ILLINOIS POLLUTION CONTROL BOARD

May 22,

1986

VILLAGE OF BENSENVILLE,

)

Petitioner,

V.

PCB 86—42

ILLINOIS ENVIRONMENTAL

PROTECTION

AGENCY,

Respondent.

OPINION AND ORDER OF THE BOARD

(by J. Theodore Meyer):

This matter

comes before

the Board

on

a March

18,

1986

petition

for variance from restricted status

filed

by the Village

of Bensenville.

The Village

is requesting variance for

a period

of

five years from 35

Ill.

Adin.

Code 602.105(a),

Standards for

Issuance,

and from

35 Ill. Adm. Code 602.106(b),

Restricted

Status, but only

to

the extent that

those rules involve

35

Ill.

Adm. Code 604.301(a)

(radium content).

The Illinois

Environmental Protection Agency (Agency)

filed

its recommendation

that variance be granted,

subject

to conditions,

on April

29,

1986.

Hearing was waived and none has been held.

The Village

of Bensenville

is located

in DuPage County,

Illinois.

The Village owns and operates

a public water supply

distribution system which includes

5 deep wells, pumps

and

distribution facilities.

The ages

and depths

of these wells

are as follows:

Depth

Date placed

in operation

Well No.

2

1,450

feet

1929

Well No.

3

1,450

feet

1954

Well No.

4

1,450 feet

1961

Well No.

6

1,900

feet

1984

Well No.

7

1,900 feet

1984

The water supply system potable water

to

a population of 10,270

residential

and 1,100

industrial

and commercial utility customers

representing some 17,800 residents and some 1,100 businesses

employing approximately 10,000 people,

estimated

as

of

1984.

The Village was first advised by the Agency that the maximum

allowable concentration

(MAC)

for radium—226 and radium—228 was

exceeded by letter dated December

9,

1985.

Agency analyses

70.47

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showed

a

radiurn—226 count of

7.1 picoCuries per liter

(pci/i)

and

a

radium—228 count of

2.7 pCi/i

for

a combined concentration of

9.8 pCi/i

in exceedance

of the

5 pCi/i standard.

The Agency

states that

the Village has been placed on

its April

1986

Restricted Status

List.

The Village states

the purpose of the requested variance

is

to allow the continued operation of its water supply and

distribution system

and expansion or extension

to the

distribution

system as necessary.

The Village states that

without

a variance all construction within its service area

requiring extension

of the water supply system could not resume

thereby hurting prospective home purchasers,

business developers

and the Village’s tax base.

The Village argues

that the time

involved

for planning,

financing,

engineering

and construction of

water

treatment facilities prevents immediate compliance.

In the

interim,

the Village argues that there

is

a great need for

expansion of

the water distribution system

in order

to serve

the

domestic and fire protection requirements of the local

population.

(Pet.

at

11).

To assure an adequate supply

the

Village has determined

that certain improvements will

be

necessary including:

1)

construction of approximately 4,600 feet

of 12—inch water main

to eliminate severe flow restrictions,

2)

construction of 36,250 feet of water main to provide the Village

with 12—inch water main loops,

and

3)

construction of 7,950

feet

of water mains

to eliminate dead end water mains.

This

replacement program

is scheduled for 1986 through

1990;

some of

the construction

is already underway.

The Village envisions one alternative

for complying with the

radium standard which

is

to utilize

its allocation for Lake

Michigan water

to

replace its

deep wells.

The Village states

that,

in conjunction with DuPage County and several neighboring

municipalities,

it has begun planning

to design,

construct,

and

operate

a Lake Michigan water transmission system.

The Village

and

its partners have been securing rights

of way

to

this end,

and have executed contracts with several construction

contractors.

A bond referendum for this purpose was passed

in Du

Page County in November, 1985.

Together

the Village and its

partners will

be investing more

than $350,000,000

in the water

transmission system which

is expected

to meet water needs

into

the 21st century.

Delivery

of lake water

is expected

to begin

in

1991 with the system fully operational

in

1992.

At that time,

the Village will cease

using

its groundwater

supplies and rely on

Lake Michigan water for

the entire community.

The Village does

not intend

to investigate any other compliance alternatives other

than switching to Lake Michigan water.

The Agency notes

that treatment alternatives including lime

or lime soda softening and ion—exchange water softening do

exist.

These methods are approximately 90

effective,

however,

70.48

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lime softening creates large quantities

of sludge and

concentrates

the radium creating waste disposal problems.

Ion

exchange softeners utilizing salt significantly increase the

sodium content of water posing a significant

risk to persons who

are hypertensive or who have heart problems.

Ion exchangers also

concentrate the radium

in the waste stream and some radioactivity

remains

in the exchange material creating additional hazards and

posing waste disposal problems.

The Village argues that the

expense associated with utilizing

a treatment alternative

is

unwarranted for

the limited time period between issuance

of the

variance and the delivery of Lake Michigan water.

The Village has not performed

a formal assessment of

the

environmental effect

of this variance,

but refers the Board

to

testimony and exhibits presented by Dr. Richard

E.

Toohey, Ph.D.

and Dr.

