ILLINOIS POLLUTION CONTROL

BOARD

March 10,

1983

VILLAGE OF ALGONQUIN,

)

Petitioner,

PCB 82—140

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

)

Respondent.

OPINION AND ORDER OF THE BOARD

(by J.

Anderson):

This matter comes before the Board on the December

10,

1982 petition for variance of the Village of Algonquin

(Village)

The Village seeks an extension of the variance granted until

January 1,

1981 in PCB 78—3

(Supp.

Opinion and Order,

April

26,

1979) from the 1.0 rng/l maximum barium concentration limit of

35 Iii.

Adm.

Code 604.202

formerly

Rule 304(B) (4) of Chapter

6:

Public Water Suppliesi.

On January 24,

1983 the Illinois

Environmental Protection Agency (Agency)

filed its Recommendation

in support of grant of variance for

5 years.

Hearing was waived

and none has been held.

The Village of Algonquin,

McHenry and Kane Counties, owns

and operates a public water supply system providing drinking

water to approximately 2000 customers within~

The system consists

of

a spring water supply,

five wells, three water storage stand-

pipes and a system of water mains with water pressure booster

stations and appurtenant structures.

(As of the time of the

PCB 78—3 variance, Well

#5 was not in service).

The waters of Wells #1,

3, and

5 “contain no barium”,

according to the Village;

the raw water from Well #2 contains

barium in excess of

6 mg/l,

and of Well

#4 in excess of

8 mg/i.

(The Agency notes that barium levels

in Well

#4 reached 10,2 mg/i

in a 1977 test.

However, a 1979 test showed a level of 4.5 mg/i,

and a 1983 test showed a level of 3.93 mg/l.)

The Village has determined that the use of Well

#2 can be

terminated, but asserts that Well

#4

is an important part of the

system,

required for its reliability.

The Village wishes to use

Well

#4 only at times of peak demand or when other sources are out

of service, due to equipment malfunctions and the like,

51-259

---

2

The Village alleges that if Well

#4

is used in this limited

manner, the barium standard may be slightly exceeded in a small

portion of the Village from time to time,

It notes that since

the well discharges into a 0.40 million gallon storage tank,

that

even when used water from Well

#4 would often be mingled with

barium free water

from its other wells,

In support of its hardship claims, the Village states that

it has invested $200,000 in Well

#4, which it is loathe to

abandon,

It has spent in excess of $100,000 to develop barium—

free Well #5, and an additional

$750,000 to install

a new water

main system to distribute barium free waters

to the Village as

a whole.

The Village states that to remove the excess barium from

the waters of

Well

#4 would be feasible only by use of a lime

softening method, but that Well

#4 site is unable to accommodate

a softening plant of the requisite size,

The Village notes

that it has investigated and will continue to investigate

for

additional sources of barium—free water.

It remarks that the

village had authorized a study of improvements needed in its

water system to keep pace with growth demands,

to be completed

on or about June,

1983.

It does not anticipate appreciable

increase in pumpage from Well

#4,

as it expects developers to

assume any water costs associated with growth needs,

and to

provide any necessary barium-free water.

In support of the variance request, the Agency states that

it believes that use of water

from Well

#4 in a limited area

around the well under the limited conditions suggested will

impose no significant health injury,

It believes that limited

consumption of water even at the undiluted 10.0 mg/I would be

acceptable.

In so stating it notes that USEPA is reviewing the

barium standard, and has advised that it anticipates issuance

of a notice of proposed rulemaking in October, 1983 47

F.R.

48745.

Based on USEPA hearings held

in this matter,

the Agency believes

the USEPA revised limit

may be increased to 10 mg/i or higher.

While the current deadline exemption date under tht~Safe

Drinking Water is January

1,

1984, the Agency suggests that

“it appears that it would be within the spirit of the intention

of Congress of barium variances were extended past the January

1,

1984 deadline”,

The Board finds that,

under the limited use circumstances

here requested,

denial of variance would impose an arbitrary

or

unreasonable hardship.

Variance

with

conditions

is

granted

until

January 1,

1984, as the Board declines to extend relief beyond

a federal statutory deadline based upon speculation concerning

possible legislative and regulatory changes.

This Opinion constitutes the finding of facts and conclusions

of law of the Board in this matter.

51-260

---

ORDER

1.

Petitioner, the Village of Algonquin,

is hereby granted

variance from the 1.0 mg/i barium limit of 35

Ill.

Mm,

Code

604.202 until January 1,

1984,

subject to the following

conditions:

a)

Petitioner shall use Well

#4 only at times

of peak

demand or when other water sources are out of service.

b)

Whenever Well

#4

is used, Petitioner shall

sample

for barium at the nearest available sampling site.

of such sample results shall

be maintained,

c)

Petitioner shall take all reasonable measures

activity in its finished water.

d)

Petitioner shall continue to investigate

for

sources of barium-free water and shall file its results

with the Agency (Regional Manager, Public Water Supplies,

Illinois Environmental Protection Agency,

595 South

State

Street,

Elgin,

Illinois

60120) on or before January 1,

1984.

e)

Petitioner shall proceed with the study of its

water system to determine the improvements necessary to

meet the demands of the expected growth of the

Village and

shall file its results with the Agency at the address

in

subparagraph

(d) beginning January

1,

1984.

f)

Pursuant to 35

Ill. Mm. Code 606.201, 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 the 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 barium in samples taken since

the last notice period during which samples were taken.

2.

Within 45 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 the

variance.

This forty-five day period shall be held in abeyance

for any period this matter is being appealed.

The form

of this

certification shall

be

51-261

---

CERTIFICATE

I,

(We),

____________________________

______,

having read

the Order of the Illinois Pollution Control

Board

in

P03 82~i40,

dated ________________________________, understand

and

accept the

said Order, realizing that such acceptance renders

all terms and

By:

Title

Mr. Nega abstained.

I, Christan

L.

Moffett, Clerk of the Illinois

Pollution

Control Board, hereby qp~rtifythat the a~ove Opinion

and Order

was adopted 9n the

4~D~

day of

~

,

1983 by

a vote of

~-j-*)

(1

~

Christan

L, Mo~~?T

Clerk

Illinois Pollution

Control

Board