RECEIVED

CLERK'S OFFICE

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

INTHE MATTER OF

:

)

STANDARDS AND REQUIREMENTS

FOR POTABLE WATER WELL

SURVEYS AND FOR COMMUNITY

RELATIONS ACTIVITIES PERFORMED

INCONJUNCTION WITH AGENCY

NOTICES OF THREATS FROM

CONTAMINATION UNDER P.A. 94-134

NEW 35 ILL. ADM. CODE PART 1505

Dorothy Gunn, Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 W. Randolph, Suite 11-500

Chicago, Illinois 60601

Matt Dunn

Environmental Bureau Chief

Office of the Attorney General

James R. Thompson Center

100 W. Randolph, 12th Floor

Chicago, Illinois 60601

Attached Service List

PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of the Illinois

Pollution Control Board the Illinois Environmental Protection Agency's Testimony of Gary P. King,

Testimony of Richard P . Cobb, Testimony of Kurt D. Neibergall, and Errata Sheet No . 1, a copy of each

of which is herewith served upon you

.

M

11th

f

/

A i

I

n'

Mark Wight

Assistant Coun

Division of Legal Counsel

DATE: March 13, 2006

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

(217) 782-5544

NOTICE

Bill Richardson

General Counsel

Illinois Dept. of Natural Resources

One Natural Resources Way

Springfield, Illinois 62702-1271

Amy Antoniolli, Hearing Officer

Illinois Pollution Control Board

James R. Thompson Center

100 W. Randolph, Suite 11-500

Chicago, Illinois 60601

MAR 1 4 2006

STATE OF ILLINOIS

Pollution Control Board

R06-023

(Rulemaking - Public Water)

THIS FILING SUBMITTED ON RECYCLED PAPER

---

RECEIVED

CLERICS OFFICE

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

MAR 14 2006

IN

THE MATTER OF :

)

STATE OF ILLINOIS

Pollution Control Board

STANDARDS AND REQUIREMENTS

FOR POTABLE WATER WELL

)

R06-023

SURVEYS AND FOR COMMUNITY

)

(Rulemaking- Public Water)

RELATIONS ACTIVITIES PERFORMED

)

INCONJUNCTION WITH AGENCY

)

NOTICES OF THREATS FROM

)

CONTAMINATION UNDER P.A. 94-134 )

NEW 35 ILL. ADM. CODE 1505

)

TESTIMONY OF RICHARD P. COBB, P.G.,ON BACKGROUND OF PROPOSAL AND

PROPOSED SUBPART A

My name is Richard P . Cobb, and I am the Deputy Manager of the Division of Public

Water Supplies of the Illinois Environmental Protection Agency's (EPA) Bureau of Water (BOW)

.

I am also responsible for managing the Groundwater Section in the BOW . I have served as an

Illinois EPA representative on the Interagency Coordinating Committee on Groundwater (ICCG)

(415 ILCS 55/4) since 1988. The Illinois Groundwater Protection Act (IGPA) (415 ILCS 55/5),

established the ICCG .. 'Illinois EPA chairs the ICCG, which is comprised of: the Illinois

Department of Public Health (IDPH); Department of Natural Resources (DNR) ; Department of

Agricultural; Illinois State Fire Marshall; Department of Commerce and Economic Opportunity,

and Illinois Emergency Management Agency

.

Additionally, I have served as the ICCG liaison to

the Governor-appointed Groundwater Advisory Council (GAC) (415 ILCS 55/5) from 1988 to the

present. The GAC is comprised of environmental, business, public water supply, county and

municipal government, regional planning, and water well driller interest group representatives

.

The ICCG and GAC work jointly, and the Illinois EPA is the liaison between the ICCG and GAC

.

For further detail on my qualifications I have enclosed a copy of my Curriculum Vitae in

Attachment I .

---

Tho purpose of my testimony today is to provide a brief explanation of the background that

has led to the enactment of Public Act (P.A.)

94-314

and to the Agency's proposal of

35 111 .

Adm .

Code

1505:

Standards and Requirements for Potable Water Well Surveys and for Community

Relations Activities Performed in Conjunction with Agency Notices of Threats from

Contamination. In addition, I will testify on the purpose and scope of proposed Part

1505

as set

forth in Section 1505.100. This testimony, the attachments included with this testimony, and the

Agency's Statement of Reasons generally describe the basis for the proposed general purpose and

scope of the potable well survey and community relations plan regulations

.

I.

BACKGROUND

The genesis of these proposed regulations evolved from two groundwater contamination

incidents that occurred in DuPage County. Starting in 2000, groundwater contamination events in

Lisle and Downers Grove identified a large number of private drinking water system wells located

in unincorporated areas with high-density residential neighborhoods, codependent on community

water supply (CWS) wells

.

Attachment IIprovides a detailed chronology of events and activities

that led to the development and adoption of P.A .

94-314

on July 25,2005 (commonly referred to

as the Right-to-Know (RTK) law). The RTK law was prompted in part by the experience of a

group of DuPage County homeowners who learned that their private wells were polluted with

potential cancer-causing chemicals . A citizen with the Lisle Citizens Advisory Group (CAG), and

ICCG RTK Notice Committee recommended that sites should have to provide a preliminary notice

of some type as soon as they are in a program working with the State, if there is suspected or

known contamination .

The notification and rulemaking requirements of the RTK law, that

amended the Illinois Environmental Protection Act (Act), flowed from this key stakeholder input

.

A

.

NOTIFICATION REQUIRED

2

---

The RTK Law creates Title VI-D of the Act (415 ILCS 5/25d-1 - 25d-10). Sections 25d-

3(a) and (b) require the Illinois EPA to provide notice to certain specified members of the public

when :

1)

Soil contamination beyond the boundary of the site where the release occurred

poses a threat of exposure to the public above the appropriate Tier I remediation objectives, based

on the current use of the offsite property

;

2)

Groundwater contamination poses a threat of exposure to the public above the Class

I groundwater quality standards adopted by the Board ;

3)

The Agency refers a matter for enforcement under Section 43(a) of the Act (415

ILCS 5/43(a) (substantial endangerment)

;

4)

The Agency issues a seal order under Section 34(a) of the Act (415 ILCS 5/34(a)

;

and

5)

The Agency, the United States Environmental Protection Agency (USEPA), or a

third party under Agency or USEPA oversight performs an immediate removal under the federal

Comprehensive Environmental Response, Compensation and Liability Act

.

Section 25d-3(c) provides guidance to the Agency as to how the notices are to be provided

and the form they should take .

B .

METHODS OF NOTIFICATION

Subsection 25d-3(c) of the Act (415 ILCS 5/25d-3(c)) requires that

:

The methods by which the Agency gives the notices required under this Section

shall be determined in consultationwith members of the public and

appropriate members of the regulated community and may include, but shall

not be limited to, personal notification, public meetings, signs, electronic

notification, and print media . For sites

at which a responsible party has

implemented a community relations plan, the Agency may allow the responsible

party to provide Agency-approved notices in lieu of the notices required

to be

given by the Agency.

(Emphasis added)

3

---

As emphasized above, the RTK law requires the Illinois EPA to consult with "

.

. .members

of the public and appropriate members of the regulated community ."

After discussion with the

ICCG and GAC, the Council agreed to facilitate the consultation process on August 17, 2005

.

The GAC established a committee (GAC Notice Committee) comprised of the Council members,

citizen representatives from the Lisle and Downers Grove CAGs, and the Executive Director of the

Illinois Environmental Regulatory Group (IERG)

.

The GAC Notice Committee held their first

meeting on October 12, 2005 .

The starting point for the GAC Notice Committee discussion was

the review of the recommendations provided from the RTK Notice Subcommittee that was

previously established by the ICCG and GAC in response to House Resolution (HR) 1010 adopted

on June 1, 2004 .

The RTK Subcommittee provided the following input and guidance on how to

improve notification pursuant to HR 1010

:

1)

Utilizing more than one method of notifying potentially affected parties

will

be

needed ;

2)

Notification should be provided in the form of an official looking letter, similar to

what is provided by Vehicle Emissions Testing program ;

3)

The public generally discards post cards

;

4)

The public is inclined to be more receptive if the notification comes from a local

health department more so than from an agency which is not local

;

Notifications should reference that state and federal agencies are involved with the

project ;

4

---

6) With respect to the print media, a headlined article not advertisement is preferred

.

(The public rarely reads the legal notices and even ads not located in the legal notice section may

not be read); and

7)

The seriousness of testing their private water supply wells should be emphasized

.

There was extensive discussion by the GAC Notice Committee that occurred to

evaluate

these recommendations and to provide additional input .

Bill Compton (Chair, GAC) and D.K .

Himer (Executive Director, IERG) agreed to prepare a draft document in the form of a resolution

back to the rest of the committee for their review and input .

The committee deliberation process

continued through October, November, and December 2005 via e-mail

.

The resolution, prepared

by the GAC committee via a consensus-based process was finalized on December 27, 2005 and

was sent out to the committee on January 3, 2006 (see Attachment III)

.

This resolution provides

input to the Illinois EPA on the methods of providing notice as required under 25d-3

of the Act .

Moreover, the resolution documents the results of the consultation process required pursuant to

Subsection 25d-3(c) of the Act

.

The resolution provides input on the notices provided by the

Illinois EPA or :

For sites at which a responsible party has implemented a community relations plan, the

Agency may allow the responsible party to provide Agency-approved notices

in lieu of

the notices required to be given by the Agency . (Emphasis added)

Subsection 25d-3(c) of the Act does not require a responsible party to provide

notice .

However, it provides an option to the responsible party, where the Illinois EPA deems appropriate,

to issue such notice upon Illinois EPA review and approval

.

C

.

POTABLE WATER SUPPLY WELL SURVEYS AND COMMUNITY RELATIONS

ACTIVITIES

The notice provisions of Section 25d-3 of the Act are linked to the community relations

provisions of Section 25d-7(a) by Section 25d-3(c) cited above

.

In addition, Section 25d-7(a)

5

---

provides for the adoption of potable water supply well survey procedures

.

Section 25d-7(a)

requires the Illinois EPA to do and consider the following

:

"[T]he Agency shall evaluate the Board's rules and propose amendments to the rules as

necessary torequire potable water supply well surveys and community relations

activities where such surveys and activities are appropriate in response to releases of

contaminants that have impacted or that may impact offsite potable water supply

wells

.

. ."

" .

..Community relations activities required by the Board shall include, but shall not

be

limited

to,

submitting a community relations

plan

for Agency approval,

maintaining a public information repository that contains timely information about

the actions being taken in response to a release, and maintaining dialogue with the

community through means such as publicmeetings, factsheets, and community

advisory groups ." (Emphasis added)

These proposed regulations are necessary in order to assess where off-site potable water

supply wells are impacted or may be impacted by contamination, and to also provide the standards

for community relation activities . These standards set the minimum requirements for community

relations activities for responsible parties who may accept an Agency offer to provide notice

pursuant to Section 25d-3(c) as part of those community relations activities . Further, these

standards provide the Illinois EPA's basis of review for approving or disapproving community

relations activities being proposed by the responsible party in lieu of Illinois EPA notification

.

D .

OUTREACH

The Illinois EPA held a public stakeholder input meeting on January 4, 2006 and met with

industry group representatives on January 10, 2006. The invitees and attendees for these meetings

are discussed in more detail in the Agency's Statement of Reasons at pages five through seven

.

One of the key comments heard from the industry group representatives was that the community

relations requirements should be closely tied to the notification requirements. Due to the time

constraints, Illinois EPA conducted less outreach than we would normally do prior to submission

of the proposal to the Board

.

However, Illinois EPA committed to continue working with

6

---

stakeholders throughout this process. Since filing the original proposal with the Board on January

20, 2006, the Illinois EPA has met with a small subgroup of the Site Remediation

Advisory

Committee (February 9, 2006), a subset of environmental interest groups (March 1, 2006), 'and the

GAC (March 7, 2006) to obtain their input and perspectives

.

The Illinois EPA used the errata

sheet revisions during our dialog with these groups

.

These groups generally have been supportive

of the revised version of the proposal

.

One issue remaining is the extent to which occupants of

affected off-site properties should be identified and provided with notice

. A citizen representative

commented that notification to occupants should be required .

This issue is discussed further in

testimony for Subpart C . Also, it is the Agency's understanding that the Chicago Legal Clinic

has

offered to assist citizens with participating in the Board proceedings

.

II .

THE AGENCY'S PROPOSAL

The remainder of my testimony addresses Subpart A of the Agency's proposed Part 1505

.

Subpart A contains general provisions in support of the regulations such as the purpose and scope,

applicability, definitions, and severability

.

Section 1505.100 -states the two purposes of Part 1505

:

1) To set forth procedures for

conducting potable water supply well surveys pursuant to applicable Board rules and for the

documentation and reporting of the results of those surveys to the Agency ; and 2) to set forth the

standards and requirements for the performance of community

relations activities when the

Agency has authorized the responsible party to provide notice in lieu of the

Agency as part of

Agency-approved community relations activities . Consistent with these purposes, the proposed

Part establishes the minimum standards and requirements for the performance of the potable water

supply well surveys and the development, review, implementation and distribution

of fact sheets

and community relations plans and the establishment and maintenance of document repositories

.

7

---

Section

1505.105

directs interested parties to Subparts B and C for applicability

information.

This is because each Subpart operates independently of the other, and the

applicability considerations are different in each case .

Section 1505 .110 sets forth definitions . The new definitions for purposes of this Part are

"Community Relations Plan," "response action," and a newly proposed definition, "person

performing a response action." The latter has been added to the Agency's proposal since its

original submission to the Board on January 20, 2006 . It has been proposed in the Agency's Errata

Sheet Number 1. It has been added to clarify the applicability provisions of Subpart B . These

definitions will be discussed in more detail as part of the testimony for Subparts B and C

.

Section 1505 .115 is standard severability language .

This concludes my testimony. I will be happy to address any questions

.

THIS FILING SUBMITTED ON RECYCLED PAPER .

8

---

I. Personal

A. Present Position: Deputy Manager, Division of Public Water Supplies, Bureau of Water,

Illinois Environmental Protection Agency

II . Education

1979

San Salvador Bahamian Field Station (Marine Ecology and Paleoecology)

1980

South Dakota School of Mines and Technology (Geology Field Camp)

1981

B .S

.

Illinois State University (Geology)

1984

Illinois State University (Hydrogeology and Engineering Geology)

1986 United States Geological Survey National Training Center (Geochemistry for Groundwater

Systems)

1987 Illinois State University Graduate Hydrogeology Program (Hydrogeology of Waste

Disposal Sites)

1995

Illinois State University Graduate Hydrogeology Program (Hydrology of Glacial Deposits

in Illinois)

1992

United States Geological Survey (MODFLOW and MODPATH groundwater modeling)

1994

24 Hour Occupational Health & Safety Training

1995

Illinois State University Graduate Hydrogeology Program (Computer Modeling of

Groundwater Systems)

2001

United States Environmental Protection Agency Introduction to Quality Systems

Requirements and Basic Statistics Courses

2001

United States Environmental Protection Agency, Drinking Water Academy, Source Water

Contamination Prevention Measures

HI. License

ATTACHMENT I

RICHARD P. COBB, P.G .

CURRICULUM VITAE

9

---

Licensed Professional Geologist 196-000553, State of Illinois, expires 3/31/2007

IV. Certification

Certified Professional Geologist 7455, Certified by the American Institute of Professional

Geologists 4/88

Certified Total Quality Management Facilitator

Certified by Organizational Dynamics Inc ., 5/92

V . Summary of Experience

Over twenty years of diversified, interdisciplinary experience as a: deputy division manager (4-

years), section manager (10-years), unit manager (4-years), and lead worker (3-years) for Illinois'

statewide groundwater protection and drinking water program . Three years of experience as a

consulting well site geologist for major and independent oil companies conducting petroleum

exploration and development in Arkansas, Kansas, Louisiana, Montana, North Dakota, Oklahoma

and Utah. Two years of undergraduate teaching assistant experience for petrology, geologic field

techniques, and stratigraphy courses

.

VI. Summary of Computer Skills

I use the following computer programs: ARC VIEW, Aqtesolv, SURFER, WHPA, DREAM,

AQUIFEM, MODFLOW, MODPATH, Visual MODFLOW and MT3D .

VII. Professional Representation

Illinois Environmental Protection Agency (Agency) liaison to the Governor appointed

Groundwater Advisory Council (GAC) and representative on the Interagency Coordinating

Committee on Groundwater (ICCG) 1988 -present

.

Agency representative on the Senate Working Committee on Geologic Mapping

.

Agency representative on the State Certified Crop Advisory Board, and chairman of the Ethics and

Regulatory Subcommittee established in association with the American Society of

Agronomy/American Registry of Certified Professionals in Agronomy, Crops and Soils 1995 -

2001 .

Past Chairman of the Agency Geographic Information System Users Group .

Past member of the Agency Cleanup Objectives Team from 1988 to 1993 that established soil and

groundwater cleanup objectives on a site-by-site basis .

Member of technical work group that developed Illinois groundwater quality standards regulations

1988-1991 .

10

---

Project leader for a special Agency work group that utilized vadose zone and solute transport

modeling to develop soil cleanup objectives under different hydrogeologic settings for the leaking

underground storage tank program .

Agency representative on a special subcommittee of the ICCG charged with the development of a

State Pesticide Management Plan for the protection of groundwater

.

Member of Agency task group involved with developing the siting criteria for a low level

radioactive waste site in Illinois

.

Environmental regulatory representative from Illinois on the Fresh Water Foundation's

Groundwater Information System (GWIS) project in the great lakes basin .

Agency representative on four priority regional groundwater protection planning committees

designated by the Director to advocate groundwater protection programs at the local level

1991 -

present .

Representative on the Groundwater Subcommittee of the National Section 305(b) Report,

of the

Clean Water Act Consistency Workgroup

.

Bureau of Water representative on the Agency's Locational Data Policy Workgroup

.

Bureau of Water representative on the Agency GIS Steering Committee

.

Member of the Ground Water Protection Council's Wellhead Protection Subcommittee

.

Elected Co-Chair of the Groundwater Division of the GWPC on September 1997 to present

GWPC is a national, not for profit organization whose members are interested in the protection of

the nation's ground water supplies . The mission of the GWPC is to promote the safest methods and

most effective regulations regarding comprehensive ground water protection and underground

injection techniques. GWPC's meetings, workshops, seminars, and symposia provide forums,

educational resources, open communication, and active participation by its members . GWPC's

membership includes local, state, and federal governments, citizen groups, industry, academia, and

other parties interested in responsible protection and management of ground water resources

.

Chairman of Illinois' Source Water Protection Technical and Citizens Advisory Committee

.

United States Environmental Protection Agency National Ground Water Report work group

member. One of 10 state representatives serving on a work group sponsored by U

. S. EPA

headquarters charged with development of a national report to be submitted to the U .S. Congress

on the status and needs for groundwater protection programs across the country . January 1999 to

July 2000 .

Northeastern Illinois Planning Commission Water Supply Task Force member

. The purpose of

this task force is to assist the Commission in the development of

a

Strategic Plan for Water

Resource Management. March 1999 to 2001

.

1 1

---

GWPC/U.S. EPA Futures Forum Work Group providing input on source water protection for the

next 25 years. January 1999 to 2001 .

GWPC/ASDWA work group providing input into the U .S. EPA Office of Ground and Drinking

Water Strategic Plan for Source Water Protection . June 2000 to March 2005

.

Co-Chair U.S. EPA Headquarters/GWPC/ASDWA/ASWIPCA workgroup to develop the second

Ground Water Report to Congress. March 2002 -present .

Member of Agency Enforcement and Compliance System (ACES) Oversight Committee and

Agency Information Management Steering Committee . June 2002 - present .

Chaired the ICCG Groundwater Contamination Response Subcommittee responsible for

developing a new strategy for responding to groundwater contamination and the subsequent

notification of private well owners. March 2002 -April 2002 .

