BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
R~C~VED
IN THE MATTER OF:
)
CLERK’S
OFFICE
)
JAN
03
2005
PETITION OF THE VILLAGE OF
)
AS
05-
(1~~
BENSENVILLE FOR AN ADJUSTED
)
(Adjusted Standard— Water)
STATE OF ILLINOIS
STANDARD FROM
)
Pollution Control
Board
35
ILL. ADM. CODE 620.410
)
REGARDING CHLORIDE AND LEAD
)
NOTICE OF FILING
To:
Illinois Environmental Protection Agency
Division ofLegal Counsel
1021 North Grand Avenue East
Post Office Box
19276
Springfield, Illinois
62794-9276
PLEASE
TAKE
NOTICE
that today I have filed with the Office ofthe Clerk of
the Pollution
Control Board APPEARANCE
of David
L.
Rieser on
behalf of The
Village of
Bensenville;
MOTION FOR EXPEDITED REVIEW;
MOTION TO ALLOW FILING OF
LESS, THAN
NINE
COPIES;
AND
PETITION
FOR
ADJUSTED
STANDARD
FROM
GROUNDWATER
QUALITY
STANDARDS
FOR
CHLORIDE
AND
LEAD
AT
THE
VILLAGE
OF
BENSENVILLE
LANDFILL
in
the
above
titled
matter.
Copies
of these
documents are hereby served upon you.
DATED:
January 3, 2005
MCGUIREWOODS
LLP
David L. Rieser
77
West Wacker Drive, Suite 4100
Chicago,Illinois
60601
(312) 849-8100
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
)
)
)
)
)
)
)
IN THE MATTER OF:
PETITION OF THE VILLAGE OF
BENSENVILLE FOR AN ADJUSTED
STANDARD FROM
35
ILL. ADM. CODE 620.410
REGARDING CHLORIDE AND LEAD
PROOF OF
SERVICE
I, David L.
Rieser, an attorney, hereby certify that I caused the attached pleadings to be
served upon all parties listed
on the attachedNotice ofFiling via first class U.S. mail from 77
West Wacker Drive, Chicago, IL,
on January 3, 2005.
MCGUIRE
WOODS
LLP
David L. Rieser
77 West Wacker Drive, Suite 4100
Chicago, Illinois
60601
(312)
849-8100
AS
05-~~
(Adjusted Standard
—
Water)
\\REA\245558.1
AS
05-~
(Adjusted Standard
—
Water)
CLERK’S
OFFICE
JAN
032005
STATE OF ILLINOIS
Pollution Control Board
-
-
‘‘~~PEAR~CE
“‘~
‘““‘‘‘‘‘‘
I
hereby
file
my
appearance
in
this
proceeding,
on
behalf of the
Village
of
Bensenville.
David L. Rieser
McGuireWoods
LLP
77 W. Wacker Drive,
Suite 4100
Chicago, IL 60601
312-849-8100
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
PETITION OF THE VILLAGE OF
BENSENVILLE FOR AN ADJUSTED
STANDARD FROM
35
ILL. ADM. CODE 620.410
REGARDING CHLORIDE AND LEAD
)
)
)
)
)
)
)
\\REA\245519.1
REC~E WED
CLERK’S OFFICE
JAN
032005
BEFORE THE
p~~d
ILLINOIS POLLUTION CONTROL BOARD
1NTHEMATTEROF:
,
)
PETITION OF THE VILLAGE OF
)
AS
05-c~’
BENSENVILLE FOR AN ADJUSTED
)
(Adjusted Standard
—
Water)
STANDARD FROM
)
35 ILL. ADM. CODE 620.4 10
)
REGARDING CHLORIDE AND LEAD
)
MOTION FOR EXPEDITED
REVIEW
The
Village
of
Bensenville
(“Bensenville”),
by
and
through
its
attorneys,
McGuireWoods LLP,
and pursuant
to
35
Ill.
Adm.
Code
101.5 12,
respectfully requests
that the Board expedite its review ofthis matter and states in support as follows:
1.
As
is
described more fully
in
the
Petition
and
the
supporting
exhibits,
Bensenville seeks this relief in
order to allow the IEPA to certify the completion ofpost-
closure
care at
the
Bensenville
Landfill.
This
Site
has
been
turned into
a
public
golf
course
using an JEPA grant and provides
a much needed public resource and open space
in the Village.
2.
As
is
described more
fully in
Section
III. C. of the Petition,
Bensenville
has sought the IEPA’s certification in this matter since it took over
the closed landfill in
1997.
During this time it has performed numerous
groundwater studies and analysis and
submitted
several
different
supplemental
permit
applications
and
amendments
to
the
JEPA
for their
review.
While
the
IEPA
has
worked
closely
with
the
Village,
it
has
determined that it caimot certify post-closure completion without this relief.
3.
Bensenville representatives met with the IEPA in May of2004
regarding
this
relief
and
submitted
a
draft
petition
to
the
IEPA
shortly
thereafter.
The Agency
reviewed the petition and responded with numerous useful
comments
which Bensenville
1
has
incorporated
into
the
Petition filed
today.
It
is
Bensenville’s
expectation
that
the
IEPA will recommend that this reliefbe granted.
4.
Bensenville respectfully requests the
Board to
expedite its review of this
Petition
in
order
to
finally
complete
the
process of obtaining
certification of it post-
closure care.
Until that
certification is
obtained,
Bensenville
must continue
to
conduct
quarterly
groundwater
sampling at
an annual
cost of $40,000.
Bensenville can
also
not
complete work on the public golf course until the certification is
completed. As a public
body,
Bensenville recognizes
that
these
procedures can
take time,
(and
recognizes
the
work that the IEPA has put into this matter as well) but also as a public body, Bensenville
seeks
to
be
responsive
to
its
taxpayers
by
reducing
expenditures
that
are
no
longer
necessary, based on the information it submitted to the JEPA and which it submits today.
WHEREFORE,
for the
reasons
stated
in
this
motion,
Bensenville
respectfully
requests that the Board expedite its review of this Petition.
David L.
Rieser
McGuireWoods LLP
77 W. Wacker Drive, Suite 4100
Chicago, IL 60601
312-849-8100
\\REA\245515.1
2
RECE
WED
CLERK’S OFFICE
BEFORE THE
JAN
032005
ILLINOIS POLLUTION CONTROL BOARD
STATE OF ILLINOIS
Pollution Control Board
INTHE MATTER OF:
)
)
PETITION OF THE VILLAGE OF
)
AS 05~&~
BENSENVILLE FOR AN ADJUSTED
)
(Adjusted Standard
—
Water)
STANDARD FROM
)
35 ILL. ADM. CODE 620.410
)
REGARDING CHLORIDE AND LEAD
)
MOTION TO ALLOW FILING OF LESS
THAN NINE
COPIES
The Village of Bensenville,
by
and through
its
attorneys, McGuireWoods
LLP,
respectfully requests that the Board allow it to file less than nine copies of its Petition for
Adjusted
Standard as required by 35
Ill. Adm.
Code
101.302(h). The Petition includes a
Groundwater Summary Report which runs to two volumes and includes over 745 pages.
This level of detail was required since Bensenville waived its
hearing and thus needed to
submit its
complete factual record.
Bensenville has attached the original and three copies
and submits that submitting six additional copies would be an unnecessary expense and a
drain on the Board’s own resources.
WHEREFORE,
for the
reasons
stated
in
this
motion,
Bensenville
respectfully
requests
that
it be
allowed
to
submit
an
original
and
three
copies
of its
Petition
and
Exhibits instead of the nine copies otherwise required by Board rules.
