ILLINOIS POLLEJTION CONTROL
    BOARD
    March
    5,
    1981
    ‘t~LACE O~’
    HANNA
    CITY,
    Petitioner,
    v.
    )
    PCB
    R0—2;J’
    ‘~
    ~I~i~)I~ ENVIRONMENTAL PROTECTION
    AGENCY,
    Respondent.
    J~PuE:iE~’iTALOPINION AND ORDEfl OF THE BOARD (by
    3.
    Anderso’i~
    On ~ianuary
    22, 1981, the Board adopted its Final. Opini.m
    and Order in this action, which in relevant part denied the
    petitioner’s request for variance from the 15
    pCi/i
    radiologi~’al
    quality standard of Rule 304(C) (1) of Chapter 6: Public Water
    ¶upply. Variance was denied, because
    the
    Board had not been
    advised as to the dates and accuracy of Agency tests for qross
    alpha particle activity.
    On February 19, 1981, pursuant to Procedural Rule 333, the
    Agency moved the Board to modify its Order of January 22, 1981
    to
    grant the requested variance. In support of its motion, which
    was accompanied by appropriate affidavits, the Agency stated that
    procedures to correct its radiological testing accuracy problems
    were “immediately carried out as of August 21, 1980, and the
    Agency has confidence in the test results after that date.”
    ~n Agency reanalysis of a composite of prior quarterly samples
    of
    petitioner’s finished water performed on August 27, 1980
    and
    Cepternber 5, 1980 was also provided, which showed gross alpha
    “articie activity of 24.7 ±11.8 pCi/i.
    Rather than putting the parties to the expense of initiatir.q
    another, separate variance proceeding, the Board will modify
    its Order to grant the variance requested, particularly as no
    objections were made to the original petition and no hearing was
    held. Based on the especially burdensome costs of compliance to
    petitioner’s 460 customers, and the lack of a demonstrated threat
    to the health of petitioners customers, the Board finds that
    arbitrary or unreasonable hardship has been shown. Variance from
    the 15 pCi/l gross alpha particle activity limit of Rule 304(C)(i)
    of
    Chapter 6: Public Water Supply. Variance, with conditions, i~
    granted for approximately five years, rather than until January 1,
    1984, for the reasons expressed in the main Opinion. For reasons
    of administrative convenience, this radiological quality variance
    shall, expire January 22, 1986, the date of expiration of the
    pr~viouslygranted fluoride variance.
    41—31
    This ~3upplementalOpinion constitutes the Board’s supplementa’.
    findings oF fact and conclusions of law in this matter.
    ORDER
    Paragraph
    2
    of the Board’s Order of January 22, 1981 is
    ~ierebyvacated, and the Order is hereby supplemented with the
    following additional paragraphs:
    4. Petitioner, the Village of Hanna City, is also granted
    a variance from the 15 pCi/i gross alpha particle activity limit
    of Rule 304(C)(l) of Chapter 6: Public Water Supply until
    Thnuary 22, 1986, subject to the following conditions:
    A. Petitioner shall, in consultation with the Agency,
    continue its sampling program to determine as accurately
    as possible the level of radioactivity in its wells and
    finished water. Testing for radium 226 and 228 shall be
    commenced.
    B. Beginning on or about June 1, 1981, and at six month
    intervals thereafter, the Petitioner shall communicate
    with the Agency in order to ascertain whether radiological
    contaminant removal techniques specifically applicable
    to small systems have been developed and identified, and
    to learn which Illinois landfills, if any, are able to
    accept wastes generated by the lime softening process.
    C. As expeditiously after identification of a feasible
    compliance method as is practicable, but no later than
    January 1, 1984, Petitioner shall submit to the Agency
    a program (with increments of progress) for bringing
    its system into compliance with radiological quality
    standards.
    D. Pursuant to Rule 313(D)(1) of Chapter 6, on or
    before March 30, 1981 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 the 15 pCi/l maximum gross alpha particle
    activity standard. The notice shall state the average
    content of gross alpha particle activity in samples
    taken since the last notice period during which samples
    were taken.
    5. Within forty—five days of March 5, 1981, Petitioner
    shall execute and forward to the Illinois Environmental Protection
    agency, PWS, Enforcement Programs, 2200 Churchill Road, Spring-
    field, Illinois 62706, a Certificate of Acceptance and Agreement
    to be bound to all terms and conditions of this variance. This
    forty-five day period shall he held in abeyance for any period
    this matter is being appealed. The form of the certificate shall
    he as follows:
    4 1—32
    CERTIFICATE
    t, (We)
    , —~
    _________________________________________________
    ______ ,
    haviriq rea
    the original
    Order of
    the Illinois Pollution Control 3oard of
    January 22, 1981 and the supplemental Order of March 5, 19~iin
    ~?C1380—206,
    dated
    _______________,
    understand and accepb
    tiLe saL~
    Orders,
    realizing
    that such acceptance renders all terms and.
    ~ondit~ons
    thereto
    binding and enforceable.
    Petit ioner
    ~y:
    Authorized Agent
    “itle
    ~
    LC
    IT I~3 ~O ORDERED
    I, Christan L. Moffett, Clerk of the Illinois
    Pollution
    Control ~3oard, hereby certify that the above SuppThr~ental OpI~i~n
    ~d
    Order
    was ,~dopted on the
    ~
    day of
    ~
    i~Ri
    ~)V
    a vote of ,S-Q
    Illinois
    Pol
    Ltrol Boar~i
    41—33

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