ILLINOIS POLLUTION CONTROL BOARD
    August
    20,
    1987
    VILLAGE OF ROSELLE,
    )
    )
    Petitioner,
    )
    )
    v.
    )
    PCB 87-39
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    Respondent.
    INTERIM ORDER
    OF THE BOARD
    (by
    J.
    Anderson):
    The Agency filed
    its Recommendation to grant variance with
    conditions,
    on July 22, which late filing was accepted
    by the
    Board
    by Order
    of August
    6.
    The Village has filed
    no Response to
    this Recommendation.
    The Board’s decision
    in this matter is due
    on September
    8,
    said date being calculated, pursuant to the 120
    day statutory reauirement,
    from the date of filing of
    the May 11
    amended petition.
    The
    regular Board meeting scheduled before
    that date
    is September
    4.
    In
    its Recommendation
    to grant variance with conditions,
    the
    Agency notes various
    allegations
    in the petition which are either
    unclear or lacking support.
    The deficiencies are noted
    in:
    Paragraphs 21,22,23
    -
    Sample Results and Effects of
    Blending
    Paragraph
    24
    -
    Documentation regarding Lake
    Michigan water source
    Paragraphs
    28
    &
    36
    -
    Hardship and persons
    to
    be served
    by new water lines
    The Board
    agrees that additional
    information would be helpful
    concerning the latter two issues.
    More troublesome
    is the issue raised
    in Paragraphs 21-23.
    The existing record does not adequately address
    the threshold
    issue
    in
    a variance case: whether there
    is
    in fact non-compliance
    requiring variance relief.
    It is clear from the Village’s
    sampling results that Well No.
    5,
    with
    a combined radium content
    of 6.1±0.8pCi/l,
    itself does not comply with the 5.0 pCi/I
    standard.
    The analysis
    of the distribution system samples which
    the Village had taken
    from locations
    at the Waterbury,
    St.
    Walter,
    Medinah Middle and Spring Hill Schools
    in 1985 and 1987
    indicate combined radium levels, respectively of
    2.5
    pCi/l;
    and
    1.7
    pCi/l.
    The relationship
    of these figures
    to the Agency’s
    80—335
    5.5 pCi/l distribution sample analysis
    is
    unclear;
    this record
    does not state
    the location of the Agency’s
    sampling point.
    More specifically,
    is the Village asserting that,
    because of
    its blending program, waters drawn
    from any point
    in its
    distribution system would be
    in compliance with the radium
    standard?
    If
    so,
    the Village would appear
    to need variance
    relief only until such time
    as the Agency’s sampling confirms
    these results,
    a year
    at most.
    On the other hand,
    is the Village
    asserting that the Agency has correctly opined that distribution
    samples taken from areas near Well No.
    5 would show
    a violation
    of the combined radium standard?
    The Village
    is
    given leave
    to file
    a late response
    to the
    Agency’s Recommendation
    which addresses the concerns outlined
    in
    this Order.
    On
    or before August
    31,
    the Village
    is directed
    to
    file either
    a response,
    or
    a notice that no response will
    be
    filed.
    If no response
    is
    filed,
    the Board will decide the matter
    on September
    4.
    If
    a response containing new factual
    information
    is filed,
    the Board’s decision timeclock will
    be reset
    as
    of the
    date of filing;
    however,
    the
    Board would decide this matter as
    expeditiously after
    the filing of the response as
    is
    practicable.
    Finally,
    a motion for extension
    of the time
    in
    which to file
    a response will
    be granted only if accompanied by
    an appropriate waiver
    of
    the September decision deadline,
    as the
    Board wishes
    to avoid issuance of
    a variance
    by default.
    On or before August
    31,
    the Agency is given leave
    to file
    a
    supplement
    to
    its Recommendation which addresses the discrepancy
    in
    the radium readings.
    No extension of this filing date can
    be
    considered
    by the Board absent
    a waiver
    of the decision deadline
    by
    the Village.
    Finally,
    given the tight timeframes involved here,
    the
    Clerk’s office
    is
    directed
    to make service
    of
    this
    Order via
    first class,
    as well as certified mail.
    IT IS
    SO ORDERED.
    I, Dorothy
    M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    hereby certify
    that the above Interim Order was adopted on
    the ~
    day of ~
    ,
    1987,
    by
    a vote of
    ~?
    ~
    ~
    Dorothy
    M. G~nn, Clerk
    Illinois Pollution Control Board
    80—336

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