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HomeMy Public PortalAboutResolution 1129RESOLUTION NO. 1129 A RESOLUTION AUTHORIZING THE EXECUTION OF AN OPINION AND ORDER OF THE ILLINOIS POLLUTION CONTROL BOARD NOW, THEREFORE, SE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF PLAINFIELD, AS FOLLOWS: That the Village President is hereby authorized to execute and the Village Clerk is hereby authorized to attest to the execution of an Opinion and Order ~f the Illinois Pollution Control Board. PASSED THIS 4th DAY OF December 1995. VILLAGE CL K December 1995. ~~ ~~ PRESIDENT APPROVED THIS 4th DAY OF ATTEST: VILLAGE LERK r ~ - ' VILLAGE OF PLAINFIELD WILL COUNTY'S OLDEST COMMUNITY December 21, 1995 Mr. Stephen C. Ewart Division of Legal Counsel Illinois Environmental Protection Agency 2200 Churchill Road, P. O. Box 19276 Springfield, Illinois 62794-9276 John E. Peterson vRespeNr TRUSTEES Jeffrey Dement Jack Weimerdinger Michael Lambert Richard Rock Raymond $molich Kurt Stalzer Susan Janik VILLAGE CLEgK Re: Certificate of Acceptance and Agreement of the order of the Illinois Pollution Control Board in PCB 96-56, November 16, 1995. Dear Mr. Ewart: Pursuant to our conversation of today's date, T have faxed an executed Certificate of Acceptance and Agreement to your attention, and am now mailing Certified Mail an executed copy of our Certificate of Acceptance and Agreement of the order of the Illinois Pollution Control Board in PCB 96-56, November 16, 1.995. Please let me know if you need additional information. Sincerely, Susan Janik, Village Clerk ;~ . . 1400 NORTH DIVISION STREET • PLAINFIELb, ILLINOIS 60544 • (815) 43fi-7093 ~ Fax (815) 436-1950 C.HAHLES J. MCKEGWN (1906-1965) PAUL ~. 'NICKEOWN (I91•`.i-19H2) RICHARD T. BUCK (14338-1992) JOSEPFI ~.. EI'I"LOERALP MAX E. ZOLLNER DOUGLAS P. HQTCHISON DAVID L. RUTTLE THEODORE J. JARZ DOUGLAS J. McKEOwii TIMOTHY J. RATHFIUN JAMES B. HARVEY I~CENNETH A. GREY MICHAEL R. I.iICA5~ GHHISTOPH ER N. WISE GARY S. MuEI.x.~ii FRANX S. C5ERVENYAIC, JH. ARTHUR J. WiLHELMI KISAT J. KELLER"" GEOHOE E. SANGMETSTER, OF COUNSEL STEWART C. HVTCHI50N, OF CbYJN SY!L "ALSO ApDYYl'TL~D IN INDIANA ""AL56 ADMITTISD IN WAG HIN(3'1'ON Mr. David Van Vooren Village Administrator Village of Plainfield 14Qp Division Street Plainfield, Illinois bp544 LAW OFFICS6 McKEOw~v, FZ~'ZGEBALI~, ZoZ.T.NEa, BUCK, HUTCHISOrT SC AUTTLE 24~i°5 GLENWOOD AVP-'Ni7E .JOI.IET, ILLINOIS (3()435-54D:3 TEi.EPIiONE 72fl-4O0Q AI{EA 615 FAX 72Y]-4711 Navember 28, 1995 SANOM EISTEA Bi71 LIJINO 2A KANSAS STRF.BT FAANXFORT, II.i•iNGIS 604`23-1477 TELEPHONE 4(36-2176 AREA 6I5 FAX 4643-G243G RE: RADIUM VARIANCE PETITION, VILLAGE OF PLAINFIELD VS. ILLINOIS ENVIRONMENTAL PROTECTION AGENCY, PCB 96-56 Dear Dave: Enclosed is a copy of the opinion and order of the Illinois Pollution Contra) Board dated November 1 b, 1995, which grants our petition far a variance from the standards for combined radium and gross alpha as they pertain to the Village's water supply. The Pollution Contra) Board agreed with the petition of the Village and the subsequent recommendation of the Illinois Environmental Protection Agency that we had presented sufficient proof to demonstrate that compliance with the regulations at issue would impose an arbitrary or unreasonable hardship on the Village. The Village demonstrated that the hardship in question would outweigh the public interest in obtaining immediate compliance with the regulations designed to protect the public. Said variance will expire Navember 16, ~OOQ, or two years following the date of any new U5EPA regulations amending the maximum concentration level far combined radium, or the method by which compliance with the radium maximum and contaminant level is demonstrated, whichever is earlier. ...-.. Mr. David VanVooren November 28, 1995 Page 2 In closing, the Village has forty-five (45) days from November 16, 1995, to execute and forward to the Illinois Environmental Protection Agency's legal counsel, a Certificate of Acceptance and agreement binding the Village to the terms and conditions of the enclosed variance, as set forth in paragraph J, on page 10. If you have any further questions in this regard, please do not hesitate to contact me. JBH/mjh Enclosure cc. Mr. Larry Thomas Baxter & Woodman Very truly yours, ."