ILLINOIS POLLUTION CONTROL BOARD
February 19, 1987
CITY OF ELMHURST,
)
Petitioner,
v.
)
PCB 86—157
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 filed on September 26, 1986 as amended November 24 by
the City of Elmhurst (City). The City seeks a five year variance
from 35 Ill. Adm. Code 602.105 (a) “Standards For Issuance” and
602.106(a) “Restricted Status” to the extent those rules relate
to the exceedance by the City’s public water supply of the 5
pCi/i combined radium—226 and radium—228 standard of 35 Iii. Adm.
Code 604.301(a). On December 29, 1986 the Illinois Environmental
Protection Agency (Agency) filed a Recommendation in support of
grant of variance subject to conditions. Hearing was waived and
none has been held. This matter is being given expedited
consideration pursuant to the City’s motion of February 4, 1987.
The City of Elmhurst, located in DuPage County, estimates
that it supplies drinking water to 13,800 residential, industrial
and utility customers representing approximately 44,200 people
and 1,273 industries and businesses employing approximately
20,000 people (based on 1985 figures). The City draws water from
the following wells.
COMBINED RADIUM
WELL
DEPTH
CAPACITY
CONTENT
3
1478 feet
1370 gpni, 1.972 mgd
8.9 pCi/i
4
1388 feet
1019 gprn, 1.467 irigd
7.8 pCi/i
5
1454 feet
935 gpm, 1.346 ingd
6.9 pCi/i
6
1471 feet
1032 gpm, 1.486 mgd
9.7 pCi/l
7
290 feet
465 gpm, 0.669 mgd
4.0 pCi/l
8
210 feet
763 gpm, 1.100 mgd
3.5 pCi/l
9
1479 feet
1215 gpm, 1.749 ingd
8.7 pCi/l
10
1570 feet
810 gpm, 1.166 mgd
9.5 pCi/l
Well No. 8 is used on a standby basis only, due to its high iron
content (2.8 xng/l).
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The City was first advised of the high radium content in its
water supply in September, 1984. The Agency reported that
analysis of the composite of four consecutive quarterly samples
from the City’s distribution system indicated that the radium—226
content was 3.7 pCi/i and the radium—228 content was 4.2 pCi/i.
(The City advises that this 7.9 pCi/l reading was obtained at a
time when Well No. 8 was not being operated, and that if its
pumping capacity were to be included the reading would be 7.4
pCi/i..) By letter of October 4, 1986, the Agency advised the
City that it was being placed on restricted status, with the
result that no permits for water main extensions can be issued.
The City has been a member of the DuPage Water Commission
(Commission) since its inception in 1980—81, with the goal of
replacing its well water supply with Lake Michigan water. The
Commission is in the final stages of negotiating a water
purchases and sale contract which provides for construction of a
county—wide transmission and distribution system costing in
excess of $350,000,000. Delivery of Lake Michigan water is
expected to begin in 1991, at which time the City intends to
abandon most of its deep wells, and to use the balance of the
deep wells as well as the shallow wells only in extreme
emergencies, such as severe interruption of lake water supplies
or firefighting requirements. The City estimates that the costs
it will incur pursuant to contract with the Commission will be
$16,000,000 over a 19—year period.
In order to bring its water system into compliance prior to
its receipt of Lake Michigan water, the City would be required to
finance and c9nstruct multi—million dollar improvements to its
existing system which would be abandoned once transmission of
Lake Michigan Water begins.
The City asserts that compliance through blending is not
feasible. The City’s two shallow wells are the only wells whose
radium content complies with the standard. Well No. 7, which has
a 4.0 pCi/l radium content, produces little more than 7 of the
average annual pumpage. If one includes the pumping capacity of
the high iron Well No. 8, which has a 3.5 pCi/l radium content,
the shallow wells are able to provide 16 of the City’s water
needs.
The City’s six wells have an average radium content of 8.58
pCi/i, and account for 93 or 84 of the City’s water, depending
on whether Well No. 8 is included. With such a substantially
high percentage of the system’s water having an average combined
radium level of 8.58 pCi/i and a small percentage having levels
of 3.5 pCi/i, the City asserts that it is not possible to achieve
compliance by blending water from existing wells. As to possible
new shallow water sources to be used in blending, based on the
City’s last attempts to drill test holes and an opinion offered
by the State Water Survey, it is the City’s belief that there is
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little likelihood of locating an aquifer which would yield water
of sufficient quantity and quality to be used for blending..
