ILLINOIS POLLUTION CONTROL BOARD

June 29, 1984

VILLAGE OF WEST DUNDEE?

)

Petitioner,

V.

)

PCB 83~-164

ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY,

Respondent.

MR. WARREN

E. STROM, VILLAGE ATTORNEY, APPEARED FOR

PETITIONER;

MR. WAYNE WIEMERSLAGE, ATTORNEY

AT LAW, APPEARED FOR

RESPONDENT;

MR. BERNARD Z. PAUL, VILLAGE

ATTORNEY, APPEARED FOR

OBJECTOR,

VILLAGE OF CARPENTERSVILLE,

OPINION AND ORDER OF THE BOARD (by B. Forcade):

This matter comes to the Board on a November 8, 1983, Petition

for Variance from barium limitations on drinking water, filed by

the Village of West Dundee (“West Dundee”), with amended petitions

filed on November 28, 1983, December 28, 1983, and March 6, I984~

On December 2, 1983, Mr. Herbert Radtke, Village President,

village of Carpentersville (“Carpentersville”) filed an Objection

to the variance, On March 19, 1984 the Illinois Environmental

Protection Agency

(“Agency”) filed a

recommendation that variance

be granted, subject to

certain

conditions, A hearing was held

April 27, 1984 in West

Dundee,

The transcript and exhibits were

filed May 16, 1984,

however two exhibits

were missing; Carpenters~~

yule filed the two missing exhibits May 23, 1984. By Order of

May 29, 1984 the Board provided seven days for the parties to

object to the accuracy of the late filed exhibits,

West Dundee previously requested a barium variance in 1978.

The Board denied that variance request because West Dundee had

not demonstrated economic hardship and had not provided an ultimate

compliance program (West Dundee v, Illinois Environmental Protection

~

(PCB 78~1,August

23,

1979, 35 PCB 187).

West Dundee owns and operates a public water supply system

providing potable water to approximately 3400 residents; the

58~449

---

2

system consists of two wells (Well #1 is a Galesviile sandstone

well and Well #2 is a drift well), one 100,000 gallon elevated

water storage tank and a system for water distribution (Third Am.

Pet,, ¶ i)~ Well #1 has a

1000

gallon per minute (“gpm”) pumping

capacity (Third Am~Pet,, p. 1), is located on the southeast

corner of West Dundee (Pet, Ex. 1) and has barium concentrations

tested on one occasion at 12 mg/i (Rec, ¶ 5), Well #2 has a

500

gpm pumping capacity (Third

Mi,

Pet., p. 1), is located

approxi~

mately 3500 feet north of Well #1 in the northern portion of West

Dundee, adjacent to the storage tank (Pet, Ex, 1) and has barium

concentrations tested on

one

occasion at 0,143 mg/i (Rec, ¶ 15).

These two wells, and the 100,000 gallon storage tank must serve

West Dunde&s present water demand of 320 gpm (Average Day), 725

gpm (Maximum Day),

and 1284 gpm (Peak

Hour), reliably (Pet, Ex.

3, p. 6), Thus, the pumping capacity of the low barium well

(Well #2) is adequate

to

serve the present average daily demand

but inadequate to serve

the

maximum daily demand or peak hourly

demand, When the high barium well (Well #1) is pumped to meet

higher demands, those

users

nearest Well #1 are likely to receive

finished water with barium concentrations in excess of 1 mg/I.

Public water supplies, such as West Dundee, are prohibited from

delivering finished water with barium concentrations above I mg/i

by 35 Ill, Adm, Code 604,206.

West Dundee is requesting a variance from those barium

limitations until November 1, 1985. West Dundee requests the

variance to, in effect, allow the high barium well (Well #1) to

be used as a standby well to augment supply when peak water

demand exceeds the capacity of the low barium well (Well #2),

During the period of the variance West Dundee plans to develop

two new drift wells, each producing approximately 600 gprn,

construct a storage reservoir, and rehabilitate Well #2 (Third

Am. Pet,, p. 4), By November, 1985 West Dundee anticipates the

increased capacity will allow delivery of finished water within

the barium limitations and the high barium well would be used

only for emergency purposes.

The Agency recommends that the variance be granted subject

to certain conditions. Those conditions, in essence, require

West Dundee to implement the well/reservoir development program,

minimize use of the high barium well, and to inform the users of

the results of a water supply sampling and analysis program.

