ILLINOIS POLLUTION CONTROL BOARD
August
5,
1982
VILLAGE OF GLASFORD,
)
)
Petitioner,
)
v
)
PCB 82—42
)
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
Respondent.
OPINION AND ORDER OF THE BOARD
(by J.
Anderson):
This matter comes before the Board on the petition for
variance filed by the Village of Glasford
(Village) April
3,
1982
as amended May
6 and 28,
1982.
The Village seeks variance from
the 2.0 mg/l fluoride concentration limit of Rule 304(B) (4)
of
Chapter
6:
Public Water Supplies (Chapter 6) and from the 15
pCi/i gross
alpha particle activity limitation of Rule 304(B) (4)
of Chapter
6.
On July
2,
1982 the Illinois Environmental
Protection Agency (Agency)
filed its Recommendation in support
of grant of variance until January
1,
1984.
Hearing was waived
and none has been held.
The Village of Glasford, Peoria County, supplies the water
needs of its approximately 1201 residents
(1980 census) from two
deep wells.
These wells were the subject of a previous variance
from the fluoride and radiological quality standards in PCB 79-238
(February 7,
1980).
Agency analyses of samples taken between
June,
1980 and June,
1982 of the Village’s water show fluoride
levels ranging from 2.55 mg/i to 3.76 mg/i.
Analysis of composite
(sic) samples was made in July, September, and December, 1981 and
March, 1982 show gross alpha particle activity levels in pCi/i,
respectively, of 31.9;
36.7 and 52.5; 28.3 and 23.2; and 55.8
(no ±figures provided).
No reports were given of testing for
radium—226,
228.
The City has identified two possible compliance options.
The first would involve construction of a shallow well, but its
location near the Illinois River would require the laying of a
2-mile transmission main and the quality of its water would
require installation of an iron removal plant.
Capital costs
for this project would be $310,000.
(In PCB 79—238, construction
of such a well was considered only for blending purposes, a
concept which would seem to have been discarded.)
47-479
2
The other alternative would be installation of a lime
softening plant, which would involve capital expenditures of
$250,000.
The Village has stated that it ~will proceed in this
direction as financing becomes available.”
The Village gives no projection as to when this might occur.
It explains however that it has recently borrowed $350,000 from
the Farmer’s Home Administration to finance sewage treatment
plant rehabilitation and to construct an elevated water tower.
As the average water/sewer bill per family is now $14.00 per
month, the Village believes that an immediate increase to
finance the needed drinking water treatment plant would impose
an arbitrary or unreasonable hardship.
The Village finally
reasserts its belief that no harm to the health of its water
users has resulted from consumption of either radium or
fluoride at the levels present in its water.
The Agency does not dispute the City’s cost figures.
It
too reasserts its belief that the public health will not he
endangered by grant of variance until January
1,
1984, the
deadline date for exemptions pursuant to S1416 of the federal
Safe Drinking Water Act.
In light of the high cost of compliance, and the apparent
lack of any immediate threat to health from consumption of water
containing fluoride or radioactivity at the levels present in
the Village’s water
(see Village of Kirkwoo~1v.
IEPA, PCB 81—111,
December
3,
1981 and Village of Lemont v.
IEPA,
PCB 80—48,
April
30,
1981)
the Board f:Lnds that denial of variance would
impose an arbitrary or unreasonable hardship.
Variance
is granted
until January
1,
1984, subject to the conditions outlined in the
attached Order.
Given the apparent rise in gross alpha particle
activity in the Village’s water between December,
1981 and March,
1982, and the Board’s continuing uncertainty about the accuracy
of test analyses (see County of Du Paç~ PCB 82—24, May
27, 1982),
it is even more than usually important that gross alpha testing
continue and that radium testing commence,
and the Board will so
order.
This Opinion constitutes the Board’s findings of fact and
conclusions of law in this matter,
ORDER
1.
Petitioner, the Village of Glasford,
is granted a
variance from the 2.0 mg/i fluoride limitation of Rule 304(B) (4)
and the 15 pCi/i gross
alpha particle activity limitation of Rule
304(C)(1)(b)
of Chapter
6:
Public Water Supply until January 1,
1984, subject to the following conditions:
a.
Petitioner shall,
in consultation with the Agency,
continue its sampling program to determine as accurately as
possible the level of radioactivity in its wells and finished
water.
Testing for radium 226 and 228 shall be commenced
within 45 days of the date of this Order.
47-480
3
b.
As expeditiously as is practicable, but no later
than November
1,
1982,
Petitioner shall submit to the Agency,
a program
(with increments of progress)
for bringing its
system into compliance with radiological quality and fluoride
standards.
c.
Petitioner shall take all reasonable measures with
its existing equipment to minimize the level of fluoride and
radioactivity in its water supply.
The fluoride level shall
not be allowed to exceed an average of 4.0 mg/i.
d.
Pursuant to Rule 313(D)(1) of Chapter
6, in its
first set of water bills
or within three months after the
date of this Order, whichever occurs
first, 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 by the Pollution Control Board
a variance from the 2.0 mg/i fluoride standard and 15 pCi/i
maximum gross alpha particle activity standard.
The notice
shall state the average content of gross alpha particle
activity in samples taken since the last notice period during
which samples were taken.
2.
Within forty—five days of the date of this Order,
Petitioner shall execute and forward to the Illinois Environmental
Protection Agency,
PWS
Enforcement Programs,
2200 Churchill Road,
Springfield,
Illinois
62706,
a Certificate of Acceptance and
Agreement to be bound to all terms and conditions of this variance.
This forty—five day period shall be held in abeyance for any period
this matter is being appealed.
The form of the certificate shall
be as follows:
CERTIFICATE
I,
(We),
,
having read
the Order of the Illinois Pollution Control Board, in PCB 82-42,
dated ________________________________, understand and accept the
said Order, realizing that such acceptance renders all terms and
conditions thereto binding and enforceable.
Petitioner
By:
Authorized Agent
Title
Date
IT IS SO ORDERED.
47-481
Board Chairman J. Dumelle concurred.
I, Christan L.
Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify that the abov
Opinion and Order
was adopted on,~the
.~
day of
_____________________,
1982
by a vote of
~
Christan L. Mof
~
Clerk
Illinois Polluti~?r’ControlBoard
47-482