ILLINOIS POLLUTION CONTROL BOARD
May 14, 1987
CITY OF ROCK ISLAND
)
)
Petitioner,
)
PCB 87—13
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
MR.
ROY M. HARSCH, MARTIN CRAIG, CHESTER AND SONNENSCHEIN,
APPEARED ON BEHALF OF PETITIONER.
MR. THOMAS DAVIS APPEARED ON BEHALF OF RESPONDENT.
OPINION
AND
ORDER OF THE BOARD (by
R.
C.
Flemal):
This matter comes before
the Board on the petition for
variance filed on January 30, 1987, by the City of Rock Island
(“Rock Island”).
Rock Island seeks a two—year variance from 35
Ill.. Mm. Code 602.105(a)
“Standards For
Issuance” and 602.106(b)
“Restricted Status”
to the extent those rules relate to the
exceedence
in Rock Island’s public water supply of the 0.10
milligram per liter
total trihaloniethane
(“THM”) maximum
allowable concentration of 35 Ill. Adm. Code 604.202.
By Order dated February
5,
19B7, the Board asked that Rock
Island provide additional information regarding the
concentrations of trihalomethanes encountered in its water supply
and the locations from which samples have been taken.
Rock
Island responded to this Order
by filing received by the Board on
February 27,
1987.
On February 23,
1987, the Board received objections to the
requested relief from five users of Rock Island water.
These
objections triggered a hearing
in this matter, and hearing was
accordingly ordered by the Board on March
5, 1987; hearing had
otherwise been waived by Petitioner.
On April 10,
1987, the Illinois Environmental Protection
Agency (“Agency”)
filed
a Recommendation in support of grant of
variance subject to conditions.
Hearing was held on May 1,
1987,
in Rock Island,
and
attended by the parties and a member of the press.
None of the
five objectors was in attendance.
78.12
—2—
On May 7,
1987, Rock Island filed a Motion for Expedited
Decision.
On May 13,
1987,
the Agency filed a response in
support of this motion,
The motion
is granted.
FACILITIES
Rock Island owns and operates a public water treatment plant
and distribution system located
in Rock Island,
Illinois,.
The
plant provides clarified,
filtered, and disinfected water to
approximately 47,000 residents and 1,000 businesses in Rock
Island,
Rock Island’s source of raw water
is the Mississippi
River.
A pumping station pumps the raw water
to the treatment
plant.
The distribution system consists of cast iron, steel, and
ductile iron mains.
The water treatment facilities have a
current capacity of approximately 16 million gallons per day
(“mgd”).
Average pumping rates have been between 7.0 and 7.5 mgd
over the past four years.
Rock Island provides primary clarification through rapid—mix
flocculation and sedimentation, aided by the addition of alum and
lime.
Flocculated raw water solids settle
in sedimentation
basins, and some of the settled solids are routed
to a sludge
thickener,
Clarified water
from the sedimentation basins passes
through gravity filters for filtration of the remaining solids.
Finished water
flows to “clear lakes”
(finished water
reservoirs)
after disinfection and fluoridation.
It is then routed either
into on—site “dome storage”
or pumped into the distribution
system.
REGULATORY FRAMEWORK
Trihalomethanes are a family of organic compounds, named as
derivatives of methane (CH4), where three
of the four hydrogen
atoms are substituted by a halogen atom.
Although halogens can
include fluorine, chlorine, bromine,
and iodine, only THM
compounds
in which chlorine and bromine act
as substituents occur
commonly.
Thus,
the principal THMs of concern are CHC13
(chloroform
=
trichioromethane), CHBr3
(bromoform
=
tribromomethane), CHBrC12 (dichlorobromomethane), and CHC1Br2
(dibromochioromethane).
THM5
in drinking water
are most commonly produced by the
reaction of chlorine and lesser amounts of bromine with naturally
occuring organic precursors
(e.g., humic or fulvic acid)
found
in
source waters.
Chlorination of drinking waters
is a standard
means of disinfecting raw waters.
Similarly, many raw waters
contain the organic precursors of
THMI,
Thus, THMs are commonly
found
in drinking water supplies throughout the United States.
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—3—
In recognition of a variety of health effects occasioned by
exposure to THM, the U.S. Environmental Protection Agency
promulgated
in 1979
a maximum concentration limit for drinking
water of 0.10 mg/l of total THM.
Illinois subsequently adopted
the same limit as the maximum allowable concentration under
Illinois law.
However, the action that Rock Island here requests
is not
variance from the 0.10 mg/i total THM standard; irrespectiv~~f
the action taken by the Board in this matter, that standard will
remain applicable to Rock
Island,
Rather, the action Rock Island
requests
is the temporary lifting of prohibitions imposed
pursuant to 35 Ill. Adm. Code 602.105 and 602.106.
