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~