ILLINOIS POLLUTION CONTROL BOARD
    August 18,
    1982
    In the Matter of:
    )
    )
    AMENDMENTS TO CHAPTER 3:
    )
    R77-12
    WATER POLLUTION (Effluent
    )
    Docket 0
    Disinfection)
    )
    DISSENTING OPINION
    (by J.D. Dumelle):
    My reason for dissenting
    in this matter is my concern
    that swimmers and water skiiers on the major rivers of Illinois
    will become ill with gastroenteritis or shigellosis
    (dysentery).
    The majority opinion
    (pp.9—il) seems to indicate that
    fecal coliform standards which are used to measure contamination
    at beaches and
    in swimming pools are not the best measure.
    Let’s look at the record on the question of adequacy of
    fecal coliform water standards.
    The following county or city
    health agencies are on record supporting the use of fecal
    coliform standards:
    Peoria City/County Health Department
    Tazewell County
    Grundy
    McHenry
    Lake
    ft
    H
    City of Chicago
    Suburban Cook County—-Du Page County
    Health Services Agency
    In addition, the Woodford County Board
    (which may not
    have a health department)
    is on record against dropping disin—
    fection.
    The 1980 census populations for the jurisdictions
    listed above are as follows:
    Peoria County
    (200,466);
    Tazewell
    County
    (132,078); Grundy County (30,582); McHenry County
    (147,724);
    Lake County (440,372); City of Chicago (3,005,072); Suburban
    Cook County (2,248,118); Du Page County
    (658,177);
    and Woodford
    County (33,320).
    They total
    to 6,895,849 or 60.4
    of the 1980
    population of Illinois of 11,418,461.
    Can those many professional
    health departments,
    many of which are headed by medical doctors
    or holders of the Master’s
    in Public Health degree,
    all be wrong
    on such an important matter?
    I think not.
    And I think the Pollution Control Board should
    have given much more weight and credence to the professional
    opinion of these health agencies representing 60.4
    of Illinois
    citizens.
    47-577

    —2—
    Fecal coliforms are used by the Illinois Department of
    Public Health as a measure of swimming pool safety.
    A count
    of one, repeat one,
    is sufficient to close a swimming pool.
    Doe~he Board Th~lthat IDPH should not use fecal coliforms
    to test for swimming pool safety?
    On p.10
    (bottom)
    of the majority
    opinion the Board points out that shigella (which causes dysen-
    tery) or pathogenic viruses have not been used for swimming
    health standards.
    Thus,
    it seems to me, the fecal coliform standard
    is still
    the best one to use and must be used until something far better
    is developed and accepted.
    The economic impact study
    (EcIS) done by Huff and Huff,
    Inc. was a major factor in the majority’s decision.
    Mrs.
    Linda
    Huff, the principal witness,
    is a chemical engineer with an
    MBA degree.
    She is not a microbiologist or an MPH or a physi-
    cian by training.
    She arrived at her conclusions by devising
    a shigella standard.
    (Bloomington hearing, July 17,
    1981,
    R.113—
    115).
    The majority in its opinion (bottom of p.1°)rightly rejects
    shigella as a measure of water quality for protection of swimmers.
    Should not Mrs. Huff’s opinion as to the public health safety
    of dropping disinfection also have been rejected?
    How valid is the 500 fecal coliforms per 100 milliliters
    used now by the City of Chicago to close beaches?
    That number
    represents a partial
    loosening of the 200 fecal coliforms
    per 100 milliliters water quality standard set by this Board
    in
    1972.
    The 200 figure apparently was originally derived from
    the Albert H.
    Stevenson report titled “Studies of Bathing Water
    Quality and Health” published in May 1953 in the American
    Journal of Public Health.
    If one goes through that report and
    rearranges the data in Table
    5
    (p.537) the following correlation
    appears
    (note:
    total
    co.iforms
    are assumed to be 10 times fecal
    coliforms):
    Fecal Coliforms per 100 ml.
    Three—Day Illness Rate
    per 100 swimmers
    3
    8.7
    4
    8.5
    73
    9.9
    230
    12.2
    To me, this shows a positive correlation between fecal
    coliforms and illness to swimmers.
    If the fecal coliform stan-
    dard is now thought to be inadequate then a better standard ought
    to devised.
    The Board had before it in this record an estimate of
    fecal
    coliform levels that would occur along the Illinois River if
    disinfection at sewage plants were dropped as
    is now to be done.
    Compare these predicted levels (second column) with the present
    level for closing Chicago beaches on Lake Michigan
    (500 fecal
    coliforms per 100 milliliters).
    47-578

