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
)
)
)
AS
05-02
)
(Adjusted
Standard
—
Water)
)
)
)
NOTICE OF FILING
To:
Illinois Environmental Protection Agency
Attn:
Melanie Jarvis
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
AMENDED PETITION FOR ADJUSTED STANDARD FROM
GROUNDWATER
QUALITY
STANDARDS
FOR
CHLORIDE
AND
LEAD
and
MOTION TO ALLOW FILING OF LESS THAN NINE COPIES
in the above titled matter.
Copies ofthese documents are hereby served upon you.
DATED:
March 4,
2005
MCGUIREWOODS
LLP
David
L. Rieser
77 West Wacker Drive, Suite 4100
Chicago, Illinois
60601
(312) 849-8100
RECE~VED
CLERK’S OFFICE
MAR
42005
STATE OF ILLINOIS
Pollution Control Board
CLEpiç’5
OFF1C~
MAR
42005
STATE
OF
ILLINOIS
Pollution
Control Soard
AS
05-Op
(Adjusted Standard
—
Water)
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 620.4 10
)
REGARDING CHLORIDEAND 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
Amended
Petition
for
Adjusted
Standard
as
required
by
35
Ill.
Adm.
Code
101.302(h).
The
Amended Petition includes a large Landfill Gas Report. This level ofdetail 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.
Pursuant to
the Board’s order of January 20,
2005,
Bensenville
does not resubmit the six exhibits which were attached to
its original Petition.
WHEREFORE,
for the
reasons
stated
in
this
motion,
Bensenville respectfully
requests that it be allowed to submit an original
and three copies ofits Amended Petition
and Exhibits instead of the nine copies otherwise required by Board rules.
David L. Rieser
McGuireWoods LLP
77
W. Wacker Drive, Suite 4100
Chicago, IL 60601
312-849-8100
\\REA\254084. 1
1
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
)
)
)
AS
05-02
)
(Adjusted Standard
—
Water)
)
)
)
PROOF OF SERVICE
I, David L.
Rieser, an attorney, hereby certify that I causedthe attached pleadings to be
served upon all parties listed on the attached Notice of Filing via first class U.S.
mail from 77
West Wacker Drive, Chicago, IL,
on March 4, 2005.
MCGUTRE
WOODS LLP
David
L. Rieser
77 West Wacker Drive, Suite 4100
Chicago, Illinois
60601
(312) 849-8100
REC~JVED
CLERK’S OFFICE
MAR
-
4
2005
STATE OF
ILLINOIS
PoIIut~on
Control Board
\\REA\254087. 1
RECEIVED
BEFORE THE
CLERK’S
OFFICE
ILLINOIS POLLUTION CONTROL BOARD
V~1AR
—42005
STATE OF ILLINOIS
PoHution Control Board
iN THE MATTER OF:
)
)
PETITION OF THE VILLAGE OF
)
AS
05-02
BENSENVILLE FOR AN ADJUSTED
)
(Adjusted Standard
—
Water)
STANDARD FROM
)
35
ILL. ADM. CODE 620.410
)
REGARDING CHLORIDE AND LEAD
)
AMENDED
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 amended petition to the Illinois Pollution Control
Board
(“PCB”) for adjusted groundwater standards for dissolved chloride and total lead
at the Village ofBensenville Landfill located in Bensenville, Illinois.
Bensenville
submits this petition pursuant to Section
28.1
of the Illinois Environmental Protection Act
(415 ILCS
5/28.1)
and
35
Ill. Adm.
Code
104,
Subpart D.
These amendments are in
response to the PCB
‘
s order dated January 20, 2005 requesting additional information.
These amendments also respond to certain questions submitted by the Illinois
Environmental Protection Agency (“IEPA”) after the filing ofthe original petition.
A
redlined copy ofthis Amended Petition, identifying the changes is attached hereto and
incorporated herein as Exhibit
7.
I.
INTRODUCTION
Bensenville seeks this relief for the Village of Bensenville Landfill (“Site”)
located at the northwest corner ofGrand 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 JEPA to
certify completion ofpost closure care.
As will be described below,
Bensenville has resolved all
groundwater-related issues with the IEPA 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 of
chloride are anthropogenic but not related to
landfill impacts.
The IEPA has taken the
position that it cannot certify completion of post closure care for the Site when
groundwater on the Site exceeds the PCB
‘
s
groundwater quality standards.
