ILLINOIS POLLUTION CONTROL BOARD
March 19, 1987
NORTH SUBURBAN PUBLIC
)
UTILITY COMPANY,
Petitioner,
V.
)
PCB 86—199
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
OPINION AND ORDER OF THE BOARD (by R. C. Fleinal):
This matter comes before the
Board on the
petition for
variance filed on November 12, 1986, as amended December 1, 1986,
by North Suburban Public Utility Company (“Company”). The
Company seeks a five year variance from 35 Ill. Adm. Code
602.105(a) “Standards For Issuance” and 602.106(b) “Restricted
Status” to the extent those rules relate to the exceedence by the
Company’s public water supply of the 5 pCi/i combined radium—226
and radium—228 standard of 35 Ill. Adm. Code 604.301(a). On
January 6, 1987, the Illinois Environmental Protection Agency
(“Agency”) filed a Recommendation in support of grant of variance
subject to conditions.
Hearing was waived and none was held.
The Company provides potable water supply and distribution
for a population of 10,000 residential and 1,000 industrial and
commercial utility customers representing some 42,000 residents
of unincorporated portions of Maine Township, Cook County,
Illinois. Petitioner acquired the subject water system from the
Domestic Utilities Service Company (“DUSCO”) of Glenview,
Illinois, on September 25, 1986.
The Company currently draws water from three deep wells, as
follows:
Place in Gallons
Well No. Depths
Operation Per Minute Location
1
1415 feet
1957
950
Central &
Milwaukee
2
1402 feet
1961
1250
Lot 315
Harr ison
3
1423 feet
1975
1075
Lot 126
Victor
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DUSCO had been first advised of the high radium content in
its water supply by letter from the Ageny dated November 16,
1984, and been first notified of placement on restricted status
by letter from the Agency dated February 18, 1985. The Agency
based its determination on analyses showing a radium—226 content
of 4.9 pCi/i and a radiuxn—228 content of 4.5 pCi/i, for a
combined content of 9.4 pCi/I. Subsequent analyses by the
Agency, reported in August 1986, showed that radium—226 was 5.1
pCi/i and radium—228 was 2.7 pCi/l, for a combined total of 7.8
pCi/i. Independent distribution system samples collected on
August 30, 1986, and provided by Petitioner show the following
results:
Location
226
228 Combined
Well 1
4.1
4.2
8.3
Well 2
5.3
5.2
10~.5
Well 3
5.9
4.1
10.0
The Company currently holds a Lake Michigan water allocation
in the amount of 2.5 MGD effective in accounting year 1981 and
escalating to 4.0 MGD effective in accounting year 2020.
However, it does not currently have means of transmitting the
water from the lake to its service area.
The Northwest Water Commission (“Commission”) has recently
completed a transmission line that brings Lake Michigan Water
through the Company’s service area. The Company asserts that the
Director of the Commission has indicated that excess water
appears to be available from this main and that the Commission
would be willing to consider accepting Petitioner as a customer
by October, 1987. At the present time, it is the Company’s
intention to negotiate a water purchase agreement with the
Commission. Connection to the system is projected by late
1989. Upon connection, it is Petitioner’s immediate intent to
use approximately 1 MGD of Lake Michigan water blended with well
water supplies.
The Company also intends to phase out use of the well
supplies as the Lake Michigan water becomes available. It
further intends, consistent with Illinois Department of
Transportation requirements, to completely convert from deep
wells to Lake Michigan water within five years of initially using
the Lake Michigan water. If connection to the Commission system
proceeds according to schedule in 1989, the complete change over
to Lake Michigan water would thus occur by 1994.
Petitioner contends that blending of its well water with
Lake Michigan water will allow it to come into compliance with
the combined radium standard. Similarly, complete conversion to
use of Lake Michigan water will eliminate the radium problem.
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The Company believes that it has no reasonable alternative
methods of compliance other than connection to Lake Michigan
water. The two principal methods of treatment involve lime—soda
softening and ion exchange. Both methods concentrate radium in
the sludge, causing waste disposal and handling difficulties and
expenses; the ion exchange method also concentrates sodium in the
finished water, which can pose health risks to persons with
hypertension or heart problems. Moreover, both methods require
combining all raw water supply at one location for treatment, and
the Company’s existing water supply system has no central
treatment plant. The Company contends that, because its three
wells are located in high density residential and commercial
areas, construction of a treatment plant would be expensive and
that it would be difficult to obtain proper zoning for a
treatment plant.
