ILLINOIS POLLUTION CONTROL
BOART)
May 28, 1981
VILLAGE OF ORLAND PARK,
Petitioner,
PCB 81—35
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent.
OPINION AND ORDER OF THE BOARD (by J. Anderson):
This
matter
comes before the Board on the petition for
variance of the Village of Orland Park (Village) filed March 5,
1981. The Village seeks variance from the 15 pCi/l gross alpha
particle activity limitation of Rule 304(C)(1) of Chapter 6:
Public Water Supply. The Illinois Environmental Protection Agen27
(Agency) filed its Recommendation in support of variance on April
6, 1981, and amended it April 8, 1981 to correct a typographical
error. Hearing was waived and none has been held.*
The Village of Orland Park, located in southwestern Cook
County, delivers water to its approximately 22,697 resident
and non-resident water users (4,637 connections) from a syste~1
operated in two separate parts. One draws water from three wefls
and delivers softened water, The other draws and delivers non—
softened water from seven currently operational wells, two of
which, Well Nos. 9 and 11, are deep wells. These two deep wells
deliver water with gross alpha activity in excess of the standard.
A sample from Well No, 11 showed activity of 29,2 ±7.35 pCi/l
(Pet. 3, Ex. A). The Village also reports (but does not attach
supporting documentation) that the gross alpha activity of Well
No. 9 is 25.3 ±7.15 pCi/l; as
the
Agency does not challenge this
figure, the Board accepts it as accurate (Pet. 3, Rec. 2).
*As explained in the Board~sOrder of
May
1, 1981 petitions
requesting a hearing were signed by 1066 Orland Park residents.
As these petitions were filed April 29 and May 1, 1981, long past
the date for filing Section 37 objections, the authorization of
hearing was not mandatory. The Board did not authorize a
discretionary hearing, since the petitioner had not then and has
not since waived the statutory decision deadline. Hearing could
not have been properly noticed and held, and transcripts reviewed
by the Board in the time period available.
41—493
2
The Village has also submitted a report from the Argonne
National Laboratories containing results of Argonne’s tests of the
waters of various wells for radium 226 only. The maximum permis-
sible concentration for combined radium 226 and 228 is 5 pCi/l
(Rule 304(C)(1)(a). The combined readings for radium 226 from
two test samplings each of Wells 9 and 11 were respectively, in
pCi/l, 15.42 ±0.30 and 16.6 ±1.2. Testing for radium 220 had
not been commenced.
Tests for radium 226 were also conducted by Argonne o~the
waters of the two deep wells in the softened water system, Wells
Nos. 6 and 10. The combined reading for water from Well No. 6
was 7.84 ±0.23 pCi/i. A single reading from Well No. 10 showed
activity of 4.44 ±0.13
pCill,
and the finished (softened) water
showed activity of 2.38 ±0.10 (Pet. Ex. B).
The Board finds that the Argonne test results are sufEicient
to indicate that variance from the 5 pCi/l combined radium stan-
dard is needed. The Board will therefore construe the petition
as seeking variance from Rule 304(C)(1)(a), as well as subsection
(B) of that Rule.
The Village estimates that the capital costs of installing
softening equipment for treatment of the waters from Wells 9 arid
11 would be $280,000; annual operating and maintenance costs,
and costs for disposal of the resulting low level radioactive
sludge were not calculated. The Village asserts that to requfre
expenditure of these funds to attain immediate compliance would
be arbitrary or unreasonable, as the Village has obtained a Lahe
Michigan water allocation available for its use beginning in 1933.
The Village believes that delivery of this water cannot he anti-
cipated until January 1, 1984 due to “requirements of planning,
engineering, financing, and construction” (Pet 4—5, Ex. C—D).
The Board notes that neither the Village nor the Agency has
considered or discussed the possibility of blending the waters of
the deep wells with that of the shallow wells, so as to deliver
finished water in compliance with the radiological quality
standards. As no details concerning this aspect of the Villaqe’s
system were provided, nor test results of water from the
distribution system included in the petition, the Board cannot
assess the feasibility of blending. The Board does find, however,
that to require immediate compliance would impose an arbitrary
or unreasonable hardship, particularly since there would appear
to be little risk to health from consuming the Village’s water if
this variance is granted (see Village of Lemont v. IEPA, PCB 80—48,
April 30, 1981). The Board will therefore grant a variance until
March 1, 1982, during which time the Village shall investigate the
blending option. Further conditions of this variance are that the
Village shall expeditiously pursue replacement of its well water
sources with Lake Michigan water and shall notify its users of
this variance.
4 1—494
3
This Opinion constitutes the Board’s findings of fact and
conclusions of law in this matter.
ORDER
Petitioner, the Village of Orland Park, is granted variance
from the gross alpha particle activity and radium limitations of
Rule 304(C)(1)(a) and (b) of Chapter 6: Public Water Supplies,
until March 1, 1982, subject to the following conditions:
1. Petitioner shall, in consultation with the Agency,
continue its sampling program to determine as
accurately as possible the level of radioactivity
in its wells and finished water. Testing for
radium 226 shall be continued, and testing for
radium 228 shall be commenced.
2. Petitioner shall, in consultation with the Agency,
investigate the possibility and economic feasibility
of blending water from its shallow wells with that
of its deep wells to reduce the radiation level in
its finished water, Petitioner shall submit the
results of its investigation to the Board on or
before January 1, 1982,
3. Petitioner shall replace its current water supply
with Lake Michigan water as expeditiously as is
practicable.
4. Pursuant to Rule 313(D)(1) of Chapter 6, 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 a variance from the
radiological quality standards by the Pollution
Control Board. The notice shall state the average
content of gross alpha particle activity and
radium, including available results from samples
taken since the last notice period,
5. Within forty—five days of the date of this Order,
Petitioner shall execute and forward to the Illinois
Environmental Protection Agency,
PWS
Enforcement
Programs, 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 the certificate shall he
as follows:
4 1—495
4
CERTIF ICATE
I, (We),
, having read
the Order of the Illinois Pollution Control Board in PC3 81—35
dated
____________________________,
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.
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Board, hereby ce~tifythat the above Opinion and Order
were ~dopted on the
c~
day of
FY)
4~. , 1981 by a vote
of ~
.
Christan L. Moffe~,)’dlerk
Illinois Pollution~ôntroi Board
4 1—496