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What is a regulated recharge area?
Why adopt a regulated recharge area?
What steps should I take?
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ILLINOIS POLLUTION CONTROL BOARD
OPINION AND ORDER OF THE BOARD
PROCEDURAL HISTORY
PUBLIC COMMENTS
BACKGROUND
PROPOSAL
Subpart A
Subpart B
Potential tertiary sources of groundwater contamination
ECONOMIC EFFECTS
ORDER
SUBPART A: GENERAL
SUBPART B: PLEASANT VALLEY PUBLIC WATER DISTRICT
REGULATED RECHARGE AREA
Appendix A Boundary of the Pleasant Valley
Public Water District Regulated Recharge Area
Appendix B Potential Route and Source
Registration Form
Pleasant Valley Regulated Recharge Area
Important Information for Existing Businesses
What is a regulated recharge area?
A regulated recharge area is an area that needs extra protection to prevent
groundwater and public well water contamination. The Illinois Pollution Control
Board makes this determination. Because of sensitive geology, Pleasant Valley is
unusually susceptible to groundwater contamination that could move freely and
rapidly toward the Pleasant Valley wellheads.
Why adopt a regulated recharge area?
The purpose of a regulated recharge area is to ensure adequate safe drinking
water, protect groundwater resources, and safeguard public health. Regulating
some types of businesses and business practices in the area can achieve these
goals now and for the future, by monitoring potential routes and sources of
groundwater contamination.
What steps should I take?
First, look at the enclosed map. Owners or operators of businesses located
wholly or partially within the regulated recharge area are required to attend an
information and registration session at Norwood School Gym on October 22nd or
23rd at 7:30 pm.
At this meeting, businesses will register as required by the regulation. A
one-page registration form will identify business activities taking place as
well as the kinds of chemicals used by the business and the quantities stored
on-site at any given time.
Businesses with quantities of chemicals below the threshold level are only
required to attend this information and registration meeting. Based on our
information, this will probably be the case for most of the businesses within
the regulated recharge area. Businesses with quantities of chemicals above the
threshold amount will need to attend a chemical substance management training
program, which will be provided by the IEPA.
At the training program, the owner or operator of businesses with a larger
quantity of chemicals onsite will develop and implement a chemical substances
management system. Details about the chemical substance management plan and
assistance in completing it will be provided by the Illinois Environmental
Protection Agency.
For additional questions contact the Illinois Environmental Protection
Agency, Public Water Division at 217-785-4787, or the Central Region Groundwater
Committee at 309-925-5511 ext. 250.
How can I find out more?
A complete copy of the final rule (including additional information about the
regulation, times and dates of training sessions, and contact information) can
be obtained at http://www.dpc.net/~crgw. Information is also available by
contacting the Illinois EPA at 217-785-4787. The Illinois Pollution Control
Board is considering a regulation which would designate the Pleasant Valley
Public Water District Well Recharge Area as a regulated recharge area.
EFFECTIVE DATE SEPTEMBER 1,
2001
ILLINOIS POLLUTION CONTROL BOARD
August 10, 2000
IN THE MATTER OF:
PROPOSED REGULATED RECHARGE AREA FOR PLEASANT VALLEY
PUBLIC WATER DISTRICT, PROPOSED AMENDMENTS TO 35 ILL. ADM. CODE
PART 617 |
) ) ) ) ) ) ) |
R00-17 (Rulemaking - Public Water Supply) |
Proposed Rule. First Notice.
OPINION AND ORDER OF THE BOARD (by R.C. Flemal, E.Z. Kezelis,
N.J. Melas):
On February 14, 2000, the Illinois Environmental Protection
Agency (Agency) filed proposed amendments to the Board's water rules at 35 Ill.
Adm. Code 617. If adopted, these amendments would create a regulated recharge
area for the Pleasant Valley Public Water District (Pleasant Valley), in Peoria
County, Illinois. A regulated recharge area is an area where enhanced
regulations are imposed by the Board to reduce the potential for groundwater
contamination, as provided for under the Environmental Protection Act (EPAct)
(415 ILCS 5/17.3 (1998)). The Pleasant Valley proposal is the first regulated
recharge area proposal brought to the Board, and its adoption would create the
State's first regulated recharge area.
By today's action, the Board adopts the proposed amendments for
the purpose of First Notice, pursuant to the Illinois Administrative Procedure
Act (5 ILCS 100/1-1 et seq. (1998)). Publication in the Illinois Register will
follow today's action, whereupon a 45-day public comment period will begin
during which interested persons may file public comments with the Board.
PROCEDURAL HISTORY
In September 1987, the Illinois General Assembly adopted Pub.
Act 85-863, which includes a variety of provisions designed to enhance the
protection of groundwater in Illinois. These provisions contain amendments to
the EPAct together with new stand-alone legislation at 415 ILCS 55/1 et seq.
(1998).1 Included in these amendments is a program for well-head protection. A
principal aim of the well-head protection program is to reduce the potential for
pollution of water supply wells by providing for physical separation between
potential sources of pollutants and water supply wells. A regulated recharge
area is one of the well-head protection provisions provided for under the EPAct.
Specifically, a regulated recharge area is "a compact geographic area,
determined by the Board, the geology of which renders a potable resource
groundwater particularly susceptible to contamination." 415 ILCS 5/3.67 (1998).
Within such an area the EPAct provides that more stringent groundwater
protection provisions may be applied than apply generally. 415 ILCS 5/17.3 and
17.4 (1998). The purpose of the Agency's Pleasant Valley proposal, is to
regulate certain facilities, sites, units or wells located partially or wholly
within the boundary of the recharge area, and thereby better protect the public
water supply of Pleasant Valley.
Pursuant to Section 17.3 of the EPAct (415 ILCS 5/17.3 (1998)),
the Agency may propose regulations to the Board that would establish the
boundaries of a regulated recharge area. For a number of years immediately
preceding this proposal, the Agency worked with state and local groups to assess
local needs for local regulated recharge areas. The instant proposal arises out
of Agency meetings with the Groundwater Advisory Council, an agency and citizen
body established under the IGPAct to, among other matters, "review, evaluate and
make recommendations regarding State laws, regulations and procedures that
relate to groundwater protection." 415 ILCS 55/5(a)(1) (1998); Statement at 14.2
Additionally, the proposal arises out of the efforts of a regional planning
committee, as provided for at Section 17.2 of the EPAct. 415 ILCS 5/17.2 (1998).
