ILLINOIS POLLUTION CONTROL BOARD

June

16,

1988

VILLAGE OF ELBURN,

Petitioner,

v.

)

PCB 88—4

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD

(by J. Theodore Meyer):

This matter

is before

the Board

on

a May 26,

1988 motion

filed by petitioner Village

of Elburn.

This motion seeks

reconsideration of this Board’s April

21, 1988 Opinion and Order

granting Elburn

a nine month variance from 35

Ill.

Adm.

Code

602.105(a)

“Standards

for Issuance” and

from

35

111.

Adm. Code

602.106(b)

“Restricted Status”,

but only as those

rules relate

to

the combined radiurn—226 and radiurn—228

(combined radium)

standard

of

35

Ill. Adm. Code 604.301(a).

On June

2,

1988,

the Board

granted the portion of Elburn’s motion which sought extension

of

the time to file

a certificate

of acceptance

of that nine month

variance.

The Illinois Environmental Protection Agency

(Agency)

filed

its response

to the motion for reconsideration on June

10,

1988.

Elburn asks that the Board

reconsider

its April

21,

1988

decision and grant Elburn

a five year variance as originally

requested.

In support of its motion,

Elburn contends

that:

(1)

it

is firmly committed

to achieving compliance with the combined

radium standard within

five years;

(2)

it has remedied several

of

the Board’s concerns including formal retention of an engineering

firm;

and

(3)

because

of the short duration of

the nine month

variance,

the Agency intends

to proceed against Elburn

for

enforcement of the underlying drinking water standards.

Elburn

also maintains that

in order

to continue

the nine month variance

without

a break,

it would have

to submit

a petition for extension

of variance 180 days prior

to expiration.

Elburn points out that

the nine month variance

requires that Elburri’s compliance plan be

submitted by

the end

of that variance.

Thus,

Elburn states that

it would be forced

to submit

a petition for extension before

its

compliance plan

is completed.

The Agency states

that its response

is filed

not

to change

its original recommendation

(to grant

the variance for five

years)

nor

to join in Elburn’s motion for reconsideration, but

to

clarify the record

and inform the Board.

The Agency submits

that

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in order

to meet USEPA requirements,

there

must be

a final date

certain

for compliance,

or enforcement proceedings must be

brought.

A date certain can be contained

in

a variance or

in

a

“Letter

of Commitment”.

The Agency states that Elburn was sent

an enforcement

letter

and

a Letter

of Commitment

in January 1988,

but that Elburn failed

to

sign and return

the Letter

of

Commitment.

Thus,

the Agency points out that such

a letter would

meet USEPP. requirements.

Without commenting on the option of the Letter of Commitment)

the Board will grant the motion

for reconsideration

in part.

The

Board will extend the previously granted variance for 120 days,

or until May 21,

1989.

This will

allow Elburn

to file any

petition for extension of variance after

its compliance plan

is

completed

in January 1989.

(The Board

notes

that although Elburn

stated that

it would have

to file

a petition

for extension 180

days prior

to expiration,

Section 38(a)

of the Environmental

Protection Act allows this Board only

120 days

in which

to take

final action on

a petition for variance.)

However,

the Board

will deny Elburn’s request

for

a five year variance.

Regardless

of Elburn’s

stated intention

to comply with

the combined radium

standard within five years,

there

is still

no commitment

to

a

specific compliance plan.

Thus,

Elburn’s motion

for

reconsideration

is granted

in part.

The Board

rescinds

its prior

Order

of April

21,

1988 in

its entirety.

The following

constitutes the Board’s Order

in this case.

ORDER

The Village

of Elburn

(Elburn)

is hereby granted

a variance

from

35 Ill. Mm.

Code 602.105(a)

“Standards

for Issuance” and

602.106(b)

“Restricted Status’t,

but only as they relate

to the

combined

radiurn-226 and radiurn—228 standard of

35

Ill.

Adm. Code

604.301(a).

The variance

is subject

to the following conditions:

I.

This variance expires on May 21,

1989, or when analysis

pursuant to

35

Ill. Mm.

Code 605.105(a)

shows

compliance with the standard for combined

radium, which

ever occurs first.

2.

