ILLINOIS POLLUTION CONTROL BOARD

November

29,

1988

VILLAGE OF

LEMONT,

)

)

Petitioner,

)

v.

)

PCB 86—207

)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent,

)

and

CAROLYN F. PLACEK, KATHERINE

H. MURPHY AND GEORGE PODREBARAC,

Intervenors.

ORDER OF THE BOARD

(by J.

Theodore Meyer):

This matter

is before

the Board on a verified motion

to

modify prior Board order

filed by the Village

of Lemont on

November

21,

1988.

Lemont seeks an extension of its prior

variance from 35

Ill. Adm. Code 602.105(a)

(Standards

of

Issuance) and

35 Ill.

Adm.

Code 602.106(b)

(Restricted Status),

as those sections relate to combined radium and gross alpha

particle activity.

That variance was granted by Board Order on

March 19, 1987,

with an expiration date of March 19, 1988.

On

February

25,

1988,

in response

to Lemont’s motion to modify,

the

Board extended that variance until September 19,

1988.

Lemont

now seeks an extension of that variance until January 30,

1990.

The Illinois Environmental Protection Agency (Agency) filed

its

response on November

28,

1988.

In the instant motion, Lemont asks that the variance be

extended until January 30,

1990

to allow time for the four

quarterly samples necessary

to demonstrate compliance pursuant

to

35 Ill.

Adm. Code 605.105(a).

Lemont maintains that

it was never

notified

of the one year

of sampling necessary before

it could be

removed from restricted status,

and states that it questions

whether the Agency itself was aware of the rule.

Lemont contends

that

it has approved six projects which require watermain

extension permits and has spent over half of its annual budget to

construct the treatment facility.

If the variance

is not

extended

to allow time for

sampling,

Lemont maintains that

it

will experience “substantial hardship.”

The variance extension

is also apparently requested because although

its

treatment

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facility

is substantially completed,

that facility will not be

operational until

the month

of December 1988.

The Agency does not object

to Lemont’s motion.

It does

question whether

it

is appropriate

to extend

a previously—expired

variance by motion, and reserves the

right to contest the

issue

in future cases,

but feels that

in this particular case the

request is reasonable.

The Agency notes that because the

treatment system will be operational

in the very near future and

Lemont’s customers will then receive treated water,

there

is

little else Lemont can do except perform the required sampling.

The Agency does contest Lemont’s suggestion that the Agency was

not aware of the required one—year sampling period,

and points

out that Lemont

is presumed to have knowledge of this Board

rule.

The Board agrees with the Agency that

it may not be

appropriate

in other

cases

to extend

an expired variance by

motion.

In this case,

however,

there

is little

to be gained by

penalyzing Lemont

for failure to request extension before

expiration.

The treatment facility will soon be operational,

thus providing Lemont’s customers with treated water.

Lemont

simply needs

time to comply with the sampling requirements.

The

Board notes that the sampling requirements are clearly set forth

in Section 605.105(a)

of the Board’s rules

(35

Ill.

Adm. Code

605.105(a)),

and that Lemont

is presumed

to be aware of the

Board’s rules.

Lemont’s motion to modify

is granted.

ORDER

The Village of Lemont

is hereby granted a variance from the

provisions of 35 Ill.

Adm. Code 602.105(a)

(Standards of

Issuance),

and 602.106(b)

(Restricted Status),

but only as they

relate to combined radium and gross alpha particle activity,

subject to the following conditions:

1.

This variance expires on January 30,

1990.

2.

Petitioner’s treatment facility shall be operational

and

delivering treated water

by January

1,

1989.

3.

In consultation with the Agency, Petitioner

shall

continue

its sampling program in order

to comply with

35

Ill. Adm.

Code 605.105(a).

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 contaminants

in

question.

The results of

the analyses shall be reported

to the Water Quality Unit,

Division of Public Water

Supplies,

2200 Churchill Road,

IEPA, Springfield,

Illinois 62706,

within 30 days of receipt

of each

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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.

4.

Compliance with

the maximum allowable concentrations

shall be demonstrated

as soon as possible,

but no later

than January 30,

1990.

5.

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

combined radium and gross alpha particle activity.

6.

That within 45 days of the date of this Order,

Petitioner

shall execute and forward

to Scott 0.

Phillips, Enforcement Programs,

Illinois Environmental

Protection Agency, 2200 Churchill Road,

P.O. Box 19276,

Springfield, Illinois 62794—9276,

a Certificate of

Acceptance and Agreement to be bound

to all terms and

conditions of this variance.

This variance will be void

if Petitioner

fails

to execute and forward the

certificate within the 45 day period.

This

45 day

period shall be held

in abeyance for any period this

matter

is appealed.

CERTIFICATION

I,

(We), ____________________________, having read the

Order of the Illinois Pollution Control Board

in PCB 86—207,

dated November 29, 1988, understand

and accept the said Order,

realizing that such acceptance

t~enders all terms and conditions

thereto binding and enforceable.

Petitioner

By:

Authorized Agent

93—647

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Title

Date

IT

IS SO ORDERED.

B.

Forcade dissented.

I, Dorothy M.

Gunn, Clerk

of the Illinois Pollution Control

Board,

hereby certify that the above Order was adopted on

the

‘~~dayof

~

,

1988,

by a vote of

_______

Dorothy M

Gunn, Clerk

Illinois Pollution Control Board

93—648