The regional committee, named the Central Priority Groundwater Protection
Planning Region Committee (CRPC), along with the Agency and Groundwater Advisory
Council, held a regulatory development workshop in Peoria in 1996. The Agency
incorporated suggestions it received as a result of the workshop, and solicited
additional comments on the proposal from various members of environmental
associations and private citizens groups. Statement at 14-16.
On April 14, 2000, the Agency filed a motion to substitute. The
motion requests that the Board replace the amendments filed on February 14,
2000, with the amendments in the April 14, 2000 filing. On April 17, 2000, the
Agency filed a motion to file testimony and exhibits. The Board grants the
motion to file testimony and exhibits.
A public hearing was held on May 9, 2000, before Hearing Officer
Catherine Glenn in Peoria. Members of the Board and the public attended. At the
hearing, Hearing Officer Glenn granted the motion to substitute. The Agency
presented the testimony of Richard Cobb, the manager of the groundwater section
at the Agency. Testimony was also received from Bill Compton on behalf of the
CRPC. Compton's testimony was admitted as Exhibit 1 at hearing.
PUBLIC COMMENTS
Following the hearing, but before adopting a first-notice
opinion and order proposing the amendments for public comment, the Board
received a public comment on the proposal:
PC 1 Agency's posthearing comments and modified proposal, filed
June 1, 2000, by Joey Logan-Wilkey.
The Board grants the Agency's motion to file the posthearing
comments and modified proposal.
BACKGROUND
Pleasant Valley provides public water supply service to an
unincorporated area located south of Peoria in Peoria County, Illinois. The
service area is approximately fifteen square miles, including nine square miles
in Kickapoo Township, five square miles in Limestone Township, one square mile
in Rosefield Township, and 33 acres in Peoria Township. Exh. 1 at 8-9.3 The
number of service connections within the Pleasant Valley district is
approximately 1300. Exh. 1 at 8. Pleasant Valley also sells water to an
additional 300 service connections. Exh. 1 at 8. The only groundwater resource
in the area capable of supplying the necessary water is located in a small area
at the eastern extreme of the Pleasant Valley service area. Statement at 11.
In 1992, Clark Engineers MW, Inc., completed a groundwater
protection needs assessment (assessment) for Pleasant Valley. Tr. at 21;
Statement at 11. The assessment was completed because Pleasant Valley wanted to
determine its protection needs beyond the protection given by existing setback
zones from its community water supply wells #2, 3 and 4. Statement at 11, 17.
The assessment defined the recharge area of the Pleasant Valley wells, which
consists of an area of approximately 182 acres centered on the three wells. Tr.
at 56. The assessment concluded that the recharge area was susceptible to
groundwater contamination, and recommended that a recharge area protection
program be established. Tr. at 22. The assessment determined that the recharge
area was unusually susceptible to contamination because of sensitive geology
that allows groundwater contaminants to move freely and rapidly towards the
Pleasant Valley well-heads. Tr. at 45-46. The assessment further found several
industrial and commercial operations within Pleasant Valley's recharge area
beyond the maximum setback zone and concluded that a release or accidental spill
in the recharge area could result in contamination of Pleasant Valley's water
supply. Statement at 11.
On November 4, 1994, the Pleasant Valley Board of Trustees
adopted a formal resolution to establish a regulated recharge area. Tr. at 22.
Pleasant Valley sent the resolution to the CRPC, so that the CRPC could petition
the Agency to develop the proposal to create a recharge area. Tr. at 22. The
CRPC held a public hearing in Pleasant Valley in January 1995. Tr. at 23. No
objections were made at the hearing. Tr. at 23. On March 28, 1995, the CRPC
petitioned the Agency to develop a regulated recharge area proposal to present
to the Board. Tr. at 23.
Clark Engineers, the Agency, and Illinois State University
performed numerical groundwater flow modeling to develop the specific boundaries
for Pleasant Valley's recharge area. Statement at 17. Additionally, advective
groundwater flow modeling was performed to evaluate whether the minimum and
maximum setback zones adequately protected Pleasant Valley's #2, 3, and 4 wells.
Statement at 18. The evaluation affirmed that recharge is occurring beyond the
setback zones, and the wells are not adequately protected. Statement at 18.
PROPOSAL
Today's proposal builds upon the groundwater protection
provisions already applicable in the Pleasant Valley area pursuant to the EPAct,
the IGPAct, and the Board's groundwater protection regulations (see 35 ILCS 600
et seq. (1998)). Many concepts established in those sources, such as
characterization of potential sources of pollution as "primary" or "secondary,"
setbacks, etc., both continue to apply and are incorporated into the instant
proposal.
For the purpose of administrative economy, the proposal is
divided into two subparts. Subpart A contains general provisions. Should the
Board receive additional regulated recharge area proposals in the future, these
general provisions could be adopted to apply to any new regulated recharge areas
as well. Subpart B contains requirements that are designed specifically for
Pleasant Valley.
A discussion of particular provisions of both Subparts A and B
follows.
Subpart A
A large portion of Subpart A is devoted to definitions. These
are primarily definitions already in place pursuant to the EPAct, the IGPAct, or
adapted from the Board's other groundwater regulations or standard sources.
All of the definitions proposed today are identical to those
proposed to the Board by the Agency, except for the definition of "Generator (RCRA)."
The Board has changed it to be identical to the definition of "Generator (RCRA)"
that is found in 35 Ill. Adm. Code 702.110 and 730.103. The Agency had proposed
that the definition also include any person "whose act first causes a hazardous
waste to become subject to regulation." The Board believes that having a
consistent definition of "Generator (RCRA)" is the best course of action in this
instance.
An important element in Subpart A is extension to the regulated
recharge area of the prohibition against "new" sitings of activities that are
considered under the EPAct and IGPAct to be of particular concern in well-head
protection. These are low level radioactive waste sites, Class V injection
wells, municipal solid waste landfills, and special or hazardous waste
landfills. See 35 Ill. Adm. Code 617.120(a). A definition of "new" is included
in Section 617.120(b).
Today's proposal adds a new well-head protection provision, not
present in previous Board groundwater regulations. It is the recharge area
suitability assessment, found at proposed Section 617.125. The purpose of the
recharge area suitability assessment process is to assess potential
environmental impacts that a new facility would have within a regulated recharge
area, and to assure that appropriate measures to protect against possible
contamination will be included in the operation of the facility.
The recharge area suitability assessment provisions apply to
owners or operators of new major potential sources that are located wholly or
partially within the regulated recharge area.4 35 Ill. Adm. Code 617.125(a).