Illinois EPA representative on the ICCG Water Quantity Planning Subcommittee working on

development of a surface and groundwater quantity- planning program for Illinois . June 2002 -

January 2003

Bureau of Water representative on Agency Environmental Justice Advisory Group. January 2003

to present.

Bureau of Water representative working on the development of a new Strategic Management Plan

for Illinois EPA under the new administration . August 2003 .

Chair of the ICCG Right-to-Know (RTK) Subcommittee established under House Resolution

1010.

VIII. Professional Affiliation

American Institute of Professional Geologists

Illinois Groundwater Association

Ground Water Protection Council

National Groundwater Association -Association of Groundwater Scientists and Engineers

Sigma Xi -

The Scientific Research Society

IX. Chronological Experience

5/02 - Present - Deputy Manager, Division of Public Water Supplies, Bureau of Water (BOW),

Illinois Environmental Protection Agency (EPA) . My primary responsibilities include managing

the groundwater and source water protection, field operations, and the administrative sections of

the division. Further, I assist with administering the public water supervision program under the

federal Safe Drinking Water Act ("SDWA")

.

Additionally, responsibility includes the integration

of source water protection with traditional water supply engineering and treatment practices, and to

12

---

further assist with linking Clean Water Act and SDWA programs_

I also represent the BOW on

Illinois EPA's: Strategic Management Planning Team ; Environmental Justice Committee ; Agency

Information Management Steering Committee ; Agency Compliance and Enforcement System

Oversight Group (ACES OG); and the Geographic Information System Steering Committee

.

Further, I chaired the ACES OG Subcommittee that worked on an e-permit system

.

9/92-5/02 - Manager of the Groundwater Section, Division of Public Water Supplies, BOW,

Illinois EPA. I also serve periodically as Acting Manager for the Division of Public Water

Supplies. My primary responsibilities include development and implementation of Illinois

statewide groundwater quality protection, USEPA approved wellhead protection program, and

source water protection program. My responsibilities include development and implementation of

Illinois statewide groundwater quality protection, USEPA approved wellhead protection program,

and the source water assessment and protection program for surface and groundwater. public

drinking water supplies. These duties include extensive coordination with federal, state and local

stakeholders that include the Governor appointed Groundwater Advisory Council, the Interagency

Coordinating Committee on Groundwater, four Priority Groundwater protection planning

Committees, Illinois Source Water Protection Technical and Citizens Advisory Committee and

through being co-chair of the GWPC Ground Water Division

. Additionally, work with the Bureau

of Water permit and Mine Pollution Control Program staff to develop source water protection,

groundwater monitoring and aquifer evaluation and remediation programs

.

I have also served as a

primary Agency witness at Illinois Pollution Control Board proceedings in the matter of

groundwater quality standards, technology control regulations, regulated recharge areas and water

well setback zone exceptions. Furthermore, I have served as an Agency witness in enforcement

matters .

7/91-9/92 - Acting Manager of the Groundwater Section, Division of Public Water Supplies,

BOW, Illinois EPA. My responsibilities include continued development and implementation

of

Illinois statewide groundwater quality protection and USEPA's approved wellhead protection

program. Additionally; work with the Bureau of Water permit and Mine Pollution Control

Program staff to develop groundwater monitoring and aquifer evaluation, remediation and/or

groundwater management zone programs. I also served as a primary' Agency witness at Illinois

Pollution Control Board proceedings in the matter of groundwater quality standards and

technology control regulations . Additionally, serve as an Agency total quality management (TQM)

facilitator, and TQM trainer .

Manage a statewide regulatory compliance program for activities located within setback zones

and

regulated recharge areas of potable water supply wells .

7/88-7/91

- Manager of the Hydrogeology Unit, Groundwater Section, Division of Public Water

Supplies, Illinois EPA. Manage a staff of geologists and geological engineers that apply

hydrogeologic and groundwater modeling principals to statewide groundwater protection

programs. Oversight the development, integration and application of Geographic Information

.

System, global positioning system, geostatistical, optimization, vadose zone, solute transport,

groundwater flow and particle tracking computer hardware/software programs for groundwater

protection and remediation projects

.

13

---

Provide administrative support to the Section manager in coordination, planning, supervision,

grant application and management, regulatory and legislative development in relation to the

statewide groundwater quality protection program . Establish soil and groundwater cleanup

objectives on the Agency Cleanup Objectives Team

.

7/85-7/88

- Environmental Protection Specialist I, II, and III in the Groundwater Section, Division

of Public Water Supplies, Illinois EPA. Lead worker and senior geologist in the development and

implementation of Illinois statewide groundwater quality protection program

.

3/81-12/83

- Consulting Well Site Geologist for Geological Exploration (GX) Consultants of

Denver Colorado. Worked as a consulting well site geologist in petroleum exploration and

development for major and independent oil companies. Responsible for the geologic oversight of

test drilling for the determination and presence of petroleum hydrocarbons . Prepared geologic

correlations and performed analysis of geophysical logs, drilling logs and drill cuttings . Supervised

and analyzed geophysical logging. Made recommendations for conducting and assisted with the

analysis of drill stem tests and coring operations. Provided daily telephone reports and final written

geologic reports to clients

.

1/79-3/81 Title : Undergraduate Teaching Assistant for Illinois State University Geology

Department. Responsible for teaching and assisting with lecture sessions, lab sessions, assignment

preparation and grading for petrology, stratigraphy and geologic field techniques

.

X. List ofRulemaking or Cases in Which Expert Witness Experience Has Been Gained

INTHE MATTER OF: GROUNDWATER QUALITY STANDARDS (35 ILL. ADM. CODE

620), R89-14(B) (Rulemaking)

. Subject: I served as the principal Illinois EPA witness

recommending adoption of this Agency proposal . R89-14(B) was adopted by the Board. The

standards became effective January 1991

.

IN THE MATTER OF: GROUNDWATER PROTECTION: REGULATIONS FOR EXISTING

AND NEW ACTIVITIES WITHIN SETBACK ZONES AND REGULATED RECHARGE

AREAS (35 ILL. ADM. CODE 601, 615, 616 and 617), R89-5 (Rulemaking) . Subject: I served

as the principal Illinois EPA witness supporting adoption of this Agency proposal . R89-5 was

adopted by the Board and became effective January 1992

.

INTHE MATTER OF: GROUNDWATER QUALITY STANDARDS (35 ILL. ADM. CODE

620), R93-27 (Rulemaking)

. Subject: I served as the principal Illinois EPA witness

recommending amendments of new constituent standards in this Agency proposal

.

INTHE MATTER OF: PROPOSED REGULATED RECHARGE AREAS FOR PLEASANT

VALLEY PUBLIC WATER DISTRICT, PROPOSED AMENDMENTS TO (35 ILL . ADM .

CODE 617), R00-17 (Rulemaking) . Subject: I served as the principal Illinois EPA witness

supporting adoption of this Agency proposal . The proposal was adopted on July 26, 2001 and

became effective September 1, 2001

.

14

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IN THE MATTER OF: NATURAL GAS-FIRED, PEAK-LOAD ELECTRICAL GENERATION

FACILITIES WEAKER PLANTS), RO1-10 (Informational Hearing) Subject: I served as a

supporting Illinois EPA witness to discuss the impact of peaker plants on groundwater

.

IN THE MATTER OF: PROPOSED AMENDMENTS TO TIERED APPROACH TO

CORRECTIVE ACTION OBJECTIVES (35 Ill. Adm. Code 742), (ROO-19(A) and R00-19(B))

(Rulemaking) .

Subject: I served as a supporting Illinois EPA witness recommending inclusion of

MTBE in this Agency proposal

.

IN THE MATTER OF: GROUNDWATER QUALITY STANDARDS AND COMPLIANCE

POINT AMENDMENTS (35 ILL. ADM. CODE 620), R01- 14 (Rulemaking)

. Subject: I served

as the principal Illinois EPA witness recommending amendments of

a

groundwater standard for

MTBE and compliance point determinations in this Agency proposal. The Board adopted the

proposal unanimously on January 24, 2002

.

INTHE MATTER OF: PROPOSED AMENDMENTS TO TIERED APPROACH TO

CORRECTIVE ACTION OBJECTIVES (35 Ill . Adm. Code 742) (TACO), (Rulemaking) .

Subject: I served as the Illinois EPA witness supporting amendments TACO to include wellhead

protection areas. September 2004 .

STATE OIL COMPANY vs . DR. KRONE, McHENRY COUNTY and ILLINOIS EPA, PCB 90-

102 (Water Well Exception) . Subject: This case involved obtaining an exception from the owner

of a non-community water supply well for placing new underground gasoline storage tanks within

the 200-foot setback zone of well . I served as the principal witness for Illinois EPA on this case

.

The Board granted the exception with conditions

.

SHELL OIL COMPANY vs. COUNTY of DuPAGE and THE ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY, PCB 94-25 (Water Well Setback Exception)

. Subject: A new

underground gasoline storage tank was seeking an exception from the Illinois Pollution Control

Board in relation to a private drinking water supply well setback zone . The DuPage County and

the Illinois EPA held that the tank would be a significant hazard and opposed the exception. I

served

as

the principal Illinois EPA witness. Shell withdrew the petition from the Board after

hearings were held.

People ex rel. Ryan v. STONEHEDGE, INC., 288 Ill.App.3d 318, 223 I11.Dec. 764, 680 N.E.2d

497 (II1.App. 2 Dist. May 22, 1997)

.

Subject: State brought Environmental Protection-Act action

against company engaged in business of spreading deicing salt, alleging that salt stored on

company's industrial property leaked into area's groundwater supply, thereby contaminating it

.

The Circuit Court, McHenry County, James C. Franz, J., granted company's motion for summary

judgment. State appealed. The Appellate Court, Colwell, J ., held that: (1) wells existing before

Illinois Water Well Construction Code was enacted are not "grandfathered in as being in

compliance with Code, so as to be automatically subject to testing for groundwater contamination,

and (2) fact issues precluded summary judgment on claim arising from alleged deposit of at least

50,000 pounds of salt in pile within 200 feet of two existing water supply wells . Affirmed in part

and reversed in part; cause remanded

.

1 5

---

People vs. AMOCO OIL COMPANY and MOBIL CORPORATION, Case no . 90-CH-79, Tenth

Judicial Court, Tazewell County, Illinois

. Subject: Groundwater contamination resulting from

releases at above ground bulk petroleum storage terminals resulting in violation of Illinois'

Groundwater Quality Standards Regulations (35 Illinois Administrative Code 620) . I served as the

principal Illinois EPA witness on this case . The case was settled with a penalty of $125,000 and

the requirement of a comprehensive corrective action program

.

People vs. STONEHEDGE INC. Case no. 94-CH-46, Circuit Court of the 19 th

Judicial Circuit,

McHenrv County. Subject: This case involved a violation of the potable well setback zone

provisions of Section 14.2 of the Illinois Environmental Protection Act . Stonehedge Inc. placed a

salt pile of greater than 50,000 pounds within the 200 foot setback of multiple private drinking

water supply wells. I served as an Agency principal witness . Stonehedge Inc. was found to be

guilty of violating the setback prohibition in this case and was assessed a penalty of $1,500 and

attorneys fees of $4,500

.

SALINE VALLEY CONSERVANCY DISTRICT vs. PEABODY COAL COMPANY, Case No .

99-4074-JLF, United States District Court for the Central District of Illinois . Subject

:

Groundwater contamination from the disposal of 12.8 million tons of coarse coal refuse, slurry and

gob. Witness for the Illinois EPA . This is an on-going case

.

HOUSE BILL 171 METHYL TERTIARY BUTYL ETHER (MTBE) ELIMINATION ACT,

House Environmental and Energy Committee .

Subject: Legislation to phase out MTBE within 3 years of enactment . I served as a principal

Illinois EPA witness in support of the proposed legislation . The legislation was adopted as Public

Act 92-0132 on July 24 2001 . PA 92-132 required the ban ofMTBE within three years

.

TERESA LeCLERCO; AL LeCLERCO; JAN LeCLERCO; WALT LeCLERCO, individually; and

on behalf of all persons similarly situated vs . THE LOCKFORMER COMPANY, a division of

MET-COIL SYSTEMS CORPORATION, Case no . 00 C 7164, United States District Court,

Northern District of Illinois . Subject: I was called as a witness by Lockformer Company to testify

about a Well Site Survey prepared and published in 1989 by the Illinois EPA for Downers Grove

community water supply.

TERESA LeCLERCO; AL LeCLERCO: JAN LeCLERCO; WALT LeCLERCO, individually; and

on behalf of all persons similarly situated vs . THE LOCKFORMER COMPANY, a division of

MET-COIL SYSTEMS CORPORATION, Case no . 00 C 7164, United States District Court,

Northern District of Illinois

. Subject: I was called as a witness by Lockformer Company to testify

about groundwater contamination in the Lisle and Downers Grove area

.

HOUSE BILL 4177 PRIVATE WELL TESTING PROPERTY TRANSFER and DISCLOSURE

ACT, House Environmental and Energy Committee . Subject: Legislation to require volatile

organic chemical contamination testing of private wells at the time of property transfer and

reporting to the Illinois Department of Public Health and the Illinois EPA . I served as a principal

Illinois EPA witness in

support

of the proposed legislation. The legislation was not supported due

to the opposition from the realtors association

.

16

---

MATTER OF PEOPLE vs. PEABODY COAL, PCB 99-134 (Enforcement)

.

Subject: the State of

Illinois developed an amended complaint against Peabody Coal Company (PCC) for violation of

the groundwater quality standard for total dissolved solids, chloride, iron, manganese,

and sulfate .

I developed testimony to address PCC's affirmative defense of challenging the basis for the

groundwater quality standards for these contaminants

.

IN THE MATTER OF: MAXMIUM SETBACK ZONES FOR MAROUETTE HEIGHTS

PUBLIC WATER SUPPLY (35 ILL. ADM. CODE 618), R05-09 (Rulemaking)

. Subject :

Pursuant to request by the Village of Marquette Heights the Illinois EPA developed a maximum

setback zone for the Marquette Heights community water supply wells

. I developed and presented

testimony to support the Illinois EPA's proposal

.

XI. Honors

Sigma Xi

4/81

Superior Performance Award 1/86

Superior Performance Award 11 /87

Certificate of Commendation for Groundwater Protection Programs 4/92

Certificate of Appreciation for work on the Agency's Cleanup Objectives Team 4/93

Certificate of Appreciation for participation as an Agency TQM facilitator 4/93

Certificate of Appreciation for participation on a total quality action team 4/93

Certificate of Appreciation for participation in the Governors Environmental Youth Corps

Program 4/93

Director's Commendation Award for participation in the development of the City of Pekin, Il

.

Groundwater Protection Program and commitment to the protection of Illinois groundwater . 7/95

Certificate of Appreciation for outstanding contribution to the development of the Ground Water

Guidelines for the National Water Quality Inventory 1996 Report to Congress from the United

States Environmental Protection Agency Office of Ground Water and Drinking Water

. 8/96

Groundwater Science Achievement Award from the Illinois Groundwater Association for

outstanding leadership and service in the application of groundwater science to groundwater

protection in Illinois and in the development of the wellhead protection program and pertinent

land-use regulations. 11/97

Certificate of Appreciation from the Ground Water Protection Council for distinguished service,

remarkable dedication, valuable wisdom and outstanding contribution as a GWPC member,

division co-chair and special committee member . 9/99

17

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Drinking Water Hero Recognition by United States Environmental Protection Agency

Administrator Carol Browner at the 25a' Anniversary of the Federal Safe Drinking Water Act

Futures Forum in Washington D.C. 12/99

.

Certificate of Recognition from United States Environmental Protection Agency Region V

Adminstrator Fred Lyons for outstanding achievements in protecting Illinois' groundwater

resources. 12/99

Nominated by the Governor's Office of Technology for an Exemplary Systems in Government

(ESIG) Award from the Urban and Regional Information Systems Association (URISA) for the

Illinois EPA's Source Water Assessment and Protection Internet Geographic Information System

.

6/01

Certificate of Appreciation from the Illinois EPA for outstanding efforts toward the development

of Clean Construction and Demolition Debris legislation . 10/05

XII. PUBLICATIONS

A. Illinois EPA Strategic Plans

Principal Author

Illinois Environmental Protection Agency's

Homeland Security Strategy,

March 2003, 20pp .

Co-Author

Illinois Environmental Protection Agency'

Strategic Plan, Bureau of Water Section,

September

2003, pp .

B. Enforcement

Principal Author

Opinions and Conclusions of Richard Cobb For the Matter of People v. Peabody Coal,

PCB 99-

134 (Enforcement), May 23, 2003. 60 pp

.

C. Legislative Development Documents

Co-Author

A Plan for Protecting Illinois Groundwater,

Illinois Environmental Protection Agency, January

1986. 65 p

.

1 8

---

Groundwater in Illinois: A Threatened Resource, A Briefing Paper Regarding the Need for

Groundwater Protection Legislation, Governors Office and Illinois Environmental Protection

Agency, April 1987. 34 pp

.

D. Participated in the Development of the Following Regulations and Legislation

Illinois Groundwater Protection Act, Public Act 85-0863, September 1987. 68 pp .

MTBE Elimination Act, Public Act 92-0132, July 24 2001

.

Executive Order #5

- requires the ICCG to designate a subcommittee to develop an integrated

groundwater and surface water resources agenda and assessment report

.

The report shall analyze

the burden's on Illinois finite water resources, quantify Illinois' water resources, and prioritize an

agenda to plan for the protection of these water resources . The Director of the Department of

Natural Resources chaired this subcommittee. The ICCG and GAC shall use the subcommittee's

agenda and report to establish a water-quantity planning procedure for the State

. The Governor

signed executive order #5 on Earth Day April 22, 2001

.

Amendments to Sections 2, 3 and 4 of the Illinois Groundwater Protection Act 415 ILCS 55/2 to

establish a Groundwater and Surface Water Quantity Protection Planning Program, January 2002,

3 pp. These amendments were never adopted due to opposition from the Illinois Farm Bureau

.

Public Act 92 -652/Senate Bill 2072

- Amends the Illinois Groundwater Protection Act to require

the Environmental Protection Agency to notify the Department of Public Health, unless

notification is already provided, of the discovery of any volatile organic compound in excess of the

Board's Groundwater Quality Standards or the Safe Drinking Water Act maximum contaminant

level. Provides an exception to the restriction that the Act does not apply to a community water

supply that is regulated under the Environmental Protection Act . Requires the Department to notify

the public within 60 days of the receipt of the notice from the Agency that the owner of any private

water system, semi-private water system, or non-community public water system needs to test his

or her system for potential contamination. Provides guidelines for the publication of notice .

Passed the Senate Environment and Public Works Committee February 2002

. The Governor

signed this into law as Public Act 29-652 (effective July 25, 2002)

.

House Bill 4177 -amends the Illinois Groundwater Protection Act. Provides that before property

that has a well used for drinking water on it can be sold, the owner must have the well water tested

for volatile organic chemical groundwater contaminants . Provides that if the well water does not

meet the Illinois Pollution Control Board's Groundwater Quality Standards (35 Il Adm Code Part

620), the owner shall notify the Illinois Department of Public Health (1DPH) and the prospective

buyer of the property. The realtors association July 2002 opposed House Bill 4177 .

House Resolution 1010 - The resolution drafted by in cooperation with Senator Patrick Dunn' staff

urge the Illinois Environmental Protection Agency to further strengthen its public outreach efforts

by developing, after negotiations with individuals representing areas affected by contamination

and other relevant State agencies, a procedure to notify property owners whenever the Agency has

confirmed an exceedence of applicable health and safety standards, using scientifically credible

19

---

data and procedures under Illinois regulations. HR 1010 was adopted by voice vote on June 1,

2004 .

