ILLINOIS POLLUTION CONTROL BOARD
April 27, 1989
CITY OF OTTAWA,
)
Petitioner,
v.
)
PCB 88—180
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
Respondent.
ORDER OF T1~1E BOARD (by M. Nardulli):
This matter comes before the Board upon a petition for
modification filed by the petitioner, City of Ottawa, (“Ottawa”)
on April 10, 1989. Ottawa’s petition seeks modification of the
Board’s March 9, 1989 Opinion and Order granting Ottawa a
variance until March 5, 1991 from 35 Ill. Adm. Code 602.105(a),
“Standards for Issuance” and from 35 Ill. kdm. Code 602.106(b),
“Restricted Status”, as they relate to the combined radium—226
and radium—228 (“combined radium”) standard of 35 Ill. Adm. Code
604.301(a).
The Illinois Environmental Protection Agency (“Agency”)
filed its response to the petition for modification on April 14,
1989. On April 21, 1989, the Agency filed a clarification to its
response to petition for modification.
Ottawa requests that the Board revise paragraph E of its
March 9, 1989 Order to allow Ottawa to complete improvements to
its public water supply system in a two—step program, with step
one including construction of a new deep water well (proposed
Well 12) and step two involving investigative and remedial work
on Wells 8 and 10. Ottawa also states in its petition for
modification that “completion of the proposed Well 12 and
rehabilitation of Well 8 will enable the petitioner to meet the
radium standards by March 5, 1990.” (Pet. Modif. at 3).
In the Agency’s response to Ottawa’s petition, it stated
that it had no objection to Ottawa’s requested revision. In its
clarification the Ag~ncy further stated that regardless of
Ottawa’s two—step program, construction of Well 12 and remedial
work on Well
8 shall be completed by March
5, 1990
and that
the
Agency does not agree
with Ottawa’s concept of
“pessimistic
dates” contained in its petition for modification. (Agency
clarif. at 1).
The Board will grant Ottawa’s petition for modification and
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issue an Order to allow Ottawa to proceed in a two—step program
in accordance with the dates outlined in the Agency’s
clarification. This modification does not change the length of
Ottawa’s variance, but allows Ottawa to proceed in two steps
within the time limits of the original variance. In the
interests of having the Board’s Order as modified today set forth
in a single document, the Board rescinds its prior Order of March
9, 1989 in its entirety. The following constitutes the Board’s
Order in this case.
ORDER
1. Petitioner, the City of Ottawa, is hereby granted a
variance from 35 Ill.. Adm. Code 602.105(a) Standards of Issuance
and from 35 Ill. Adm. Code 602.106(b) Restricted Status but only
as they relate to the combined radium—226 and radiurn—228 standard
of 35 Ill. Adm. Code 604.301(a), subject to the following
conditions:
(A) This variance expires on March 5,
1991 or when anaylsis pursuant to 35
Ill. Adm. Code 605.104(a) shows
compliance with the combined radium
standard, whichever occurs first.
(B) In consultation with the Agency,
Ottawa 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, Ottawa shall sample its
water from its distribution
system
at locations approved by the
Agency. Ottawa shall composite the
quarterly samples for 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 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
6294—9276,
within 30 days of receipt of each
analysis. At the option of Ottawa,
the quarterly samples may be
analyzed when collected. The running
average of the most recent four
quarterly sample results shall be
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reported to the above address within
30 days of receipt of the most
recent quarterly sample.
(C) By May 5, 1989, unless there has
been a written extension by the
Agency, Ottawa shall apply to IEPA,
DPWS, Permit Section, for all
permits necessary to construct the
new deep’ water well as described in
Petitioner’s Amendment to Petition
for Variance.
(D) By November 5, 1989, Ottawa shall
apply to IEPA, DPWS, Permit Section
for all permits necessary for
construction of all other
installations, changes or additions
to Ottawa’s public water supply
needed for achieving compliance with
the maximum allowable concentration
for the combined radium standard.
(E) Within 3 months after each
construction permit is issued by
IEPA, DPWS, Ottawa shall advertise
for bids, to be submitted within 60
days, from contractors to do the
necessary work described in the
construction permit. Ottawa shall
accept appropriate bids within a
reasonable time. Ottawa shall
notify IEPA, DPWS, within 30 days,
of each of the follo~iing actions:
1) advertisements
for bids, 2) names
of successful bidders, and 3)
whether Ottawa accepted the bids.
(F) Construction allowed on said
construction permits for the new
deep water well shall being within a
reasonable time of bids being
accepted, but in any case,
construction of the new deep water
well shall begin by July 5, 1989 and
shall be completed no later than
March 5, 1990.
(C) ConsLruction
allowed
on said
construction permits for well 8
shall begin within a reasonable time
of bids being accepted, but in any
case construction of all other
installations, changes or additions
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necessary to achieve compliance with
the maximum allowable concentration
for combined radium shall begin no
later than January 5, 1990 and shall
be completed by March 5, 1990.
(Fl) 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, Ottawa shall send to
each user of its public water supply
a written notice to the effect that
Ottawa has been granted a variance
from 35 Ill. Adm. Code 602.105(a)
Standards of Issuance and 35 Ill.
Adm. Code 602.106(b) Restricted
Status.
(I) Pursuant to 35 Ill. Adm. Code
606.201, in its first set of water
bills or by June 5, 1989, whichever
occurs first, and every three months
thereafter, Ottawa will send to each
user of its public water supply a
written notice to the effect that
Ottawa is not in compliance with the
combined radium standard. The
notice shall state the average
content of radium in samples taken
since the last notice period during
which samples are taken.
(J) Until full compliance is reached,
Ottawa shall take all reasonable
measures with its existing equipment
to minimize the level of contaminant
in question in its finished drinking
water, including primary reliance on
Well No. 11 so as to minimize radium
levels in the water.
(K) Ottawa shall provide written
progress reports to IEPA, DPWS, FOS
by May 5, 1989 and every two months
thereafter concerning steps taken to
comply with the requirements
of this
Order.
Progress ueports
shall
quote
each
of said paragraphs and
immediately below each paragraph
state what steps have been taken to
comply with each paragraph.
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2. Within 45 days of the date of this Order, Ottawa 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 this
variance. This forty—five (45) day period shall be held in
abeyance for any period this matter is being appealed. If the
petitioner fails to execute and forward the agreement within a
forty—five (45) day period, the variance shall be void. The form
of 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 88—180, April 27,
1989.
Petitioner
Authorized Agent
Title
Date
Section 41 of the Environmental Protection Act, Ill. Rev.
Stat. 1987 ch. 1111/2, 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.
J.D. Dunielle 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
~7l1’T
day of ________________________, 1989, by a vote of
Dorothy M. Gj.l’nn, Clerk,
Illinois PqXlution Control Board
98—2 63