These owners or operators are required to undertake preparation of a recharge
area suitability assessment document, as described in Section 617.125(c). This
document must be filed with the Agency, and the owner or operator must publish a
public notice of the assessment and notify adjacent property owners of the
filing. 35 Ill. Adm. Code 617.125(d). The Agency, at the request of any person,
is also required to hold a public hearing regarding the recharge area
suitability assessment. 35 Ill. Adm. Code 617.125(e), (f).
After the recharge area suitability assessment is filed or a
hearing is held, whichever is later, the Agency must issue a statement finding
whether the assessment demonstrates the potential environmental impacts that a
facility would have within the recharge area and includes the appropriate
measures to protect against possible contamination, or whether the assessment
must be modified. 35 Ill. Adm. Code 617.125(h). This statement is appealable to
the Board. 35 Ill. Adm. Code 617.125(l).
In most of its particulars, Section 617.125 is offered today as
proposed by the Agency. However, the Board offers for the purpose of first
notice two significant modifications of the Agency's concept of the recharge
area suitability assessment. The Board requests the Agency's perspective, as
well as that of any other interested person, on these modifications.
First, the Board has added at Section 617.125(h)(1) language
intended to specify what constitutes an "adequate" recharge area suitability
assessment. The Board believes that the language of this sort is necessary to
give notice to an owner or operator of what is expected in the recharge area
suitability assessment document.
Second, the Board has modified the language at Section
617.125(k) so as to require achievement of an adequate recharge area suitability
assessment before operation can commence. The Board realizes that the Agency's
intent has been to make the weight of its review of the recharge area
suitability assessment to be only advisory. Tr. at 74. However, the Board
questions whether any major potential source of groundwater contamination should
be allowed to operate in a regulated recharge area if the owner or operator of
that facility cannot demonstrate that the impact on the groundwater has been
adequately assessed.
A second new well-head protection provision proposed today in
Subpart A mandates that the Agency and the Illinois Department of Transportation
work together to post road signs at the entrance and exit of a recharge area. 35
Ill. Adm. Code 617.140. Not only will the signs help notify the public of where
the recharge area lies, they will also hopefully lessen or prevent impacts of
contaminant spills.
Subpart B
Subpart B of today's proposal sets forth the requirements for
certain types of existing or new facilities, sites, or units located wholly or
partially within the Pleasant Valley regulated recharge district.
The owners or operators of potential sources or routes of
groundwater contamination, located wholly or partially within the recharge area,
must register the location of the source or route with the Agency. 35 Ill. Adm.
Code 617.210. When they must register is explained further in 35 Ill. Adm. Code
617.210. Within 30 days of the effective date of this proposal, the Agency, with
the cooperation of Pleasant Valley, will conduct a door-to-door canvass to
notify the owners or operators of all known potentially impacted facilities, so
that they know of the registration requirement. 35 Ill. Adm. Code 617.215. The
Agency will hold a meeting within 90 days of this proposal's effective date, for
all owners or operators, to help them register and provide information regarding
Subpart B's requirements. 35 Ill. Adm. Code 617.215(b), (c).
Today's proposal contains a map of the recharge area, with a
legend that gives a narrative description of the properties that are wholly or
partially contained within quarter sections of the recharge area. The map is
located at 35 Ill. Adm. Code 617.Appendix A. This map will help owners and
operators determine whether they are within the regulated recharge area.
Potential tertiary sources of groundwater contamination
Owners and operators of potential tertiary sources of
groundwater contamination must develop and implement a chemical substances
management system that will include, among other things, a description of how
the on-site chemical substances are stored and used. 35 Ill. Adm. Code
617.220(a). Owners or operators of potential tertiary sources of groundwater
contamination must also register for a training program, which is intended to
provide an overview of the sensitivity of the groundwater resource, and provide
input on appropriate pollution prevention alternatives. 35 Ill. Adm. Code
617.220(b), (e). Following the training program, the owners and operators of
potential tertiary sources of groundwater contamination have 180 days in which
to implement a chemical substances management plan (CSMP). 35 Ill. Adm. Code
617.220 (c). The intent of creating the CSMPs is to develop provisions that
allow for coexistence of uses through implementing best management practices and
contingency planning. Statement at 23. The proposal also requires that the CSMP
for new potential tertiary sources include secondary containment. 35 Ill. Adm.
Code 617.220(d).
ECONOMIC EFFECTS
Any costs incurred as a result of compliance with this proposal
will be primarily operational, rather than capital costs. PC 1 at 2. Because of
the regulation's requirements that potential tertiary sources create a CSMP, the
economic effects on small businesses would be the costs of preparing the plan.
The Agency estimates that it would take 2-3 days to prepare the plan. At an
estimated rate of $20-$25 per hour, plus the cost of paying employees to attend
an Agency-sponsored one day training program, the total approximate cost of the
proposal for a small business is $900. PC 1 at 2.
The capital costs likely to be incurred in complying with the
proposal would be primarily for new potential tertiary sources that either
construct or use a pre-fabricated storage and handling system. The Agency
estimates that the costs of two or four-drum poly spill containment pallets,
with a 66-gallon sump capacity to be approximately $210-$475.
Further evaluation of the economic effects of today's proposal
is being conducted by the Agency, in conjunction with Pleasant Valley and the
local volunteer fire departments in the recharge area. PC 1 at 3.
ORDER
The Board directs the Clerk to cause the filing of the following
with the Secretary of State for first-notice publication in the Illinois
Register.
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 617
REGULATED RECHARGE AREAS
SUBPART A: GENERAL
Section
617.101 Purpose
617.102 Definitions
617.110 Incorporation by Reference
617.115 Scope
617.120 Prohibitions
617.125 Recharge Area Suitability Assessment
617.130 Technology Control Regulations
617.135 Abandoned and Improperly Plugged Well Assistance Program
617.140 Recharge Area Road Sign Posting
SUBPART B: PLEASANT VALLEY PUBLIC WATER DISTRICT REGULATED
RECHARGE AREA
Section
617.200 Purpose
617.205 Applicability
617.210 Registration of Potential Sources and Routes of Groundwater
Contamination
617.215 Recharge Area Registration Meeting
617.220 Management Systems for Potential Sources
617.225 Training Program for Potential Tertiary Sources
617.Appendix A Boundary of the Pleasant Valley Public Water District Regulated
Recharge Area
617.Appendix B Potential Route and Source Registration Form
AUTHORITY: Implementing Section 17.4 and authorized by Section
27 of the Environmental Protection Act [415 ILCS 5/17.4 and 5/27].
