ILLINOIS POLLUTION CONTROL BOARD

August

18,

1983

LITTLE

SWAN

LAKE

SANITARY DISTRICT,

)

Petitioner

)

V.

)

PCB

83~74

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

Respondent.

OPINION AND

ORDER

OF

THE

BOARD

(by W,J. Nega):

This matter comes before the Board upon a June 6,

1983

petition for variance from 35

1110 Adm,

Code 604,202

(formerly

Rule 304(b)(4)

of Chapter

6:

Public

Water

Supplies) filed by the

Little Swan Lake Sanitary District (LSLSD)

to exceed the maximum

allowable concentration

for fluoride

in

finished water

in order

to use its present water supply without providing treatment for

the removal of fluoride,

A prior similar variance was granted to

LSLSD on May 25,

1978 in PCB 78-53.

The Illinois Environmental

Protection Agency

(Agency)

filed a Recommendation on July

26,

1983 which recommended that variance be granted.

No hearing has

been held in this matter

The

Petitioner~sexisting water supply system serves

a

present community of 300 people who live in permanent homes and

seasonal cabins on 100 lots surrounding Little Swan

~ake.

Since

there are 580

lots,

a greater population

is eventually anticipated~

Little Swan Lake, which has

a water surface area of approximately

250 acres,

is located about

4 miles west of the Village of

Avon

in Warren County, Illinois,

The Petititioner~scentralized water system draws from two

existing deep wells containing raw water.

Both wells are finished

to a depth slightly more than 600 feet in shale and

limestone.

The average level of fluoride at

the

south well

(Weil

#1)

is

2.66 rng/l.

The present capacity of Well #1 is approximately

30 gallons per minute

(gpm) and treatment will consist of aeration

to remove hydrogen sulfide and chlorination.

The average level

o~:

fluoride at the north well

(Well

#2)

is 3,0 mg/i.

The present.

capacity of Well

#2 is approximately 55 gpm and treatment will

consist only of chlorination,

(Pet,

1~2).

53-243

---

The

Petitioner alleges hardship based on an estimate of

$207,500.00

to

install

fluoride removal equipment and an

additional

$35,570.00 per year to operate and maintain this

equipment.

(See~

Exhibits

A

and

B).

This

figure

has

been

translated

into

an

additional

charge

to

users

of

$32.00

per

lot

per

month

which

is

substantially

:Ln

excess

of

the present

water

rate

in

addition

to

the

large

rate

increase

to

lot

owners

and

users,

special

assessment

bonds

for

20

years

at

9½

interest

would

he

necessitated

to

pay

for

the

installation

cost.

(See~

Exhibit

C).

The

Petitioner

has

also

indicated

that

it

is

in

financial

trouble

because

of

a

$60,000.00

debt

(including

$35,000.00

owed

to

a

contractor)

incurred

as

a

result

of

disputes

and

litigation

which

occurred

during

the

recent

completion

of

the

installation

of

the

centralized

water

system.

(Pet;.

2

)

Accordingly,

the

Petitioner

alleges

that

the

economic

burden

of

installing

fluoride

removal

equipment

is

unreasonable

because

:riegiigible

public

health

benefits

would

accrue;

the

cost

is

prohibitive;

the

LSLSD

has

other

heavy

debt

requirements;

the

rules

pertaining

to

fluoride

limits

in

drinking

water may be

changed

in

the future;

and further property development would he

curtailed

(thereby

reducing

existing

property

values),

(Pet.

3).

The Agency does not dispute the Petitioner~scost figures and

does

not

believe

that

public

health

will

be

endangered or

environmental inju~’incurred

if the Petitioner~svariance

request

is

granted.

(Rec.

3),

On

fIve

occasions

between

December

20,

1982

and

June

8,

:L9

83,

the

Agency

has

taken

water

samples

from

the

Petitioner

s

facilities.

The Aqencv~sanalyses revealed that the fluoride

concentrations in the finished water samples

ranged

between

2.54

rrtg/l

and

2.66

mgi.

(with

the

lowest

concentrations

being

found

in

the

most

recent

samples.

)

(Rec.

2)

The

Agency

notes

that,

althcuqh

the

requested

5

years

variance

will

extend

beyond

the

January

.1,

:L984

dead line

for

exemptions

under

Section

1416

of

the

Safe

Drinking

Water

Act,

the

petition

falls

in

line

with

recent

cases

.in

which

the

Board

has

granted

5

year

variances

to

municipalit:Les

with

1,000

users

or

less.

(Rec.

.3;

See:

Vil~~f

Parkersburg,

PCB

81—195,

March

4,

1982 and

~

PCB~I~Tfl, Dece~mber3,

1981),

Accordingly,

the

Agency

has

recommended

that

the

Board

grant

the

Petitioner~s

requested

variance,

subject

to

spec:Lfied

conditions.

Based

upon

these

facts,

the

Board

finds

that

denial

of

the

requested

variance

would

cause

an

arbitrary

or

unreasonable

hardship

upon

the

Petitioner

and

concludes

that

variance

should

be

granted

subject

to

the

conditions

recommended

by

the

Agency,

which

were

not

objected

to

by

the

Petitioner,

This

Opinion

constitutes

the

Board

s

findings

of

fact

and

conclusions

of

law

in

this

matter,

53-244

---

ORDER

The Little Swan Lake Sanitary District is hereby granted a

variance until August 18,

1988 from the 2.0 mg/i maximum allowable

concentration of fluoride in finished water limitation of

35 Ill.

Adm. Code 604.202 as it relates to the LSLSD public water

supply,

subject to the following conditions:

1.

Beginning on or about six months from entry of Order,

and at six month intervals thereafter, the Petitioner shall

communicate with the Agency in order to ascertain whether fluoride

removal techniques specifically applicable

to small systems

have

been developed and identified.

2.

As expeditiously after identification of a feasible

compliance method as

is practicable, but no later than January

1,

1984, Petitioner shall submit to the Agency a program

(with

increments of progress) for bringing its system into compliance

with fluoride standards.

3.

Pursuant to S606.201 of Subtitle

F,

on or before

November 18,

1983, or in its first set of water bills after the

date of this Order, whichever first occurs, 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

a variance from the 2.0 mg/i maximum fluoride standard by

the Pollution Control Board.

The notice

shall state the average

content of fluoride in samples taken since the last notice

period during which samples were taken,

4,

Within 45 days of the date of

this Order,

the Little Swan

Lake Sanitary District shall execute

a Certification of Acceptance

and Agreement to be bound to all terms and conditions of the variance.

Said Certification shall be submitted to the Agency at 2200 Churchill

Road, Springfield,

Illinois

62706.

The 45—day period shall be held

in abeyance during any period that this matter

is

being appealed.

CERTIFICATION

I,(We)

,

August 18,

Title

Date

—4--

IT

IS SO ORDERED,

I, Christan

L. Moffett, Clerk of the Illinois Pollution

Control

Board hereby ce~tifythat the ab ye Opinon and Order

was adopted or~the

~

day of

,

1983

by a vote of

~—O

Christan L. Mof e~tAClerk

Illinois Pollutith~control Board