ILLINOIS POLLUTION CONTROL BOARD
    March
    4,
    1982
    VILLAGE OF PARKERSBURG,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 81—195
    )
    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 Parkersburg
    (Village), Richiand County,
    filed December 11,
    1981 as amended December 24,
    1981.
    The Village
    seeks relief from the 1.8 mg/i maximum fluoride concentration
    limit of Rule 304(B)(4) of Chapter
    6:
    Public Water Supplies.
    The
    Illinois Environmental Protection Agency (Agency) filed its Recom-
    mendation in support of variance on January
    28,
    1982.
    Hearing was
    waived and none has been held.
    The Village serves the water needs of its 105 customers
    (population 268)
    from two wells.
    Water from these approximately
    300 feet deep wells
    is pumped into an elevated storage tank,
    chlorinated, then pumped into the distribution system without
    further treatment.
    Well #1 had, in May,
    1981,
    a fluoride content
    of 6.49 mg/l,
    and Well #2 a content of 6.96 mg/i.
    Various 1979
    and 1981 samples taken from the Village’s distribution system
    showed fluoride levels ranging from 5.5 mg/i to 7.6 mg/i.
    The Village states that there is no alternate ground water
    supply with lower fluoride levels available to it due to the
    nature of the aquifer underlying several southern Illinois
    counties.
    It also states, without further elaboration, that
    there is no “economically feasible” alternative surface water
    supply within 20 miles of the Village.
    Of the available treatment
    options for fluoride removal, adsorption has been identified as
    the most cost—effective for the Village’s system.
    There is internal disagreement between the costs of such a
    treatment system as recited in the body of the petition and as
    detailed in Exhibits
    A and B; the Board will place its reliance
    on the more detailed figures of the exhibits.
    Installation costs
    are estimated to be $169,000, and annual operation and maintenance
    costs
    to be $26,000.
    To finance these expenses, each users’
    typical $9.82 monthly bill would need to be increased by $37.27.
    45—481
    2
    The Village has distributed a questionnaire asking residents
    whether “you or any of your children experienced dental mottling...
    or
    fluorosis”.
    Of the 42 responses received,
    3 stated that some
    fluorosis had been experienced by children.
    However, the Village
    believes that fluoride at these
    levels presents no risks to the
    health of its users.
    As Exhibit E to its Recommendation,
    the Agency has attached
    a January
    19,
    1982 memorandum regarding the fluoride levels in the
    Village’s water.
    Raymond A. Kuthy,
    D.D.S, who is chief
    of the
    Division of Dental Health of the Illinois Department of Public
    Health,
    is of the opinion that, while the Village’s water has
    “higher than optimal levels of fluoride...these
    levels should not
    cause any acute or chronic adverse health conditions”.
    The Agency
    does not dispute the Village’s allegations,
    and recommends that
    variance be granted.
    The Agency acknowledges that this petition
    falls in line with recent cases in which the Board has granted
    5
    year variances to small municipalities,
    hut recommends variance
    only through January
    1,
    1984,
    the current deadline for exemptions
    under Section 1416 of the Safe Drinking Water Act,
    42 U.S.C.
    300(g)—5.
    The Board finds that the Village had demonstrated that denial
    of variance would impose an arbitrary or unreasonable hardship on
    its water users.
    While the occurrence of tooth mottling raises
    concern, the Board finds Dr. Kuthy’s opinion concerning lack of
    health risks highly persuasive.
    See
    also Vill~g~e
    of Kirkwood,
    PCB 81—111
    (December
    3,
    1981).
    For the reasons stated in previous opinions, consistent ~.zith
    §1415 of the SDWA, which has no deadline,
    the Board grants variance
    for a five year period,
    subject to the conditions outlined in the
    attached Order.
    (See City of Minonk, PCB 80—136,
    October
    2,
    1980,
    and cases cited therein 15
    p.
    3.)
    Among these conditions
    is the
    quarterly provision of notice of this variance, a statement of the
    fluoride content of the Village’s water and advice of possible
    tooth mottling effects.
    This Opinion constitutes the Board’s findings of fact and
    conclusions
    of law in this matter.
    ORD
    ER
    1.
    Petitioner,
    the Village of Parkersburg,
    is granted a
    five year variance from the 1.8 mg/l maximum fluoride concentration
    standard of Rule 304(B)(4)
    of Chapter
    6:
    Public Water Supplies,
    subject to the following conditions:
    a)
    Beginning on or about June
    1,
    1982,
    and at six
    month intervals thereafter, the Petitioner shall communicate
    with the Agency in order to ascertain whether fluoride
    removal techniques specifically applicable to small systems
    45—482
    3
    have been developed and identified.
    As expeditiously after
    such identification as
    is practicable, Petitioner shall submit
    to the Agency a program
    (with increments of progress) for
    bringing its system into compliance with fluoride
    standards.
    b)
    Petitioner shall take all reasonable measures with
    its existing equipment to minimize the level of fluoride in
    its water supply and shall not allow the fluoride concentration
    to exceed 8.0 mg/i.
    c)
    On or before March 31,
    1982 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 1.8 mg/l maximum fluoride standard.
    The notice
    shall
    state the average content of fluoride
    in samples taken
    since the last notice period during which samples were taken.
    The notice shall also state that “Studies to date indicate
    that consumption of water containing up to 8.0 mg/i fluoride
    does not produce adverse health effects, but may cause the
    cosmetic tooth mottling
    (browning or whitening of the teeth)
    effects of fluorosis in children under 12.”
    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 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:
    CERTIFICATION
    I,
    (We),
    ,
    having read
    the Order of the Illinois Pollution Control Board in PCB 81-195,
    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.
    45—483
    4
    I, Christan L.
    Moffett,
    Clerk of the Illinois Pollution
    Control Board, hereby certify that the above Opinion and Order was
    adopted on the
    L(4
    day of
    tT\IA.4L
    ,
    1982 by a
    voteof
    ____.
    I
    Christan
    L. Moffe
    t,1,)/~lerJc
    Illinois Pollution ‘t~ñtrolBoard
    45—484

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