ILLINOIS POLLUTION CONTROL BOARD
    August 8, 2002
    CITY OF CARLYLE,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 03-11
    (Variance - Water)
    ORDER OF THE BOARD (by C.A. Manning):
    The City of Carlyle in Clinton County (Carlyle) seeks a variance from certain turbidity
    requirements in the Board’s primary drinking water standards. The Environmental Protection
    Act authorizes the Board to grant temporary relief from its regulations in the form of a
    variance.
    See
    415 ILCS 5/35(a) (2000). The person requesting the variance must prove that
    compliance with the Board’s regulations “would impose an arbitrary and unreasonable
    hardship.”
    Id.
    Below, the Board briefly describes the Carlyle’s operations and variance
    request. The Board then accepts the variance petition for hearing.
    Carlyle has a water treatment plant at 151 Jefferson in Carlyle, Clinton County.
    Carlyle explains in its July 22, 2002 petition for variance
    1
    that its plant provides potable water
    service to 12,209 residents within the city limits and the surrounding communities. Pet. at 4.
    According to the petition, the plant is a conventional surface water filtration plant.
    Id.
    at 6.
    Carlyle seeks a variance from the Interim Enhanced Surface Water Treatment Rules at
    35 Ill. Adm. Code 611.743, 611.744, and 611.745 that apply to public water systems serving
    over 10,000 people. Pet. at 3. The compliance date for the regulations was January 1, 2002.
    In its petition, Carlyle explains that, until December 18, 2001, Carlyle believed that it served
    fewer than 10,000 people, and was not able to meet the requirements by January 1, 2002.
    Id.
    at 9.
    Carlyle states that it has prepared a plan of action and a work schedule for compliance
    with the regulations. Pet. at 9. The proposed improvements include modifications to
    continuously measure and record filtered water turbidity; replacement of backwash water feed
    valves; replacement of dual sand and anthracite media in all four filters; and modifications to
    the filter control cycle.
    Id.
    at 10-11. Carlyle expects compliance with the regulations by
    1
    Carlyle’s petition is cited as “Pet. at ___.”
    2
    March 1, 2003.
    Id.
    at 11. Carlyle asks the Board to hold a hearing and requests that the
    variance be effective for the period of January 1, 2002 until March 1, 2003.
    Id.
    at 1.
    Carlyle’s petition meets the content requirements of 35 Ill. Adm. Code 104.406. The
    Board accepts the petition for hearing. Carlyle has the burden of proof. 35 Ill. Adm. Code
    104.238. Hearings will be scheduled and completed in a timely manner, consistent with the
    decision deadline (
    see
    415 ILCS 5/38(a) (2000)), which only Carlyle may extend by waiver
    (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to take final action by the decision
    deadline, Carlyle may deem the variance granted. 415 ILCS 5/38(a) (2000). Currently, the
    decision deadline is November 19, 2002 (the 120th day after July 22, 2002).
    See
    35 Ill. Adm.
    Code 104.232. The Board meeting immediately before the decision deadline is scheduled for
    November 7, 2002.
    Unless the Board or the hearing officer orders otherwise, the Agency must file a
    recommendation as to the disposition of the petition by September 5, 2002, which is 45 days
    after the filing of the petition, or where there has been a hearing scheduled, at least 30 days
    before hearing, whichever is earlier.
    See
    35 Ill. Adm. Code 104.216(b). The
    recommendation must comply with the content requirements of 35 Ill. Adm. Code 104.216(b).
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on August 8, 2002, by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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