Public Act 94-314 (Senate Bill 0214) -

This is referred to as Right-to-Know (RTK) law. The law

includes providing the Illinois EPA with administrative order authority (AO), information order

authority, and established the requirements for providing notices to residents or business exposed

or potentially exposed to contamination. The Illinois EPA had been seeking this type of AO

authority for the past 35 years . Senate Bill 0214 was unanimously passed by both the Senate and

the House May 2005 . The legislation was signed into law by the Governor July 27, 2005

.

E. Water Quantity Management and Protection

Principal Author

R.P ., Cobb, August 2002,

Development of Water Quantity Planning and Protection in Illinois -A

New Direction,

Proceedings of the Annual Ground Water Protection Council Technical Forum,

San Francisco, California, IOpp .

F. Participated in the Development of the Following Regulations

Groundwater Quality Standards

(35 Ill. Adm. Code 620), November, 1991 . 79 pp .

Groundwater Protection: Regulations for Existing and New Activities within Setback Zones and

Regulated Recharge Areas

(35 Ill. Adm. Code 601, 615, 616 and 617), December 1991 . 132 pp .

Maximum Setback Zone Rules For Community Water Supply Wells

(35 111 .

Adm. Code 671),

February 1988. 50 pp .

Minimal Hazard Certification Rules (35I11. Adm. Code 670),

February, 1994. 21 pp

.

Amendments to the Groundwater Quality Standards Regulation, (35111. Adm. Code 620),

February

1994 .

Regulated Recharge Area Regulation for Pleasant Valley Public Water District, (35111. Adm Code

617),

September 1, 2001 Effective date .

Maximum Setback Zone Regulation for Illinois American Water Company-Peoria,

(35 Ill. Adm .

Code 618),

under development

.

Maximum Setback Zone Regulation for Marquette Heights,

June 2004, under development .

G. Groundwater Quality and Hydrogeology

Principal Author

20

---

Cobb, R.P., and Sinnott, C.L., 1987

. Organic Contaminants In Illinois Groundwater

. Proceedings

of the American Water Resources Association, Illinois Section, Annual Conference,

Champaign,

IL, April 28-29, p. 33-43

.

Clarke, R.P., and Cobb,R.P., 1988 . Winnebago County Groundwater Study . Illinois

Environmental Protection Agency. 58 pp .

Cobb, R.P., etal, 1992

. Pilot Groundwater Protection Needs Assessment for the City ofPekin .

Illinois Environmental Protection Agency . 111 pp .

Cobb, R.P., December 2001 .Using An Internet Geographic Information System (GIS)) to Provide

Public Access to Hydrologic Data, Association of Groundwater Scientists and Engineers, National

Groundwater Association, National Conference Proceedings, Nashville, Tennessee .

Wilson, S., Cobb, R.P., and K. Runkle, January 2002 . Arsenic in Illinois Groundwater. Illinois

State Water Survey, Illinois Environmental Protection Agency, and Illinois Department of Public

Health .http://www.epa.state.il.us/water/groundwater/publications/arsenic/index .html , 7 pp .

Cobb,R.P., Fuller, C., Neibergall, K., and M. Carson, February 2004 . Community Water Supply

Well Shooting/Blasting near the Hillcrest Subdivision Lake County, Illinois Fact Sheet

. Illinois

Environmental Protection Agency . 4 pp

.

Co-author

P.C. Mills, K.J. Halford, R.P. Cobb, and D.J. Yeskis, 2002

. Delineation ofthe Troy Bedrock Valley

and evaluation of ground-water flow by particle tracking, Belvidere, Illinois, U .S . Geological

Survey Water-Resources Investigations Report 02-4062, 46 pp .

H. Groundwater Protection Program Documents

Principal Author

Buscher,W.E., and Cobb, R.P., 1990 . Maximum Setback Zone Workbook

. Illinois Environmental

Protection Agency. 62 pp

.

Cobb, R.P ., 1990 . Illinois Groundwater Protection Program : A Biennial Report . Interagency

Coordinating Committee on Groundwater. 53 pp

.

Cobb, RP., Buscher,W.E., and A. Dulka, 1991

. Illinois Approved Wellhead Protection Program

Submitted to the United States Environmental Protection Agency Pursuant to Section 1428 of the

Safe Drinking Water Act. Illinois Environmental Protection Agency. 44 pp .

Cobb, R.P., 1992 . Illinois Groundwater Protection Program : A Biennial Report . Interagency

Coordinating Committee on Groundwater. 118 pp .

2 1

---

Cobb,R.P., 1994 .

Illinois Groundwater Protection Program : A Biennial Report

.

Interagency

Coordinating Committee on Groundwater. 118 pp .

Cobb,R.P., 1994

.

Briefing Paper and Executive Summary on the Illinois Groundwater Protection

Act and Groundwater Protection Programs with Recommendations from the Illinois

Environmental Protection Agency Regarding the Siting of a Low Level Radioactive Waste Site

.

Presented to the Low Level Radioactive Waste Task Force on December 9, 1994 in Champaign-

Urbana .

Cobb, R.P., 1994 .

Measuring Groundwater Protection Program Success

.

In the proceedings of a

national conference on Protecting Ground Water: Promoting Understanding, Accepting

Responsibility, and Taking Action. Sponsored by the Terrene Institute and the United States

Environmental Protection Agency in Washington D.C ., December 12-13, 1994 .

Cobb,R.P.,Wehrman,H.A., and R.C. Berg, 1994 .

Groundwater Protection Needs Assessment

Guidance Document

.

Illinois Environmental Protection Agency. +94 pp .

Cobb,R.P ., and Dulka,W.A ., 1995

.

Illinois Prevention Efforts : The Illinois Groundwater

Protection Act Provides a Unified Prevention-Oriented Process to Protect Groundwater as a

Natural and Public Resource,

The AQUIFER, Journal of the Groundwater Foundation, Volume 9,

Number 4, March 1995

.

app .

Cobb,R.P.,

1995 .

Integration of Source Water Protection into a Targeted Watershed Program .

In

the proceedings of the GROUND WATER PROTECTION COUNCIL'S Annual Ground Water

Protection Forum in Kansas City Missouri .

Cobb, R.P., 1996

.

A Three Dimensional Watershed Approach : Illinois Source Water Protection

Program .

In the proceedings of the GROUND WATER PROTECTION COUNCIL'S Annual

Ground Water Protection Forum in Minneappolis Minnesota

.

Cobb, R.P ., and W.A. Dulka, 1996

.

Discussion Document on the Development ofa Regulated

Recharge Area for the Pleasant Valley Public Water District .

Illinois Environmental Protection

Agency. pp 28

.

Cobb,R.P ., 1996 .

Illinois Source Water Protection Initiatives-Groundwater Perspective .

In the

proceedings of the American Water Works Association's Annual Conference and Exposition in

Toronto Canada. pp 585- 594

.

Cobb,R.P., 1996 .

Illinois' Groundwater Protection Program: A Biennial Report .

Interagency

Coordinating Committee on Groundwater. 93 pp

.

Cobb,R.P., and Dulka, W.A., 1996

.

Illinois Community Examines Aquifer Protection Measures .

American Water Works Association Journal . plO

.

Cobb,R.P., McMillan,W.D., and K.E. Cook. 1996 .

Drinking and Groundwater Sections oflllinois

Water Quality Report

(Section 305(b) Report.

22

---

Cobb,R.P., 1996 . Illinois' Core Comprehensive State Groundwater Protection Program

Application . Illinois Environmental Protection Agency. 159 pp

.

Cobb, R.P., 1998

. Illinois Source Water Assessment and Protection Program Application . 180 pp .

Cobb, R.P., etal. October 1999, Ground Water Report to Congress, United States Environmental

Protection Agency.

Cobb, R.P., September 2001, Regulated Recharge Area Proposal for the Pleasant Valley Public

Water District, Ground Water Protection Council Annual Forum Proceedings, Reno Nevada, 13

PP .

Cobb, R.P. April 2002, Groundwater Contamination Response Strategy, Interagency Coordinating

Committee on Groundwater, 34 pp

.

Co-Author

Clarke, R .P., Cobb, R.P. and C.L. Sinnott, 1988

. A Primer Regarding Certain Provisions of the

Illinois Groundwater Protection Act

. Illinois Environmental Protection Agency. 48 pp

.

Kanerva, R.A.,Clarke, R.P. and R.P. Cobb 1988 .An Issues /Options Paper for Comprehensive

Water Quality Standards for Groundwater

. Interagency Coordinating Committee on Groundwater .

25 pp .

Kanerva, R.A., Clarke, R.P. and R.P Cobb 1989 . Discussion Document for Comprehensive

Groundwater Quality Standards. Interagency Coordinating Committee on Groundwater. 25 pp .

Dulka,W.A., and R.R. Cobb, 1995

. Grassroots Group Forges Groundwater Protection Law

.

American Water Works Association, Opflow, Vol. 21 No. 3. 2pp .

I. Geology

Principal Author

Cobb,R.P ., 1980 . Petrography of the Houx Limestone in Missouri

. Transactions of the Illinois

Academy of Science Annual Conference, Illinois Wesleyan, Bloomington, IL

.

23

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ATTACHMENT II

RTK Historical Background Chronology

•

During the late summer and early fall of 2000, a number of residents with private wells

in an

eastern Lisle neighborhood south of Ogden Avenue had their wells sampled by a private

environmental contractor

.

By mid-November, more than 35 residential wells had

been

sampled by various parties. Trichloroethylene (TCE) had been detected in at least 20 wells,

and it had been found in excess of the U .S. Environmental Protection Agency (U.S

. EPA)

Drinking Water Standard for public water supplies (5 parts per billion) in six wells .

The

concentrations ranged from just above the detection limit to almost 20 parts per billion

in one

well

•

IEPA obtained the lab results from the various parties sampling the wells, and in

November 2000, mounted a major effort to sample the remaining wells in the affected

neighborhood. IEPA's initial sampling round took place in the week before Christmas

.

IEPA field staff sampled 48 residential wells

•

34 of the homes (over 70% of those tested) had detectable TCE concentrations,

and

nine of these homes had levels exceeding the federal drinking water standard

•

An important characteristic noted in the test results of the well with TCE contamination

was that the samples contained no detectable amounts of the usual chemical

"breakdown products" that very often occur when TCE is found in groundwater .

•

In January 2001, the IEPA referred the matter to the Office of the Illinois

Attorney

General based on a demonstrated threat of TCE contamination in the drinking water of

the sampled residential area in eastern Lisle

.

•

Spring 2001- Illinois EPA began investigating potential

groundwater contamination in

Downers Grove east of 1-355 based on data collected

during the investigation of the

Lisle/Lockformer site. The Illinois Department of Public Health (IDPH) worked with Illinois

EPA to take a small number of samples, and the sample results (May 2001) showed volatile

organic chemical contamination. In June, Illinois EPA initiated

a separate investigation in

Downers Grove to identify contaminated wells and potential sources of groundwater

contamination ;

•

Summer 2001 - Illinois EPA collected samples from more than 550 private wells

over the

course of six sampling events in July, September, October, November and December 2001

and

in January 2002 ;

•

Public Availability Meetings regarding site status (on the Downers Grove site) were held in

October 2001, September 2002, February 2003 and April 2003

;

•

December 12, 2001 -

Illinois EPA staff met with concerned citizens

and Illinois

Representative Patti Bellock

;

•

December 2001 - Illinois EPA formed the Governor's Action Team

on Groundwater

Contamination issues in DuPage County .

The group of local, state and federal officials met

four times from January 2002 through July 2002 to find a way to bring a public drinking water

supply to residents in the area of contamination ;

•

January 29, 2002 - Illinois EPA convened a meeting with the Interagency Coordinating

Committee on Groundwater (ICCG) and the GAC to obtain concurrence for a subcommittee

and to pursue notification legislation to respond to contaminated groundwater situations

in the

24

---

state.

The Contaminant Response Subcommittee met twice in February 2002. In March,

2002 the subcommittee finalized a written strategic plan, which became the basis for the

SB2072 legislation ;

•

February 4, 2002 - Illinois EPA began working with Representative Bellock on House Bill

(HB) 4177 proposing to require private well testing and disclosure prior to property transfer

.

(This bill did not make it out of committee) ;

February 2002 - Illinois EPA and U.S. EPA held an information meeting with citizens about

how to form a Citizens' Advisory Group ;

•

April 12, 2002- ICCG

Groundwater

Contamination

Response Strategic Plan

was submitted

to the Governor's Office by Illinois EPA ;

•

May 2002 - Illinois EPA began drafting Senate Bill 2072 legislation to notify potential

private, semi-private and non-community water supply wells when contaminants are detected

above standards in community water supply wells ;

•

July 11, 2002 - Public Act (PA) 92-652 (SB 2072) was adopted;

•

Summer through winter 2002 -

Illinois EPA began sending notices to the Illinois

Department of Public Health (IDPH) and local county health departments regarding nine

public water supplies about historical or known VOC contamination above standards

.

According to the newly passed legislation (SB 2072), the local health department would issue a

news release for 3 weeks to notify any potential private well owners. Eight public water

supplies (Freeport, Belvidere, Nokomis, New Lenox, South Chicago Heights, Morrison,

Momence and Sandwich) were notified from June 2002 to February 2003

;

•

Fact Sheets - Illinois EPA developed and mailed out five fact sheets about the Downers Grove

site status to a large contact list (approx. 700 households) during 2001 - 2003. Similar fact

sheets were sent out regarding other sites with groundwater contamination

;

•

Well Survey Guidance - May 2003, Illinois EPA developed a

guidance fact sheet

for

remedial programs to make available to potentially responsible parties about how to perform

a well survey to be protective ofprivate wells near a cleanup site. This was the product of an

internal Illinois EPA group that met for approximately a year on how best to handle the issue

(formed in July 2002) ;

•

March of 2004

- Director Cipriano directed staff within the Illinois EPA to establish an

agency-wide Contamination Evaluation Group (CEG) that will evaluate the potential for

contaminated sites to affect off-site private properties and require further steps by Potentially

.

Responsible Parties regarding notification of the public ;

•

May 2004

- Illinois EPA made a policy decision to implement a more stringent notification

procedure than required under PA 92-652 (re : SB 2072). From May to December 2004,

notices were sent to the IDPH and local county health department for 19 areas to issue a press

release for 3 weeks potentially notifying 4,479 private well owners where VOC contaminants

were detected above detection levels;

•

May of 2004 - The Illinois EPA issued a statewide press release to increase the awareness

about new online information developed by Illinois EPA to provide citizens and local

officials with quick access to useful information on the quality of the sources 'of public

drinking water supplies and the quality of finished water coming out the tap

;

•

June 1, 2004- Commend Representative Dunn for adoption of HR 1010 .

This is a

resolution that says that Illinois EPA will adopt procedures to better notify area private

property owners whenever the Agency has confirmed an exceedance of an applicable health

and safety standard ;

25

---

•

June 2004 - The Illinois EPA began the development of amendments to rules under the Site

Remediation Program

strengthening community relations requirements identification of

private water supplies near cleanup sites ;

•

July 27, 2004 - Illinois EPA convened a joint meeting of the ICCG (all State agencies with

groundwater authorities) and the Governor's Groundwater Advisory Council (Interest group

representatives [Business, environmental, agricultural, water well drillers, regional planning,

and local government]) to obtain input on how to proceed with developing and implementing a

response to HR 1010 ;

•

July 2004 - Illinois EPA began brainstorming the elements of legislation that could be

proposed to codify the CEG process ; enhance the Agency's authority to improve our notice

capabilities; and set forth future goals of improving information dissemination and public

notice procedures ;

•

August 2004 - A schedule and progress report provided to Illinois Representative Dunn

;

•

December 9, 2004 - Illinois EPA convened the first Citizens RTK Subcommittee meeting in

DuPage County. ICCG RTK Subcommittee is comprised of citizen representatives from : the

Downers Grove Citizens Advisory Committee (CAG) ; a citizen from the Lisle CAG ; citizen

from Rockford; and a citizen dealing with residential well contamination in . Lake County. In

addition, there are representatives from ; Illinois EPA; local, regional and state health

departments; and the state scientific surveys

;

•

December 2004 - The Illinois EPA CEG Strategy was finalized ;

•

January 5, 2005 - CEG meeting: BOL recommended the Steger area as am outreach

notification area;

•

January 13, 2005 - Illinois EPA convened the second Citizens RTK Subcommittee meeting in

DuPage County

;

•

January - May 2005 - Extensive negotiation sessions with interested parties on RTK

legislation ;

•

May 3, 2005- Joint ICCG/GAC meeting to obtain input on the proposed outreach notification

project recommendations from the RTK Subcommittee ;

•

May 23, 2005 - Senate Bill 0241 was adopted by the House ;

•

July 1, 2005 - Initial outreach notification was sent to 2,300 residents in the Steger South

Chicago area;

•

July 24, 2005- Governor signs into law SB 0241 as P .A. 94-314 ;

•

July 27, 2005 - Public Availability Session/Workshop held in Steger

;

•

August 17, 2005 - GAC meeting held to request leading the stakeholder input process required

on notification methods under the RTK Act

;

•

August 18, 2005 - A follow-up survey to the Steger outreach session was mailedd on to a subset

of about 29 percent of the original total mailing, including all addresses in Steger where there

are two areas of known private wells

;

•

September 12, 2005 - A briefing package on the RTK notification process was sent to the

GAC RTK Notification Process Committee ; and

•

September 27, 2005- A summary was complied from the follow-up survey and was provided

to the GAC Notification Process Committee ;

•

November2005 - The Agency developed an educational web site

(http://www.epa.state.il.us/well-water/) for private well users with links to other helpful

information on a variety of linked web sites. The water well educational outreach effort was

26

---

kicked of in November 2005 with a news release (November 10, 2005) that was coordinated

with various county health departments .

27

---

ATTACHMENT III

28

---

217/785-4787

January 3, 2006

Groundwater Advisory Council (GAC) - Right-to-Know (RTK) Notification Committee

Dear Committee Members,

The first step to prevention is awareness and the RTK notice provisions create awareness of an

otherwise hidden resource .

The purpose of this letter is to communicate completion of the committee's objectives established

on August 17, 2005. I have attached the final resolution prepared by the GAC committee via a

consensus-based process . This resolution provides input to the Illinois Environmental Protection

Agency (Illinois EPA) on the methods of providing notice as required under Section 25d-3 of P .A .

94-314. Moreover, the resolution documents the results of the consultation process required

pursuant to Subsection 25d-3 (c) of P.A. 94-314 .

The Illinois EPA will post this resolution on our web site under the Environmental Facts Online

feature on the homepage .

Thank you for your valued input and contribution to this important environmental program

.

Sincerely,

Bill Compton

Chair

Groundwater Advisory Council

Encls .

29

Sincerely,

Richard P. Cobb, P.G .

Deputy Manager

Division of Public Water Supplies

Bureau of Water

---

Groundwater Advisory Council

December 27, 2005

Resolution Providing Recommendations for Methods by which the

Illinois Environmental Protection Agency gives Notice

Pursuant to 415 ILCS 5 / 25d-3 Notices

WHEREAS, The State of Illinois has enacted Public Act 094-0314 including Title VI-D . RIGHT-

TO- KNOW, whose Sec. 25d - 3 requires the Illinois Environmental Protection Agency (IEPA) to

give notice of actions taken under Sec . 25d- 3(a) to owners of property with soil contamination

and/or for any private, semi-private, or non-community water system, the owners of the properties

served by the system threatened by groundwater contamination, and,

WHEREAS, under Sec . 25d - 3 requires the Illinois Environmental Protection Agency (IEPA) to

give notice of actions taken under Sec . 25d- 3(a) to owners and operators of a community water

system, threatened by groundwater contamination, and,

WHEREAS, under Sec . 25d- 3(b), on request of the Agency, the appropriate officials of the

county in which the property is located must provide to the Agency the names and addresses of all

property to the owners of all property within 2,500 feet or any closer or farther distance the

Agency deems appropriate of subject contaminated soil and/or groundwater that appear on the

authentic tax records of the county to whom the Agency is required to give notice, and,

WHEREAS, the Act provides for two mechanisms for notification, i

.e. IEPA initiated notification,

and IEPA-approved notifications procedures implemented as part of a responsible party

community relations plan in lieu of IEPA notifications, and,

WHEREAS, Sec. 25d- 3 (c) requires that the methods by which the-Agency gives the notices to

property owners served by a private, semi-private, or non-community water system, and for any

owners and operators of a community water system identified under Sec . 25d - 3(a)(A) and Sec .

