ILLINOIS POLLUTION CONTROL BOARD
April 16, 1987
VILLAGE OF MONTGOMERY,
Petitioner,
vs.
)
PCB 87—5
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
Respondent.
OPINION AND ORDER OF’ THE BOARD (by J Anderson):
This matter comes before the Board on the January 12, 1987
petition for variance filed by the Village of Montgomery
(Village). The Village seeks a four year variance from 35 Ill.
Adm, Code 602.105(a), Standards for Issuance, and from 35 Ill.
Adm. Code 602.105(b), Restricted Status, but only to the extent
those rules involve 35 Ill. Adm. Code 604.301(b) (combined
radium—226 and radiuin-228 concentration). On February 9, 1987,
the Illinois Environmental Protection Agency (Agency) filed its
Recommendation in support of grant of variance. Hearing was
waived and none has been held.
The Village of Montgomery, located in Kane County, provides
drinking water from its wells for a population of 3900
residential and 100 industrial and commercial utility customers
representing some 13,000 residents and some 100 industries and
businesses employing approximately 10,000 people. The water
supply system includes three deep wells, one shallow well, two
750,000 gallon elevated water storage tanks, pumps and
distribution facilities, The Village by ordinance imposed a user
charge.
By letter dated December 6, 1986, the Village was first
advised by the Illinois Environmental Protection Agency
(hereinafter “Agency”) that the maximum allowable concentration
of combined radium-226 and radium—228 was exceeded. The Agency
report indicated a combined radium—226 and radium—228
concentration of 11.1 pCi/i. The Agency’s report was apparently
based upon the analysis of a composite sample which was taken on
6/6/84; 9/26/84; 1/25/85 and 2/10/86. The Village states that
all previous radium sample analyses had shown the Village to be
in compliance, and the Agency Recommendation states that in
August 1985 the Agency had informed the Village that a sample
analysis (no date specified) indicated radium—226 levels of 4.0
and radium—228 levels of less than 1.0 pCi/l, The Village
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asserts that by telephone on December 23, 1986, the Agency
notified the Village that it was going to be placed on restricted
status. (Although the Agency states that notification was made
on January 8, 1987, the Board opines that the Agency may be
referencing a written notification.)
The Village has identified three possible compliance
options. The first would involve replacing existing deep
sandstone wells with shallow sand and gravel aquifer wells with
treatment for iron arid hardness removal, The estimated
construction cost is $2,500,000, and annual operation and
maintenance (O&M) costs are estimated to be $426,000/yr. The
estimated time for implementation is 4 years. The Village
estimates that the average cost per year to each of its 4,000
customers, would be $69 per year for 20 years to finance the
capital costs and $94 per year indefinitely for increased O&M
costs,* (See, Petition, Attachments 2a & 2b),
The Village is actively pursuing this option. The Village
has contracted at a cost of $5,000 with the Illinois State
Geological Survey to perform a “Shallow Groundwater Resource
Assessment” between September 1, 1986 and December 31, 1987, In
September, 1986 the Village also contracted with Layne Western
Co., at a cost of $44,907 for shallow sand and gravel aquifer
test consisting of a test well, three observation wells, and
aquifer test and hydrology services, (See Petition, Attachments
5—6)
The second option would involve replacing existing deep
sandstone wells with water from the Fox River, The estimated
construction cost is $2,500,000 and estimated O&M costs are
$426,000 per year. The estimated time for implementation 5
years. The Village estimates that the average costs per year to
each of its 4,000 customers would be $69 per year for 20 years to
finance the capital costs arid $107 per year indefinitely for
increased O&M costs. (See Petition, Attachments 3a & 3b).
The final option would involve construction of treatment
facilities to properly treat all water supplied by the wells.
Estimated construction costs are $2,800,000, and estimated O&M
costs are $376,000. The estimated time for implementation is 3
years. The Village estimates that the average cost per year to
each of its 4,000 customers would be $77 per year for 20 years to
finance the capital costs and $94 per year indefinitely for
increased O&M costs. (See Petition, Attachments 4a & 4b)
*
The Board notes that this record does not indicate whether the
average cost to its residential customers would be alleviated by
its commercial/industrial customers.
