ILLINOIS POLLUTION CONTROL BOARD
May 9, 1986
LAKE COUNTY PUBLIC WORKS
DEPARTMENT, VERNON HILLS WATER
)
SUPPLY SYSTEM,
)
Petitioner,
v.
)
PCB 86-35
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
OPINION AND ORDER OF THE BOARD (by J. Anderson):
This matter comes before the Board upon a March 7, 1986,
petition for variance from restricted status filed on behalf of
the Lake County Public Works Department, Vernon Hills Water
Supply System (the Department). The Department requests variance
from 35 Ill. Adm. Code 602.105(a), Standards of Issuance, and 35
Ill. Adin. Code 602.106(b), Restricted Status, to the extent that
those rules relate to 35 Ill. Adm. Code 604.301(a), combined
radiurn—226 and radiuin—228. On April 15, 1986, the Illinois
Environmental Protection Agency (Agency) filed a recommendation
that variance be granted subject to certain conditions. Hearing
was waived, and none was held.
The Department owns and operates a public water supply
system serving the Village of Vernon Hills which has a population
of 12,500. The system consists of wells, pumps, storage and
distribution facilities. The water supply is chlorinated before
being discharged into the distribution system. The Department
maintains four wells which supply the water for Vernon Hills.
Wells number One and Two are deep wells which were constructed in
1973. Wells number Four and Five are shallow wells constructed
in 1961. Wells Four and Five are not presently in use and Well
number Three has been permanently sealed. The average daily
pumpage for the water system is approximately 1,245,000 gpd.
Well number One is 1900 feet deep with an average daily pumpage
of 750,000 gpd. Well number Two is 1875 feet deep with an
average daily pumpage of 495,000 gp.d. Storage capacity of
thewater system is 1,765,000 gallons. The water is distributed
to users via 47.8 miles of 6 inch to 12 inch water mains.
Proposed and pending projects in Vernon Hills to which the
Department desires to extend its service include:
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a) Corporate Woods
—
350 acres of land to be developed
starting in 1986 for industry and commercial use
consisting of approximately 4,400,000 square feet of
total building area.. Total number of employees within
Corporate Woods upon completion would be between 8,000
and 10,000. Between 4—5000 construction workers would
be involved in the development of the project.
b) Strop Shopping Plaza
—
100,000 square feet commercial
development.
c) NCT Residential Unit
-
115 housing unit development.
d) Hawthorn School District
—
3 building complex.
e) Cambridge Heights Residential
—
15 lot development.
f) Continental Grain Company
—
600 acres proposed to be
developed for office and light industry.
Such extensions are not presently allowed, however, because
the Agency has placed the system on restricted status due to
violation of the radiological standards. On December 9, 1985,
the Agency informed the Department of sampling results which
showed Radium-226 levels to be 6.3 pci/i and Radium-228 to be 3.1
pCi/l for a total combined level of 9.4 pCi/l which is in excess
of the 5pCi/l standards of 35 Ill. Adm. Code 604.301(a). Further
tests were performed by Tiledyne Isotopes Laboratory which
resulted in the following findings:
pCi/i
~a—226
Ra—228
Well No. 1
5.0+0.1
5.6+0.9
Well No. 2
5.8T0.1
3.8T0.8
Well No. 3
4.6T0.l
3.2~0.7
These results were received by the Department on January 15,
1986. Thus, the Department has had little time to investigate
compliance alternatives and has not yet developed a compliance
plan. However, the Department has been working toward obtaining
Lake Michigan water.
On February 28, 1981, the Department was granted a Lake
Michigan Allocation Permit, said allocation to be effective from
1985 continuing through 2020. Based on that, the Department
along with six other municipalities, entered into an agreement in
November of 1982 establishing the Central Lake County Water
Supply Committee to evaluate the technical, institutional and
financial feasibility of new supply, treatment, and transmission
facilities to provide the communities with potable water from
Lake Michigan. The Committee has retained consulting engineers
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who have evaluated long term alternatives for procuring Lake
Michigan water and a financial consultant has been retained to
assist in implementing the Lake Michigan Water Allocation.
The Department has also evaluated various treatment
alternatives including substitution or dilution with Lake
Michigan water, dilution with shallow groundwater, lime
softening, ion-exchange softening and reverse osmosis. As of now
the Department believes that the use of Lake Michigan water is
the only reasonable alternative, alleging that other alternatives
are either cost prohibitive or would result in replacing one
problem with another (e.g. the increase of sodium levels in the
finished water if ion—exchange osmosis is used).
The Department further alleges that the granting of variance
would not be harmful to the environment or the residents of
Vernon Hills. While no formal assessment of the effect of this
variance on the environment has been made by the Department, it
cites 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 for the proposition that the granting of this
variance for the limited time of the requested variance will not
cause any significant harm to the environment or to the people
served by potential water main extensions. The Department also
submitted Exhibit 5, a report of D.L. Bennett, Supervisor of the
Water Quality Unit of the Agency, which states that compared to
the risk from other forms of natural radiation the risk from
water is quite low.
