ILLINOIS POLLUTION CONTROL BOARD
March
5,
1981
‘rRIVOLI PUBLIC WATER DISTRICT,
)
)
Petitioner,
v.
)
PCB 80—208
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
Respondent.
OPINION AND ORDER OF THE BOARD
(by J.
Anderson):
This matter comes before the Board on the petition of the
Trivoli Public Water District
(Trivoli) filed November 12,
1980
as amended December
1,
1980.
Trivo.i
seeks variance from the
2.0 maximum fluoride concentration limit of Rule 304(B)
of Chapter
6:
Public Water Supply.
The Illinois Environmental Protection
Agency (Agency) recommended a grant of variance with conditions
on December 15,
1980.
Hearing was waived and none was held.
Trivoli, which
is located in an unincorporated area in Peoria
County,
delivers water with an average fluoride concentration of
3.85
rag/i
to 105 homes and businesses.
Trivoli was previously
granted variance from the 2.0 mg/i fluoride limitation in PCB
79—198,
36 PCB 141
(november 15,
1979), which record has been
incorporated in this action.
Trivoli asserts that fluoride re-
moval equipment will necessitate an initial capital expenditure
of $124,000,
and an annual operating cost of $2,900,
“which is
completely beyond
its
ability to pay at this time.”
Trivoli
explains that it must repay the FmHA approximately $123,000
loaned to it for the construction of its system,
and that it
already charges water rates substantially higher than surrounding
communities
to meet its current loan and operating expenses.
Trivoli thinks it likely that if it is required to install
fluoride removal equipment and to pass on the resulting costs,
that some of its customers will discontinue receiving its service
and return to use of their private wells.
As Trivoli was formed
to replace dependence on private shallow wells of questionable
quality,
it believes that disconnection from its service would
prove a greater threat to the health of its customers than
consumption of its water, since consumption of water with 3.85
mg/i fluoride has not been proven harmful.
The Agency concurs with all of the facts and beliefs presented
by Trivoli, including its assertion that consumption of its water
presents no danger to the public health of its customers.
The
Agency therefore supports a grant of variance until the deadline
41—39
date for exemptions under S1416 of the Safe Drinking Water Act
(SDWA),
S300(g)-5.
This deadline was recently extended by
Congress in PL96—502 from January
1,
1981 until January
1,
1984.
In its previous Opinions concerning variance requests from
small public water supply systems such as Trivoli,
the Board
has
granted full five year variances
(e.g.
City of Minonk,
PCB 80—136,
October
2,
1980,
and cases cited therein at p.
3).
The extension
of the SDWA exemption deadline does not change the Board’s pre-
viously expressed reasoning or result.
The Board finds that
Trivoli has demonstrated existence of an arbitrary or unreasonable
hardship, and grants variance for a five year period,
subject to
the conditions in the attached Order.
This Opinion constitutes the Board’s findings of fact and
conclusions of law in this matter.
ORDER
1.
Petitioner,
the Trivoli Public Water District,
is granted
a variance from the
2.0 mg/i maximum fluoride concentration limit
of Rule 304(B)
of Chapter
6:
Public Water Supply for five years,
subject to the following conditions:
A.
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 fluoride removal techniques
specifically applicable to small systems have been developed and
identified.
B.
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 fluoride standards.
C.
Petitioner shall take all reasonable measures with its
existing equipment to minimize the level of
fluoride in its water
supply and shall not allow the fluoride concentration to exceed
an average of 4.0 mg/i.
D.
Pursuant to Rule 313(D) (1) of Chapter
6, on or before
April 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 a variance from the
2.0 mg/l maximum fluoride standard by the Pollution Control Board.
The notice shall state the average content of fluoride
in samples
taken since the last notice period during which samples were tal;en.
2.
Within forty—five days of the date of this Order,
Petitioner shall execute and forward to the Illinois Environmen-
tal Protection Agency,
PWS Enforcement Programs,
2200 Churchill
Road, Springfield, Illinois 62706,
a Certificate of Acceptance
and Agreement to be bound to all terms and conditions of this
41—40
variance.
This forty—five day period shall be held in abeyance
for any period this matter is being
appealed.
The form of the
certificate shall be as follows:
CERTIFICATE
I,
(~~e),
,
having read
the Order of the Illinois Pollution Control Board in
PCI3
80—208,
dated __________________________, understand and accept the said
Order,
realizing that such acceptance renders all terms and
conditions thereto binding and enforceable.
Petitioner
By:
Authorized Agent
Title
Date
IT
IS SO ORDERED.
I,
Christan L. Moffett, Clerk of the Illinois Pollution
Control Board, hereby ce~tifythat the above Opinion and Order
were adopted on the
______
day of
___________,
1981 by a vote
of
~
Christan L. Moff~~,Cler1~
Illinois Pollutj5~r’Contro1Boar-I
41—41