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:
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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).
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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
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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
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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
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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
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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.
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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