25d 3(a)(B)

; and notices to property owners identified under-Sec . 25d- 3(b) shall be determined

in consultation with members of the public and appropriate members of the regulated community,

and,

WHEREAS, in response to Sec. 25d- 3 (c) the Groundwater Advisory Council (GAC) resolved to

take the lead in facilitating and providing stakeholder input (in consultation with members of the

public and appropriate members of the regulated community) to the IEPA on methods of

notification, and .

WHEREAS, the GAC established an RTK Notification Committee (Committee) comprised of

GAC members; IEPA representatives ; the Illinois Environmental Regulatory Group (an affiliate of

the Illinois Chamber of Commerce comprised of 57 major Illinois businesses) represented by

Executive Director D.K. Himer; Ann Muniz, RTK Subcommittee (Downers Grove Citizens

Advisory Group); Bernadette Dinschel, RTK Subcommittee (Lisle Citizens Advisory Group) ; and

30

---

Gary Flentge, Director, Environmental Health Division, Illinois Department of Public Health

(IDPH) to provide recommendations to the IEPA on methods of notification,

NOW, THEREFORE, after careful consideration of the provisions of Public Act (PA) 94-314, and

the collective work experience of the IEPA, the IDPH, the GAC members, the Downers Grove and

Lisle Citizens Advisory Groups, and members of the regulated community with community

outreach and notification programs, the Committee offers the following recommendations to the

IEPA :

The methods by which notice

is

given should apply to both IEPA-issued notices and responsible

party-issued notices under an approved community relations plan. The notification methods may

be applied singly or in combination to effectively and efficiently reach the target audience, taking

site-specific considerations into account. The methods include

:

•

Personal notification

•

Public meetings,

•

Signs

•

Electronic notification

•

Print media

•

Actions taken by local responsible governmental bodies and units

•

Activities of Citizen Advisory Groups

•

Communications through responsible party community outreach programs

Additional means identified that pertain to the specific target locations . Regardless of the specific

method or combination of methods used in notification, the notices should contain the following

information:

•

The name and address of the site or facility where the release occurred or is suspected to

have occurred

•

The identification of the contaminant released or suspected to have been released

•

The information -as to whether the contaminant was released into the air, land, or water

•

A brief description of the potential adverse health effects posed by the contaminant

•

A recommendation that water systems with wells impacted or potentially impacted by the

contaminant be appropriately tested

•

The name, business address, and the phone number of persons at the IEPA from whom

additional information about the release can be obtained

.

The methods by which notification is given should be tailored to the stage of implementation of

any site-specific remediation or corrective action activities taken under programs such as

Voluntary Site Remediation, Leaking Underground Storage Tank (LUST), CERCLA or

Superfund, among others

.

The IEPA should involve the responsible party or parties to the extent they can be identified in the

development of the community relations work plan for Agency-initiated notification projects and

to the extent practicable given the impending situation for providing such notice in an expeditious

manner .

31

---

The IEPA approach to community relations work plan development should provide for flexibility

to chose only those methods of notification that are necessary to effectively and efficiently reach

the target audience

The IEPA should use a similar differentiating approach in the approval process for responsible

party community relations plan development

Bill Compton December 27, 2005

32

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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD C

E

R

EOV E D

MAR 1 4 2006

IN

THE MATTER OF :

)

STATE OF ILLINOIS

Pollution Control Board

STANDARDS AND REQUIREMENTS

)

FOR POTABLE WATER WELL

)

R06-023

SURVEYS AND FOR COMMUNITY

)

(Rulemaking - Public Water)

RELATIONS ACTIVITIES PERFORMED

)

IN CONJUNCTION WITH AGENCY )

NOTICES OF THREATS FROM

)

CONTAMINATION UNDER P.A. 94-134

)

NEW PART: 35 ILL. ADM. CODE 1505

)

TESTIMONY OF GARY P. KING ON PROPOSED SUBPART B

My name is Gary King . I am the manager of the Division of Remediation

Management within the Bureau of Land (BOL) at the Illinois Environmental Protection

Agency. In this position I am the senior manager responsible for the Site Remediation

Program (SRP) and Leaking Underground Storage Tank (LUST) Program . I have had

senior manager responsibility for these programs since the time they were established

. In

this proceeding I will testify with regards to the implementation of Subpart B : Standards

and Requirements for Potable Water Supply Well Surveys within the Site Remediation,

LUST and RCRA Closure Programs . Most sites using the well survey requirements will

be in the Site Remediation or LUST Programs . BOL and Bureau of Water permitted

facilities performing response actions pursuant to Board rules also will use the survey

procedures of Subpart B as described here

.

Following the Bureau of Land's discovery in 2001 of areas of groundwater

contamination within DuPage County that had impacted, or threatened to impact,

hundreds of private wells, the Bureau of Land began to revise its administrative

---

prdoiedures for surveying water supply wells to identify the location of potable water

wells in relation to cleanup sites. These procedures implemented more generic language

in existing Board rules and were completed in February 2003 . The Bureau of Land has

used these procedures within the SRP, LUST and RCRA Closure Programs since 2003

.

These procedures were the template for amendments to 35 Ill . Adm. Code 732 .300,

732.307, 732.404, and for Section 734.445 of the LUST rules adopted by the Board

effective February 2006 . Although many provisions of Parts 732 and 734 were

vigorously debated in Board rulemaking proceedings, the new well survey procedures

were accepted without comment or dispute

.

Subpart B in this proceeding also follows the template of the 2003 BOL

procedures. The enhanced procedures that BOL began administering in 2003 within the

SRP, LUST and RCRA Closure Programs have been well accepted by persons cleaning

up sites under these programs . I do not expect Subpart B to cause any significant burden

for persons participating in these programs

.

Subpart B consists of a short "purpose and scope" section, an applicability

section, and a more extensive section containing the minimum procedures for performing

and documenting well surveys as part of "response actions." Several changes have been

proposed to this Subpart since the Agency submitted its original proposal to the Pollution

Control Board (Board) on January 20, 2006 . They are found in the Agency's Errata

Sheet Number 1 . Although some of the changes appear extensive, they are for

clarification and do not change the intent of the original proposal

.

Section 1505 .200 sets forth the purpose and scope of the Subpart . It is to

establish minimum standards and requirements for the performance of potable water well

2

---

surveys and for the reporting of the results of the surveys to the Agency

.

There are no

all-inclusive databases containing all potable water wells in the state

. However, by

specifying the minimum contacts for performing the survey and authorizing the Agency

to require further investigation when questions arise, consistently good results should be

achieved. The documentation requirements are intended to provide the Agency project

managers with information developed in the survey that is easily reviewed and

interpreted .

Section 1505 .205 is the applicability provision . Subsection (a) provides that

initial applicability is based on whether or not a person is performing a response action

pursuant to Board rules that govern how releases of contaminants are to be addressed

.

Subpart B is linked to Board rules because Section 25d-7(a) of the Environmental

Protection Act (Act) (415 ILCS 5/25d-7(a)) links the well survey regulatory development

authority to Board rules governing responses to releases of contaminants that have

impacted or may impact potable water supply wells . Subpart B is linked to "persons

performing response actions" because Board rules requiring response actions (or site-

specific Agency interpretations of such Board rules) generally will require a well survey

as part of a site investigation for characterizing the nature and extent of contamination

from a release. If the applicable rules require the performance of well surveys, then

Subpart B requires compliance with the Subpart B minimum standards and requirements

for those surveys .

To help clarify this applicability, the Agency has defined "response action" and is

proposing in Errata Sheet Number 1 an additional definition of the phrase "person

performing a response action." The principle outlined here is that the person responsible

---

for the cleanup under the applicable Board rule is subject to the well survey procedures if

the applicable Board rule requires a site investigation, whether or not that person is

legally liable for the contamination . For example, a Site Remediation Program (SRP)

Remediation Applicant may be a developer who has contracted to acquire a property that

previously was contaminated. While the developer may not be legally bound to clean up

the contamination, the developer's entry of the site into the SRP makes the developer the

person taking responsibility for addressing the release subject to the SRP rules at 35 Ill

.

Adm .

-Code 740. The developer thus has the responsibility to see that consultants and

others hired to perform the response actions use the Subpart B procedures when

performing well surveys pursuant to the SRP rules

.

It is important to emphasize that Subpart B does not contain independent

requirements to perform well surveys . The requirement to perform a well survey must be

based on the applicable Board rules requiring the response action. In addition, the

submission and review of well survey documentation and appeals of the Agency's final

determinations concerning well survey procedures and the reporting of results are subject

to the Board rules governing the response action

.

Subsection 1505.205(a)(2) addresses an issue of particular importance to the SRP,

the superseding of less stringent provisions. The Agency considers the procedures in

Sections 732.300, 732 .307, 732.404, and 734.445 of the LUST rules as equivalent to the

procedures proposed in Subpart B. Therefore, the LUST rules will supersede the Subpart

B requirements. The impact of this provision for the SRP will be discussed as part of the

discussion of Section 1505 .210 below .

4

---

Subsection 1505 .205(b) addresses a problem that frequently arises when

proposing new rules or amendments to existing rules -- how to treat persons already

engaged as of the effective date of the proposal in the activities to be regulated by the

proposal. The answer might be different for each regulatory structure affected by the

proposal. Because this Subpart spans regulatory boundaries, the Agency proposes to

phase in the well survey rules on a case-by-case basis . Brief criteria have been provided

for making this judgment. Under subsection 1505 .205(b), the Agency will determine

whether a well survey has been performed as part of an ongoing response action and

approved by the Agency as of the effective date of the Part . If the final determination has

been made, then no additional actions will be required under the new rules . If the well

survey has not been performed as of the effective date, then a survey that conforms to the

proposed standards will be required. If the well survey has been performed but no

Agency final determination has been made as to its adequacy, then the Agency may

approve the well survey if it satisfies the new standards or require additional survey

actions if it does not. In practice, the Agency anticipates that most sites that have

performed a well survey as of the effective date of this Part will have satisfied the

proposed new standards and requirements .

Subsection 1505.205(c) simply preserves the opportunity to use these procedures

in other contexts, as appropriate .

Section 1505.210 sets forth the minimum requirements that must be satisfied

when performing and documenting the results of the well survey . Section 1505.210(a)

requires identification of wells, setback zones and regulated recharge areas in each of the

four categories of potable water supply wells in Illinois :, private, semi-private, non-

---

community, and community water system wells . For the first three categories, the survey

distance specified is 200 feet. For the fourth category, community water systems, the

distance is 2500 feet. These distances are based on setback zones for the various types of

wells, although whether or not any portion of the property is within a regulated recharge

area also must be factored in. For sites in the SRP governed by Part 740, the survey

distances will be somewhat different because of the "less stringent" provision of Section

1505.205(a)(2). Currently under Part 740,

(see

35 Ill. Adm. Code 740.2 1 0(a)(7),

740.425(b)(2)(D) and 740.435(b)(2)(C)), any potable water supply wells within at least

1000 feet must be identified. This is more stringent than the requirements of Subpart B

.

Therefore, under Section 1505.210(a) the distance for CWS wells would extend to 2500

feet, while the other three categories would remain at 1000 feet . Conversely, Part 740

does not specify the minimum required contacts for well surveys, so Subpart B would

control who must be contacted when performing a well survey under Part 740

.

Subpart B

documentation requirements also are more stringent than Part 740

.

Section-1505:210(a) also specifies that the survey distances must be measured

from the property where the release occurred . The property where the release occurred is

the starting place for the well survey because it is likely that some level of contamination

is present there, and it may pose a threat to an offsite well .

Thus, as a first step of the

well survey, it is important to know if contamination at the property where the release

occurred is already within the setback zone or regulated recharge area of an offsite

potable water supply well. The concept of using setback zones and regulated recharge

areas asbuffer zones around wells is borrowed from the TACO rules, among others,

where it is well established

.

See

35 III. Adm. Code 742.320(c), (e) ; 742.805(a)(4), (a)(6)

.

6

---

Section 1505 .210(b) specifies the sources of well information that must be

consulted when performing a well survey. These are standard sources readily available in

Illinois. They generally can be consulted using the Internet, telephone or letters although

documentation requirements must be kept in mind .

Section 1505 .210(c) requires that a well survey must be expanded in area if the

site investigation shows that measured or modeled groundwater contamination extends or

will extend beyond the boundary of the site where the release occurred in concentrations

exceeding the applicable remediation objectives of the groundwater ingestion route as

provided in the TACO rules (35 Ill. Adm. Code 742.Appendix B : Table E) or the

applicable groundwater quality standard (35 Ill . Adm. Code 620) . In that case, wells

must be identified at setback zone or regulated recharge area distances from the measured

or modeled plume. For example, a CWS well may have a setback zone of 2500 feet

.

Thus, all CWS wells within 2500 feet of the measured or modeled offsite contamination

plume must be identified to determine whether contamination has encroached or may

encroach on the-CWS well or its setback zone .

After filing its original proposal, the Agency continued to engage in outreach with

interested parties relative to the language of the proposal. The Agency received informal

comments from members of the Site Remediation Advisory Committee raising concerns

as to whether specific provisions in Section 1505 .210(c) were consistent with the TACO

rules. The Agency intended for Section 1505 .210(c) to be consistent with the TACO

rules, but upon further review we concluded that revisions were appropriate to clarify that

intention. Therefore, in Errata Sheet Number 1 the Agency has proposed simplified

language in subsection 1505.210(c) that expresses the well survey distance requirements

.

7

---

in terms of measured and modeled groundwater contamination only . The soil component

of the groundwater ingestion exposure route is already factored into the modeling . The

models will account for the effects of the soil contamination as it migrates to groundwater

and any subsequent effects on potable water supply wells . In addition, changes proposed

in the Errata Sheet for subsection (c) generally reference TACO requirements or other

approved models or methodologies rather than providing multiple references to TACO

and Part 620 remediation objectives, groundwater quality standards, and modeling

equations . This more general framework should be easier to follow, and the details will

be worked out administratively on a site-specific basis as the rules are applied. Thi

change is carried through to the documentation requirements at Section 1505 .210(e)(2)

.

Subsection 1505.210(d) provides the Agency with discretionary authority to

require additional investigation beyond the initial contacts specified in subsection

1505.210(b). This additional authority could be used to require a physical well survey

involving some form of first-hand inspection or direct contact with the public in the area

of the release. The authority generally would be used to resolve any uncertainties or

discrepancies arising from the initial contacts and sources . For example, if a contact with

a local public water supply under Section 1505 .210(b)(3) does not show water service at

certain properties and the sources of well information show no wells at those properties,

the person performing the survey might be required to visit those properties to determine

the source of their water supplies

.

Subsection 1505.210(e) sets standards for documenting the information obtained

by the well survey. The purpose is to receive complete, well-organized information

about the conduct and results of the well survey in a form that shows compliance with

8

---

remediation requirements or a reason for concern about possible well contamination.

Generally, preparing maps showing the locations of all identified potable water wells,

setback zones, and regulated recharge areas in relation to measured and modeled areas of

contamination and their concentrations will satisfy this provision . It may be necessary to

prepare more than one map to differing scales to show these relationships clearly and in

context .

This concludes my testimony

.

THIS FILING SUBMITTED ON RECYCLED PAPER

---

BEFORE THE ILLINOIS POLLUTION CONTROL BOARI

'CEC

I

E D

IN THE MATTER OF :

)

MAR 1 4 2006

STATE OF ILLINOIS

STANDARDS AND REQUIREMENTS

)

Pollution Control

Board

FOR POTABLE WATER WELL

)

R06-023

SURVEYS AND FOR COMMUNITY

)

(Rulemaking - Public Water)

RELATIONS ACTIVITIES PERFORMED

)

IN CONJUNCTION WITH AGENCY

)

NOTICES OF THREATS FROM

)

CONTAMINATION UNDER P.A. 94-134

)

NEW PART 35 ILL. ADM. CODE 1505 )

TESTIMONY OF KURT D. NEIBERGALL ON PROPOSED SUBPART C

My name is Kurt D. Neibergall, and I am the Manager of the Office of

Community Relations (OCR), reporting to the Associate Director within the Illinois

Environmental Protection Agency (Illinois EPA) . I received a Bachelor of Science

degree in agricultural engineering from the University of Illinois in 1980 and have

worked for state government for the past 25 years in various capacities in the

environmental field .

For the last five years, I have managed a staff of ten coordinators in the Illinois

EPA's Office of Community Relations . This group works across all Agency programs

and is involved in the conduct of the majority of Agency public participation activities,

facilitating communication's among involved Agency staff, other government

organizations, public officials, and the interested public on site-specific and, often,

program outreach matters. The Office of Community Relations fosters critical "two-

way" communications with the public to provide those interested with the information

they need to make informed decisions about a given environmental matter that potentially

impacts them, their families or their communities . (See Attachment 1 : Office of

---

Community Relations Guidance, September 2005) My testimony will focus on the

pi rlpoSgNscope and reasoning behind the proposed Subpart C : Standards and

Requirements for Community Relations Activities of the proposed 35 111 . Adm. Code

1505 rules .

Section 1505.300 Purpose and Scope :

Subpart C contains the minimum standards and requirements for community

relations activities to be developed and implemented when a responsible party is offered

the opportunity and voluntarily agrees to take on the Agency's notice obligations as part

of Agency-approved community relations activities .

Title VI-D of the Environmental Protection Act (Act) places the responsibility to

give notice of off-site contamination threats on the Agency. Section 25d-3(c) of the Act

allows the Agency to offer the responsible party the opportunity to assume the Agency's

notice obligations under appropriate circumstances : "for sites at which the responsible

party has implemented a community relations plan, the Agency may allow the

responsible party to provide Agency-approved notices in lieu of the notices required to be

given by the Agency ."

Critical communications with individuals and communities about off-site

contamination impacts or potential impacts must be done in a timely, complete and

accurate manner. The exchange of information to allow a family to make informed

decisions about protection of their health and/or property is not usually accomplished

through "notice" in one piece of written correspondence. Office of Community Relations

staff spend untold hours in phone conversations, attending "living room" or public

meetings, and in researching and providing information to follow-up questions raised by

2

I

---

citizens, groups and local officials about a given situation with potential off-site impacts

.

There are numerous methods to gather and convey information to the public about such a

situation

.

The basic approach, and minimum requirements laid out in Subpart C for sites

affecting five or more off-site properties, involves first assessing the needs of the

community through development of a Community Relations Plan (CRP). (See

Attachment 2: Community Relations in the Site Remediation Program Guidance, June

1996) Once you have a "pulse" on who is potentially affected or interested in the

situation and what concerns and questions they have, you are in a position to develop and

distribute a fact sheet covering what is known at the time about that situation. Providing

written answers to key questions in non-technical, lay terms helps to ensure that everyone

gets the same information and also documents the facts, which can be supplemented in

future communications as new information becomes available . Finally, establishing and

maintaining a document repository, provides a citizen seeking more information about a

situation a single source to look to for supplemental materials or contact information as

the situation develops over time . The Office of Community Relations, working with

technical, legal and toxicological staff, has employed this basic approach -- assessment of

community needs and issues (CRP), development of

a

fact sheet (or series of fact sheets,

as needed), and establishment of a document repository to provide site-specific

information to communities throughout the state -- over the past 25 years

.

