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).
    76-28

    —2—
    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
    76-29

    —3—
    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
    76-30

    —4—
    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
    76-31

    —5—
    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
    76-32

    —6—
    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
    76-33

    —7—
    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
    76-34

    —8—
    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

    Back to top