iLT~IN~ISPOLLUTION CONTROL BOARD

December

8,

1977

CITY OF TROY,

Petitioner,

)

 PCB 76—276

ENVIRONMENTAL PROTECTION

)

AGENCY,

Respondent.

OPINION AND ORDER OF THE BOARD

 (by Mr.

 Dumelle):

This matter comes before the Board upon the November

3,

1976 Petition for variance filed by the City of Troy

 (Troy) re-

questing relief from Rule

305

 of Chapter

6:

 Public Water Supplies.

Objections by citizens were filed and a hearing was held on

January

26,

 1977.

 The Enviroiimental Protection Agency

 (Agency)

filed its Recommendation

in

 fa\’ur of granting the variance with

certain conditions attached or~January

25,

 1977.

Troy, located in Madison County,

 Illinois,

 owns and operates

a public water supply and distribution system which provides water

with a high manganese content.

 This has caused the water to turn

a dark or black color on occasion.

 This supply

 is not chlorinated

because the addition of chlorine would cause constant discoloration

of the water.

 Discoloration poses no health problem but makes the

water visually unappealing and stains clothing and plumbing

fix-

tures.

 The grant of a variance would exempt Troy from the

chlorination requirement until June

30,

 1978, when manganese

filtering and chlorination systems are scheduled to be operational.

Some confusion was engendered by the failure to provide a

complete transcript of the January

26,

 1977 hearing due to the

accidental destruction of a tape used to record the proceedings.

The parties filed a summary of testimony in the form of Minutes

in lieu of a complete transcript.

 Due to the presence of the

objectors,

 the Board ordered the parties to a second hearing on

March

28,

 1977 and denied a motion for decision without a hearing

on May 12,

 1977.

 We wish to reconsider those decisions at this

time.

 While Procedural Rules 404 and 407 require a hearing when

an objection is timely fi1ed, the objections here were not to

the grant of a variance bLt rather to the presence of dark water

in the system.

 As the addition of chlorine without manganese

filtration would exacerbate the present dark water problem, the

Board considers those submissions as statements

 in favor of grant-

ing the requested variance.

 Therefore,

 no additional hearing is

required before deciding this matter.

28

—

359

The Minutes of

ry

26

 1977 heari

with the Board toilci

e~

b~

counsel

foi

and certification

 thd-f~ ~

 are an acc

of the evidence heard ~r

 Because o

that evidence and the assuran

 its accurac

hereby admits those Minutes

 record.

 f~ ~d

surnniary

value

‘~

 Board

The requirement for eh1or~n~

)fl

 was adop

~d

 by the Board

in November 1974 effective a year

 ater,

The

r1’~

delay in

addressing this problem is nut

 ~factorily

 ained in

the record but may be due

 to ti~~

 ial problem~

In its Recommendation the Ag~ ~y submits,

 ~ the Board

agrees, that any exacerbation of ~e

 black

wat~L

;rnblem would

impose an arbitrary and unreasonable hardship on Troy.

The environmental harm which

of a variance would be the contam

One incident of contaminated

v

bacteriological

 samples taken

However,

 the Agency believes

tr~

be alleviated by taking sem~

Therefore, the Board finds

 tha.

grant of a variance outweigh~

iight result from the grant

 ation of Trc

 ~s water supply.

was reportec from monthly

g the past t~reeyears.

~iispotential hazard can

bacteriological samples.

benefit gained from the

narm to the public.

The Board grants a variance

r

 urn Rule 305 or Chapter

6

until June

 30, 1978,

 suuJe~tto

t

 following

 nditions,

First,

 Troy shall sutnat

 the reqa~ ~d set of b~c:erio1ogical

samples twice each month instead of monthly.

 Jecond, Troy

shall post a surety bond

 in the amount of $30,000

 to assure

completion of the chlorination portion of the filtration-

chlorination project. Third, Troy shall establish and maintain

a point of contact to resolve citi~ens~complaints that deal

with problems of sediment accumulation and discoloration

during non-working hours.

 Fourth, Troy shall adopt a cross—

connection control program to control contamination external

to the supply and its distribution system.

 Finally,

 these

programs to resolve citizens

 complaints and control cross

connections shall be submitted

 tj the Aqency for approval.

This Opinion and Order constitute the Board~s findings

of fact and conclusions

 law in this matter.

ORobR

Troy is granted

 a Va ianca

from

 Rule 305 of Chapter

6:

 Public Water Supplies

 Tune

30,

 1978,

 subject to the

following conditions.

1)

 Troy snail submit required bacteriological

samples

 to the Agency twice each month.

2)

 Troy shall

 post a performance bond with the

lxgency

I

 i~5n

at~OunLof $30,000.

 This bond shall

be in

d

~t

 ~s to the Agency and is given

—3—

to assure completion of the chlorination portion

of the filtration-chlorination project,

 Such bond

shall be posted within 35 days from the date of

this Order and shall be addressed to:

Manager, Variance Section

Division of Water Pollution Control

Environmental Protection Agency

2200 Churchill Road

Springfield, Illinois

62706

3)

 Troy shall establish a point of contact to

resolve citizen complaints that deal with problems

of discoloration and sediment accumulation during

non—working hours.

4)

 Troy shall adopt a cross—connection control

program to control contamination external to the

supply and its distribution system.

5)

 The programs described in paragraphs

 3 and 4

of this Order shall be submitted to the Agency for

approval within 60 days of the date of this Order.

6)

 Within

 45 days from the date of this Order, the

Petitioner shall submit to the Manager, Variance

Section, Division of Water Pollution Control,

Illinois Environmental Protection Agency,

2200

Churchill

 Road, Springfield,

 Illinois 62706,

an

executed Certification of Acceptance and agreement

to be bound to all terms and conditions of the

variance.

 This 45 day period shall be held in abey-

ance during any period this matter

 is being appealed.

The form of said certification shall be as follows:

CERTIFICATION

I,

 (We), ______________________________ having

read the Order of the Pollution Control Board

in PCB 76—276 understand and accept said Order,

realizing that such acceptance renders all

terms and conditions thereto binding and en-

forceable.

SIGNED

TITLE

DATE

IT IS SO ORDERED.

—

361

I, Christan L. a~fiett, Clerk of the Illinois Pollution

Control Board,

hereby

~tify

 the a~oveOpinion and Order were

adopted oi~the

day

 l~77by a

vote of

~-o

Christan

 L. Moff~~,Clerk

Illinois Pollution Corxtrol Board

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362