Village ofBensenville
David L. Rieser
McGuireWoods LLP
77 W. Wacker Drive,
Suite 4100
Chicago, IL 60601
312-849-8100
\\REA\2455 14.1
1
R EC E
V E D
CLERK’S OFFICE
BEFORE THE
JAN
1)3
ILLINOIS POLLUTION CONTROL BOARD
STATE OF ILLINOIS
Pollution
Control Board
iN THE MATTER OF:
)
)
PETITION OF THE VILLAGE OF
)
AS
05-
~
BENSENVILLE FOR AN ADJUSTED
)
(Adjusted Standard
-
Water)
STANDARD FROM
)
35 ILL. ADM. CODE 620.410
)
REGARDING CHLORIDE AND LEAD
)
PETITION FOR ADJUSTED
STANDARD
FROM
GROUNDWATER QUALITY STANDARDS FOR CHLORIDE AND
LEAD
AT THE VILLAGE OF BENSENVILLE LANDFILL
The Village. ofBensenville (Bensenville), by and through its attorneys
McGuireWoods, LLP, submits this petition to the Illinois Pollution Control Board (PCB)
for adjusted groundwater standards
for dissolved
chloride and total lead at the Village of
Bensenville Landfill located in Bensenville, Illinois.
Bensenville submits this petition
pursuant to Section 28.1 ofthe Illinois Environmental Protection Act (415 ILCS
5/28.1)
and 35
Ill. Adm.
Code 104,
Subpart D.
I.
INTRODUCTION
Bensenville seeks this relief for the Village of Bensenville Landfill (“Site”)
located at the northwest corner of Grand Avenue and
County Line Road.
Bensenville
acquired the
Site, which was closed in 1989,
from John Sexton Filling and
Grading
Contractors Corporation (“Sexton”) in 1997.
Since 1997, Bensenville has worked with
the Illinois Environmental Protection Agency (“IEPA”) to seek certification ofits post
closure status.
As will be described below, Bensenville has resolved all groundwater-
related issues with the JEPA except for the current presence ofelevated concentrations of
dissolved chloride and some periodic, historical elevated concentrations oflead.
Bensenville maintains and has demonstrated that the periodic, historic elevated
concentrations oflead and the elevated levels ofchloride are anthropogenic but not
related to landfill impacts.
The JEPA agrees that the concentrations ofthese two
parameters are likely anthropogenic and that road salt and non-point, off-site sources
have likely contributed to the elevated chloride and lead levels but has taken the position
that it cannot certify completion ofpost closure care forthe Site when groundwater on
the Site exceeds the PCB’s groundwater quality standards.
Bensenville seeks this relief
in order to obtain its certification ofcompletion ofpost closure care.
II.
DESCRIPTION OF RELIEF
A.
Standard from Which Adjusted Standard is Sought.
(35
Ill. Adm.
Code 104.406(a)).
Bensenville seeks relief from 35 Ill. Adm. Code 620.4 10(a) solely as it sets out a
standard for chloride and lead.
This regulation became effective November
25,
1991.
B.
Statute Which Regulation is Intended to Implement.
(35
Ill. Adm. Code
104.406(b)).
The PCB adopted this regulation pursuant to the Illinois Groundwater Protection
Act, 415 ILCS
55/1
et seq. and not to
implement the requirements ofthe statutes listed
at
35
Iii.
Adm. Code 104.406(b).
C.
Level ofJustification.
(35
Ill. Adm.
Code
104.406(c)).
The Groundwater Quality Regulations do not specify a level ofjustification for
seeking an adjusted standard ofan individual groundwater quality standard, although they
do specify a standard for seeking the reclassification of a given groundwater. 35 Iii. Adm.
2
Codes 620.450.
The PCB’s regulations applicable to landfills which continued to be in
operation after 1990 (and not applicable to the Site) containjustification for adjusted
groundwater standards at 35
Ill. Adm. Code
81 1.320(b)(4).
Although the Part
811
standards do not apply to this Site, the regulations for adjusting groundwater quality
standards provide a useful framework forjustifying this relief.
III.
DESCRIPTION OF PETITIONER’S
ACTIVITY
(35
Ill. Adm. Code 104.406(d))
Petitioner attaches and incorporates as Exhibit
1
the Groundwater Summary
Report dated December 21, 2004 prepared by Environmental Information Logistics, LLC
(EIL), Petitioner’s environmental consultant.
The Site description and environmental
information included in this Petition is taken from that document and its attachments.
A.
Location ofSite.
The Site is located in the Village ofBensenville in DuPage County at the
northwest corner ofGrand Avenue and County Line Road.
The landfill covers 53 acres,
41
of which are filled.
The landfill is bordered by the River Forest Golf Club to
the west,
Grand Avenue and the Mount Emblem Cemetery to the south (City ofElmhurst), County
Line Road and Interstate 294 to the east (City of Northiake), and a residential area to the
north (Village ofBensenville).
A map showing the location of the Site is attached hereto
and incorporated herein as Exhibit 2.
The area east of County Line Road and Interstate
294
is industrial and is
located in the City ofNorthiake within Cook County.
There are
no
schools, hospitals, or churches located within the residential areanorth ofthe landfill.
The Village is served by a municipal drinking water supply that obtains water from Lake
Michigan.
3
B.
Past Operations.
Prior to operation as a landfill, the Site, owned by John Sexton Filling & Grading
Contractors Corp. (Sexton),
was used as a borrow pit for materials utilized in the
construction ofInterstate 294.
From May 31,
1973 through July 24,
1987,
Sexton
operated the Site as a landfill, accepting demolition debris, concrete rubble, foundry
sands, and logs, brush, and debris generally derived from the landscaping industry.
The
Site also
accepted ash generated by an on-site, permitted air curtain destructor (ACD) that
operated intermittently
from March 1974 to October 1985.
The ACD consisted ofa
subsurface rectangular structure with concrete walls used to burn landscaping debris.
At
no time was the Site authorized to accept either hazardous or general domestic wastes.
C.
Closure/Post-Closure Care History
Sexton completed closure activities, including the decommissioning ofthe ACD,
on October 4,
1989.
Sexton submitted
documentation ofthese activities to the
JEPA on
October 30,
1989.
On January 29,
1990, the IEPA issued Supplemental Permit No.
1989-
305-SP beginning the required five-year minimum post-closure care period.
On
March 27,
1997, Sexton submitted a supplemental permit application (SPA) (IEPA Log
No. 1997-116) demonstrating that the post closure care requirements for the facility had
been met.
Dueto the then pending transfer ofthe property to the Village ofBensenville,
however,
Sexton requested that this SPA be withdrawn in a letter received by the Agency
November
25,
1997.
The permit was transferred from Sexton to Bensenville by the IEPA on December
23,
1997.
Bensenville acquired the Site with a grantprovided
by the JEPA.
Bensenville
sought the Site to develop it for use as open space.
In accordance with the IEPA’s grant,
4
and consistent with its post-closure care permit, the Village constructed a golf course,
which was opened to the public in the spring of 2003.
The IEPA issued Supplemental
Permit 1998-166-SP on June 12, 1998 in response
to a SPA requesting placement ofsoils on the cap and that the landfill’s name be changed
from the “County Line Landfill” to the “Village ofBensenville Landfill.”
Bensenville’s
consultant, EIL, prepared and submitted a SPA on August 31, 2000 to satisfy the IEPA’s
request for further Site groundwater assessment.
After EIL responded to a draft denial,
the IEPA issued Supplemental Permit No. 2000-321-SP on February 13, 2001
approving
the scope ofthe groundwater assessment monitoring plan.
EIL conducted the groundwater investigation and submitted the results to the
IEPA as a SPA (Log No. 2001-174) on May
1, 2001, as required.
The results ofthe
investigation indicatedthat there were no organic compounds in Site groundwater.
