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