Loading...
HomeMy Public PortalAboutResolution 1297RESOLUTION NO. 12 9 7 A RESOLUTION AUTHORIZING PARTICIPATION IN LITIGATION RELATING TO THE EPA REGULATION OF NATURALLY OCCURRING RADIUM IN THE PUBLIC WATER SUPPLY WHEREAS, fora period of years, the United States Environmental Protection Agency (EPA) has held that the limit on combined radium in public drinking water is 5 pC/liter limit on combined Radium 226/228; and WHEREAS, for a number of years, the Village of Plainfield has operated under a variance from the EPA, which has permitted it to deliver public drinking water with a radium content in excess of the aforesaid EPA limitation; and WHEREAS, the EPA has, on December 9, 2000, reaffirmed the aforesaid limit on radium in the public drinking water supply, and has indicated that it will be necessary for Plainfield, as well as other communities, to bring its water supply within compliances of said limit; and WHEREAS, Plainfield has recently obtained a cost estimate, pursuant to an evaluation study, indicating that the cost to construct the necessary facilities to bring Plainfield's water supply within the limit, as set forth by the EPA, would be approximately ten million dollars ($10,000,000.00), equaling a cost of approximately twenty-five hundred ($2,500.00) per household in Plainfield; and WHEREAS, the limit the EPA has set represents a level of radiation more than fifty (50) times lower than the average person receives from natural sources, and more than one thousand (1,000) times lower than the National Council on Radiation Protection limit far occupational exposure; and WHEREAS, according to information available to Plainfield, there is insufficient scientific evidence to support the reasonableness of the maximum contaminant level, as established by the EPA; and WHEREAS, there are many other communities, in addition to Plainfield, which are similarly affected by the limitation, as imposed by the EPA; and WHEREAS, the City of Waukesha, Wisconsin, has filed, in the United States Court of Appeals for the District of Columbia Circuit, a certain "Petition for Review", wherein the City of Waukesha, Wisconsin ("Waukesha") petitioned the Court for review of the final agency action of the Rule, as promulgated by the EPA on the grounds that the limitation is unreasonable, arbitrary and capricious, and that it is violative of Waukesha's legal rights, and infringes the constitutional delegation of legislative power to the Congress; and WHEREAS, several other communities in the States of Wisconsin, Minnesota and Illinois have intervened, or are considering petitioning to intervene, in the action filed by Waukesha for the purpose of indicating support for the relief being sought by Waukesha; and WHEREAS, certain staff and legal representatives of Waukesha have communicated to Plainfield that intervention in the aforesaid action by Plainfield would be of assistance to Waukesha, in that it would demonstrate support for Waukesha's position, and further demonstrate the widespread major awareness of the situation and the extent to which an unreasonable financial burden is imposed upon those communities adversely affected by the limitation imposed by the EPA; and WHEREAS, if Plainfield would be permitted to intervene in the aforesaid action, there would be no obligation on the part of Plainfield to engage in any particular activity, and there would be no requirement for any Plainfield employee or the Village Attorney to participate in the action unless Plainfield voluntarily agreed to do so; and WHEREAS, it is in the best interests of Plainfield that a motion filed in the United States Court of Appeals for the District of Columbia Circuit, asking leave to intervene in the action filed by Waukesha; and NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF PLAINFIELD as follows: SECTION 1:That the Village Attorney is hereby authorized and directed to forthwith file the necessary motions to intervene with the United States Court of Appeals for the District of Columbia Circuit, and in the event said motions are granted, to file such other notices and documents which are necessary to effectuate the intervention. Passed this 16 day of _ July_______, 2001. AYES: Cherry, Calabrese, Collins, O'Connell, Swalwell, Thomson. NAYS: p ABSENT: p Approved this 16 day of July , 2001. w _ _ ~ ILLAG SI NT ATTES~~ -- __"r• ~W _ __ - ., ~ - VI CaE CLER `~ t\~t~ Yiiui..~w ~~~nulii VILLAGL>. (IF PLAINFIELD August 20, 2001 Honorable Dennis J. Hastert 27 N. River Street Batavia, IL b0510 Re: City of Waukesha et. al. v. Environmental Protection Agency Case No. 01-1028 United States Court of Appeals, District of Columbia Circuit Dear Speaker Hastert: From the Office of Richard A. Rack Village President Enclosed please find copies of two resolutions recently adopted by the Village Board regarding the impact of the current USEPA regulations on combined radium in public drinking water. The Village has recently filed motions to seek to intervene in this case, similarly to the intervention recently granted to the City of Batavia. As you will note from the resolutions, the financial impact to the Village of Plainfield to ,treat even the low levels of radium found in the Village's public water supply are staggering. We feel that this is just another instance of the federal government imposing unfunded mandates on the residents and businesses of Plainfield. You have been a great friend to the Village and me personally for many years and I seek your help again, If you feel that a meeting with USEPA Director Whitman in your office would be helpful in conveying to the agency the crushing impact that these regulations have on Plainfield, Batavia, Waukesha and other similarly situated communities, please let me know and I will insure that the appropriate representatives are made available to you and your staff to articulate our case to the USEPA. Again thank you for your generous assistance and friendship. Very yours, Richard Rock Mayor of Village of Plainfield, Will County, Illinois r S30 W. Lockport Street Suite 206 Plainfield, IL G0544 Phone (815) 43G-7093 Fax (815) 436-1950 Web www.plainfield-il.or~