ILLINOIS POLLUTION CONTROL BOARD

April

4,

1985

CITY

OF BATAVIA,

)

Petitioner,

)

v.

)

 PCB 85—11

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

Respondent.

OPINION AND ORDER OF THE BOARD (by L

 Theodore Meyer):

This matter comes before

 the ~oard on a petition filed by

the

City of Batavia

 (Batavia) seeking a variance from the

combined radium standard in 35

 Ii..

 Adm. Code 604.301(a).*

The

petition was filed on January 25, 1985 and amended on March 18,

1985, pursuant to Board Order

 (February 7, 1985).

 The Illinois

Environmental Protection Agency (Agency) filed

 its recommendation

that variance be granted on April 3, 1985 subject to

conditions.

The

City waived hearing and none has been held.

The City of Batavia is located in Kane County,

 Illinois.

Batavia owns and operates

 its water distribution system which

provides potable water

 to approximately 13,000 people,

 including

residential, commercial

 and industrial users.

 The system

consists of four deep wells, ground level and elevated storage

tanks, pumps and distribution facilities.

Section 604.301(a)

 provides for maximum allowable

 concentrations for combined radium activity

 in community water

supplies

of

 5 picoCuries/liter

 (pci/i).

 Analyses done by USEPA

and

reported to IEPA showed

 a radium—226 count of 6.6 pCi/i and

a

tadium—228 count at 4.5 pCi/i.

 The combined count was therefore

1i~1

pci/i, exceeding the

 5 pCi/l standard.

*petitjoner

 originally requested variance from 35

 Ill.

 Adm.

Code 604.301(b)

 (gross alpha).

 However, the supplemental

information provided per Board order refers to

 the radium

standard and Petitioner has indicated to the Agency its intent

was

 to seek variance from the radium standard.

 Apparently,

Batavia

 is on the restricted status

list only for radium.

However, the Board

 notes

 the like1ih~odthat Batavia

 is also

in

violation of gross alpha standards although the only evidence

before the Board on this point consists of reported samples taken

in 1976.

 The Board points out that a single sample can serve

as

the basis

 for seeking

 a variance.

See

City

of Rolling Meadows

v.

IEPA,

 PCB 80—70, July 10, 1980.

The

Board

does not require an

average of four samples obtained at quarterly intervals before

a

petitioner can demonstrate non—comoliance with the rules.

63-323

2

Section 604.301(a) provides for maximum allowable

concentrations for combined radium activity

 in community water

supplies of

 5 picoCuries/liter

 (pci/i).

 Analyses done by USEPA

and reported to IEPA showed

 a radium—226 count of 6.6 pCi/i and a

radiuni—228 count at 4.5 pCi/l.

 The combined count was therefore

11.1

 pCi/l, exceeding the

 pCi/i standard.

Batavia was advised

 of these violations

 on January 25,

1984

and was placed on the Agency’s Restricted Status List for public

water supplies.

 The variance

 is requested to allow the continued

operation

 of the water supply and distribution system,

the

expansion

or

~t

ension

 of the system as necessary and removal

of

the facilith ~r~u the Agency’s Restricted Status List.

The

variance is

 :~:~estedthrough January 1, 1990.

Batavia rr~ntendsthat

 it will suffer an arbitrary and

unreasonable thrdship

it

it

 is required to

 immediately comply

with the

comt~ned

 radium standard.

 To support this contention

Batavia has

investigated

 various compliance alternatives but has

determined

 that each is Jnfeasible as

 requiring expenditures

beyond

 its maximum bonding power~*

Each of the projects considered would cost approximately

$5,000,000.

 The alternatives investigated included treating the

water

 by softening through ion exchange, addition of calcium

oxide

 or hydroxide,

or

 by reverse osmosis.

 Each of these

treatment methods, however,

 would require large plant

construction estimated at

 $5 million.

 Moreover,

 a radio—active

waste disposal problem would be ci.eated by the resultant

concentration of radium through the ion exchange process.

Additionally,

 softening. processes increase the water sodium

content posing

 a significant risk to persons who are hypertensive

 who have

heart

 problems.

 Batavia also considered

 the Fox

River

as

 a water source but construction of a river water

treatment plant was also esti~natedin excess

of

 $5 million.

Finally,

 the installation of shallow blending wells was similarly

estimated

 to cost $4.2 million.

Also

 investigated was the possibility of using water from

Lake Michigan.

 However,

 the city does not presently possess an

allotment

 for lake water

 and does not anticipate

 receipt of

an

allotment for five years.

 Actual hook—up and delivery of the

water

 itself

 is not estimated to occur

 for ten years.

Illinois has been delegated primary enforcement

responsibility for

 the radiuni standard.

 Under Section 35 of the

Environmental Protection Act, Ill.

 Rev. Stat.

 1983,

 ch. 111—1/2,

*Batavia’s maximum bonding power

 is approximately $9,280,000

and

 its total outstanding indebtness

 is currently about

$5,975,000,~

 The city also faces intrastructure costs

 for Street

bridge

 and public buildings repair

 and for sludge digestion

tacilities

 tctliing approximately $4,450,000.

