ILLINOIS POLLUTION CONTROL BOARD

September 20, 1985

VILLAGE OF MINOOKA,

)

)

Petitioner,

)

)

v.

)

PCB 85-100

)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Respondent.

)

OPINION AND ORDER OF THE BOARD (by W.J. Nega):

This matter comes before the Board on a Petition for

Variance filed by the Village of Minooka on July 8, 1985. The

Petitioner requested variance from 35 Iii. Adm. Code 602.105(a)

(Standards for Issuance) and 35 Ill. Adm. Code 602.106(b)

(Restricted Status list) as they relate to 35 Iii. Adm. Code

604.301(b) (gross alpha particle activity).

The Petitioner waived its right to a hearing and no hearing

was held on this matter.

On August 15, 1985, the Illinois Environmental Protection

t~gency (Agency) filed its Recommendation in this matter. The

Agency has recommended that variance be granted for a period not

to

exceed five years from 35 Iii. Adm. Code 602.105(a) and 35

iii. Mm. Code 602.106(a) as they relate to 35 Iii. Adm. Code

604.301(a) (combined radium-226 and radium-228) only. The Agency

further recommended that the Petitioner’s request for variance

From

35 Ill, Adm. Code 602.105(a) and 35 Iii. Adm. Code

602.106(b)

as they apply to 35 Ill. Adm. Code 604.301(b) (gross

alpha

particle activity) be denied as unnecessary.

The

Board adopted an emergency rule on August 15, 1985 in

the matter of Proposed Amendments to Public Water Supply

Regulations,

35 111, Adm. Code 602,105 and 602.106 (docketed as

R85~-I4)~ This

rule,

effective until January 12, 1986, allows the

Agency to issue permits for water main extensions to public water

supplies presently on Restricted Status for delivering finished

water with fluoride, combined radium-226 and radium-228, or gross

alpha particle activity concentrations in excess of those allowed

by current Board regulations.

In conjunction with the enactment of the emergency rule in

R85—14, the Board entered an Interim Order in PCB 85-100 on

August 15, 1985 which delineated the options available to the

Village of Minooka in light of the Board’s adoption of the

emergency rule in R85-14.

65-527

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-2—

The Village of Minooka, which is located in Grundy County,

tllinois, provides, via 573 residential user lines and 7

industrial/business user lines, potable water supply and

distribution for a population of 1,771. (Pet. 4). Additionally,

the Petitioner’s water distribution system “serves two Illinois

Department of Transportation rest areas along Interstate 80.

(Pet. 4-5). The Petitioner’s water supply and distribution

system is not part of a regional public water supply. The

Village of Minooks owns and operates a deep well water supply and

distribution system which consists of two deep wells, various

pumps, and concomitax.t distribution facilities which provide

water service to locb.. recidantial, cntmerc~s~,and industrial

users as needed. Charges for this service are established by

village ordinance and are made to all users. (Pet. 5). The

Village of Minooka

has

two deep wells as its primary water

sources: Well #3, which was placed into operation In t963 and is

1,508 feet deep, and Well #4, which was placed into operation in

1973 and is 725 feet deep. (Pet. 5).

The

Petitioner was first advised of the excessive combined

radium content of its water by an Agency letter dated

September 4, 1984, which reported a radium—226 content of 5.6

pico Curies per liter (pCi/l) and a radium-228 content of 2.8

pCi/l. The combined radium-226 and radium-228 level was found to

be 8.4 pCi/l (i.e., 5.6 pCi/l

+

2.8

pCi/i

-

8.4 pCi/l), which

exceeds the requisite

5

pCi/l state and Federal combined radium

standard by 3.4 pCi/l. The water sample analysis of an annual

composite of four consecutive quarterly samples (or the average

of the analyses of four samples obtained at quarterly intervals)

was performed by the USEPA laboratory.

(Pet.,

Attachment A).

By letter dated October 4, 1984, the Agency notified the

Village of Minooka that its public water supply was being placed

on restricted status because the Petitioner’s water supply

exceeded the maximum allowable concentration for combined

radium-226 and radium-228. (Pet., Attachment B). The practicat

effect of

being

placed on restricted status is

that

all

construction ceases within the listed municipality because the

Agency, pursuant to Section 39 of the Illinois Environmental

Protection Act (Act), will not grant construction and operating

permits until

compliance is achieved or variance is granted.

