ILLINOIS POLLUTION CONTROL BOARD
    September 22,
    1988
    CITIZENS UTILITIES COMPANY
    OF ILLINOIS,
    Petitioner,
    v.
    )
    PCB 88—151
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by J. Anderson):
    This matter comes before the Board
    on a petition for
    variance
    filed September 16,
    1988 by Citizens Utilities Company
    of Illinois (Citizens).
    The variance
    is requested
    for Citizens’
    water supply service area referred
    to as Chicago Suburban.
    Citizens requests five year variance from 35 Ill.
    Adm. Code
    602.105(a)
    Standards of Issuance and 602.106 Restricted Status
    but only as related to radium—226 and radium—228.
    Citizens’
    is
    seeking
    relief from the Board’s regulations so as
    to be able to
    extend its water mains and be removed from the Agency’s
    restricted status list.
    Citizens’ proposed schedule for compliance with the combined
    radium standard is as follows:
    Total Elapsed Time From
    Date of Board Order
    Event
    Grantiñg Pétition.Request
    1.
    Satisfying declaratory judgment
    36th month
    condition precedent to Glenview
    agreement; design and completion
    of construction of facilities
    for Glenview Lake Michigan
    water supply facilities.
    OR
    2.
    Obtain Illinois Commerce
    60th month
    Commission approval
    for ion
    exchange treatment design and
    completion of construction
    of ion exchange treatment
    facilities.
    92—493

    —2—
    In reviewing the variance petition,
    it appears that Citizens
    is either:
    a)
    Proposing
    to secure Lake Michigan Water
    in three years,
    but without any schedule related
    to construction of the system.
    Citizens states:
    The
    timing
    and
    success
    of
    Glenview’s
    action
    for
    declaratory
    judgment
    are
    not
    within
    Citizens’
    control
    and
    cannot
    be
    assured.
    It
    is
    Citizens’
    best
    estimate
    that,
    assuming
    one
    more
    year
    of
    litigation
    between
    Glenview
    and
    Northfield
    Woods,
    approximately
    three
    years
    will
    be
    required
    to
    substitute
    Lake Michigan water
    as Citizens’
    source
    of supply.
    (Pet.
    p.
    6,7,
    Para.
    15);
    or
    b)
    Proposing,
    as
    a subsequent alternative,
    to install
    ion
    exchange treatment equipment in five years,
    after
    first receiving
    Illinois Commerce Commission
    (ICC)
    approval, but without any
    schedule related
    to ICC approval
    or
    to construction of the
    system.
    Citizens states:
    If
    Citizens were
    required
    to
    install the treatment
    equipment
    now,
    the
    equipment
    would
    be
    rendered
    useless
    a
    short
    time
    later
    if
    CUCI obtains
    a Lake
    Michigan source of supply from Glenview as proposed
    in the compliance plan.
    (Pet.
    p.
    7,8, Para.
    17)
    The variance petition
    is deficient.
    In a variance petition
    35
    111. Adm. Code 104.121(f)
    requires:
    a detailed description of the existing and proposed
    equipment
    or
    proposed
    method
    of
    control
    to
    be
    undertaken
    to achieve full compliance with
    the Act
    and
    regulations,
    including
    a
    time schedule for the
    implementation of all phases
    of
    the control proc~ram
    completion
    and
    the
    estimated
    costs
    involved
    for
    each
    phase
    and
    the
    total
    cost
    to
    achieve
    compliance;
    (emphasis added)
    Citizens must propose a compliance plan with
    such
    a time
    schedule, and with such increments of progress.
    The Board also emphasizes that Citizens must,
    after
    discussing alternate methods of compliance, select “the control
    program proposed
    to achieve compliance” pursuant to Section
    104.121(i).
    The first
    three years
    of Citizens’ proposal commits
    to
    initiating nothing~Citizens simply proposes
    to “wait and see”
    92—494

    —3—
    until
    there
    is
    a final determination
    in court litigation that
    Citizens does not have
    to pay the connection
    fees.
    If Citizens does not win on the connection fee issue
    or,
    presumably,
    if
    it wins too late in the three year period
    to
    design, construct and hook—on to the Glenview system, Citizens
    proposes
    to start over with a new compliance program of at least
    two years
    to install
    ion exchange treatment after getting
    Illinois Commerce Commission approval.
    Here, again,
    there
    is no
    time schedule,
    no date for initiating design, and no schedule at
    all
    for any phase of the control program except
    a final
    compliance date.
    The Board
    takes special note of its opinions and orders
    in
    PCB 86—185 concerning Citizens most recent variance petition for
    the same water supply and concerning the same combined radium
    non—compliance, and hereby incorporates by reference from PCB 86—
    185:
    Opinion and Order,
    March 24,
    1988;
    Supplemental Opinion and
    Order, May 19, 1988,
    and Order, August
    4,
    1988.
    These prior Board actions thoroughly discuss
    the connection
    fee issue,
    and why it
    is unacceptably speculative
    for
    the
    litigation to be an essential element of the timing of
    a
    compliance plan.
    The only difference
    in this petition is that
    Citizens
    is now requesting authorization to abandon at some point
    the speculative compliance program (similar
    to,
    but even more
    imprecise than,
    that proposed
    in PCB 86—185)
    in favor of another
    compliance program, also deficient, and also unacceptable.
    If the Board does not receive an amended petition within 45
    days of the date of this Order curing the above—noted defects,
    this matter will be subject to dismissal.
    IT IS SO ORDERED.
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution COntrol
    Board, hereby certify that the above Order was adopted on
    the
    ~4#day
    of
    _____________,
    1988, by a vote
    of
    ?—ô
    2
    Dorothy M.
    unn, Clerk
    Illinois Pollution Control Board
    92—495

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