ILLINOIS
POLLUTION CONTROL BOARD
November 10, 1976
LAKE
IN THE HILLS WATER COMPANY,
Petitioner,
v.
)
PCB 76—212
ENVIRONMENTAL PROTECTION AGENCY,
Respondent.
OPINION AND ORDER OF THE BOARD
(by Mr. Young):
This matter comes before the Board on a variance petition
filed on August 12, 1976 by the Lake in the Hills Water Company
seeking modification of an Order of the Board entered on October
10,
1972.
That Board Order was entered as
a result of an en-
forcement action brought by the Agency alleging that the Company
was distributing water with high iron content and under insuffi—
cient pressure.
(PCB 72-197,
5 PCB 631.)
The compliance program incorporated into that Order con-
sisted of two phases which were identical with the requirements
of an Order previously entered by the Illinois Commerce Commission
on February
9,
1972.
Phase
I included drilling
a new deep well
with low iron content and improvements
to the distribution system;
Phase II included drilling an additional low iron content deep
well and constructing an elevated storage tank.
These improve-
ments were intended to increase the volume of water available,
to provide water of a lower iron content,
and to
increase the
pressure on the system.
The Company has completed Phase
I of the compliance program
but
is requesting
a modification which eliminates
the specific
requirements
of Phase II of the compliance program by allowing
the subs
t
i tiu Li on of an
a I tornat~iveincaen ci compT
i aace
-
The
Company does not believe that the second deep well is presently
required and also proposes to install
an auxiliary power source
rather than the elevated storaqe tank.
The Agency noted in their Recommendation, which was filed
on October 15,
1976,
that the Company~s alternate plans appear
to be adequate
(Rec.
4).
As
a result of Phase
I,
the system
is yielding sufficient water
to serve the existing population.
The proposed standby power source along with the 150,000 gallons
of ground storage located at the supply provide an acceptable
substitute for the elevated storage required by the Board Order
24
—
253
—2—
(Rec.
3).
The Agency therefore recommends that relief be granted
subject
to certain maintenance and reporting requirements.
The
Agency also recommends that the Company install
five recording
pressure gauges at representative points throughout the system.
The Company,
by
a Reply filed on November
1,
1976,
agrees to
accept these conditions as part of any Board Order,
Although
the Agency further recommends
that the Board retain jurisdiction
of this matter so that
a review of the supply’s operation can be
made at the end of two years,
the Board declines
to include
this
condition.
In view of the fact that the Agency finds the Company’s
plans to be adequate, the Board
finds no reason to retain juris-
diction.
If,
in the future,
the supply proves
to be inadequate
for any reason,
and the Company
fails
to take appropriate corrective
action,
the Agency can bring an enforcement action,
In view of the foregoing, the Board is disposed to grant the
relief requested.
Phase
II was intended to be only
a part of a
program to eliminate deficiencies
in the Companyts water supply.
Since
the oarties agree that these alternate programs will accom-
plish the same results
as originally envisioned by Phase II,
there
is no reason to deny the Company the requested relief.
Nothing herein shall be construed,
however,
to relieve Petitioner
Lake in the Hills Water Company from compliance with any provision
of any Order of the Illinois Commerce Commission affecting Peti-
tioner which has been or may be entered by the Illinois Commerce
Commission or from compliance with any rule or regulation of the
Commission.
This Opinion constitutes the Board’s findings of fact and
conclusions
of law in this matter.
ORDER
IT IS THE ORDER OF THE BOARD that Petitioner, Lake in the
Hills Water Company, be granted a variance from our Order entered
on October
10, 1972
in PCB 72-197 to allow Petitioner
to forego
the installation of the second deep well and to allow the installa-
tion of an auxiliary power system in
lieu of the elevated storage
required
by Paragraph
3 of our October
10,
1972 Order, subject
to
t-lie
iol
I
OW
I
In
(~
aid
j
j
1.
The Company shall maintain records of complaints of
pressure or red water problems from consumers along with the nor-
mal operating records, and submit these records
to the Agency on
a monthly basis until January 1979.
2.
The Company shall conform to the manufacturer~smainte-
nance schedules for its well pumps and submit records of this
maintenance with its monthly operational reports until January
1979.
24
—
254
—3—
3.
The Company shall obtain five recording pressure gauges
approved by the Agency
to be placed at representative points
throughout the system to be determined
in consultation with the
Agency.
The
Company
of
the
supply
will
notify
the
Agency
in
its
monthly
reports
of
any
incidences
of
pressure
dropping
below
20
pounds
per
square
inch.
In
the
event
of
such
incidents,
the
Company
will
take
the
necessary
precautionary
steps
as
provided
for
in
the
Board’s
rules
and
regulations.
4.
Within
30 days of the date of adoption of
this Order,
Petitioner,
Lake
in
the
Hills
Water
Company,
shall
complete
and
submit
to
the
Environmental
Protection
Agency,
Division
of
Public
Water Supply,
2200 Churchill Road,
Springfield,
Illinois,
62706,
the following certification:
CERTIFICATION
I,
(We), ___________________________
having
read
the
Order
of
the
Illinois
Pollution
Con-
trol Board in PCB 76-212, understand and accept
said
Order,
realizing
that
such
acceptance
renders all terms and conditions thereof binding
and
enforceable.
SIGNED
TITLE
DATE
.1
,
(Thri a
Liii
L.
MoiI~Li,
Clerk.
ol
LIi~
I
1~Ileo in
Po.1
I
uiion
Control
Board,
hereby
certify
the
above
Oninion
and
Order
were
adopted
n
the
j~4~
day
of
~
1976 by a
vote
of
-~
Christan
L.
offet
lerk
Illinois
Pollution
trol
Board
24
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255