SOURCE: Adopted in R89-5 at 16 Ill. Reg. 1592, effective January
10, 1992, amended in R 96-18, at 21 Ill. Reg. 6569, effective May 8, 1997,
amended in R00-17 at 24 Ill. Reg. , effective ________.
NOTE: Italicization denotes statutory language.
SUBPART A: GENERAL
Section 617.101 Purpose
This Part establishes the general requirements and standards for
sets out regulated recharge areas as delineated and adopted by the Illinois
Pollution Control Board pursuant to Section 17.4 of the Illinois Environmental
Protection Act (Act) [415 ILCS 5/17.4].
(Source: Amended at 24 Ill. Reg. , effective )
Section 617.102 Definitions
Unless a different meaning of a word or term is clear from the
context, the definitions of words or terms in this Part shall be the same as
those used in 35 Ill. Adm. Code 615.102, 35 Ill. Adm. Code 616.102, the Act or
the Illinois Groundwater Protection Act [415 ILCS 55/1].
"Agency" means the Illinois Environmental Protection Agency.
"Agrichemical facility" means a site used for commercial purposes,
where bulk pesticides are stored in a single container in excess of 300
gallons of liquid pesticide or 300 pounds of dry pesticide for more than 30
days per year or where more than 300 gallons of liquid pesticide or 300
pounds of dry pesticide are being mixed, repackaged or transferred from one
container to another within a 30 day period or a site where bulk fertilizers
are stored, mixed, repackaged or transferred from one container to another
[415 ILCS 5/3.77].
"Board" means the Illinois Pollution Control Board.
"Chemical substance" means any "extremely hazardous substance" listed
in Appendix A of 40 CFR Part 355 that is present at a facility in an amount
in excess of its threshold planning quantity, any "hazardous substance"
listed in 40 CFR Section 302.4 that is present at a facility in an amount in
excess of its reportable quantity or in excess of its threshold planning
quantity if it is also an "extremely hazardous substance", and any petroleum
including crude oil or any fraction thereof that is present at a facility in
an amount exceeding 100 pounds unless it is specifically listed as a
"hazardous substance" or an "extremely hazardous substance". "Chemical
substance" does not mean any substance to the extent it is used for
personal, family, or household purposes or to the extent it is present in
the same form as a product packaged for distribution to and use by the
general public [430 ILCS 45/3].
"Class V Injection Well" means injection wells not included in Class I,
II, III, or IV. Class V wells include:
air conditioning return flow wells used to return to the supply
aquifer the water used for heating or cooling in a heat pump; cesspools,
including multiple dwelling, community or regional cesspools, or other
devices that receive wastes, which have an open bottom and sometimes
have perforated sides. The Underground Injection Control (UIC)
requirements do not apply to single family residential cesspools nor to
non-residential cesspools that receive solely sanitary wastes and have
the capacity to serve fewer than 20 persons a day;
cooling water return flow wells used to inject water previously used
for cooling;
drainage wells used to drain surface fluid, primarily storm runoff,
into a subsurface formation;
dry wells used for the injection of wastes into a subsurface
formation;
recharge wells used to replenish the water in an aquifer;
salt water intrusion barrier wells used to inject water into a fresh
water aquifer to prevent the intrusion of salt water into the fresh
water;
sand backfill and other backfill wells used to inject a mixture of
water and sand, mill tailings, or other solids into mined out portions
of subsurface mines whether or not what is injected is a radioactive
waste;
septic system wells used to inject the waste or effluent from a
multiple dwelling, business establishment, community, or regional
business establishment septic tank. The UIC requirements do not apply to
single family residential septic system wells that are used solely for
the disposal of sanitary waste and have the capacity to serve fewer than
20 persons a day.
subsidence control wells (not used for the purpose of oil or natural
gas production) used to inject fluids into a non-oil or gas producing
zone to reduce or eliminate subsidence associated with the overdraft of
fresh water;
radioactive waste disposal wells other than Class IV;
injection wells associated with the recovery of geothermal energy for
heating, aquaculture, and production of electric power;
wells used for solution mining of conventional mines such as stopes
leaching;
wells used to inject spent brine into the same formation from which
it was withdrawn after extraction of halogens or their salts;
injection wells used in experimental technologies; and
injection wells used for in - situ recovery of lignite, coal, tar
sands, and oil shale [40 CFR 146.5].
"Container" means any portable device (including, but not limited to,
55-gallon drums) in which material is stored, treated, disposed of or
otherwise handled. The term "container" does not include a vehicle used to
transport material.
"Existing Potential Tertiary Source of Groundwater Contamination" means a
potential tertiary source of groundwater contamination that is not new.
"Facility" means the buildings and all real property contiguous
thereto, and the equipment at a single location used for the conduct of
business [430 ILCS 45/3].
"Generator (RCRA)" means any person, by site location, whose act or
process produces "hazardous waste" identified or listed in 35 Ill. Adm. Code
721 (see 35 Ill. Adm. Code 702.110 and 35 Ill. Adm. Code 730.103).
"Household waste" means any waste material (including garbage, and trash)
derived from households (including single and multiple residences, hotels,
and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic
grounds, and day-use recreation areas).
"IEMA" means the Illinois Emergency Management Agency.
"Low level radioactive waste" or "waste" means radioactive waste not
classified as high- level radioactive waste, transuranic waste, spent
nuclear fuel or byproduct material as defined in Section 11e(2) of the
Atomic Energy Act of 1954 (42 USC 2014) [420 ILCS 20/3].
"Major Potential Source" means any unit at a facility or site not
currently subject to a removal or remedial action that stores, accumulates,
landfills, or land treats waste, other than household waste, that could
cause contamination of groundwater and is generated on the site.
"Municipal solid waste landfill unit" or "MSWLF Unit" means a
contiguous area of land or an excavation that receives household waste, and
is not a land application unit, surface impoundment, injection well, or any
pile of noncontainerized accumulations of solid, nonflowing waste that is
used for treatment or storage. A MSWLF unit may also receive other types of
RCRA Subtitle D wastes, such as commercial solid waste, nonhazardous sludge,
small quantity generator waste and industrial solid waste. Such a landfill
may be publicly or privately owned. A MSWLF unit may be a new MSWLF unit, an
existing MSWLF unit, or a lateral expansion. A sanitary landfill is subject
to regulation as a MSWLF unit if it receives household waste [415 ILCS
5/3.85].
