ILLINOiS POLLUTiON CONTROL BOARD

July 16, 1987

CITY OF OGLESBY,

Petitioner,

)

PCB 87—37

ILLINOIS ENVIRONMENTAL     

)

PROTECTION AGENCY,

Respondent.

OPINION AND OhDLR OF THE BOARD (by 3. D. Dumelle):

This matter comes before the Board on the March 20, 1987

petition for variance filed by the City of Ogiesby (Oglesby)..

Oglesby seeks a five year variance from 35 Ill. Adm. Code

602.105(a), Standards for Issuance, and from 35 Iii. Adm. Code

602.106(b), Restricted Status, but only to the extent those rules

involve 

35

Iii. Adm. Code 604.301(b) (combined radium—226 and

radiujn—228 concentration). On April 27, 1987, the Illinois

Environmental Protection Agency (Agency) filed its hecommendation

in support of grant of variance. Hearing was waived and none has

been held.

The City of Oglesby, located in LaSaile Count~i, provides

drinking water from its wells for a population of 4,000

residential and 150 industrial and commercial utility customers

representing some 8,000 residents and some 150 industries and

businesses employing approximately 3,000 people. The water

supply system includes two deep wells, two treatment plants,

(iron removal and softening) pumps and distribution facilities.

The system is provided to all users. The City by ordinance

imposeo a user charge.

By letter dated August 

23,

19?i, the City was first advised

by the Agency that the maximum allowable concentration of

combined rac~ium-226 and radium-22b was exceeded. The Agency

report indicated a combined radium-226 and radium—228

concentration of b.0 pCi/i, exceeding the 

5

pci/i standard. The

Agency’s report was apparently based on the analysis of a

composite of four consecutive quarterly samples. Oglesby was

placed on the April, 1986, Restricted Status List for its

exceedances of the combined radium levels.

Oglesby states that prior to November 1981, it used a water

softening process within 

its

water distribution system. Because

of concern over excessive amounts of sodium being added to the

water, Oglesby elected to reduce the sodium content by removing

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the water softening process. Oglesby was unaware until August

23, 1985, that, as a result, concentrations of combined radium-

226 and radium—228 exceeded allowable limits. After receiving

notice of the exceedances and its placement on Restricted Status,

Oglesby sought Lcientific data and analyses to resolve the

problem concerning the excessive combined radium—226 and radium—

28 in its water and determined that the radium level could be

reduced through the reemployment of its water softening system.

Oglesby, believing this to be the best and most economical

treatment method available, reinstituted its water softening

process, treating the water through ion exchange using common

zeolite resins, and has determined by subsequent testing that the

water softening system has reduced the amount of radium to a

combined radium—226 and 228 level of less than 3.9 

0.1 pCi/l.

being less than the amount determined to be unsafe under the Safe

Drinking Water Act.

Oglesby requests variance for five years from grant of

variance or until the Agency accepts the data demonstrating that

Oglesby is in compliance with the sate Drinking hater Act.

Oglesby asserts that denial of the variance during the period of

time required for it to establish proof that the public water

supply has been modified and operated so as not to cause a

violation of Board rules would impose an arbitrary or

unreasonable hardship. Oglesby notes that because it is on

restricted status, the Agency cannot lawfully issue permits for

the following water main extensions:

a)  Hickory Hills Subdivision, located at 500 W. Clark

Street, Oglesby, Illinois, consisting of 40 single

family residences, with an expected population of 160

persons. Each house would have a separate hookup to

the proposed water main.

b)  All real estate recently annexed to the City and

located at the tar west portion of the City consisting

of approximately 640 acres.

Apparently, no formal assessment of the environmental impact

has been made. However, Oglesby is of the opinion that there

will not be a negative impact on human life in the affected area

as a result of the issuance of this variance. The Agency, in its

Recommendation, notes that while radiation at any level creates

some risk, the risk associated with the level in Oglesby’s water

is very low. Also, the Agency notes the testimony presented by

Richard E. Toohey, Ph.D., of Argonne national Laboratory, on June

25, 1985 in PCB 85-54, the Aurora variance hearing, and in the

hearings for the Agency rules change proposal R85-l4. The Agency

believes that an incremental increase in the maximum allowable

concentration (MAC) for radium even up to a maximum of four times

the current 5 pCi/i should cause no significant health risk for

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the limited population served by new water main extensions for

the time period of this recommended variance.

Oglesby alleges, and the Agency concurs, that the Board may

grant the recommended relief consistent with the Safe Drinking

water Act (42 U.S.C. 300 (f)) and the USEPA Drinking hater

Regulations.

