ILLINOIS POLLUTION CONTROL
BOARD
May
14,
1981
CITY OF WEST CHICAGO,
)
Petitioner,
)
v.
)
PCB 80—227
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent.
JOEL G. FINA, HAROLD
J. SPELMAN AND ASSOCIATES, APPEARED ON
BEHALF OF PETITIONER.
DAVID RIESER
AND
MARILI McFAWN APPEARED ON BEHALF OF RESPONDENT.
OPINION AND ORDER OF THE
BOARD
(by J. Anderson~:
This matter comes before the Board on the petition for
variance of the City of West Chicago
(City),
filed December 15,
1980 and amended December
24,
1980.
The City seeks variance from
the
5 pCi/i radium and the 15 pCi/i
gross alpha particle activity
limitations of Rule 304(C)(1) of Chapter
6:
Public Water Supply.
On January
22,
1981,
the Illinois Environmental Protection Agency
(Agency) filed its Recommendation in support of grant of variance.
A brief hearing was held on March
30,,
1981,
at which one member of
the public was present.
The City
of West Chicago,
located in DuPage County,
distributes drinking water to approximately 12,000 residents and
90 non—residents.
Their water needs
are currently served by the
water
from three deep wells, one or
aLli
of which. are
in violation
of the gross alpha standard:
a Decerrtber,
1980 Agency analysis of
the water from the City’s distribution system showed gross alpha
particle activity of 21.8 ±6.47 pCi/i.
Tests for radium 226 and
228 had not been performed
(Pet.
6-7).
While the single gross alpha test is sufficient to indicate
violation of the standard for variance purposes, variance from
the radium standard cannot be granted when no tests have been
performed.
Variance from the radium standard is therefore denied
as unwarranted at this time.
The City has applied for and received a Lake Michigan water
allocation, but the allocation is not available until
1985
(Rec.
2—3).
Prior to receipt of the allocat.ion,
the City had determined
that development of an additional watE~rsource to blend with its
current water source was the most cosi~effective compliance option.
41—421
2
As of the filing date of the petition,
the
City
had already
expended $45,000 in the process of drilling two new shallow wells.
The total cost of the project
is expected to be $350,000,
and
t~i~
pumps are expected to be operational by July,
1982.
The
City
seeks
variance
to
allow
it
to
continue
to
distrib’~t’~
water
from
its
deep
wells
pending
completion
of
the
shallow
w’~ll;.
The City states that during the life of
the
variance
that
it would
modify its operating procedure,
to restrict the running time ot
the wells with the higher radioactivity levels
(Pet.
4).
The City did not put on additional evidence at hearing.
‘~h-~
~.gency
presented testimony of one employee—witness,
Mrs. Dor~th;
Bennett.
Mrs. Bennett testified that in her expert opinion th~
risk to the health of the City’s water users from consuming water
from the deep wells until the shallow wells were completed
“should
be minimal at these
(gross aiphal
levels”
(R.
15).
The Board finds that denial of variance from the gross
alplv:
standard would impose an arbitrary or unreasonable hardship,
in
view of the City’s past efforts and expenditures towards com-
pliance, the short term of the variance requested, and the
miriir~l
risk to health.
Variance,
subject to the conditions outlined in
the attached Order, is granted until September
1,
1982.
The tern
has been extended three months beyond the term requested to
allow
a slight cushion for start—up problems and delay
in putting
the
two new wells on—line.
This Opinion constitutes the Board’s findings of fact and
conclusions of law in this matter.
ORDER
1.
Petitioner, the City of West Chicago,
is granted a
variance from the
15 pCi/i gross alpha particle activity limit~.-
tion of Rule 304(C)(1)(b)
of Chapter
6:
Public Water Supplies,
until September 1,
1982,
subject to the following conditions:
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.
Petitioner shall expeditiously continue development
of two new shallow wells as an additional source
to blend with its current well source.
C.
The Petitioner
shall modify its operating procedures
so as to minimize the level of radioactivity
in the
water delivered
to its users.
D.
Pursuant to Rule 313(D)(1) of Chapter
6,
in its
first set of water bills or within three months
41—422
3
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
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.
2.
Variance from the radium standard of Rule 304(C)(lUa)
is
denied as unnecessary at this time.
3.
Within forty—five days of the date of this Order,
Petitioner shall execute and forward to the Illinois Environmental
Protection Agenc~(,PWS Enforcement Pro9rams,
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
PCI3
80—227,
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
were adopted on the
J4h
day of
/y’~
~.
,
1981 by
avoteof
&i~
.
(1
Christan L. Moffett~~~~1erk
Illinois Pollution ~C~ntrol~oari
41—423