The Village of I4inooka does not presently treat its water to

control. radium content. The Petitioner notes that

it was totally

unaware of the excessive

radium and gross alpha particle activity

in its groundwater

until the Agency notified

it about this

matter

and consequently it did not achieve compliance by the required

compliance date. (Pet. 6). After being notified by the Agency’s

September 14, 1984 letter than an environmental problem existed

with regard to radium and gross alpha particle activity levels in

its groundwater, the Village of Minooka retained an outside

consultant, Engineering Enterprises, Inc., “to

assist it

in

reviewing and evaluating

this situation and to prepare

05-528

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—3—

The Village of Minooka currently “envisions utilizing the

Illinois State Geological Survey study of shallow water wells and

the Village’s own

test wells to select a new

permanent well site

which will

meet applicable standards”.

(Pet. 6). The Petitioner

anticipates that “water mains will have to be constructed for

connection to the new well”, but has not yet developed “accurate

costs and time figures” pertaining to locating and constructing

its new water supply source, (Pet, 6—7).

The Agency has recommended that the Village of Minooka “does

not

need, and should not receive, a variance from 35 Ill. Adm.

Code 602.105 or

602.106(h), to

the extent those rules

irwoive 35

Ill. Adm, Code 604.301(b) (gross alpha particle activity).”

(Rec. 4).

The Agency

points out that neither its September 14,

1984 letter nor its October 4, 1984 letter to the Petitioner made

any reference to gross alpha particle activity and states that it

“does not hav~

any

records demonstrating that Petitioner is

currently exceeding

35

Iii. Adm. Code 604.301(b) (gross alpha

particle

activity)”.

(Rec.

4—5).

Moreover,

if

the gross alpha

activity

concentration is 12,8 pCi,’l as asserted in

the

Village

of Minooka’s variance petition,

it is

within the authorized 15

pCi/i

gross alpha particle limit specified in

35

Ill. Adm. Code

604,301(a).

The

Agency stresses that its Public Water Supply

Division placed the Petitioner’s facilities on restricted status

“only because the Petitioner’s water supply has exceeded the

maximum allowable concentration for combined radium-226 and

radium-228” and reiterates that the Village of Minooka “is not on

Restricted Status for exceeding any other contaminant”.

(Rec.

4). The Board believes that the Agency is entirely correct in

its

viewpoint, and will therefore deny the variance from

35

Ill.

Adm.

Code

602.105(a) and 602.106(b) as they involve

35

ll.

~dm.

Code 6C~.301(b) (gross alpha

particle activity) as unnecessary.

in reference to the environmental impact of the

requested

relief

From the requirements

of 35

Ill.

Adrn.

Code 602.105(a)

~Standards

for Issuance) and of

35

Ill. Adra. Code 604.301(a)

(combined radium-226 and radium-228), the Agency takes

the

following position:

‘,.,Whiie radiation at any level creates some risk, the

r~s~associated with this level is very low. Original

estimates ‘~ere that 5

pCi/1 could result

in bone

cancer to

somewhere

between 0,7 and

3

persons per million exposed.

More

recent feeling is that this

is

probably a high

estimate

since

much less radium is retained in the body than what was

‘Dreviously thought.

The

maximum

allowable concentration

(“MAC”)

for radium is currently under review at the federal

level. However, the Agency does not expect any proposal to

change the standard before late 1985. The Agency does not

have any information that the combined radium standard will

be relaxed by USEPA...

The Agency

believes an incremental increase in the

allowable concentration for combined radium-226 and

65-529

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—ha

radiurn-228, even up to a maximur. of 20 pCi/i, should cause no

significant health risk for the limited population served by

ne~water main extensions for the time period of this

(Ret. 5-6).

In reference

to two prinary treatment

methods

to reduce the

radium

content o t:s water, the Viflage of Minooka has

stated

that:

“...

The first orinary treatnent method is I tine or t !.me-socia

softening..1

tàme sai~en:.ng can remove 80-90 percent of the

radium...

The

problun

w.th

this method is that t

produces

large quantities of siadge and concentrates the adtu~. This

causes addttLonal problezn~i and

expenses

in proper waste

disposal...

The second treatment netnod is ion exchange water

softening. This method is cheaper than lime sofftenhn8, is

effective and will remove more than 90X of the radion.

