ILLINOIS POLLUTION CONTROL BOARD
April
7,
1988
LAKE COUNTY PUBLIC WORKS DEPARTMENT,
WILDWOOD SUBDIVISION WATER SUPPLY
SYSTEM,
Petitioner,
v.
)
PCB 87—107
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
Respondent.
OPINION AND ORDER OF THE BOARD
(by J.
Theodore Meyer):
This matter
is before the Board
on
a July 24,
1987 petition
for variance filed
by the Lake County Public Works Department
(County).
The County seeks
a variance
for the Wildwood
Subdivision water supply system, which the County owns and
operates.
The County requests
a
five—year variance
from 35
Ill.
Adin.
Code 602.105(a)
“Standards
for Issuance”
and from 35 Ill.
Adm.
Code 602.106(b)
“Restricted Status”,
to the extent these
rules relate
to
the 5.0 pCi/i
standard for combined
radium—226
~nd radium—228
(combined
radium) contained
in 35
Ill. Adm.
Code
604.301(a).
On August
6,
1987
the Board
found
the petition
deficient
for lack of sufficient information,
and
on September
4,
1987 the County filed
its first amended petition.
After this
filing,
the County consulted with the Illinois Environmental
Protection Agency (Agency), which asked
the County to provide
additional technical data.
In response
to the Agency’s request,
the County filed
its second amended
petition on December
17,
1987.
The Agency filed
its Recommendation
in support of grant of
variance, subject
to conditions,
on February 10,
1988.
Hearing
was waived,
and none has been held.
The Wildwood Subdivision
is located
in
an unincorporated
area of Lake
County, and has
a residential population of
8000.
The population of
the subdivision
is projected
to
increase
to
11,000 by the year 2000 and
to 15,000 by
2020.
The County owns
and operates the public water supply which serves the residential
population as well as commercial
and industrial
users.
Major
customers
of this supply include the College of Lake County and
the Area Vocational
School.
The water supply system consists of
three deep wells
(Wells
2,
4,
and 7), three shallow wells
(Well
3,
5, and 6), pumps,
storage
and distribution systems.
The
current average day demand
is approximately 572,000 gallons
(397
gallons per minute over
a 24—hour delivery period).
The current
SS—29
maximum day demand
is 1,172,000 gallons
(913 gpm over
a 24—hour
delivery period).
Well
2 is currently on standby
status,
and was
pumped
a total
of 67.6 hours and 83.7 hours
in June
1987 and July
1987, respectively.
By letter dated October
4,
1985,
the Agency advised
the,
County that
a composite
sample indicated that the Wildwood water
supply was
in violation of the 5.0 pCi/i combined radium 226 and
228 standard.
Sampling results showed radium—226 levels of
5.5
pCi/i
and radium—228
levels of less than 1.0 pCi/l.
On May 23,
1986,
the County filed
a petition
for variance from restricted
status
to
the extent that such status was based
on its violation
of the combined radium standard
of
35 Ill.
Adm.
Code
604.301(a).
On August
14,
1986,
the Board granted
such variance
until August
15,
1987,
in PCB 86—75.
Because
the variance granted
in PCB 86—75 expired without
the Wildwood water system coming into compliance with
the
combined
radium standard, the water supply system
is again
on
restricted
status.
This
prohibits the Agency from issuing
permits
for water main extensions
for six proposed and pending
developmental projects within Wildwood.
These developments
are:
a)
Woodland Hills
—
a development of townhomes,
consisting of
80
units of attached single family residences,
b)
Woodland Meadows
—
60 units of detached single family residences,
c)
Mariner’s Cove
—
200 units of detached single family residences,
d)
Country
Squire Village
—
250 units of multi—family apartments
in
conjunction with commercial development,
e) Dooley/Towne
Development
—
140 units of townhomes,
f) Tomessen Development
—
110 units of townhomes.
These 840 proposed housing
units are
projected
to require
an additional
total flow of 130 gpm or
187,200 gallons
per day over
a
24 hour delivery period.
COMPLIANCE PLAN
As
a condition of the previous variance
(PCB 86—75), the
Board directed the County
to secure professional assistance
in
investigating compliance options,
and
to submit
a report of those
options
to the Agency.
The County secured
the services of Morris
Environmental Engineering,
Inc., which prepared and submitted
the
compliance
report.
The County has included that report with the
instant petition for variance.
Although it
is not clear
in
the
record, the County apparently adopts
the conclusions and
recommendations
of that report.
In any event,
the Board
interprets
the inclusion of the compliance report,
without any
disclaimer, as an adoption of the report.
The report
rejects the
following compliance options:
a)
treatment
at point of use or
point of entry;
b)
alternate
water sources other than Lake
Michigan;
c)
lime softening;
d)
ion exchange softening;
and
e)
reverse osmosis.