Bensenville
seeks this relief in order to obtain its
certification of completion ofpost closure care.
As
stated in this Petition, Bensenville believes this relief is justified because the conditions
are different than those contemplated by the Groundwater Quality Regulations, the
conditions
create no impact to human health or the environment, and because compliance
is not economically reasonable.
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 620.410(a) solely as it sets out a
standard for chloride and lead.
This regulation became effective November
25,
1991.
2
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
Ill.
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 ofa given groundwater.
35
Ill. Adm.
Codes 620.450.
The PCB’s
regulations applicable to landfills which continued to be in
operation after 1990 (and not applicable to the Site) contain justification for adjusted
groundwater standards at 35
Ill.
Adm. Code
811 .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
Iii. Adm.
Code
104.406(d))
Bensenville attaches and incorporates as Exhibit
1 the Groundwater Summary
Report dated December 21, 2004 prepared by Environmental Information Logistics, LLC
(EIL), Bensenville’s environmental consultant.
The Site description and environmental
information included in this Petition is taken from that document and its
attachments.
A.
Location of Site.
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,
3
41
of which are filled.
The landfill is bordered by the River Forest GolfClub to the west,
Grand Avenue and the Mount Emblem Cemetery to the south (City of Elmhurst), County
Line Road and Interstate 294 to the east (City ofNorthlake), and a residential area to the
north (Village of Bensenville).
A map showing the location ofthe Site is attached hereto
and incorporated herein as Exhibit 2.
The area east ofCounty Line Road and Interstate
294
is industrial
and is located in the City ofNorthlake within
Cook County.
There are
no
schools, hospitals, or churches located within the residential area north ofthe landfill.
The Village is served by a municipal drinking water supply that obtains water from Lake
Michigan.
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.
To
the best of Bensenville’s knowledge, Sexton did not design or construct any features such
as a liner, leachate collection system, or landfill gas control system but simply used the
existing borrowpit to
dispose ofthe construction, demolition, and landscaping debris.
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.
4
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 IEPA 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 forthe facility had
been met.
Due to the then pending transfer ofthe property to
Bensenville, however,
Sexton requested that this SPA be withdrawn in a letter received by the IEPA
November 25,
1997.
The permit was transferred from
Sexton to
Bensenville by the IEPA on
December 23,
1997.
Bensenville acquired the Site with a grant provided by the IEPA.
Bensenville sought the Site to develop it for use as open space.
In accordance with the
IEPA’s grant, 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.
As stated above, Sexton did not install any pollution control equipment to control
leachate or landfill gas.
With respect to leachate control, pursuant to its post-closure care
permit,
Sexton constructed a landfill cap consisting oftwo
feet ofclay and six-inches of
topsoil, with additional soil and vegetation installed by Bensenville above the cap in
order to support the golf course.
With respect to landfill gas, Bensenville submitted a
plan to investigate landfill gas in August,
1998 and the Agency accepted the plan in
October of 1998.
In June, 1999, Bensenville submitted its report documenting that
landfill gas was not being generated in sufficient quantities to
cause concern with regard
5
to landfill gas migration, greenhouse gas issues, or impacts to human health and the
environment.
During a meeting with Bensenville on February
17, 2000
the IEPA agreed
that the landfill gas concerns were satisfactorily addressed by the report.
A
copy ofthis
report is attached hereto and incorporated herein as Exhibit 8.
The IEPA issued Supplemental Permit
1998-166-SP on June 12,
1998 in response
to a SPA requesting placement of soils on the cap
and that the landfill’s name be changed
from the “County Line Landfill” to the “Village of Bensenville 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 JEPA
issued Supplemental Permit No. 2000-321-SP on February
13, 2001
approving
the scope of the 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 indicated that 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 or were attributable to
background or non-landfill anthropogenic conditions (see
discussion
at pages 13-1 5).
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 for the Site.
The IEPA submitted several draft denial letters and Bensenville answered the IEPA’s
6
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
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 summarized the previously submitted
documentation that suggested an
off-Site source of chloride (e.g.,
road salt) and presented
the results of new evidence (comparison ofsodium to chloride molar ratios in
groundwater and leachate) that further strengthened the non-landfill chloride source
argument.
The IEPA responded that because the sources of chloride and
lead are believed to
be anthropogenic, non-landfill sources 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.