~ ~] J,4 ES B. HARVEY A. ~. .,. =xt,IN©IS poiicrrroN coNTROL aoARo . - ~-~-~iovmber 16, 1995 VILL~IGE OF FLAINFIEL©, ) Petitioner, ) _ ) v• ) FCB 96-56 (Variance - PWS) ~' ILLINOIS ENVIRONMENTAL PROTECTION AG~ICY, ) Respondent. ) ~:. OPINION AND ORDLR OF THE BOARD (by 8. Dunham); This matter is before the Board on the September 11, 1995 filing by petitioner, Village of Plainfield (Village] , of a petition for variance. The Village seeks relief from 35 Ill. Adm. Code 602.105(x), "Standards for Issuance", and 602.1Ob(aJ, "Restricted Status", but only to the extent those rules involve 35 I11. Adm. ::Code 611.330(x) (radium-226 and radium-228) and 611.330(b)(gross alpha particle activity). The Village requests an extension of the. variance granted in ~8 (November 29, 1990) PCB 90-162. The prior variance will expire on November 29, 1995. The Village is requesting an extension of the prior variance for five years or until analysis pursuant to 35 I11. 1ldm. Code 611.371 shows compliance with the standard regulating the contaminant, whichever comes first. Orr October 16, 1995, the Illinois Environmental Protection Agency (Agency) films its variance recommendation. The Agency recommends that the variance ba.granted, subject to certain conditions. The Village waived hearing and none was held. For the following reasons, the Board finds that the Village has presented adequate proof that immediate compliance with the Soard~s regulations for "Standards for Issuance" and "Restricted Status" would result in the imposition of an arbitrary or unreasonable hardship. Accordingly, the variance is granted, sub~ect.,;~tct„conditions set forth in the attached order. The Village is located in Wi11 County, Illinois. (pet. at 5.) The Village provides chlorinated and fluoridated potable water supply and distribution for a population of approximately 6400 persons. (pet. at 5.) The distribution consists of three deep wells, well pumps, elevated storage, and distribution facilities. (pet. at 5.) The water is supplied to all residential, commercial and industrial users as needed at rates established by ordinance. (Pet. at 6.} The Village is not part of a regional public water supply. (Ag. Rec: at 3.) During the 2 last year water was pum 820,000 gallons per day ~~d at an average rate of .app; (Pet. at ~.) _ _.. imately The water from the deep wells contains levels o combined radium-226 and radium-2 8 which exceed the current s andard of 5 pCi/l~set forth at 35 11. Adm. Code 611.330(x). (Pe . at 6.) Data from deep well Nos. 3 ~ 4 show that the current combined radium averaq~es 9.9 pCi 1 in each well. (Pet. at 8.) The village carte levels. (Pet. at 8.) ' compliance with the ra new shallow well or we S.y 'However, it was d sources of shallow gro immediate vicinity. (P ly has no equipment to contra ~ Village had intended to obi im standard through the cons a to provide water for blend: ermined that there are no sa~~ iwater suitable for municipa . at 8.) 1 the radium ain ruction of a ng. (Pet. at nif icant use in the The instant varies ce request concerns two featu es of the Boards public water s pply regulations: "Standards or Issuance" and "Restricted Status'. These features are found a 35 I11. Adm. Code 602.105 and 02.106, which in pertinent pa .read: Section 602.].05 for Issuance a) The Agency s all not grant any constructi ,operating pe it required by this Part un applicant su its adequate proof that the supply will constructed, modified or o not to cause a violation of the Environme Protection A t (Ill. Rev. Stat. 1989, ch. 1001 et seq. (Act), or of this Chapter. Section 602.106 icted Status n or ess the public water stated so as tal 111 ~, pars. b) 'The Agency s all publish and make availab a to the public, at i tervals of not more than six. months, a comprehensiv