ILLINOIS POLLUTION CONTROL BOARD
    January 8, 1987
    CITY OF MORRIS,
    )
    Petitioner,
    v.
    )
    PCB 86—125
    ILLINOIS ENVIRONMENTAL PROTECTION
    )
    AGENCY,
    Respondent.
    MESSRS.
    FR~NRJ. BLACK
    OF
    BLACK
    & BLACK AND GERALD W. SHEA AND
    IRA A.
    ROGAL OF SHEA, ROGAL & ASSOCIATES, LTD. APPEARED ON BEHALF
    OF THE PETITIONER.
    MR.
    WAYNE L. WIEMERSLAGE
    APPEARED ON BEHALF OF THE RESPONDENT.
    OPINION AND ORDER OF THE BOARD (by ~J.Marlin):
    This matter comes before the Board upon an August 18, 1986
    petition for variance from restricted status filed by the City of
    Morris (Morris). Morris is requesting a variance for a period of
    three years from 35 Ill. Adni. Code 602.105(a), Standards for
    Issuance, and from 35 Ill. Adni. Code 602.106(b), Restricted
    Status, but only to the extent that those rules involve 35 Ill.
    Adm. Code 604.301(a) (combined radium—226 and radium—228 levels)
    and (b) (gross alpha particle activity). On August 28, 1986, the
    Board issued an Order which cited deficiencies in Morris’
    Petition for Variance. The Board received written objections
    from citizens opposing this proposed variance on September 8.
    Morris filed with the Board its First Amended Petition (Am. Pet.)
    on September 17. The Board by its Order of September 25, 1986
    accepted this matter for hearing. On November 6, 1986, the Board
    granted the Illinois Environmental Protection Agency’s (Agency)
    Motion to File Agency Recommendation Instanter. In the Agency
    Recommendation (Ag. Rec.), the Agency recommended that Morris be
    granted this variance subject to certain conditions. The hearing
    on this matter was held on November 13, 1986 in Morris, Illinois;
    members of the public were present.
    Morris is located in Grundy County, Illinois. Morris owns
    and operates a public water supply and distribution system. This
    includes three deep wells, pumps, and distribution facilities.
    (Am. Pet.
    p. 7).
    The depths, ages, production, and location of the Morris
    wells are as follows:
    74-390

    2
    Placed
    Gallons
    Well No. Depth
    in Operation Per Minute Location
    3
    865 ft.
    1915
    950
    Wauponsee &
    Main Street
    4
    1501
    ft.
    1938
    560
    West Washington St
    5
    1462 ft.
    1954
    1000
    Gould Park Drive
    (Am. Pet. p. 7)
    Morris presently aerates its water to remove hydrogen
    sulfide and reduce the iron content. (R. 42). In addition,
    Morris adds chlorine, to disinfect the water, and also fluoride.
    (Am. Pet.
    p. 6).
    Morris’ potable water supply and distribution system serves
    3,600 residential commercial and light industrial users. Morris
    has a resident population of approximately 9,500 (Am. Pet. p.
    10).
    Morris states that it was first informed of the combined
    radiuni—226 and radium—228 level exceedance of the maximum
    allowable concentration (MAC) by an Agency letter dated October
    4, 1985. The MAC for combined radium is 5.0 pCi/l. The Agency
    report indicated that Morris’ combined radium concentration was
    10.4 pCi/l. Morris also states that it was first informed of the
    gross alpha particle activity exceedance by an Agency letter
    dated May 5, 1986. The MAC for gross alpha particle activity
    (including radium but excluding radon and uranium) is 15 pCi/l.
    The Agency reported Morris’ gross alpha particle
    activity at
    25 *
    4 pCi/i. The Agency data was based upon four consecutive
    quarterly samples. (Am. Pet. p. 8).
    Morris is requesting this variance to allow extensions of
    its public water supply system. If this variance is granted,
    Morris states that it expects to extend its water mains to serve
    two new residential subdivisions. The Tanglewood Subdivision,
    which would consist of 18 single family residences and 24
    multiple family residences, is expected to have a population of
    lii people. The Trend Builders Subdivision, First Addition would
    contain 30 single family residences with an anticipated total
    population of 90 people.
    (Am.
    Pet. p. 7). According to Morris,
    these subdivisions have already been approved by Morris and are
    ready for construction. (R.44—45.). Morris also stated that there
    is a proposal for a retirement village which would consist of 200
    dwelling units as well as a 120 bed nursing home. However,
    Morris asserts that the construction on the retirement village
    would not likely be completed within three years. (R. 51—52).
    Morris stated that it issued a record high number of building
    permits in the year 1985 “indicating that there is a high level
    of building activity and a need to extend watermain sic to
    serve these needs.” (Am. Pet. p. 15).
    74-391

