ILLINOIS POLLUTION CONTROL BOARD
February 25, 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 3. Theodore Meyer):
This matter is before the Board on a verified motion to
modify, filed by the Village of Lemont on January 22, 1988.
Lemont seeks extension of the variance granted in the Board’s
March 19, 1987 Order. That Order granted Lemont a variance from
35 Ill. Mm. Code 602.105(a) (Standards of Issuance) and 35 Ill.
Mm. Code 602.106(b) (Restricted Status), but only as those
sections relate to combined radium and gross alpha particle
activity. The variance is to expire on March 19, 1988. The
Illinois Environmental Protection Agency (Agency) filed its
response on January 28, 1988. On January 27, 1988, the Board
received a certificate of service from Lemont stating that
intervenors Carolyn F. Placek, Katherine H. Murphy, and George
Podrebarac were served with the motion on January 25, 1988.
Iritervenors have not responded to the motion.
In the instant motion, Lemont asks that the variance be
extended for an additional six months, until September 19,
1988. Lemont states that it cannot come into compliance by March
19, 1988 because severe weather and remedial work on its water
tower have delayed its construction of the treatment system. In
support of its request, Lemont has attached a letter from its
contractor asking for an extension until July 9, 1988 in which to
complete its work. The contractor states that an extension is
necessary because of a seven week delay in starting construction
and because of winter conditions. (Motion, ex. 5.) Lemont has
also included a memo from its consulting engineer, which
recommends that Lemont request an extension of variance to
September 19, 1988. (Motion, ex. 6.)
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—2—
In its response, the Agency states that Lemont’s motion
fails to answer several questions about the delay in
construction, and that in light of these unanswered questions, it
cannot venture an opinion as to whether compliance will be
achieved within the shortest practicable time. However, because
Lemont appears to be making progress in constructing the
treatment facility, the Agency states that it has no objection
to a grant of the motion to modify.
The Board agrees with the Agency that Lemont’s motion does
leave several questions unanswered, and that there is some
question as to whether construction of the treatment facility has
proceeded as quickly as practical. Nevertheless, Lemont does
seem to now be on track in achieving compliance. Therefore, the
motion to modify the Board’s March 19, 1987 Order is granted.
ORDER
The Village of Lemont is hereby granted a variance from the
provisions of 35 Iii. Mm. 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 September 19, 1988;
2. Petitioner shall continue its efforts to obtain Lake
Michigan water through the Joint Action Water Agency.
3. In consultation with the Agency, Petitioner shall
continue its sampling program to determine as accurately
as possible the level of radioactivity in its well 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 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 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 shall be achieved with the maximum allowable
concentration in question no later than September 19,
1988.
86—336
—3—
5. Within three months of the grant of the variance, the
Petitioner shall prepare a detailed compliance report
showing how compliance shall be achieved within the
shortest practicable time, but no later than September
19, 1988.
6. This Compliance Report shall be submitted within three
months of the grant of this variance to IEPA, DPWS.
7. Within four months of grant of the variance Petitioner
shall apply to IEPA, DPWS, Permit Section, for all
permits necessary for construction of installations,
changes or additions to the Petitioner’s public water
supply needed for achieving compliance with the maximum
allowable concentration for the standards in question.
8. Within three months after each construction permit is
issued by IEPA, DPWS, the Petitioner shall advertise for
bids, to be submitted within 60 days, from contractors
to do the necessary work described in the construction
permit. The petitioner shall accept appropriate bids
within a reasonable time. Petitioner shall notify IEPA,
DPWS, within 30 days of each action, of: 1)
advertisements for bids, 2) names of successful bidders,
and 3) whether Petitioner accepted the bids.
9. Construction allowed on said construction permits shall
begin within a reasonable time of bids being accepted,
but in any case, construction of all installations,
changes or additions necessary to achieve compliance
with the maximum allowable concentrations in question
shall be completed no later than September 19, 1988.
10. Pursuant to 35 Ill. Mm. 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. Mm. 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.
11. 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, 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. The notice shall state the average content
86-337
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of the contaminant in question in samples taken the last
notice period during which samples were taken.
12. The Petitioner shall take all reasonable measures with
its existing equipment to minimize the level of
contaminant in question in its finished water.
13. The Petitioner shall provide written progress reports to
IEPA, DPWS, for every six months concerning steps taken
to comply with paragraphs 2, 8, 9 and 12. Progress
reports shall quote each of said paragraphs and
immediately below each paragraph state what steps have
been taken to comply with each paragraph.
14. 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, Springfield,
Illinois 62706, 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 February 25, 1988, understand and accept the said Order,
realizing that such acceptance renders all terms and conditions
thereto binding and enforceable.
Petitioner
By: Authorized Agent
Title
Date
IT IS SO ORDERED.
86—3 38
—5—
J. D. Dumelle and B. Forcade dissented.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify ~at the above Order was adopted on
the
,~$ZZ
day of
~
,
1988, by a vote of
6 ~
Illino
Control Board
86—339