and up-to-date list of supp ies subject `°"to restricti a status and the reasons why The principal eff public water supply sy service, by virtue of permits, unless and un for public water suppl allowed to extend the with the combined radi standard, as opposed t compliance. t of these regulations is ems are prohibited from ex~ t being able to obtain the l their water meets all of s. The Village requests t ter service uthile it pursu standard and the gross al extending service only ,~ ~ provide that :nding water -equisite .he standards ~t it be compliance ~a particle attaining 3 In determining whether any variance is to be granted, the Act requires the Board to determine whether a petitioner has presented adequate proof that immediate compliance with the Board regulations at issue would impose an arbitrary or unreasonable _ hardship. s415_ILCS 5/35(aj (1994).) Furthermore, the burden is upon the petitioner to show that its clsim~d hardship outweighs, the public interest in attaining compliance with regulations designed to protect the public. (WillowbrQ~,,,Mote1 v._Po~lution (1st Dist. 1977), 135 I11. App. 3d 343, 4.81 N.E.2d. 1032.) Only with such a showing can the claimed hardship rise to the level of arbitrary or unreasonable hardship. A further feature of a variance is that it is, by its nature, a temporary reprieve from compliance with the Board's regulations and compliance is to be sought regardless of the hardship which the task of eventual compliance presents an individual polluter. (~,Q~'~,a~ntq,~~Q, y. Ipcs (1977) , 67 Ill . 2a 276, 367, N.E. 2d 684). Accordingly, except in certain special circumstances, a variance petitioner is required, as a condition to grant of variance, to commit to a plan which is reasonably calculated to achieve compliance within the term of the variance. A grant of variance from "Standards for Issuance" and "Restricted Status" does ~ absolve a petitioner from compliance with the drinking water standards at ,;Rsue, and does not insulate a petitioner from possible enforcement action brought for violation of those standards. The underlying standards remain applicable to the petitioner regardless of whether variance is granted or denied. Standards for combined radium and gross alpha particle activity in drinking water were first adopted as National Interim Primary Drinking Water Regulations (NIPDWRs) by the USEPA in 1976. The standards adapted were 5 pCi/l for the sum of the two isotopes of radium, radium-226 and radium-228 ("combined radium"), and 15 pCi/1 for gross alpha ("particle activity"). Shortly thereafter Illinois adopted the same limits. .Although ..,..characterized as pinterim" Limits, these standards nevertheless are the maximum contaminant levels under both federal and Illinois law, and will remain so unless modified-by the USEPA.' Since their original promulgation, the current radium and gross alpha particle activity standards have been under review at 'In anticipation of USEPA revision of the radium standard, the legislature amended the Illinois Environmental Protection Act at Section 17.6 in 1988 to provide that any new federal radium standard immediately supersedes the current.Illinois standard. the federal level. The standards in October 19 Rulemaking (48 Fed. Reg advance notice in Septe 19, 1991, USEPA announc usEPA proposes to repla separate standards of 2 228. The gross alpha p be replaced by an adjus standard; the latter wa no longer include alpha or uranium decay. This change was t deadline was extended prohibited funds to pr years 1994 and 1995. Drinking Water Divisio of the projected props would not force any mu the federal combined s The Village has e reliable supply of sha well water and reduce This search determined suitable for municipal 18.) The Village has t purchasing water from installation of radium 1$.) The Village has h Company and the City o (Pet. at 18.) The Vi1 from the potential sup Plainfield believes it softening of the deep Village has made provi near well No. 5. (Pet. that ion-exchange soft water supply and conce well as being more cvs 4 USEPA first proposed revision t3 in an Advance Notice of Pri 45502). It later republishi tber 1986 (51 Fed. Reg. 34836; :d a proposal to u:.