The
results also
indicated that there were some inorganic constituents in Site groundwater,
including chloride and lead, but at concentrations that were below permit-specified
criteria orwere attributable to background conditions.
The conclusion presented in the
SPA, therefore, was that the landfill had not caused any impacts to groundwater beneath
the Site.
On this basis Bensenville again requested that the IEPA release the Site from
post-closure care.
From October, 2001, through September, 2004, Bensenville and the IEPA
exchanged correspondence regarding the completion of post closure care forthe
Site.
The IEPA submitted several draft denial letters and Bensenville answered the IEPA’s
concerns until the only remaining issues were the current presence of chloride,
and the
periodic presence oflead in the
Site groundwater at concentrations exceeding their
5
respective Illinois Class I groundwater quality standards and not attributable to naturally
occurring conditions.
No other constituent concentration in Site groundwater currently
exceeds Illinois
Class I groundwater quality standards.
Messrs. Michael Hirt and Jay Corgiat of EIL met with Mr. Paul Eisenbrandt and
Ms. Gwenyth Thompson ofIEPA on June 9, 2003 to discuss the May 9, 2003 IEPA draft
denial letter and the IEPA’s concern regarding the elevated chloride and lead
concentrations.
During the meeting EIL summarizedthe previously submitted
documentation that
suggested an off-Site source ofchloride (e.g., road salt) and presented
the results ofnew evidence (comparison ofsodium to chloride molar ratios in
groundwater and leachate) that further strengthened the non-landfill chloride source
argument.
The IEPA acknowledged that there was compelling documentation to suggest that
off-Site, non-point sources contributed to the dissolved chloride and lead concentrations
in wells located near County Line Road and Grand Avenue.
However, the IEPA stated
that because the sources ofchloride and lead are believed to be anthropogenic and not
due to naturally occurring, background variability, and because the current chloride and
periodic lead concentrations in Site groundwater exceeded Illinois groundwater
standards, the Village would have to obtain a Site-specific adjusted standard for dissolved
chloride and total lead from the PCB before the IEPA will agree to release Bensenville
from the requirements ofpost-closure care at the Site.
6
IV.
DESCRIPTION OF GROUNDWATER CONDITIONS AND LACK OF
ENVIRONMENTAL
IMPACT
(35
Ill. Adm. Code
104.406(g))
A.
Geology
The near surface geology ofthis area is generally characterized by a varying
thickness ofglacially-derived soils overlying Silurian Age dolomite bedrock.
Based on
the findings of investigations conducted when the facility closed, the glacially-derived
soils at the Site range in thickness from approximately
55
feet, below Addison Creek, to
over 70 feet.
These consist of, in descending order, an upper silty clay unit
(5
to 25 feet
thick), an upper waterbearing unit comprised of silty sands (10 feet thick), a middle unit
consisting ofclayey till
(5
to 20 feet thick), a lower water bearing unit consisting ofsilty
sand
(5
to 20 feet thick), and at some locations a lower silt and clay unit
(5
to
15 feet
thick).
The lower water bearing unit is commonly referred to as a basal outwash, a term
that is based on its physical connection with the underlying Silurian Age dolomite
bedrock.
This basal outwash is the only water-bearing unit at the Site that the IEPA
requires to be monitored.
The results ofmore recent investigations suggest that the
glacially-derived soils overlying bedrockmay be less than 60 feet thick outside the
perimeter ofthe landfill.
These glacially-derived
soils tend to vary significantly in
thickness, texture, and continuity in northern Illinois.
In fact, the glacially-derived soils
completely
“pinch out” approximately four miles
to the southeast at the former Hillside
rock quarry and approximately two miles
to the southwest at the current Elmhurst rock
quarry (Piskin, K,
1975, Illinois State Geological Survey Circular 490,
Glacial Dr~fi’
in
Illinois: Thickness and Character),
both ofwhich were/are used to mine
Silurian Age
dolomite bedrock where it essentially outcrops at the ground surface
(i.e., where there is
7
no glacially-derived soil overburden material).
Based on regional information, the
Silurian Age dolomite bedrock under the Site may be greater than 200 feetthick and
contains a relatively large amount offissures, fractures, and solution cavities.
B.
Hydrogeology
Groundwater in the upper and lower water bearing units generally occurs as a
function ofrecharge
derived from vertical infiltration ofrunoffand precipitation from the
surface through the glacial deposits.
Groundwater recharge in the lower water bearing
unit is also
influenced by the underlying Silurian dolomite bedrock where the two are in
hydraulic or direct physical connection (ISWS Circular 149,
1981, included in Exhibit
1
as Appendix
11), such as at the
Site.
The upper water bearing unit is highly
discontinuous and heterogeneous across the Site based on existing borehole information.
As such, it yields minimal amounts of groundwater.
The IEPA previously allowed
groundwater monitoring in the upper water bearing unitto be discontinued.
Generally
speaking and on a regional basis, the lower water bearing unit is discontinuous and is
entirely absent a few miles downgradient ofthe Site (Piskin,
K,
1975, Illinois
State
Geological Survey Circular 490,
Glacial Drift in illinois: Thickness and Character).
Groundwater yield in the lower water bearing unit is generally relatedto the degree of
connectivity with the underlying Silurian Age dolomite bedrock.
The yield potentials
tendto
be much higher at locations where the lower water bearing unit are in direct
hydraulic connection with the underlying Silurian Age dolomite bedrock (ISWS Circular
149,
1981).
The lower water bearing unit, or basal outwash, has been monitored during the
post closure care period since 1990 via a network of six monitoring wells.
Of these, one
8
well (Gi 14) is located hydraulically upgradient ofthe Site.
The remaining five wells
(G115/R115, G116, G117, Gl18/R118, and G117/R1l7) are located downgradientofthe
landfill.
Depths to groundwater in the lower water bearing zone currently range from
approximately 20 feet to 35 feet below ground surface.
Horizontal groundwater flow in
the lower water bearing unit at the Site has been consistently from northwest to southeast.
Unretarded, horizontal groundwater flow rates are on the order of approximately four
meters per year, based on a calculated gradient of0.003
feet per feet (EIL, 2004,
Annual
Assessment ofGroundwaterFlow and Hydraulic Gradients),
an estimated hydraulic
conductivity of 1
x 10~cmlsec (Fetter, C.,
1980,
Applied Hydrogeology),
and an
assumed porosity of0.25 (Fetter, C.,
1980,
Applied Hydrogeology).
Chloride is a conservative constituent in terms ofits mobility in groundwater,
meaning that it generally travels unretarded in groundwater and, therefore, horizontal
travel times
forchloride would be expected to be on the order offour meters per year, or
1300 feetper
100 years.
Lead, however,
is significantly retarded compared to chloride.
Lead is typically modeled in Illinois
as retarded by a factor of 18 (IEPA,
Appendix
C to
LPC-PA2, Instructionsfor the Groundwater Protection Evaluationfor Putrescible and
Chemical Waste Landfills,
rev.
10/21/92).
That it, is lead is expected to migrate in
groundwater at rate ofapproximately 18 times
slowerthan conservative constituents,
such as chloride.
As such, horizontal travel times for lead would be on the order of0.22
meters per year, or 75
feet per 100
years.
Groundwater in the Silurian Age dolomite bedrock occurs in joints, fissures, and
solution cavities.
The groundwater yield within the bedrock varies considerably based on
the distribution and
connectivity ofthejoints, fissures, and
solution cavities, but tends to
9
be most productive in the upper portion ofthe bedrock where it is more densely fractured.
The Silurian Age dolomite bedrock is recharged directly from the overlying glacial
deposits, or directly from precipitation where the bedrock is exposed at the surface.
In
general, the Silurian Age dolomite bedrockis capable ofyielding significant volumes of
water compared to the lower waterbearing unit.
