ILLINOIS POLLUTION CONTROL BOARD
    February 16,
    1995
    VILLAGE OF CREVE COEUR,
    )
    )
    Petitioner,
    v.
    )
    PCB 94—229
    )
    (Water-Well Setback Exception)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    JULIAN
    CANNELL
    APPEARED
    ON
    BEHALF
    OF
    PETITIONER;
    CONNIE L. TONSOR APPEARED ON BEHALF OF RESPONDENT.
    OPINION AND ORDER OF THE BOARD
    (by R.C. Flemal):
    This matter comes before the Board upon a petition filed by
    the Village of Creve Coeur
    (Creve Coeur).
    Creve Coeur requests
    that it be granted an exception front the water-well setback
    requirements found at Section 14.2 of the Environmental
    Protection Act
    (Act)
    (415 ILCS
    5/1
    et seq.
    (1992)).
    Creve Coeur
    desires to construct a new sludge storage unit within the setback
    zones of three existing community water supply wells.
    Construction of this type is prohibited unless an exception has
    been granted by this Board.
    The Board’s authority in this matter arises from the Act.
    The Board is charged there with granting exception from the
    setback requirements where the Board finds that the petitioner
    has made several necessary showings.
    (415 ILCS 5/14.2(c).)
    The
    Illinois Environmental Protection Agency
    (Agency)
    is required to
    appear in hearings on petitions for exception.
    The Agency is
    also charged, among other matters, with the responsibility of
    investigating each petition for exception and making a
    recommendation to the Board as to the disposition of the
    petition.
    (35 Ill.
    Adin. Code 106.603.)
    The Agency filed its
    recommendation on November 14,
    1994.
    Hearing was held on January 16,
    1995 in Creve Coeur before
    hearing officer Stephen H. Gunning.
    Prior to hearing both Creve
    Coeur and the Agency provided pre—filed testimony.
    Creve Coeur
    filed the testimony of Daniel R. Good,
    P.E.,
    of Randolph and
    Associates,
    Inc.,
    engineering consultants to Creve Coeur.
    The
    Agency filed the testimony of William D. McMillan and Ukanno
    Foxworth, Agency technical personnel who participated in the

    —2—
    investigation of Creve Coeur’s petition.
    The three witnesses
    also appeared at hearing where they gave additional testimony1.
    Creve Coeur has requested expedited decision on this matter,
    which the Board grants by today’s action.
    As presented below, the Board finds that Creve Coeur has
    made the showings necessary for the grant of exception.
    Accordingly, the exception will be granted.
    BACKGROUND
    The Act at Section 14.2 sets out various provisions designed
    to protect groundwater from possible contamination.
    Among these
    provisions
    is the prescription of a setback zone around each
    existing community water supply well2.
    Within the setback zone
    no new potential source nor new potential route of groundwater
    contamination may be sited, unless an exception has been granted
    by this Board.
    (415 ILCS 5/14.2(c).)
    Creve Coeur owns and operates a public water supply plant.
    Located at the plant and at issue in this proceeding are three
    community water supply wells.
    The wells supply water from an
    unconfined aquifer, the Sankoty Sand.
    (McNillan at p.
    4..)
    Pursuant to Section 14.2(d)
    of the Act,
    a community water supply
    well deriving water from an unconfined aquifer is provided with a
    400-foot setback zone.
    In addition to its public water supply,
    Creve Coeur also
    owns and operates a publicly owned wastewater treatment works
    (POTW).
    The POTW is located on land adjacent to the three
    community water supply wells.
    Creve Coeur proposes to build a new sludge storage unit at
    the POTW.
    The sludge storage unit would be located in part at
    distances less than 400 feet from each of the three community
    water supply wells,
    and hence would be within the setback zones
    of the wells.
    1
    For purposes of citation herein, the pre-filed testimony
    is identified by the name of the witness (e.g.,
    “Good at p.”).
    The transcript of the hearing
    is cited to in the form t1Tr
    at p._-
    “.
    The Agency recommendation and Creve Coeur’s petition are
    cited to in the forms “Rec.
    at
    p._”
    and “Petition at
    ¶“,
    respectively.
    2
    It is uncontested that the wells at issue are community
    water supply wells as defined at Section 3.04 of the Act (415
    ILCS 5/3.04).