    3
    As its compliance plan, Morris has proposed the construction
    of an ion exchange water softening system. After the
    installation of this system, Morris estimates that its treated
    water would have a combined radium—226 and radium—228 level of
    4.5 p01/1. After treatment, Morris also expects that its water
    will also have a gross alpha particle activity level of ii pCi/i.
    (Am. Pet. p. 10). Morris anticipates that the financing, plans,
    and specification of the treatment facilities would be completed
    within 24 months of the granting of a variance. According to
    Morris, actual construction of the facility would take
    approximately 36 months from the date of a variance grant. The
    estimated cost for the treatment facility is $800,000. (Am. Pet.
    p. 9). Morris has calculated that the cost of these
    improvements, including financing costs, will raise a user’s
    monthly water bills by $2.43 for the next 15 years. In addition,
    the operation cost of the new treatment system will increase the
    user’s monthly bill by $1.50 for as long as the treatment
    facility is operated. (Am. Pet. p. 10).
    Morris has had its wells tested to determine whether
    blending water from the wells in various amounts would
    effectively lower the combined radium and gross alpha particle
    activity levels below the respective MAC’S. A civil engineer
    testified for Morris that this alternative was not possible
    because the three wells had approximately the same levels of
    concentration for each contaminant. (R. 46). He also stated that
    a lime softening process was not selected as a treatment method
    since the initial construction and operating costs of such a
    system were significantly higher than an ion exchange process.
    In addition, he asserted that there are problems associated with
    the disposal of the lime sludge generated by this process. (R.
    50—51). In its recommendation, the Agency stated that an ion
    exchange water softening system would remove more than 90 of the
    radium. According to the Agency, the use of such a system would
    increase the sodium content of the drinking water which in turn
    might be a potential problem for persons who are hypertensive or
    who have heart problems. (Ag. Rec. p. 8).
    Morris did not conduct a formal assessment of the effect of
    this variance upon the environment. However, Morris refers the
    Board to and incorporates by reference the testimony and exhibits
    presented by Richard E. Toohey, Ph.D. and James Stebbings, Ph.D.,
    both of Argonne National Laboratory, on July 30 and August 2,
    1985 in R85—i4, Proposed Amendments to Public Water Supply
    Regulations 35 Ill. Adni. Code 602.105 and 602.106. (Am. Pet. p.
    11).
    In addition, Dr. Toohey testified for Morris at the Board
    hearing in this matter. (R. 8—38). He stated that he believes
    that the radium levels in Morris’ water are “perfectly safe” (R.
    11). He also testified that drinking “Morris water at 10
    picoCuries to the liter, two liters a day for a year gives
    somebody about the same radiation dose as they would get from,
    say, one chest X—ray or other medical procedure.” (R. 12). In
    74-392

    4
    addition, he claimed that risk of contracting cancer from smoking
    1.4 cigarettes in a lifetime would be greater than the risk due
    to radium in the water. (R. 14).
    Toohey also stated that there is reliable human data on the
    effect of radium on people (R. 19). According to Toohey, Argonne
    National Laboratory formed a study group in 1969 which combined
    three previous studies of case histories of radium dial
    painters. The study represents the exposure to varying amounts
    of radium of over 6,000 people (R. 22). Actual radium body
    content levels have been measured in 2,400 of those people (B.
    23). Toohey testified that there are two types of cancer that
    “have been observed to be induced by radium.” The first is bone
    cancer. The second type is a head cancer. Toohey stated that
    radium—related tumors were observed in 89 people of the 2,400.
    The remaining number of the group of 2,400 did not show any
    “excess mortality from any cause.” (R. 24). Toohey explained
    that the case with lowest radium intake which still resulted in
    cancer was that of a boy who had received radium as part of a
    medical treatment at age 7 or 8. Fifty or sixty years later,
    that person developed a head cancer which proved fatal. The
    radium intake for this case was 9 n~icroCuries, which is
    equivalent to 9 million picoCuries. (R. 25). The next lowest
    intake case that developed a cancer had an intake of 50
    microCuries, or 50 million picocuries. (R. 26).
    Toohey stated that the U.S. Environmental Protection Agency
    (U.S.EPA) model, which was used to set the 5 pCi/l standard, is
    not supported by observed data from actual radium exposure cases.
    (R. 28). Toohey explained that actual case histories indicate
    that “a)s the radium intake goes up, the age at which bone
    cancer appears decreases...However, as radium intake goes down,
    the age at which cancer appears goes up.” In the second
    situation, Toohey claims one may have to live beyond his or her
    normal lifespan before contracting cancer. (B. 29—30). From such
    data, Toohey concludes that the practical threshold for radium
    intake, above which cancer may be induced, is 9 microCuries. (B.
    31). Toohey claims that to reach this threshold amount “one
    would have to be drinking water at the rate of 2 liters or about
    2 quarts a day containing 5 picoCuries radium per liter for a bit
    more than 12,000 years.” (R. ii). Toohey concluded that even
    using U.S.EPA model developed in 1986, there was a “0.07 percent
    chance of an extra cancer occurring in the additional people,”
    added by the new subdivisions, if this variance was granted.
    Under an Argonne National Laboratory model, that statistic was
    calculated at 0.02 percent. (R. 34).
    In its recommendation, favoring the granting of a three year
    variance, the Agency concluded that “an incremental increase in
    the allowable concentration for the contaminant in question even
    up to a maximum of four times the level of the maximum allowable
    concentration (MAC) for the contaminants in question, should
    cause no significant health risk for the limited population
    served by new water main extensions for the time period of this
    74-393

