ILLINOIS POLLUTION CONTROL BOARD
April
1,
1982
VILLAGE OF HOFFMAN
ESTATES,
)
Petitioner,
v.
)
PCB 81—209
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 the Village of Hoffman
Estates
(Village)
filed
December 31,
1981 as amended
January 18,
1982.
The Village seeks
variance from the 15 pCi/l gross
alpha particle
activity level of
Rule 304(C) of
Chapter
6:
Public Water Supplies.
On February 22,
1982 the Illinois
Environmental Protection
Agency (Agency)
filed
its Recommendation in support of
grant
of variance.
Hearing was
waived and none has been held.
The Village of Hoffman Estates,
located in Cook and Kane
Counties,
supplies the
water needs of its
approximately 34,000
residents from 20 wells,
Twelve of these wells
are shallow,
ranging from 119 to
242
feet deep,
and produce roughly
one—third
of the Villag&s water.
The
other
8 wells
are drilled deep (1357
to 1415 feet)
into
the Galesville sandstone
aquifer,
the non-
complying barium concentrations of
which
were the subject of a
variance granted
in PCB
81—51
(July
9,
1981).
The gross alpha
particle activity
levels of the individual
wells
have not been
presented in this record.
Five
Agency samples
of water from
various points in the Village~s
distribution
system analyzed
in
1981 show gross alpha particle
activity
levels in
pci/i
of 31.9
±5.60
(composite
sample), 43,2 ±6,42,
20.9 ±
3.94,
less than
1.84
(sic) and
8,71 ±4,22,
As the former
three samples indicate
non-compliance with
the
15 pCi/l
standard, the Board finds this
sufficient evidence
to support the Villag&s
assertion of need
for a variance and
to allow
the
Board to
consider this petition.
Perhaps because
the gross alpha
levels of each well seem
not to have been
determined, the Village has
made no mention of
the possibility
of achieving
compliance through blending.
However,
the Village asserts that the ion exchange treatment system which
was investigated
in the course
of consideration of barium removal
in PCB 81—51 would
serve
to reduce the gross
alpha levels
in its
finished water,
This system was estimated to
entail costs of
46~31
2
$2,904,000 in capital expenditures, with
annual
operation and
maintenance costs of $360,000.
The Village believes that to
require construction of these facilities would impose an arbitrary
or unreasonable hardship as it has continued its participation in
the regional
Northwest
Suburban Municipal Joint Action Water
Agency (Water Agency).
According to the Water Agency’s timetable,
a pipeline allowing for transmission and use of the Village’s Lake
Michigan water allocation could be in operation by October, 1984.
As Hoffman Estates is part of the regional Water Agency,
the
Agency
recommends
grant
of
variance
until
January
1,
1986,
consistent
with Section 1416 of the Safe Drinking Water Act.
The Agency states in support of its conclusion that it
believes
that consumption of the Village’s well water will impose no
immediate threat to the health of its water users.
In light of the high cost to the Village of treatment of
its current water supply, the lack of demonstrated threats to
health
from
consumption of the Village’ s
water,
and
finally
the Village’s demonstrated commitment to the regional water
system,
the Board finds
that
denial
of
variance
would
impose
an
arbitrary
or
unreasonable
hardship.
The
requested
variance
from
Rule
304(C)
of
Chapter
6
is
hereby
granted
until
January
1,
1986,
subject
to the conditions outlined in the attached Order.
Given the relatively
short
life of this variance, assuming
no delays in the Water Agency’s timetable, the
Board
will not
require the Village to
make
extensive investigation of blending
as an option.
However, the gross alpha particle activity level
of each
well
should
be determined.
Thereafter,
to
the
extent
practicable
and
reasonable
considering
the
nature
of
its
distribution system, the Village will be ordered to
minimize
the gross alpha levels in its finished water.
This Opinion constitutes the Board’s findings of fact and
conclusions of law in this matter.
ORDER
1.
Petitioner, the Village of
Hoffman
Estates, is hereby
granted variance from the 15 pCi/l gross alpha particle activity
standard of Rule 304(C) of Chapter 6:
Public Water Supplies
until January 1, 1986, subject to the following conditions:
a)
Petitioner shall continue to perform its
obligations as outlined in the Northwest Suburban Municipal
Joint Action Water Agency (Water Agency) Agreement, as it may
be from time to time amended,
and
shall replace its current
water supply with Water Agency supplied water as expeditiously
as is practicable.
This variance shall terminate at such
earlier
time
as the Village ceases to be part of the Water
Agency.
46—32
3
b)
The gross alpha particle activity level of each
well shall be determined as expeditiously as is practicable.
Thereafter, petitioner shall take all economically and
technically reasonable measures with its existing equipment
to minir~izethe gross alpha particle activity level in its
finished water.
c)
Pursuant to Rule 313(D)(1) of Chapter
6,
on or
before June 30, 1982 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/l
gross alpha particle activity standard.
The notice shall state
the average gross alpha particle
activity level
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 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.
The form of the
certificate
shall
be as follows:
CERTIFICATE
I,
(We),
*
,
having read
the Order of the Illinois Pollution Control Board in PCB 81—209,
dated
_______________________
_________,
understand and accept said
Order, realizing that such acceptance renders all terms and
conditions thereto binding and enforceable.
Petitioner
By: Authorized Agent
—
Title
Date
IT IS SO ORDERED.
I,
Christan L.
Moffett,
Clerk of
the Illinois Pollution
Control Board, he~bycertify
that
t,~ieabove Opinion and Order was
adopted on the
~
day of
___________,
1982 by
a vote
of~/-~O
~
j/cllerk
Illinois Pollutior~-~trolBoard
46—33