    —3—
    Predicted Fecal
    Coliforms/100 ml.
    Ratio to Chicago Standard
    Morris
    28,700
    57.4
    Marseilles
    17,400
    34.8
    Ottawa
    12,300
    24.6
    La Salle—Peru
    6,880
    12.8
    riennepin
    2,992
    6.0
    Lacon
    1,370
    2.7
    Peoria
    534
    1.1
    Thus it is predicted by using generally accepted die-off
    equations that the William G.
    Stratton State Park at Morris
    (a major waterskiing center) will have fecal coliform levels in
    the Illinois River which are 57.4 times the level
    at which Chicago
    beaches are now closed!
    Does this not give one pause?
    The predicted fecal coliform densities above come from
    Table
    4,
    p.31, of the report dated December 14,
    1981 done by
    Dr. Charles
    N.
    Haas,
    Dr.
    Haas is a graduate microbiologist and
    an assistant professor of environmental engineering at Illinois
    Institute of Technology.
    Persons who swim
    (and
    I include water skiiers in this
    category)
    are most likely to contract gastroenteritis from
    polluted water.
    This illness has “Montezuma’s Revenge” symptoms
    of diarrhea,
    etc.
    Since it is not an illness required to be
    reported by physicians, an increase in its incidence will probably
    go undetected.
    A water skiier at the William
    G. Stratton State
    Park might get ill
    a few days later and perhaps not even connect
    it
    to the earlier polluted water exposure.
    Much more serious is shigellosis
    (dysentery).
    A study
    in
    this record titled “Shigellosis From Swimming” appeared in the
    Journal of the American Medical Association in October 1976.
    Two of the authors are medical doctors:
    Dr. Mark L.
    Rosenberg
    and Dr. Kenneth K. Hazlet.
    Of the 45 cases of shigellosis
    contracted in this outbreak,
    32 were traced to swimming in the
    Mississippi River
    5 miles below a sewage treatment plant which
    was not disinfecting.
    The fecal coliform level was 17,500 per
    100 ml
    in this case study.
    The predicted levels by Dr. Haas
    given above show that fecal
    coliforin levels at Morris will be
    28,700 and at Marseilles,
    17,400.
    The symptoms experienced in
    the Dubuque, Iowa outbreak included diarrhea (100),
    fever
    (80),
    abdominal pain (80),
    chills
    (55),
    headache
    (55),
    nausea
    (51),
    vomiting
    (49),
    and bloody diarrhea (24).
    Two
    children “who had played together at the river’s edge”
    20
    miles below the sewage plant also got ill with shigellosis
    (p. 1850
    )
    Under the regulation adopted today,
    sewage plants will be
    able to discharge untreated wastes to the major rivers of Illinois.
    A letter
    in this record from Dr.
    David Kenney, Director of the
    Illinois Department of Conservation states that
    waterskiing
    is done on
    the
    Illinois River, the Mississippi River, and the
    47-579