The Agency agrees with the Department’s allegations of fact,
and states that:
while radiation at any level creates some risk, the
risk associated with this level is very low.. .The
Agency believes an incremental increase in the
allowable concentration up to a maximum of four times
the level of the maximum allowable concentration
(“MAC”) for the contaminant in question, should cause
no significant health risk for the limited population
served by new water main extensions for the time
period of this recommended variance (Rec. pp. 5—6;
emphasis in the original).
The Agency also agrees with the Department’s assessment of
compliance alternatives and recommends that variance be granted.
(Rec. pp.6—8).
The Board notes that the United States Environmental
Protection Agency (USEPA) has challenged several Board issued
variances from the radiological standards as be in inconsistent
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with the state’s obligations under the Safe Drinking Water Act
(SDWA). However, the variance requested here is solely from the
state regulations establishing the restricted status mechanism
and not from the national primary drinking water regulations.
That being the case, such variance will not insulate the
Department from the possibility of enforcement for violations of
the underlying radiological standards. However, the Agency
argues, and the Board agrees, that if the state—issued variance
includes appropriate increments of progress, USEPA may consider
the variance to be a proper compliance order which would be
sufficient to defer federal enforcement. However, the Department
would remain subject to enforcement of the underlying standards
by any other person or entity.
The Agency has recommended that variance be granted for a
period of five years from 35 Iii.. Adm. Code 602.105(a) and
602.106(b) as they relate to the radiological standards subject
to conditions which would require continued sampling, the
procurement of professional assistance to investigate compliance
options, the preparation of a compliance plan, the procurement of
necessary permits for carrying out that plan, and appropriate
notice to the public.
The Board agrees with the Agency for the most part and finds
that denial of variance would constitute an arbitrary or
unreasonable hardship. The Department has responded quickly to
the problem once it was discovered in December of last year and
has agreed to take appropriate steps toward expeditious
compliance with the underlying standards. Further, there has
been no showing of bad faith or delay in its response. However,
given the absence of a specific compliance plan, the five years
requested for variance does not provide for appropriate Board
oversight of the Department’s movements towards compliance.
Instead, the Board will grant a variance, with conditions, until
January 1, 1988. This will cover two construction seasons, and
yet allow the Board to review the status of the Department
selection of a compliance plan and efforts towards achieving
compliance.
This Opinion constitutes the Board’s findings of fact and
conclusions of law in this matter.
ORDER
The Lake County Public Works Department, Vernon Hills 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) as these rules relate to exceedances from the combined
radium—226 and radium—228 limitation of 35 Ill. Adm. Code
604.30(a), subject to the following conditions:
a) Variance expires on January 1, 1988.
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b) In consultation with the Agency, the Department shall
continue its sampling program to determine as accurately
as possible the level of radioactivity in its wells and
finished water. Testing for radium 226 and 228 shall be
continued.
c) On or before August 15, 1986, the Department 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
from its shallow well(s) with that of its deep well(s).
d) On or before September 15, 1986, evidence that such
professional assistance has been secured shall be
submitted to the Agency’s Division of Public Water
Supplies, FOSS at 2200 Churchill Road, Springfield,
Illinois 62706.
e) On or before February 15, 1987, the Department shall
complete investigating compliance methods, including
those treatment techniques described in the Manual of
Treatment Techniques for Meeting the 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.
f) On or before March 15, 1987, the Compliance Report shall
be submitted to the Agency’s Division of Public Water
Supplies (DPWS).
g) On or before June 15, 1987, or within any written
extension of this period made by the Agency, the
Department shall apply to the Agency, DPWS, Permit
Section, for all permits necessary for construction of
installations, changes or additions to the Department’s
public water supply needed for achieving compliance with
35 Ill. Adm. Code 604.301(a).
h) Pursuant to 35 Ill. Adrn. 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 Department shall 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. Mm.
Code 602.105(a) Standards of Issuance and 35 Ill. Adm.
Code 602.106(b) Restricted Status, as it relates to
Section 604.301(a).
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i) The Department shall take all reasonable measures with
its existing equipment to minimize the level of Radium-
226 and Radium 228 in its finished water.
j)
Within forty—five days of the date of this Order, the
Department shall execute and forward to Wayne
Wiemersiage, 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.
CERTI FICATION
I, (We), __________________________, having read the
Order of the Illinois Pollution Control Board, in PCB 86—35,
dated May 9, 1986, 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.
B. F. Forcade concurred.
J. D. Dumelle dissented.
69-457
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the above Opinion and Order was
adopted on the ~?~Z
day of
Y7~i
a-
,
1986 by a vote
of ~/
.
Dorothy M. G”unn, Clerk
Illinois Pollution Control Board
69.458