However, if an ion exchange softener which is regenerated

wita salt

is

used, the sodium

content of the water

will, be

increased significantly. This may create a significant risk

to persons who are hypertensive or who have heart problems.

In addition, the waste rron routine softenIng is hIgh in

total dissolved solids and may

be very difficult to dispose

of legally... Hence

the Agency has informed PetitLoner that

it is actively discouraging the use of the ion exchange

(Pet. 1—8; Rec. 6-7).

These alternative methods for reducing the radium

content of

the water mandav.e large plant construction and are estimated to

cost over $8 million dollars.

The Village of Minooka has contended

that

the denial, of the

requesced variance would impose an arbitrary or unreasonable

hard&np because:

“...Tnere

is currently a developer of single family

residences in the community (Bonita Vista Subdivision)

actively filing pins of subdivision who would experience

great hardship if unable to develop such property. In fact,

his lender requires payment from lot sales and the property

will be lost through foreclosure unless further platting is

allowed. The Viflage is requesting permissIon to extend the

existIng water main system to service an additional

approximately 200 zesadential tots within the next five

years. There

is now pending an application

for approximately

40 lots which already hava cnnctratttion material on size

waiting to he ~na~:aJ.iec

La

~th’3

~round...

~fi-530

---

—5—

Furthermore, the Agency has recognized the need ror ‘h~

requested variance by filing its Proposal for Amendments

t.

Water Supplies Regulations,

PCB

R85-14, on June 17, 1985

which it asserts that the existing standards for radium ma

gross alpha should be increased by a multiple of four

This would put Petitioner’s existing water supply well

.iilhir’

ar~cepcablelimits.” (Pet. 11—13).

The Agency has concluded that uthe grant of the requested

ntriance would impose no significant injury on the public or on

the environment for the lImited time period of the requested

variance and that denial of the recommended variance would be an

arbitrary and unreasonable hardship to Petitioner.” (Ret. 7).

In elaborating on its rationale for recommending that che

Board grant the requested relief, the Agency states that:

“...

Denial of a variance from 35 11. Adm.

Code

602.10

Standards for Issuance, would result in an arbitrary or

unreasonable hsrdshsp because denial of that var Lance would

require the Agency to continue to deny construction and

operating permits until compliance is achieved (unless a

variance from 35 In. Adm. Code 604.301(a) is granted)

(combined radium-226, -228). Continuation of Restricted

Status means that no new water main extensions could be

issued permits by the Agency and economic growth, etc.,

dependent on those water main’extensions would not be

allowed...

If the Board grants Petitioner a variance from 33 III.

Adm, Code 602.105(s) (Standards for Issuance) so that the

Agency legally

may

not deny permits to Petitioner

due

to

Petitioner violating the combined radium-226 and radium-228

standard, then the Agency should not be required to publish

that PetitIoner is on the Agency’s Restrictive Status List

for violating those standards, because

that

would mislead

developers and other persons who check the Restricted Status

List. Hence, a variance should also be granted from 35 Ill.

Adm. Code 602.106(b), but only to the extent it involves the

(Rec. 7-8).

Thus, the Agency has recommended that the Village of Ninoo’c.,

be granted a 5-year variance from 35 Ill. Adm. Code 602.105(a)

(Standards for Issuance) and 602.106(b) (Restricted Status), but

only as they relate to 35 Ill. Adm. Code 604.301(a) (combined

radium-226 and radium-228), and

that

the requested variance from

those rules as they relate to 35 Ill. Adm. Code 604.301(b) (gross

alpha particle activity) be denied.

The Board bt.sically agroes with the Agency’s position and

finds that the Vsllage of Mincoka has made an adequate showing

that denial of the variante

wn’sld impose an arbitrary or

65431

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—6—

unreasonable hardship. The Board agrees with the Agency that the

risk of adverse health effects to the limited population

consuming water delivered by the new water main extensions

permitted pursuant to this 15 month variance will not be

significant. However, the Board believes that, in this factual

situation, a 15 month variance from the combined radium standard

of 35 Ill. Adm. Code 604.301(a) is warranted. The Village of

Minooka has only recently become aware of its radium excursion

and has not yet identified the costs involved in selecting a new

permanent well site. Before the Board can set a suitable

compliance schedule for the Petitioner, it is necessary to know

the precise details of the methods that the Village of Minooka

has chosen to meet appropriate standards. Thus, the Petitioner

will be given time to further evaluate and choose the compliance

option that it prefers and can, at a later date, ask for an

extension of variance if necessary.

