ILLINOIS POLLUTION CONTROL BOARD
    August 14, 1986
    LAKE COUNTY PUBLIC WORKS DEPARTMENT,
    )
    WILDWOOD SUBDIVISION WATER
    )
    SUPPLY SYSTEM,
    Petitioner,
    v.
    )
    PCB 86—75
    ILLINOIS ENVIRONMENTAL PROTECTION
    )
    AGENCY,
    Respondent.
    JOHN DAVID KOENEN, ASSISTANT STATE’S ATTORNEY, APPEARED ON BEHALF
    OF PETITIONER; and
    PETER ORLINSKY APPEARED ON BEHALF OF RESPONDENT.
    OPINION AND ORDER OF THE BOARD (by J. Anderson):
    This matter comes before the Board on a May 23, 1986
    petition for variance filed by the Lake County Department of
    Public Works (County). The County seeks variance for one of 15
    water supplies, that supply which serves the Wildwood subdivision
    (Wildwood). The County requests a five—year variance from 35
    Ill. Adxn. Code 602.105(a) “Standards for Issuance” and from 35
    Ill. Adm. Code 602.106(b) “Restricted Status”, to the extent
    these rules relate to the 5
    pCi/i
    standard for combined radium—
    226 and radium—228 contained in 35 Ill. Adm. Code 604.301(a). On
    July 1,
    1986 the Illinois Environmental Protection Agency
    (Agency) filed a Recommendation in support of variance, subject
    to conditions. Hearing was ordered by the Board and held on July
    17,
    1986, at which the County presented testimony by Martin A.
    Galantha, superintendant
    of
    the County’s Department of Public
    Works. About 10 citizens attended and a few asked questions and
    indicated support of grant of variance.
    The Wildwood Subdivision is located in an unincorporated
    area of Lake County which more or less surrounds Gages Lake, and
    is roughly bound by Route
    120 on the south, Hunt Club Road on the
    east, Wash’ington Street on the north, and Route
    45
    on the west.
    The Wildwood public water supply
    serves
    the needs of the area’s
    8,000 residents, as well as those of commercial, industrial and
    other users, including the College of Lake County and the Area
    Vocational School.
    72-39

    —2—
    The average daily pumpage for the water system is
    approximately 626,400 gallons per day (gpd). Five wells
    currently supply these water needs; two are deep wells
    constructed in 1951 and 1970 (Well 2 and Well 4) and three are
    shallow wells constructed in 1959, 1986 and 1986 (Well 3, Well 5
    and Well 6). An additional deep well, Well 7 has recently been
    put in operation.
    Variance had previously been granted to the County in Lake
    County Department of Public Works v. IEPA, PCB 82—29, November
    12, 1982. That variance related to exceedance not of theradium
    standard, which is the subject of this petition, but of the gross
    alpha particle activity standard. A one year variance was
    granted, subject to conditions, to allow the continued operation
    of the only wells then operational, deep wells 2 and 4 and
    shallow well 3. Subsequent testing (four consecutive quarters)
    showed that the system was in compliance with the gross alpha
    particle activity standard during the life of that variance.
    However, by letter of October 4, 1985, the County was
    notified by the Agency that a composite sample (composite of
    what, the Agency did not specify) indicated that the water supply
    was in violation of the 5.0 pCi/i combined radium standard, as
    sampling results indicated radium—226 levels of 5.5 pCi/l and
    radium—228 levels of less than 1.0 pCi/1.*
    Immediately thereafter, the County caused water samples to
    be collected from each well for independent analysis. The
    sampling results, in addition to other pertinent information
    about each well, are reflected in Table 1:
    Average Ra—226
    Ra—228
    Depth pumpage Level
    Level
    Well in feet in gpd in pCi/i
    in pCi/l
    Other
    2
    1845 135,300 6.5±0.1 5.2±1.2
    not currently in service
    3
    173
    68,000 1.2±0.1 less than 0.8(sic)
    4
    1320 324,100 0.1±0.1 3.1±0.9
    5
    152
    50,000 0.1±0.1 less than 0.8(sic)
    6
    158
    50,000 0.1±0.1 less than 0.8(sic)
    7 **(deep well)
    **
    **
    **
    **
    No comparative data was provided for Well 7. Testimony stated
    that Well 7 “slightly exceeds the standard”, and that over 70 of the
    average daily demand of 626,600 gallons is supplied by deep wells,
    currently primarily Wells 4 and 7 (see R. 12,13,19). The water is
    distributed through a “random network of piping” with some wells
    pumping directly to the distribution system (R. 13).
    *
    This record indicates that gross alpha testing in Wildwood’s
    water system was discontinued subsequent to the earlier showing
    of compliance (R. 29).
    72-40

