ILLINOIS POLLUTION CONTROL
    BOART)
    May 28, 1981
    VILLAGE OF ORLAND PARK,
    Petitioner,
    PCB 81—35
    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 Orland Park (Village) filed March 5,
    1981. The Village seeks variance from the 15 pCi/l gross alpha
    particle activity limitation of Rule 304(C)(1) of Chapter 6:
    Public Water Supply. The Illinois Environmental Protection Agen27
    (Agency) filed its Recommendation in support of variance on April
    6, 1981, and amended it April 8, 1981 to correct a typographical
    error. Hearing was waived and none has been held.*
    The Village of Orland Park, located in southwestern Cook
    County, delivers water to its approximately 22,697 resident
    and non-resident water users (4,637 connections) from a syste~1
    operated in two separate parts. One draws water from three wefls
    and delivers softened water, The other draws and delivers non—
    softened water from seven currently operational wells, two of
    which, Well Nos. 9 and 11, are deep wells. These two deep wells
    deliver water with gross alpha activity in excess of the standard.
    A sample from Well No, 11 showed activity of 29,2 ±7.35 pCi/l
    (Pet. 3, Ex. A). The Village also reports (but does not attach
    supporting documentation) that the gross alpha activity of Well
    No. 9 is 25.3 ±7.15 pCi/l; as
    the
    Agency does not challenge this
    figure, the Board accepts it as accurate (Pet. 3, Rec. 2).
    *As explained in the Board~sOrder of
    May
    1, 1981 petitions
    requesting a hearing were signed by 1066 Orland Park residents.
    As these petitions were filed April 29 and May 1, 1981, long past
    the date for filing Section 37 objections, the authorization of
    hearing was not mandatory. The Board did not authorize a
    discretionary hearing, since the petitioner had not then and has
    not since waived the statutory decision deadline. Hearing could
    not have been properly noticed and held, and transcripts reviewed
    by the Board in the time period available.
    41—493

    2
    The Village has also submitted a report from the Argonne
    National Laboratories containing results of Argonne’s tests of the
    waters of various wells for radium 226 only. The maximum permis-
    sible concentration for combined radium 226 and 228 is 5 pCi/l
    (Rule 304(C)(1)(a). The combined readings for radium 226 from
    two test samplings each of Wells 9 and 11 were respectively, in
    pCi/l, 15.42 ±0.30 and 16.6 ±1.2. Testing for radium 220 had
    not been commenced.
    Tests for radium 226 were also conducted by Argonne o~the
    waters of the two deep wells in the softened water system, Wells
    Nos. 6 and 10. The combined reading for water from Well No. 6
    was 7.84 ±0.23 pCi/i. A single reading from Well No. 10 showed
    activity of 4.44 ±0.13
    pCill,
    and the finished (softened) water
    showed activity of 2.38 ±0.10 (Pet. Ex. B).
    The Board finds that the Argonne test results are sufEicient
    to indicate that variance from the 5 pCi/l combined radium stan-
    dard is needed. The Board will therefore construe the petition
    as seeking variance from Rule 304(C)(1)(a), as well as subsection
    (B) of that Rule.
    The Village estimates that the capital costs of installing
    softening equipment for treatment of the waters from Wells 9 arid
    11 would be $280,000; annual operating and maintenance costs,
    and costs for disposal of the resulting low level radioactive
    sludge were not calculated. The Village asserts that to requfre
    expenditure of these funds to attain immediate compliance would
    be arbitrary or unreasonable, as the Village has obtained a Lahe
    Michigan water allocation available for its use beginning in 1933.
    The Village believes that delivery of this water cannot he anti-
    cipated until January 1, 1984 due to “requirements of planning,
    engineering, financing, and construction” (Pet 4—5, Ex. C—D).
    The Board notes that neither the Village nor the Agency has
    considered or discussed the possibility of blending the waters of
    the deep wells with that of the shallow wells, so as to deliver
    finished water in compliance with the radiological quality
    standards. As no details concerning this aspect of the Villaqe’s
    system were provided, nor test results of water from the
    distribution system included in the petition, the Board cannot
    assess the feasibility of blending. The Board does find, however,
    that to require immediate compliance would impose an arbitrary
    or unreasonable hardship, particularly since there would appear
    to be little risk to health from consuming the Village’s water if
    this variance is granted (see Village of Lemont v. IEPA, PCB 80—48,
    April 30, 1981). The Board will therefore grant a variance until
    March 1, 1982, during which time the Village shall investigate the
    blending option. Further conditions of this variance are that the
    Village shall expeditiously pursue replacement of its well water
    sources with Lake Michigan water and shall notify its users of
    this variance.
    4 1—494

    3
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    Petitioner, the Village of Orland Park, is granted 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 March 1, 1982, 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. Petitioner shall, in consultation with the Agency,
    investigate the possibility and economic feasibility
    of blending water from its shallow wells with that
    of its deep wells to reduce the radiation level in
    its finished water, Petitioner shall submit the
    results of its investigation to the Board on or
    before January 1, 1982,
    3. Petitioner shall replace its current water supply
    with Lake Michigan water as expeditiously as is
    practicable.
    4. 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
    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,
    5. 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 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 he
    as follows:
    4 1—495

    4
    CERTIF ICATE
    I, (We),
    , having read
    the Order of the Illinois Pollution Control Board in PC3 81—35
    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 ce~tifythat the above Opinion and Order
    were ~dopted on the
    c~
    day of
    FY)
    4~. , 1981 by a vote
    of ~
    .
    Christan L. Moffe~,)’dlerk
    Illinois Pollution~ôntroi Board
    4 1—496

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