The Agency strongly believes the public has a "Right-to-Know" about

environmental contamination that affects or may affect citizens' lives and/or their

livelihood. If the responsible party accepts the Agency's offer in good faith to undertake

3

---

the notice work, then compliance with the requirements of Subpart C becomes

mandatory. At this point, the responsible party has assumed the Agency's obligation to

provide complete, accurate and timely notice to the public and any necessary follow-up,

with the stipulation that it must be done with Agency oversight of the community

relations process .

Section I505.300(b)(1) states that the rule is not to be considered a limitation on

other community relations activities occurring outside the Section 25d-3 notification

process. Parties still are free to go beyond the minimum requirements set forth in Subpart

C or to conduct independent community relations activities in circumstances unrelated to

the Section 25d-3 notification requirements . Section 1505 .300(b)(2) clarifies that the

Agency reserves the right to provide independent notice under any other applicable

authority, most likely in the case that the responsible party's notification was not

satisfactory or timely, or that it was necessary to convey new information or other details

regarding a given situation to the public .

Section 1505.305 Applicability :

Title VI-D places the responsibility with the Agency to evaluate off-site releases

of contaminants and determine if notice of a threat is warranted. The Agency has

established an internal Contaminant Evaluation Group (CEG) to review sites screened by

technical staff and make notification recommendations. Section 1505.305 lays out the

process by which the Agency may offer a responsible party the opportunity to voluntarily

perform notification work under Agency oversight in place of the Agency's notice

obligations under Section 25d-3 of the Act

.

4

---

In drafting this provision, it was recognized that the terms and conditions of the

transfer of responsibility for this critical task must be laid out in written documentation so

that expectations and timelines are clearly established and agreed to

.

The responsible

party has a minimum of seven days to decide if it wishes to provide the notice as part of

community relations activities developed, approved and implemented pursuant to Subpart

C. It must be emphasized that once the responsible party notifies the Agency in writing

that it wishes to proceed, compliance with the requirements of Subpart C become

mandatory. The level of involvement of Agency staff in the development and issuance of

a notification package and community relations activities prescribed further in Subpart C

is intended to ensure that the public receives at least the same amount and quality of

information that would be contained in an Agency issued notification package

.

Section 1505.305(c) recognizes that the proposed Subpart C standards and

requirements may have applicability to communications with the public apart from Right-

to-Know notification work, and the use of all or some of these standards and

requirements in appropriate circumstances is not prohibited by these rules if other

supporting authority exists .

Section 1505.310 Contact Lists and Fact Sheets :

Section 1505.3 10 provides a limited community relations requirement for releases

with soil or groundwater contamination that have impacted or may impact five or, fewer

off-site private, semi-private, or non-community water well systems

. The more limited

requirements also apply where off-site soil contamination exceeds Tier 1 concentrations

suitable for the current uses at five or fewer properties . In these cases, the persons

5

---

performing the community relations activities must develop a fact sheet and distribute it

to a specified group (contact list) of affected, potentially affected or interested persons

.

In development of Title VI-D of the Act, it was recognized that the method(s) of

notification and the "message" delivered to the affected, potentially affected or interested

public are key for people's understanding of the environmental conditions and

consequences of a given situation . The Agency was directed by Section 25d-3(c) of the

Act to consult with members of the public and appropriate members of the regulated

community to evaluate and determine notice methods, including but not limited to

personal notification, public meetings, signs, electronic notification and print media

.

Because of the primary focus on groundwater threats to private wells, the Agency asked

the Groundwater Advisory Council (GAC) in late summer 2005, to form a subcommittee

to work on this task . The GAC notice committee provided recommendations for notice

methods to the Agency in the form of a resolution dated December 27, 2005 . (See

Testimony of Richard P. Cobb, Attachment Three)

The GAC notice committee recommendations reaffirmed the inclusion of the

elements of a notice as laid out in Section 25d-3(c) of the Act, adding, "the methods by

which notification is given should be tailored to the stage of any site-specific remediatiori

or corrective action activities taken under [Agency] programs

. . ." and also, "the IEPA

approach to community relations work plan development should provide for flexibility to

chose only those methods of notification that are necessary to effectively and efficiently

reach the target audience ."

In crafting an effective and efficient "notice" that people can understand (and

refer back to), the Agency has traditionally relied on a written fact sheet format . While a

6

---

notice package may also include a cover letter outlining environmental conditions and

actions that should be considered by a citizen, the fact sheet provides the foundation for

explaining that situation given the "credible, scientific information" known at the time .

The Agency often uses a question and answer format to directly and efficiently respond

to the key questions that have been raised by the impacted community . The fact sheet

format also lends itself to following the evolving story of a situation as new data are

collected or response actions are implemented, and fact sheet updates are developed to

address relevant questions by the public. The Agency therefore views the use of a fact

sheet, with accompanying maps, as an essential . tool in explaining groundwater or soil

contamination problems to the public and is proposing their use in important notification

communications done under the Act

.

With the fact sheet being the recommended tool for personal notification, it is

recognized that other notification methods may be needed to respond to larger, more

complex groundwater (or soil) contamination situations with wider off-site impacts or

potential impacts. In these instances a Community Relations Plan .(CRP) will need to be

developed to identify the interested public and outline other methods to be employed

(such as public meetings or citizen advisory groups) for on-going communications about

site conditions and response activities. The Agency

is

sensitive to resource commitments

in the notification process and therefore is proposing two levels of community relations

activities, reflecting our view that not every off-site impact justifies a full Community

Relations Plan effort. The CRP requirements are set forth in Section 1505 .315 .

For the reduced level of community relations activities in Section 1505.310, the

selection of five or fewer affected or potentially affected properties is admittedly

7

---

somewhat arbitrary, but it reflects the notion that if a site has limited impacts or potential

impacts off of that site, fewer people in the surrounding community at-large may be

concerned or interested in that site. In other words, full notification would be given to

those owning or residing on impacted or potentially impacted properties, as well as local

officials; however, the need to engage in an on-going, community-wide communications

program would not be necessary . An example of the use of this line of reasoning would

be the leaking underground petroleum tank scenario, which typically involves a limited

source of contamination and produces localized environmental impacts. Even. so, there

may be some underground storage tank sites that require a full CRP pursuant to Section

1505.315 .

Section 1505 .310(b) outlines the minimum requirements, in the Agency's

opinion, for a contact list and fact sheet to provide notice in situations with limited off-

site impacts or potential impacts . It is the Agency's view, with respect to those

"contacted" pursuant to notification in these situations, that other people or families have

a "Right-to-Know" about potential threats to public health beyond what was specified in

Section 25d-3 of the Act. While these may go beyond the express requirements of

Section 25d-3 of the Act requiring the Agency to notify property owners, they are

consistent with the "community relations" concept as set forth in Section 25d-7 of the

Act, which is inherently more broad than simple notice . Occupants of affected properties

are one group of people that will benefit from such notice

.

The "spirit" of the Right-to-Know legislation is to put good information in the

hands of those people who need it in a timely manner so that they can make informed

decisions about their family's health and well being. The Agency sees the need to make

8

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a reasonable effort to identify and directly notify those living on impacted/potentially-

impacted property to ensure they receive the notification message without delay or

possible alteration of the message by a property owner . Little extra effort is required to

-

find contact information for occupants in order to directly mail a notification package to'

them. If the occupant name cannot be found, the address is known and notification can

be mailed to "Resident." The alternative, to make sure occupants receive critical

communications, would be to place the burden on the property owner and then audit

compliance with passing on a notice to any occupants . This alternative was viewed as

overly burdensome and resource intensive by the Agency

.

The Agency proposes a change in Errata Sheet Number 1 regarding the

notification of occupants of affected properties . Sections 1505.310(b)(1)(A) and (B)

originally proposed that occupants of properties (if different from the owner of the

property) should also be notified in a situation where a water well or yard they are using

is impacted or may be impacted by groundwater or soil contamination, respectively

. This

requirement was absolute . The revision in Errata Sheet Number 1 at Section

1505.310(b)(1)(C) introduces some flexibility into this notice requirement so that the

Agency can work with the responsible party on the best way to identify and notify

occupants, who, in some circumstances, may be more difficult to identify and more

transient than owners

.

The Agency also believes it is appropriate to expand the statutory notice

requirement to include owners of properties without water wells but with impacted or

potentially impacted groundwater resources as part of the contact list group (Section

1505.310(b)(1)(D)), in the event they are contemplating putting in a water well on that

9

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property. While it is a given there is no potential health hazard if, at the time, they are

not using the groundwater, the Agency believes they should be fully informed about the

groundwater situation before they or someone else makes improvements to the property

when the use of that groundwater might be precluded .

Finally, in developing a comprehensive list of contacts for situations with limited

off-site impacts or potential impacts, it is the Agency's opinion that officials of units of

government that serve the site area should be included in a notice so that they are

knowledgeable about the existing situation, can answer (and ask) questions from the

community as they arise, and are in a position to discuss and contribute to response

actions as they proceed. Again, the Agency believes that these expansions of the

Agency's statutory notice requirement are consistent with the concept of "community

relations" activities

.

Section 1505 .310(b)(2) outlines the elements of a fact sheet necessary, in the

Agency's opinion, to give the reader a complete "snapshot" of the environmental release

and planned/actual response action. It is acknowledged that all of the outlined elements

may not be known at the time of the development of a given fact sheet . Sections

1505.3 10(c) and (d) make allowances for these situations and require fact sheet updates

as necessary and appropriate . The fact sheet provides communication with the public in a

written format to raise awareness and understanding about the situation and how it will be

addressed. It should be written in non-technical and non-legal terms as much as possible,

and translations in an appropriate language should be made available if a significant

portion of the target audience is non-English speaking .

10

---

The fact sheet, therefore, serves as an essential piece of the notification package

under the Title VI-D provisions . It is a stand-alone document that is not as easily

misinterpreted as with verbal communications, and it can be placed in a document

repository for reference. As updated, fact sheets provide one way "of maintaining

dialogue with the community" as envisioned in this Section 25d-7 rulemaking effort

.

Section 25d-3(c) of the Act defines six (6) specific elements that may be

contained in a "notice" determined to be necessary under the statute

. The Agency's

recommended approach to notice under the Act, if personal notification is deemed

necessary, is to issue a cover letter addressed to a specific person, which includes and

draws attention to the informational elements outlined in Section 25d-3(c) along with the

detailed fact sheet covering elements in Section 1505.310(b)(2) of the proposed rules (or

Section 1505.315(b)(2) as appropriate) and any other informational attachments that the

party performing the notice work thinks are necessary for this critical communication.

This model was followed in the summer of 2005 when the Agency performed a

pilot notification project for low-level groundwater contamination observed in the

Chicago Heights/South Chicago Heights/Steger area. (See Attachment 3: South Chicago

Area; Outreach Initiative Regarding Testing of Private Wells) . The cover letter was

personally directed to residents and contained the essential elements of the "notice ;" what

the recipient should know about the situation . The fact sheet and the rest of the mailing

provided additional detail should the recipient have more questions about the

environmental conditions and/or want to proceed with sampling of their private well

.

In

this way, the varying needs of recipients were accommodated and follow-up phone

conversations to address a range and depth of questions were minimized

. The Agency

11

---

followed-up the notification effort with a written survey . The responses from this survey

indicated that the notification package was well received, understandable, and

accomplished the intended purpose

.

The concept of a personalized notice in letterform, accompanied by a more

detailed fact sheet about site conditions and actions, grew out of Agency workgroup

discussions, which involved several property owners whose private wells had recently

been affected by groundwater contamination from actual sites . These affected families

and their neighbors wanted to know and understand as much as they could about the

environmental situation they were facing. It is the Agency's position, consistent with the

Right-to-Know legislation, to make available to citizens in a timely manner all credible,

scientific information in the Agency's possession. While much of the information in a

one-time letter notice under the Act may also be contained in the fact sheet, the package

of the two (with other attachments as deemed necessary) is intended to give the recipient

a complete understanding of current conditions and recommendations

.

Section 25d-3(c) of the Act lays out basic information that "may" be contained in

a notice to the public about off-site contamination threats . Elements include: the name

and address of the facility/site where the release is known or suspected to have occurred,

the contaminants of concern and the media affected, a brief summary of potential adverse

health effects, well testing recommendations, and Agency contact information . Section

1505.310(b)(2) of the proposed rules lists elements for a fact sheet that address notice

provisions under the Act but go further to cover details about response actions, to the

extent information is available at the time the fact sheet is developed . In other words, it

gives the recipient an understanding of the nature and extent of the environmental

12

---

problem, potential adverse health impacts and precautionary measures, and what is going

to be done to correct the situation. The fact sheet requirements also include contact

information for the responsible party who would be preparing this material under Agency

oversight. One could view the requirements for a fact sheet under the proposed rules as

going beyond the elements of a notice specified in the Act . However, this approach again

is consistent with the concept of "community relations" as envisioned in Section 25d-7 of

the Act, and it is important in communications with the public to convey the "bigger

picture" and include next steps, if known, to instill confidence that the situation is being

handled properly and in a timely manner

.

Sections 1505 .310(c) and (d) provide for fact sheet updates, which are an efficient

method to "maintain dialogue with the community" as envisioned in these rulemaking

requirements of the Act. While smaller, less complex sites that are quickly remediated

may be covered adequately by one fact sheet, others with more complex groundwater

contamination problems often require a series of fact sheets as investigations are done

and groundwater response actions are implemented. Fact sheet updates are appropriate

when site conditions significantly change and new and/or additional information needs to

be conveyed to the public. The decision to do a fact sheet update is based on site-specific

circumstances and is left to the responsible party and the Agency community relations

coordinator to work out

.

Section 1505.315 Community Relations Plans

Section 1505.315 provides for a more comprehensive level of community

relations activities when sites are determined to have a broader impact/potential impact

on the surrounding community. A community relations plan (CRP) and fact sheet must

13

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be developed for releases that have impacted or may impact more than five off-site

private, semi-private, or non-community water system wells or one or more community

water supply wells. This provision also covers situations where off-site soil

contamination exceeds Tier I contaminant concentrations suitable for current use at more

than five properties . The CRP is, in essence, a planning document that lays out a public

outreach program to identify and inform affected, potentially affected and interested

individuals and groups about site-related contamination and response actions . It goes

beyond the basic fact sheet requirements of Section 1505 .310 and typically would include

periodic public meetings or availability sessions to give people the opportunity to discuss

their questions and concerns with the responsible party conducting the work and staff

from federal, state and local governments, as applicable, who are involved in response

actions

.

General requirements for CRPs (including a comprehensive contact list) and fact

sheets are outlined in Section 1505 .315(b). The development of the CRP involves :

compiling a summary of site conditions, investigations and response actions ; researching

community issues and concerns about the site release(s); designing an outreach program

to address those issues andtconcems and open a two-way dialogue with the community

;

and developing a process to identify affected, potentially affected and interested parties

and update that contact list accordingly

.

It is recognized that many responsible parties have community relations plans in

place for operating facilities or sites with on-going activities . As revised in Errata Sheet

Number 1, the intent of Section 1505 .315(b) is not to be prescriptive but rather to outline

key CRP elements that need to be contained in a "stand-alone" plan, focusing on

14

---

activities to address the off-site release(s) or potential release(s) of contamination that are

of concern to the public . For some responsible parties, this may involve re-formulations

of an existing plan to meet the needs of the given situation ; for others it may involve

starting from scratch. In the latter case, Section 1505.Appendix A has been added in

Errata Sheet Number 1. It contains additional guidance on each element of a model CRP,

factors that were included in the Agency's January 20`h proposal under the elements for

CRP's in Section 1505 .315(b)(1). Removing these factors from Section 1505.315(b)(1)

and placing them in the Appendix gives the Agency and the responsible party more

flexibility to develop CRPs based on site-specific factors . U.S. EPA's Superfund

Community Involvement Handbook (2002) and the Public Involvement Policy of the

U.S. EPA (2003) also can be consulted as references for further guidance on CRPs and

outreach activities for more complex sites

.

The CRP, as the guiding communications document for outreach activities, should

be reviewed regularly and updated as necessary. The most current version of the CRP

will be made available to the public by including it in the document repository detailed in

Section 1505.320 of these proposed rules . Much of the information gathered in the CRP

development process provides the content for the fact sheet outlined in Section

1505.315(b)(2). The requirements outlined for the contact list [1505 .315(b)(1)(D)] and

fact sheet [1505.315(b)(2)] for CRP type situations are the same outlined in Section

1505.310 with the following notable exceptions .

Section 1505.315(b)(1)(D)(vii) of the revised proposal requires that a reasonable

effort be made to include interested citizens, identified groups, organizations or

businesses within a minimum of 1,000 feet from the site where the release occurred on

15

---

the contact list . This radius of outreach can be adjusted based on site-specific data as

response actions proceed. A distance, or boundary, has been set to address concerns

about over-notification of interested parties beyond those affected or potentially affected

by an off-site contamination threat. The intent of this provision is to include the

neighborhood around a site and others who express an interest in communications. While

people near the release might not be directly affected or threatened, they do have

questions about the situation and deserve to get accurate, timely information to allay their

concerns and fears. Often by including interested individuals and groups in the vicinity

of the area of concern in outreach activities, problems with miscommunication, rumors

and panic can be avoided .

Section 1505 .315(b)(2) outlines the minimum requirements for a fact sheet under

a CRP caliber situation. The differences from the fact sheet required under Section

1505.310 lie in subsections (G) and (H)

.

Subsection (G) calls for inclusion of responses

to key community concerns as expressed by affected, potentially affected and interested

parties in the CRP. The Agency often addresses this element through the use of a

question and answer format . An example of use of this technique is included in the series

of fact sheets on the Downers Grove Groundwater Investigation . (See Attachment 4

:

Fact Sheet No . 3: Downers Grove Groundwater Investigation (December 2001)) The key

community questions or concerns at the time of fact sheet development are derived from

research efforts performed for the CRP, which may have included discussions, interviews

or surveys with local officials and citizens near the site . As investigations and response

actions proceed at the site, on-going community relations outreach will identify

16

---

additional key questions and concerns to be addressed in fact sheet updates as covered in

1505.315(d) .

Subsection 1505.315(b)(2)(H) calls for the worldwide web address of the

document repository and logistical information about the physical location of the

document repository, if required, to be put in the fact sheet . This notation will allow the

fact sheet recipient to access the evolving collection of site documents, maps and

previous fact sheets, if any, to further their knowledge and understanding of site

conditions, potential health impacts and response actions

.

Section 1505.320 Establishment of Document Repository

Section 1505 .320 provides for establishment of a document repository for off-site

releases requiring a community relations plan effort under Section 1505 .315. The

document repository chronicles and catalogs site-related communications and planned

activities. It includes the current approved CRP, issued fact sheets and updates, plus

news releases, public notices, final work plans, reports, maps or correspondence to help

the public understand site conditions and the extent and sequence of response actions

undertaken .

The document repository shall be established at a World Wide Web site . As

revised in Errata Sheet Number 1, a physical repository must also be established if a

request for such is made to the responsible party or the Agency by multiple citizens, an

organized group, or a public official . If a physical repository is warranted, it should be

set up at a public location near the site for convenient access by citizens wishing to

review the materials. If there is little public interest in establishing a physical repository,

the responsible party can satisfy an individual's request for site information by providing

17

---

a complete set of the documents to the party making the request. The web repository and

the physical repository, if required, must be maintained and regularly updated as final

work products are generated throughout the process . It is also important that information

to be added to the repository is properly screened to ensure that personal information

identifying citizen/resident names or their exact property locations are not disclosed

.

Repositories may be discontinued after 180 days from the date of the Agency's issuance

of documentation signifying the completion of the response action

.

