ILLINOIS POLLUTION CONTROL BOARD
May 11,
1989
VILLAGE OF MONTGOMERY,
)
)
Petitioner,
v.
)
PCB 89—14
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
Respondent.
OPINION AND ORDER OF THE BOARD (by
3.
Marlin):
This matter comes before the Board upon
a petition
for
variance,
filed by the Village of Montgomery
(“Montgomery”)
on
January
26,
1989,
as amended February
24,
1989.
Montgomery
is
seeking relief from 35
Ill.
kdm.
Code
602.105(a), Standards
of
Issuance and from 35 Ill.
Adm.
Code 602.105(b), Restricted
Status,
as
those
rules relate
to the Combined
radiuxn—226 and
radium—228
standard of 35 Ill. Adm. Code 604.301(a).
Montgomery
is requesting
a variance until July
1,
1992,
or three years
and
six months from the date of variance.
On March 15, 1989
the Illinois Environmental Protection
Agency (“~gency”) filed
a recommendation
to grant
the variance.
Montgomery waived its
right
to a hearing
in this matter.
B~CKGROUND
~1ontgornery,
located
in Kane County,
provides
a community
water supply for approximately 13,000
residents and 150
industries and businesses.
Montgomery’s public water
distribution system includes three deep wells,
one shallow well,
two elevated water storage
tanks, pumps
and distribution
facilities.
In December
1986,
the Agency advised Montgomery that
a
composite sample showed that Montgomery’s water supply contained
a combined
radiurn—226 and radium—228 concentration of 11.1 pCi/i,
in violation of
the 5.0 pCi/i combined radium standard.
In
January 1987, the Agency notified Montgomery
that
it was being
placed on Restricted Status.
Montgomery subsequently
filed
a
petition
for variance and was granted
a variance on ~pri1
16,
1987 until February 15,
1989
to determine
the best method
to
achieve compliance with the combined radium standard.
(PCB 87—
5).
After implementing several
investigatory studies, Montgomery
has chosen
a compliance plan which
it
is now able to proceed with
in seeking
this variance.
99—35
—2—
COMPLIANCE PLAN
Montgomery states
that
it has completed the following items,
as
required by the variance granted
in PCB 87—5,
by describing on
page
9 of
its petition:
A. Hire(d
the Illinois State Geological
Survey for a shallow groundwater
resource
assessment.
They recommended two locations
to drill shallow sand and gravel wells.
They also gave some general locations the
Village might try for dolomite wells.
Cost
of study $5,000.00
B. The Village contracted
with Layne Western
to drill
10 observation wells and
to drill
sand and gravel well #10.
After
a 30—day
pump test
it was determined that well #10
has
a safe yield of 400 gpm.
Approximate
cost of well #10
arid observation wells
$50,000.00.
C. The Village contracted with Moretrench
American
to drill well #11 at
a cost of
$20,000.00.
Well #11 has a safe yield of
300 gmp.
D. The Village contracted Layne Western
to
install permanent pumps
in wells #10 and
#11
at an approximate cost of $30,000.00.
E.
The Village contracted with Baxter and
Woodman,
Inc.
to conduct
a water study to
determine the best way
to come
into
compliance.
The study recommends piping
five shallow wells
and one deep well
to
well
#4 location and constructing
a lime
softening water treatment plant to remove
iron,
hardness and radium from the water.
The study was sent
to the IEPA for review
on May 12,
1988.
The study cost $26,100.00
F. ~he Village contracted with Baxter and
Woodman,
Inc.
to determine the impact of
a
V.O.C.
spill across the street from the
site of the proposed water
treatment plant
and well.
Cost of study $3,500.00.
See
attachment
#3.
G. The Village contracted
with Walker Process
to submit
a turn—key proposal
to construct
the ~ater
Treatment Plant.
The proposal
is
due February
6,
1989 and will cost
99—36
—3—
$16,500.00.
See attachment #4.
H. The Village hired Testing Service
Corporation
to take
6 soil borings
for
the
proposed water
treatment plant for
a cost
of $1,732.00.
See attachment
#5.
(Pet.
at 9,
10).
Montgomery’s compliance plan includes replacing two of
the
existing deep sandstone wells with
Eour new shallow wells with
a
raw water collection system
and treatment for iron, hardness and
radium removal.
Montgomery’s estimated costs
for construction of
the treatment facilities
is $3,600,000.
The Agency states
in its
recommendation that
it has
no objection
to Montgomery’s proposed
compliance plan and believes
that
if the wells and equipment are
designed properly,
compliance can
be achieved.
HARDSHIP AND ENVIRONMENTAL IMPACT
The Agency states
in
its recommendation
that denial of
Montgomery’s variance petition would result
in an arbitrary and
unreasonable hardship because the Agency would be required to
continue
to deny construction and operating permits until
compliance
is achieved.
Further,
the Agency states that
continuation of restricted
status means
that no new water main
extensions could be issued permits and that economic growth
dependent on those water main extensions would not be allowed.
In regard to environmental
impact,
the Agency states that
it
believes
that “an incremental
increase in the allowable
concentration for the contaminant
in question even up to
a
maximum
off
four times the MAC for the contaminant
in question,
should
cause no significant health risk for
the
limited
population served
by new water main extensions
for the time
period
of
this recommended variance.”
(Agency Rec.
at
6).
CONCLUSION
Based on the record before it,
including environmental
impact,
the Board finds
that Montgomery has presented adequate
proof that immediate compliance with
35
Ill. Mm.
Code 602.105(a)
and 602.106(b) would impose an arbitrary or unreasonable hardship
upon Montgomery.