As a result, Bensenville submitted this
Petition in order to obtain this release.
7
IV.
DESCRIPTION OF GROUNDWATER CONDITIONS AND LACK OF
ENVIRONMENTAL IMPACT
(35 Ill. Adm.
Code
104.406(g))
A.
Geology
The near surface geology of this areais
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 water bearing unit comprised ofsilty
sands (10 feet thick), a middle unit
consisting ofclayey till (5 to 20 feet thick), a lower water bearing unit consisting of silty
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 referredto
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 of more recent investigations
suggest that the glacially-derived soils
overlying bedrock may 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 of which were/are used to mine
Silurian Age dolomite bedrock
8
where it essentially outcrops at the ground surface (i.e., where there is no glacially-
derived soil overburden material).
Based on regional information, the Silurian Age
dolomite bedrock under the Site may be greater than 200 feet thick 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 of recharge derived from vertical infiltration ofrunoffand precipitation from the
surface through the glacial deposits.
The upper water bearing unit is highly
discontinuous and heterogeneous across the Site based on existing borehole information.
As such, it yields minimal
amounts ofgroundwater.
The
IEPA previously allowed
groundwater monitoring in the upper water bearing unit to
be discontinued.
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 Dr~fi
in illinois: Thickness and Character).
Groundwater
yield in the lower water bearing unit is generally related to the degree of connectivity
with the underlying Silurian Age dolomite bedrock.
The yield potentials tend to be much
higher at locations where the lower water bearing unit is 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.
Ofthese, one
well (Gi 14) is located hydraulically upgradient ofthe
Site.
The remaining five wells
(Gl15/R115, G116, G117, G118/R118, andG117/R117)
are
located downgradient ofthe
landfill. Depths to groundwater in the lower water bearing zone currently range from
9
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 flowrates are on the order ofapproximately four
meters per year, based on a calculated gradient of 0.003 feet per feet (EIL, 2004,
Annual
Assessment of Groundwater Flow and Hydraulic Gradients),
an
estimated hydraulic
conductivity of 1
x
10 ~
cm/sec (Fetter, C.,
1980,
Applied Hydrogeolo,gy),
and an
assumed porosity of 0.25
(Fetter, C.,
1980,
Applied Hydrogeology).
1
Chloride is a conservative constituent in terms ofits mobility in
groundwater,
meaning that it generally travels unretarded in groundwater and,
therefore, horizontal
travel times for chloride 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 is, lead is expected to migrate in
groundwater at a rate approximately
18 times slower than conservative constituents,
such
as chloride.
As such, horizontal travel times for lead would be
on the order of 0.22
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
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
1
EIL believes that these values are
conservative based on
field experience, including the generally slow
recovery rate ofthe monitoring wells
(fourof the six wells,
includingGl 14, GI 16, Gl 17, and R121 are
typically bailed dry prior to sampling).
10
deposits,
or directly from precipitation where the bedrock is exposed at the surface.
In
general, the Silurian Age dolomite bedrock is capable ofyielding significant volumes of
water compared to the lower water bearing 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
1960s through the early 1980s)
provided by the unconsolidated glacially-derived units.
These numbers have likely
decreased in recent years with the increased availability ofmunicipally-supplied Lake
Michigan water.
Groundwater flow withinthe 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 and
elsewhere in the region is well documented and is known to be
high in chloride and other
inorganic constituents (ISWS Circular 149,
1981).
In general, concentrations oftotal
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 ofthese constituents tend to be
found in areas that are more
densely
developed by human activity, such as near the Site (ISWS Circular 149,
1981).
11
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 of chloride in the Silurian Age dolomite bedrock from ISWS
Circular
149 are included as Exhibit
3.
Revised contour maps
showing the location ofthe
Site, Interstate 294, and O’Hare airport are attached as Exhibit 9.
In fact, chloride
concentrations in the Silurian Age dolomite bedrock near the Site were observed to be
similar to those observed in Site groundwater collected
from the lower water bearing unit.
The Illinois State Water Survey attributed the high chloride
concentrations in the
Silurian Age dolomite bedrock 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.
Basedon information provided by
the Illinois State Toll
Highway Authority
(http://www.illinoistollway.com/portal/page?pageid=135,41314&dad=portal& schema
=PORTAL), theAuthority applied
an average of
56,665
tons of salt annually during the
past eight years to their 274 miles oftoll roads. This is equivalent to 207 tons ofsalt per
mile ofroadper year, or
34.5 tons
of
salt 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 winter months by both Bensenville
and DuPage County road crews.
