ILLINOIS POLLUTION CONTROL BOARD
September 13, 1989
JOLIET
ARMY
AMMUNITION
)
PLANT,
Petitioner
)
v.
)
PCB 89—79
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
Respondent.
OPINION AND ORDER OF THE BOARD
(by M. Nardulli):
This matter comes before
the Board on a Petition for
Variance filed May 4,
1989 by petitioner Joliet Army Ammunition
Plant
(“Army”).
Army seeks a five—year variance from regulations
governing the issuance of permits
(35 Ill. Adm. Code 602.105(a))
and restricted status
(35 Ill. Adm.
Code 602.106(b))
insomuch as
these regulations involve limitations on combined radium levels
in public water supplies
(35 Ill. Adm. Code 604.301(a)).
On July
16,
1989,
the Illinois Environmental Protection Agency
(“Agency”)
filed
its Recommendation stating that the variance should be
granted subject to certain conditions.
On July 26,
1989,
a
hearing was held at which two members of the public attended and
gave testimony.
Ms. Gisella Topoiski, Will County Environmental
Liaison,
expressed concern over the concentration of combined
radium in the water supply.
(Tr.
28—35.)
Mr. Marr,
a retired
pipe fitter,
testified in opposition to the request for a five—
year variance, stating that the proposed main extensions should
not take that long
to complete.
(Tr.
36—38.)
For the following
reasons,
the variance
is granted subject
to those conditions
recommended by the Agency.
FACTS
Army owns and operates a permitted deep well public water
supply system in Joliet, Will County,
Illinois.
The public water
distribution system includes 12 deep wells, one shallow well,
pumps and a distribution facility.
(Pet.
at par.
11.)
Only one
deep well
(#7)
is currently in use.
(Id.)
Army supplies water
to
175 employees of Uniroyal Chemical Corporation,
200 employees of
Honeywell Incorporated and approximately
62 residents occupying
103—3 1
—2—
federal goyernment housing units at the site.
(Tr. at 15,20; Pet.
at par.9.)~
Army seeks
the instant variance so that it can extend its
water mains to serve the 4th U.S. Army Reserve Training Center
located north of the plant.
(Pet. at par.
12)
This site
is used
by the U.S. Army to conduct weekend and occasional two—week
training exercises.
(Id.)
The proposed extension would serve
approximately 200 army personnel on weekends and an additional
200 personnel during several two—week training periods during
summer
reserve training sessions.
(Pet.
at pars.
9,
11.)
The
training site also includes wash houses and maintenance buildings
for
trucks, cars and tanks and a latrine and shower area.
(Pet.
at par 12.)
On February 19,
1986, the Agency notified Army of its intent
to place
the plant on restricted status
for exceeding the maximum
allowable concentration of combined radium.
(Pet.
at par.
16; Pet
attachment 1.)
Army’s analysis verified non—compliance with the
combined radium standard.
(Pet.
at par. 19.)
In April
of 1988,
the Agency placed Army on restricted status
for violating
35
Ill.
Mm. Code 604.301(a).
RELIEF REQUESTED
Army seeks
a variance from 35
Ill.
Adm. Code 602.105(a)
which provides that the Agency shall not grant an operating or a
construction permit unless the applicant demonstrates that the
public water supply will be constructed, modified or operated so
as to not cause
a violation of the Illinois Environmental
Protection Act.
Army seeks
a variance from this regulation so
that the Agency may legally not deny Army a permit
for its
proposed main extensions even though Army is
in violation of the
combined radium standard.
Army also seeks a variance
from
35
Ill. Mm.
Code 602.106(b)
governing restricted status.
If Army is granted a variance from
the regulation governing issuance of permits, then
it should also
be removed from the Agency’s restricted status list for violating
the combined radium standard.
Army
is not seeking a variance
from the combined radium standard itself.
COMPLIANCE PLAN
Army has received $241,000
in funding for the installation
of an ion exchange water softening system to reduce
the level of
‘The United States Army owns the Joliet plant.
Joliet has
been placed on “semi—active status”
indicating that private
contractors rent the facility from the Army.
(Tr. at 13—14.)
Honeywell is such
a private contractor.
Uniroyal
is the
operating contractor
responsible for maintenance and security.
103—32
—3—
combined radium.
(Pet.
at par.
22.)