-.'~,ifX both :e the 5 pCi/1 combined.radiw ~ pCi/1 each for radium-226 as -rticle activity standard is ~ :ed gross alpha particle actin old still have a 15 pCi/1 valr particle activity associated be promulgated by April 1995 September 1995. However, C ulgate final radon standards . Joseph Harrison, Chief of USEPA, Region V, announced 1 for the relaxed standard,' cipality to spend funds to c C C ended over $200,000 in its s ow groundwater to blend with e concentration of radium. hat there are no shallow aqu se in the immediate vicinity alternatives for compliance neighboring community; or z) emoval equipment at each wel d discussions with Citizens Joliet concerning the purcha ge maintains that the cost o iers is too high. (Pet. at 1 only alternative is to use i l1 water supply. (Pet. at 18 ons to construct a treatment t 18.) However, the Village ing has drawbacks of adding rating radioactive waste in y to implement. (Pet. at 18. of the d this On June ~.a~a~x-da+-. standard by d radium- roposed to ity e, but would with radium but this tigress has for fiscal he Safe hat in light he USEPA mply with arch for a the deep et. at 18.) f ers (Pet. at 1) the . (Pet, at tility e of water. service .) The facility. recognizes odium to the he brine, as Publication occur~ed at 5b Fed. Reg. 33050, Ju~y 18, 1991. 5 The Village contends that denial of the variance extension would constitute an arbitrary or unreasonable hardship in that _the grspting,f_9f.~he variance will cause little yr no adverse environmental impact and denial of the variance would delay or preclude significant development in and around Plainfield. (Pet. at 19.) The Village anticipates that the Heart few years will continue to be a period of significant growth with numerous developments. (Pet. at 19.) The Village maintains that the loss of any of these developments would have a serious economy impact on the Village which would far outweigh any health effects associated with the consumption of Plainfield's water for the limited time of the variance. (Pet. at 20.) The Village notes that the. promulgation of a new radium standard by the USEPA may significantly alter the Village's compliance status. (Pet. at 21. ) The Agency agrees that denial of the variance would impose an arbitrary or unreasonable hardship on the Village. (Ag. Rec. at 10.) Although the Village has not undertaken a formal assessment of the environmental effects of the .requested variance, it contends that there will be minimal or no adverse impact caused by the granting of the variance. (Pet. at 12.) The Village and the Agency cite the testimony presented by Richard E. Toohey, Ph.D., of Argonne National Laboratory, at the July 30 and August 2, 1985 hearings for the Proposed Amendments to Public Water Supply Regulations (R85-14), 35 Ill. Adm. Code 602.105 and' 602.106 and the updated testimony presented by Dr. Toohey in the Board's hearing for a variance requested by the City of Braidwood in v (June 21, 1990), PCB 89-212, in support of the assertion that the variance will not result in any adverse environmental impact.. (.Pet. at 12, Ag. Rec. at 8.) While the Agency believes that radiation at any level creates some risk, the risk associated with the. Village's water supply is very low. (Ag. Rec. at 8.) The Agency states that "an increase in the allowable concentration for the contaminants in question should cause no significant health risk for the limited population served by new water main extensions for the time period of this recommended variance." (Ag. Rec. at l0.) In summary, the Agency states as follows: The Agency believes that the hardship resulting from denial of the recommended. variance from the effect of being on restricted status would outweigh the injury of 'the public from grant of the extension. In light,of the likelihood of no significant injury to the public from continuation of the G