    5
    recommended variance.” (Ag. Rec. p. 7). The Agency further
    stated that the “denial of the recommended variance would be an
    arbitrary and unreasonable hardship” to Morris. (Ag. Rec. p. 9).
    Morris has proposed a compliance plan of designing,
    financing, and constructing an ion exchange softener system.
    Once this treatment facility is constructed, Morris expects to be
    in compliance with the MAC’s for combined radium—226 and radium—
    228 as well as gross alpha particle activity. Morris states that
    this treatment facility can be constructed in three years. If
    this variance is denied, Morris will not be able to extend its
    water mains to serve new developments. Morris claims that such a
    denial would hurt “prospective home purchasers as well as
    business developers and Petitioner’s tax base.” (R. 14).
    Considering the environmental impact and Morris’ situation in
    total, the Board finds that denying this variance would
    constitute an arbitrary or unreasonable hardship. Consequently,
    the Board hereby grants Morris a variance for 3 years subject to
    conditions set forth in the Order.
    The Board also notes that the U.S.EPA has challenged several
    Board issued variances from the radiological standards as being
    inconsistent with the state’s obligation under the Safe Drinking
    Water Act. However, the variance requested here is solely from
    the state regulations establishing the restricted status
    mechanism and not from the national primary drinking water
    regulations. Consequently, this variance will not insulate
    Morris from the possibility of enforcement for violations of the
    underlying radiological standards.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    The City of Morris is hereby granted a variance from 35 Iii.
    Adm. Code 602.105(a), Standards of Issuance, and 602.106(b),
    Restricted Status, as these rules relate to exceedances from the
    combined radiuin-226 and radium—228 limitation of 35 Ill. Adm.
    Code 604.301(a) and the gross alpha particle limitation of
    604.301(b) subject to the following restrictions.
    1) That this variance expires on January 8, 1990.
    2) 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 the contaminants in question. The
    results of the analyses shall be reported to the Water
    74-394

    6
    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.
    3) Compliance shall be achieved with the maximum allowable
    concentrations in question no later than three years
    from grant of this variance.
    4)
    Within three months of the grant of the variance, the
    Petitioner shall secure professional assistance (either
    from present staff or an outside consultant) for
    planning the construction of an ion exchange water
    softening system.
    5) Within four months of the grant of variance, evidence
    that such professional assistance has been secured shall
    be submitted to the Agency’s Division of Public Water
    Supplies, FOE, at 2200 Churchill Road, Springfield,
    Illinois 62706.
    6) Financing and plans and specifications for the ion
    exchange water softening system shall be completed
    within 24 months of grant of this variance.
    7) Within 24 months after said time 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 standards in question.
    8)
    Within three months after each construction permit is
    issued by IEPA, DPWS, Petitioner shall advertise for
    bids from contractors to do the
    necessary work described
    in the construction permit
    and shall accept appropriate
    bids within a reasonable time.
    9)
    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 30 months from the grant of
    this variance and shall be completed no later than 36
    months from the grant of this variance.
    10) 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
    74-395

    7
    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. Adm. Code
    602.105(a) Standards of Issuance and 35 Ill. Adm. Code
    602.106(b) Restricted Status, as it relates to the MAC
    standard in question.
    11) 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 Petitioner is not in compliance with the standard
    in question. The notice shall state the average content
    of the contaminant in question in samples taken since
    the last notice period during which samples were taken.
    12) That Petitioner shall take all reasonable measures with
    its existing equipment to minimize the level of
    contaminant in question in its finished water.
    13) That within forty—five days of the date of this Order,
    Petitioner shall execute and forward to Wayne
    Wiexnerslage, 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. The form of the said Certificate shall be as
    follows:
    CERTIF ICATION
    The City of Morris has received and understands the Order of the
    Illinois Pollution Control Board in PCB 86—125, adopted on
    January 8, 1987, and hereby accepts said Order and agrees to be
    bound to all of the terms and conditions thereof.
    By
    Title
    Date
    IT IS SO ORDERED.
    B. Forcade and J. Dumelle dissented.
    74-396

    8
    I, Dorothy 11. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Opinion and Order was
    adopted on the
    ~
    day of
    ________________,
    1987, by a vote
    of _______________________
    Dorothy M./Gunn, Clerk
    Illinois Pollution Control Board
    74.397

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