12
In addition to surface infiltration of contaminants, significant dewatering
activities, such as those associated with nearby rock quarries in Elmhurst (two miles to
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.
Based on the information collected
at the Site and
on the regional information
regarding the Silurian Age Dolomite bedrock, Bensenville can document that the
groundwater quality issues observed in the lower water bearing unit for which this
petition seeks relief are not landfill related.2
With respect to chloride,
as discussed above,
the
1981
ISWS Circular identified regional chloride impacts in the Silurian Age dolomite
which are consistent with the impacts
in the
lower water bearing unit.
Groundwater
investigations at the Site indicated generally higher chloride concentrations further from
the landfill waste boundary,
adjacent to the roadways.
This is not consistent with a
possible leachate release.
Similarly,
the
concentrations
of
lead
do
not
reflect
landfill
impacts.
As
demonstrated
by
the
concentration
time
trends
for
total
and
dissolved
lead
in
2
Bensenville acknowledges that this conclusion has been the
subject ofextensiveciiscussion with the
JEPA.
While Bensenville asserts it can fully document and support
its position, it also notes
that the Board
can grant this relief without resolving this debate.
As
is demonstrated below, identified control
measures
would
be economically unreasonable and there is no environmental impact associated with the relief.
13
downgradient groundwater monitoring
wells
in
Exhibit
10,
the
concentrations
of total
lead
are
extremely
erratic
over
time,
and
exhibit
no
discernible
trend that
would
be
typically
associated with
a release from the landfill.
The widely varying concentrations
are
generally indicative of sample turbidity in
the case of a metal,
such as lead.
These
metals
adhere
strongly
to
minute,
suspended
soil
particles
that
are contained
in
turbid
groundwater
samples typically associated with relatively fine-grained, silty aquifers such
as
the lower water bearing unit at the
Site.
Therefore,
the total
lead concentrations will
tend to vary directly with the groundwater sample turbidity, independent ofand unrelated
to a possible landfill release.
The concentration ofdissolved lead is
a much better indicator of leachate impacts
than total
lead because dissolved lead concentrations are not as biased by the presence of
sediment/turbidity
in
the
sample.
As
shown
on
the
concentration
time
trends
for
dissolved lead, this
parameter has only been detected a few times,
specifically
during the
period between 2000 and
2001.
Since that time,
dissolved
lead has
not
been detected.
Dissolved
lead has never been detected in
Site
leachate
and,
therefore,
it
is
improbable
that the source of lead in groundwater is
Site leachate.
The total
lead concentrations
measured
in
groundwater have
been
higher than
those
measured in
leachate.
For example, the total
lead concentrations in leachate
well
L302
(also known as L2), which
is
located in the southeast corner of the
Site closest to
the monitoring wells
at which total
lead concentrations have exceeded
Class
I standards
(see Petition,
Exhibit
1,
Volume 3,
Attachment 2), ranged
from
14 to
17
ug/L,
less than
the
total
lead concentrations detected in nearby groundwater monitoring
wells Gil 7
(24
ug/L)
and
G121/R12l
(23
ug/L).
If landfill leachate
were the
source of the
total
lead,
14
then
we
would
expect
that
landfill
leachate
would
contain
higher,
not
lower,
concentrations oftotal lead when compared to
groundwater.
Finally,
and
perhaps
most
tellingly,
the
CPT
boring
samples,
which
were
positioned
between the
monitoring
wells
and
the
adjacent
roads,
almost
all
contained
significantly
higher
total
and
dissolved
lead
concentrations
than
their
respective
monitoring
well
pair
samples.
This was
especially
apparent
for
the
total
lead
concentrations.
The
lead
concentrations
were
generally
higher
closer
to
the
roads
adjacent to
the landfill.
This
is
also
entirely inconsistent
with a landfill
source of lead.
Since
the
Site-specific
data
suggests
that
the
“lead
gradient”
is
generally
from
the
adjacent
roads towards
the
landfill,
we
believe
this
is
strong
evidence
for
an
off-Site
source of lead.
E.
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 ofits 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 usedto supply any water
supply system
~f
a water main constituting apart of the Village ‘spublic water
supply system
is within two hundredfeet (2002 of the nearest property line ofthe
15
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 waterbearing 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.
