74401

ILLINOIS POLLUTION CONTROL BOARD

January

 8, 1987

VILLAGE OF HANOVER PARK,

)

Petitioner,

)

 PCB 86—142

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

Respondent.

OPINION AND ORDER

 OF THE BOARD

(by

 J. Theodore Meyer):

This matter comes before

 the Board on a September

 12, 1986

variance petition and

 a November 7,

 1986 amended petition filed

by the Village of Hanover Park (Hanover

 Park).

 The Petitioner

requests

 a variance from 35

 Ill.

 Code 602.105(a), Standards for

Issuance,

arid

 from 35

 Ill.

 Adm. Code 602.106(b), Restricted

Status, but only to the extent

 those

 rules involve combined

radium.

 Hanover Park was previously granted

 a variance from the

combined radium standard

 itself

 35 Ill.

 Adm. Code 604.301(a).

The variance

 is sought

 for the period September 25, 1986 up to

and

 including June

1,

 1987 or until

 completion of the monitoring

requirements of 35

 Ill.

 Adni. Code 605.105(a),

 whichever is

shorter.

 The Illinois Environmental Protection

 (Agency)

 filed

its recommendation that variance be granted on December 22, 1986,

 with a motion

 to file instanter which

 is hereby granted.

 Hanover

Park waived hearing and none has been held.

The Village of Hanover

 Park is located

 in Cook and DuPage

Counties,

 Illinois.

 The Village owns and operates

 its water

distribution

system

which

consists

four

deep

wells,

two

shallow

wells,

pumps

and

other

distribution

facilities.

The

system provides potable water

 to approximately 8,592

 residential

and 120

 industrial

 and commercial utility customers.

Section 604.301(a) provides for

 a maximum allowable

concentration for combined radiurn—226 and radium—226 activity in

community water

 supplies of

 5 picoCuries/liter

 (pCi/i).

An

analysis of Hanover Park’s water performed by USEPA indicated

a

combined

 radium content of 6.8 pCi/i.

 Thus, the Village was

subsequently placed on the Agency’s Restricted Status list for

public water supplies.

Since

 the time of its

 initial variance petition

 in PCB 85—

22, the Village has obtained

 a conforming water supply as

a

member

regional

public

water

supply

agency

known

the

74-398

Northwest Suburban Municipal Joint Action Water Agency

 (JAWA).

JAWA was created by seven contiguous municipalities for the

purpose of securing Lake Michigan water

for

 its members.

 Hanover

Park began receiving lake water

 on March 11, 1986 and has

instituted

 a blending program with existing well water.

The

Village receives approximately 50

 of its water needs from the

JAWA system.

 The Village will increase the percentage of lake

water used until May 1,

 1988 when lake water

 will be used

exclusively.

Since

the

 initiation of the blending program, the Village

has monitored the water supply

 in conformance with

35

 Ill.

 Adni.

Code 605.105(a)

 which requires “the analyses of four samples

obtained at quarterly intervals.”

Id.

 The first test was taken

on April

 4, 1986,

 the second test on July 29,

 1986 and

 the third

test on September 16,

 1986.

 These

 tests demonstrated that with

one exception

 the distribution system was now in compliance

as

a

result of the current blending procedure.

 The failing sampling

point was determined

 to be closest

 to Well No.

2,

 which on the

basis of raw water

 tests done

 in 1985, had the highest radium

levels.

 Consequently,

 the Village shut down Well No.

 2 on or

before September

 11, 1986 except

for

 a weekly three hour

maintenance procedure.

Thus, Hanover Park currently has test results of September

16,

 1986 demonstrating compliance for one quarter but will be

replaced

 on Restricted Status while completing

 the testing

requirements

 unless a variance

 is granted.

 The variance

is

sought

 to allow for

 the continued operation of the Petitioner’s

water supply and distribution system, the expansion or extension

of the system as necessary,

and

 the removal

 of this facility from

the Agency’s Restricted Status List while the Village completes

the monitoring requirements of Section 605.105(a)

 which requires

at least one year.