For example, based on a 1981
Illinois
State Water Survey report (ISWS Circular 149,
1981), “Groundwater withdrawals from
the shallow aquifers in DuPage County averaged 36.7 mgd million
gallons per day
during the past 13 years;
34.3 mgd was from the Silurian
Age
dolomite and 2.4
mgd
was from the sand and gravel.”
As such, less than
10 percent ofthe DuPage County
groundwater budget was historically (from the late
1 960s through the early
1 980s)
provided by the unconsolidated glacially-derived units.
These numbers have likely
decreased in recent years with the increased availability ofmunicipally supplied water
from Lake Michigan water.
Groundwater flow within the Silurian Age dolomite bedrock is generally from
west to east.
However, this flow is significantly affected on a local basis by dewatering
activities associated with numerous local rock quarries.
There is no Site-specific
groundwater flow information in the Silurian Age dolomite bedrock.
C.
Groundwater Quality
—
Silurian Age Dolomite Bedrock
Groundwater quality in the Silurian Age dolomite bedrock near the Site is well
documented and is known to be high in chloride and other inorganic
constituents (ISWS
Circular 149,
1981).
In general,
concentrations of total dissolved solids (TDS), hardness
(as CaCO3), sulfate, chloride, sodium,
and total iron are high and,
in many cases,
several
times higher than applicable drinking water standards.
The greatest concentrations of
10
these constituents tend to be found in areas that are more densely developed by human
activity, such as near the Site (ISWS Circular
149,
1981).
These constituents include the
highest total dissolved solid concentrations in the LaGrange-McCook and the Elmhurst-
Bensenville-Northlake areas, the highest chloride concentrations in the Elmhurst-
Berkley-Bensenville area, and the highest sodium concentrations in the Elmhurst-
Berkley-Bensenville and the Burr Ridge-Hinsdale areas.
Concentration contour maps
from ISWS Circular 149 are included as Exhibit
3.
In fact, chloride concentrations in the
Silurian Age dolomite bedrock nearthe Site were observed to be similar to those
observed in Site groundwater collected from the lower water bearing unit.
The high chloride concentrations in the Silurian Age dolomite bedrock have been
attributed to heavy road salt applications along major roads, including Interstate 294
(ISWS Circular 149,
1981), that infiltrates through the overlying glacial units,
including
the lower water bearing unit.
Based on information provided by the Illinois State Toll
Highway Authority (http://www.illinoistollway.comlportal/page?pageid=135,4131 4&_d
ad=portal&_schema=PORTAL), they applied an average of
56,665
tons ofsalt annually
during the past eight years to their 274 miles
oftoll roads.
This is equivalent to 207 tons
ofsalt per mile ofroad per year, or 34.5 tons ofsalt per lane-mile for a six lane highway.
As previously indicated, Interstate 294 runs north-south adjacent to the east boundary of
the
Site.
In addition,
Grand Avenue and County Line Road (which border the Site to the
south and east, respectively) are also salted during the wintermonths by both the Village
ofBensenville and DuPage County road crews.
In addition to surface infiltration of contaminants, significant dewatering
activities, such as those associated with nearby rock quarries
in Elmhurst (two miles to
11
the southwest) and Hillside (four miles to the southeast), have changed the redox
conditions in the Silurian Age dolomite bedrock, resulting in increased concentrations of
some dissolved constituents (ISWS Circular
149,
1981).
D.
Groundwater Quality
—
Lower Water Bearing Unit
Groundwater quality in the lower water bearing unit at the Site is well
documented on the basis ofnearly
14 years of quarterly post closure care monitoring and
statistical reporting.
During the 14-year time period there have been no confirmed
detections oforganic compounds in Site groundwater.
From a regional perspective, groundwater quality in the lower water bearing unit
is not well documented because it is not currently utilized to any great extent, especially
forhuman consumption, downgradientofthe
Site.
In fact, Bensenville and many nearby
communities either severely restrict or specifically prohibit the private use of
groundwater extracted from the glacial materials.
B.
Groundwater Usage
In order to evaluate the impact ofthe proposed change, EIL evaluated
groundwater usage and monitoring wells within one half-mile ofthe
site.
Bensenville
previously obtained all of its water from deep wells (ISWS Circular 149,
1981), and
currently obtains its water from Lake Michigan.
Bensenville also maintains a private
well use restriction (Bensenville Municipal Code 8-7-23), included as Exhibit 4, that
states:
“From
and after July 6,
1984,
it shall be unlawful for anyperson to
install
a well,
cistern, or other groundwater collection device to be used to supply any water
supply system
~f
a water main constituting apart ofthe Village ‘spublic water
12
supply system is within
two
hundredfeet (200? ofthe nearestproperty line of the
property upon which the well,
cistern, or other groundwater collection device
would be
drilled or connected.”
Based on communications with personnel in the Bensenville public works department
and DuPage County Public Health Department, well database information obtained from
the Illinois State Geological Survey (ISGS) and the Illinois State Water Survey (ISWS),
and a reconnaissance performed on December 2, 2004, there are no known private wells
or monitoring wells in Bensenville located within one half-mile ofthe Site that are
screened in the lower water bearing unit, with the exception ofthe Site monitoring wells.
Based on that same reconnaissance, there are no wells screened in the lower water
bearing unit in the City ofNorthlake located adjacent to and east (downgradient) ofthe
Site.
Northiake, as shown in the map in Exhibit
5,
does not currently maintain a private
well use restriction.
The majority ofproperties located within one half-mile ofthe Site
are industrial/commercial in nature.
In addition, there is a small residential area located
due east ofand within one half-mile ofthe Site.
Based on discussions with the Northiake
public works department, Cook County Public Health Department, and a number of
residents in the residential area, well database information obtained from ISGS and
ISWS, and a reconnaissance performed on December 2, 2004, the various
industries/commercial operations within one
half-mile downgradient of the Site obtain
their water from either deep bedrock wells or from Lake Michigan.
The homeowners
within the small residential areaare connected to the Northlake municipal water supply
that
is sourced from Lake Michigan and there are no known private wells or monitoring
13
wells located in Northlake within one half-mile downgradient ofthe Site that are
screened in the lower water bearing unit.
There were, however, a few monitoring wells previously located within one half-
mile ofthe Site associated with a former Leaking Underground Storage Tank (LUST) site
(Leon ParentTrucking, LUST incident number
961459).
Those monitoring wells were
abandoned based on discussions with the property owner and field observations during
the December 2, 2004 reconnaissance.
There was also a private well previously located
east ofthe Site on what is now property owned by National Trucking.
Based on ISGS
well records, the well was screened in the underlying Silurian Dolomite bedrock.
Company representatives ofNational Trucking indicated that the well was previously
abandoned.
The abandonment was evident during the December 2, 2004 field
reconnaissance.
The City ofElmhurst, located adjacent to and south
(downgradient) ofthe Site,
maintains an ordinance (Elmhurst Municipal
Code MCO-l-2003), included in Exhibit 4,
that prohibits the use of groundwater forpotable use within the city limits except via well
points operated by a city, those private wells in existence prior to the ordinance date (not
including those in need of repair), and private irrigation wells equipped with a backflow
prevention device.
The ordinance was approved subject to a memorandum of
understanding (MOU) between Elmhurst and the IEPA.
The MOU was completed on
December 4, 2003.
Elmhurst provides municipal water service sourced from Lake
Michigan to its residents.
Mt. Emblem Cemetery is the only property in Elmhurst that
is located within one
half-mile downgradient (south to southeast) ofthe Site, as shown on the map included as
14
Exhibit
5.
There are no other industrial/commercial facilities orresidential areas located
in Elmhurst within one half-mile downgradient ofthe
Site.