Instead,
the compliance report recommends
a
two—phase program
for compliance
with the combined radium
standard.
The first phase would provide compliance
through
1995
88—30
—3—
by
a
blending
program.
The
second
phase
would
consist
of
the
delivery and use of Lake Michigan water.
The County states that
Lake Michigan water will
be available
to Wildwood by 1995.
Due
to the fragmented way
in which the County’s information
was submitted,
it
is difficult
to determine
the specifics of the
County’s blending plan.
Basically,
the plan involves blending
water
from Wells
4 and 7,
which have high radium concentrations,
with water
from the three wells with low radium concentrations
(Wells
3,
5,
and 6)
and water
from two new shallow wells.
These
new shallow wells would pump 200 gpm,
and would be located
adjacent
to existing Wells
2 and
4.
As set forth by the Agency,
the County proposes the following
plan:
a.
Water
from Wells Nos.
3 and 7 would be blended with
static mixers, with Well
No.
7 throttled or modified
to
discharge at
140 gpm (maximum radium concentration)
or
252 gpm (average radium concentration).
b.
Well No.
4 would be throttled
to 162 gpm (maximum RC)
or
270 gpm (average RC),
and water
from Well No.
4 would
be
blended with static mixers with
a proposed 200 gpm
shallow well
to be installed at the Well No.
4 site.
c.
Either Well No.
5
or Well No.
6 would be used.
d.
Pump controls respectively
for Well
No.
3 and Well
No.
7
and Well No.
4 and the proposed shallow well would
be
interlocked
to prevent
the operation of Well No.
7 and
Well
No.
4 when either Well No.
3
or the new shallow
well
is out of service.
This blending plan
is the
third
call
in the following pumping
and
blending
sequence:
a.
First Call
———
Wells No.
3,
5 or
6
b.
Second Call
———
Wells No.
3,
5 or
6 and
7
c.
Third Call
———
Wells No.
3,
4,
5
or
6,
7 and
a new
shallow well
d.
Fourth Call
———
Wells No.
3,
4,
5 or
6,
7 and
two new
shallow wells
This County currently uses these
first and second
calls
to meet
its average day demand,
and uses the third call (with the
exception of the proposed shallow well)
to meet current maximum
day demand.
The County projects that this blending method would
produce
a total capacity of 992 gpm
(1.43 million gallons per day
(MGD)) with an estimated combined radium concentration
(CRC)
of
4.49 pCi/i
in the distribution system,
under average radium
concentrations
in Wells
4 and
7.
Under maximum CRC
in Wells
4
and 7,
the County estimates
that the blending plan will produce a
total capacity of 772 gpm
(1.11 MGD)
with an estimated CRC of
88—31
—4--
4.35 pCi/i
in
the distribution system.
The County apparently
does not plan
to
use
the fourth call,
with the second new well,
until
2000.
It
is not stated when
the second well
is to be
constructed.
The County calculates that the
total capital
cost to
implement
the blending plan
is $248,000.
The estimated annual
cost,
including energy,
maintenance, chemicals,
and labor expense
is $54,000.
It
is unclear whether these estimates include the
costs of the second shallow well
at the Well
2 site.
The
addition of
the shallow well at the Well
4 site will
take
approximately
14 months
to complete,
from the preparation of the
preliminary design
through final
construction.
The Agency believes that the blending plan has
“a
reasonable
chance of success
if
the
County
maintains proper control of all
wells.”
Agency Rec.
at
16.
The Agency particularly states that
the County must insure that water
from Wells
4 and
7
is properly
blended before
those wells are activated.
However,
the Agency
does express several concerns about
the proposed blending plan.
First, the Agency notes that the
radium concentration appears to
increase with higher pumping rates,
and thus recommends
that the
maximum CRC be used to establish
the blending
rate from Wells
4
and 7,
rather than the average CRC suggested by the County.
The
Agency does not dispute the County’s estimates that the third
call blending sequence would result
in levels of combined radium
less than
the 5.0 pCi/l standard whether blended
at average CRC
(4.49 pCi/l)
or maximum CRC (4.35 pCi/i).
This concern leads to
the second
issue raised by the Agency:
that the total
capacity
of the third call blending sequence under maximum CRC
(772 gpm)
will not meet the projected maximum day demand
in 1995
(819
gprn).
Therefore,
the Agency states that the County should be
able
to meet the 1995 maximum day demand
through the fourth call
by 1995
instead of
2000.
The Board recognizes these
two concerns raised by
the
Agency.
However, since figuring
the blending rates on either
average CRC or maximum CRC will
result in levels of combined
radium less than the 5.0 pCi,’l standard,
the Board
feels that the
County should be given the flexibility to meet that standard
in
the manner
in which
it sees
fit.
The County is cautioned,
of
course, that
it must accomplish both goals: meet the combined
radium standard while providing sufficient total
capacity to meet
maximum day demand.