In consultation with the Agency,

Elburn shall continue

its sampling program

to determine

as accurately as

possible the level

of radioactivity in

its wells and

finished water.

Until this variance expires, Elburn

shall collect quarterly samples

of

its water

from its

distribution system,

at locations approved

by

the

Agency.

Elburn shall composite the quarterly samples

from each location separately and shall analyze

them

annually by

a laboratory certified

by the State

of

Illinois

for radiological analysis so as

to determine

the concentration

of combined radium.

The results of

the analyses shall

be reported

to the Compliance

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—3—

Assurance Section, Division

of Public Water

Supplies,

2200 Churchill Road,

IEPA, Springfield, Illinois 62794—

9276, within

30 days of

receipt of each analysis.

At

the option

of Petitioner,

the quarterly samples may be

analyzed when collected.

The running average

of the

most recent

four quarterly sample results shall

be

reported

to the above address within

30 days

of receipt

of

the most recent quarterly sample.

3.

By May 21,

1988,

Elburn shall secure professional

assistance

(either

from present staff or

an outside

consultant)

in investigating compliance options,

including the possibility and feasibility

of achieving

compliance

by blending water

from shallow well(s) with

that

of

its deep well.

4.

By June

21, 1988,

evidence that such professional

assistance has been secured

shall

be submitted

to the

Agency’s Division

of Public Water Supplies,

FOS,

at 2200

Churchill Road,

Springfield, Illinois

62794—9276.

5.

By January

21,

1989, Elburn

shall complete investigating

compliance methods,

including

those treatment techniques

described

in the Manual

of Treatment Techniques

for

Meeting the Interim

Primary

Drinking Water Regulations,

IJSEPA, May 1977, EPA—600/8—77—005, and submit

to IEPA,

DPWS,

a detailed Compliance Report showing how

compliance

shall be achieved within the shortest

practicable

time.

6.

Failure

to meet the deadlines

in paragraphs

3,

4

and

5

will

result in the automatic termination

of the

variance.

7.

Pursuant

to

35

Ill. Adm. 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,

Elburn shall

send

to each user

of

its public water supply

a written notice

to the

effect that Elburn has been granted by

the Pollution

Control Board

a variance from 35

Ill.

Adm. Code

602.105(a)

Standards of Issuance and

35

Ill.

Adrn.

Code

602.106(b)

Restricted Status,

as

it relates

to

the

standard for the combined

radium.

8.

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,

Elburn shall send

to each user

of its

public water supply

a written notice

to

the effect that

Elburn

is not

in compliance with

the standard

for

combined radium.

The notice

shall state

the average

90—131

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—4—

content

of combined radium in samples

taken

since

the

last notice period during which samples were taken.

9.

Until

full compliance

is reached, Elburn shall take all

reasonable measures with its existing equipment

to

minimize the level of contaminant in question

in its

finished drinking water.

10.

Within

45 days after

the date of

this Opinion and Order

Elburn shall execute and send

to:

Illinois Environmental Protection Agency

Attention:

Bobella Glatz

Enforcement Programs

2200 Churchill Road

Springfield, Illinois 62794—9276

a certificate

of acceptance of

this variance by which

it

agrees

to be bound

by the terms and conditions contained

herein.

This variance will

be

void if Elburn fails

to

execute and forward

the certificate within

the

45 day

period.

The

45 day period

shall be

in abeyance for any

period during which

the matter

is appealed.

The form of

the certification shall be

as follows:

CERTIFICATION

I,

(We), _____________________________,

having

read the

Order

of the Illinois Pollution Control Board

in PCB 88—4,

dated

June 16,

1988,

understand and accept

the said Opinion and Order,

realizing

that such acceptance renders all terms

and conditions

thereto binding and enforceable.

Petitioner

By:

Authorized Agent

Title

Date

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—5--

11.

Section 41 of

the Environmental Protection Act

(Ill.

Rev.

Stat.

1985,

ch.

1111/?

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.

J.

B. Dumelle and B.

Forcade dissented.

I,

Dorothy M. Gunn,

Clerk

of the Illinois Pollution Control

Board,

hereby certify that

the above Order

was adopted on

the

/~~-

day of

________________,

1988,

by a vote

of

~

Illi

Control Board

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