Based on communications
with personnel in the Elmhurst public works department, Mt. Emblem Cemetery, and
DuPage County Public Health Department, well database information obtained from the
ISGS and ISWS, and a reconnaissance performed on December 2, 2004, there are no
known private wells or monitoring wells in Elmhurst located within one half-mile
downgradient ofthe Site that are screened in the lower waterbearing unit.
There were, however, a number ofmonitoring wells previously installed in Mt.
Emblem Cemetery that were associated with a LUST incident (LUST incident number
913205).
These wells have since been abandoned based on discussions with the Mt.
Emblem Cemetery property manager and observations during the December 2,
2004
reconnaissance.
In addition, there were a number ofprivate wells that were located
approximately one half-mile south ofthe Site, likely within the confines ofthe cemetery.
However, based on well records obtained from the ISWS and ISGS, these wells were
screened in the underlying Silurian Age dolomite bedrock.
The Mt. Cemetery property
manager had no knowledge ofthe existence of these wells and there was no evidence that
they are still in existence based on the December 2, 2004 reconnaissance.
In summary, based on discussions with the public
works departments of
Bensenville, Northiake, including some local residents, and Elmhurst, including
personnel at Mt. Emblem Cemetery, and with the DuPage and Cook County Public
Health Departments, well database information obtained from the ISGS and ISWS, and a
reconnaissance ofthe area within a one half-mile downgradient ofthe Site, there is no
evidence to suggest that the lower water bearing zone is used as a source of drinking
15
water in Bensenville downgradient ofthe
Site, or the adjacent (downgradient)
communities ofNorthlake and Elmhurst within one half-mile ofthe
Site.
These
communities obtain their public drinking water supplies primarily, or solely, from Lake
Michigan.
Some deep wells were identified from well logs as screened in the Cambrian-
Ordovician aquifers underlying the Maquoketa Formation that, in turn, underlies the
Silurian Age dolomite bedrock.
It is not known whetherthese wells are currently in use.
In any event, the Cambrian-Ordovician aquifers are physically and hydraulically isolated
from the Silurian Age dolomite bedrock.
V.
DESCRIPTION OF COMPLIANCE
EFFORTS
AND
IMPACT OF
EFFORTS TO COMPLY
(35
Ill. Adm.
Code 104.406(e))
Bensenville evaluated the estimated costs for actions necessary to bring the
groundwater into compliance with the Board’s standards.
While it is not clear that any
action would achieve compliance with the Board regulation, a basic approach would be to
construct a cut-offwall around the lower water bearing unit, to
construct protection of
Addison Creek, to pump groundwater with elevated chloride and lead from the lower
water bearing unit, and to treat this groundwater in an on-site treatment unit.
The costs,
summarized in Exhibit 6, including hydraulic isolation of the lower water bearing unit,
groundwater extraction and construction ofan on-Site reverse osmosis treatment facility
to treat the affected groundwater would be on the order of$19,150,000.
Such costs are economically unreasonable and not justified from any perspective.
The lack ofeconomic reasonableness
is apparent from the facts described in this Petition.
There are no groundwater receptors or potential human health impacts since users within
one half-mile downgradient of the Site obtain their drinking water supplies from sources
16
other than the lower water bearing unit.
Further, despite the program outlined in
Exhibit 6, Bensenville cannot control or eliminate the sources of chloride and lead.
Even
if Bensenville implemented
some type ofgroundwater isolation, extraction, and treatment
program, the source ofchloride is ongoing and not subject to controlby Bensenville.
State and county highway departments apply the salt surrounding roads and Interstate 294
as a means ofensuring driving safety during snow and ice events and these separate
government entities are expected to continue this application in the future.
The source of
lead has also been demonstratedto be from an anthropogenic, off-Site,
non-point source
and, therefore, beyond the ability ofBensenville to
control.
As a result, Bensenville
cannot describe the conditions that would occur if itwere to
comply with the
groundwater standards since the non-compliance is not as a result ofits actions and there
is no action it can take which could result in compliance.
Although Bensenville, DuPage and Cook Counties, and the Illinois Department of
Transportation could, in theory, cease further road salting along the adjacent roads, the
potential health effects as they are related to road safety would be significant.
In fact, a
significant increase in the frequency of automobile accidents, many resulting in severe
injury and some with resulting fatalities, would surely be attributed to increased road
hazards associated with snow and ice if the application ofroad salt were to
cease during
the winter months.
Road salt has long been the material ofchoice in northern Illinois for
snow and ice melting because ofits relative abundance, cost effectiveness when
compared with alternative materials, and minimal impact to the environment.
Furthermore, there are no known significant health risks associated with the
ingestion of groundwater with the current level of chloride concentrations found in the
17
site groundwater.
Although there could be possible health-related effects associated with
the consumption ofgroundwater with high chloride concentrations for those with heart
and kidney disease (Wegner, et al., 2001,
Environmental Impacts ofRoad Salt and
Alternatives in the New York City
Watershed,
Stormwater), a Federal Highway
Administration (FHWA) study concluded that the major objection to high concentrations
ofsodium and chloride in public water supplies arises from the taste preference of
consumers (Winters, et al.,
1985,
Environmental Evaluation of CMA,
ReportFHWA-RD-
84-095, FHWA, USDOT).
In other words, the consumption ofsuch groundwater would
be objectionable to the consumer.
The Ohio Local Technical Assistance Program
(LTAP), associated with the Federal Highway Administration, Ohio Department of
Transportation, and the
Ohio State University reported that “Chloride from
road salt
affects taste, but has no effect on
human
health at the levels possible from road salt.”
(Ohio LTAP Quarterly,
1998, Volume
13, No.
1).
Finally, the Environment Canada
(Canada’s equivalent ofthe USEPA) found that, although high chloride concentrations in
groundwater could result in some adverse environmental effects to plant and aquatic life,
“The principal problem for humans from road salt is its adverse effect on taste...” and
that “Road salts are not dangerous to humans.” (Environment Canada, 2000,
Priority
Substances Assessment Report: Road Salts)
there are no known health risks associated
with the ingestion ofgroundwater with elevated chloride concentrations.
Therefore, there
would be no health and environmental benefits associated with potentially meeting
existing
groundwater standards by stopping the use of road salt.
There are commonly known health effects associated with the ingestion of lead.
The main target for lead toxicity is the nervous system,
both in adults and in children.
18
Long-term exposure ofadults to lead has resulted in decreased performance in some tests
that measure functions ofthe nervous system.
Leadexposure may also
cause weakness
in fingers, wrists, or anides.
Some studies in humans have suggested that lead exposure
may increase blood pressure.
Lead exposure may also cause
anemia.
At high levels of
exposure, leadcan severely damage the brain and kidneys in adults or children (EJSEPA,
2004,
Health Effects ofLead).
In spite ofthe potentially toxic effects of lead exposure,
there are no known groundwater receptors and, if there were, they would be unlikely to
ingest the water willingly because ofthe poortaste associated withthe high chloride
concentrations.
VI.
JUSTIFICATION FOR RELIEF
(35
Ill. Adm.
Code 104.406(h))
Again, while Bensenville is not bound by the standards of 35 Ill.
Adm. Code
811 .320(b)(4), Bensenville will look to these standards as a useful framework for
justifying the reliefit seeks here.
a)
The groundwaterfrom the lower water bearing unit does not presently
serve as a source of drinking water.
As described above, Bensenville has documented that the groundwater from the
lower water bearing unit does not serve as a source of drinking water for municipal or
private wells in Bensenville, orthe downgradient communities ofNorthlake (to the east)
and Elmhurst (to the south) within one half-mile downgradient of the Site.
b)
The change in standards will not interfere with or become injurious to,
any present or potential beneficial usesfor such waters.