The second phase of
the County’s compliance plan
is the
delivery and use of Lake Michigan water
by 1995.
On February
28,
1981,
the County received
a Lake Michigan Allocation Permit,
effective from 1985 through
2020.
In April
1982,
the County and
six municipalities established the Central Lake County Water
Supply Committee.
The County states that it has contributed
a
total of
$45,000 to
the committee and
its successor,
the Central
8$—32
—5—
Lake County Joint Action Water Agency (JAWA).
JAWA
has retained
engineers
to evaluate
long
term alternatives
for obtaining Lake
Michigan water, and has hired
a financial consultant
to assist
in
implementing the Lake Michigan water
allocation.
The members of
JAWA are considering
an Interim Water Supply Contract which would
authorize
the issuance of $4,250,000
in revenue notes
to
finance
the design
of
a system to deliver Lake Michigan water
to control
Lake County,
including Wildwood.
The County states that Lake
Michigan water
will be available to Wildwood by 1995,
and perhaps
earlier.
The construction of
facilities
to receive
Lake Michigan
water has an estimated
total capital
cost of $3,290,000.
ENVIRONMENTAL IMPACT
The County has not made any
formal assessment of the effect
of
the requested variance on the environment, hut refers both the
Board
and
the Agency
to the testimony and exhibits presented by
Richard
E.
Toohey,
Ph.D.
and James Steffings,
Ph.D.,
both of the
Argonne National Laboratory, on July 30 and August
2,
1985,
in
R85—14,
Proposed Amendments to Public Water Supply Regulations,
35
Ill.
Adm.
Code 602.105
and 602.106.
The County does state its
belief that the granting
of this variance will not cause any
significant harm
to the environment or
to the people served by
potential
water main extensions.
The Agency states that while radiation at any level creates
some risk,
the risk associated with this level
is very low.
The
Agency notes that
the maximum allowable concentration for
combined radium is currently under
review at the federal
level,
but states that
it does not expect any proposal
to change
the
standard
in
1988.
In
sum,
the Agency believes that an
incremental increase
in combined radium should cause no
significant health risk
for the limited population served by new
water main extensions
for the time period of
the recommended
variance.
HARDSHIP
The County contends that it would
suffer
an arbitrary and
unreasonable hardship if the variance
is denied.
The County
points out that all construction
in the Wildwood area which
requires extension of the water supply system would be halted.
Furthermore,
the County maintains
that
the construction
of
treatment facilities would be
impractical due
to the cost,
especially
in view of the County’s on—going plan
to convert
to
Lake Michigan water.
The County asserts that any special
treatment
facilities which would be built would
be rendered
useless by the conversion
to Lake Michigan water.
The Agency states
that in light of the cost of treatment of
the current
water
supply, the likelihood of
no significant injury
to
the public from continuation of the present
level
of combined
8 8—33
—6--
radium
for
the period
of the variance,
and
the “possibility”
of
compliance with the combined radium standard through blending,
it
concludes
that
denial
of
the
variance
would
impose
an
arbitrary
or
unreasonable
hardship
on
the
County.
CONC LUS IONS
As previously stated
in
PCB
86—75,
the
Board
finds
that
the
County would
incur
an arbitrary or unreasonable hardship if a
variance
is not granted.
The County’s two—phase compliance plan
should lower
the combined radium concentration of the water
supply
system
to
a
level
below
the
5.0
pCi/l
standard.
Therefore,
the Board will grant
the requested five—year variance,
subject
to conditions.
However, the Board will tighten
the
interim deadlines suggested by the Agency.
For example,
the
record contains no reason why the County should wait two years
before applying
to the Agency for construction permits
for its
blending program.
The Board wishes
to stress that this variance
is granted on the condition that the County make all efforts at
compliance through the blending
plan.
The County is not
to delay
initiation of the blending plan
while waiting
for Lake Michigan
water.
This
Opinion
constitutes
the
Board’s
findings
of
fact
and
conclusions
of
law
in
this
matter.
ORDER
The Lake County Public Works Department
(County), Wildwood
Subdivision Water Supply System,
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 the
combined radium—226
and radiurn—228 standard of
35 Ill. Mm.
Code
604.301(a),
subject to the following conditions:
1.
This variance expires on April
7,
1993,
or when analysis
pursuant to 35
Ill.
Adm. Code 605.105(a)
shows
compliance with the standard for combined
radium,
whichever occurs first.
2.
In consultation with the Agency, the County 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, the County
shall collect quarterly samples of its water
from its
distribution system, at
the same designated
locations
each quarter, shall composite
the quarterly samples for
each specified 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.
88—34
—7—
The
results
of
the
analyses
shall
be
reported
to
the
Compliance
Assurance
Section,
Division
of
Public
Water
Supplies,
IEPA,
2200
Churchill
Road,
Springfield,
Illinois
62794—9276,
within
30
days
of
receipts
of
each
analysis.
