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
    77-163

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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
    77-164

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