 Hanover

 Park states that denial of the

variance will force

it

 to obtain 100

 of its water requirements

from JAWA resulting

in

 an added cost of $24,000 per month.

 There

is no risk to the environment or risk to the public health caused

by grant of the variance

 since Hanover Park is ostensibly

in

compliance with the drinking water regulations.

The Agency believes that the Board may grant the recommended

 relief consistent with the Safe Drinking Water Act since

the

variance

 is from the effect of Restricted Status to allow water

main extensions and

 is not a variance from the national primary

drinking water regulations.

 The Board

 finds that denial of

variance would result

in

 an arbitrary or unreasonable hardship

with no benefit

 to the users

 since the system

 is apparently

in

compliance.

 Accordingly,

 the Board will grant the

 requested

relief, subject

 to conditions.

 The Board will extend the

variance date

 to July 1,

1987

 to ensure adequate time to

demonstrate compliance.

74-399

—3-.

ORDER

The Village of Hanover Park is hereby granted

 a variance

from 35

 Ill.

 Adm.

 Code 602.105(a),

 Standards of Issuance, and

602.106(b), Restricted Status, but only as

 they relate

to

combined radium, subject

 to the following conditions:

(1)

 That this variance expires on July 1,

 1987 or until

completion of the monitoring requirements required in 35

Ill.

 Adni. Code 605.105(a)

 showing

 compliance, whichever

is sooner.

(2)

 In consultation with the Agency, Petitioner 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, Petitioner

shall collect quarterly samples of its water from its

distribution system, shall composite

and

 shall analyze

them annually by

 a laboratory certified

 by the State

of

Illinois for radiological analysis

 so as

 to determine

the concentration of the contaminant

 in question.

The

results of the analyses shall

 be reported

 to the Water

~uality Unit, Division of Public Water Supplies, 2200

Churchill Road,

 IEPA,

 Springfield, Illinois 62706, with

30 days of receipt of each analysis.

 At the option of

Petitioner, 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.

(3)

 Petitioner

 shall continue accepting delivery of Lake

Michigan water

 at a quantity to assure that the combined

radium 226 and 228

 in its distribution system

 shall not

exceed 5.0 pCi/l.

(4)

 Petitioner

 shall

 not use its Well No.

 2 except for

a

weekly three

 hour

maintenance

procedure

for

firefighting

 or similar emergencies.

(5)

 Compliance

 shall

 be achieved with the maximum allowable

concentration

 in question no later than June

1,

 1987.

(6)

 Pursuant

 to 35 Ill. Adm. Code 606.201,

 in its first set

of water bills or

 within three months after the date of

this Variance 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 35

 Ill.

 Adin.

 Code

602.105(a), Standards of Issuance, and

35

 Ill.

 Adm. Code

602.106(b),

 Restricted Status,

 as it relates

 to the MAC

standard

 in question.

74400

—4—

(7)

 Pursuant to

35

 Ill. Adm. Code 606.201,

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

 is not in compliance with the standard

in question

 if the previous quarterly sample

so

indicates.

 The notice shall

 state the average content

the

contaminant

question

samples

taken

since

the last notice period during which samples were taken.

(8)

 That Petitioner

 shall

 take all reasonable measures with

its existing equipment

 to minimize the level

of

contaminant

 in question

 in its finished water.

(9)

 That within forty—five days of the date of this Order,

Petitioner

 shall execute and forward

 to Wayne

L.

Wiemerslage,

 Enforcement Programs,

 Illinois

Environmental Protection Agency,

 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 Certification shall be as

follows:

CERTIFICATION

I,

 (We),

hereby accept

 and agree

 to be bound

 by all

 terms and conditions

of the Pollution Control Board

 in PCB 86—142 January

 8, 1987.

Petitioner

BY ______________________________

 Authorized Agent

Title

Date

IT

IS

 SO ORDERED.

74401

—5—

Board Member

B.

 Forcade concurred.

I,

 Dorothy

 M. Gunn,

 Clerk of the Illinois Pollution Control

Board, hereby certify that the ab~eOpinion and Order was

adopted on the

 !)~Z~day of

 1987, by a vote

of

~-o

Illino

Control

Board

74402