In pertinent
part these sections read:
Section 602.105
Standards for Issuance
a)
The Agency shall not grant any construction
or
operating permit required by this Part unless
the applicant submits adequate proof that the
public water supply will be constructed,
modified or operated so as not to cause a
violation of the Environmental Protection Act
(Ill.
Rev. Stat.
1981,
ch.
1111/2,
pars.
1001 et
seq.)
(Act), or of this Chapter.
Section 602.106
Restricted Status
a)
Restricted status shall be defined by the Agency
determination pursuant to Section 39(a)
of the
Act and Section 602.105, that a public water
supply facility may no longer be issued a
construction permit without causing
a violation
of the Act or this Chapter.
b)
The Agency shall publish and make available to
the public, at intervals of not more than six
months,
a comprehensive and up—to—date list of
supplies subject to restrictive status and the
reasons why.
C)
The Agency shall notify the owners or official
custodians of supplies when the supply is
initially placed on restricted status by the
Agency.
Illinois regulations thus provide that communities are
effectively prohibited from extending water service, by virtue of
not being able to obtain the requisite permits,
if their water
fails to meet any of the several
standards for finished water
supplies.
This provision
is a feature of Illinois regulations
not found in federal law.
It is this effective prohibition which
Rock
Island herein requests be lifted.
78.j4
—4—
An additional
facet of Illinois regulations pertinent to the
instant matter
is the averaging provision associated with THM, as
found at
35 Iii. Adm. Code 604.203(d)(1):
(d)
Total Trihalomethanes
1)
The average of Total Trthalomethanes
concentration
in the finished water of four
samples of any four consecutive quarters per
treatment plant or per aquifer shall not
exceed the limit listed
in Section 604.202.
Thus,
to be
in violation of the THM maximum allowable
concentration of 0.10 mg/i (the limit listed
in Section 604,202),
it is necessary that the average of samples
from four consecutive
quarters exceed
0.10 mg/i,
Conversely,
a determination of
compliance requires that the average of samples from four
consecutive quarters be below 0.10 mg/I.
TRIHALOMETHANES IN
ROCK
ISLAND’S WATER SUPPLY
Rock Island was first advised that it was being placed on
restricted status by letter from the Agency dated August 19,
1986.
This action was occasioned by the presence of THM in the
Rock Island water supply,
as revealed by sampling, in excess of
the 0.10 mg/i maximum allowable concentration,
Rock Island has
provided results of analyses, all gathered at ~oints within the
distribution system, and summarized as follows
:
No. of
Average
Date
Analyses
Concentration
September
22,
1981
4
.233
February 18, 1982
4
.084
June 2,
1982
4
.175
April 20,
1983
4
.045
September
7, 1984
4
.139
February 14, 1985
4
.074
May 7, 1985
4
.161
July 17,
1985
4
.457
September 8,
1985
4
.262
April
4, 1986
4
.165
June 18,
1986
4
.287
October
22,
1986
4
.165
Analyses dated from September
1981 through October 1986 were
provided in Rock Island’s February 27,
1987, filing,
p.
3—5.
Results of later analyses were provided
at hearing
(R. at 15;
Exhibit 4),
The former analyses were made when chlorine was used
as the disinfectant, the latter since chioramine has been used.
—5—
February 4,
1987
4
.011
February 12, 1987
5
.011
February 17, 1987
4
.004
March
2, 1987
4
.004
March 9, 1987
2
.002
March
19, 1987
2
.054
March
25,
1987
4
.068
April
2, 1987
4
.077
April
8, 1987
2
.046
April
9,
1987
2
.041
April
14,
1987
4
.042
April 23, 1987
4
.072
April
24,
1987
2
.058
COMPLIANCE EFFORTS AND COMPLIANCE STATUS
Although
it is agreed that the THMs in the Rock Island water
supply may be accounted for by the “normal” process of the
reaction of disinfection chlorine with organic substances within
the raw water,
it is not entirely clear why the Rock
Island
system should have experienced THM concentrations elevated to the
degree encountered in samples.
Therefore,
it has also not been
clear as to what corrective methods may be employed to reduce the
THM concentrations to acceptable levels.
Accordingly, Rock
Island has undertaken a variety of steps
and system modifications
in an attempt to find a solution.
As
early as the spring and summer of 1982, Rock Island installed an
aeration system which
it believed might reduce the levels of
volatile organic precursors.
In the summer of 1983, Rock Island
also introduced
at appropriate positions in the system both
potassium permanganate and a synthetic coagulant.
The former was
intended
to reduce disinfection demand and to provide an oxidant
for organic precursors; the latter was intended to reduce organic
precursors by providing for maximum contact time.