Section 1505 .325 Submissions of Fact Sheets and Community Relations Plans for

Review

Section 1505 .325 requires the submission of fact sheets and community relations

plans to the Agency for review and approval prior to distribution of a fact sheet or

implementation of the CRP . The responsible party must submit the initial fact sheet,

CRP, or both to the Agency within 30 days of accepting the Agency's offer to provide

notice. Updates to such documents must be provided to the Agency within ten days of

their preparation. If the CRP is required, the web site document repository also must be

established within 30 days of acceptance of the Agency's offer . These time periods are

aggressive, but community relations activities under a notice situation must be timely to

be effective

.

Section 1505.330 Agency Reviews of Fact Sheets and Community Relations Plans

Once fact sheets and CRPs are submitted to the Agency, it will conduct a review

under Section 1505.330. The Agency will have 30 days from the date of receipt to

complete the review and notify the submitter whether the fact sheet or CRP has been

approved, approved with conditions or modifications, or disapproved . Standards for

reviews are provided at subsection (b)

.

If the fact sheet or CRP is disapproved or

18

---

approved with conditions or modifications, a revised fact sheet or CRP must be

resubmitted to the Agency within ten days of receiving the Agency's determination

. If

the revised documents are not re-submitted within ten days, subsection (d) states the

Agency may provide public notice and seek cost recovery pursuant to Title VI-D, pursue

an enforcement action, or both . If the Agency seeks cost recovery or pursues

enforcement, the person performing the response actions may assert as a defense that the

Agency's decision on the document(s) was erroneous and that the documents should have

been approved as submitted .

The Agency has proposed this approach to appeals because allowing direct

appeals of community relations determinations may delay indefinitely the development

and implementation of community relations activities

. As proposed, the responsible

party is not significantly disadvantaged by a potentially adverse Agency determination

unless the Agency decides to seek cost recovery for providing notice or to pursue an

enforcement action. If the Agency does neither, any purported adverse impact to the

responsible party must be balanced against the loss of the opportunity to provide timely

information to the public .

If the Agency does pursue one or both of its options, the person then may

challenge the Agency's original determination on the documents

. This approach thus

reduces delays while preserving due process . Effective community relations activities

must precede or parallel the response actions and not lag behind them

. If community

relations activities are delayed while the response actions move forward, the purpose of

providing complete and timely information to the public largely will be defeated

.

Information about the nature, extent, and actual or potential effects of the release and the

19

---

steps proposed to address the contamination will lose much of its value if presented after

the fact . The only other alternative to prevent delays during direct appeals would be to

halt the response actions while the community relations appeal proceeds to a conclusion .

This alternative would not serve the public interest because it would delay the elimination

or control of the contamination. In addition, it would be inefficient and result in costlier

response actions. Under the circumstances, the Agency believes its proposed solution for

appeals is a very reasonable compromise . It is similar to the issuance of "4(q) notices"

pursuant to Section 4(q) of the Act (415 ILCS 5/4(q)) where the Agency may provide

notice of an opportunity to perform a response action. The basis for the notice may not

be appealed. If the person receiving the "4(q) notice" fails to perform and the Agency

undertakes the response action, the Agency may seek to recover its costs from the non-

compliant party, and the party may raise statutory defenses at that time

.

Section 1505.330(f) provides for default approvals of documents in the event the

Agency fails to meet its 30-day review deadline. Again, the short time periods for

Agency reviews and the re-submission of disapproved documents, the indirect appeals

procedure, and default approvals if the Agency fails to meet its review deadlines are

because of the time-sensitive nature of community relations activities in notice situations

.

Section 1505.335 Implementation of Community Relations Plans and Distribution of

Fact Sheets; Compliance Monitoring and Records Retention

Section 1505 .335(a) requires persons accepting notice obligations to begin

implementation of the CRP and distribution of fact sheets within five days of receiving an

Agency approval of the documents. Subsection (b) provides for compliance monitoring

by the Agency as the implementation of the CRP and the distribution of the fact sheets

proceeds. Copies of documents distributed to the public must be provided to the Agency,

20

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and the Agency must be notified in advance of public meetings and press conferences . In

addition, the Agency is authorized to conduct its own compliance checks. A record

retention requirement for documenting compliance also is included

.

Section 1505 .340 Compliance

Section 1505.340 requires compliance with the requirements of Subpart C and

any approved community relations activities. Acceptance of the Agency's notice

obligation and the related community relations activities initially is voluntary, but once

the obligation is accepted, the responsible party is acting to fulfill the Agency's statutory

duty and must fully comply with the requirements of Subpart C

.

This concludes my testimony .

THIS DOCUMENT FILED ON RECYCLED PAPER

21

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Office of Community Relations Guidance

September 2005

About the Office of Community Relations

:

Formed in the mid-1970s, the Office of Community Relations supports public

participation and outreach activities throughout the Agency . The Office of Community

Relations establishes and maintains a dialogue with citizens and communities in an

effort to understand their environmental interests and concerns, inform them of Illinois

EPA activities and findings and involve the public in Agency decision-making . The

Office of Community Relations is located in the Agency's Associate Director's office

.

Community Relations staff possess educational backgrounds in technical,

communication and social science fields. In addition, the staff have advanced training

in public participation techniques and risk communication and participate in continued

technical training in the environmental field . Community relations coordinatorss have an

average of 15 years of experience within the Illinois EPA, providing them with a solid

understanding of Agency programs and environmental issues . This background,

experience and training contribute to a record of successful response to community

concerns

.

This document was developed by the Office of Community Relations to inform others

about the services we offer and to guide our efforts in carrying out our mission

.

Mission Statement :

To facilitate the Agency's goal of open communication and informed public participation

in the decisions and programs of the Illinois EPA .

Vision Statement :

To be a trusted liaison between the Illinois EPA and the public, integrating meaningful

public participation into Illinois EPA decisions and activities

.

Attachment I

Kurt Neibergall

R06-23

---

Areas of Expertise :

To support the Agency's programs, the Office of Community Relations offers the

following skills and services

:

•

identifying people and groups that may be affected by or are interested in Agency

actions ;

•

identifying and using effective tools and methods for public participation

;

•

actively listening to community perspectives and concerns, clarifying issues and

identifying resources for response

;

•

conveying community concerns to Agency staff, governmental entities and

regulated parties, and helping the Agency develop appropriate responses

;

•

facilitating communication and information sharing among Agency staff and

programs

;

•

reviewing technical documents in order to :

a) clearly communicate (written and verbal) information to the public in non-

technical terms

b) identify for Agency staff the possible effects of technical decisions on the

public, and

c) improve readability of Agency documents

;

•

maintaining . an on-going dialogue with communities regarding Agency activities

;

•

conducting on-going risk communication, in support of public health

professionals, regarding known or perceived environmental conditions

;

•

assisting with integrating geographical, social, political and economic factors into

Agency decisions and

•

producing formal planning, briefing and reporting documents

.

---

Guiding Principles :

The Office of Community Relations staff is guided by the following principles

:

•

The public has a right to provide information and comments for consideration

in Agency decisions

;

•

The public's perspectives, values and cultural traditions should be considered

in the Agency's decisions/activities ;

•

The public's knowledge of environmental issues should be considered in the

Agency's decisions/activities

;

•

The public has a right to accurate and timely information from the Agency ;

•

The public has the right to expect that sensitive information,

(e .g ., citizen

complaints, environmental sampling data or personal information) will be held

in confidence. However, legal proceedings may require disclosure

;

•

Community Relations' staff have a personal commitment to

:

respect for the individual,

respect for shared expertise of staff and colleagues,

listening with an open mind,

honesty, openness and "straight talk",

courtesy and personal accessibility,

flexibility and creativity in problem solving,

cooperation and collaboration and

continuous improvement and professional growth

.

---

OCR Roles and Responsibilities :

Conduct research and analysis

•

Research background of communities where Agency projects are located,

identifying public environmental concerns

•

Research, study and understand technical aspects of Agency projects

.

•

Analyze technical documents for possible impacts of Agency projects on

individuals and communities

•

Research resources available to communities for addressing environmental

concerns

Develop and implement public participation and outreach strategies

•

Design effective and cost-efficient public participation strategies to meet legal

requirements, project needs and Agency goals

•

Participate in Agency work groups developing Agency outreach strategies

and responses to environmental concerns

•

Communicate Agency actions, responsibilities, regulations and policies in

non-technical terms through the use of fact sheets, the Agency website, face-

to-face discussions with residents and local officials, availability sessions,

public meetings and other appropriate methods

•

Solicit public comments and concerns about Agency decisions/projects, using

both formal methods such as public hearings and less formal methods such

as face-to-face conversations and availability sessions

•

Participate in community advisory groups/panels

•

Work with IDPH and Agency toxicologists to develop and implement risk

communication strategies

•

Evaluate effectiveness of public participation and outreach activities and

make project/program improvements as necessary

Participate on Agency project teams

•

Beginning early in the project, bring community concerns, issues and

comments to internal technical and enforcement discussions and decision-

making

•

Help Agency staff identify actions responsive to community concerns

(including the development of i

•

nvestigation plans, remedial action plans and

draft permits .)

•

With Agency technical staff, work with regulated parties and other groups to

identify and respond to community concerns

•

Coordinate and prepare pre-meetings of technical staff for Agency hearings

and public meetings

•

•

Provide suggestions and feedback on technical presentations and assist in

preparing responses to potential questions

---

Participate in field activities

•

Coordinate and conduct surveys of residents in connection with possible

residential sampling

•

Assist in obtaining permission to access property for environmental

investigation and response actions

•

Assist in responding to community concerns during environmental

emergencies

•

Act as community/media liaison during field activities

•

Confer with IDPH and Agency toxicologists regarding the interpretation of

sample results and evaluation of environmental hazards ; communicate

information to the public as needed

Respond to public concerns

•

Coordinate Agency responses to public concerns and comments, working

with other agencies as needed

•

Respond to citizen complaints by researching information or directing

complaints to the appropriate Agency program or other governmental body

.

Maintain citizen complaint database and track follow-up

•

Coordinate the development and editing of responsiveness summaries so

they are understandable and responsive to public comments and concerns

Assist .Illinois Office of Communication and Information (IOCI) with media activities

•

Organize, conduct and prepare briefing materials about news media events

•

Respond to news media inquiries as requested and follow up with appropriate

staff

•

Inform management, technical staff and IOCI Communication Manager of

sensitive issues and anticipated media interest

Education/Training-

•

Improve knowledge, skills and abilities through formal and informal

educational opportunities

•

Assist Agency staff in improving communication and presentation skills,

•

Conductlassist in presentations and activities to educate the public about

environmental issues and Agency programs

---

Keys to Success :

The success of Agency programs/projects depends on Agency staff working together as

a team .

To fulfill our responsibilities as an integral part of that team, Community Relations

requires

:

•

Management'and staff support of the OCR role in the project team

•

Advance notice on upcoming projects

•

Early involvement in projects and discussion of project schedules and

expectations

•

Opportunity to review and comment on draft documents

•

Copies of key technical documents

•

Inclusion in discussions with responsible parties/applicants

•

Regular project updates and timely notification of changes to project

schedules

•

Open two-way communication among team members

•

Adequate time to plan for public meetings, hearings and other events

•

Prompt notification of "red flags" (media contacts, public interest, or

significant issues)

•

Timely responses to OCR requests for information/data

•

Timely review of OCR documents

For additional information or if you have any questions about Illinois EPA's Office of

Community Relations, contact Kurt Neibergall at 217/785-3819

.

---

Community Relations - Illinois EPA - Bureau of Land

f

rna rn&& bxr+s

-o f5

June 1996

COMMUNITY RELATIONS IN THE SITE REMEDIATION PROGRAM

Guidance for fulfilling 415ILCSS/58.7(h): Community Relations in Site Remediation

Although community relations is not required in the Illinois Site Remediation program, years of experience have

proven that some form of communication between the remediation applicant and the community will improve the

investigation and remediation process. Large, complicated sites may need a formal Community Relations Plan

(CRP) and a considerable amount of effort to conduct community relations activities ; however, at many sites, the

only community relations activity may be to notify adjacent property owners that an investigation or cleanup is to

occur. We suspect that for a majority of the sites, little, if any, community relations will be needed

.

The Illinois EPA will assist applicants in determining when community relations is necessary and will provide

oversight to those applicants who are developing and conducting CRP's . In many areas of Illinois, the Illinois EPA

has local contacts and working relationships with neighborhood groups . The Illinois EPA can share information and

other resources with remedial applicants

.

What is Community Relations?

Community relations facilitates two way communication between the remediation applicant and interested and

affected individuals . Community relations activities promote public participation by sharing timely and accurate

information between all concerned parties, and when possible, by Incorporating community concerns into

investigation and response plans. What is planned? Why are certain actions being taken? How will these actions be

conducted in a way that is safe for the community? These are some of the key questions to answer during the

dialogue with the community. In the context of environmental remediation, a community relations program that

begins at or before the start of an investigation is more likely to succeed

.

Why should I conduct a Community Relations Program?

Remediation applicants who distance themselves from the public create mistrust and often encounter resentment

in their community. Initiating a community relations program will

:

Smooth the way for property access agreements and negotiations with adjacent land owners and local

governments, and

Alert the remediation applicant to community concerns and problems with the site, and may even provide factual

information about the site not readily available

.

Delaying the CRP until later in the investigative process can allow community concerns to grow, and can even be

costly in terms of misplaced investigative efforts that could have been prevented based on community knowledge .

Liability and litigation from third party lawsuits may be prevented when steps in the remediation process are

discussed with the community

.

How will I know if a CRP is needed for my site?

Any of the following conditions indicate a probable need for a CRP :

An actual or Imminent health threat,

Nearby residential areas, schools, parks, fairgrounds, day care facilities, senior citizen centers, churches, or other

areas where there are community functions,

Attachment 2

A release into a forest preserve, park, river, or lake,

Kurt Neibergall

R06-23

ttp://www.epa.state.il.us/land/cleanup-programs/community-reiaiions.nim i

3/6/2006

---

A history of accidental spills, fire, explosion, complaints from the community, or regulatory violations

.

What are the components of a CRP?

The type of CRP needed for your site will depend upon site conditions and other factors. Two types of CRPs are

included with this guidance. In addition, you may want to review Community Relations in Superfund : A handbook

(EPA/540/R-92/009) . Every CRP should include at least these four components

:

I. Site Description

Purpose : Provide a brief overview of the site including information about previous land

uses, the type and extent of contamination, and potential or known threat to public health

and the environment. A map of the site and surrounding area showing streets, homes,

businesses, and geographic features should also be provided on a separate page or fold-

out of this section . The information summarized in this section will be useful when

responding to inquiries, particularly from the news media, and will provide concise

background information needed when preparing fact sheets and news releases

.

Suggested Length : One to three pages

.

II. Community Issues and Concerns

Purpose : Profile the community including : demographics of the neighborhood and how

the community has reacted to activities at this site . Key community concerns should be

described in detail and can be organized by population segment

( nearby residents,

elected officials, environmental groups) or topic (property value, odors, health threat) .

Example : Residents living near the facility have observed children playing inside the building . These residents

know that drums and vats containing flammable liquids are still Inside this building

.

How used : The Remediation Applicant can alleviate this fear by securing the building to prevent access by

children or vagrants .

Suggested Length : One to two pages .

III. Community Relations Program

Purpose : Describe the community relations program objectives and provide a schedule of

activities to meet these objectives. Identify a contact person for the remediation applicant

who will handle community calls; specify the location of convenient Information

repositories; and explain how the public will be notified of meetings and issued fact sheets

and news releases. A matrix format to illustrate the schedule of activities is acceptable

.

Example : The Environmental Defense Network, a local environmental group, has

repeatedly contacted newspapers and local elected officials about threats to the

environment posed by this abandoned site . One objective in the CRP might be, Provide

updates to EDN on project status. Activities to fulfill this objective could include

:

1. small group meeting to discuss the investigation and listen to EDN concerns,

2. telephone contacts with group leaders,

3. fact sheets and letters to EDN on investigation milestones with copies mailed

to news media and others on the mailing list

.

Suggested Length : Two to three pages .

IV. Contact List

Purpose: Provide name, title, mailing address and telephone/fax numbers of elected

http://www.epa.state.il.us/land/cleanup-programs/community-relations.html

3/6/2006

1 al`(C

.- UI !

---

-ommunity Relations - Illinois EPA

- Bureau of Land

Page 3 of 5

officials, adjacent property owners, news media (print and electronic), government

organizations, and concerned citizens. The publicly available CRP may not necessarily

include the names and addresses of adjacent property owners and concerned citizens . The

contact list provides a handy compilation that saves time when calling or mailing . Having

this list documented reduces the chance of key groups or individuals being inadvertently

ignored. The CRP is a living document . It will need to be adjusted in anticipation of, and in

response to, changing events .

Who prepares the CRP?

The CRP may be prepared by the remediation applicant, their environmental contractor, a community relations

contractor experienced in environmental issues, or Illinois EPA .

Where can I get more information?

You are encouraged to contact :

Illinois Environmental Protection Agency

Office of Community Relations

1021 N. Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

Tel: 217/782-5562 Fax: 217/785-7725

email: Kurt

.Neibergall@epa .state.ll .us

II. Short Form Sample Plan

Most sites in the Illinois Site Remediation program will not need an extensive Community Relations Plan similar to

the previous example. This short form plan may be used as a template to document essential information

for sites

with a low need for community relations .

February, 199_

ABC Warehouse

Huntsville, Illinois

I. Site Description

The ABC Warehouse is located at the intersection of 1100 First Avenue and Perkins Road in Huntsville

. The brick,

two story structure is bordered by farm fields on the north and west, and south . A residential area begins on the

adjacent property east of the building and continues along Perkins Road into town . The building is structurally

sound and secured from easy access to strangers by metal shuttered windows and padlocked metal doors

.

Drinking water and wastewater services are provided by Huntsville . The Washington Grade School is three blocks

southeast of the site on First Avenue . The Johnston County Senior Citizens Center is one block east of the

site on

Perkins Road .

This building still contains approximately 200 fifty-five gallons drums that need to be sampled, and one closed vat

containing an unidentified sludge-like material. About half of the drums are corroded and some of these drums will

need overpacking before removal .

Contaminants of Concern

http://www.epa.state.il.us/land/cleanup-programs/community-relations .html

3/6/2006

---

Five fifty-five gallon drums are labeled Trichloroethylene

.

Waste oil and other suspected unknown contaminants are in the remaining drums

.

II. Community Issues

A. Children's Safety . There are two safety issues involving children . First, during the sampling and remediation,

some of the security barriers will be removed . Consequently, curious children may seek entry to the building

.

Second, children frequently bicycle or walk to the Washington Grade School . Truck traffic to the site should be

routed away from the school as much as possible

.

B. Drinking Water . Four private drinking water wells are located within an 800 feet radius of the site . One of the

city=s three public water supply wells is located within one-half mile of the site

.

III. Community Relations Activities

All questions about community relations activities and news media inquiries should be directed to

Robert

Johnson, Manager, Environmental Affairs, CDX Industries,

123

Corporate Way, Harrisburg,

Pennsylvania

80214

(Tel :

207/488-9977) .

Before remediation, we will :

1. Contact Mayor's Office, Alderman, and the Police Department to discuss our

remediation plans, building security, and answer questions .

2. Contact adjacent property owners, and if sufficient interest exists, contact

local news media

.

3. Obtain past public drinking water analyses to anticipate any perceived link

between activities at this site and Huntsville drinking water quality

.

When remediation commences, we will

:

1. Provide schedule to Mayor's Office, Alderman, Police Department, adjacent

property owners, and any other interested citizens .

IV. Contact List

A. Government Officials

Mayor, Huntsville

Aldermen

Police Department

County Board Members

School Principal, Huntsville

Illinois EPA

County Health Department

Illinois Department of Public Health

Representatives

B. Interested and Affected Citizens

All adjacent property owners

Senior Citizen Home Director

Chamber of Commerce or Economic Development Director

Civic Groups

Environmental Groups

C. News Media

Print

Electronic

ttp ://www.epa.state.il.us/land/cleanup-programs/community-relations .html

3/6/2006

---

Cook County Department of Public Health

1010 Lake Street, Suite 300, Oak Park, Illinois 60301

708.492.2000

•

TDD 708.492.2002

John H . Stroger, Jr.

