ILLINOF’
    TION
    CONTROL BOARD
    A~igust
    5,
    1982
    CITIZENS UTILITIES
    COMPANY
    OF
    ILLINOIS,
    )
    Petitioner,
    )
    PCB 82—63
    )
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    )
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by J.
    Anderson):
    This matter comes before the Board on the petition for
    variance of Citizens Utilities Company of Illinois
    (Citizens)
    filed May
    6,
    1982 as amended June
    4,
    1982.
    Citizens seeks
    variance from the 15 pCi/i gross alpha particle activity and
    5 pCi/i radium—226,
    228 limitations of Rule 304(C) (1) of Chapter
    6:
    Public Water Supplies.
    On June 22,
    1982 the Environmental
    Protection Agency (Agency)
    filed its Recommendation in support
    of grant of variance until January
    1,
    1984.
    Hearing was waived
    and none has been held.
    Citizens seeks variance on behalf of one of its service
    areas, the “Chicago Suburban~area serving 7,090 water service
    connections in portions of the Village of Mt. Prospect, the
    City of Prospect Heights, and unincorporated areas in Wheeling
    Township.
    The water needs of these users are supplied by four
    deep (1320~to 1468~)wells,
    Nos.
    2,
    4,
    5,
    and 6; while an
    additional shallow (213~)well,
    No.
    1,
    exists, it is not
    normally used due to the limited production capacity of the
    aquifer.
    A sixth well has been abandoned.
    The gross alpha particle activity level of each deep
    well was determined by the Agency in 1974 or 1975; no data is
    available for Well No,
    1.
    The respective activity levels for
    Wells
    2,
    4,
    5,
    6 in pCi/i
    are, respectively, 19.7 ±4.2,
    19.1 ±5.1, 199 ±4.9,
    1i~2
    ±3.6.
    In October,
    1979, Citizens
    had Wells
    2,
    4,
    and
    6 tested for gross alpha and radium 226 and
    22:3
    :levels by Eberline~a private laboratory.
    In
    pci/i,
    Well
    No.
    2 showed levels of gross alpha of
    22 ±6,
    radium 226 of
    3.6 ±0.2 and radium 228 of
    4,4
    ±1.8; Well No,
    4,
    in two tests
    showed levels of gross alpha of
    20 ±6 and 19 ±2,
    radium 226
    of 2.8 ±p.2 and 2.9
    OI~ and radium 228 of 3,1 ±2.1 and
    5.0 ±2.0; ar~dWell ~o. ~3
    showed
    levels of gross alpha of
    14 ±2, radium 22~
    ~
    2
    ~indradium 228 of
    3
    9 ±2
    3
    2
    An Agency analysis of a composite of four quarterly
    distribution system samples taken between November,
    1980 and
    July,
    1981 showed a gross alpha
    level of 16.0 ±3.99, but did
    not report radium levels.
    Subsequently, Agency single samples
    showed levels of 1.58 ±1.44 pCi/i
    (sic)
    and 14.0 ±3.83 pCi/i.
    Citizens believed that there is no alternative complying
    groundwater source available to it.
    The shallow aquifer is
    viewed as infeasible either as a total replacement source or as
    a blending source, due to its unreliable production capacity,
    while the deep aquifer is generally believed to exceed
    radiological limitations.
    Compliance could be achieved by
    installation of treatment facilities at all
    4 wells at a total
    capital cost of $994,000.
    However, this installation and
    operation would impose additional yearly revenue requirements
    of $535,091, which would be passed on to Citizens’
    customers.
    Each would be required to pay an additional $73 per year,
    a
    42
    increase in rates.
    Citizens’ preferred compliance option is replacement of its
    well water supply with Lake Michigan water.
    It has received an
    allocation available to it in 1984,
    and is presently negotiating
    with two (unnamed) regional water supply systems concerning
    delivery.
    Depending upon with which system Citizens’
    contracts,
    this water could be available by November, 1983 or by July,
    1984.
    Finally, Citizens states
    its belief that no unreasonable
    health risks would be incurred by its customers if variance is
    granted.
    In support thereof, Citizens presents a statement by
    Dr. R.E. Rowland recommending an increase
    in the allowable
    radiological quality levels,
    and reminds the Board that it has
    taken prior notice of Dr. Rowland’s opinions.
    The Agency supports grant of variance until January
    1,
    1984,
    in view of the fact that no commitment has been made to a regional
    system which would make relief available until January
    1,
    1986.
    It suggests that since each of Citizens’ wells has elevated
    radiological levels, that blending
    is unlikely to be a productive
    enterprise.
    The Board finds that to require immediate compliance would
    impose an arbitrary or unreasonable hardship, particularly since
    there would appear to be little immediate threat to health from
    consumption of water containing radioactivity at the levels
    present in Citizens’ water
    (see Village of Kirkwood v.IEPA,
    PCB 81—111, December 3,
    1981 and Vilia9e of Lemont
    v.
    IEPA,
    PCB 80—48, April
    30,
    1981).
    Variance is granted until January
    1,
    1984 subject to the conditions outlined in the attached Order.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    47-502
    3
    ORDER
    1.
    Petitioner, Citizens Utilities Company of Illinois,
    is
    granted a variance from the 15 pCi/i gross alpha particle activity
    and
    5 pCi/l radium—226,
    228 limitations of Rule 304(C)(1)(a—b)
    of Chapter 6:
    Public Water Supply until January
    1,
    1984, subject
    to the following conditions:
    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 continued.
    b.
    Petitioner shall continue to pursue the option of
    replacing its well water supply with Lake Michigan water.
    As
    expeditiously after identification of a feasible compliance
    method as
    is practicable, but no later than January
    1,
    1984,
    Petitioner shall submit, to the Agency,
    a program (with
    increments of progress) for bringing its system into
    compliance with radiological quality standards.
    C.
    Petitioner shall take all reasonable measures with
    its existing equipment to minimize the level of radioactivity
    in its water supply.
    d.
    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 5 pCi/i radium—226,
    228 standard and
    15 pCi/l 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—five days of the date of this Order,
    Petitioner shall execute and forward to the Illinois Environ-
    mental 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:
    CERTIFICATE
    I,
    (We),
    ,
    having read
    the Order of the Illinois Pollution Control Board, in PCB 82-63
    dated
    ,
    uncerstand and accept the
    said O~ r
    reaTzing
    that
    ~ich
    acceptance
    renders all
    terms
    and
    conditions thereto binding and enforceable.
    47-503
    4
    Petitioner
    By:
    Authorized Agent
    Title
    Date
    IT IS SO ORDERED.
    I, Christan L. Moffett,
    Clerk of the Illinois Pollution
    Control Board, hereby,jjertify that the
    Opinion and Order
    was adopted on~the
    ~“~‘
    day of
    1982
    by a vote of ~
    Christan
    L. Mof e
    ,
    Clerk
    Illinois Pollutio
    ontrol Board
    47-504

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