Unfortunately,
none of these activities proved effective in reducing THM levels,
as subsequent sampling showed.
Somewhat more effective was movement of the injection point
for prechlorination down—system within the overall treatment
process.
This action was designed to reduce chlorine contact
period and to provide disinfection after maximum settling of
flocculated colioids, while still insuring total bacteriostatic
measures.
Subsequent to receiving notice of restricted status from the
Agency, Rock Island examined and instituted a number of
additional projects.
These have included relocation of the point
of pH adjustment of the water entering the settling basins and
redesign of the potassium permanganate application system.
An
additional major change
in the system was the replacement of
78-16
—6—
chlorine by chloramine as the primary disinfectant.
This change
was undertaken during the early part of January 1987
(R. at 15).
Rock Island believes that the more recent projects may in
fact have corrected the problem.
As evidence thereto, Rock
Island submitted at hearing the results of 43 ThM analyses
conducted on waters from the distribution system collected
subsequent to the change
from chlorine to chloramine disinfectant
(see above table).
All 43 analyses are below 0,10 mg/i.
Thus,
concentrations have been below the 0.10 mg/i level during
the
most recent quarter for which complete data are available as well
as for that fraction of the current quarter for which data are
also available.
This notwithstanding, Rock Island asserts that
it intends to continue
to explore methods and to take additional
steps to reduce the concentrations of THM in its public water
supply,
HARDSHIP
Notwithstanding the fact that Rock Island has been able
to
achieve THM concentrations below 0.10 mg/l THM,
it would remain
on restricted status, absent variance, for some additional
time.
This follows because compliance
for purposes of restricted
status
is based
on the average of four consecutive quarterly
samples pursuant to 35 Ill. Mm. Code 604.230(d),
Only the most
recent quarterly average
is below 0.10 mg/i and the averages of
the previous three quarters are such that the most recent four—
quarter average remains above 0.10 mg/i.
Thus, without variance,
restricted status cannot be lifted immediately.
Rock Island believes that remaining on restricted status
while it
is employing further methods to control THM places an
arbitrary and unreasonable hardship on the community and prevents
it from expanding, extending, or modifying its water distribution
system.
Rock Island notes that it has suffered a loss of its
industrial base and has recently been experiencing a worsening
economic climate.
It has therefore been Rock Island’s position
that it needs
to attract new industry to improve the depressed
economic conditions of the city.
To further this end Rock Island
has embarked on a national advertising campaign to attract new
industry, focused
in part upon the abundant availability and high
quality of public water,
as noted
in a brochure
it has prepared
and distributed (Exhibit 6).
Rock
Island believes that this
enterprise has been blunted by the Agency’s placement of
Petitioner
on restricted status because Rock
Island cannot modify
its water distribution system to accomodate new industry, and
thus is effectively prohibited from establishing that industry.
Rock Island concludes that this constitutes imposition of an
arbitrary and unreasonable hardship.
78-17
—7—
ENVIRONMENTAL AND HEALTH EFFECTS
Rock Island believes that the current levels of THM
in its
public water supply do not pose
a threat to human health or the
environment.
The Agency believes that “an incremental
increase
in the
allowable concentration for the contaminant
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” (Agency Recommendation.,
p.
5).
In
conclusion the Agency states:
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 that variance.
In light
of the cost
to the Petitioner of treatment of its
current water supply, the likelihood of no
significant injury to the public from continuation of
the present level of the contaminant in question
in
the Petitioner’s water for the limited time period of
the variance, the Agency concludes that denial of a
variance from the effects of Restricted Status would
impose an arbitrary or unreasonable hardship upon
Petitioner.
The Agency observes that this grant of variance from
restricted status should affect only those users who
consume water drawn from any newly extended water
lines.
This variance should not affect the status of
the rest of Petitioner’s population drawing water
from existing water lines, except insofar as the
variance by its conditions may hasten compliance.
In
so saying,
the Agency emphasizes that it continues to
place a high priority on compliance with the THM
standards.
Id.,
p. 7—8
CONCLUSION
The Board finds that,
in light of all the facts and
circumstances of this case, denial of variance would impose an
arbitrary or unreasonable hardship upon Petitioner.
The Board
also agrees with the Agency that no significant health risk will
be
incurred by the persons who may be
served by any new water
main extensions, particularly assuming that Rock Island can
continue
to maintain the THM concentrations witnessed in the more
recent samples.
78-18
—8—
For these reasons the Board will grant Petitioner variance
as requested, subject to conditions similar
to those stipulated
to by the parties at hearing
CR.
at 8—9;
27—29)
and submitted to
the Board as Exhibit
3, p. 8—10.
