ILLINOIS POLLUTION CONTROL BOARD
    August 21,
    1980
    VILLAGE OF BENSENVILLE,
    )
    Petitioner,
    v.
    )
    PCB
    80—51
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by J.
    Anderson):
    This matter comes before the Board on the Village of
    Bensenville’s petition for variance filed March 28,
    1980 and
    amended May
    2,
    1980.
    The petition seeks variance from the 15 pico
    curies per liter
    (pci/i)
    gross alpha particle limitation of Rule
    304(C)(1) of Chapter
    6:
    Public Water Supply
    (Chapter 6).
    On
    June 26,
    1980 the Environmental Protection agency
    (Agency) recom-
    mended that variance with conditions be granted until January
    1,
    1983.
    Petitioner originally requested a hearing, but pursuant to
    a subsequent waiver none has been held.
    The Village of Bensenville
    (Village),
    is
    located in
    northeastern DuPage County and to
    a limited extent in western
    Cook County.
    The Village owns and operates a public water supply
    and distribution system serving its approximately 14,000 permanent
    residential and other users, and the approximately 12,000 non-
    residents employed in local industries.
    The average daily demand to the Village~ssystem
    is
    2.2
    million gallons a day
    (mgd); the peak demand is approximately
    3
    to 3.5 mgd.
    This demand
    is currently met by three existing deep
    wells
    (Wells
    2,
    3,
    4
    which draw water from a common deep aquifer.
    A fourth well (Well
    5) has recently been abandoned because of
    recurring operating problems, and Well
    2 was shut down for repairs
    and anticipated to be in service in late spring or summer,
    1980.
    These shutdowns have reduced the Village’s pumping capacity by
    over 50.
    Together, Wells
    3 and 4 could have difficulty in
    meeting peak demand; neither alone could meet the average daily
    demand
    (Am. Pet. 2~3; 8 Rec.
    1—2).
    In October of 1979, the Village received Agency—issued
    construction permits for two additional deep
    (1900 foot)
    wells
    (numbered
    6 and
    7), which would draw from the same aquifer as
    Wells
    2,
    3,
    4 and 5.
    It was advised by the Agency that no operation
    permits could be issued,
    as the wells might violate Chapter
    6,
    until
    either
    a) the Board issued a variance from its radium standards,
    or b) the Village made a commitment to meet those standards.
    The
    2
    Village now seeks variance in order to qualify for construction
    and operating permits for water main extensions and for additional
    construction and initial operating permits for Wells
    6 and
    7,
    and
    also to continue operating Wells
    2,
    3,
    4.
    The Agency’s analysis for gross alpha particle activity of a
    sample taken from the Village’s distribution system March
    28,
    1979 showed activity of 18.2 pCi/l ±4.5 pCi/i;
    a sample taken
    June 17,
    1979 showed activity of 13.2 pCi/i
    (sic),
    Agency records
    disclose considerably higher activity levels in single samples
    taken in 1975 from Well
    2
    (32.0 ±7.1 pCi/i), Well
    3
    (46.5 ±4.1
    pCi/i), Well
    4
    (43.0 pCi/i)(sic), and Well
    5
    (40.0 ±6.1 pCi/l).
    The Agency admits that it is difficult to reconcile the 1975
    results with those of 1979,
    and that this discrepancy confirms
    the need
    for additional and regular sampling and radiological
    analysis.
    No tests have yet been done for radium 226 and 228
    (Rec.
    4).
    While
    the Board agrees that further tests are needed to
    determine more precisely the
    level of radiation in Petitioner’s
    water supply, the Board finds that the 1975 and 1979 test results
    are sufficient to indicate non-compliance with Rule 304 and thus
    the
    need for variance relief.
    (See City of Rolling Meadows v.
    EPA,
    PCB 80—70, July 14,
    1980,
    interpreting Rule 309.)
    There are four known methods of reaching compliance with
    radium standards.
    Bensenville’s prospects for using the first of
    these, dilution of deep well water with water obtained from
    shallow wells from a shallow aquifer,
    “are not very favorable,”
    according to the Illinois State Water Survey, due to the area’s
    geological characteristics
    (Pet.
    Ex.
    4,
    Rec.
    3).
    The second and
    third involve the use of a zeolite or lime softening treatment.