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The Village also notes that the two primary treatment
methods used for radium removal, lime or lime—soda softening and
ion exchange softening, each produce large quantities of sludge
in which the removed radium is concentrated, which can create
disposal and handling problems, Additionally, if an ion exchange
softener is regenerated with salt, the sodium content of the
finished water is increased, creating health risks for those with
hypertension or heart problems.
The Village asserts that denial of variance during the
period in which it is exploring compliance options would impose
an arbitrary or unreasonable hardship. The Village notes that
because it is on restricted status, the Agency cannot lawfully
issue permits for the following water main extensions:
a) Season’s Ridge Planned Unit Development to be
located North of By—Pass 30, South of the
Kendall County line, East of Rte, 25 and West
of Douglas Road, The development will consist
of 829 dwelling units with an estimated
population of 2,000 and a 30 acre commercial
development. Each house would have a separate
hookup to the proposed watermain.
b) Orchard Road watermain extension which would
connect the West Tank with the 12 inch
watermain at the intersection of Orchard Road
and Aucutt Road. The proposed extension would
serve
,
a new industry with an estimated 20
employees.
C)
Baseline Road Watermain Extension which would
extend from Lake Street to Blackberry Heights
subdivision, The extension would service 5
industries with 200 employees and up to 20
existing homes,
The Village has made no formal assessment of the effect of
this variance on the environment, although it refers the Board
and Agency to the testimony and exhibits presented by Richard E.
Toohey, Ph.D. and James Stebbings, Ph.D. both of the Argonne
National Laboratory, on July 30 and August 2, 1985 in R85—l4.
Proposed Amendments to Public Water Supply Regulations, 35 Ill.
Adm. Code 602.105 and 602,106. However, it is the opinion of the
Village that the granting of this variance for the limited time
period of the requested variance will not cause any significant
harm to the environment or to the people served by potential
water main extensions that would be allowed if this variance is
granted.
In its Recommendation, the Agency does not dispute any of
the Village’s contentions. The Agency believes that while
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radiation at any level creates some risk, the risk associated
with the level in the Village’s water is very low, The Agency
further believes an incremental increases 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 the limited population served by new water main
extensions for the time period of this recommended variance. The
Agency notes that the MAC for combined radium is currently under
review at the federal level, but also that the Agency does not
expect any proposal to change the standard before 1987 or early
1988.
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 that 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 MAC 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 affect only those users who
consume water drawn from any newly exteriaed 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 the
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.”
The Agency recommends a grant of variance with conditions
for the full four year term requested by the Village. The Agency
acknowledges that the Board could grant a short—term variance,
e.g. for 18 months, to allow the Village to accomplish its
studies and to prepare the Compliance Report, but the Agency
believes it is better that the Village be under an enforceable
compliance plan that requires compliance by a date certain. It
is the Agency’s position that this should greatly reduce the risk
of federal enforcement against Petitioner,
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Based on all of the facts and circumstances here presented,
the Board finds that denial of variance would impose an arbitrary
or unreasonable hardship.
The Board does not, however, believe that the grant of a
four year variance is appropriate in this case, and will instead
grant a twenty—two month variance, One reason is that based on
the information available to date, it is unclear whether
compliance could be achieved in four years. The Board notes that
the village estimates that it would take 4 years to achieve
compliance by replacing its deep wells with shallow wells, 5
years by replacing its deep wells with Fox River water, and 3
years by softening its deep well water, Given the fact that the
results of the shallow aquifer testing relative to the first
option will not be available before December, 1987, it would
appear likely that compliance could not be achieved within a four
year period if the Village is forced to begin investigation and
implementation of another compliance option in the event that no
suitable and sufficient shallow source can be developed. In this
event, the village would be required to seek extension of
variance.