    —4—
    Wabash River.
    A waterskiier may well take a spill right in the
    undiluted effluent plume of
    a sewage plant where the fecal
    coliform level may be as high
    (or higher), than the 500,000
    level per 100 ml used by Dr.
    Haas as coming from the Metropolitan
    Sanitary District of Greater Chicago’s plants.
    There are other aspects which have not fully been considered
    by the majority.
    While
    the opinion
    (p.16) concludes that there
    is
    “little risk” to cattle and hogs it does not address the calf
    typhoid potential.
    The report titled “Health Effects Due to the
    Cessation of Chlorination of Wastewater Treatment Plant Effluent”
    by Janet Holden of the School of Public Health of the University
    of Illinois at Chicago is in this record.
    On p.74 of it the
    reference is given to calf typhoid occurring from hay grown on
    ground flooded by a stream polluted with sewage.
    The bacteria
    deposited on the grass were shown to survive natural drying and
    remain virulent in the winter.
    It is important to maintain the distinction between “disin-
    fection” and “chlorination”.
    If chlorine residuals as such do
    pose environmental threats to fish or to humans (from trihalo—
    methanes) then an alternative disinfection method could be
    required.
    The Bergen County, N.J. research showed that ultra-
    violet disinfection is as effective as chlorination and no more
    costly.
    The majority opinion does not mention ultra—violet’s
    proven advantages over chlorination of having no chlorine
    residual and not creating chlorinated organics——all at the same
    cost.
    The majority opinion mistakenly equates a “case-by—case”
    determination with the need for 1,500 separate, site—specific
    rulemaking proceedings (pp.18-19).
    All that was needed was
    to retain a water quality standard for swimming and water skiing
    areas
    (the major rivers of Illinois and lakes and reservoirs).
    The IEPA’s permit process would do the rest.
    IEPA, using gener-
    ally accepted decay models for bacteria (pp.ll—12) would simply
    make the computation and require disinfection if needed as a
    permit condition.
    In air pollution control, air quality standards
    must always be met.
    IEPA does far more difficult air modelling
    now when issuing air permits.
    My preference,
    in this proceeding, would have been to first
    drop winter chlorination (from November 15 to May 1).
    Then
    actual
    field measurements of fecal coliform levels could have
    been made in April and in November.
    Once these data were gathered
    the Board could make
    a further determination on modifying summer
    chlorination.
    There is a public health risk even in dropping winter chlor-
    ination.
    Edwin
    E. Geldreich,
    the noted research microbiologist
    at the U.S. Municipal Environmental Research Laboratory in a
    November 6,
    1981 letter states:
    47-580

    —5—
    “While ingestion of water through drinking may be the
    major vehicle of transport to the intestinal
    tract,
    body contact in recreational use of water cannot be
    ignored.
    This would include swimming, skiing,
    and
    canoeing in a river since in these forms of recreational
    activity, hands and mouth will come in contact with the
    water.
    If the water in contact contains pathogenic
    organisms, these organisms will reach the mouth
    directly or by hand to mouth transfer and be ingested.
    This transfer of pathogen exposure from water to
    person is not unlike the acknowledged transfer of
    pathogens in person to person contacts (sneezing,
    coughing,
    hands, body).”
    Thus,
    it seems to me, that even hunters and fishermen will
    be at some risk with the dropping of winter disinfection.
    A
    fisherman will be handling his lines and any fish caught in a
    polluted stream.
    His hands will be
    a potential source of pathogen
    transfer when he eats lunch.
    The hunter may wash his hands in
    a polluted stream and thus unknowingly ingest pathogens when he
    eats his sandwiches.
    The dropping of winter chlorination will also increase
    virus
    levels in the waters of Illinois.
    Potable water systems
    have expressed a concern about enteroviruses (February
    9,
    1982,
    R.
    236).
    Some viral diseases are hepatitis and polio.
    The Lake County Health Department, in its
    letter of Sep-
    tember 30,
    1977 by Eugene Theios, M.P.H. then director of the
    environmental health division, points out that people swim at
    private beaches and in lakes and along rivers.
    Also,
    “swimming
    holes” exist in parks that are unofficial bathing areas.
    He
    also points out that swimming may take place before May
    1 or
    after September 30 if the weather is warm enough.
    The public,
    at any of these locations and times of the year would obviously
    not be protected.
    And how would they ever know that they were not
    protected?
    Mr. Richard
    A. Wissell,
    M.P.H., Public Health Administrator
    for the McHenry County Department of Health,
    in his letter in
    the record of February 9, 1982 states;
    “All up and down the Fox
    River in our County, people water ski and swim from the banks of
    their property.”
    Messrs.
    Theos and Wissell are both stating that people will
    swim and water ski in the rivers and lakes of Illinois.
    We
    cannot and should not prevent that entirely legitimate and desir-
    able recreational use of our waters.
    But we should protect the
    health of those users.
    As the public learns that Illinois rivers,
    lakes, and
    reservoirs may not be safe to swim or water ski upon, tourism
    is bound to be adversely affected.
    These adverse economic
    impacts were not considered in this proceeding.
    47-581