    —3—
    As a result of Wildwood’s excursion of the 5.0 combined
    radium standard, the water supply system has been placed on
    restricted status. This prohibits the Agency from issuing
    permits for water main extensions for the following proposed and
    pending developmental projects within Wildwood: a) Woodland
    Hills
    a development of townhomnes, consisting of 180 units of
    attached single family residences, b) Woodland Meadows
    120
    units of detached single family residences, c) Mariner’s Cove
    110 units of detached single family residences, d) County Squire
    Village
    250 units of multi—family apartments in conjunction
    with commercial development, e) Dooley/Towne Development
    140
    units of townhomes, f) Tomessen Development
    110 units of
    townhomes.
    The County has investigated various compliance options,
    including a) treatment of its water by either the lime softening
    method, the reverse osmosis method, or the ion—exchange softening
    method, b) blending, and
    C)
    use of its Lake Michigan
    allocation. As to the various treatment methods, the County has
    provided no capital or operation and maintenance costs, but
    asserts that these methods are undesirable because of expense
    (particularly because the nature of the system is such that
    treatment facilities’ would be required to be placed at more than
    one well rather than at a central location), and because these
    methods produce a radioactive sludge, disposal of which is
    difficult and costly.
    The blending option has also been rejected by the County.
    This option was the subject of considerable analysis by the
    Agency in its Recommendation; it is the Agency’s opinion that
    blending is not a practicable solution. The County has not
    provided, either in the petition or at hearing, a concise and
    detailed description of its distribution system, which handicaps
    the Board’s understanding of this situation. However, Wells 5
    and 6 are located at one site, Wells 3 and 7 and a elevated water
    tank are located at another site geographically distant from
    Wells 5 and 6, and Wells 2 and 4 are located at two separate
    sites located between the other two sites. Some wells
    (unspecified) pump directly into the distribution system, and
    others pump into the elevated water tank (R. 13). The level of
    water in the tank is contingent on the demand of the system; as
    the pressure in the distribution system drops the level of water
    in the tank drops, causing the pump(s) to turn on automatically
    to restore the water level in the tank and hence the water
    pressure in the system (Rec., p. 6—7).
    The Agency does not believe that blending of Wells 5, 6 and
    7 in the tank is feasible, “because the total pumpage capacity of
    these three wells is not adequate to meet system demands, and
    the elevated tank should not be taken out of service because this
    volume of water 120,000 gallons should always be available so
    72-41

