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BOARD

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13 ~2

VILLAGE

OF

OAK

BRO~)K

Petitioner,

PCB

82—27

ILLINOIS

ENVIRONMENT?~L PRO~2~

C ~TCN

AGENCY,

Respondent.

OPINION

AND ORD3S CY T1~L C

This

matter

comes

~efcre

the

Reard

on

the

petition

for

variance

filed

by

the

VflJ~a~n.o~: Oak

BrOok

(Village)

March

16,

1982

as

amended

March

25~ 1~82

The

Villeqe

seeks

variance

from

the

15 pCi/i

gross ~LFha Re~ticieactivity

limitation

of

Rule

304(C)fl)

of

Chapter

~

Poblic

Water

Supply,

On

April

5,

1982

the

Illinois

EnvircncenL~

:

~1~ctection

Agency

(Agency)

filed

its

Recommendation

in

su;oerh

of

grant

of

variance

until

January

1,

1986~

Hearing w~

wcived

and

none

has

been

held.

The

vi:llage

ci

O~k~3r~ok~

~.

~a1ed in DuPage

County

supplies

an

annual

average of 2~9miLlion gaEons

per

day

of

water

to

4,323

customers,

of

which 314 are commercial

users accounting

for 57

of

all water billed.

Water is currently

supplied

by six wells, one

of which is

shallow (25O~deep Well

#3) and the other

5 of which

are deep

(1502~

to 1540~deec Wells

#1,2,5,6,7).

Well

#5 pumps

directly into a

gro~in~.res~nioir.Water from

the other wells

is

discharged to

the distribution system and

two elevated tanks.

The

gross

alpha :ieve~~sof each indivjdual

well have

not

been

provided.

However,

dup:1:Lcate Igency analyses

of a

composite of

quarterly

distribution systeo ~nmples taken

between August,

1980

and July

1981 showed gross aluh~. ~evel~ ~n pCi/I

of 18.5 ±4.15

and 15,7 ±

3~79. A single analysis

of a

single sample taken in

July, 1979

showed a gross aoha

:ie~relof 11,4

±4.85 pCi/l, and

duplicate

analyses of a single sanpie taken in

December,

1981

showed levels

of 17.8 ±4,27 and 11.6 ±3.11

pCi/i,

Testing for

radium 226 and 228

has not been done,

The Village

asserts that :Lnstailation

of facilities to treat

the water from each

wel.

prescribe two problems.

First, the cost

of facilities p~

well, based on treatment of

2,000 gallons of

water per minute,

is

estimated to be $1,277,184,

Second,

the

Village

lacks

land area sufficient to site

such facilities around

all but Well

#6.

---

As a ionj

~u

•

u..

wa~erquantity and

quality, the Vill~ge

u

)~t

‘~i~ea Lake Michigan

water

allocation which b coaes aVtt1~lC.

)~3.

“ince March 11,

1980,

the Village has beet

a

irewbci

1

he

DuRege Water Commission

(Commission), believir

Lha~c o e

on with the Commission~s

other municipal’ty ee be~ ~

~

~ielprnent of a common trans-

mission syster

is tie

~ ~t cc r~.ccl

ac~uiringa sufficient

supply of watef’.

While ~o detailed

niormation concerning

the

Commission~s

timetable has ~cen outincd,

the Village states

that

it “plans to be able to utili~e

i~

a

iccation by 1985”.

The Pgency gereral

j

a

ce~

~i

o

e

facts alleged by the

Village,

and is

th~ ‘inior ‘ia~coneutiption of the Village~s

water during any ~‘ir~rance

period

w.. I not result in an

unreason-

able

risk to health’.

The Agencj believes that the DuPage

Water

Commission is

a regional ~ater se~plysystem, and therefore

recommends groit of

a

u

an cry 1,

1986, the

deadline

date for members of

rcc

~

~ Cy sy tens under §1416 of the

Safe Drinking

Wc.ter

Ac~.

The Board

finds that tIe ‘i1U~ges membership in the

Commission satisfie~the

SLIIR

e~nifement.

In light of the

high

cost

and impracticibili.

of ~e

Licut of the Village

s

current

well water

bupply, the

liilagc

~

i cent to the regional water

supply system,

ana thv

r -~tewou

I ~ippearto be rirtle risk

to

health from continued

on~unit

or

f ~he Village’s water, the

Board

finds that denial of vaLiance would impose an arbitrary

or

unreasonable hardship.

‘a ~cn

i~

t erefore granted until

Jaunary 1,

1986,

sabjc.ct ~

~n

Vt.~.laie’scontinuing as part

of

the

regional Commission, and to Je o~herconditions outlined

in

the

attached Order,

As the

pumping

capacity of the Village’s one

shallow well

(1000 gpm)

is roughly one~tncrdof

c.he

combined pumping

capacity

of the

four wells &schar~ln~~.t’ ~.nedistribution system

(3630

gpm,

which excludes Well #3’s 13~30gpm capacity) the

Village has

been ordered

to utilize Well

#3

to the extent practicable,

to

minimize

the radiation content of ~ts finished water.

This

Opinion constitutes the Board’s findings of fact

and

conclusions of law in this i~atter.

1.

Petitioner, the Village of Oak Brook is granted a

variance from the 15 pCi/i

gross alpha particle activity limit

of

Rule 304(C)(1)(b)

of Chapter 6:

Public Water Supply until

January

1,

1986,

subject to the following conditions:

---

3

a.

Petitioner shall,

in consultation with the

Agency,

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

commenced.

b.

Petitioner shall continue to perform its

obligations as outlined in the DuPage Water Commission

Agreement,

as it may be from time to time amended,

and shall

replace its current water supply with Commission~~supplied

water as expeditiously as is practicable.

This

variance

shall terminate in the event that the Village ceases to

continue

as a part of the DuPage Water Commission or is

able

to use its allocation of Lake Michigan water,

c.

The Village shall utilize Well

#3

to

the

extent

practicable,

so as to minimize the radiation content

of its

finished water,

a.

Pursuant to Rule 313(D)(1) of Chapter

6,

in its

first set of water bills or within three months after the

date of this Order, whichever occurs

first, and every

three

months

thereafter, 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 15 pCi/I maximum gross alpha particle

activity

standard,

The notice shall

state the average

content of gross alpha particle activity in samples

taken

since the last notice period during which samples were

taken.

2.

Within forty~fivedays of the date of this Order,

Petitioner

shall execute and forward to the Illinois

Environmental

Protection

Agency,

PWS

Enforcement Programs,

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.

The form of the certificate

shall

be as follows:

I,

(We),

___________________

__________,

having read

the Order

of the Illinois Pollution Control Board in PCB

82-27,

dated

____________

__________

,

understand and

accept the

said Order,

realizing that such acceptance renders all

terms and

conditions

thereto

binding and enforceable,

Petitioner

By:

Authorized

Agent

47-261

---

4

Title

Date

IT IS SO ORDERED.

Board Member D. Anderson concurred.

Board Member

I.

Goodman abstained.

I,

Christan L.

Moffett, Clerk of the Illinois Pollution

Control Board, here~ycertify that

the

above Opinion and Order was

adopted on the

Jc~

day of

_________,

1982 by a vote

of

________

(:9

Illinois

Pollution

,rol Board