present level petitioner's variance, th would impose petitioner. of At a contaminants in question i the water for the limited .time period f the e Agen y concludes that denial of a variance an ar itrary or unreasonable bards ip upon The Agency observe restricted status water drawn from a variance should no petitioner's popul lines, except insa hasten compliance. it continues to pl standards. (Ag. Rec. at 12 -~ The Agency states consistent with the Sa: amended by PL 96-502, regulations (40 CFR Pa: relief from compliance regulations. (Ag. Rec. variance from the of f e~ not federal law and rep restricted status woul~ Act and Board regulati states that the recomm USEPA's national prima suspend the effect of asserts that a federal be no risk to the Stat at 12.) The Agency st the possibility of enf contaminants in questi __at 12.) The Agency co being made towards com of the standard, it is .issuance of the recomm that the grant of the varies ce from hould affect only those user who consume y newly extended water lines This affect the status of the re t of tion drawing water from exis ing water ar as the variance by its co ditions may In so saying., the Agency em hasizes that ce a high priority on compli nce with the 3.) that the requested variance m y be granted e Drinking Water Act (SDWA), L 93~-523, as 2 U.S.C. 300(f) and correspon ing t 141) because the variance d es not grant with the federal primary drip ing at 11.) The Agency states th t granting a is of restricted status affec s State and ulations; a variance from the effect of .allow water main extensions, under the ns. (Ag. Rec. at 11.) The Ag ncy further .nded variance is not a varian a from y drinking water regulations nd does not he SDWA. (Ag. Rec. at 11.) a Agency variance is not at issue, an there should of xllinois of loss of prima y. (Ag. Rec. ,tea that petitioner will rem in subject to ~rcement for violations of th MCL for the m under state and federal la (Ag. Rec. ~cludes that because continui g progress is ~liance while awaiting final romulgation unlikely that the USEPA will object to the :nded variance. (Ag. Rec. at 2.) CONCLUSI0~1 Based upon the re compliance with the "S Status" regulations wo hardship on the Villag with the parties that significant health ris ord, the Board finds that i ediate andards for Issuance" and "R stricted ld impose an arbitrary or un easonable of Plainfield. The Board a so agrees ranting this variance does n t pose a to those persons served who will be affected by the variance, assuming that compliance is timely forthcoming. -- The Somrd notes that timely compliance by the Village may be affactwd by p®nding USEPA action to promulgate new standards for radionuclides in drinking water. USEPA has recommended a standard of 20 pCi/1 for both radium-226 and radium-228. This proposed Standard was published on July 18, 1991 (56 Fed. Reg. 33,050 (1991)), and the public hearinga on the standard began on September 6, 1991. (Ag. Rec. at 9.) Congress has prohibited funds to promulgate final radon standards for fiscal years 1994 and 1995. (Aq. Rec. at 9.) It is anticipated that the new standard as amended will be ado ted when the necessar fundin is P Y g allocated for this program. New radionuclide standards .from USEPA could significantly alter the Village's need for a variance or alternatives for achieving compliance. In recognition of this situation, as recommended by the Agency, the variance will contain suitable time frames to account for the effects of any USEPA alteration (or notice of refusal to alter) of the radium standards. Today's action is solely a grant of variance from standards of issuance and restricted status. ,The Village is not granted a variance from compliance with the combined radium standard, and today~s action. does not insulate the Village in any manner against enforcement for violation of these standards. This opinion. constitutes the Hoard's findings of fact and conclusions of law in this matter. The Village of Plainfield is hereby 35 Ill. Adm. Code 602.105(a}, "Standards 