Carpentersville has objected to the variance if any high barium

water would be delivered to a relatively new shopping center,

Spring Hill Mall, on the northern border of West Dundee; Carpenters-

yUle does not object to the variance if a condition prohibits

such delivery,

in an effort to meet future water demand with a supply

---

meeting reguUtciv limitations West Dundee has evaluated many

options, including Fox River water, spring water, shallow wells,

teep we~s~and purchased water, Quantities available from

spring water appear far too low for West Dundee’s demand, and

sec~rinqwater

from the Fox

River (which requires significant

treatmeflt) is not economical until average daily demand exceeds

10 miUon gallons (Pet, Ex. 3, p. 12), Treating the high barium

well so that its tinished water ccmpiies with regulatory limits

was also evaluated (ThIrd Am. Pet,, p.

3),

information which West Dundee secured from USEPA indicates

that barium can be removed successfully from Well #1’s water by

either lime softening or ion exchange. Preliminary cost estimates

show the following (Third Am. Pet,, p. 3):

~Softenin

Construction Cost

$3 million

S1,5 miJion

Annual 0

&

M Cost

$60,000

$30,000

Annual Debt Service Cost $300,000

$150,001

Any efforts to develop a new deep well would undoubtedly enc’unter

the same high barium levels as found in the present deep w~’li

(Well #~ and would incorporate the above treatment cost~lr.

additior

~u

well development costs.

West Dundee could purchase satisfactory water from sitter

Elgin or Carpentersville, Connections to Elgin would req~ire

approximately $2.75 million to construct the water main, pumping

station and purchase plant capacity, Contractual arrangements

with ~arp~rtersvU1e would require a $750,000 connection fee (to

offset scme Improvements needed to the Carpentersville system)

and normal user fees pius 25 (Third Am. Pet,, p. 4),

West Dundee has rejected each of the above alternatives ~

proposes to come into compliance by developing two new shallow

~r.it. wells, each producing approximately 600 gpm, rehabilitating

~qeli~2, and making improvements to the existing system (ThUd

p. 4—5). They believe this ta be the most cost effsative

met ~od ef providing satisfactory water to meet future demancL

r

~ce s

new

wells are on line, West Dundee wi~.luse the h~gh

barru~iweU (Well #1) only for emergency purposes (Third Am,

~ p. 5~,. The new wells and equipment will be completed by

N~vamb~r30, 1984; the reservoir and pumping station W~li ~e

~mpleted

a: April 30, 1985 (Pet. Ex. 14).

~o the extent consistent with applicable provisions o.~ the

Site Snaking Water Act, and regulations, this Board may qnait

~ianc~s tpon a finding compliance would impose an 3rbitL~reor

---

Sectio 35 of the

Illinois

Environmental

‘U

~,

Becaube Illinois

has been delegated

LI.

of

tho bacium

standard by USEPA, state

o~.

io~st as

stringent

as federal

variances.

In

.‘~

U~s

Board must

find that:

U

ciw~r~acteristics

of the raw

water

sources

teesonably

available to the system,

the

c~s.~er’

~&~not iieet the

requirements respecting

the

ma’~

~ritamirant

levels

of the drinking water

re~ I ~in: despite

application of the best technology,

.~hniques,

or other means, which

the

ed U

~‘~: :r

finds are

generally available

(taking

-~

:o~sideration);

and

I,

-~,

T~ :.

ting of a variance

will not

result in an

u

nole risk to the

health of persons

served by

U

(Section 1415 of

the Safe

Drinking Water

‘~‘

S.C. Section

300(g)—4).

I

~r criterion #1, the

Board

must determine what

I- tU- ~c

~

Iogj

treatment technique,

or

other means for

Wo~r ~u-Uec

t~,ao costs into consideration, The Board finds,

hasod c

-.

t

hat ~ onovided by West Dundee, that development

of

tw~

~ U

~~:ft

“e~ls is an

“other means”

generally availao1c

to

Boil

U

~ot

tar, the Board finds that the two new wells

will. c~,~ti

~

~ ~,atersource that is reasonably available

TO ~,‘

to,

the uth of the

variance

term,

r

~i~crUn is more complicated. The barium limitation

a rg I

“~

~i

5

o orojocted effects

on

the peripheral nervous

Ot

r

tc:~s P.ec,

¶ 23), Since 90 of West DundesU

pro ~‘nt ~e

~‘

i

comes tram Well #2

on the

northern edge of

ttr

~

~ge ~io of the users will

receive

low

barium water most

to

inc

.L’ a

~i’,

when demand

exceeds the capacity of Well

~2,

We I

~

ho -‘autheast edge of the Village will be turned

on I’-’