The Agency’s conclusion is that:

“the hardship resulting from denial of the

recommended variance from the effect of being

on Restricted Status would outweigh the

injury of the public from grant of the

variance.  In light of the cost to the

Petitioner of treatment of its current water

supply, the likelihood of no significant

injury to the public from continuation of the

present level of the contaminant in question

in the Petitioner’s water for the limited

time period of the variance, and the

possibility of compliance with the AMC

standard 

...

the Agency concludes that denial

of a variance from the effects of Restricted

Status would impose an arbitrary or

unreasonable hardship upon Petitioner.

The Agency observes that this grant of

variance from restricted status affects only

those users who consume water drawn from any

newly extended water lines. This variance

should 

not affect the status of the rest of

Petitioner’s population drawing water from

existing water lines, except insofar as the

variance by its conditions may hasten

compliance. Grant of variance may also, in

tne interim, lessen exposure for that portion

of the population which will be consuming

more effectively blended water. In so saying,

the Agency emphasizes that it continues to

place a high priority on compliance with the

radium standards.”

Based on all the facts and circumstances here presented, the

Board finds that denial of variance would impose an arbitrary or

unreasonable hardship.

The Board notes, however, that the Agency recommended a

grant of variance with conditions for the full five year term.

Oglesby’s petition for variance requested the variance “for five

years from grant of variance or until the Agency accepts the

data demonstrating Oglesby is in compliance witn the 

Safe

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Drinking hater Act.” Once compliance is attained which satisfies

the Agency, Oglesby will be taken off the Restricted Status List

and the variance will be rendered unnecessary. Therefore the

Board will grant the variance for five years or until

satisfactory compliance is achieved, subject to the conditions

listed below. Finally, the Board notes Oglesby’s correct concern

about excessive amounts of sodium added to the water. Excessive

amounts of sodium can be harmful to human health. Therefore, the

sooner Ogiesby determines precisely the amount of water softening

necessary to maintain allowable concentrations of radium-226 and

radium-228, the better for Oglesby’s residents.

This Opinions constitutes the Board’s findings of fact and

conclusions of law in this matter.

ORDER

Petitioner, the City of Oglesby, 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 5 pCi/l combined radium-226 and radium-228 standard

of 35 Ill. Adm. Code 604.301(a), subject to the following

conditions:

1.  This variance expires on June 24, 1992, or at such

earlier time as analysis pursuant to 35 Ill. Adm Code

605.105(a) shows that compliance with the radium

standards has been achieved;

2.  Oglesby shall continue to employ its water softening

process, treating the water through ion exchange using

common zeolite resins, to achieve compliance with the

radium standards.

3.  In consultation with the Agency, Oglesby 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, Oglesby

shall collect quarterly samples of its water from its

distribution system. shall composite and shall analyze

them annually by a laboratory certified by the Sate 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

Compliance Assurance Section, Division of Public hater

Supplies, 2200 Churchill Road. IEPA, Springfield,

Illinois 62794—9276, within 30 days of receipt of each

analysis. At the option of Oglesby, 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.

79.130

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4.  Within four months of the grant of the .variance,

Petitioner shall complete investigating compliance

methods, including those treatment techniques described

in the Manual of Treatment Techniques for Meeting the

Interim Primary Drinking Water Regulations, USF~PA, May

1977, EPA—600/8-77-005, and submit to IEPA, DPWS, a

detailed Compliance Report showing how compliance shall

be achieved within the shortest practicable time, but

no later then five years from the date of this

var lance.

5.  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, Oglesby 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. Adm.

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.

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 Order, whichever occurs first, and every three

months thereafter, Oglesby 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. The notice shall state the average

content of the contaminant in question in samples taken

since the last notice period during which samples were

taken.

7.  Oglesby shall take all reasonable measures with its

existing equipment to minimize the level of contaminant

in question in its finished water.

8.  Oglesby shall provide written progress reports to the

Agency, Division of Public hater Supplies, Field

Operations Section every six months concerning steps

taken to comply with paragraph E. Progress reports

shall quote said paragraph and immediately below said

paragraph state what steps have been taken to comply

therein.

9.  within forty—five days of the date of this Order,

Oglesby shall execute and forward to Thomas Davis,

Enforcement Programs, Illinois Environmental Protection

Agency, 2200 Churchill Road, Springfield, Illinois

62794-9276, a Certificate of Acceptance and Agreement

to be bound to all terms and conditions of this

79.131

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variance. This forty-five day period shall oe held in

abeyance for any period this matter if being appealed.

I, (We) The City of Oglesby, having read the Order of the

Illinois Pollution Control Board, in PCB 87-37, dated June 25,

1987, understand and accept the said Order, realizing that such

acceptance remedies all terms and conditions thereto binding and

enforceable.

Petitioner

By: Authorized Agent

Title

Date

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the above Opinion and Order was

adopted on the   

day of 

1987 by a vote

of

____________.

~7.

Dorothy M. L~unn, Clerk

Illinois Pollution Control Board

79. 132