"New Major Potential Source" means:
a major potential source which is not in existence or for which
construction has not commenced at its location as of the effective date
of this Subpart; or
a major potential source which expands laterally beyond the currently
permitted boundary or, if the potential source is not permitted, the
boundary in existence as of the effective date of this Subpart; or
a major potential source which is part of a facility that undergoes
major reconstruction. Such reconstruction shall be deemed to have taken
place where the fixed capital cost of the new components, constructed
within a 2-year period exceed 50% of the fixed capital cost of a
comparable entirely new facility as of the effective date of this
Subpart.
"New Potential Primary Source" means:
a potential primary source which is not in existence or for which
construction has not commenced at its location as of January 1, 1988; or
a potential primary source which expands laterally beyond the
currently permitted boundary or, if the primary source is not permitted,
the boundary in existence as of January 1, 1988; or
a potential primary source which is part of a facility that
undergoes major reconstruction. Such reconstruction shall be deemed to
have taken place where the fixed capital cost of the new components
constructed within a 2-year period exceed 50% of the fixed capital cost
of a comparable entirely new facility [415 ILCS 5/3.59].
"New Potential Route" means:
a potential route which is not in existence or for which
construction has not commenced at its location as of January 1, 1988, or
a potential route which expands laterally beyond the currently
permitted boundary or, if the potential route is not permitted, the
boundary in existence as of January 1, 1988 [415 ILCS 5/3.58].
"New Potential Secondary Source" means:
a potential secondary source which is not in existence or for
which construction has not commenced at its location as of July 1, 1988;
or
a potential secondary source which expands laterally beyond the
currently permitted boundary or, if the secondary source is not
permitted, the boundary in existence as of July 1, 1988, other than an
expansion for handling of livestock waste or for treating domestic
wastewaters;
a potential secondary source which is part of a facility that
undergoes major reconstruction. Such reconstruction shall be deemed to
have taken place where the fixed capital cost of the new components
constructed within a 2-year period exceed 50% of the fixed capital cost
of a comparable entirely new facility [415 ILCS 5/3.60]; or
A new potential secondary source excludes an agrichemical facility that
modifies on-site storage capacity such that the volume of the pesticide
storage does not exceed 125% of the available capacity in existence on April
1, 1990, or the volume of fertilizer storage does not exceed 150% of the
available capacity in existence on April 1, 1990; provided that a written
endorsement for an agrichemical facility permit is in effect under Section
39.4 of [the] Act and the maximum feasible setback is maintained. This
on-site storage capacity includes mini-bulk pesticides, package agrichemical
storage areas, liquid or dry fertilizers, and liquid or dry pesticides [415
ILCS 5/ 14.2(g)(4)].
"New Potential Tertiary Source of Groundwater Contamination" means:
a Potential Tertiary Source, that is not in existence or for which
construction has not commenced at its location as of the effective date
of this Subpart; or a Potential Tertiary Source that expands laterally
beyond the currently permitted boundary or, if the tertiary source is
not permitted, the boundary in existence as of the effective date of
this Subpart; or
a Potential Tertiary Source that is part of a facility that undergoes
major reconstruction after the effective date of this Subpart. Such
reconstruction shall be deemed to have taken place where the fixed
capital cost of the new components, constructed within a 2-year period,
exceed 50% of the fixed capital cost of a comparable entirely new
facility.
"Potential Primary Source" means any unit at a facility or site not
currently subject to a removal or remedial action which:
is utilized for the treatment, storage, or disposal of any
hazardous or special waste not generated at the site; or
is utilized for the disposal of municipal waste not generated at
the site, other than landscape waste and construction and demolition
debris; or
is utilized for the landfilling, land treating, surface impounding
or piling of any hazardous or special waste that is generated on the
site or at other sites owned, controlled or operated by the same person;
or
stores or accumulates at any time more than 75,000 pounds above
ground, or more than 7,500 pounds below ground, of any hazardous
substances [415 ILCS 5/ 3.59].
"Potential route" means abandoned and improperly plugged wells of all
kinds, drainage wells, all injection wells, including closed loop heat pump
wells, and any excavation for the discovery, development or production of
stone, sand or gravel [415 ILCS 5/3.58].
"Potential secondary source" means any unit at a facility or a site
not currently subject to a removal or remedial action, other than a
potential primary source, which:
is utilized for the landfilling, land treating, or surface
impounding of waste that is generated on the site or at other sites
owned, controlled or operated by the same person, other than livestock
and landscape waste, and construction and demolition debris; or
stores or accumulates at any time more than 25,000 but not more
than 75,000 pounds above ground, or more than 2,500 but not more than
7,500 pounds below ground, of any hazardous substances; or
stores or accumulates at any time more than 25,000 gallons above
ground, or more than 500 gallons below ground, of petroleum, including
crude oil or any fraction thereof which is not otherwise specifically
listed or designated as a hazardous substance; or
stores or accumulates pesticides, fertilizers, or road oils for
purposes of commercial application or for distribution to retail sales
outlets; or
stores or accumulates at any time more than 50,000 pounds of any
de-icing agent; or
is utilized for handling livestock waste or for treating domestic
wastewaters other than private sewage disposal systems as defined in the
Private Sewage Disposal Licensing Act) [415 ILCS 5/3.60].
"Potential Tertiary Source of Groundwater Contamination" means any unit
at a facility or site not currently subject to a removal or remedial action
that stores or accumulates any chemical substance during any calendar year
and that is not a potential primary or secondary source of groundwater
contamination.
"Regulated recharge area" means a compact geographic area, as
determined by the Board, the geology of which renders a potable resource
groundwater particularly susceptible to contamination [415 ILCS 5/3.67].
"Setback zone" means a geographic area, designated pursuant to [the]
Act, containing a potable water supply well or a potential source or
potential route, having a continuous boundary, and within which certain
prohibitions or regulations are applicable in order to protect groundwaters
[415 ILCS 5/3.61].
"Sinkhole" means any natural depression formed as a result of subsurface
removal of soil or rock materials and causing the formation of a collapse
feature that exhibits internal drainage. The existence of a sinkhole shall
be indicated by the uppermost closed depression contour lines on the United
States Geological Survey 7.5 minute topographic quadrangle maps or as
determined by field investigation.
"Site" means any location, place, tract of land, and facilities,
including but not limited to buildings, and improvements used for purposes
subject to regulation or control by [the] Act or regulations thereunder [415
ILCS 5/3.43].
"Unit" means any device, mechanism, equipment, or area (exclusive of
land utilized only for agricultural production). This term includes
secondary containment structures and their contents at agrichemical
facilities [415 ILCS 5/3.62].