    —3—
    It is uncontested that a sludge storage unit is a potential
    primary source of groundwater contamination, as that term is
    defined at Section 3.59 of the Act
    (415 ILCS 5/3.59).
    As such,
    a
    new sludge storage unit may not be sited in a setback zones
    absent an exception granted by this Board.
    The Board must grant a requested exception when the Board
    finds that adequate proof has been presented “that compliance
    with the setback requirements
    .
    .
    .
    would pose an arbitrary and
    unreasonable hardship upon the petitioner, that the petitioner
    will utilize the best available technology controls economically
    achievable to minimize the likelihood of contamination of the
    potable water supply well, that the maximum feasible alternative
    setback will be utilized, and that the location of such potential
    source
    .
    .
    .
    will not constitute a significant hazard to the
    potable water supply well”.
    (415 ILCS 5/14.2(c).)
    ARGUMENT
    Sludge is generated by Creve Coeur as part of the operations
    of its POTW.
    The sludge must be disposed.
    The possible methods
    of disposal are land application or landfilling.
    Creve Coeur
    desires to land apply the sludge to agricultural lands as the
    most economical and environmentally suitable method of disposal.
    (Petition at ¶5.2; Good at p.
    1;
    Tr. at p.
    7-8,
    19.)
    Creve Coeur
    holds a permit that allows it to land apply sludge.
    (Foxworth at
    p.
    3.)
    Sludge may be applied to agricultural lands only before
    crops are planted in the spring or after crops are harvested in
    the fall.
    It is therefore necessary to provide for storage of
    the sludge during the intervening months.
    Creve Coeur estimates
    that capacity of 34,000 cubic feet is required to provide six-
    months storage of its sludge.
    (Petition at ¶3.1.)
    Creve Coeur proposes a system where,
    during normal
    operations, dewatered sludge would be trucked to a storage unit
    and stored up to six months.
    During spring and fall, when the
    fields are available for sludge spreading, the sludge would be
    removed from the storage unit and trucked to the fields.
    (Petition at ¶3.2.)
    The sludge storage unit that Creve Coeur proposes to
    construct is 60 feet wide and 80 feet long.
    It is proposed to
    have a one—foot thick concrete base slab with a one—foot thick
    and eight-foot high concrete wall that forms three sides and a
    center dividing wall.
    The fourth side would be open to allOw
    truck and endloader access.
    The open end would have a full—
    length trench drain for collection of any water that drains from
    the sludge; any water collected would be conveyed to the influent
    stream at the head end of the treatment process.
    The entire unit

    —4—
    is proposed to be covered with a rain-tight roof.
    (Petition at
    ¶3.2.)
    The Agency observes that the sludge unit as proposed by
    Creve Coeur constitutes the Best Available Technology
    (BAT)
    that
    is economically available.
    (Rec. at p.
    5; Foxworth at p. 2-3;
    Tr.
    at p.
    38,
    41.)
    The Agency additionally notes that the unit
    as proposed is consistent with the requirements for new waste
    piles at 35
    Ill. Adm. Code 616.
    (Rec.
    at p.
    5; McMillan at p.
    7;
    Tr. at p.
    36.)
    Based upon the submitted designs, the Agency has issued a
    permit to Creve Coeur for construction of the sludge storage
    unit.
    (Foxworth at p.
    3..)
    However, construction is currently in
    abeyance pending disposition of the instant exception petition.
    (Tr.
    at
    p.
    9.)
    The POTW is located within an area confined by an interstate
    highway,
    a railroad,
    a steel storage yard,
    a steep bluff, and the
    water supply plant.
    Creve Coeur contends that for this reason
    there is only one available location for the new sludge storage;
    that location Is within the 400-foot setbacks distances.
    (Good
    at p.
    1.)
    The proposed location for the storage unit would be
    within 140,
    190,
    and 200 feet of the three wells,
    respectively.
    (Rec.
    at p.
    4.)
    The Agency believes that if the unit is so
    placed,
    it will be at the maximum feasible alternative distance,
    as prescribed at Section 14.2(c)
    of the Act.
    (Rec.
    at
    p.
    7.)
    Creve Coeur contends that the usage and design of the sludge
    storage unit will introduce little or no increased risk of
    groundwater contamination.
    (Good at
    p.
    2.)
    Creve Coeur observes
    that the unit will be roofed so as to be sheltered from the wind
    and rain; that the thick concrete walls and floors will prohibit
    liquid migration out of the structure;
    that any leachate derived
    from the sludge will be collected and returned to the POTW for
    treatment; and that the unit will be sited above the 100-year
    floodplain.
    (~)
    It is further observed that Creve Coeur has an
    emergency operations plan to be placed in effect should there be
    an emergency at either the POTW or water plant.
    (See attachment
    to Good testimony.)
    Based on its analysis, the Agency concludes that the
    proposed sludge storage unit does not pose a significant
    increased risk to the groundwater of the Creve Coeur area.
    (Tr.
    at p.
    25,
    37,
    42..)
    Both the Agency and Creve Coeur contend that any arrangement
    of disposal options and storage sites other than that proposed
    would be more costly, and hence constitute an economic hardship.
    (Tr. at p.
    18-20.)
    The Agency believes that the hardship rises
    to the level of an arbitrary and unreasonable hardship.
    (Tr. at
    p.
    41.)

    —5—
    CONCLUSION
    Creve Coeur and the Agency both present evidence and contend
    that the necessary conditions for the grant of a water—well
    setback exception have been met.
    The Board agrees and
    accordingly finds that exception must be granted.
    This opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    The Village of Creve Coeur is hereby granted, pursuant to
    Section 14.2(c)
    of the Environmental Protection Act
    (415 ILCS
    5/14.2(c)
    (1992)),
    an exception against the prohibition of siting
    a new potential source within the setback zone of a community
    water supply well.
    The exception applies to the sludge storage
    unit and three community water supply wells described in the
    opinion that accompanies this order.
    IT IS SO ORDERED.
    Board Member J. Theodore Meyer dissented.
    Section 41 of the Environmental Protection Act
    (415 ILCS
    5/41
    (1992)) provides for the appeal of final Board orders within
    35 days of the date of service of this order.
    The Rules of the
    Supreme Court of Illinois establish filing requirements.
    (See
    also 35 Ill.Adm.Code 101.246 “Motions for Reconsideration”.)
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    hereby certify that the abovej~pinionand order was
    adopted on the
    ~
    day of
    ____________________,
    1995, by
    avoteof
    __________.
    (
    Dorothy N./ unn, Clerk
    Illinois I~ llution Control Board

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