Northlake, as shown in the map in Exhibit
5,
does not currentlymaintain 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 Northlake
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 ofthe
Site obtain
their water from either deep bedrock wells
or from
Lake Michigan.
The homeowners
withinthe small
residential area are
connected to theNorthlake municipalwater supply
that is sourcedfrom Lake Michigan and there are no
known
private
wells ormonitoring
wells located in Northlake within one
half-mile downgradient ofthe Site that are
screened in the lower water bearing unit.
16
There were,
however, a fewmonitoring wells previously located within one half-
mile ofthe Site associated with a former Leaking Underground Storage Tank (LUST) site
(Leon Parent Trucking, 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 of Elmhurst, located adjacent to
and south (downgradient) ofthe
Site,
maintains an ordinance (Elmhurst Municipal
Code MCO-1-2003), 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) of the Site, as shown on the map included as
Exhibit
5.
There are no
other industrial/commercial facilities or residential areas located
in Elmhurst within one half-mile downgradient of the Site.
Based on communications
17
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 water bearing 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 of private wells that were located
approximately one half-mile south ofthe Site, likely within the confines of the 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 of the existence ofthese wells and
therewasno 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, Northlake, 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 of the area within a one half-mile downgradient of the Site, there is no
evidence to suggest that the lower water bearing zone is used as a
source of drinking
water in Bensenville downgradient of the Site, or the
adjacent (downgradient)
communities of Northlake and Elmhurst within one half-mile of the Site.
These
18
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 notknown whether these 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-off wall around the lower water bearing unit, to isolate Addison Creek
(which receives wastewater treatment plant and other discharges),
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,
including hydraulic isolation ofthe
lower water bearing unit around the Site,
hydraulic isolation ofAddison Creek where it
crosses the Site, groundwater extraction, and construction of an on-Site reverse osmosis
treatment facility to treat the affected groundwater would be on the order of
$19,150,000.
These
costs are summarized in Exhibit 6 and are discussed below.
The costs assume that hydraulic isolation of the lower water bearing unit
would
be achieved through the installation of a bentonite-soil slurry wall with “leap-frogging”
overlapping panels 2.4 meters in width.
The length ofthe wall would be 6,100 feet, the
approximate perimeter length of the property.
The depth ofthe wall is assumed to
be 75
19
feet, 60 feet in soil overburden material and an additional
15 feet in the underlying
fractured
Silurian dolomite bedrock to minimize potential seepage.
The depth estimates
are based on current site information.
The estimated cost of the slurry wall would be
$10,350,000 based on discussions with Layne GeoConstruction out ofButler,
Pennsylvania, a qualified contractor with experience
in the construction ofslurry cut-off
wall systems.
The bottom ofAddison Creek, a possible source ofcontaminants, is
separated
from the top ofthe lower water bearing unit by approximately 25 feet of soil
material.
Contaminants in Addison Creek could potentially migrate through these soil materials
and impact the lower water bearing unit.
Therefore, the cost estimate includes hydraulic
isolation of Addison Creek via a concrete bed liner along the approximately
1,600 length
ofcreek-bed
across the
Site.
The concrete bed
liner would be six-inches thick and an
average of25
thick wide, based on the current configuration of the creek.
The estimated
cost of the creek bed liner would be
$200,300 based on the calculated volume ofconcrete
and estimated installation costs.
Groundwater extraction would be achieved via a series of twenty extraction wells
installed on 300-foot centers and connected via a pipeline.
Each well would be installed
to
an
approximate
depth of 65
feet and
would
be
fitted
with
a
submersible pump.
An
additional
well pair would
be
installed adjacent
to
each
extraction well,
one
inside the
cut-offwall and one outside the cut-off wall.
The purpose of the well-pairs would be to
monitor
the performance
of the cut-off wall.
The
total
estimated cost of the extraction
system is
$854,000, $625,000 ofwhich represents well installation costs.
20
The
estimated costs
are
also
based
on-Site
groundwater pre-treatment utilizing
reverse osmosis.
Such a system would cost approximately $25,000 and would be
capable
of achieving
the
anticipated
discharge
standards
required
by
the
Metropolitan
Water
Reclamation District
of Greater
Chicago
(MWRDGC).
Such
pre-treatment
discharge
standards would be established with the MWRDGC during the permitting process.