602.106(b), NRestricted Status", as they for combined radium-226 and radium-228 i forth in 35 I11. Adm. Code 611.330(x), a activity as set forth in 35 Ill. Adm. Co the. following conditions: (A) For purposes of this order, th Environmental Protection Aqenc consist of the earlier date of granted a variance from for Issuance", and relate to the standards n drinking water as set nd gross alpha particle de 611.330(b) subject to e date of U,S. y (USEPA) action shall the following: (L} Date of promulgation by the USEPA of any regulation which amends the maximum concentration level for combined radium, either of the isotopes of radium, or the method by which compliance with a radium maximum contaminant level is demonstrated; or S (2) Date o~ publication of notice by the SEPA that no amendme is to the 5 pCi/1 combined ra ium standard or the ethod for demonstrating compl ance with the 5 p i/l standard will be promulga ed. (B) Variance sha l terminate on the earliest o the following da es: (1) Two years following the date of USEPA action; or (Z) Novembe 16, 2000; or (3) When an lysis pursuant to 35 Ill. Adm. Code 611.720 Gr any compliance with stand rds then in effect, shows compliance with standar s for radium in drin ing water then in effect. (C) In consultat on with the xllinois Environm ntal Protection A ency (Agency), petitioner shall continue a sampling pro ram to determine as accuratel as possible the level of radioactivity in its wells a finished water.' Unti this variance expires, peti loner shall collect quay erly samples of water from t distribution system. at the locations appr ed by the Agency. Pet ta.oner shall composite the q arterly samples from each location and shall anal ze them annually by laboratory certified by the State of Illinois for radiological analysis so as o determine the concentr tion of radium-226, radium-2 8 and gross alpha partic a activity. The results of he analyses shall be rep rted within 30 days of recei t of each analysis to: Illinois nvironmental Protection Agenc Com fiance Assurance Section Dr eking Water duality Unit Bureau of Water P. O. Box 1927E Sp ingfield, Illinois 62794-927 The running sample resul' within 30 da; sample.. (D) within three apply to the permits nece. changes or a~ supply neede~ combined rad in drinking average of the most recent fo r quarterly is shall be reported to the a ove address ~s of receipt of the most rec nt quarterly months of USEPA action, peti loner shall Agency at the. address below or all ssary for the construction, i stallation, editions to petitioner's publ c water 3 for achieving compliance wi h the MCL for ium or with any other standar for radium water then in effect: 9 IllinviswEnvironmental Protection Agency Public Water Supply System Peermit Section 2200 Churchill Road P. O. Box 19276 --Sp=it~g~leld, IL 62794-9276 (E) Within three months of USEPA action and after each construction p~mit is issued by the Agency, petitioner shall advertism for bids, to be submitted within 60 ,days, from contractors to do the necessary work described in the construction permit.. The petitioner shall accept appropriate bids within a reasonable time. Petitioner shall notify the Agency,. Division of Public Water Supplies, within 30 days, of each of the following actions: 1) advertisements for bids, 2) names of the successful bidders, and 3) whether petitioner accepted the bids. (F) .Construction allowed on said construction permits shall begin within a reasonable time of bids being accepted, but in any case, construction of all installations, ~- changes or additions necessary to achieve compliance with the MCL in question shall be completed no later than three years following USEPA action. one year will be necessary to prove compliance. (G) Pursuant to 35 ill. Adm. Code 611.851(b) (formerly 35 I11. Adm. Code 606.201), in its first set of water bills or within three months after the date of this order, whichever occurs first, and every three months thereafter, petitioner will send to each user of its public water supply a written notice to the effect that petitioner is not in compliance with the standard in question. They notice shall state the average content of they contaminants in question in samples taken since the last notice period during which samples were taken. -:;~a~ :;~--------- (H) Pursuant tee- 3 5 111. Adm . Code 611.8 5 i (b) (formerly 3 5 .: ;:...