    —4—
    as to maintain distribution system pressures and for emergencies
    such as fire protection”. (Rec. p. 8)
    The Agency states that it would also be possible to blend
    Wells 3 and 7 through existing tanks at the elevated tank site,
    while allowing Wells 4,5 and 6 to pump directly into the
    distribution system. While this alternative could provide
    sufficient water to meet Wildwood’s current average and peak
    demands, the Agency stated that it had insufficient information
    to assess whether this method would provide sufficient water to
    satisfy the peak hourly demand once all of the 910 units of
    proposed development is hooked on to the system (Rec. p. 8).
    The County’s preferred compliance option is utilization of
    the Lake Michigan water allocation granted to it in 1981.
    Pursuant to this allocation, in 1982, the County entered into an
    agreement with Gurnee, Graysiake, Libertyville, Lake Bluff,
    Vernon Hills and Mundelein (which has since withdrawn)
    establishing the Central Lake County Water Supply Committee
    (Committee). Since that time, the Committee, to which the County
    has contributed approximately $20,000, has retained various
    consultants to investigate various engineering and funding
    options associated with utilization of each entity’s Lake
    Michigan allocation. The County has provided no estimate as to
    when the Committee, or any entity formed as a result of the
    Committee’s activities, might actually be delivering finished
    water. (The Board notes that the November, 1986 start—up date
    projected in the County’s petition in PCB 82—29 is clearly
    incapable of being met.) The County also states that,
    independent of Committee activities, the County, Gurnee, Wildwood
    and Grayslake have begun discussions with Waukegan and the public
    water district in Zion concerning the possibilities of
    purchasing water on a short—term basis, but no details
    concerning these discussions have been provided (R. 30).
    The County asserts that denial of variance would impose an
    arbitrary or unreasonable hardship. The County believes that
    grant of variance will not be harmful to the residents of
    Wildwood. While no formal assessment of health effects was
    presented by the County in the petition or at hearing, the County
    relies upon and incorporates testimony presented by Richard E.
    Toohey, Ph.D and James Stebbings, Ph.D, both of the Argonne
    National Laboratory, in the R85—l4 regulatory proceeding, as well
    as a statement of the Agency’s Dorothy L. Bennett, attached to
    the petition as Exhibit 5.
    By contrast, the County believes that denial of variance
    would have a large and adverse effect on the Wildwood area. In
    addition to any other economic effects of the halting of new
    development, the County asserts that as an “enterprise funder
    utility”, it is dependent on user fees for funds to maintain and
    upgrade its system. As capital costs to deliver Lake Michigan
    72-42

    —5—
    water (or to achieve compliance in some other fashion) can be
    extreme, the larger the base of consumer rate—payers is, the
    smaller the financial impact will be on each rate—payer.
    The Agency does not dispute the County’s various
    assertions. The Agency recommends grant of variance for five
    years, subject to conditions.
    Given Wildwood’s minimal excursion from the standard, its
    participation in Committee activities, and its economic
    assertions, the Board finds that denial of a short—term variance
    would impose an arbitrary or unreasonable hardship. The Board
    also notes that Well 2, which appears to be the primary cause of
    the noncompliance, has been out of service for several months
    and, when operating, was the last one used in sequence since the
    radium problem was discovered.
    However, the Board does not believe that this record
    supports the grant of a full five year variance. The information
    presented by the County is sketchy or vague in many respects.
    The County did not provide information at hearing, in response to
    the Agency’s Recommendation, to allow assessment of the
    possibility of blending waters from Well 7 at the elevated tank
    site and directly pumping from Wells 4,5 and 6 to the system, or
    whether peak hourly demand could be met; as earlier noted, there
    is no hard data presented concerning Well 7, or details
    concerning the distribution system. No projections have been
    made concerning when compliance might be achieved by using
    blending, the Lake Michigan allocation, buying from other
    communities, or any other option, and hard cost figures are non-
    existent.
    Under these circumstances, the Board believes that only a
    one—year variance is justified, which will allow the County to
    gather necessary information and to rationally assess interim as
    well as long—term compliance options, particularly in light of
    the “slippage” of the Committee’s timetable as reportedin the
    1982 variance petition. Meanwhile, this record does indicate
    that methods, possibly unsuitable for the long—term, can be used
    in the short—term to achieve compliance, or close to it, during
    the period in which longer term methods are selected and
    implemented. Specifically, the Board will condition this
    variance on the continued non—use, or restricted use, of Well 2
    and the blending/direct pumpage use of Wells 3,4,5,6 and 7, if
    feasible, as described in the Agency’s Recommendation (Agency
    Rec. 21), consistent with peak hourly demand needs.
    Variance is accordingly granted for one year subject to the
    conditions outlined below.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    72-43

