ILLINOIS POLLUTION CONTROL BOARD
    April
    13,
    1978
    COMMONWEALTH EDISON COMPANY,
    petitioner,
    V.
    )
    PCB 77—347
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    MS. CHRISTINE HEHMEYER OF ISHAM, LINCOLN
    & BEALE
    appeared on behalf of Petitioner.
    MESSRS.
    WILLIAM BARZANO AND PATRICK CHESLEY, ASSISTANT
    ATTORNEYS GENERAL, appeared on behalf of Respondent.
    OPINION AND ORDER OF THE BOARD
    (by Mr.
    Dumelle);
    Petitioner has requested a Variance from the drinking
    water standards for iron and manganese. The Agency filed
    a Recommendation
    in support of the Variance.
    A hearing
    was held on March
    9,
    1978 at the Logan County Courthouse
    in Lincoln,
    Illinois.
    Petitioner owns and operates
    the public water supply
    which serves the residents of the City of Lincoln.
    The
    water from six of the supply’s eight wells
    is not being
    adequately treated to comply with the iron
    (0.3 mg/i)
    and manganese
    (0.05 mg/i)
    levels mandated by Rule 304(b) (4)
    of Chapter
    6:
    Public Water Supplies.
    Petitioner’s latest
    sampling data from these six wells
    show levels of 0.37
    mg/i iron and 0.30 mg/i manganese.
    The Acj~ncy’srecords
    show the following data:
    Tron
    Manganese
    AVCLdqe
    0.94
    iiiq/~.
    0.49 mj/i
    High
    2.40 mg/i
    1.20 mg/i
    Low
    0.10 mg/i
    0.18 mg/i
    Petitioner acquired the Lincoln Water Supply
    in a merger
    with Central Illinois Gas and Electric.
    Until
    1976 Petitioner
    was attempting to sell the system.
    When the Illinois Commerce
    Commission disapproved a proposed sale, Petitioner engaged
    independent consultants to recommend alternate methods
    of compliance.
    The result was the aeration—sedimentation—
    filtration system which
    is being proposed here.
    Both
    30-29
    —2—
    parties agree that this program should result in compliance
    and that March 31,
    1979
    is a reasonable target date
    for completion.
    A total expenditure of $1,525,000.00
    is con-
    templated.
    In its Opinion supporting the adoption of the drinking
    water standards,
    the Board stated that high levels of iron
    and manganese did not constitute health hazards.
    Limits
    were set on these parameters
    so that staining of fixtures
    and laundry could be avoided.
    A compliance date of January
    1,
    1978 was selected to give the affected communities an
    opportunity to evaluate alternate methods of compliance.
    Although Petitioner was somewhat. slow in developing
    its compliance plan,
    its reluctance to ~ct~can be
    explained by its belief that the water supply would be
    sold.
    Petitioner
    felt that the future of the Lincoln
    water supply should be left up to the entity that would
    be responsible.
    Once the Illinois Commerce Commission
    ruled that Petitioner would remain in control, Petitioner
    acted relatively expeditiously.
    It would be unreasonable
    to require Petitioner
    to
    provide water which conforms to Board standards while
    construction
    is going on since no threat to public health
    is present and since no feasible interim method exists.
    Since no general contractor will
    he retained to con-
    struct the required improvements and Petitioner has
    sufficient assets to insure timely completion,
    no bond shall
    be required.
    This Opinion constitutes the Board~ findings of
    fact and conclusions of law in this matter.
    ORDER
    It
    is
    the
    Order
    of
    the
    Pol luLion
    Control
    J3o~rd that
    Petitioner
    be
    granted
    a
    Variance
    from
    the
    drinking
    water
    sLandards
    br
    iron
    and
    manganese
    in
    Rule
    304(b)
    (4)
    of
    Chapter
    6:
    Public
    Water
    Supplies
    until
    March
    31,
    1979
    subject
    to the following conditions:
    1)
    Petitioner
    shall adhere to the Compliance Schedule
    submitted as Exhibit A in this proceeding, which
    is hereby incorporated into this Order.
    2)
    Petitioner
    shall submit progress reports to the
    Agency every three
    (3) months until completion of
    the project.
    30-30
    3)
    Petitioner shall maintain ~a program
    of
    periodic
    main flushing to alleviate problems caused by
    iron and manganese sediment buildup.
    4) Within 45 days after the date of this Order,
    Petitioner shall execute and forward to the
    Illinois Environmental Protection Agency,
    Division
    of Public Water Supply,
    2200 Churchill Road,
    Springfield, Illinois
    62706
    a Certification
    of Acceptance and Agreement to be bound to all
    terms and conditions of this Variance,
    This
    45
    day period shall be held in abeyance during any period
    this matter
    is being appealed.
    The form of this
    Certification shall be as follows:
    CERTIFICATION
    I
    (We)
    ,
    ________________
    _______
    ,
    having read and fully
    understanding the Order of tH~il1i~5isPollution Control
    Board
    in PCB 77-347 hereby accept that Order and agree to
    be bound by all of its terms and conditions,
    SIGNED
    TITLE
    DATE
    I,
    Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify the above Opinion and Order
    were adopted
    n the ,J~,~day
    of
    ~4J,
    1978
    by a vote of
    ~
    .
    U
    Illinois Pollut
    Board
    30—3~

    Back to top