ILLINOIS POLLUTION CONTROL BOAPD
May
19,
1988
VILLAGE OF BOMEOVILLE,
)
Petitioner,
v.
)
PCB 87—69
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
Respondent.
ORDER OF THE BOARD
(by R.
C. Flemal):
Petitioner,
the Village of Romeoville,
is hereby granted
variance from
35
Iii.
Adm.
Code 602.105(a),
Standards
of
Issuance,
and 602.106(b), Restricted Status,
but only as
they
relate
to
35 Ill.
Adm.
Code 604.301(a), combined radium —226 and
radium —228, subject
to the following conditions:
(A)
This variance expires nine months from grant of this
variance of when analysis pursuant
to
35 Ill. Mm.
Code
605.104(a)
shows compliance with the standard
for the
contaminant
in question, whichever occurs first.
(B)
In consultation with the 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 expires,
Petitioner,
shall collect quarterly samples
of
its water
from its distribution system,
shall composite
and shall
analyze them annually by
a laboratory certified by the
State of Illinois
for radiological analysis so as
to
determine the concentration of the contaminant
in
question.
The results of the analyses shall
be reported
to the Compliance 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.
(C)
Petitioner shall take additional water samples
from its
distribution system within one block of deep Well No.
4
whenever
it is used
for more than three consecutive
days.
~ll analysis reports of the concentration of
combined radium —226 and —228 shall
be sent to CAS,
$9~-
241
—2—
Division of Public Water Supplies.
IEP~within
of
receipt and shall
indicate they were taken pu’~ nt
to this condition of
the variance.
(D)
Petitioner shall keep records of
the days Well No.
4
i
used and quantity of water pumped and provide copies
t
the Agency upon request.
(E)
Petitioner
shall not use Well No.
4 except
for
emergencies,
such as
for fighting
a fire
or because
01
mechanical failure of other wells,
and only then
to
tF
extent water delivered
to
the distribution system shaJ
not cause
a violation of
35
Ill.
Adm.
Code 604.301(a)
an annual average basis as determined pursuant
to
35
Ill.
Adm.
Code 6C~5.lO5(a).
(F)
If deep Well Nc.
4
ts
used
for any reason
to provide
water
to
the distribution system during
the term of t~
variance,
Petitioner
shall report
in writing said use
and the quantity of water pumped
to CAS Division of
Public Water Supplies,
IEPA within
14 days
of each of
said uses.
(C)
Petitioner
shall
initiate design of
a replacement
soui
of water
or treatment for Well.
No.
4 within three
months
c.f
the firs’~. time water from Well
No.
4
is add~
to Petitioner~
S
distrihu~ionsystem th~ringthe
this~ variance.
Said ocaign shall
he completed with~n
additional
six
months.
Petitioner
shall
submit
an
aoplication
for
a
construction
permit
for
said
replacement
source or treatment within
one
month
of
completion of
sai’J design.
(H)
If four consecutive quarterly samples
that are taken
within one block of Well No.
4 show that
35
Ill.
Adm.
Code 604.301(a) has been violated,
Petitioner shall
within three months of that showing advertise for bid~
and proceed with construction
for said replacement
source or treatment
of Well No.
4.
Construction
shall
be completed within an additional
six months.
(I)
Petitioner
shall comply all
of
the publication
notification requirements
of
35 Ill. Adm. Code Part
6’
Subpart
B.
(3)
The Petitioner
shall continue
to have professional
assistance
(either from present staff or
an outside
consultant)
in investigating compliance options,
including the possibilit:y and feasibility of achievin
compliance by blending water
from its shallow well(s)
with that of
its deep well(s).
S9—242
—3—
(K)
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, 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
Ill. Adm. Code
602.106(b)
Restricted
Status,
as
it
relates
to
the
MAC
standard
in
question
on
an
annual
basis.
(L)
Pursuant
to
35
Ill.
Adm.
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
on
an
annual
basis.
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.
(M)
Within
45
days
of
the
date
of
this Order,
Petitioner
shall execute and forward
to Wayne L. Wiemerslage,
Enforcement Programs,
Illinois Environmental Protection
Agency,
2200 Churchill
Road, Springfield,
Illinois
62794—9276,
a Certification of Acceptance and Agreement
to be bound
to all 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 87—69, May
19,
1988.
Petitioner
Authorized Agent
Title
Date
89—243
—4—
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.
Board Member Bill 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
~—/
.
/
Dorothy M.
dunn, Clerk
Illinois Pollution Control Board
89—244