ILLINOIS POLLUTION CONTROL BOARD
April 29, 1982
VILLAGE OF ORLAND
PARK,
)
Petitioner,
v.
PCB 82—10
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent.
OPINION AND ORDER OF THE BOARD (by J. Anderson):
This matter comes before the Board on the February 3, 1982
petition for variance filed by the Village of Orland Park, The
Village seeks extension through December 31, 1983 of the variance
granted in PCB 81—35 (May 28, 1981) from the 15 pCi/i gross alpha
particle activity limitation and the 5 pCi/i combined radium
limitation of Rule
304(C)(i)(a—b)
of Chapter 6: Public Water
Supply. The Illinois Environmental Protection Agency (Agency)
filed its Recommendation in support of variance on April 13,
1982. (The Board’s consideration of this filing, the belatedness
of which was the subject of no motion, should not be construed as
acquiescence to future unexplained filing delays which .jeop~rd~i.c’
the Board’s ability to render timely decisions.) Hearing was
waived and none has been held,
As explained in detail in PCB 81—35, the Village of Orland
Park, Cook County, operates its public water supply system serving
approximately 22,697 area residents in two separate parts. One
bhree well system delivers softened water; the other, whose two
deep wells are the subject of this variance, delivers unsoftened
water, 1981 Agency analyses of the waters of these deep wells,
#9 and #11, showed
respective
gross alpha particle activity levels
in pci/i of 25.3 ±7,15 and 18.4 ±7,21, In compliance with one
of the earlier variance conditions, a further test result for
radium 226 levels was submitted, although a radium 228 count was
not performed as required. In pci/i, the respective radium 226
levels for Wells #9 and #11 were 12,4 ±.6 and 9.7 ±.5, based
on a single analysis of one sample from each well.
The Board had also required that the Village explore the
technical and economic feasibility of achieving compliance through
blending. The Village reports that while blending is technically
feasible, this option would require expenditures for equipment of
$1,894,800. This compares quite unfavorably with the estimated
$280,000 total equipment cost of another option, the installation
of sodium zeolite treatment facilities for each well.
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The Village reasserts
that
its favored compliance option is
utilization of the Lake Michigan water allocation which becomes
available for its potential use January 1, 1984. The Village
reports that a referendum was submitted to its voters on March 16,
1982 concerning issuance of $12,000,000 in general obligation
bonds which would in part finance delivery of this water. (Neither
the Village nor the Agency have advised the Board as to the results
of this referendum.) However, in the event of the referendum’s
failure, the Village states that it would immediately proceed to
pursue the softening option.
The Agency recommends grant of variance with conditions
until January 1, 1984 based on its agreement with the Village’s
allegations, and its belief that continued variance will pose no
immediate threat to the health of the Village’s water users.
Based on the Village’s substantial compliance with the
previous variance, its attempts to finance utilization of its Lake
Michigan water allocation, and the Board’s belief that this
continued variance would pose little risk to health, the Board
finds that denial of variance would impose an arbitrary or
unreasonable hardship. The requested variance until January 1,
1984 is granted with conditions, one of which is that the Village
shall file a compliance program on or before January 1, 1983.
This Opinion constitutes the findings of fact and conclusions
of law of the Board in this matter,
ORDER
Petitioner, the Village of Oriand Park, is granted a variance
from the gross alpha particle activity and radium limitations of
Rule 304(C)(1)(a) and (b) of Chapter 6: Public Water Supplies,
until January 1, 1984, subject to the following conditions:
1. 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 shall be continued, and
testing for radium 228 shall be commenced.
2. As expeditiously as is practicable, but no later
than January 1, 1983, Petitioner shall submit to the Agency
a program (with increments of progress) for bringing its
system into compliance either by installation of a treatment
system or by replacement of its current water supply with
Lake Michigan water,
3. 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
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3
Petitioner has been granted a variance from the radiological
quality standards by the Pollution Control Board, The notice
shall state the average content of gross alpha particle
activity and radium, including available results from samples
taken since the last notice period.
4. Within forty—five days 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 he 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—10
dated
________________________
________,
understand and accept the
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, herqby certify that the above Opinion and Order was
adopted on the ~
day of
~
1982 by a vote of ~
Christan L. Moff
,
Clerk
Illinois Pollutio ontrol Board
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