Engineering, permitting, and
construction quality assurance costs associated
with
the system
elements described above were estimated to be
15
percent ofthe capital costs,
or $1,714,000.
Finally,
the annual operation
and
maintenance cost was estimated to be
$40,000.
This
includes
assumed
annual
costs
to
replace one
extraction pump,
hourly
technician
costs to maintain the on-Site reverse osmosis unit, disposal
and required analytical
costs
associated
with discharge to
the MWRDGC,
and
system power consumption.
The total
estimated operation
and maintenance
cost
assuming
a
150-year groundwater extraction,
treatment,
and
disposal
period
is
$6,004,000.
The
150-year
period
is
based
on
the
assumed horizontal flow velocity of 0.22 meters per year (for lead using
a flow velocity
of 4 meters per year and a retardation factor of 18) and a contaminated groundwater flow
path of 100 meters from the southeast quadrant of the landfill near the southeast edge of
waste to the southeast property boundary.
Clearly, the groundwater extraction, treatment,
and
disposal
period
would
increase
dramatically if
Site hydraulic
conductivities
were
found
to
be
lower
(a
strong
possibility)
and
if
the
theoretical
landfill
leakage
was
occurring, or was assumed to
be occurring, somewhere other than in the southeast corner
of the landfill.
For example, the contaminant flow path would increase from
100 meters
to 400 meters if the theoretical leakage was assumed to be
from the middle of the landfill.
21
This
would
effectively
quadruple
the
estimated operation
and
maintenance period
and
associated costs.
Such costs
are economically unreasonable and not justified from any perspective.
The lack of economic 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
other than the lower water bearing unit.
Further,
despite the program outlined above,
Bensenville cannot control or eliminate the sources of chloride and lead.
Even if
Bensenville implemented
some type of groundwater isolation,
extraction, and treatment
program, the source ofchloride is ongoing and not subject to
control by Bensenville.
State
and county highway departments
apply the salt surrounding roads and Interstate 294
as a means of ensuring 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 demonstrated to be
from an anthropogenic, off-Site, non-point
source(s) and is, therefore, beyond the ability of Bensenville to control.
As a result,
Bensenville cannot describe the conditions that would occur if it were to comply with the
groundwater standards since the non-compliance is
not as a result of its 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
22
hazards associated with snow and ice ifthe 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 of its 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 ofchloride concentrations found in the
Site
groundwater.
A Federal Highway Administration (FHWA) study concluded that the
major objectionto highconcentrations ofsodium and chloride in public water supplies
arises from the taste preference of consumers (Winters, et al.,
1985,
Environmental
Evaluation ofCMA,
Report FHWA-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 ofTransportation, 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 plantand aquatic life, “The principal problem forhumans 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
23
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 oflead.
The main target for lead toxicity is the nervous system, both in adults and in children.
Long-term exposure of adults to lead has resulted in decreased performance in some tests
that measure functions of the nervous system.
Lead exposure may also cause weakness
in fingers, wrists, or ankles.
Some studies in humans have suggested that lead exposure
may increase blood pressure.
Lead exposure may
also cause anemia.
At high levels of
exposure, lead can severely damage the brain and kidneys in adults or children (USEPA,
2004,
Health Effects ofLead).
In spite of the 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 of the poor taste associated with the high chloride
concentrations.
VI.
JUSTIFICATION FOR RELIEF
(35
Ill.
Adm. Code
104.406(h))
Again, while Bensenville is not bound by the standards of35
Ill. Adm. Code
811 .320(b)(4), Bensenville will look to these standards as a useful framework for
justifying the relief it seeks here.
a)
The groundwaterfrom the lower water bearing unit does not presently
serve as a source ofdrinking water.
As
described above, Bensenville has documented that the groundwater from the
lower water bearing unit does not serve as a source ofdrinking water for municipal or
private
wells in Bensenville, or the downgradient communities of Northlake (to the east)
andElmhurst (to the south) within one half-mile downgradient of the Site.
24
b)
The change
in standards will not interfere with or become injurious to,
any present orpotential 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
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 of the
Site.
c)
The
change is necessary for 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 (as documented in Exhibit
11), 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 for human consumption within one half-mile
downgradient of the
Site.
d)
The groundwater does not presently and will not in thefuture serve as a
source ofdrinking water.
25
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
from the Site.
