ILLINOIS POLLUTION CONTROL BOARD
June
25,
1987
IN THE MATTER OF:
)
PROPOSED AMENDMENTS TO
)
R85—14
PUBLIC WATER SUPPLY
)
REGULATIONS,
35
ILL. ADM.
)
CODE 602.105 AND 602.106
)
PROPOSED RULE.
REQUEST FOR ADDITIONAL COMMENTS.
ORDER OF THE BOARD
(by 3.
Anderson):
This proceeding was initiated by the regulatory proposal
filed
by the Agency on June
13, 1985.
On the same day, the Board
ordered first notice publication in the Illinois Register, which
notice appeared
at
9 111. Reg.
10594.
On August
15, 1985,
after
two public hearings, the Board adopted the proposal as emergency
rules which expired January 11,
1986.
By Order of April 16,
1987,
the Board again directed first
notice publication of this proposal, as
required by the
Administrative Procedures Act when a rule has not been adopted
within one year of
first notice publication.
This notice
appeared at
11
Ill.
Reg. 7873 on May
1, 1987.
Economic hearings
were held
on May
5 and May
12.
The public comment period closed
on June 12,
1987.
The Board places
a high priority on completion of this
rulemaking,
as
it
is aware that adoption of the proposal
would
allow economic development
to proceed
in several communities.
The Board
is accordingly
in the process of reviewing the most
recent additions
to the lengthy record previously developed in
this proceeding.
While the Board has not as yet determined
that the record
supports adoption of this proposal,
it would appear that the
proposal
as originally submitted
in 1985 needs revision
in light
of events discussed in 1987.
At
the last hearing
in this matter, the Agency discussed its
intention to commence,
in cooperation with USEPA,
an “enhanced
enforcement program”.
This program would have
a special emphasis
on public water supplies which are in violation of the
radiological quality standards and which have not made
an
enforceable written commitment
to achieve compliance by a certain
date.
If the Agency’s proposed rule change were not adopted, any
public water
supply which had not been granted
a variance and
7$.564
—‘--
which was found
to be in violation of the radiological quality
standards would continue
to remain on restricted status until
compliance was actually achieved.
Continuation of restricted
status would essentially be
an additional “penalty”
to aid
in
enforcement of the Act and encourage achievement of compliance
more quickly.
On
the other hand,
if this proposal
is adopted, restricted
status would be lifted for all public water
supplies, regardless
of any finding
by the Board
in an enforcement action, for
instance, that the supply had acted
in bad
faith and had ignored
compliance requirements over several years.
The Board would
question its ability to put a recalcitrant community back on
restricted status
if a blanket rule existed removing all such
communities from restricted status.
The Board accordingly believes that
in order
to avoid
unintended
results,
the Agency proposal would need modification
as outlined below.
Under
the Illinois Administrative Procedure Act,
if the
Board
should choose
to adopt this proposal,
the Board would
enter
an Order directing that second notice of this proposal
be
submitted
to the Joint
Legislative
Committee on Administrative
Rules
(JCAR).
JCAR has
45 days in which to review the proposed
rules,
to suggest changes, and/or to make objections to adoption
and
filing of the rules.
Once
a proposal
is
in JCAR’s hands, no
further changes can be made in the proposal unless they are
suggested
by JCAR.
Given
these circumstances, the Board would
be hesitant to
adopt an amendment to the Agency proposal without giving an
opportunity for comment on the wording of the amendment.
While
the Board
could adopt a second notice Order and delay submittal
to JCAR until comments had been received, given
the great public
interest in expedited decision
in this matter,
the Board believes
that
it
is preferable
to solicit comments while
it continues
its
review and deliberation of this record.
The Board accordingly
requests that any comments on the language below be
filed on or
before July
10,
1987.
Adherence to this schedule will allow the
Board
to consider this proceeding at its July 16 meeting.
TITLE 35:
ENVIRONMENTAL PROTECTION
SUBTITLE F:
PUBLIC WATER SUPPLIES
CHAPTER
I:
POLLUTION CONTROL BOARD
Section 602.105
Standards for Issuance
a)
Except as provided
in Section 602.105(d),
the Agency shall
not grant any construction or operating permit required by
this Part unless the applicant submits adequate proof that
78-565
the public water supply will
be constructed, modified
or
operated so as not
to cause
a violation of the Environmental
Protection Act
(Ill.
Rev.
Stat. ~993 1985,
ch.
ill 1/2, pars.
1001 et seq.)
(Act),
or of this Chapter.
b)
The Agency shall
not grant any construction or operating
permit required by this Part unless the applicant submits
adequate proof that the public water supply facility conforms
to the design criteria promulgated by the Agency under
Section 39(a) of the Act or Section 602.115
or
is based
on
such other criteria which
the applicant proves will produce
consistently satisfactory results.
c)
The Agency shall not grant any construction permit required
by this Part unless the applicant submits proof that any plan
documents required by this Section and Section 602.108 have
been prepared
by a person qualified under
the Illinois
Architecture Act
(Ill.
Rev.
Stat. ~98~ 1985,
ch.
111, pars.
201 et seq.), the Illinois Professional Engineering Act (Ill.
Rev.
Stat.
~98~ 1985,
ch.
111, pars.
5101 et seq.), the
Illinois Structural
Engineering Act (Ill.
Rev. Stat.
~98I
1985,
ch.
111,
pars.
6501 et seq.), or any required
combination thereof.
d)
Until January
1, 1989,
the Agency shall not deny to any
applicant any construction or operating permit required by
this Part provided that:
1)
the public water supply has not been placed on
restricted
status by Order
of the Board entered pursuant
to the criteria of Section 33 of the Act at
the
conclusion
of
an enforcement action brought against the
public water
supply pursuant to Title Vill
of the Act;
and
fl
the public water
supply has a fluoride concentration
less than or equal
to
4 mg/i;
or
3)
the public water supply has
a combined radium 226
and
radium 228 concentration less than or equal
to 20 pCi/i
or
~J
the public water supply has gross alpha particle
activity
(including radium—226,
but excluding radon
and
uranium) concentration less than or
equal
to 60 pCi/i.
(Source:
Amended at
11 Ill.
Reg.
effective
_____________________
78.566
—4—
Section 602.106
Restricted Status
a)
Restricted status shall be defined as the Agency
determination, pursuant to Section 39(a)
of the Act and
Section 602.105, that
a public water supply facility may no
longer be issued
a construction permit without causing
a
violation of the Act or this Chapter.
b)
Except as provided
in Section 602.106(d),
the Agency shall
publish and make available
to the public,
at intervals of not
more than six months,
a comprehensive and, up—to—date list of
supplies subject
to restrictive status and the reasons why.
C)
The Agency shall notify the owners
or official custodians of
supplies when the supply
is initially placed on restricted
status by the Agency.
d)
Until January
1,
1989,
the Agency’s published
list of
supplies subject
to restricted status shall
not include
supplies which are eligible
for
issuance of permits pursuant
to the criteria of Section 602.105(d).
(Source:
Amended at 11
Ill.
Reg.
_____
effective
_________________
IT
IS
SO ORDERED.
B.
Forcade concurred.
3. D.Dumelle dissented.
I,
Dorothy N. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify tha
the above Order was adopted on
the ~
day of
_____________________,
1987
by a vote
of
..q-j
.
Dorothy N. ,~unn,Clerk
Illinois Pollution Control Board
78467