At
the
option
of
the
County,
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
quarterly
sample.
3.
The County shall continue
to take all necessary steps
to
obtain Lake Michigan water by 1995
and
shall:
a)
participate actively in the Central Lake County
Joint Action Water Agency;
b)
pay all costs
and contributions associated with its
efforts
to
obtain
Lake
Michigan
water;
c)
negotiate with shoreline municipalities
to acquire
Lake
Michigan
water;
d)
assist retained consultants and engineers to
implement
the
Lake
Michigan
water
system.
4.
Within nine months of grant of the variance, unless
there has been
a written extension by the Agency,
the
County shall apply to IEPA,
DPWS,
Permit Section,
for
all
permits
necessary
for
construction
of
modifications
and additions to Wells No.
2,
4 and 7 and installation
of shallow wells at the sites of Wells
Nos.
2 and 4
and
other installations, changes or additions
to
the
County’s public water supply needed
for achieving
compliance with the standard for combined radium.
5.
Within three months after each construction permit
is
issued by IEPA,
DPWS,
the County shall advertise for
bids,
to be submitted within 60 days,
from contractors
to do the necessary work described
in
the construction
permit.
The County shall accept appropriate bids within
a reasonable
time.
The County shall notify IEPA,
DPWS,
within 30 days,
of each of the following actions:
1)
advertisements for bids,
2)
names of
successful bidders,
and 3) whether
the County accepted the bids.
6.
Construction allowed on said construction permits shall
begin within
a reasonable time of bids being accepted
accepted, but
in any case, construction of all
installations, changes or
additions necessary to achieve
compliance with the standard for combined radium
shall
begin
rio
later than two years
from the grant of this
88—35
—8—
variance and shall
be completed no
later
than three
years
from the grant of this variance.
7.
Failure
to
meet
any
of
the
dates
in
paragraphs
4,
5
and
6
shall
result
in
termination
of
this
variance.
8.
Pursuant
to
35
Ill.
Mm.
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,
the
County
will
send
to
each
user
of
its
public
water
supply
a written notice to the
effect
that
the
County
has
been
granted
by
the
Pollution
Control
Board
a
variance
from
35
Ill.
Adm.
Code
602.105(a)
Standards
of
Issuance
and
35
Ill.
Adm.
Code
602.106(b)
Restricted
Status,
as
it
relates
to
the
standard
for
combined
radium.
9.
Pursuant
to
35
Ill.
Mm.
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,
the
County
will
send
to
each
user
of
its
public
water
supply
a written notice to the effect
that
the
County
is
not
in
compliance
with the standard
for
combined
radium.
The
notice
shall
state
the
average
content
of
combined
radium
in
samples taken since the
last notice period during which samples were taken.
10.
Until
full compliance
is reached,
the County shall
take
all reasonable measures with its existing equipment
to
minimize the level of contaminant
in question
in its
finished drinking water.
11.
The County shall
provide written progress reports to
IEPA,
DPWS,
FOS every six months concerning
steps taken
to comply with paragraphs
3,
4,
5,
6, and 9.
Progress
reports shall quote each of said paragraphs and
immediately below each paragraph state what steps have
been
taken
to comply with each paragraph.
12.
Within 45 days after
the date of this Opinion and Order
the
County
shall
execute
and
send
to:
Illinois
Environmental
Protection
Agency
Attention:
Jose
L.
Gonzalez,
Jr.
Enforcement
Programs
2200
Churchill
Road
Springfield,
Illinois
62794—9276
a
certificate
of
acceptance
of
this
variance
by
which
it
agrees
to
be
bound
by
the
terms
and
conditions
contained
herein.
This
variance
will
be
void
if
the
County
fails
to
execute
and
forward the certificate within the 45
day
88—36
—9—
period.
The 45 day period
shall be
in abeyance for any
period during which the matter
is appealed.
The form of
the certification shall be as follows:
CERTIFICATION
I,
(We), ___________________________,
having read the
Opinion and Order of the Illinois Pollution Control
Board,
in PCB
87—107, dated April
7,
1988,
understand
and accept
the said
Opinion and Order,
realizing that such acceptance renders all
terms
and conditions thereto binding and enforceable.
Petitioner
By:
Authorized Agent
Title
Date
13.
Section 41
of the Environmental Protection Act
(Ill.
Rev.
Stat.
1985,
ch.
lll~/2, 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.
J.
0.
Dumelle
and
B.
Forcade
dissented.
I,
Dorothy
M.
Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the abov
Opi,nion and Order was
adopted
on the
71Z
day
of
_____________________,
1988, by a
vote of
~
~7.
4
Dorothy
M.
Gu,y~n, Clerk
Illinois
Pollution
Control
Board
88—37