As stated above, there are no current beneficial uses being made ofthese waters
and municipal ordinances in Bensenville and Elmhurst would preclude the use of this
19
groundwater as a potable water source in the future in those communities.
More
significantly, the Village and the adjacent communities ofNorthlake and Elmhurst obtain
their drinking water supplies from Lake Michigan.
There are no known industrial or
residential uses ofthe specific
groundwater downgradient and within one half-mile ofthe
Site.
c)
The change is necessaryfor economic or social development.
The proposed change will advance economic and social development by allowing
Bensenville to complete the golf course contemplated by the IEPA grant encouraging
Bensenville to develop additional open space.
In addition, the change would relieve
Bensenville from a significant financial burden insofar as the required quarterly
monitoring and reporting are concerned.
These costs account for approximately $35,000
to $40,000 per year, an amount that could be
allocated to beneficial community
development, beautification, or recreation projects.
The proposed change will not affect human health because groundwater from the
lower water bearing unit is not utilized forhuman consumption within one half-mile
downgradient ofthe Site.
d)
The groundwater does not presentlyand will not in thefuture serve
as a
source ofdrinking water.
Although it is technically feasible to
eliminate or reduce the chloride and lead
concentrations in Site groundwater, it is not economically reasonable to eliminate or
reduce the chloride and lead concentrations in Site
groundwater because the cost is
extremely high and there is no evidence to suggest that Site groundwater is used for
human consumption or any known industrial purposes within one half-mile downgradient
20
from the Site.
There are no known human health impacts associated with the
consumption ofgroundwater with chloride concentrations similar to those measured in
site groundwater.
While there are humanhealth impacts associated with the ingestion of
lead, its migrationrate would be on the order ofonly 0.22 meters per year (or
approximately 75 feet per 100 years) and, therefore, it would take a few hundred years
before lead impacted groundwater from the Site would be expectedto migrate off-Site to
the nearest downgradient property.
It is also unlikely that a person would willingly ingest
such groundwater because ofits offensive taste associated with the high chloride
concentration.
Bensenville and adjacent communities obtain their drinking water from
Lake Michigan.
Since the groundwater is not used for human consumption, it must be
concluded that the safety benefits to motorists ofusing road salt (ice-free roads) far
outweigh any potentially beneficial
impact ofreducing chloride concentrations in Site
groundwater by eliminating the application ofroad salt to heavily traveled Grand
Avenue, County Line Road, and Interstate 294 adjacent to the
Site.
It is possible,
however, that existing groundwater quality will be maintained as a function ofthe
quantity ofroad salt applied during upcoming years.
This Petition also meets the statutory requirements
set out at Section 28.1(c) ofthe
Illinois Environmental Protection Act (415 ILCS
5/28.1(c))
forjustifying
an adjusted
standard. There are numerous factors which establish that the Bensenville situation is
substantially and
significantly different from those the Board considered in adopting the
Ground Water Quality standards.
First, Bensenville has sought this change to complete
the project of turning a private landfill into a public
open space resource pursuant to
IEPA funding. The groundwater issues represent conditions which originated from
other
21
sources and which cannot be resolved by any reasonable action that Bensenville can take.
Finally there will be no
environmental impact associated with the Board’s granting of this
adjusted standard and no impact on public health since the public
is not consuming this
groundwater and not likely to in the future for reasons which do not relate to the activities
for which the Petitioner seeks relief. Finally, as is stated below, this reliefcan be granted
consistently with federal law.
For all these reasons, the adjusted standard sought by
Petitioner is justified.
VII.
THTS RELIEF CAN BE GRANTED CONSISTENT WITH FEDERAL
LAW
(35
Ill. Adin.
Code
104.406(i))
The closure ofthis Site is not controlled by any federal law and no federal
law
sets standards for groundwater which is not used as a potable water supply.
Neither the
municipal solid waste landfill regulations northe hazardous landfill regulations adopted
under the Resource Conservation and Recovery Act (42 U.S.C. 6901
et seq.) apply to this
Site.
Therefore, this relief can be granted consistent with federal
law.
VIII.
STATEMENT OF RELIEF REQUESTED
(35
Ill.
Adm. Code
104.406(g))
Bensenville requests that the Board adopt the following adjusted standard:
The dissolved chloride standard in 35
Ill. Adm. Code 620.4 10 shall be
adjusted from the existing
standard of200,000 ug/L to
728,963.
The total
lead standard in 35 Ill. Adm.
Code 620.410 shall be
adjusted from the
existing
standard of7.5 ug/L to 47.8 ug/L.
These adjusted standards shall
apply to groundwater withinthe lower water bearing unit down to the top
of the Silurian dolomite bedrock beneath the former Village of
Bensenville Landfill Site located at:
Address:
Northwest corner ofGrand Avenue and
County Line Road,
Bensenville, Illinois.
22
Legal Description:
Parcel
1
(Pin Number 03255200004):
Thatpart ofthe northeast quarter
ofSection 25,
Townsh~p
40 North,
Range 11 East,
ofthe thirdprincipal
meridian described by commencing in the north line ofsaid section at a
point 1019.04feet eastofthe northwest corner ofsaid northeast quarter;
thence southeasterly along the easterly line ofproperty described in
document 388417,
1573.55 feet to the centerline ofGrandAvenue,
thence
easterly on
the centerline of GrandAvenue
700.0feetfor aplace
beginning; thence northerly 1602.1feet to apoint in the section line which
is
1865.04feet ofthe northwest corner ofsaid northeast quarter; thence
east along the north line ofsaid northeast quarter 768.8 feet to the
northeast corner thereof thence south along the east line ofsaid northeast
quarter 1641.55 feet to the centerline ofGrandAvenue; thence westerly
along the centerline of GrandAvenue 692.28feet to the place ofbeginning
(except therefrom
the rights ofthepublic all existing roads and streets),
in
DuPage County, illinois.
Parcel
2 (Pin Number 0325200003):
That part ofthe northeast quarter of
Section 25,
Township 40 North, Range 11 East, ofthe thirdprincipal
meridian described by beginning in the north line ofsaid section at apoint
1019.04feet east ofthe northwest corner ofsaid northeast quarter; thence
southeasterly along the easterly line ofproperty described in document
388417,
1573.55feet to the centerline ofGrandAvenue; thence easterly
on the centerline ofGrandAvenue,
700feet; thence northerly 1602.1 feet
to
apoint in the section line which is 846. Ofeet eastfrom theplace of
beginning; thence west 846.0feet to
theplace ofbeginning,
except
therefrom thatpart thereofdescribed asfollows:
the west 200feet (as
measured along the centerline ofGrand Avenue) north ofthe south 400
feet (as measured on the easterly line ofproperty described in document
388417) lying northerly ofthe northerly line of Grand Avenue (said
northerly line ofGrand Avenue being40feet northerly ofand parallel
with the centerline of Grand Avenue; in DuPage
County, illinois.
Parcel 3 (Pin Number 0325200002):
The west 200feet (as measured
along the center-line ofGrand Avenue) ofthe south 400feet (as measured
on the easterly line ofproperty described in document 388417) lying
northerly ofthe northerly line ofGrand Avenue (said northerly line of
Grand Avenue being 40feet northerly ofandparallel with the centerline
ofGrand Avenue) ofthatpart ofthe northeast quarter ofsection 25,
Township 40 North,
Range 11,
east of the thirdprincipal meridian,
described by beginning in the
north line ofsaid section at apoint 1019.04
feet east ofthe northwest corner ofsaid northeast quarter; thence
southeasterly along the easterly line ofproperty described in document
388417,
1573.55feet to the centerline ofGrandAvenue; thence easterly
on
the centerline of Grand Avenue,
700feet,
thence northerly 1602.1 feet
to
apoint in the section line which is 846.0feet eastfrom theplace of
23
beginning; thence west 846.0feet to
theplace ofbeginning,
in DuPage
County, illinois.