President

Board of Cook County Commissioners

Daniel H. Winship, M.D.

Chief

Bureau of Health Services

Stephen A. Martin, Jr., Ph.D., M.P.H.

Chief Operating Officer

June 30,

2005

Carol Fuller

Illinois Epa, Office Of Community Relati

PO Box 19276

Springfield,

IL 62794-9276

Dear Ms. Fuller :

Note: If you use public water (i .e., if you receive a water bill from your

local municipality) and are not presently using a private well for your

source of water, this notification does not apply to you .

If you do use a well for your source of water, the Cook County Department of Public

Health (CCDPH), the Illinois Department of Public Health (IDPH) and the Illinois

Environmental Protection Agency (IEPA) want to give notice that low levels of chemical

contamination have been detected in the groundwater in the general area where you live .

The IEPA has been investigating two landfills in the Chicago Heights/South Chicago

Heights area (please see the enclosed fact sheet) . Information collected from sampling

monitoring wells on the two sites and from two nearby private wells showed traces of

chemicals known as volatile organic compounds (VOCs). These are common, man-made

chemicals found in such products as cleaning solvents or fuels and can cause a variety of

harmful health effects at high levels of exposure. VOCs tend to evaporate easily into the

air. However, in groundwater, they tend to break down very slowly . They can persist for

long periods and can travel long distances from where the chemical was spilled or

dumped .

In the data collected by IEPA from the private wells, the levels of specific VOCs detected

do not represent a public health hazard ; however, it is still important that you are made

aware of this situation. Because multiple industrial sources and underground storage

tanks in the area also have the potential to impact the groundwater quality, we

recommend that private well owners have their wells tested for VOCs as a precautionary

measure .

Attachment 3

Kurt Neibergall

R06-23

We Bring Health

CARE

to Your Community

.

---

A list of private laboratories approved for testing is provided in this mailing . Once

samples have been analyzed at a laboratory, residents may contact the IDPH's West

Chicago Region at 630/293-6800 and speak to toxicologist Tom Baughman for an

explanation of the test results

.

To further assist you, the IEPA, in conjunction with CCDPH and IDPH, will sponsor a

workshop at the Steger Village Hall on Tuesday, July 26 at 6 :00 PM. IEPA staff, along

with representatives from the two public health agencies and area laboratories, will be

available to answer any questions you may have about this matter

.

If any of our departments can be of assistance in this matter, please feel free to contact us

.

Sincerely,

Stephen Martin, Jr., PhD, MPH

Chief Operating Officer

Cook County Department of Public Health

14f .

4

Eric E. Whitaker, MD, MPH

Director

Illinois Department of Public Health

Renee Cipriano

Director

Illinois Environmental Protection Agency

The Cook County Department of Public Health recommends annual testing of wells

for coliform bacteria and nitrates. Bottles for testing can be obtained by calling the

Department at 708-492-2035 .

---

Cook County Department of Public Health

1010 Lake Street, Suite 300, Oak Park, Illinois 60301

708.492.2000

•

Ton

708.492.2002

John M. Stroller, Jr.

"',&m

Hoard of Cook County Commissioners

Daniel H. Winship, M.D.

Chief

Bureau of Health Services

Stephen A. Martin, Jr., Ph.D.,M

.P

.M.

Chief Operating Officer

30 Junio, 2005

Estimado ciudadano :

Nota: Si usted recibe agua potable del acueducto (es decir, si la ciudad le cobra por

el use del agua) y no esth usando un pozo privado para suministrar agua potable, la

siguiente notification no es para usted .

Si usted usa un pozo para suministrar su agua potable, el Departamento de Salud Publica

del Condado Cook, el Departamento de Salud Piiblica de Illinois (IDPH, por sus siglas en

ingl6s) y la Agencia de Protection Ambiental de Illinois (IEPA, por sus siglas en ingles)

le notifica que bajos niveles de contaminaci6n quimica se han detectado en el agua

subterranea en el area donde usted vive

.

La IEPA ha investigado dos rellenos en el area de Chicago Heights y South Chicago

Heights (por favor lea el informe adjunto). La informaci6n que se recogi6 durante la toma

de muestras de unos pozos en los dos rellenos y de dos pozos privados cercanos

demostraron indicios de unos quimicos llamados quimicos organicos volatiles (VOC, por

sus siglas en ingl6s). Estos quimicos communes, manufacturados por la industria, se

encuentran en productos como los solventes para limpieza o los combustibles, y pueden

causar una variedad de efectos dailiinos a la salud cuando uno esta expuesto a

concentraciones altas. Los VOC se evaporan facilmente al aire. Sin embargo, en el agua

subterranea se descomponen lentamente; tambi6n pueden persistir por mucho tiempo y

ser transportados a distancias lejanas del sitio donde se depositaron

.

De acuerdo a los datos recogidos por la IEPA en los pozos privados, los niveles de ciertos

VOC detectados no presentan un riesgo a la salud publica ; sin embargo, es importante

que usted est6 informado de la situation . Debido a que hay multiples lugares industriales

y tanques de almacenamientb subterratieos en el area que podrian afectar la calidad del

agua subterranea, nosotros recomendantos, comb una medida de precauci6n, que se

tomen muestras de sus pozos privados y se analizeri para ver si tienen los VOC

.

La IEPA, junto con el IDPH y el Departamento de Salud Piiblica del Condado Cook,

llevara a cabo una reunion en Steger el 26 de Julio a las 6 p .m. Personal de la IEPA y

representantes de los dos departamentos estaran presentes para responder a las preguntas

sobre la calidad del agua subterranea y la toma de muestras de agua. Tambi6n estaran

We Bring Health

CARE

to Your Community.

---

presentes representantes de dos laboratorios que hablaren sobre el proce{limiento de

analisis de las muestras

.

Adjunta a esta carta se encuentra una lista de laboratorios privados que estan aprobados

para hacer este tipo de andlisis. Una vez que usted reciba los resultados del laboratorio,

flame a la oficina del IDPH, sector occidental, en Chicago, telefono

630-293-6800, y

hable con el toxic6logo Tom Baughman para que le explique los resultados

.

Si usted desea asistencia de uno de nuestros departamentos, por favor comuniquese con

nosotros

.

Atentamente,

Stephen Martin, Jr., PhD, MPH

Chief Operating Officer

Departamento de Salud Publica del Condado Cook

Z"

~-

1q-4

Eric E. Whitaker, MD, MPH

Director

Departamento de Salud Publica de Illinois

-/~

r

4~w-

Renee Cipriano

Director

Agencia de Proteccibn Ambiental de Illinois

El Departamento de Salud Publica del Condado Cook recomienda la toma de

.

muestras de pozos privados y un an&lisis anualmente para ver si el ague tiene

materia fecal y nitratos. El Departamento provee las boteilas para las muestras ; por

favor flame al

708-492-2035 .

---

State of Illinois

Rod R. Blagojevich, Governor

Illinois Environmental Protection Agency

Renee Cipriano, Director

Fact Sheet

.

South Chicago Area

Outreach Initiative Regarding Testing of Private Wells

Includes Chicago Heights, South Chicago Heights and Steger areas

Background

Illinois EPA, Illinois Department of Public Health (IDPH) and the Cook County Department of Public Health

are encouraging owners of private wells in developed areas (where there is a potential for chemical

contamination) to have their wells tested

.

House Resolution (HR) 1010, adopted June, 2004 by the Illinois General Assembly, encourages the Illinois

EPA to establish a Right-to-Know Committee and to get citizens' input on the best way to notify residents

who may be exposed to contamination from air, land or water . In keeping with the spirit of the resolution,

Illinois EPA and the state and local health departments met with citizens to develop this educational

outreach project to notify private well owners about potential contamination .

Please note:

If you use a public water supply for your source of drinking water, your water should

not be affected. Public water supplies come from both Lake Michigan water and groundwater

.

However, a public water supply must treat the source water to get rid of contaminants that are found

at levels greater than levels for safe drinking water that are set by federal regulations . Water

supplies used for Chicago Heights, South Chicago Heights and Steger routinely test for

contamination, and they meet these federal standards at which water is considered safe to drink

and no adverse health effects are expected .

Areas of Concern

This notification is based on information Illinois EPA has

found while investigating, monitoring and working on two

landfill sites in the Chicago Heights/South Chicago Heights

area. Tests from groundwater and surface water at one

landfill site showed levels of vinyl chloride greater than state

Class I groundwater standards - the state standards that are

designed to protect groundwater for use as drinking water

.

Vinyl chloride is from a family of chemicals known as volatile

orqanic compounds (VOCs), which are common man-made

chemicals found in cleaning solvents, gasoline and oil

.

These chemicals can travel in groundwater long distances

from where they were spilled or dumped

.

Illinois

office of Community Relations

Environmental

1021 N. Grand Avenue East

Protection Agency

Springfield, Illinois 62702

Public Availability Session

Private Wells and Groundwater

Quality

Tuesday, July

26,

2005

6:00 p.m.

to

8:00 p.m .

at Steger Village Hall

35 W. 34"' Street

Steger, Illinois

June 2005

---

Vinyl chloride was also found in South Chicago Heights' municipal well #3 in the late 1980s at a level

greater than the Class I Groundwater Standard

- which is 2 parts per billion. An example of a part per billion

concentration is a teaspoon of a chemical in a volume of water the size of a city water tower . South

Chicago Heights stopped using well #3 after this event . The city stopped using groundwater wells and

began buying lake water from Chicago Heights in 2000

.

Since then, Illinois EPA tested five private wells in the area during the work that was done to close the two

problem landfill sites. Two well results showed low levels of VOCs. The VOC levels found were less than

the federal standards for safe public drinking water supplies and also within the state groundwater

standards. No adverse health effects are expected at those low levels . However, the Agency wants to fully

inform area citizens about possible threats to groundwater quality

.

If you have a private well, you may want to consider having the well tested for volatile organic compounds

Enclosed is a list of laboratories that are approved for testing your water for this group of chemicals . Also

enclosed are directions for taking a sample of your well water to have it tested for VOCs, if you choose to do

take the sample on your own .

Public Meeting/Workshop.-

Illinois EPA, the Illinois Department of Public Health and the Cook

County Department of Public Health will hold an educational workshop in Steger on Tuesday . July 26, from

6:00 to 8:00 p.m. Illinois EPA staff, along with representatives from the state and county health agencies,

will answer questions about the quality of well water and about having sampling done . In addition,

representatives from area labs will be on hand to answer questions about water testing procedures . The

meeting will be at the Steger Village Hall at 35 W. 34'" Street .

For further information, you may contact :

Carol Fuller

Community Relations Coordinator

Office of Community Relations

217/524-8807

carol.fuller@epa.state .il.us

Printed by Authority of

The State of Illinois

June-2005 #34614

2300

Page 2

Printed on Recycled Paper

---

Public Notice Region In The South Chicago Area, Cook County

Legend

•

Private Wells

•

CWS Wells

•

Cleanups

LUST Sites

-- Railroads

Streets

Water

Municipal Boundary

Q

Public Notice Boundary

a

Landfill

© Landfill

0 0.15 0 .3

0.6

Illinois EPA

Or oun& sterSection

lime 2005

0.9

1 .2

Miles

---

State of Illinois

Rod R. Blagojevich, Governor

..

Illinois Environmental Protection Agency

Renee Cipriano, Director

Informe

Area Sur de Chicago

Un Iniciativo de Alcanze para Pruebas de Pozos Privados

Incluye las areas de Chicago Heights, South Chicago Heights y Steger

Antecedentes

La EPA de Illinois, el Departmento de Salud Publica de Illinois y el Departmento de Salud Publica del

Condado Cook le piden a los ciudadanos del area que tienen

pozos

de agua potable propios (donde existe

la posiblidad de contamination de quimicos)

que

le hagan pruebas al agua de sus pozos .

La Resolution de la Camara de Representanets #1010, adoptada en junio de 2004 por la Asamblea de

Illinois, impulsa a la EPA de Illinois a que establezca un Comite del Derecho a Saber y obtenga la opinion

de los ciudadanos sobre la mejor forma de notificar a los residents de que tal vez esten expuestos a

contamination en el aire, tierra o agua . De acuerdo con el espiritu de la resolution,

la

EPA Illinois y.los dos

.

departamentos de salud se reunieron con ciudadanos para desarrollar este proyectb piloto para notification

de contamination posible de pozos privados

.

Nota: Si actualmente usted recibe su agua potable del acueducto, el agua que toma no debera estar

afectada. Los acueductos usan agua del Lago Michigan y agua subterranea . Sin embargo, el

acueducto debe de tratar el agua que usa para quitarle los contaminantes que existan en niveles

mas altos que los niveles permitidos para el agua potable, los cuales son establecidos por los

reglamentos federales. El agua que usan los acueductos de Chicago Heights, South Chicago

Heights y Steger se analiza con regularidad para determinar si esta contaminada, y estos

acueductos cumplen con las normas federales que establecen que el agua se puede tomar y se tree

que no producen efectos a la salud .

Areas de interes

La notification actual trata de la information que la EPA de

Illinois ha reunido en el transcurso de la investigation, monitoreo

y ejecucion de trabajos en dos rellenos en el area de Chicago

Heights/South Chicago Heights . Los resultados de unas pruebas

hechas a unas muestras de agua subterranea y agua

superficial indican que existen niveles de cloruro de vinilo mas

altos que la norma para agua subterranea "Clase I"-la norma

estatal establecida para proteger el agua subterranea y asi

mantenerla potable

.

El cloruro de vinilo pertenece al grupo de quimicos Ilamados

quimicos organicos volatiles (VOC, por sus siglas en ingles),

los cuales son quimicos comunes manufacturados por la

industria, puede encontrar en los solvents de limpieza y en la

gasoline y el aceite. Estos quimicos pueden desplazarse a

distancias largas en el agua subterranea desde el punto de origen

.

Sesi6n

Publica

Pozos

Privados y Calidad del

Agua Subterranea

Mattes 26

de Julio de 2005

6:00 p.m. a 8:00 p.m .

Steger Village Hall

35 W. 34t

h

Street

Steger, Illinois

Agencia de

Oficina de Relaciones con la Comunidad

Junio 2005

Protection Ambiental

1021 N. Grand Avenue East

De Illinois

Springfield, Illinois 62702

---

Cloruro de vinilo tambien fue detectado en el pozo municipal #3 de South Chicago Heights a finales de la

de cada de 1980 en un nivel m6s alto que la norma para agua subterr6nea Clase I, 6 2 partes por million

. El

equivalente de una parte por million es una cucharadita de un quimico en un tanque de agUa potable de la

ciudad. South Chicago Heights dej6 de usar el pozo #3 despues de haber detectado el quimico

. En el

2000, la ciudad dej6 de usar todos sus pozos municipals y empez6 a obtener su agua potable de Chicago

Heights .

Desde entonces, la EPA de Illinois le hizo pruebas a cinco pozos privados durante el trabajo que se

ejecut6

para el cierre de los dos rellenos. Las pruebas de dos pozos indicaron_que existen los VOC en

concentraciones bajas. Las concentraciones detectadas estaban por debajo de las normas federales para

los acueductos y tam bien cumplieron con ]as normas estatales para agua subterranea. Se tree que dichas

concentraciones no causan efectos adversos a Ia salud . Sin embargo, la EPA de Illinois desea informarle a

los ciudadanos de la posibilidad de contaminaci6n del agua subterr6nea .

Si usted usa un pozo para su agua potable, usted puede necesitar que se le haga una prueba al agua

para ver si tiene quimicos organicos vol6tiles

. Una lista de laboratorios que est6n aprobados para analizar

ese tipo de quimicos est6 adjunta a este informe.'Adjunto tambien se encuentran las instrucciones para

recoger una muestra del agua de su pozo para hacerle la prueba, si usted mismo desee tomar la muestra

.

Reunion PUblica/Taller-

La EPA de Illinois, el Departmento de Salud PGblica de Illinois y el

Departmento de Salud Publica del Condado Cook Ilevaran a cabo un taller educational en Steger el

mantes

26 de Julio, de 6:00 p.m. a 8:00 p.m. Personal de la IEPA y representantes de los dos departamentos

estaran presentes para responder a las preguntas sobre la calidad del agua subterranea y la toma de

muestras de agua. Tambien estaran presentes representantes de dos laboratories que hablaran sobre el

procedimiento de analisis de las muestras. La reunion sera en el Village Hall de Steger, 35 West 34 th

Street .

1

Para obterner mayor informaci6n, comuniquese con :

Carol Fuller

Coordinadora de Relaciones con la Comunidad

Oficina de Relaciones con la Comunidad

217/524-8807

carol.fuller@epa.state .il.us

Impreso por Autoridad del

Estado de Illinois

Junio-2005 34613 2300

2

Impreso en Papel Recicado

---

Region de Notificacion Publica en el Area Sur de Chicago, Contlado Cook

Leyenda

•

Pc os pdvados

Q Lfmlte politico para notificaclOn publica

•

Pozos de acueductos Relleno

Proyectos remedladores

Sitios con tanques subterraneos © Relleno

-- Ferrocarril

- Calle

-Tuberia de agua

CLfmite politico

0 0.15 0.3

0.6

EPA de Illinois

Se cci6n A guas S ubtenene as

hmio 2005

0 .9

1 .2

Milla s

A

---

Accredited Laboratories for Analysis of Environmental

Samples (including Volatile Organic Compounds)

Abbott Corporate Environmental Health and Safety Laboratories North Chicago

IL

(847) 935-6337

Accutest Laboratories of New England

Marlborough

MA

(508) 481-6200

Accutest Laboratories of New Jersey

Dayton

NJ

(732) 329-0200

American Water

- Belleville Laboratory

Belleville

IL

(618) 239-0516

ARDL, Inc .

Mt. Vernon

IL

(618) 244-3235

Environmental Monitoring and Technologies, Inc

.

Morton Grove

IL

847/967-6666

Environmental Science Corp

.

Mt. Juliet

TN

(615) 758-5858

Environmetrics

St. Louis

MO

314/432-0550

Gabriel Laboratories, Ltd

.

Chicago

IL

773/486-2123

General Engineering Laboratories, LLC

Charleston

SC

(843) 556-8171

Heritage Environmental Services, LLC

Indianapolis

IN

(317) 390-3182

Illinois-American Water, Corporate Laboratory

East St. Louis

IL

(618) 874-2467

McCoy & McCoy Laboratories, Inc

.

Madisonville

KY

(270) 821-7375

MWH Laboratories, A Div. of MWH Americas, Inc

.

Monrovia

CA

(626)386-1170

Pace Analytical Services - MN

Minneapolis

MN

(612) 607-1700

PDC Laboratories, Inc

.

Peoria

IL

309/692-9688

Prairie Analytical Systems, Incorporated

.Springfield

IL

217/753-1148

STL Buffalo

Amherst

NY

(716) 691-2600

STL Savannah

Savannah

GA

(912) 354-7858

Suburban Laboratories, Inc

.

Hillside

IL

708/544-3260

TestAmerica Analytical Testing Corp, Dayton OH

Dayton

OH

(937) 294-6856

TestAmerica Analytical Testing Corp, Nashville TN

Nashville

TN

(615) 726-0177

Underwriters Laboratories, Inc

South Bend

IN

(574) 233-4777

USFilter Enviroscan Services

Rothschild

WI

(800)33$-7226

---

General procedure for collecting water samples if testing for volatile organic

chemicals

Illustrations and text in this fact sheet were taken with permission from Home A Syst : An Environmental Risk-Assessment Guide for the Home

developed by the National Farm*A*Syst/Home*A`syst program in cooperation with NRAES, the Natural Resource, Agriculture, and Engineellig

Service, (607) 255-7654, <www.nraes.orq> . Permission to use these materials was granted by NRAES based on an agreement with the

University of Wisconsin, the copyright holder.