The Agency does
not object
to the use of such a system.
(Agency Rec. at par.
18)
The U.S.
Army has awarded a contract for the design and development of
this project
(Pet.
at par.
22.)
The estimated completion date of
this water softening system
is October
31, 1990
(Pet at par.
1.)
Army estimates that compliance can be demostrated by
laboratory analyses by February 28, 1992.
(Id.)
Army considered and rejected various alternatives to
reducing the level of combined radium.
Use of Lake Michigan,
the
Kankakee River and the Des Plaines River were rejected because of
distance.
(Pet. at par.
21.)
Blending from various wells was
rejected because all the deep wells have similar high levels of
combined radium.
(Id.)
Lime softening, which provides moderate
radium reduction,
was rejected because of sludge disposal
problems.
(Id.)
Reverse osmosis and other lesser used techniques
were rejected as being too costly and unproven.
(Id~.)
HARDSHIP AND ENVIRONMENTAL IMPACT
Army asserts that immediate compliance with the regulations
governing issuance of permits and restricted status,
insomuch as
these regulations
involve violations of the combined radium
regulation,
imposes an arbitrary or unreasonable hardship because
Army is unable
to proceed with the extension of service
to the
4th Army Reserve Training Center.
(Pet.
at pars.
27—29.)
Concerns of hardship must be balanced against the
environmental impact of granting the variance.
Water samples
show levels of combined radium of 11.8 pCi/l
for well #7 and 6.41
pCi/l
for the distribution system.
(Pet.
at par.
19.)
The
regulation provides that the maximum allowable concentration of
combined radium in public water supplies
is
5 pCi/I.
(35 Ill.
Adm. Code 604.301(a).)
Army states that the current level of
combined radium in its water supply does not pose
a
risk of
significant injury to public health or the environment.
(Pet.
at
par.
24.)
The Agency agrees that denial of the requested variance
imposes an arbitrary or unreasonable hardship on Army because new
water main extension permits could not be issued.
(Agency Rec. at
20—21.)
The Agency also agrees that granting the variance would
not result
in significant
injury to the public or
the
environment.
(Id.)
COMPLIANCE WITH FEDERAL LAW
The Agency believes that Army may be granted
a variance from
35
Ill.
Adm. Code 602.105(a)
and 35
Ill. Adm. Code 602.106(b)
consistent with the provisions of the Safer Drinking Water Act
(42 U.S.C.
§ 300(f)) and corresponding regulations
(40 CFR Part
141) because the requested relief is not a variance from a
national primary drinking water
regulation.
(Agency Rec.
at par.
23.)
Both parties
recognize that Army would still
be subject to
103—33
—4—
a possible enforcement action for violating the combined radium
regulation.
The Agency notes, however, that
if the variance
contains a condition that compliance with the combined radium
regulation be achieved at the expiration of the variance,
it
is
likely that the USEPA would defer enforcement.
CONCLUSION
The Board finds that the Army has presented adequate proof
that immediate compliance with 35
Ill. Adm. Code 602.105(a) and
35
Ill.
Adm. Code 602.106(b) would impose an arbitrary or
unreasonable hardship considering the minimal adverse
environmental impact of granting the requested relief.
Therefore,
the variance
is granted subject to the following
conditions recommended by the Agency.
The Board emphasizes that
the variance grants relief only with regard to combined radium.
This opinion constitutes the Board’s findings of fact and
conclusions of law in this matter.
ORDER
Petitioner Joliet Army Ammunition Plant
is granted a
variance form 35
Ill. Adm. Code 602.105(a)
and
35
Ill.
Adm. Code
602.106(b), but only as these regulations relate to combined
radium,
subject
to the following conditions.
1.
The variance begins September
13,
1989 and expires
February 29, 1992,
or when analysis pursuant
to 35
Ill.
Adm. Code 605.104(a)
shows compliance with the
contaminant
in question, whichever occurs first;
2.
Compliance with the maximum allowable concentration of
combined radium shall be achieved no later than February
28,
1992;
3.
In consultation with the Agency, petitioner shall
continue its sampling program to determine as accurately
as possible the level of radioactivity in its wells and
finished water.
Until
this variance expires, petitioner
shall collect quarterly samples of its water from its
distribution system at
locations approved by the
Agency.