AccQrdingly,
the Board will grant
the requested
relief,
subject
to conditions.
This variance
is granted for three years and eight months,
until January 11,
1993.
This time frame allows sufficient
time
and
includes twelve months
for water
testing to show Montgomery
is
in compliance
after construction
is completed.
The time frame
in the Agency’s recommendation
is not consistently based
on
a
99—37
—4—
three year—eight month compliance schedule.
Consequently,
Montgomery’s time schedule has been adapted
in the Order
to
correspond to a three year-eight month compliance
plan.
This Opinion constitutes
the Board’s findings of fact and
conclusions
of law in this matter.
ORDER
1.
The Village of Montgomery (“Montgomery~’) is hereby
granted a variance from 35
Ill.
Adm. Code
602.105(a)
Standards
for Issuance and 602.106(b) Restricted Status, but only as they
relate
to the combined
radium—226
and radium—228 standard of
35
Ill. Mm.
Code 604.301(a), subject
to the following conditions:
A. This variance expires January
11, 1993 or
when analysis pursuant
to
35 Ill.
Adm. Code
605.104(a)
shows compliance with the
standard
for combined radium,
whichever
occurs first.
B. In consultation with the Agency, Montgomery
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, Montgomery shall collect quarterly
samples of
its water
from
its distribution
system at locations approved by the
Agency.
Montgomery
shall composite the
quarterly samples
for each location
separately and shall analyze them annually
by
a laboratory certified by the State
of
Illinois
for radiological analysis
so
as
to
determine
the concentration of combined
radium—226
and
228.
The results
of
the
analyses shall
be reported to the
Compliance Assurance Section, Division of
Public Water Supplies,
2200 Churchill Road,
IEPA, Springfield, Illinois 62794—9276,
within
30 days
of
receipt of each
analysis.
At the option
of Montgomery,
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.
C. By February 11,
1990, Montgomery shall
apply
to
IEPA,
DPWS, Permit Section,
for
all permits necessary for construction
99—38
—5—
installations, changes
or additions to
Montgomery’s public water
supply needed
for
achieving compliance with the maximum
allowable concentration
for the combined
radium standard.
D. Within three months after each construction
permit
is
issued by IEPA,
DPWS, Montgomery
shall advertise for bids,
to be submitted
within 60 days,
from contractors
to do the
necessary work described
in the
construction permit.
Montgomery shall
accept appropriate bids within
a reasonable
time.
Montgomery shall notify
IEPA, DPWS
of:
1)
advertisements for bids,
2)
names
of successful bidders,
and
3) whether
Montgomery accepted the bids.
E.
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 for combined radium shall
begin no later
than January 11, 1991 and
shall be completed no later than January
11,
1992.
F. Pursuant
to
35 Ill. Mm. Code 606.201,
in
its first set of water
bills or by August
11,1989, whichever occurs first,
and every
three months thereafter,
Montgomery shall
send to each user of its public water
supply
a written notice
to the effect that
~ontgomery has been granted
a variance from
35
Ill. Mm.
Code 602.105(a)
Standards of
Issuance and 35
Ill. Mm.
Code 602.106(b)
Restricted Status,
as
its relates
to the
combined radium standard.
G.
Pursuant
to
35 Ill. Mm. Code 606.201,
in
its first
set
of water bills
or by August
11,
1989, whichever occurs first,
and every
three months
thereafter, Montgomery shall
send
to each user
of its public water
supply
a written notice
to the effect that
it
is not
in compliance with the combined
radium concentration standard
(35
Ill. Adm.
Code 604.301(a)).
The notice shall
state
the average content
of combined
radium in
samples taken since
the last notice period
during which samples were taken.
99—39
—6—
H. Montgomery shall take all reasonable
measures with
its existing equipment to
minimize the level of
combined radium
concentration in
its finished water.
I. Montgomery shall provide written progress
reports to IEPA,
DPWS, FOS every six months
concerning steps
taken
to comply.
Progress
reports shall quote each of said paragraphs
and immediately below each paragraph state
what steps have been taken to comply with
each paragraph.
2.
Within 45 days of the date of this Order, Montgomery
shall execute and forward
to Bobella Glatz, Enforcement Programs,
Illinois Environmental Protection Agency,
2200 Churchill Road,
Springfield, Illinois 62794—9276,
a Certificate of Acceptance and
Agreement to be bound to all terms
arid conditions of this
variance.
This forty—five
(45) day period shall be held
in
abeyance
for
any period this matter
is being appealed.
If the
petitioner fails
to execute and forward the agreement within
a
forty—five
(45) day period,
the variance shall be void.
The form
of certification shall
be
as follows:
CERTIFICATION
I, We,
,
hereby
accept
and agree
to be bound by all terms and conditions of the
Order
of the Pollution Control Board
in PCB 89—14, May
11,
1989.
Petit ioner
Authorized Agent
Title
Date
Section
41 of the
Environmental
Protection
Act,
Ill.
Rev.
Stat.
1987,
ch.
llll,~~,par.
1041, provides
for appeal of final
Orders
of
the Board within
35 days.
The Rules
of the Supreme
Court
of Illinois establish filing requirements.
IT IS SO
ORDERED.
99—40
—7—
J.D. Dumelle and B.
Forcade dissented.
I,
Dorothy M Gunn, Clerk
of the Illinois Pollution Control
Board, hereby certify that
the above Opinion and Order was
adopted on the
//~
day of __________________________
1989, by
a
vote
of
~
.
Ill
Control Board
99—4
1