However, even assuming that additional water sources could
be located, the nature of the existing system is such that
blending could be performed only after major system
modifications. The City’s existing water supply distribution
system has no central treatment plant. The distribution system
is capable of transmitting the water from one deep well and
shallow Wells No. 7 and No. 8 to existing water storage
reservoirs for blending. However, four of the City’s deep wells
discharge directly to the distribution system. These wells
represent 61 of the average annual pumpage of the system.
Installation of transmission mains to divert these flows to a
central point or points would cost approximately $3.6 million.
The City therefore asserts that there is only one method by
which it could achieve compliance. This would be by installation
of treatment facilities which would employ either the lime
softening or ion exchange method of water softening. Use of
either of these methods concentrates radium in the sludge,
causing waste disposal and handling difficulties; the ion
exchange method also concentrates sodium in the finished water,
which can pose health risks to persons with hypertension or heart
problems.
Because it has no central treatment plant, the City believes
it would be necessary to construct three separate treatment
plants, at a total capital cost in excess of $6.7 million. This
wouid amount to a per capita cost of $154, based on a population
of 44,200. The anticipated increase in water bills for the
average residential customer would be $60 per month for ten years
to finance the capital cost, and $3 per month for as long as the
system operates to cover increased operating, maintenance, and
sludge disposal costs. The City notes that in assessing the
reasonability of these costs that, assuming an 18 month
construction period, that the softening systems will be operated
for about three years only, so that the cost per year is over $2
million. The City also notes that this $6.71 million cost is
additional to the $16 million incurred pursuant to contract with
the Commission, as well as costs of retirement of approximately
$5.4 million and $1.3 million outstanding general obligation and
revenue bonds.
Particularly given its long term and substantial monetary
commitment to obtaining Lake Michigan water, the City believes
that to require immediate compliance would impose an arbitrary or
unreasonable hardship. It also notes that by virtue of its
inability to receive permits for water main extensions, that
development has been forestalled which would generate revenue to
assist in financing the Lake Michigan water project. The City
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currently foresees the need to extend water mains to service the
following new users:
1. “Public Storage Subdivision to be located on County
Line Road in Elmhurst, Illinois, consisting of a 6—
acre development for an 800 unit storage facility
with an estimated construction cost of $1.8
million. It is estimated that this development
will employ 2 persons and serve BOO customers.
There would be 1 service connection. As part of
this project, the developer will be required to
install a 1,200 foot, 12 inch main extension to
provide service to the facility as well as to
connect this extension to an existing main, thereby
providing a loop. This loop will provide better
quality water to this project and other users,
provide for increased fire flow and make water
service available to other potential users.
2. Butterfield Exchange to be located at 384
Butterfield Road, Elmhurst, Illinois consisting of
a 16—acre office/research project of 480,000 square
feet with an estimated construction cost of $25
million. It is estimated that businesses locating
in this development will employ nearly 2,000
people. There would be one service connection;
however, the developer will be required to install
a water main extension to provide a loop, improving
water quality and providing for increased fire flow
and thus more effective fire protection.
3. On the City’s northeast boundary, and adjacent to
the Public Storage Subdivision project noted in
paragraph 1 above, lies a vacant 30—acre tract
known as Maywood Sportsman Park. The extension of
the water main contemplated as part of the Public
Storage Subdivision project would make water
service available to this site, the likely zoning
of which is office/industrial. It is unknown at
present how many service connections and how much
employment
development
of
this
parcel
would
generate.
Without
the
availability
of water
service
it is unlikely this parcel will develop as
no other water source is available to the City’s
knowledge.
4. Within the City’s boundaries in its northeast
quadrant, exists a 20—acre vacant tract which is
expected to develop in the next five years. This
tract has 12—acres of buildable area, all of which
is zoned office/industrial. The extension of the
water main contemplated as part of the Public
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Storage Subdivision project would make water
service available to this tract, encouraging its
development. It is unknown at present how many
service
connections
and
how
much
employment
development of this tract would generate..
Agents
for the owners of this
property
realize
the
importance of obtaining the variance requested in
the Petition and have been in regular contact with
the City as to the status of the variance request.
5. Parcels totalling 250 acres lie south of and
adjacent to the City’s boundaries. That part of
this area with frontage on Roosevelt Road (Ill.