"Unit boundary" means a line at the land's surface circumscribing the
area on which, above which or below which waste, pesticides, fertilizers,
road oils or de-icing agents will be placed during the active life of the
facility. The space taken up by any liner, dike or other barrier designed to
contain waste, pesticides, fertilizers, road oils or de-icing agents falls
within the unit boundary.
"Waste" means any garbage, sludge from a waste treatment plant, water
supply treatment plant, or air pollution control facility or other discarded
material, including solid, liquid, semi-solid, or contained gaseous material
resulting from industrial, commercial, mining and agricultural operations,
and from community activities, but does not include solid or dissolved
material in domestic sewage, or solid or dissolved material in irrigation
return flows, or coal combustion by-products as defined in Section 3.94 [of
the Act], or in industrial discharges which are point sources subject to
permits under section 402 of the Federal Water Pollution Control Act, as now
or hereafter amended, or source, special nuclear, or by-product materials as
defined by the Atomic Energy Act of 1954 as amended (68 stat. 921)(42 U.S.C.
2011 et seq.) or any solid or dissolved material from any facility subject
to the Federal Surface Mining Control and Reclamation Act of 1977 (P.L.
95-87) or the rules and regulations thereunder or any law or rule or
regulation adopted by the State of Illinois pursuant thereto [ 415 ILCS
5/3.53].
(Source: Amended at 24 Ill. Reg. ___________________, effective
_________________)
Section 617.110 Incorporation by Reference
a) The Board incorporates the following federal regulations by reference:
40 CFR 302.1 through 302.8.
b) This Part incorporates no later amendments or editions.
(Source: Amended at 24 Ill. Reg.__________________, effective
__________________)
Section 617.115 Scope
a) This Part establishes regulated recharge areas and provisions
governing specific activities in those areas delineated by the Board.
(Source: Amended at 24 Ill. Reg. , effective )
Section 617.120 Prohibitions
a) The following new facilities, sites, units, or potential routes must
not be located within a delineated regulated recharge area:
(1) low level radioactive waste sites;
(2) class V injection wells;
(3) municipal solid waste landfills; or
(4) special or hazardous waste landfills.
b) For the purpose of subsection (a), "new" means the following:
1) a facility, site, or unit that is not in existence or for which
construction has not commenced at its location as of the effective date
of this Subpart;
2) a facility, site, or unit that expands laterally beyond the
currently permitted boundary or, if the potential primary source is not
permitted, the boundary in existence as of the effective date of this
Subpart;
3) a unit or site that is part of a facility that undergoes major
reconstruction, which shall be deemed to have taken place where the
fixed capital cost of the new components, constructed within a 2-year
period, exceed 50% of the fixed capital cost of a comparable entirely
new facility as of the effective date of this Subpart; or
4) a Class V injection well that is not in existence or for which
construction has not commenced at its location as of the effective date
of this Subpart.
(Source: Amended at 24 Ill. Reg. , effective )
Section 617.125 Recharge Area Suitability Assessment
The purpose of the recharge area suitability assessment process is to assess
potential environmental impacts that a new facility would have within a
regulated recharge area, and to assure that appropriate measures to protect
against possible contamination will be included in the operation of the
facility.
a) The owners or operators of new major potential sources located wholly
or partially within a delineated regulated recharge area may not commence
construction without first filing a recharge area suitability assessment
with the Agency, except for livestock operations that meet the criteria set
forth in 35 Ill. Adm. Code 501.404(e) or except as provided in subsection
(b) of this Section.
b) For any livestock waste handling facility subject to the Livestock
Management Facilities Act, the requirement in subsection (a) of this Section
for filing a recharge area suitability assessment is only applicable to such
facility after filing a notice of intent, or a complete registration if the
facility is designed to handle the waste from a 300 animal unit or larger
operation, and:
1) a public informational meeting pursuant to Section 12 of the
Livestock Management Facilities Act is not requested; or
2) the provisions for a public informational meeting are not
applicable to such facility.
c) A recharge area suitability assessment must include, at a minimum, the
following:
1) a legal description of the site and location maps including:
i) a topographic map of the site drawn to scale of 200 feet to
the inch or larger with a contour interval of less than 50 feet;
ii) an area map that shows the approximate distance of the unit
at a facility or site from the nearest potable water supply well or
sinkhole; and
iii) an area map that identifies all land uses within 1 mile of
the site.
2) soil survey data for the site;
3) an explanation of the proposed operation and any protection
controls or measures;
4) a description of any management systems that will be utilized to
prevent environmental contamination; and
5) an analysis of the potential environmental impacts that could
occur due to the operation of the facility and any mitigating measures
that will be implemented.
d) Within 7 days after filing the suitability assessment, the owner or
operator must:
1) notify all adjacent property owners of the filing; and
2) publish a public notice regarding the filing of the assessment in
a newspaper whose circulation covers the affected area.
e) Within 45 days after the filing of an assessment, any persons may:
1) request copies of the assessment from the Agency; and
2) may request that a public hearing be held at a location in the
vicinity of the proposed facility.
f) The Agency must hold the public hearing in a timely manner, but no
more than 45 days after receipt of the written response pursuant to
subsection (e)(2) of this Section.
g) The Agency must provide 21 days public notice prior to a public
hearing.
h) Within 90 days after the filing of an assessment or within 120 days
after a hearing, the Agency must issue a written statement with one of the
following determinations:
1) the assessment demonstrates the potential environmental impacts
that a facility would have within the recharge area and includes the
appropriate measures to protect against possible contamination;
2) the assessment does not demonstrate the potential environmental
impacts that a facility would have within the recharge area and does not
include the appropriate measures to protect against possible
contamination; or
3) the assessment must be modified to address any impacts that the
facility will have on the groundwater within the area.
i) The owner or operator of the facility may, within thirty days, respond
to a statement issued by the Agency pursuant to subsection (h)(2) or (h)(3)
of this Section.
j) Not later than thirty days after receipt of a response from the owner
or operator of the facility, the Agency must issue a final statement
regarding the assessment pursuant to subsection (i) of this Section. If no
response is received by the Agency within the thirty day period, no further
action is necessary and the statement stands as initially issued. k)
Operation of the facility may only commence after the owner or operator
receives the Agency's statement finding the assessment complies with
subsection (h)(1) of this Section, or the owner or operator prevails on
appeal brought under Section 617.125(l), whichever is later. l) The
applicant may appeal the Agency's final statement to the Board by filing a
petition on or before the thirty-fifth day after the issuance of the
statement. The petition must be filed, and the proceedings conducted,
pursuant to the procedures set forth in 35 Ill. Adm. Code 105.