    —6—
    ORDER
    1)
    Petitioner is granted a variance from 35 Ill. Adm. Code
    602.105(a) Standards of
    Issuance, and 602.106(b) (Restricted
    Status) but onl~’as they relate to the combined radium—226 and
    radium—228, subject to the following conditions:
    2. This variance expires, August 15, 1987, or when analysis
    pursuant to 35 Ill. Adm. Code 605.105(a) shows compliance with
    the combined radium standard, whichever first occurs.
    3. In consultation with the Agency, Petitioner shall
    continue its sampling program to determine as accurately as
    possible the level of radioactivity in each of its deep wells and
    finished water.
    a) During the term of this variance, Petitioner shall
    collect four quarterly samples of its water from its distttbution
    system, shall composite and shall analyze them by a laboratory
    certified by the State of Illinois for radiological analysis so
    as to determine the concentration of radium in its water. 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 four quarterly sample results shall be reported to the above
    address within 30 days of receipt of the result of time analysis
    of most recent quarterly sample.
    b) For Wells 2, 4 and 7, during the term of this
    variance, Petitioner shall collect quarterly samples from each
    well, and shall analyze them when collected by a certified
    laboratory as described in a) above, to determine the
    concentrations of radium-226 and radium—228 in each well. The
    results of these analyses, in addition to the average daily
    pumpage for each well, shall be reported to the Agency at the
    address in a) above, within 30 days of receipt of result of the
    analysis.
    4. Petitioner shall take all reasonable short—term measures
    to minimize the level of radium in its finished water.
    Specifically, Petitioner shall minimize its use of Well 2 to the
    maximum extent feasible. Within two months of this grant of
    variance, the Petitioner shall report to the Agency at the
    address in paragraph 3, above, its determination as to the
    feasibility of blending Wells 3 and 7, and allowing Wells 4,5 and
    6 to pump directly to the distribution system. If feasible, this
    system shall be initiated expeditiously as an interim measure and
    continued as long as peak hourly demand is satisfied.
    72-44

    —7—
    5. Within three months of the grant of the variance, if the
    blending program described in paragraph 4 above is not determined
    to be a feasible long—term compliance option,
    a) The Petitioner shall secure professional
    assistance (either from present staff or an
    outside consultant) in investigating long—term
    compliance options (including costs), and
    including the possibility and feasibility of
    achieving compliance by blending water from
    its shallow well(s) with that of its deep
    well(s) and with Lake Michigan water, or
    purchase of water from another source.
    b)
    Within seven months of the grant of
    the
    variance, the Petitioner shall have selected a
    compliance plan after investigating compliance
    methods, including those treatment techniques
    described in the Manual of Treatment
    Techniques for Meeting the Interim Primary
    Drinking Water Regulations, USEPA, May 1977,
    EPA—600/8—77—005, and have prepared a detailed
    Compliance Report showing how compliance shall
    be achieved with the shortest practicable
    time.
    c. This Compliance Report shall be submitted
    within nine months of the grant of this
    variance to IEPA, DPWS.
    6. Pursuant to 35 Ill. Adm. Code 606.201, in its first set
    of water bills or within three months after the date of this
    Variance 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.
    Adrn. Code 602.105(a) Standards of Issuance and 35 Ill. Adm. Code
    602.106(b) Restricted Status, as it relates to
    the combined
    radium—226 and radiurn—228 standard.
    7. 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 s~tandard in question. The notice shall state the
    average radium—226 and radium—228 content of samples taken since
    the last notice period during which samples were taken.
    8. That within forty—five days of the date of this Order,
    Petitioner shall execute and forward to Wayne Wiemerslage,
    Enforcement Programs, Illinois Environmental Protection Agency,
    72-45

    —8—
    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—75,
    dated August 14, 1986, understanding 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 certify that the above Opinion and Order was
    adopted on the
    /~/~
    day of
    _____________________,
    1986 by a
    vote of~~?_.
    Dorothy M. Gun’n, Clerk
    Illinois Pollution Control Board
    72-46

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