ILLINOIS POLLUTION CONTROL BOARD
August 15, 1985
VILLAGE OF t4INOOKA,
Petitioner,
vs.
)
PCJ3
85—100
ILLINOIS ENVIRONMENTAL
)
L~RoTEcrroN
AGENCY,
Respondent.
I~~ERIMORDER
OF1
THE BOARD (by R. C. Flemal):
By action of the Board this day pursuant to Section 5.02 of
the Illinois Administrative Procedure ~ct as provided in Ill.
Rev. Stat. ch. 111~par. 1027(c), the Proposed Amendments to
Public dater Supply Regulations (35 11. Adm. Code 602.105 and
602.106), docketed as R85—14, have been enacted as an emergency
rule. The emergency rule provision was invoked to allow
temporary adoption of the provisions of R85—14 pending ultimate
and permanent resolution of this matter.
The effect of the Board’s immediate action is that for the
next 150 days, no community may be denied an Agency permit
required for water main extensions for the reason of delivering
finished water containing levels of fluoride, combined radium 226
and radium 228, or gross alpha particle activity in excess of the
~3oarc3’sregulations, as long as the delivered water has:
1) a fluoride concentration less than or equal to 4 mg/l;
and
2) a combined radium 226 and radium 228 concentration less
than or equal to 20 pCi/i; and
3) gross alpha particle activity (including radium 226 but
excluding radon and uranium) concentration less than or
equal to 60 pCi/i.
Moreover, any community whose only violations are within the
parameters outlined above will not be placed on Restricted Status
during the 150 day period. Thus, during this period water main
extensions, previously denied under 35 Ill. Adm. Code 602.105 and
602.106 solely because of fluoride, combined radium, or gross
alpha violations, singly or in combination and subject to the
above limitations, will be permitted. Because Petitioner’s
variance request is based on delivered water with combined radium
225
and
radium 228 greater than 5 pCi/i but less than 20 pCi/i
65-291
and gross alpha particle activity greater than 15 pCi/i but less
than 60 pCi/i, the Board notes that during the 150 day pendency
~f the emergency rule Petitioner does not need the variance it
has requested.
The Board further notes that if the Proposed Amendments to
Public water Supply Regulations are adopted as a permanent rule
Petitioner will have relief identical to its variance request
until January 1, 1989, and Board consideration of the requested
variance would be duplicitous. Due to the uncertainty regarding
the timeframe for final action on R85—14, however, the Board
cannot definitively state that the amendments proposed in R85—14
will be promulgated by the end of the 150 day period.
It appears to the Board that in light these considerations,
Petitioner has three options respecting its pending variance
request. First, Petitioner could move to withdraw its
petition. Such withdrawal would be without prejudice, and
Petitioner would thereby retain the right to refile
the petition
at a later date.
Second, Petitioner could elect to waive the time for
decision on its pending variance petition, thereby removing the
deadline the Board faces regarding issuance of a final decision
on the petition. The amount of time waived for decision, if any,
is wholly at the discretion of the Petitioner.
Either of these two options would afford Petitioner the
opportunity to consider a response appropriate to the ultimate
resolution of R85—14, or to such other actions as might bear on
?etitioner’s need for variance relief.
Finally, Petitioner could choose neither of the options
described above and stand by its petition as presently filed with
the Board. In that case, the Board will take final action on the
petition within the statutory 90 day decision period.
Should Petitioner desire either to move for withdrawal or
waive the time for decision, it should do so within 15 days from
the date of this Order.
IT
IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the bove Interim Order was adopted on
the
/5~
day of
______________,
1985, by a vote
of -7-0
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
65-292