~i’

~tdrce, those users nearest Well #1 will he

~c

i’~

at ~cert~ally the barium concentration of the

-.

o a~iayses in

the record from Well #1 show

Ii. ant

9,37 mg/I

(Rec, ¶

15). This is far

r1Lat~on,but would be expected to occur w1th

I

‘

‘:ej~ocj

~o~tion,

and in a

limited area,

In view of

)

~—

~r

)

efforts the

Board will require as a

condition

3 tU short

term

of the variance,

the Board

U iilI o~cconstitute an unreasonable

risk to the

too

-t

‘~

o’r’U by the system.

~

~ Uli ots iaw,

West Dundee does not have immediate

~~i’

i~’i :aritity

of ow barium water

to serve its

---

5

needs, ~‘iathe

-

gest Dundee constructs a new source or

treatment

capacity for its existing

well, each option would take time.

immediate compliance

would require West Dundee to use only Well

#2,

which ceo service

only 90

of the demand, Therefore the

Board hUds Ll~at it

would be an arbitrary and unreasonable hardship

to require imuediate

compliance by West Dundee

and

that the

approximately one year

schedule (Pet. Ex, 14) constitutes a

reasonable compliance

time, The Board

specifically does not

excuse West DundeeTs past

non—compliance.

On November 22, 1974

this Board adopted a

maximum barium

concentration for finished

water of

1 mg/i (R73—13, 14 PCB 555),

Public water supplies

were given until

January 1,

1978

to comply.

The best evidence in the

record is that

West Dundee has never been

in compliance with this

nearly ten year old regulation. Moreover,

West Dunde&s completion

schedule (Pet. Ex,

14) shows that from

preliminary review to

complete construction takes approximately

one year. The record

is missing

any justification for

the many

years of non—compliance,

To further aggravate

the situation, the

low barium well cur-

rently produces 90 of the

Village demand

(Third Am, Pet,, p, 1)

and historically could have

produced 50

of the demand (35 PCB

187), Yet, until as recently

as several

months before the filing

of this proceeding West

Dundee was

supplying

up to

99 of its

demand train the high barium

well (Third

Am, Pet,,

p.

1). This

caused finished water

supplies

throughout

the system of

from 4

to

10 times permissible levels

—

for many years,

The simple act of

switching to Well #2 as the predominant supply results in 90

compliance. The Board received no explanation, in this record,

of why the switch was not made many years ago. Whatever the

reason, the re.,u?t is that

West Dundee users have been

exposed to

finished water contaminated at levels well above regulatory

limits for many years. The

Board will impose as a condition

of

this variance a public

notification program

to inform users of

the current levels during the term of the variance,

Since Well #2 cannot supply all demand, Well #1 must be used

occasionally. The higher

the demand the

more Well #1 must be

used. Since water from Well #1

enters the distribution

system

from the south side, each time it is used the probability that

southerr users will receive high

barium

water increases,

If

water .icmand decreases, the

exposure of southern users will

decrease.

Conseauently,

the Board will act to reduce

demand,

Pirst, the Board will

prohibit

new large user connections to the

system. This should prevent growth in average

water

demand above

the capacity of Well #2.

Second, the Board

will require a public

uwareness/notification

program urging users to restrict non~essentia3

water usage du~ing peak demand

times: those periods where

historical

---

6

usago

~oar than the

capacity

of Well #2.

This should

reduc-o

r’~

~

-

of time

when Well #1 must be turned on

to a

minimui

-

.‘o

steps should minimize

exposure

of southern

users

U

t

rium water,

Ci~

~ru

-

n

U has

requested

as

a condition of this variance

that Bc

u

ha -rohlbited

from providing water above 1

mg/i

barium

t

the

Sp-iii~

Hill

Mall, West Dundee does not presently

provide

U th~

Spring

Hill Mall (R. 125, 126), The Board~s

restric.

oOO c~.

n-of ton—residential usage connections, which will

prevent olga

usage of

Well

#1 and consequently protect residents

in the oouth rn portion of

the Village,

effectively disposes this

request.

Tl~

- ~.

ui o.

of

concern involves

the schedule for compliance.

West Dw~t~ ~ pivided a

completion

schedule

that calls

for

completu a

1.

~

~n

by April 30, 1985

(Pet. Ex. 14), yet asks

for a

V-iLlt

-

~tiI November 1,

1985.