As regards ion exchange, the Agency also notes that “some
radioactivity remains in the ion exchange material, so that it
may be a hazard to anyone subsequently working on the softener,
and disposal of the radioactive ion exchange material may be a
problem” (Agency Recommendation, p. 6). For this reason the
Agency “actively discourages the use of the ion exchange process
for radionuclide removal, unless that is the best treatment
method available for a particular supply” (Id.).
Given its committment to obtaining Lake Michigan water and
the difficulties associated with instituting and employing a
treatment technology, the Company believes that a requirement to
come into immediate compliance would impose an arbitrary or
unreasonable hardship. It also notes that by virtue of its
inability to receive permits for water main extensions, needed
expansion of the water system to serve the domestic and fire
protection requirements of the local population are forestalled,
and that prospective home purchasers and business developers have
been hurt. As a specific example, Petitioner currently foresees
the need to extend water mains to serve the following user:
Williamsburg Apartments located at the intersection of
Dearlove and Central Avenues, Glenview, consisting of
92 single family residences with an expected
population of 300 persons. Each building of six units
will have one hookup to the proposed water main.
These facilities are currently under construction.
Finally, as to the environmental and health effects of its
request, the Company asserts that
it
believes that grant of
variance will impose no significant health risk to persons who
will receive water from the new service connections during the
term of this variance before replacement of the well water by
Lake Michigan water. In support of this belief, the Company has
referred to the Board to the testimony and exhibits presented by
Richard E. Toohey, Ph.D. and James Stebbings, Ph.D., both of
Argonne National Laboratory, at the hearing held on July 30 and
76-358
—4
*
August 2, 1985 in R85—l4, Proposed Amendments to Public Water
Supply Regulations, 35 Ill. Adm. Code at 602.105 and 602.106.
In its Recommendation, the Agency does not dispute the
City’s various assertions. The Agency believes that while
radiation at any level creates some risk, the risk associated
with the 7.9 pCi/l level in petitioner’s water is low. The
Agency further states:
“The Agency believes 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 likelihood of compliance with the
combined radium standard due to receiving Lake
Michigan water within three to four years, 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 should affect 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 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.”
For these reasons, the Agency recommends grant of a variance,
subject to conditions. The Board notes that the Agency, while it
otherwise appears to concur with all matters requested by
Petitioner, cites in its recommended order that the period of
variance be four years rather than the five years requested by
Petitioner. Given that the projected date of delivery of Lake
Michigan water is late 1989, and that blending thereafter should
bring Petitioner
into compliance, the Board also belives that the
full five—year term is unnecessary.
The Board finds that, in light of all the facts and
circumstances of this case, denial of variance would impose an
arbitrary or unreasonable hardship. The Board agrees with the
Agency that no significant health risk will be incurred by the
persons who are served by any new water main extensions during
76-359
—5—
the limited time before the deep well water is replaced by Lake
Michigan water. The Board will accordingly grant a four year
variance, subject to conditions similar to those outlined by the
Agency.
This Opinion constitutes the Board’s findings .f fact and
conclusions of law in this matter.
ORDER
1. North Suburban Public Utility Company 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:
(A) This variance expires on March 19, 1991, or when
compliance is achieved, whichever is sooner;
(B) Petitioner shall continue efforts to obtain Lake
Michigan water through the Northwest Water Commission,
(C) Petitioner shall report to the Agency one year prior to
the expiration of this variance as to the status of
obtaining Lake Michigan water before this variance
expires. If it reasonably appears that Petitioner will
not obtain Lake Michigan water prior to said expiration,
Petit~ioner shall apply to IEPA for all necessary permits
for the construction of treatment facilities at least
six months prior to said expiration and install said
facilities and have them operational prior to said
expiration;
(D) 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. 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 radiuni—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;
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(E) Compliance with the maximum allowable concentration of
combined radium—226 and radium—228 shall be achieved no
later than five years from grant of this variance;
(F) 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;
(G) 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 the
last notice period during which samples were taken;
(H) Petitioner shall take all reasonable measures with its
existing equipment to minimize the level of radium in
its finished water;
(I) Petitjoner shall provide written progress reports to
IEPA, DPWS, FOS
every six months concerning steps taken
to comply with paragraphs B and H. Progress reports
shall quote each of the above paragraphs and immediately
below each paragraph shall 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 Wayne L. Wiernerslage,
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 this variance. This forty—five day
period shall be held in abeyance for any period this matter
is being appealed. The form of said Certification shall be
as follows:
76-361
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CERTIFICATION
I, (We), ___________________________, having read the
Order of the Illinois Pollution Control Board, in PCB 86—199,
dated March 19, 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.
Jacob D. Dumelle and B. Forcade dissented.
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
~
Dorothy M. 9’unn,
i~.
Clerk
Illinois Pollution Control Board
76.362