In order to ensure that groundwater at the
Site will not be used for potable
purposes, Bensenville will record an ELUC to preclude such use.
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 human
health impacts associated with the ingestion oflead, its migration rate would be on the
order ofonly 0.22 meters per year (or approximately 75
feetper
100 years) and,
therefore, it would take a few hundred years before lead impacted groundwater from the
Site would be
expected to migrate off-Site to the nearest downgradient property.
It is
also unlikely that a person would willingly ingest such groundwater because of its
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 of using road salt (ice-free roads) far outweigh any potentially beneficial impact
ofreducing chloride concentrations in
Site groundwater by eliminating the application of
road 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 of the quantity of road salt applied during upcoming years.
26
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 ofturning a private landfill into a public open space resource pursuant to
IEPA funding.
The groundwater issues represent conditions which originated from other
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 relief can be granted
consistently with federal
law.
For all these reasons, the adjusted standard sought by
Petitioner is justified.
VII.
THIS RELIEF CAN BE GRANTED CONSISTENT WITH FEDERAL
LAW
(35 Ill.
Adm. 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 adoptthe following adjusted standard:
27
The dissolved chloride standard in 35
Ill. Adm. Code
620.4 10 shall be
adjusted from the existing
standard of 200,000 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 within the lower water bearing unit down to
the top
ofthe Silurian dolomite bedrock beneath the former Village of
Bensenville Landfill Site located at:
Address:
Northwest corner ofGrand Avenue
and County Line Road,
Bensenville, Illinois.
Legal Description:
Parcel
1
(Pin Number
03255200004):
That part of the northeast quarter
of Section 25,
Township 40 North,
Range 11 East,
ofthe thirdprincipal
meridian described by commencing in the north line ofsaid section at a
point 1019.04 feet east of the northwest corner ofsaid northeast quarter;
thence southeasterly along the easterly line ofproperty described in
document 388417,
1573.55feet to the centerline of GrandAvenue,
thence
easterly on the centerline of Grand Avenue
700.0feetfor
a place
beginning; thence northerly 1602.1 feet 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 Grand Avenue 692.28feet to theplace of beginning
(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 describedby beginning in the north line ofsaid section at a point
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 ofGrandAvenue,
700 feet; thence northerly
1602.1 feet
to apoint in the section line which is 846.0feet eastfrom theplace of
beginning; thence west 846.0feet to the place ofbeginning,
except
therefrom
thatpart thereofdescribed asfollows:
the west 200feet (as
measured along the centerline of Grand Avenue) north ofthe south 400
feet (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 of GrandAvenue; in DuPage County, illinois.
Parcel
3 (Pin Number 0325200002):
The west 200 feet (as measured
along the center-line ofGrand Avenue) ofthe south 400 feet (as measured
28
on the easterly line ofproperty described in document 388417) lying
northerly of the northerly line ofGrandAvenue (said northerly line of
Grand Avenue
being40feet northerly of andparallel with the centerline
ofGrand Avenue) ofthatpart of the northeast quarter ofsection
25,
Township 40 North,
Range
11,
east ofthe thirdprincipal meridian,
describedby beginning in the north line ofsaid section at apoint 1019.04
feet east of the 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 GrandAvenue,
700feet,
thence northerly
1602.1 feet
to
apoint in the section line which is 846.0feet eastfrom theplace of
beginning; thence west 846.0feet to
theplace ofbeginning,
in DuPage
County,
Illinois.
A Site map showing these boundaries is attached as Exhibit 12.
IX.
HEARING WAIVER
(35 Ill.
Adm. Code
104.406(j))
Bensenville waives a hearing for this 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 area that consists primarily of industrial and commercial
properties downgradient of the Site. Bensenville and adjacent communities are servedby
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 the adjusted standards are supported by a significant amount of
Site-specific data, summarized herein, that demonstrates that the Site does not represent a
threat to human health or the environment.
The data indicate 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
29
unit.
The data also indicate 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
ofSite groundwater will not occur because the public
drinking water in Bensenville and
the adjacent (downgradient) communities of Elmhurst and Northlake 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, for the reasons stated herein, the Village of Bensenville requests
that the Illinois Pollution Control Board grant this adjusted standard.
David L. Rieser
McGuireWoods LLP
77 West Wacker Drive
Suite 4100
Chicago, Il 60601
312-849-8249
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