ILLINOIS POLLUTION CONTROL BOARD
April
16, 1987
CITY OF YORKVILLE,
)
Petitioner,
V.
)
PCB 86—24
PCB 87—33
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
Respondent.
ORDER OF THE BOARD
(by J. Marlin):
This matter comes before the Board
on
a Petition
for
Extension of Prior Variance, PCB 87—33,
which was contrued by the
Board
in
its Order
of March
19, 1987
as a Motion
for Modification
of the variance granted on May
9, 1986
in PCB 86—24.
The Order
of March 19 gave
the City of Yorkville
(Yorkville)
and the
Illinois Environmental Protection Agency (Agency)
until March
30
to object
to the Board’s construction of the petition
as a
motion.
Neither party filed any objection.
Consequently, the
Clerk has re—docketed
the petition accordingly.
The Board notes
that on April
6, 1987
it received
a comment
from a member
of the
public expressing concern about granting
a radium variance
to
Yorkville.
In the March
19 Order,
the Board also allowed
the
Agency to file
a
response
to the Motion for Modification by April
13,
1987.
The Agency has not filed any such response.
Yorkville
is seeking
a six—month extension for various
deadlines contained
in the compliance schedule of the May 9,
1986
Order.
Specifically, Yorkville
requests an additional
six months
in which
to present
a detailed plan for compliance and
subsequently apply for necessary permits needed
to implement a
compliance
alternative.
Yorkville
is not requesting an extension
for the compliance date of May
9,
1989.
The reason behind
the extension request
is that Yorkville
is
considering, as
a compliance alternative,
a new filtering system
which
is manufactured by Iso—Clear.
The Iso—Clear system
is
currently being
tested, and
the results of
these tests will not
be known
for
at least six months.
Yorkville does not wish to
install an Iso—Clear system until detailed scientific data
is
available which demonstrates the success
of the system.
The Board notes that the Iso—Clear system is
a technology
which
shows some promise
in the field
of
radium removal.
An
additional
six months
would allow Yorkville
to more accurately
evaluate the Iso—Clear system as
a control alternative.
It
is
important to emphasize that Yorkville
is
not requesting
an
extension of
the
length
of
the
previously
granted
variance.
77-149
2
Rather,
it
is merely seeking
to alter the scheduling
of certain
steps
in achieving compliance.
Due
to the above factors,
the Board hereby grants
Yorkville’s motion and modifies the Order
of May
9, 1986
in
PCB 86—24
as follows:
The City of Yorkville
is hereby granted
a variance from 35
Ill.
Adm.
Code 602.105(a)
and 602.106(b)
as they relate
to the
combined radium standard of Section 604.301(a),
subject to the
following conditions:
1.
This variance begins on May 9, 1986
and expires on May
9, 1989.
2.
In consultation with the Agency,
the City shall continue
testing
for
radium
226
and
228
to
determine
as
accurately as possible the
level
of radioactivity
in its
wells and finished water.
3.
One month after
the grant of variance, evidene that the
City has secured professional assistance
in
investigating compliance options shall
be submitted
to
the Agency’s Division of Public Water Supplies,
FOS,
2200 Churchill Road,
Springfield, Illinois
62706.
4.
Twelve months
after
the grant
of variance,
the City
shall complete
investigating compliance methods,
including those
treatment techniques described
in the
Manual
of
Treatment
Techniques
for
Meeting
the
Interim
Primary Drinking Water
Regulations, USEPA, May 1977,
EPA—600/8—77—005,
and shall prepare
a detailed
Compliance Report demonstrating how and when compliance
will
be
achieved,
but
no
later
than
May
9,
1989.
5.
This
Compliance
Report
shall
be
submitted
to
the
Agency’s
Division
of
Public
Water
Supplies
fifteen
months
after
the
grant
of
variance.
6.
Three months after
the date the Compliance Report
is due
in the Agency’s office
or after
a written extension of
time
by
the
Agency,
provided that this additional
extension
is
no longer than three months,
the City shall
apply
to
the
Agency’s
Division of Public Water Supplies,
Permit
Section,
for
all
permits
necessary
for
construction of installations, changes
or additions
to
the City’s public water supply needed
for achieving
compliance with
35
Ill.
Adm.
Code 604.301(a).
7.
Construction
shall
begin
at
a
time
which
will
bring
the
City
into
compliance
by
May
9,
1989.
8.
Pursuant to
35
Ill. Adm. Code 606.201,
in
its
first
set
of water bills or within three months after
the date of
77-150
3
this Order, whichever occurs first,
and every three
months thereafter,
the City shall send
each user of its
public water supply a written notice stating that the City
a)
has been granted a variance from 35
Ill.
Adm. Code
602.105(a)
(Standards of Issuance)
and Section
602.106(b)
(Restricted Status)
as they relate
to
Section 604.301(a),
and
b)
is not
in compliance with the public water
supply
radiological standard of
5 picoCuries
per liter for
combined radium 226 and 228.
The City shall also
state
in
the notice
the average content of radium
226 and 228
in samples taken
since the last notice
period.
9.
The City shall take all reasonable measures with
its
existing equipment
to minimize the level of radium 226
and 228
in
its finished water.
10.
Within forty—five
(45) days of the date
of this Order,
the City shall execute
a Certification of Acceptance and
Agreement to be bound by all
terms and conditions of the
exception granted.
This Certification shall
be
submitted
to the Agency
at 2200 Churchill Road,
Springfield, Illinois 62706.
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
Orders of
the Pollution Control Board
in PCB 86—24,
dated
May 6, 1986 and
as modified April 16,
1987.
Petitioner
Authorized Agent
Secondly,
the Board hereby directs the Clerk
to close
the
docket
in PCB 87—33.
IT
IS
SO ORDERED.
3D.
Dumelle concurred.
77.151
4
I,
Dorothy M. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify that the above Order was adopted on
the
J1OU~
day of
______________,
1987, by.a vote
of
~
-o
.
4;-t_iz:zz~~
Dorothy M.
unn, Clerk
Illinois Pollution Control Board
77-152