(Source: Amended at 24 Ill. Reg. , effective )
Section 617.130 Technology Control Regulations
The standards and requirements of 35 Ill. Adm. Code 615, 35 Ill. Adm. Code
616, 8 Ill. Adm. Code 257, or 77 Ill. Adm. Code 830 apply to the following
existing and new activities when those activities are located wholly or
partially within 2,500 feet of the wellheads and are located or take place
within a regulated recharge area:
a) landfilling, land treating, surface impounding or piling of special
waste and other wastes that could cause contamination of groundwater and
that are generated on the site, other than hazardous waste and construction
and demolition debris;
b) storage of special waste in an underground storage tank to which
federal regulatory requirements for the protection of groundwater are not
applicable;
c) storage and related handling of pesticides and fertilizers at a
facility for the purpose of commercial application;
d) storage and related handling of road oils and de-icing agents at a
central location; and
e) storage and related handling of pesticides and fertilizers at a
central location for the purpose of distribution to retail sales outlets.
(Source: Amended at 24 Ill. Reg. , effective )
Section 617.135 Abandoned and Improperly Plugged Well Assistance Program
The Department of Public Health and Department of Natural Resources may
develop an assistance program for abandoned and improperly plugged water supply
wells as follows:
a) The Department of Natural Resources and Department of Public Health
must develop educational materials on the requirements for properly plugging
abandoned water supply wells within a regulated recharge area.
b) The Department of Natural Resources and the Department of Public
Health must work within a School District to develop, and implement an
educational program utilizing the materials developed under subsection (a)
of this Section on the requirements for properly plugging abandoned water
supply wells within or within the service area of the water supply within a
regulated recharge area.
c) The associated water supply with a regulated recharge area will
distribute the educational materials developed under subsection (a) of this
Section to the water users within the service area.
d) The Department of Natural Resources must work with a school district
in the service area associated with a regulated recharge area to develop and
implement groundwater protection information on the proper plugging
requirements of abandoned water supply wells.
(Source: Amended at 24 Ill. Reg. , effective )
Section 617.140 Recharge Area Road Sign Posting
Road signs will be posted at the entrance to and exit from a regulated
recharge area after the effective date of this Subpart, as follows:
a) the Agency must work with the Illinois Department of Transportation to
demarcate any state or interstate road or highway at the perimeter of a
regulated recharge area; and
b) the public water supply must demarcate where any major road other than
a state or interstate road or highway enters or exits a regulated recharge
area.
(Source: Amended at 24 Ill. Reg. , effective )
SUBPART B: PLEASANT VALLEY PUBLIC WATER DISTRICT
REGULATED RECHARGE AREA
Section 617.200 Purpose
This subpart establishes requirements and standards for the protection of the
Pleasant Valley Public Water District for certain types of existing or new
facilities, sites or units located wholly or partially within the regulated
recharge area boundary delineated in 35 Ill. Adm. Code 617.Appendix A. (Source:
Amended at 24 Ill. Reg. , effective )
Section 617.205 Applicability
a) This Subpart applies to the following facilities, sites, units or wells
located partially or wholly within the Pleasant Valley Public Water District's
recharge area boundary:
1) those activities not regulated by 35 Ill. Adm. Code 615 or 35 Ill.
Adm. Code 616;
2) Class V wells and abandoned and improperly plugged wells of any type;
3) existing and new potential primary sources of groundwater
contamination, existing and new potential secondary sources of groundwater
contamination, existing and new potential tertiary sources of groundwater
contamination, and existing and new potential routes of groundwater
contamination; and
b) nothing in this Subpart impacts the application of State or Federal laws
or regulations (35 Ill. Adm. Code 615, 35 Ill. Adm. Code 616, Sections 106 and
107 of the Comprehensive Environmental Response, Compensation and Liability Act
(42 U.S.C. 9601, et seq.); Sections 3004 and 3008 of the Resource Conservation
and Recovery Act (42 U.S.C. 6901, et seq.); Sections 4(q), 4(v), 12(g), 21(d),
21(f), 22.2(f), 22.2(m) and 22.18 of the Act; 35 Ill. Adm. Code 724, 725, 730,
731, 733, 740, 742, 750, 811 and 814) ) to activities addressed in those Parts
that occur within the boundaries of the regulated recharge area set out in 35
Ill. Adm. Code 617.Appendix A.
(Source: Amended at 24 Ill. Reg. , effective )
Section 617.210 Registration of Potential Sources and Routes of Groundwater
Contamination
The owner or operator of potential sources or routes of groundwater
contamination, located wholly or partially within the Pleasant Valley Public
Water District's regulated recharge area detailed in Appendix A, must register
the location with the Agency using forms provided in Appendix B as follows:
a) no later than 30 days prior to commencement of construction for new
potential routes, primary, secondary or tertiary sources of groundwater
contamination; or
b) no later than 90 days after the registration meeting described in
Section 617.215 of this Subpart.
(Source: Amended at 24 Ill. Reg. , effective )
Section 617.215 Recharge Area Registration Meeting
The Agency must hold an information and registration meeting for the owners
or operators of potential sources and routes of groundwater contamination that
are located within the boundaries of the regulated recharge area.
a) Within 30 days after the effective date of Subpart B of this Part, the
Agency, with the cooperation of the Pleasant Valley Water District, must
conduct a door-to-door canvass to notify the owners or operators of all
known potentially impacted facilities of the date, time, and place of the
informational and registration meeting:
b) At the meeting, the Agency will provide:
1) information concerning the applicability of this Subpart;
2) an explanation of and information concerning any other related
regulations; and
3) an opportunity for the owner or operator to register the facility.
c) The Agency will sponsor the meeting within 90 days after the effective
date of this Subpart at a location within the Pleasant Valley Public Water
District.
d) The Agency must provide copies of each registration to the Pleasant
Valley Public Water District.
