekly
newspaper of general circulation serves
the area, notice shall
be
given by posting the notice
in conspicuous locations within
the
area served
the supply.
Petitioner
shall notify new customers by
mail delivery or hand delivery.
(This condition conforms
to the
requirements set forth
in Federal Reg.,
Vol.
52,
No.
208
pp.
41534—41550)
(E)
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, and
to the Agency
a written notice
consisting of the following
language and no additional language
except as necessary to replace the superscripts.
“Dear
User,
The U.S. Environmental Protection Agency requires that we
send you
this notice on the level
of fluoride
in your
drinking water.
The drinking water
in your community has
a
fluoride concentration of’ milligrams per liter
(mg/i).
Federal regulations require that fluoride, which occurs
naturally in your water
supply,
not exceed
a concentration
of
4.0 mg/l
in drinking water.
This
is
in enforceable
standard
called
a Maximum Contaminant Level
(MCL),
and
it has been
established
to protect the public
health.
Exposure
to
drinking water
levels above
4.0 mg/l
for many years may
result
in some cases
of crippling skeletal fluorosis,
which
is a serious bone disorder.
1 Community Water Supply shall insert
the compliance result which
triggered notification under
this Part.
91—153
—4—
Federal law also requires
that we notify you when monitoring
indicates that the fluoride in your drinking water exceeds
2.0 mg/i.
This
is intended
to alert families about dental
problems that might affect children under nine years
of
age.
The fluoride concentration of your water exceeds this
federal guideline.
Fluoride
in children’s drinking water
at levels
of
approximately
1 mg/i reduces the number
of dental cavities.
However,
some children expose to levels
of fluoride greater
than about
2.0 mg/i may develop dental fluorosis.
Dental
fluorosis,
in
its moderate and severe
forms,
is
a brown
staining and/or pitting of
the permanent teeth.
Because dental
fluorosis occurs only when developing teeth
(before
they erupt from the gums)
are exposed
to elevated
fluoride levels, households without children are not expected
to be affected by this level
of fluoride.
Families with
children under the age
of nine are encouraged
to seek other
sources
of drinking water
for
their children
to avoid
the
possibility of
staining and pitting.
Your water supplier can lower
the concentration of fluoride
in your water
so that you will still
receive the benefits of
cavity prevention while the possibility of stained and pitted
teeth
is minimized.
Removal
of
fluoride may increase your
water costs.
Treatment systems are also commercially
available for home use.
Information
on such systems
is
available at the address given below.
Low fluoride bottled
drinking water that would meet all standards
is also
commercially available.
For further
information, contact2
at your water
system.
Petitioner shall additionally notify new customers by mail
delivery or hand delivery
in the manner
described
in this
paragraph when they begin service,
(This condition conforms to
the requirements set forth
in Federal Register, Vol.
51,
No.
63,
pp. 11396—11412).
(F)
Until
full compliance
is reached, Petitioner
shall take
all reasonable measure with its existing equipment
to minimize
the level
of fluoride in its finished drinking water.
(G)
The Petitioner shall provide written progress reports
to
IEPA, DWPS,
FOS on August
16,
1990,
January
16, 1991,
concerning
steps being taken
to achieve compliance.
2 Community Water Supply shall insert
the name,
address,
and
telephone number
of
a contact person at the PWS.”
91—154
—5—
(H)
That within forty—five days
of the grant of the
variance, Petitioner shall execute and forward
to Bobella Glatz,
Enforcement Programs, Illinois Environmental Protection Agency,
2200 Churchill Road, Springfield, Illinois
62794—9276,
a
Certificate of Acceptance and Agreement to be bound
to all terms
and conditions
of the grant 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), _____________________________,
having read the
Order
of the Illinois Pollution Control Board,
in PCB 88—88,
dated August
4, 1988, understand and accept the said Order,
realizing that such acceptance renders all
terms and conditions
thereto binding and enforceable,
Petitioner
By:
Authorized Agent
Title
Date
(I)
Section
41 of the Environmental Protection Act,
Ill.
Rev,
Stat.
1985
ch. 111
1/2 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.
91—155
—6—
J.
D.
Dumelle and
J.
T.
Meyer dissented.
I,
Dorothy M,
Gunri, Clerk
of the Illinois Pollution Control
Board, hereby certify
that the above Order was adopted
on
the
~
day of
~
,
1988,
by
a
vote
of
.~-.2
(2~t~
~.
Dorothy M~unn, Clerk
Illinois ~‘ol1utionControl Board
9 1—156