    —6—
    The Second Notice enacted today by the majority is much
    looser
    (more lenient) than the First Notice enacted by this Board
    on October 8,
    1981.
    That First Notice would have protected the
    entire reach of the Illinois River from the Stratton State Park
    at Morris to the confluence with the Mississippi River.
    It
    also would have protected all “lakes”.
    The intent is using the
    word “lakes” was to define that as meaning bodies of water on
    which water skiing was possible.
    The legal argument then exists that the Second Notice goes
    far beyond First Notice.
    The million or so people in Central
    Illinois who look to the Illinois River for recreational usage
    can legitimately assert that they did not participate nor object
    to the First Notice because
    it did not purport to affect
    them.
    Similarly,
    residents and users of all lakes and reservoirs could
    say the same thing.
    Earlier in this statement it was mentioned that 6,895,849
    people of Illinois have objected to the action of the Board
    majority.
    But it is really more than that in numbers.
    The
    Illinois Section of the American Water Works Association in their
    testimony of February 9,
    1982
    (Michael Curry) expressed their
    concerns for the safety of potable public water systems
    (R.225-
    251).
    Most of the Illinois population is served by potable public
    water supplies
    (as against individual wells).
    Thus about 10,000,000
    people in Illinois
    (the customers) were represented by the AWWA
    group and its statement of concern.
    The Illinois Department of Public Health represents all
    11,418,461 Illinoisans.
    Its then Director, Paul Q.
    Peterson,
    M.D., in
    a statement in this record, stated:
    “The Department of Public Health wishes to point out
    that in IEPA’s effort to have fecal coliforms removed
    as an indicator of water quality, it does not offer
    any alternative indicators
    for the Department’s use.
    Granted, there are
    a variety of specific organisms which
    can be tested for, but none correlate with water quality
    any better than fecal coliforms,
    and are more difficult
    and costly to monitor as well as interpret...The Department
    will continue to use fecal coliforms as an indicator of
    water quality,
    and recommends that the Pollution Control
    Board continue to retain
    feca.
    coliform as an indicator
    until such time that a more suitable parameter is found.”
    (underlining added).
    The majority in today’s action has not “retained fecal coli-
    form as an indicator.”
    I would have kept a water quality standard
    of 500 fecal coliforms per 100 ml
    (the Chicago beach closing
    standard)
    in force for the summer swimming and water skiing season.
    Perhaps it all was said best by Janet Holden of the School
    of Public Health of the University of Illinois at Chicago.
    In
    her conclusions she stated;
    47-582

    —7—
    “Swimming in waters that have been contaminated by sewage
    or wastewater treatment plant effluents has been directly
    implicated
    as
    the cause of infectious disease,
    The
    concentrations of pathogenic organisms which are needed
    to cause such diseases
    is not known.
    Thus, neither the
    concentration
    of
    indicator
    organisms
    needed
    to insure
    safe
    swimmable
    waters
    not.
    ‘the
    distance
    from
    a
    wastewater
    outfall
    needed
    for
    a
    body
    of
    water
    to
    purify
    itself
    sufficiently
    for use for swimming
    is
    known.”
    (p.88)
    The
    majority
    decision
    is
    not
    logically
    consistent,
    It
    purports
    to
    protect
    swimmers
    at
    licensed
    beaches
    but
    completely
    neglects
    to
    protect
    swimmers and
    water
    skiiers
    not
    at
    licensed
    beaches.
    And, in fact,
    if Dr.
    Haas is
    correct,
    the
    majority’s
    new rule may not even protect through the “20 mile” distance.
    I would urge concerned counties and cities to
    (a)
    do water
    quality testing for fecal coliforms after disinfection ceases,
    (b) try to get additional river,
    lake, and reservoir beaches
    licensed in order to trigger the partial protection of the 20 mile
    distance and
    (c) bring this matter back to the Board again with
    new data on water quality and illness incidence.
    I,
    Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, here~certify that th
    above Dissenting Opinion
    was filed on the~~day of
    ~(
    _______,
    1982.
    (
    Christan L. Moff
    ,
    Clerk
    Illinois
    Pollution
    ontrol
    Board
    submitted,
    47-583

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