ILLINOIS POLLUTION CONTROL BOARD
July
9,
1981
VILLAGE
OF WAUCONDA,
Petitioner,
V.
)
PCB
81—12
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 Wauconda (Village),
filed January 28,
1981 and amended April
20,
1981.
The Village seeks variance
fror,
the 1.0 mg/i maximum barium concentration limitation of Rule 304
(B)(4)
of Chapter
6:
Public Water Supplies.
The Board had
previously denied the Village variance from this standard in
Village of Wauconda v.
IEPA,
PCB 79—185
(October 18,
1979), which
record was incorporated into this action by the Board Order of
February
5,
1981,
The Illinois Environmental Protection Agency
(Agency) filed its Recommendation that this variance request also
be denied on May
15,
1981.
Hearing was waived and none has been
held.
The Village of Wauconda, in Lake County,
has four wells wit~i
which
it could supply water to approximately 6000 people.
It is
currently supplying its users with water only from shallow Wells
1,
2,
and
3, which are located in the southwest; section of the
Village in near proximity to a 100,000 gallon elevated tank.
These
wells are in compliance with the Board’s barium standards.*
How-
ever,
the waters of these wells contain iron in excess of 0.3 mg/i,
and have very high hardness of about
370 mg/i.
This has been the
cause of complaints to the Village about “rusty water,
tastes,
and
odors” since 1979 when these three wells began to be used as primary
water
sources.
From 1973 to 1979, deep Well
#4 with its barium content of
3.6 mg/l was the Village’s primary water
source.
This well’s
water contains 0.0 mg/l of iron (sic),
and 220 mg/i of hardness,
and is accordingly preferred to that of the other wells for
domestic use.
Well
#4 is connected
to a 500,000 gallon elevated
tank in the northeast portion of the Village.
*The Board notes a considerable discrepancy
in the barium
levels recited for these wells
in PCB 79—185
(0.2,
0.3,
and
0.8, mg/i),
and in the instant petition
(0.06,
0.06,
0.07 mg/i).
43—21
2
As the Board found in PCB 79—185, Wells
1,
2,
and
3 are
adequate to handle the Village’s ordinary water needs, but not to
handle emergency needs
such as firefighting.
The Village reasserts
here that without use of its fourth well with its large storage
tank,
that it cannot maintain proper water storage capacity for
fire protection.
The petition in PCB 79—185 was dismissed as inappropriate,
since it anticipated and sought variance for “an emergency con-
dition before the fact”,
The instant petition differs from the
earlier one in that
it alleges that water users have complained
about the quality
of the shallow wells’ water, and that it notes
that
the deadline date
for
exemptions under the Safe Drinking Water
Act have been extended.
Also, an engineering report supplied with
the amended petition notes that the existing design of the pumping
controls for maintaining storage capacity in the two tanks results
in a hydraulic head loss
in
the mains between the tanks during peak
demand unless Well
#4 is also
in use,
leading to an inability to
maintain proper water storage capacity
for
fire protection.
While
the Board obviously
is concerned about the Village maintaining
sufficient supply capacity to serve its needs,
the Board has
insufficient information as to why the system cannot be adjusted
so that Well
#4 can be used either
for auxiliary backup or
in such
other manner that the system can continue to comply with the barium
standard,
short of use for fire protection during peak loads.
The Agency recommends denial
of variance for failure to prove
arbitrary and unreasonable hardship, characterizing the petition
as involving only a question of
“a matter of taste” preference for
non-complying water over complying water.
The Agency also notes
that the water from
Wells
1,
2,
and
3 is still well within the
Board’s standards for ininerological quality.
While
the Board
is not unheeding of the unpleasant qualities
of the shallow wells’ waters,
it cannot find that this inconvenience
is of sufficient magnitude as to amount to an arbitrary or unreason-
able hardship.
The Board declines to grant variance to allow the
Village to move from a state of compliance to one of non—compliance.
Variance is accordingly denied.
This Opinion constitutes the Board’s
findings of fact and
conclusions of law
in this matter.
ORDER
Petitioner,
the Village of Wauconda, is hereby denied
variance from Rule 304(B)(4) of Chapter
6:
Public Water Supplies.
IT
IS SO ORDERED.
Mr. Anderson abstained.
I,
Christan L. Moffett,
Clerk of the Illinois Pollution
Control Board, hereby certify that the above Opinion and Orde.r was
adopted on the
‘Y~
day of
____________,
1981 by a vote of
~
(I
~
~/‘~ç)~/1,~
(:(.
Christan L. Moffetl~J~lerk
Illinois Pollution tth~trolBoard