IX.
HEARING WAIVER
(35
Ill.
Adm. Code
104.406(j))
Bensenville waives a hearing forthis Adjusted Standard.
X.
CONCLUSION
The Village requests an adjusted standard for chloride and lead in Site
groundwater so that the IEPA will release Bensenville from further post-closure care
monitoring at the
Site.
The Site is
currently used as a public golf course, and is located
within a highly developed areathat consists primarily ofindustrial and commercial
properties downgradient ofthe
Site.
Bensenville and adjacent communities are served by
municipal water supplies that are sourced by Lake Michigan and, therefore, are not
dependent upon groundwater obtained from the glacial materials beneath the
Site.
The request for an adjusted standard is supported by a significant amount of Site-
specific data, summarized herein, that demonstrates that the Site does not represent a
threat to
human health orthe environment.
The dataindicates that an off-Site source,
probably road salting on adjacent roads, is likely responsible for the relatively high
chloride concentrations observed in some Site groundwater from the lower water bearing
unit.
The data also indicates that unknown off-Site anthropogenic sources are responsible
for the periodic,
historical elevated lead concentrations observed in Site groundwater.
Reviews ofregional studies indicate that both the glacial materials and the underlying
Silurian Age dolomite bedrock have been significantly influenced by human activity,
resulting
in high chloride concentrations, among others.
However, human consumption
of Site groundwater will not occur because the public
drinking water in Bensenville and
24
the adjacent (downgradient) communities ofElmhurst and Northiake are sourced from
Lake Michigan.
Furthermore, Bensenville and Elmhurst maintain local ordinances that
restrict the private use of groundwater from the glacial materials, including the lower
water bearing unit.
WHEREFORE, forthe reasons stated herein, the Village ofBensenville requests
that the Illinois Pollution Control Board grant this adjusted standard.
David L. Rieser
McGuireWoods LLP
77 West Wacker Drive
Suite 4100
Chicago, Ii 60601
312-849-8249
\\REA\245042.1
VILLAGE
25
EXHIBIT
1
December 21,2004 EIL Groundwater Summary Report
(See Attached Binders)
EXHIBIT 2
Site Map
—
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E,wirc,nn,ental
Information
Lagi~tIca, L.L.Ci
Figure
1
Site Location
Village of Bensenville Landfill
Bensenville, Illinois
EXHIBIT 3
Contour Maps Showing Area Chloride Levels
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purposes s
~
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~
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osa~atostart~ats
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while4aerltSdng the
redevelopment
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zun
ofpr*pertjes filetaS the
soureed~aid~lefl*iUttiftL.
SoW~
~QflW?
.u::.~.
Q~.ThflP
by.
S
Ehx*irsç 1Page
andCook
C~$Ued~
UiluoSasfolIIwa~
patntoN 1.
ThatSectkq4t 7M2
oftize
Elntxrst
MiudelpaLCock
is
amended byadthng
new
Subsec4ots
(a),
(bb),
(ct)
arid(44) ns foliuws’
fl.,p~*~üót
a~fl
ftr1idSiié~äSstIä
éQUSL~wPUOLtclUfl&
but
not
lSSto,
water usedfo~b~nkmg,
bathw& aw mmMg~washfrigdisfies~
prprepz~nng~
.(bb)
ikivatePolableW$!cW$l!S
..&
4YWt~fl$).4
t*i4edty
artyiPi;
fimi~,
coxporaonor otherentity
which is
(t)
not apennftedpubhoivatetsu~plyoptmtar-or
(ii)
s
pnWte wat4rsupply operator regWate4 by
the
Illinois Comuiarce Conimisslon~
(cc)
“Private Irrigation
Water
Weir
meats~iny
well owned and maintainedby nutypcrson~,
fri1 coqseranoxtorother entitywbich
is (i) n~t
aperxnltted
pubk
upply-operateror
01) s privatewater supply operator regulated by the TUIn*ns Comsnez!cra Cottmssson the
water
fi~om
winch well I~
used
solely far ungabon puq~oses
and not fIx use as a pQI*I,14
groundwater
wefi!
providedthat all such wells shallbcowned, maintainedandcontrolled
l~y
(s)
a
governmental entity or (is) aprivate property owner where the area propoiaid to be
ii~igaS
~
ed
~Ø)
~Ø
in area
S.~
óh~ai~a
i~
ôwned:.by
suchprf
vaLe property
(dEl)
4~pr~cj~~
xaeani~
y6n&èmoreotthe following operations oraetMti~rwh~ri
p~rfernwd
on or
to
a PrivatePotable
Water
Well’
Copies
To
AR
Erected
Officials
~
(4rejsw.bthepLtSSi.ptet~.
(rv)batU~gefmate4s1
ineludlngbut
xtotlimiteqyesS~
‘4lnor
Repairmeans anyoneormoreofthelollc4dnronerations’er aetivlth
Ontotorrqilacement
(j4~f~~j~fl
(iv)
MbFdE~nu~fr
(v) repairsor replaee~nstofp~~nng
otherthen the$lesa adaptet~
SEC1iQ1L~Z
that Chapter7 ofthe ElnihwstM*áeipal
Sc,s
atnendcdbyadclinganew
:A1tMVflUL~:$QilSt
Article WE
PrivateW~er
SupplyWells
~.S
.?roi~On;Samptioüt/
(~)
tlseoEbr*undwater as a~MabJk
Water Supplywélittect
The
use
at attemptto use
gnundwater
aa a potalile wate* supply horn within theeorporate luriltsofthe City by4he
installation
oz~
drilling ofwells
orby
anyother
method is
hereby
prbbjbtted, abject
to
Subsection (5) hereof
(b)E*entptfons~tic foUo~ving
wdll~
shall
bflxtpt than the
prehilstion sUUbrth
in
Subsection
(a) heieof~
(1)
wellaat~p~ownibytheCty
(ii)
PrivatePotable Water Wells
in. Sstence
before the
effegttvadatC~otthss
~*dthSàouot.inclütftng
b~*:elIflbat
~e
1
n~ofMijott~t*;
(iii)
Pdv~th
Irdgatioiz:W$1jç4
~a~..~Ø4~4p$d
ss’lsckfbw
preventiondevicea~
required
by
the
reguSlons
of the Illinois
Enviromncrnsl
~stebtiozt
Agencyand
City
ordinance
arid for
which a
permit has heartissued
bythe t~tj~
porsufl
14 Section 771
7.71. R~±1*.
F:
.
...
~
:
...Y
.
(a)
Pemi&t 14.eqwect
~o perso~
shall absadea, seal
orapa’Pnvate
Potable WatetWtU
fl~vàte
lt4gatioitWatetWeft, nortitty
person lnatØi aPrivate hugadoiEWAfer
!ea
orpertbnn
14$r Itepaitbn thy’PrivaS PofAbte
Water
1YhlarPtlvatc
tmgatton
VTflç~
WelJwkhouttShavingobtteda permittherdotfromthe Dirnorof
Water
andWastewate’
:4.
~PertIt
Affflatiomree~
)g0 perrittasrequire&by Sec4I
72!
*4be1~sue~Lgn4F;
~n*ted
ap~flS
011
~
sri&a p’ertit
f*11I
S
oi~itof$2OiSi~avebeen
paid to the Ctty~
ThaM~yot
of
theCityIS he ebyiuU~$~s4dt*çSto
*eriq o*WicMdqm
ot
tlnderstanflfth *teflflnobtM
Sal P
Mongeticyflhinois EPA?’)
by
wbxI
thett3tsssurpes res,ponstbiktyfor
gdi4tedtfrs~notIfy1~
$jØthwzs
EPA~otcbanges
to tl4sb$iàaM aridtaki~
sn4precautioát
siting
public
potable
watersupplywefla.