Petitioner
shall composite the quarterly
samples from each location separately and shall analyze
them annually by a laboratory certified by the State of
Illinois
for radiological analysis so as to determine
the concentration of the contaminant
in questions.
The
results of the analysis shall be
reported within 30 days
of receipt of
each analysis to:
103—34
—5—
Compliance Assurance Section
Division of Public Water Supplies
2200 Churchill Road
P.O.
Box 19276,
IEPA
Springfield, Illinois 62794—9276.
At the option of petitioner,
the quarterly samples may
be analyzed when collected.
The running average of the
most recent four quarterly sample results shall be
reported
to the above address within
30 days of receipt
of the most recent quarterly sample;
4.
No later
than July 31,
1989, petitioner shall apply to
IEPA,
DPWS,
Permit Section,
for all permits necessary
for construction of installations, changes or additions
to petitioner’s public water supply which are needed for
achieving compliance with the maximum allowable
concentrations for the standard
in question;
5.
Within three months after each construction permit
is
issued by IEPA,
DPWS, petitioner shall have awarded
contracts to all
contractors
to do the necessary work
described
in the construction permit.
Petitioner
shall
notify IEPA,
DPWS, within 30 days,
of each of the names
of the contractors selected;
6.
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 of additions necessary
to achieve compliance
with the maximum allowable concentration
in question
shall begin no later than March
1, 1990 and shall be
completed no later
than November
30, 1990;
7.
Pursuant
to
35 Ill. Mm. Code 606.201, within three
months after
the date of this Variance Order, and every
three months thereafter, petitioner will end
to each
household on its public water supply site a written
notice to the effect that petitioner has been granted by
the Pollution Condition Board a variance from 35
Ill.
Adm. Code 602.105(a)
Standards of Issuance and 35
Ill.
Adm.
Code 602.106(b)
Restricted Status,
as
it
relates to
the
MAC
standard in question.
Written notices shall
also be posted
in prominent places on site;
8.
Pursuant
to 35
Ill. Adm. Code 606.201, within three
months after
the date of this Order and every
three
months thereafter, petitioner will sent written notices
to the effect that it
is not
in compliance with the
standard in questions.
Written notices shall be sent
to
each household on the site.
Written notices shall also
be posted
in prominent places on the site.
Notices
shall state
the average content of the contaminant
in
103—35
—6—
question
in samples taken since the last notice period
during which samples were taken;
9.
Until
full compliance is reached, petitioner shall
take
all reasonable measures with its existing equipment to
minimize the level of contaminant
in question
in its
finished drinking water;
10.
Petitioner shall provide written progress reports
to
IEPA,
DPWS, FOS every six months concerning steps taken
to comply with paragraphs
0,
E,
F,
G,
H, and
I.
Progress reports shall quote each of said paragraphs and
immediately below each paragraph state what steps have
been taken to comply with each paragraph;
11.
With in forty five days of the grant
of the variance,
petitioner
shall execute and forward
to:
Bobella Glatz
Enforcement Programs
Illinois Environment Protection Agency
2200 Churchill Road
Springfield, Illinois
62894—9276
a certificate of acceptance of this variance by which it
agrees to be bound by the terms and conditions contained
herein.
This variance will
be void
if Illinois Power
Company finals
to execute and forward the certificate
within the forty five day period.
The forty five day
period shall
be in abeyance for any period during which
the matter
is appealed.
The form of the certification
shall be as follows:
103—36
—7—
CERTIFICATION
I,
(We)
,
having read
the Opinion and Order of the Illinois Pollution Control Board in
PCB 89—79, dated September 13, 1989,
understand and accept the
said Opinion and Order, realizing that such acceptance renders
all terms and condition
s thereto binding and enforceable.
Petitioner
Authorized Agent
Title
Date
IT
IS SO ORDERED.
Board Member B.
Forcade dissented and Board Member J.D.
Dumelle concurred.
Section 41 of the Environmental Protection Act, Ill.
Rev.
Stat.
1985,
ch.
11—1/2,
par.
1041,
provides
for appeal
of final
Orders of
the Board within 35 days.
The Rules of the Supreme
Court of
Illinois establish filing requirements.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the above Opin~onand Order was
adopted on the
/~L~i
day of
/
,
1989,
byavoteof
_____________.
/~L-~
Dorothy M Gurtn4 Clerk
Illinois Poliution Control Board
103—37