(Source: Amended at 24 Ill. Reg. , effective )
Section 617.220 Management Systems for Potential Sources
a) The owner or operator of any potential tertiary source of groundwater
contamination, located wholly or partially within the regulated recharge
area, must develop and implement a chemical substances management system,
that, at a minimum, must include the following:
1) a brief description of the manner in which the on-site chemical
substances are stored and used;
2) a potential release assessment and the response procedures to be
followed by the facility for notifying local emergency response
agencies;
3) management measures that are employed to reduce the potential for
releases; and
4) suitable training as provided by the Agency pursuant to Section
617.225 of this Subpart.
b) The owner or operator of an existing potential tertiary source of
groundwater contamination, located wholly or partially within the regulated
recharge area must:
1) Within 90 days of the effective date of this Subpart register for
the training required under Section 617.225; and
2) Within 120 days of the effective date of this Subpart attend an
Agency sponsored training program required under Section 617.225 before
the development of the required chemical substances management plan (CSMP).
c) The owner or operator of an existing potential tertiary source of
groundwater contamination, located wholly or partially within the regulated
recharge area must within 180 days after the training required pursuant to
Section 617.225 develop a CSMP and make it available on-site.
d) The chemical substances management system for a new potential tertiary
source must also include secondary containment. Chemical substance storage
areas regulated under this subpart must have a constructed or pre-fabricated
containment system that is operated as follows:
1) When not protected from receiving precipitation, the constructed
or pre-fabricated containment system must have:
A) a minimum containment volume of a 6-inch rain storm (a 25
year, 24 hour rain);
B) the capacity of the largest container or tank; and
C) the volume displaced by the bases of the other tanks located
within the secondary containment structure.
2) When protected from receiving precipitation, the constructed or
pre-fabricated containment system must have a minimum containment volume
of 100 percent of the capacity of the largest container or tank, plus
the volume displaced by the bases of the other containers or tanks.
3) The owner or operator must prevent run-on into the pre-fabricated
or constructed secondary containment system, unless the collection
system has sufficient excess capacity in addition to that required in
subsection (b)(1) of this Section to contain any run-on, which might
enter the constructed or pre-fabricated containment system.
4) The owner or operator must remove spilled or leaked material and
accumulated precipitation from the sump or collection area in a timely a
manner to prevent overflow of the collection system.
e) The owner or operator of a new potential tertiary source of
groundwater contamination, located wholly or partially within the regulated
recharge area must:
1) register for the training required under Section 617.225 30 days
before construction has commenced; and
2) attend an Agency sponsored training program required under Section
617.225 within 60 days of registration.
f) The owner or operator of a potential primary or secondary source must
review the facility's chemical management practices and take any necessary
actions to ensure protection equivalent to subsection (a) or (b) of this
Section.
g) The owner or operator of a potential tertiary source must do the
following, unless an equivalent CSMP has been prepared and filed:
1) maintain a CSMP at the facility at all times;
2) review the CSMP annually;
3) clearly identify changes in the CSMP;
4) provide a copy of the initial Plan to the appropriate local fire
department and police response agency; and
5) make the CSMP available for inspection by the public during normal
operating hours.
(Source: Amended at 24 Ill. Reg. , effective )
Section 617.225 Training Program for Potential Tertiary Sources
a) A chemical substance management training program (as required in
Section 617.220(a)) must be conducted by the Agency as follows:
1) The training program must cover, at a minimum, the following
topics:
A) an overview of the sensitivity of community water supply
recharge areas and groundwater protection;
B) improperly abandoned wells;
C) the procedure for developing a chemical substance management
system;
D) cost effective containment systems;
E) small business technical assistance opportunities; and
F) pollution prevention alternatives appropriate for the type of
business.
2) The chemical substances management system training program will be
offered at least once, and may be offered more frequently, depending
upon demand. The Agency or its designee must publish advance notice of
the time, date, and location for each training program.
3) An individual must enroll with the Agency prior to the date for
the next scheduled training program.
4) The Agency must provide the owner or operator of a potential
tertiary source that participates in the chemical substances management
training program with a certificate of completion.
b) The owner or operator of a potential tertiary source who receives a
certificate of completion of a chemical substances management training
program must post the certificate of completion at his place of business,
and must provide a copy of such certificate to the Pleasant Valley Public
Water District within 10 days after receipt of the certificate from the
Agency.
(Source: Amended at 24 Ill. Reg. , effective )
Section 617.Appendix A Boundary of the Pleasant Valley Public Water District
Regulated Recharge Area
Agency Note: A full scale copy of this map is
available for public inspection in the Board's office in the James
R. Thompson Center, 100 W. Randolph St., Suite 11-500, Chicago,
Illinois 60601.
(Source: Added at 25 Ill. Reg. 10350, effective September 1, 2001)
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Section 617.Appendix B Potential Route and Source Registration Form
SECTION 617.APPENDIX B - PLEASANT VALLEY PUBLIC WATER DISTRICT
POTENTIAL SOURCE AND ROUTE REGISTRATION FORM
DATE:
_________________________________________________________________________________________
COMPANY/FACILITY NAME:
____________________________________________________________________
MAILING ADDRESS:
____________________________________________________________________________
PHONE: ___________________________________________________
COMPANY/FACILITY CONTACT NAME:
___________________________________________________________
PHONE: __________________________________________________
EMERGENCY CONTACT NAME:
__________________________________________________________________
PHONE: __________________________________________________
PROPERTY OWNER'S NAME:
_____________________________________________________________________
PHONE: __________________________________________________
PROPERTY OWNER'S ADDRESS:
__________________________________________________________________
BRIEF DESCRIPTION OF BUSINESS ACTIVITIES AND
PROCESSES:____________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
BRIEF DESCRIPTION OF SPECIFIC CHEMICAL SUBSTANCES USED:
__________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
IT IS SO ORDERED. I, Dorothy M. Gunn, Clerk of the Illinois
Pollution Control Board, hereby certify that the above opinion and order was
adopted on the 10th day of August 2000 by a vote of 5-0. Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
1 Both Pub. Act 85-863 in its entirety and the portion of Pub. Act 85-863 found
at 415 ILCS 55/1 et seq. (1998), are commonly referred to as the "Illinois
Groundwater Protection Act." For clarity, only the latter will be identified as
the Illinois Groundwater Protection Act (IGPAct) herein.
2 Citations to the Agency's Statement of Reasons filed on February 14, 2000,
will be cited as "Statement at __." Citations to the transcript from the May 9,
2000 hearing will be cited as "Tr. at __."
3 Citations to the Exhibits filed with the Agency's proposal will be cited as "Exh.
__ at __."
4 A "major potential source" is a unit at a facility or site that is not
currently subject to a removal or remediation action that stores, accumulates,
landfills, or land treats waste other than household waste, that could cause
contamination of groundwater, and is generated on the site. See 35 Adm. Code
617.102. A "major potential source" is a "new major potential source" if, as of
the effective date of this proposal, it does not exist or construction has not
begun on it. 35 Ill. Adm. Code 617.102. A "new major potential source" may also
be a facility, site, or unit which laterally expands or undergoes major
reconstruction as of the effective date of this proposal. 35 Ill. Adm. Code
617.102. 27 14 30
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