- I11. Adm. Code 606.201), in the first set of water bills or within three months after the date of this order, whichever occurs first, and every three months thereafter, petitioner will send to each user of its public water supply a written notice to the effect that petitioner has been granted by the Pollution Control Board a variance from 35 Ill. Adm. Code G02.105(a) Standards of Issuance and 35 Ill. Adm. Code E02.106(a) Restricted Status, as they relate to the MCL standard in question. ~o (Z) Until full co pliance is achieved, petitio er shall take all teas nable measures with its axis ing equipment to inimize the level of contami ants in its finished drip ing water. ~.. (J) Petitioner sh 11 provide written pragress eporrs - to the Agency at the address below every s x months concer inq steps"taken to comply wi h the paragraphs C, D,-E, F, G and H of this ord r. Progress rep is shall quote each of said paragraphs a immediately below each pare with state what s eps have been taken to comply each paragra h: Illinois E vironmental Protection Agenc Divis'on of Public Water Supply Fi ld Operations Section 2200 Churchill road Spring field, Illinois 62794-9276 IT IS SO ORDERED. If the Village of Plainfield chooses to accept this variance subject to the above o der, within forty-five days f the. date of this order, the Villag of Plainfield shall execute and forward to: Stephen C. Swart Di ision of Legal Counsel Illinois nvironmental Protection Ager 2200 Ch rchill Road, P.O. Box 19276 Sprin field, Illinois 62794--9276 a Certif icate of Acce; terms and conditions shall be held in abey appealed. Failure to 45-days renders this a shield against enfo granted. The form of Lance and agreement to be bou. f the granted variance. The nce during any period that th execute and forward the certi ariance void and of no force cement of rules from which th the certif icate is as follows ~d to all ~5-day period is matter is ~icate within and effect as is variance is ., ~_ 11 I (We)i VILLAG~ OF PLAINFIELD t hareby accegt and agree to bound by all terms and con tons of the order of the Illinois Pollution Control Hoard in PCH 96-56, "~ 1B, 13~. VILLAGE OF PLAINFIELD _,,,, 12 4 95 Date Section 41 of the Environmental Protection Act, (415 ILCS 5/42. (1994)), provides for appeal of final orders of the Board within 35 days of the date of service of this order. The Rules. of the Supreme Court of Illinois establish filing requirements. (See also 35 Ill. Adm. Code 101.246, Motion for Reconsideration.) I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certif what the above inion and order was adopted on the b `~'' day of ~~ , 1995, by a votes of ~' Dorothy M. unn, Clerk Illinois lution Control Board Villa a President T t e John E. Peterson TRUSTEES .ieilrey pan~nt VILLAGE C)F FLAINFIELD M~~,'~ "~ r WILL COUNTY'S OLDEST COMMUNITY ~ sRm~oi;ch Kurt $talzar ~. ,q, - f ~ ~ ~ "" ~~ ~i w ~-~~ ~1 7 Susan .lanik v~.ia-c+~ c,~anu December 7, 1.995 .,Lti,i Y'"~ 1pp H.- G,.~~`,~,., Mr . Stephen C . Evart ~ ~=- ~ ~ ~~ ~, - ~~-,y ~ . Division of Legal Counsel Illinois Environmental Protection Agency 2200 Churchill. Road, P. 0. Box 19276 ,,, Springfield,' .Illinois 62794-9276 ~./'~-~- `~~~ - ~~7~ Re: Certificate of Acceptance and Agreement of the order of the Illinois Pollution Control Board in PCB 96-56, November 16, 1995. Dear Mr. Swart: t r Enclosed please find an executed Certificate of Acceptance and Agreement of the order of the Illinois Pollution Control Board in PCB 96--56, November 16, 1.995. If you need any additional information, please advise. Sincerely, ry~ ~~~ r ~~ Susan Janik, ,r Village C1erk.~~ ti i 1400 NQRTH DIVISIQN STREET • PLAINPIELD, ILLINOIS 60544 • ($15) 436-7093 • Pax ($15) 436-1950