ILLINOIS POLLUTION CONTROL BOARD
March
30,
1978
VILLAGE OF
ALGONQUIN,
Petiti~jnsr,
PCB 78-3
ENVIRONMENTAL
PROTECTLON
AGENCY,
OPINION
AND
ORDER CF
THE
BOARD
(by
Mr.
Dumelle):
Petitioner has
requested
a
Variance
from
the
drinking
water standard for barium.
Petitioner claims
it would suffer
hardship
if i~was required to comply with the 1.0 mg/i
standard because
it
has no available alternative water supply
to replace wells
2
and
4 which exceed the standard.
As
additional reasons Petitioner states that installation of
barium removal equipment would be economically unreasonable
and would cause more harm than it would correct.
The Agency
recommends that
a Variance be granted so that more data
can be collected on the levels of barium in Petitioner’s
water supply and on
the
health hazards associated with
ingestion of barium.
Both parties feel that Petitioner should
not be required to install facilities which may be
rendered unnecessary by a future upward re—evaluation of
the
barium
standard.
The Board was faced with a similar request
in
City of Crystal Lake
v~
EPA, PCB 77-332
(February 18,
1978).
In that case the Board noted that the Drinking Water Standards
were adopted
Ofl
November
22
,
1974
~ifter
an
exten~
i
VO
rev
i ow
of health effects and economic and technical feasibility.
Petitioner
filed
this request for relief
two days after
the
date
it was supposed to have met the barium standard.
No
compliance program is proposed.
Instead the parties cite
reports and studies which may result
in a change in the
Federal Standard
which
is also 1.0 mg/i and became effective
on June 24,
1977.
It should be noted that the Board
lacks
the authoriflty to grant relief from the Federal standard.
The health study cited is not yet complete and is not a part
of the record of this case.
No one knows its
findings.
There is very little data in this record to establish
the actual levels of barium in Petitioner’s System.
A
cooperative
program of data collection between Petitioner and the Agency
may disclose that no Variance is necessary.
29
—
443
—2—
The actual cost that would be incurred by Petitioner
in achieving compliance
is somewhat in doubt.
Petitioner
states that centralized water softening equipment would not
be feasible, would cost over $1 million and would double the
present water rate,
The Agency does not agree with the
conclusion that such
a system would not be feasible or that
installation would impose any overly burdensome cost on
Petitioner.
There
is also a dispute between the parties
as to whether or not a referendum would be necessary to
raise the funding.
The Board would have to be advised of
extremely high, well documented costs before it could grant
a Variance which did not provide for compliance with an
existing effective standard.
Petitioner has failed to
meet its burden in this regard.
Therefore,
since no compliance program is proposed,
hardship is not clearly established, and unanswered questions
concerning public health and actual barium levels are at
stake, the Board must deny the Variance.
This Opinion constitutes the Board’s findings of fact
and conclusions of law in this matter.
ORDER
It
is the Order of the Pollution Control Board that
Petitioner’s request for a Variance from the drinking
water standard for barium be denied.
I, Christan
L. Moffett,
Clerk of the Illinois Pollution
Control Board,
hereby certify the above Opinon and Order
were adopted o~ithe ~~day
of
_____________,
19
7~3
by a vote of
~S~o
Illinois Pollution
ntrol Board
29
—
444