ILLINOIS POLLUTION CONTROL BOARD
    September
    3,
    1981
    CITY OF KNOXVILLE,
    Petitioner,
    PCB 81—4
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by
    3.
    Anderson):
    On January 12,
    1981 the City of Knoxville
    (City) petitioned
    for an extension of the variances granted from the finished water
    standards
    for gross alpha particle activity and fluoride of Rules
    304(B) and
    (C) of Chapter
    6:
    Public Water Supply,
    in PCB 80—79,
    80—80
    (July 24,
    1980), the records of which are incorporated herein.
    Pursuant
    to leave of the Board,
    the City corrected deficiencies
    in
    its original petition by an amendment filed June
    22,
    1981.
    In its
    original Recommendation of January 19,
    1981,
    and its amendment of
    July
    15,
    1981 the Illinois Environmental Protection Agency
    (Agency)
    supported grant of variance until January
    1,
    1984.
    As stated in the earlier Opinion,
    the City of Knoxville,
    situated in Knox County supplies its 1125 water
    users from three
    deep wells
    (2480,
    1380,
    and 2480 feet).
    While the City has
    riot
    provided 1980 or 1981 results
    of sampling for fluoride,
    it has
    provided four 1979 test results showing fluoride concentrations
    of
    2.1,
    2,2, and 2.8 mg/i; the maxiumurn allowable fluoride concen-
    tration is 2,0 mg/i.
    A recent analysis
    (June 26 and July 1,
    1981)
    of the gross
    alpha particle activity level
    in the water of the
    City’s distribution shows activity of 30.1 ±9,10 pCi/i.
    The
    testing for radium 226 and 228 required when the 15 pCi/i maximum
    standard of Rule 304(c) has been exceeded has not yet been done.
    In iLs earlier Opinion at p.
    4,
    the Board noted that the City’s
    discussion of alternatives to treatment and combined treatment for
    radium and fluoride was deficient.
    The City~spresent discussion
    is also brief.
    It is stated that an additional complying water
    source for blending might be available were arrangements
    to be made
    for the purchase of water from the City of Galesburg.
    No details
    or costs concerning this option are given.
    The City states that
    softening some or all
    of its water possibly could bring
    it into
    compliance with both the fluoride and gross alpha
    standards, but
    again provides no details or costs.
    The City does however,
    reassert, but without updating or modification,
    its 1980 estimates
    4 3—2 7 5

    2
    that installation of
    a zeolite softening system to deal with the
    gross alpha problem would cost $750,000,
    and installation of a
    separate fluoride removing adsorption system would cost another
    $750,000,
    The difference previously noted by the Board between
    the City’s and the Agency’s estimated costs were not addressed
    by the City, but the City has not here challenged the Agency’s
    earlier estimated increase in monthly cost for each service
    connection of $4.00 for treatment for gross alpha,
    and $4.00 to
    $11.00 for fluoride treatment.
    In final support of its request, the City notes that both
    the fluoride and gross alpha standards are being reviewed by
    the federal government, and states its belief that continued
    consumption of its water presents no immediate threat
    to the
    health
    of
    its users.
    The Agency does not dispute the City’s assertions.
    It
    does,
    however,
    remark that the
    City
    has not submitted to
    it the comp-
    liance plan required
    by
    the terms of the Board’s Order of July
    24,
    1980.
    It is nonetheless recommended that variance be granted until
    January
    1,
    1984,
    the deadline date for exemptions
    under
    §1416 of
    the Safe Drinking Water Act.
    It would appear that the City has been less than diligent in
    investigating means
    of compliance with the reguirements of Chapter
    6.
    Its failure to timely comply with the Board’s Order
    is com-
    pounded by its failure to gather previously requested information
    during the six month period between the filing of its original
    and
    amended petitions.
    However,
    on balance,
    the Board finds that the
    City
    has
    proven
    existence
    of
    an
    arbitrary
    and
    unreasonable
    hardship.
    Variance is
    granted
    until
    January
    1,
    1984.
    The
    Board,
    of
    co~irse,
    expects no further delays in compliance with its Order,
    In
    addition
    to the other conditions outlined in the attached Order, the City
    is ordered to commence testing for radium 226 and 228.
    While the
    ~gency recommends that a compliance program be submitted within
    90
    days,
    in recognition of the possibility of regulatory change
    arid
    the fact that treatment technologies applicable
    to smaller systems
    are still being developed, the Board will not require filing of
    the plan until one year from the date of this Order.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter,
    ORDER
    1.
    Petitioner, the City of Knoxville,
    is hereby granted
    variance from the 2,0 mg/i fluoride limitation of Rule
    304(3)
    and the
    15 pCi/i
    gross alpha particle limitation of Rule 304(C)
    of Chapter
    6:
    Public Water Supply,
    until January
    1,
    1984
    subject to the following conditions:
    43—276

    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.
    By January
    1,
    1982, the Petitioner shall
    submit to the Agency a report on the availability of,
    and economic feasibility of utilizing,
    alternative
    water sources which could be blended with its current
    well source to reduce the fluoride and radiological
    content of its finished water.
    C.
    Begining on or about January
    1,
    1982,
    and
    at six month intervals thereafter,
    the Petitioner
    shall communicate with the Agency in order
    to ascertain
    whether fluoride and radiological contaminant removal
    techniques specifically applicable
    to small
    systems
    have been developed and identified, and to learn which
    Illinois landfills,
    if
    any, are able to accept wastes
    generated by softening processes.
    0.
    As expeditiously after identification of a
    reasibie compliance method as
    is practicable, but no
    later
    than January
    1,
    1983,
    Petitioner shall submit to
    the 7~gencya program
    (with increments of progress) for
    bringing its system into compliance with fluoride
    radiological quality standards.
    E.
    Petitioner shall take all reasonable measures
    with its existing equipment to minimize the fluoride
    in its finished water
    and shall not allow the fluoride
    concentration to exceed an average of
    4,0 mg/i.
    F.
    Pursuant to Rule 313(D)(1)
    of Chapter
    6,
    on
    or before December 30,
    1981 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 2.0 mg/i fluoride
    and 15 pCi/l maximum gross
    alpha particle activity
    standard.
    The notice
    shall state the average content
    of
    fluoride
    and
    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 Environmental
    Protection Agency,
    PWS, Enforcement Programs,
    2200 Churchill Road,
    Springfield,
    Illinois
    62706,
    a Certificate of Acceptance and
    Agreement tobe bound to all terms and conditions of
    bhis 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:
    43—277

    4
    CERTIFICATION
    I,
    (We),
    ____________________
    ___,
    having read
    the Order of the Illinois Pollution Control Board in PCB 31—4,
    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, hereby certify that the above Opinion and Order
    was adopted on the
    ~,J1day of
    ~
    ,
    1981 by a vote
    Christan L, Moffett,~1erk &
    Illinois Pollution Control Board
    43—278

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