The Board finds that denial of the variance would impose an

arbitrary or unreasonable hardship. The Board will grant the

Petitioner a variance from 35 Ill.

Adm. Code

602.105(a)

(Standards for Issuance) and from 35 Ill.

Adm.

Code 602.106(b)

(Restricted Status) but only as they relate to 35 Ill. Adm. Code

604.301(a) (combined radium-226 and radium-228), and will deny

the requested variance from those rules as they relate to 35 Ill.

Adm. Code 604.301(b) (gross alpha particle activity).

This Opinion constitutes the Board’s findings of fact and

ORDER

1. The Petitioner, the Village of Minooka is hereby granted

variance from 35

Ill. Ada. Code 602.105(a) and from

35 Ill. Adm.

Code 602.106(b)

but only

as they relate to the 5

pCi/i

combined

radium-226 and radium-228 standard of 35 Ill. Adm. Code

(a) This variance begins on January 12, 1986 and expires on

March 20, 1987, or when analysis pursuant to 35 Ill.

Ada. Code 605.105(a) shows compliance with the combined

(b) By January 1, 1986, the Petitioner shall secure

professional assistance (either from present staff or an

outside consultant) in investigating compliance options,

including a review of the possibility and feasibility of

achieving compliance by blending water from shallow

wells with that of its deep wells.

By February 1, 1986,

evidence that such protessional assistance has been

secured shall be submitted to the Agency’s Division of

Public Water Supplies, FOS, at 2200 Churchill Road,

Springfield, Illinois

85-532

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(c) As expeditiously after identification of a

~:eastbte

compliance method as is practicable, but no later than

~January 1,

1987, the Petitioner shall submit a program

(with increments of progress) for bringing its system

into compliance with radiological quality standards to

the Agency’s Division of Public Water Supplies, Permit

Sections at 2200 Churchill Road, Springfield, Illinois

62706. The Village of Minooka shall adhere

to

all.

timetables contained in this compliance program.

(d) Purs~:i:: to 35 Ill. Adm. Code 606.201, the Petitionc~

sh&

.:d to each user of its public water supply

wriL:~•~~otice to the effect that the Petitioner has

been

~ated by the Illinois Pollution Control Boar•J a

vari~ from 35

Iii. Adm. Code 602.105(a) (Standards

for

1. .;uance) and from 602,106(b) (Restricted Status)

as

they alate to combined radium-226 and radium-228 in the

first set of water bills issued after the grant of this

variance and every three months thereafter. The notice

shall state the average concentration of rad±um-226 and

radium-~28 in samples taken since the last notice

per-ioI

in which samples were taken.

(e) Until full compliance

is

reached, the Petitioner

shall

take all reasonable measures with its existing equip~neaL

to minimize the level of combined radium-226 and

radium-228 in its finished drinking water.

2. The Petitioner’s requested variance from 35 Ill. Adm.

Code 602.105(a) and 35 Ill. Adm. Code 602.106(b) as they relate

to 35 Ill. Adm. Code 604.301(b) (gross alpha particle activity)

is hereby denied.

3. Within forty-five days of the date of this Order, the

Village of Minooka shall execute and forward to Mr. Wayne

Wiemerslage, 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 days

period shall be

held

in abeyance for any period this matter is

being appealed. The form of

this certificate shall be as

follows:

CERTIFICATION

The Village of Minooka hereby accepts and agrees to be bound

by all terms and conditions of the Order of the Pollotion Control.

Board in PCB 85-100, dated September 20, 1985.

The Village of:Ninooka

65-533

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-8-

~ Authorized Agent

Title

Date

IT IS SO ORD1f~c~D.

Chairman

Dumo~leand Board Members B. Forcade and R. Flernal

dissented.

I, Dorothy

~4. Cunn, Clerk of the Illinois

Pollution Control

Board hereby certify that the above Opinion and Order was adopted

on the ~

day of

—

,

1985 by a vote

of ~/-S.

6’

~

Dorothy M/Gunn, Clerk

Illinois Pollution Control Board

65-534