Another reason is that, while the Board appreciates the
Village’s timely and good faith efforts towards compliance, the
Board believes that the Village’s situation merits review before
the end of four years. The doubling of the combined radium
reading between August, 1985 and December, 1986 leads the Board
to question whether both results are accurate. Moreover, in the
absence of data concerning production capability and the combined
radium levels in the Village’s one shallow and three deep wells,
as well as the nature of its distribution system, it is unclear
whether the village has as yet considered implementation of a
program of blending shallow water from its existing and/or
proposed wells to minimize the radium content of its finished
water, A twenty—two month variance will provide the Village 18
months in which to perform additional sampling and testing, to
complete its studies, to choose and commence a compliance option;
the four months added to this period provides for Board
deliberation of any timely filed petition for extension of
var lance,
This Opinion constitutes the Board’s findings of fact and
conclusions of law in this matter,
ORDER
1. Petitioner, the Village of Montgomery 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/i combined radium—226, radium—228
standard of 35 111. Adrn, Code 604.301(a), subject to the
following conditions:
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A) This variance expires on February 15, 1989, or at such
earlier time as either analysis pursuant to 35 Ill. Adm.
Code 605.105(a) shows that compliance with the radium
standard has been achieved or for failure by Petitioner
to file a variance petition pursuant to paragraph 1 (I)
of this Order;
B) The combined radium—226, radium—228 concentration of
water from the City’s distribution system shall not
exceed 12.0 pCi/l;
C) 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. i) As to sampling the 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 radium—226 and radium—228, The results
of the analyses shall be reported to the Water Quality
Unit, Division of Public Water Supplies, 2200 Churchill
Road, IEPA, Springfield, Illinois 62706, within 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, ii) As to sampling the raw water in
the wells, Petitioner shall follow the procedures
outlined in subparagraph i) above, except that only four
quarterly samples shall be collected and analyzed for
each well;
D) Within 12 months of the grant of the variance, the
Petitioner shall secure professional assistance (either
from present staff or an outside consultant) in
investigating compliance options, including the
possibility and feasibility of achieving compliance by
blending water;
E) Within 13 months of the grant of the variance, evidence
that such professional assistance has been secured shall
be submitted to the Agency’s Division of Public Water
Supplies, FOS, at 2200 Churchill Road, Springfield,
Illinois 62706;
F) Within 17 months of the grant of the variance, the
Petitioner shall complete investigating compliance
methods, including those treatment techniques described
in the Manual of Treatment Techniques for Meeting the
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Interim Primary Drinking Water Regulations, USEPA, May
1977. EPA—600/8—77—005, and prepare a detailed
Compliance Report showing how compliance shall be
achieved within the shortest practicable time; but no
later than five years from the date of this variance;
G) This Compliance Report shall be submitted within 18
months of the grant of this variance to IEPA, DPWS;
H) Within three months thereafter Petitioner shall apply to
IEPA, DPWS, Permit Section, for all permits necessary
for construction of installations, changes or additions
to the Petitioner’s public water supply needed for
achieving compliance with the maximum allowable
concentration for radium;
I) If compliance has not been earlier achieved, and if
Petitioner has not filed a variance petition on or
before October 15, 1988, this variance shall terminate;
3)
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, Adm, Code
602.105(a) Standards of Issuance and 35 Ill, Adm, Code
602.106(b) Restricted Status, as it relates to the
combined radium standard;
K) 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 combined
radium—226, radium—228 standard, The notice shall state
the average combined radium in samples taken since that
the last notice period during which samples were taken;
L) The Petitioner shall take all reasonable measures with
its existing equipment to minimize the level of radium
in its finished water, Petitioner shall make maximum
use of wells with water of low radium content, and to
the extent feasible shall blend this water with that
from wells with higher radium content;
M) The Petitioner shall provide written progress reports to
IEPA, DPWS, FOS every six months concerning steps taken
to comply with paragraph C and F. Progress reports
shall quote each of the above paragraphs and immediately
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below each paragraph state what steps have been taken to
comply with each paragraph.
2) Within forty—five days of the date of this Order, Petitioner
shall execute and forward to Thomas Davis, 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 the variance, This forty—five day period shall
be held in abeyance during any period that this matter is
being appealed. The form of said Certification shall be as
follows:
I, (We),
—,
having read the Order of
the Illinois Pollution Control Board in PCB 87—5, dated April 16,
1987, 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.
3,
D. Dumelle and B. Forcade dissented,
I, Dorothy M, Gunn, Clerk of the Illinois Pollution Control
Board, hereby cert,i~y,~thatthe above ~Opini,pnand Order was
adopted on the
/~I—
day of
__________________,
1987 by a
vote of
_________________.
~i.
~
Dorothy M. Gónn, Clerk
Illinois Pollution Control Board
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