However, the Board
is concerned that the conditions of the
variance be supported by an adequate record of sampling and
analysis.
It
is admitted that the reactions which form THM occur
more readily during warm weather months due to higher
temperatures of the raw water
(R. at 20—22),
Rock Island thus
recognizes that the system changes which have been undertaken to
date could be insufficient to control THM levels during all of
the year
(R. at 21—22), and that therefore additional system
modifications may yet be required.
The Board accordingly
believes
it necessary that Rock Island continue to sample for THM
with
a frequency sufficient to allow rapid response to any
significant increase in THM concentration.
The Board will
therefore order that Rock Island sample its public water supply
distribution system for THM at least once each week for the
period of the variance, and report the results of these analyses
to the Agency as part of the otherwise required six—month
progress reports.
As a final modification of the proposed conditions, the
Board will order that the variance expire upon achievement of
compliance with the THM maximum allowable concentration, should
that event occur before completion of the two—year term of the
variance.
This provision will eliminate the need for Rock Island
to continue to abide by the full set of conditions of the
variance should compliance be achieved before two years have
passed.
This Opinion constitutes the Board’s findings of fact and
conclusions of law in this matter.
ORDER
1.
Petitioner, the City of Rock Island,
is hereby granted
variance from 35 Iii. Adm. Code 602.105(a),
Standards of
Issuance, and 602.106(b), Restricted Status, but only as
they relate
to the 0.10 mg/I total trihalomethanes maximum
allowable concentration of 35 Ill.
Adni, Code 604.202 and
604.203(d), subject to the following conditions:
(A)
This variance expires on May 14,
1989,
or when
compliance with the total trihalomethanes maximum
allowable concentration of 35 Ill. Mm. Code 604.202
and 604.203(d)
is achieved, whichever is sooner.
78-19
—9—
(B)
Compliance shall be achieved with the total
trihalomethanes maximum allowable concentration of 35
Ill,. Adm. Code 604.202 and 604.203(d)
no later than two
years from grant of this variance,
(C)
Within fourteen months of grant of the variance
Petitioner shall apply to IEPA, DPWS,
Permit Section,
for all permits necessary for construction of
installations, changes or additions to
the Petitioner’s
public water supply needed for achieving compliance
with the maximum allowable concentration for the
standard
in question.
(D)
If necessary, within three months after each
construction permit is issued by IEPA, DPWS, the
Petitioner shall advertise 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 IEPA, DPWS,
within 30 days of each action, of:
1) advertisements
for bids,
2)
names of successful bidders, and 3)
whether Petitioner accepted the bids.
(E)
If necessary, 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 maximum allowable
concentration in question shall
begin no later than one
and one—half years from the grant of this variance and
shall
be completed no later than two years from the
grant
of this variance.
(F)
Pursuant to 35 Ill,
Adni.
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 Petitioneris not
in compliance with the standards
in question.
The notice shall
state the average
content of total trihalomethanes
in samples taken since
the last notice period during which samples were taken.
(G)
Petitioner shall take all reasonable measures with its
existing equipment to minimize the level of total
trihalomethanes
in its finished water.
(H)
Petitioner shall
sample and analyze its public water
supply distribution for
total trihalomethanes
at least
once each week.
Results of such sampling and analysis
shall be provided to the Agency within the report
specified
in paragraph (I).
78-20
—10—
(I)
Petitioner
shall provide written progress reports to
IEPA, DPWS,
FOS every six months concerning steps taken
to comply with paragraphs
C,
D,
E,
G, and H.
Progress
reports shall quote each of the above paragraphs and
immediately below each paragraph shall state what steps
have been taken to comply with each paragraph.
2,
Within forty—five days of the date of this Order,
Petitioner
shall execute and forward to Wayne L. Wiemersiage,
Enforcement Programs, Illinois Environmental Protection
Agency, 2200 Churchill Road, Springfield, Illinois 62706,
a
Certificate of Acceptance and Agreement to be bound
by 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 said Certification shall be
as follows:
CERTIFICATION
I,
(We),
__________________________,
having read the
Order of the Illinois Pollution Control Board,
in PCB 87-13,
dated May 14, 1987,
understand and accept the said Order,
realizing that such acceptance renders all terms and conditions
thereto binding and enforceable,
Petitioner
By:
Authorized Agent
Title
Date
IT
IS SO ORDERED,
Board Members Bill Forcade and John Marlin concurred, and
Jacob D.
Dumelle dissented.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certi~Lthat the above Opinion and Order was
adopted on the
/~?~‘
day of
_____________,
1987, by a vote
of
7
127
Dorothy M. dunn,
Clerk
Illinois Pollution Control Board
78-21