    Zeolite softening is discouraged by the Agency because of the
    lack of Illinois disposal
    sites for the waste product generated
    and because of “the likelihood that USEPA will promulgate a
    sodium standard in the reasonably near future”
    (Rec.
    4).
    This
    method also is costly.
    Petitioner estimated a cost of $200,000
    per well,
    and cited Agency estimates of $150,000 to $400,00 per
    well for similar facilities plus the cost of out—of—state waste
    disposal.
    Lime softening is even more expensive, and there are
    also waste disposal problems.
    Lime softening
    is, however, favored
    by the Agency if another source of water
    is unavailable
    (Pet.
    5—6,
    Rec.
    4).
    The fourth compliance method is development of a replacement
    water supply,
    The Village has taken steps in this direction.
    The Village has already obtained one full allocation of Lake
    Michigan water sufficient to remove their present dependence on
    well water; the Division of Waterways of the Illinois Dept. of
    Transportation has recommended that the Village obtain another
    full allocation, and the Village intends to do so this summer,
    Bensenville
    is also a member of the DuPage County Water Commission
    and has participated in the Commission’s study of alternative
    means of delivering Lake Michigan water to DuPage County sites.
    3
    Currently it is projected that the most optimum completion date
    of the transport system ultimately selected will be late 1983
    (Pet.
    6—7).
    The costs for the various proposed regional systems
    range from $46--421 million
    (Am.
    Pet.
    6).
    The Agency confirms Bensenville’s membership in the regional
    water commission,
    and suggests that variance be granted until
    January 1,
    1983,
    in accord with Section 14(a)(2)(b)
    of the Safe
    Drinking Water
    Act, which allows exemptions until that time for
    water systems which have entered into an enforceable agreement to
    become part of a regional water system
    (Rec.
    3).
    Finally,
    the Agency states that “any health threats to
    consumers” are
    “at worst minimal and would be long range in their
    effect if there
    is any effect at all”
    (Rec.
    4, and Attachment A).
    Variance is granted until January
    1,
    1983.
    The Board finds
    that the public health risks of this relatively short variance
    are
    low.
    The costs of immediate compliance through blending or
    softening treatments are high,
    and Bensenville’s need for immediate
    new well water sources
    is great.
    Bensenville will be required to
    continue to pursue the Lake Michigan allocation and transport
    alternatives, and to contact the Agency twice yearly regarding
    the availability of landfill sites able to accept the wastes
    generated by the lime softening process.
    Bensenville will also
    be required to continue testing its current water supply and to
    periodically advise system users of this variance.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    Petitioner, the Village of Bensenville,
    is granted variance
    from the 15 pCi/l gross alpha particle activity limitation of
    Rule 304(C) (1) of Chapter
    6:
    Public Water Supplies, until January
    1,
    1983,
    subject to the following conditions:
    1.
    Petitioner shall,
    in consultation with the Agency, con-
    tinue 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,
    2.
    Petitioner
    shall contact the Agency twice yearly to learn
    which Illinois landfill sites
    if any are able to accept
    wastes generated
    by
    the lime softening process.
    3.
    Petitioner shall continue its efforts
    to receive a Lake
    Michigan water allocation and shall report quarterly to
    the Agency as to the progress of its efforts.
    4
    4.
    Petitioner shall provide notice of this variance to its
    customers in writing at least once every three months
    in accordance with Chapter 6,
    Rule 313(D) (1).
    5.
    Within forty—five days of the date of this Order,
    Petitioner
    shall execute and forward to the Illinois Environmental
    Protection Agency, Division of Public Water Supplies,
    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:
    CERTIFICATION
    I,
    (We),
    ,
    having read
    and fully understanding the Order in PCB 80—51, hereby accept that
    Order and agree to be bound by all of its terms and conditions.
    SIGNED ______________________________
    TITLE
    _____________________________
    DATE
    ______________________________
    IT IS SO ORDERED.
    Mr. Dumelle concurs.
    I,
    Christan
    L.
    Moffett, Clerk of the Illinois Pollution Control
    Board,
    hereby certify that th
    above Opinion and Order were adopted
    on the
    ~
    day of
    __________,
    1980 by a vote of
    _____
    Illinois Polluti
    Board

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