Route 38) is suitable for office or multiple family
use. Approximately 5,300 feet of water main would
be required to provide water service to this
area. The number of service connections is unknown
at this time. At least one major property owner in
this area has expressed interest in annexation.”
Finally, as to the environmental and health effects of its
request, the City asserts that it believes that grant of variance
will impose no significant health risk to persons who will
receive water from the new service connections during the term of
this variance before replacement of the well water by Lake
Michigan water. In support of this belief, the City has referred
to the Board to the testimony and exhibits presented by Dr.
Richard E. Toohey, Ph.D and Dr. James Stebbings, Ph.D., both of
Argonne National Laboratory, at the hearing held on July 30 and
August 2, 1985 in R85—l4, Proposed Amendments to Public Water
Supply Regulations, 35 Ill. Adm. Code at 602.105 and 602.106.
In its Recommendation, the Agency does not dispute the
City’s various assertions. The Agency believes that while
radiation at any level create some risk, the risk associated with
the 7,9 pCi/i level in petitioner’s water is low. The Agency
further 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, and
the likelihood of compliance with the combined
radium standard due to obtaining Lake Michigan
water, the Agency concludes that denial of a
variance from the effects of Restricted Status
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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. Grant of variance may also,
in the interim, lessen exposure for that portion of
the population which will be consuming more
effectively blended water. In so saying, the
Agency emphasizes that it continues to place a high
priority on compliance with the radium standards.”
For these reasons, the Agency recommends grant of a five year
variance, subject to conditions.
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. The Board agrees with the
Agency that no significant health risk will be incurred by the
persons who are served by any new water main extensions during
the limited time before the deep well water is replaced by Lake
Michigan water. The Board will accordingly grant a five year
variance, subject to conditions similar to those outlined by the
Agency.
This Opinion constitutes the Board’s findings of fact and
conclusions of law in this matter.
ORDER
1. Petitioner, the City of Elmhurst, is hereby granted a
variance from 35 Ill. Adm. Code 602.105(a) Standards of
Issuance, and 602.106(b) (Restricted Status) but only as they
relate to the 5 pCi/i combined radium—226, radium—228
standard of 35 Ill. Adin. Code 604.301(a), subject to the
following conditions:
A) This variance expires on February 5, 1992 or at such
earlier time as the City receives transmission of Lake
Michigan water and ceases regular use of its existing
well water supply system;
B) Petitioner shall continue in efforts to obtain Lake
Michigan water through the DuPage Water Commission;
C) Petitioner shall report to the Agency 2 years prior to
the expiration of this variance as to the status of
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obtaining Lake Michigan water before this variance
expires. If it reasonably appears that Petitioner will
not obtain Lake Michigan water prior to said expiration,
Petitioner shall apply to IEPA for all necessary permits
for the construction of treatment facilities at that
time and shall install said facilities and have them
operational prior to said expiration;
D)
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, shall composite and shall analyze
them annually by a laboratory certified by the State of
Illinois for radiological analysis so as to determine
the concentration of radiurn—226 and radiurn—228. The
results of the analyses shall be reported to the Water
Quality Unit, Division of Public Water Supplies, 2200
Churchill Road, IEPA, Springfield, Illinois 62706,
within 30 days of receipt of each analysis. 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;
E) Compliance shall be achieved with the maximum allowable
concentration in question no later than five years from
grant of this variance;
F)
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 is not in compliance with the combined
radium—226, radium—228 standard, and that Petitioner has
been granted by the Pollution Control Board a variance
from 35 Ill. Adm. Code 602.105(a) Standards of Issuance
and 35 Ill. Adrn. Code 602.106(b) Restricted Status, as
it relates to the combined radium standard. The notice
shall state the average combined radium in samples taken
since that the last notice period during which samples
were taken;
G) That Petitioner shall take all reasonable measures with
its existing equipment to minimize the level of radium
in its finished water;
H) The Petitioner shall provide written progress reports to
IEPA, DPWS, FOS every six months concerning steps taken
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to comply with paragraph B and G. Progress reports
shall quote each of the above paragraphs and immediately
below each paragraph 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.. Wiemerslage,
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.
I, (We),
________________________,
having read the Order of
the Illinois Pollution Control Board in PCB 86—157, dated
February 19, 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.
J. D. Dumelle and B. Forcade dissented..
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certif at the above, pinion and Order was
adopted on the
/ ‘~
day of __________________________, 1987
by a vote of
___________________.
~
~
borothy M. G~1nn, Clerk
Illinois Pollution Control Board
76-35