-
SECT~Qt~
~
bdkeby amendedS the extent of
theconflict
SECflON
~
a.,~un
th
s:,
~Saherpassage and.
pubIkntiobw~
Appnwetthis_a
Passed tlzi~
&~
day
~
Ayer
U
NaYs~4L
.
JanetS.
tdg1ey~
Citytlexk
f
3
Or~hn~tPr~v~te
Welt
Or~ui~uic~
Cfty Mtun*y
Du~
~o
theçc~w~czt~
~$va~o~
Bei~ott
ofthC~Thb1icM~dt~
andj~4afet~,
Cormnittee~
a
Well C~rdinanc~
~bcen
~repat~d~
~
le
ure~th~
Qrd~nance
ar4n~
I
The~st4IM~ma~weU~
t~otab1e
waters~pp~y
p~oses~woi~d
be ~t~t~4
,.~
~
~
b
b~~weflss~çe11~c
tbd~te
~f~Ord~ance,
vu~e&suc1~
welts n*~e
not~a
need
ot~inaJorr~ai*
c~
Prjy~e
~i~$t~
wells, so
losig
tbe~c
~quipped
t
tev~nt
~xoss~
aridkp~
tht~&~re~afr
o~
prLva~e
$11
v1~et~her
t~r
pot~bte~wtt&
or frifgat~otx
waterpu*ses~
Wclisreq~i~fng
am~jorrepafr
would ~ep~hi1~ted~
.~,
~
~.Pf~Wefl
~d~f~f~.WCiL’
..~$
1.:...
~
Agr~ements~’
toprobibiCth~
~tst~ilatzon
4f~otabIe
watet we1~*ii~
~c~e*wbh~g~M
o~4watez~
has l*encootamt~4
ageo~t1~t~
Ordu~e
~
Lthecost of
such ag~emeuts~
Wells use4fo~
fri~gat1on
pu~oses
woul4 b~41owed
on pmp~tfics
OWnO(I
~
goven~ex~t
eiititie
p~iv~
~su~ut~oi*
~nd~rz~at~
øw~
!arge-pa~cels,
Iar~ø
:p~~1~bej~g
4~4a
pute~tzon
of
the pt~b1ic
watei~
mxpply
~it4
the a~t
from wbi~h
~so1AbIe
wsterks di*wzt~
~
~
c~XLS*~LL
EXHIBIT
5
Map Showing Wells Within One Half-Mile of the Site
SCALE
N
FEET
LEGEND
4-
MONITORING
WELL
~
MONITORINC
WELL
(ABANDONED)
0
PRIVATE
WELL,
BEDROCK
~
PRIVATE
WELL,
BEDROCK
(ABANDONED)
eE~1OI~I.~lS?
OFF—SITE
(DOWNGRADIENT)
WELL
SURVEY
MAP
BENSENVILLE
LANDFiLL
eU
r”
12—09—04
990202
j9~LE
AS
NOTED
1600
LEYDEN
1WP
UN
COR
P0
RATE
COOK
CO.
~
nfl
~
‘~
990202-02
r°~~
~
2
EXHIBIT 6
Compliance
Cost
Summary
Bensenville Landfill
Cut-Off Wall Construction,
Groundwater Extraction and
Treatment,
andOperation and Maintenance
Items
Units
Construction Cost
Cut-Off Wall
Total
Length of Cut-Off Wall
6100 ft
Average Depth
to Bedrock
50
ft
Maximum
Depth
to
Bedrock
60
ft
Minimum Depth
to
Bedrock
40
ft
Average
Depth
to
Top of
Silt
35
ft
Average Depth
to
Bottom
of
Silt
50
ft
Average’ Depth
to
Bedrock Tie-in
65
ft
Maximum Depth
to
Bedrock Tie-in
75 ft
Quoted
Cost
of Cut-OffWall Construction
$
10,350,000
$
10,350,000
Addison
Creek Isolation
Creek
Bed Width
25
ft
Depth of
Bed
3
ft
Thickness of Concrete
6
inch
Cross Sectional Area
13
ft2
Length of Creek Bed
1600
ft
Volume of Placed Concrete
770.4
C.
Y.
Cost of Placed Concrete
$
260.00
$/C.Y.
Total Cost to Line the Creek
$
200,296
$
200,296
Groundwater Extraction
Extraction Well Spacing
300 ft
Number of Wells
20
Average Depth
of Well
65
ft
Cost of Well
$
i~c
$Ift
Cost of Pump
$
2,000
$
Pipeline to Treatment System
7625 ft
Cost of Pipeline
$
30
$/ft
Monitoring
Well Pair
20
Total Cost of Extraction Well System
$
853,750
$
$
853,750
Water Treatment RO Unit
$
25,000
$
$
25,000
Engineering,
Permitting
& CQA
15
Engineering, Permitting
& CQA Cost
$
1,714,357
$
1,714,357
Total Estimated Construction
Cost
$
13,143,403
Operation and Maintenance
Annual Operation and
Maintenance
$40,026
$/yr
Anticipated Treatment
Period
150
yr
Total O&M
$6,003,900
Total
Est. Construction and
O&M
$19,147,303
Bensenville Landfill
System O&M
Item
Units
Annual Cost
Pump Replacement
I
per year
Pump Cost
$
2,000
Replacement Cost
$
2,000
per year
$
2,000
RO Membrane
$
500
$
500
O&M Hours
2
per week
Technician Hourly
Rate
$
54
O&M Costs
$
5,616
per year
$
5,616
Disposal of
Brine to
MWRD
$
0.001
$IgaI
Reduction
Ratio
0.65
Total Process Water
1,356~319 gal/year
Disposal
Cost
$
1,356
per year
$
1,356
Sampling
and Analytical Cost
$
20,000
per year
$
20,000
Power
Use per
I
HP Pump
0.753
kw
Number of Pumps
20
Power Cost
0.08
$/kwh
Total Power Used
131925.6
kwh/year
Power Cost
$
10,554
$
10,554
Total Estimated O&M Cost per Year
$
40,026
Estimated Number of Years to Treat
150
Total Estimated O&M
$6,003,955
Bensenville Landfill
Cut-offWall Construction
Total Length of Wall
6100 ft
Average Depth
to Bedrock
50 ft
Maximum Depth
to Bedrock
60
ft
Minimum Depth
to Bedrock
40
ft
Average Depth
to
Top of Silt
35 ft
Average Depth
to
Bottom of Silt
50 ft
Average
Depth
to Bedrock Tie-in
65
ft
Maximum
Depth
to Bedrock Tie-in
75
ft
Average Thickness
of Aquifer
30 ft
Ground Water Flow Area
183000
ft2
Average Cut-offWal Thickness
3 ft
Average Water Level Differential Across Wall
0.5 ft
Gradient Across Wall
0.166667 ft/ft
Estimated Wall Hydraulic Conductivity
1.OOE-07 cm/sec
I
.97E-07
ft/mm
Estimated
GW Flow into Landfill Area
6.OOE-03
ft3/min
4.49E-02
gpm
65gpd
Area enclosed by wall
2206460 ft
51.8 Acres
Infiltration
1.5
in/year
Estimated infiltration
275806 ft3/year
5652
gpd
Total Water Pumped and Treated
5717 gpd
4.0
gpm
lead
Estimated Linear Flow Velocity
4
rn/year
0.22
rn/year
Flow path distance across site
660
m
660
rn/year
Assumed flow path of impacted
9W
33
m
33
rn/year
Estimate years to treat
impacted gw
8.25
year
150 year