Since the

evidence

in the

recoth thy

i

a variance

until

April 30, 1985, the Board

will gr-~no ~n ~

~o

until

that date only.

This

I

0

institutes the Board~sfindings

of

fact and

conc.

.i

.f

-it i~

this

matter.

ORDER

Thu

ULIOI or West

Dundee is hereby

granted a variance

for

its public ~

i

supply

from the barium

limitations

of 35

Iii.

Adm, Code

504.202, subject

to

the following

conditions:

1.

.i~s

iance

shall expire April

30, 1985,

or

as soon

as the tao new

drift wells are developed and

producing

porabic water

whichever is sooner,

2.

W~t tiridee

shall

develop

two new drift wells, each

cc ible

of producing approximately 600 gpm as soon

as

pOStLtle,

but

not later than April 30, 1985.

3, West Dundee shall

use Well #2 as

the

primary source

of water until

the two

new

drift wells are developed

ant

10 OSC.

4, Wes Dindee

shall use Well #1 only at times of peak

1’. ~U

(or

emergency) during the term of this variance.

tt -ha conclusion

of the

peak

demand or emergency

the

~at~-~ ~L~aias shall

be flushed within

two

days to

remove

~:rJ

~aator with

barium in

excess

of the limit,

58-.454

---

5.

t,t ~a .ar

Well #1 is teed, West

Dundee shall

a btrt~tmsampling

and

analysis program at the nearest

a’. a” ta i.e sampling site sufficient to identify those

ase:g

that

may have

been

exposed to finished water

aboz~ the ksarium

limit

and the maximum barium

limit

to

:fti s

0

6.

We:~

u.idce

shall maintain records of all results from

paxn,pcaph 5, and any results from

prior

barium

testing,

and irake them available

upon

request

by the Agency or

any ~.:a~’n.

7. Pur,j..t

ti,

35 Ill. Mm.

Code

606.201, Petitioner

wL.

:

m

t~

each user of its public water supply a

written notice to the effect

that

Petitioner has been

grac’ ed by the Pollution Control

Board

a variance

from “ho 1.0 mg/l barium standard in the first set of

watt:’- ii

Ils issued after the grant of this variance

and

..

‘~cythree months thereafter. The notice shall

stat

.•

the average content of

barium

in samples

taken

sir.i’” rho last notice

icr.’

taken,

8. West ;nndce shall not

allow new non—residential,

con—

no.

t.

.c to its water supply where anticipated usage

aa c

‘

lOt’ts gallons per day.

9

•

tne’ t

..~

.:àce shall prepare a notice informing residents

‘M us’

:ti

that high water demand increases the prob—

trUtt, Jet

some

users will be exposed to

barium

I

.

£

•t.na regulatory limits

and

requesting users to

rt• .c

.

s.~in—essentia1 uses (such as watering lawns)

t....

Lfl~

‘~

£

teds

of peak demand.

a. ~ .11 be sent to each user in each water bill

.tt-ur acceptance of this variance,

and

b. er 11 be published in a newspaper of general

‘..

u atson once each

month

that

water

demand

is

c’ acted to exceed

10. lIes’ P.

.det

shall take

all reasonable

measures with its

ez. stir’s tc’ai~mentto minimize the level of

barium

in

11. Woit ~

.‘4c

a’all inform the Agency (Regional Managerc

Public.

Supplies, Illinois Environmental Protection

---

8

Agency,

595 South State Street,

Elgin,

Illinois 60120)

within

ten days of receipt of

any and all complaints

about West

Dunde&s water which has as its source

or

may have

as its source Well

#1,

12. West

Dundee

shall

construct

and use a ground water

reservoir with a

minimum capacity

of

135,000 gallons,

no later than April 30, 1985,

13. Within forty—five days of the date

of this Order, West

Dundee shall execute a Certification of Acceptance

and

Agreement to be bound to all

terms and conditions of

this variance. Said Certification

shall be submitted

to the Agency at 2200 Churchill

Road, Springfield, IL

62706. The 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

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

83—164, June 29,

Petitioner

Authorized Agent

Title

IT IS SO ORDERED,

Board Members J.

Anderson and J. Marlin

concurred,

I,

Dorothy M. Gunn,

Clerk of the

Illinois

Pollution Control

Board, hereby

certify

that

the above

Opinion and

Order was

adopted

on the

~?9~-

day of

,

1984,

by a vote of

___

~thyM,Gu~Clerk

Illinois

Pollution Control

Board