James Stebbings, Ph.D.,

both of Argonne National

Laboratory,

in R85—l4,

Proposed Amendments to Public Water Supply

Regulations,

35

Ill. Adm. Code 602.105 and 602.106.

This

testimony

is cited

for the proposition that granting

of the

variance will

not cause any significant

harm to the environment

or

the people served by the water system

for the limited time

period

of the requested variance.

The Agency agrees with this

assessment.

(Rec.

at

5—6).

The Board finds

that it would pose

an arbitrary or

unreasonable hardship upon the Village

to require treatment of

its water supply

to avoid

the effect

of being on Restricted

Status given

the anticipated delivery of Lake Michigan water

by

the expiration of this variance.

The Board finds

that

this

hardship outweighs

the minimal environmental

impact

for the time

period

of the variance,

thus the Board will grant the Village’s

request for variance.

The Board would

like to point out,

however,

that

it shares the Agency’s concern that Petitioner did

not comply with

its prior gross alpha particle activity variance

granted

in PCB 80—151.

This variance expired as

of January 1,

1983 but required, interalia,

the Village

to submit quarterly

reports concerning

its efforts

to obtain Lake Michigan water,

to

contact the Agency semi—annually concerning

the availability

of

waste disposal sites

to accept radioactive wastes generated

through softening,

and

to commence testing

for combined radium.

The Village’s current variance petition does not explain why the

Village failed

to comply with these conditions.

Although this

variance

is not from the same standard as that granted

in PCB 80—

Si,

the Board wishes

to strongly impress upon

the Village the

necessity of complying with all the conditions

imposed herein.

Lastly,

the Board would like

to note that the United States

Environmental Agency (USEPA)

has challenged several Board issued

variances from the radiological standards

as being inconsistent

with the Safe Drinking Water Act.

However,

the variance

requested here

is solely from the state

regulations

70-49

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establishing

the restricted

status mechanism and not from the

national primary drinking water regulations.

Thus,

this variance

will not insulate the Village from the possibility

of

an

enforcement action

for violations of the underlying radiological

standards.

This Opinion constitutes

the Board’s findings of fact and

conclusions of law in this matter.

ORDER

The Village of Bensenville

is hereby granted variance

from 35

Ill. Adm. Code 602.106(b)

and 602.105(a)

but only insofar those

rules

involve

35

Ill. Adm. Code 604.301(a), combined

radium,

subject

to the following conditions:

1.

This variance expires when analysis pursuant to

35

Ill.

Adm. Code 605.105(a)

show compliance with 35 Ill. Adm.

Code 604.301(a)

or when five years has passed from grant

of this variance, whichever comes first;

2.

In consultation with the Agency, Petitioner

shall within

thirty days initiate

a sampling and analysis program at

its own cost to determine as accurately as possible the

level

of

radioactivity, including radium—226

and radium—

228,

in

its wells and finished water.

Analyses shall

be

reported within

14 days of receipt

of said analysis.

3.

Petitioner

shall continue its effort

to receive

a Lake

Michigan water

allocation

and shall report quarterly to

the Agency as

to the progress of

its efforts.

4.

Compliance

shall

be achieved with the maximum allowable

concentration for combined radium no later

than five

years from grant of this variance.

5.

Pursuant to

35

Ill. 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 has been granted by the Pollution

Control Board

a variance from 35

Ill.

Adin.

Code

602.105(a),

Standards of Issuance,

and

35 Ill.

Adrn.

Code

602.106(b), Restricted Status,

as

it relates

to the

contaminant

in question.

6.

Pursuant to

35

Ill. Adm. Code 606.201,

in its first set

of water

bills or within three months after

the date of

70.50

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—5—

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.

The notice

shall state

the average content

of the contaminant

in question in samples

taken since

the last notice period during which samples were taken.

7.

Petitioner

shall take all reasonable measures with its

existing equipment

to minimize

the

level

of its

contaminant

in question

in its

finished water.

8.

Within

45 days of the date

of this order,

Petitioner

shall

execute and forward

to Wayne Wiemersiage,

Enforcement Programs, Illinois Environmental Protection

Agency,

2200 Churchill Road,

Springfield,

Illinois

62706,

a Certificate of Acceptance

and Agreement

to be

bound

to

all terms

and conditions of this variance.

This forty—five day period

shall

be held

in abeyance for

any period this matter

is being appealed.

The form of

Certification shall be

as follows:

CERTIFICATION

1,

(We)

hereby accept

and agree

to

be bound

by all terms and conditions

of the Order of the Pollution Control

Board

in PCB 86—42, May 22,

1986.

Petitioner

Authorized Agent

Title

Date

IT

IS SO ORDERED.

70.51

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—6—

J.

D.

Dumelle and

B.

Forcade dissented.

I,

Dorothy

M. Gunn,

Clerk of the Illinois Pollution Control

Board,

hereby certify that the above Opinion and Order was

adopted

on

the

~

day of

~

,

1986,

by

a vote

of

5-~.

.

LC~~t~1~

~

Dorothy M.~Gunn,Clerk

Illinois Pollution Control Board

70-52