83-324

3

In granting what amounts

 to a federal variance under Section

1415 of the SDWA a State with primary enforcement responsibility

must

 find that:

(a)

 Because

 of characteristics

 of the raw water sources

which

 are reasonably available to the system,

 the system cannot

meet

 the requirements respecting

 the maximum contaminant levels

of

the

 drinking water regulations despite application of the best

 technology,

 treatment techniques, and other means, which

the

(USEPA) Administrator finds are generally available (taking costs

into considerrtion); and

(b)

Thu

 ~:rantingof a variance will not result

 in an

unreasonable

 ;riuk to the health of persons served by the

system.

 (Sert~cn1415 of the Safe Drinking Water Act,

 42 U.S.C.

Section 300(

 li).

As deter rtued previously by the Board

 in City of Crystal

Lake

v,

I

E ~

 PCB 84—2, May

29,

 1984, since~?heAdministrator

Ti~~issued

no

 ~gulation under Section 1415(a)(l)(A)

 the Board

has the authority to grant individual variances consistent with a

federal variance to both small and large water systems provided

that there

 is a demonstration of arbitrary or unreasonable

hardship,

 Although the alternative treatment methods may

be

technically feasible, Batavia has demonstrated that these methods

are economically infeasible at this time.

~There

 is no evidence that granting the variance will result

in an “unreasonable

 risk

 to the health of persons served by the

system”

 at these concentrations.

 As noted

 in the City’s

petition, the current ~radium

 standard

 is the subject of

controversy.

The

 Agency

 states that although radiation at any

level

creates

some

 risk,

 the risk associated with this level

is

very 10W,

 This conclusion reflects research demonstrating that

U~

e

human

 body disposes of more radium than originally thought

hen

the

 federal standard was established.

 See Village of Lemont

v~IEPA, PCB

80~48, May 1,

 1981.

 The current standard

 is now

under

review

USEPA.

Considering

the

 great expense

 to comply and the minimal

threat to the public health, the Board finds that

 to require

irmnediate

compliance with the radium standard would

 impose an

arbitrary

 and unreasonable hardship.

 Variance is hereby granted

from

35

 Iii. Mm. Code 604.301(a)

 subject to conditions.

The Agency recommends

a

 maximum allowable concentration for

combined

 radium of

 30 pCi/i.

 The Board points out that Batavia’s

current combined concentration

 is 11.1 pCi/i and as no reason is

given for allowing such an increase over current levels,

the

Board will set

a limit of 15 pCi/l.

63-325

4

ORDER

The City of Batavia

 is hereby granted a variance from 35

Ill.

 Adm. Code 604.301(a)

 until January 1,

 1990 subject to the

following

 conditions:

1.

 That the maximum allowable combined

concentration for radium—226 and radium—

228

 Petitioner’s public water supply

shall be 15 pCi/l.

2.

 ~t~hin three and one—half months of the

mt of

 the varlance,

 the Petitioner

utah

 secure professional assistance

~:uitherfrom present staff

or

 an outside

cousultant)

 in investigating compliance

options,

 including a review of the

possibility

 and ~feasibi1ityof achieving

comphianc~

 by blending water

 from shallow

wells with th~a~~~of

 its deep wells.

Within four and one—half months of the

qrant

 of the variance, evidence that such

professional assistance has been secured

shall be submitted to the Agency’s

Division

 of Public Water Supplies, FOS,

 2200 Churchill Road,

 Springfield,

Illinois 62706.

3,

 As expeditiously after identification of

a feasible compliance method as

is

practicable, but no later

 than three

years after grant of the variance,

 Petitioner

shall

 submit a program (with

increments

 progress) for bringing

its

system into compliance with radiological

quality standards to the Agency’s

Division of Public Water Supplies, Permit

Section, at 2200 Churchill Road,

Springfield,

Illinois

 62706.

4.

 That

pursuant

 35 Ill.

 Adm. Code

606.201, Petitioner 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 the radium—226 and

radiuni—228

 standard 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 content of radium in samples most

receotly taken since

 the last notice

Iod

63-326

5

5,

 Petitioner

 shall take all reasonable

measures with its existing equipment

to

minimize the level

 of combined radium—226

and radium—228

 in its finished water.

6.

 That

 within forty—five days

 of the date

of this order, Petitioner

 shall execute

and forward

 to 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 day period shall be held

 in abeyance

for any period this matter

 is being

appealed.

CERTIFICATION

I,

 (We)

 hereby accept

and agree

 to be

 bound by all terms and conditions of the Order

of

the Pollution Control

 Board

 in PCB 85—11, April

4,

 1985.

Petitioner

Authorized Agent

Date

IT

 IS SO ORDERED,

I, Dorothy

 M. Gunn,

 Clerk of

 the Illinois Pollution Control

Board, hereby certi,fy that the above Opinion and Order was

adopted on the

 day of

__________________,

 1985, by a

vote of

 (~.—o

Dorothy M.

 unn, Clerk

Illinois Pollution Control Board

83-327