--

# 1: Remove the aerator from the

indoor leak-free cold water faucet

# 2: Let water run for 15

minutes to assure that you are

getting water from the ground-

water source (where your well

is screened below ground) .

#3 Reduce the water flow until

the stream is about Y, inch in

diameter.

Ji

m

y

_

0 r

0

~

sa

#4 Fill a prepared laboratory

#5 Fill the

there

container until

#6 Replace the cap . Avoid

container as instructed by the

is

curved

to the

a

surface

water

trapping air between the

lab. Hold the container at an

on top .

sample and the cap,

angle to reduce aeration .

.

Notes :

•

Samples should be kept

in a cooler with ice for

transport to the lab

.

•

Do not keep samples

longer than 24 hours

before taking them to a

lab .

sure to disconnect the

hose before taking the

sample .

Containers have a

special preservative for

the volatile chemicals .

Do not rinse or reuse

#7 Turn the vial upside down

lab containers or fill to

and tap. If bubbles appear, take

•

If you use a water

overflowing .

another sample in a new

container .

softener or filter, take

the sample from an

•

Always follow the lab

If no bubbles appear, transport

outside spigot not

directions .

the sample as instructed by the

laborato

.

affected by those. Be

---

Procedimiento general para recoger muestras de agua para hacerles la prueba

de quimicos organicos volatiles

# 1: Quite el aparato que ventila

la [lave del agua fria .

#4 Llene el recipiente preparado

por el laboratorio de acuerdo a

sus instruccciones. Sostenga el

recipiente inclinado para reducir

la aireacion .

#7 Voltee el recipiente al reves y

dele un golpecito . Si hay

burbujas, recoja otra muestra en

otro recipiente. Si no hay

burbujas, Ileve la muestra de

acuerdo a las intrucciones del

laboratorio

.

# 2: Deje correr el agua 15

minutos para asegurarse de que

el agua viene del dep6sito

subtenaneo (de donde su pozo

extrae el agua)

.

#5 Llene el recipiente hasta que

el agua tenga una curva cerca a

la boca del recipiente .

Apuntes :

•

Mantenga [as muestras

en una he[adera con

hielo para Ilevarlas al

laboratorio.

•

No guarde las muestras

mas de 24 horas antes

de Ilevarlas al

laboratorio .

•

Si usted usa

ablandador para el

agua o

un

filtro, recoja

la muestra de una Have

afuera que no este

afectada por estos

.

#3 Reduzca el flujo agua hasta

que tenga un diametro de % de

pulgada

.

v

l,

#6 Coloque la tapa. Evite que

quede aire atrapado entre el

agua y la tapa .

Asegurese de

desconectar la manguera

antes de tomar la

muestra

.

•

Los recipients contienen

un preservativo especial

para quimicos volatiles .

No enjuague o vuelva

usar el recipiente, ni

permita que se derrame

agua .

•

Siga las instrucciones

del laboratorio

.

Las ilustraci6nes y el texto que se encuentran en esta pagina fueron tomadas con el permiso de Home A Syst : An

Environmental Risk-Assessment Guide for the Home que se desarollo por el progama National Farm'A'Syst con cooperacl6n

de NRAES, Natural Resource, Agriculture, y Engineering Service, (607) 255-7654, www.nraes.orq . El permiso que se dio

para usar estos materiales fue dado

y

basado en el acuerdo que existe entre NRAES

y

la Universidad de Wisconsin (la que

obtiene la propiedad literaria)

.

---

Fact Sheet #3

Background

Illinois EPA continues to investigate groundwater contamination in the areas of unincorporated Downers

Grove .

During October 16-18 and October 23-24, Illinois EPA sampling teams collected 159 private well samples

. Nine

more samples were collected on November 14 . The samples were taken primarily in an area south of Maple

Street and east of Belmont. See Area 4 (the expanded sampling area) on the attached map

.

During the spring of 2001, the Illinois EPA and the Illinois Department of Public Health (IDPH) took a small

number of well samples in unincorporated areas of Downers Grove in response to citizen concerns

related to

recent private well sampling in neighboring Lisle. Results of a few samples in Downers Grove in May showed

some solvent contamination in scattered wells . Consequently, Illinois EPA decided to initiate a separate

investigation in unincorporated Downers Grove to identify contaminated wells and potential sources for the

contamination .

Illinois EPA collected samples from private water wells in unincorporated Downers Grove during the

weeks of

July 16 and September 11, 2001 . The results from these samples constituted the first and second phases of the

Downers Grove Groundwater Investigation . In the first two rounds of sampling, approximately 320 wells,

inthree

areas, were analyzed for levels of solvent-type chemicals, known as volatile organic chemicals (VOCs)

.

What did the test results for the

most recent (October and

November) sampling show?

Can you explain the defined areas

of contamination based on the

well testing done between July

and November?

What steps are the Illinois EPA

taking to find sources of the

contamination?

Attachment 4

Kurt Neibergall

R06-23

Illinois

Office of Community Relations

December 2001

Environmental

P.O. Box 19276

Protection Agency

Springfield, Illinois

794-9276

Downers Grove Groundwater Investigation

Downers Grove, Illinois

Results of Round 3 Well Testing

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---

Will the investigation target a

source or sources soon, or does

that usually take a long time?

Can the contamination be removed

from the groundwater, or will it

degrade to non-toxic products

over time?

What about the original source

material where the spill occurred?

Can it be cleaned up?

Should well owners drink the

water?

11 contamination is found in my

well, will the state force me to

change over to a public water

supply?

What adverse health effects are

related to exposure to TCE or

PCE?

I

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How can I reduce my exposure to

TCE or PCE?

Could I solve the problem of

exposure to the contamination by

installing a filtration system?

How did Illinois EPA obtain names

and addresses to contact potential

S

well owners to sample? My

neighbor has never been

contacted .

3

Printed on Recycled Paper

---

For more information, please contact :

Other Fact Sheets by the Office of Community Relations, including Fact Sheets #1 and #2 for this site, are

available on the Illinois EPA web site www.epa.state .il .us

Printed by Authority of

the State of Illinois

4

Dec-2001

32015

1,000

Printed on Recycled Paper

Carol L. Fuller

Maggie Carson

Joe Dombrowski

Community Relations Coord

.

Public Information Officer

Remedial Project Mgr .

Illinois EPA

Illinois EPA

Illinois EPA, State Sites Unit

217/524-8807

217/557-8138

217/558-2564

carol.fuller@epa.state .il.us

maggie.carson@epa.state .il.us

joseph.dombrowski@epa.state .il .us

---

---

Boundary containing 95+ percent of sampled wells

in Downers Grove exhibiting a sum of TCE and PCE

concentrations between 2 and 5 ppb

Boundary containing 95+ percent of sampled wells

in Downers Grove exhibiting a sum of TCE and PCE

-

concentrations between 5 and 10 ppb

Boundary containing 95+ percent of sampled wells

in Downers Grove exhibiting a sum of TCE and PCE

concentrations above 10 ppb

0

1000

O\

7 ioxW

SCALE :

1 '=1000'

2000

I

TCE AND PCE ANALYTICAL RESULTS

PRIVATE WELL SAMPLING PROGRAM

DOWNERS GROVE,

ILLINOIS

DATE PREPARED: December

12,

2001

PARSONS ENGINEERING SCIENCE, INC

DESIGN * RESEARCH * PLANNING

999 OAKMONT PLAZA DRIVE

•

WESTMONT, WNOIS

•

630.371.1800

LEGEND

NOTES:

Aerial photo obtained from USGS, April 1998

Data Sources:

1) Prairie Analytical Laboratories, collected from May

2001 through October 2001

.

2) Illinois Deportment of Public Health, collected in

May 2001

---

IN THE MATTER OF :

STANDARDS AND REQUIREMENTS

)

FOR POTABLE WATER WELL

)

SURVEYS AND FOR COMMUNITY

)

RELATIONS ACTIVITIES PERFORMED )

IN

CONJUNCTION WITH AGENCY

)

NOTICES OF THREATS FROM

)

CONTAMINATION UNDER P.A. 94-134 )

NEW PART 35 ILL. ADM. CODE 1505 )

BEFORE THE ILLINOIS POLLUTION CONTROL BOARDSECE IV ED

CLERK'S OFFICE

MAR 1 4 2006

STATE OF ILLINOIS

Pollution Control Board

R06-023

(Rulemaking-Public Water)

AGENCY'S ERRATA SHEET NUMBER 1

THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY (Agency)

submits this ERRATA SHEET NUMBER 1 for the above-titled matter to the Illinois

Pollution Control Board (Board). The revisions proposed below are to the Agency's

original proposal filed with the Board on January 20, 2006

. They have been developed as

a result of the Agency's continuing efforts to refine its original proposal and in response

to additional outreach meetings with interested and affected persons

. The proposed

revisions are as follows :

Section 1505.110 :

"Community relations plan Relations

lam"

or "CRP" means a plan containing

goals, milestones, and specific tasks that will accomplish two-way

communications between a party performing a response action and community

members who may be interested in or affected by site contamination or activities

at the remediation site .

"Person performing a response action" means the person(s) taking responsibility

for addressing a release by authorizing or approving the performance ofa

response action (e.g.,Leaking Underground Storage Tank Program owner or

operator, Site Remediation Program Remediation Applicant, permittees).The

phrase does not include persons who have been hired or authorized to perform the

response action by the person taking responsibility for the release or persons with

---

I ;jyhrk theperson taking responsibility for the release has contracted or

14aWdntracted to perform the response action

.

Section 1§05.200 :

The purpose of this Subpart B is to establish minimum standards and requirements for

performing potable water supply well surveys to ensure that these wells are accurately

identified and located so that impacts and potential impacts to such wells from soil or

groundwater contamination, or both, can be identified

. The effects of soil contamination

on groundwater contamination are evaluated as the soil component of the groundwater

ingestion exposure route using modeling as referenced in this Subpart B

. This Subpart B

sets forth the procedures persons subject to this Subpart B shall use to perform potable

water supply well surveys and for the documentation of the results of well surveys in

reports to the Agency

.

Section 1505.205(a) :

a)

Except as provided in subsection (b) of this Section, this Subpart B applies

to persons performing response actions pursuant to applicable Board rules

.

Whenever a response action for soil or groundwater contamination, or

both, is required pursuant to applicable Board rules, the person subject to

those rules shall comply with the standards and requirements of this

Subpart B when a well survey is required to determine determining the

existence and location of potable water supply wells . When determining

the existence and location of these wells, the person also shall identify and

locate setback zones and regulated recharge areas associated with the

wells .

1)

This Subpart B does not contain an independent requirement to

perform a potable water supply well survey. If the Board rules

governing on which the response action is based for Agency

interpretations of those rules) require the performance of a well

survey as part of the response action, this Subpart B sets forth the

minimum standards and requirements that must be satisfied when

performing that well survey and preparing the documentation for

submission to the Agency. In addition, the submission and review

of well survey documentation and appeals of Agency final

determinations concerning well survey procedures and reporting are

subject to the rules governing requit-7in g the response action .

2)

Applicable Board rules requiring potable water supply well surveys

as part of response actions may supersede the requirements of this

Subpart B only to the extent their express provisions are equivalent

to or more stringent than the standards and requirements of this

Subpart B .

2

---

Section 1505.210(a) :

a)

When applicable Board rules require a well survey to determine

determining the existence and location of potable water supply wells,

persons subject to this Subpart B shall identify all private, semi-private,

and non-community water system wells located at the property where the

release occurred or within 200 feet of the property where the release

occurred, all community water system ("CWS") wells located at the

property where the release occurred or within 2,500 feet of the property

where the release occurred, and all setback zones and regulated recharge

areas in which all or any portion of the property where the release

occurred is located .

Section 1505.210(c) :

c)

In addition to identifying potable water supply wells and associated

protected areas pursuant to subsections (a) and (b) of this Section, persons

subject to this Subpart B shall expand the area of the potable water

supply

well survey if

: measured or modeled

groundwater contamination extends extend beyond a boundary of the

property where the release occurred in concentrations exceeding the

applicable remediation objectives of 35 Ill. Adm. Code 742.Appendix B :

Table Table, A, B or E for the groundwater ingestion route or the

applicable Class I groundwater quality standards at 35 Ill . Adm. Code 620

(e.g ., Class I, Class III)

. 410. The extent of modeled groundwater

Ill. Adm. Code 712 .Appendix C: Table C where appropriate or another

If there is no Table E

objective orPart 620 Class I standard, the objective shall be determined or

approved by the Agency in accordance with 35 Ill. Adm. Code

620.Subpart F .

If there is no Table A or B objective, the objective shall be

quation S 18. At a minimum, the

1) The extent of modeled groundwater contamination shall be

determined using the procedures of 35 Ill . Adm. Code 742 or

another model or methodology approved by the Agency . When

modeling the extent of groundwater contamination, the modeling

shall include the impact from soil contamination in concentrations

exceeding the applicable remediation objectives for the soil

component of the groundwater ingestion exposure route

.

3

---

Section 1505.210(e)(2) :

I) All private, semi private, and non community water system well

:D

located within 2,500 feet, of the measured extent of soil

groundwater contaminat ion exceeding the Part 712 or Part 620

2) At a minimum, the expanded well survey shall identify the

following :

A) All private, semi-private, and non-community water system

wells located within 200 feet, and all community water

system wells located within 2,500 feet, of the measured and

modeled extent of groundwater contamination exceeding

the Part 742 or Part 620 remediation objectives for the

groundwater ingestion exposure route ; and

B) All setback zones and regulated recharge areas in which

any portion of the measured and modeled extent of

groundwater contamination exceeding the Part 742 or Part

620 remediation objectives for the groundwater ingestion

exposure route is located

.

exceeding the Part 712 or Part 620 remediation objectives for the

e)

2)

The maps showing the well locations, setback zones and regulated

recharge areas pursuant to subsection (e)(1) of this Section shall

show those areas in relation to the measured and modeled extent of

groundwater contamination exceeding the remediation objectives

of Part 742 or Part 620 for the groundwater ingestion exposure

route

.

romediat on objectives of 35 Ill. Adm. Code 712.Appendix

ingestion route, or, if there is no Table, A orB objective, the

Equation S17, as sot forth in 35 Ill. Admin. Code

742.Appondix C: Table A, and using the procedures of 35

Ill. Admin. Code 620.Subpart F to

determine the

4

---

Section 1505.300(a) :

Section 1505.310(a)(1) :

Sections 1505.310(b) and (b)(1) :

Equation 'S18 ; and

B

The measured and modeled extent of groundwater

e

a)

The purpose of this Subpart C is to establish the minimum standards and

requirements for the development and implementation of community

relations activities in accordance with Section 25d-7 of the Act when the

Agency has authorized the responsible party to provide the notice pursuant

to subsections (a) and (c) of Section 25d-3 of the Act as part of the

Agency-approved community relations activities . In addition, it is the

purpose of this Part to ensure that these community relations activities

fully inform communities and individuals in a timely manner about offsite

impacts or potential impacts from soil or groundwater contamination or

both and the responses to such impacts . This Subpart C contains

requirements for the content, submission for review, distribution and

implementation of fact sheets and community relations plans. Community

Relations Plans , and the establishment and maintenance of document

repositories.

a)

1)

Measured or modeled Soil or groundwater contamination or both

from the site where the release occurred (including the impact from

soil contamination in concentrations exceeding the applicable

remediation objectives for the soil component of the groundwater

ingestion exposure route) poses

pose

a threat above the Class I

groundwater quality standards at 35 Ill . Adm. Code 620 at five or

fewer offsite private, semi-private or non-community water system

wells; or

b)

The person authorized to provide notice as part of community relations

activities and within the limits set forth in

subsection (a) of this Section shall develop a contact list and develop and

distribute a fact sheet in accordance with this subsection

(b) .

1)

The person shall prepare a contact list including, but not limited to,

the following affected, potentially affected or interested persons, as

applicable

:

5

---

Section 1505.310(d) :

Section 1505.315(a)(1) :

A)

Owners

and eecupantc of

properties served by private,

semi-private or non-community water system wells that

have been or may be impacted by groundwater

contamination from the release

;

B)

Owners and occupants of offsite properties with soil

contamination posing a threat of exposure above the

appropriate Tier 1 remediation objectives for the current

use(s) ;

C) Occupants of the properties identified in subsections

(b)(1)(A)and(b)(1)(B)of this Section to the extent

reasonably practicable. The contact list shall include the

methods by which the responsible party has attempted to

identify the occupants;

DC)

ED)

Owners of properties without potable water supply wells

but with groundwater that has been or may be impacted by

groundwater contamination from the release; and

Officials of each unit of government serving the affected

properties, including state and federal legislators, county

board chairs and county clerks, township supervisors, and

mayor or village presidents and city or village clerks

.

Officials of specialized districts (e.g ., school, drainage,

park districts) may be excluded from the contact list unless

required pursuant to subsections (b)(1)(A) through

(b)(1)(D),(b)(1)(B) or (b)(1)(C) of this Section .

d)

Fact sheets and contact lists developed in accordance with this Section

shall be updated and redistributed whenever new information is obtained

or developed or circumstances change so that there is a material change to

the information required or provided in the fact sheet

(e.g., new

data,

completion of site investigation and characterization of the nature and

extent of contaminants, higher concentrations of contaminants than

previously detected, evidence of additional contaminants of concern or of

a larger area affected by contamination, approval of plans or reports,

completion of response action activities) .

a)

1)

Measured or modeled Soil -er groundwater contamination or-beth

from the site where the release occurred (including the impact from

6

---

Sections 1505.315(b) and (b)(1) :

soil contamination in concentrations exceeding the applicable

remediation objectives for the soil component of the groundwater

ingestion exposure route) poses pee a threat above the Class I

groundwater quality standards at 35 Ill. Adm. Code 620 at more

than five offsite private, semi-private or non-community water

system wells or one or more community water system wells; or

b)

The person authorized to provide notice as part of community relations

activities and exceeding the limits set forth in

of subsection (a) of this Section shall develop and implement a community

relations plan Community Relations Plan and fact sheet in accordance with

this subsection (b) .

Section 1505.Appendix A of this Part contains the

outline of a model community relations plan that would be appropriate for

a complex site.

1)

The CRP shall include, but not be limited to, the following

elements to the extent related to the contaminants being addressed

in the response action :

A)

A description of the site or facility and details of the release

and any related soil or groundwater contamination ;

occurred including, but not limited to, a description of the

c trects, homes and businesses, and geographic and other

significant features:

B)

A list of community issues and concerns collected from

affected, potentially affected, and interested parties

identified though the process outlined in subsection

(b)(1)(D)of this Section ;

persons among the affected, potentially arrested- and

7

---

(b)(1)(D)of this Section

.

C)

A community relations program including elements of

outreach, methods for maintaining a dialogue with affected,

potentially affected, and interested parties, and a schedule

for activities and objectives ; and

Commun

ity

Rel

ations

repository shall be outlined in this section of the CRP

.

D)

The process for identifying and updating the contact list,

which shall consist of Contact List : The CRP shall outlinc

affected, potentially

affected, and interested parties including, but not limited to

:

i)

Owners and-eee

is of properties served by

private, semi-private or non-community water

systems that have been or may be impacted by

groundwater contamination from the release ;

ii)

Owners and operators of community water system

wells that have been or may be impacted by

groundwater contamination from the release ;

iii)

Owners of properties without potable water supply

wells but with groundwater that has been or may be

impacted by groundwater contamination from the

release ;

iv)

Owners and eeoupants of offsite properties with soil

contamination posing a threat of exposure above the

appropriate Tier I remediation objectives for the

current use(s) ;

8

---

Section 1505.315(b)(2)(H)

:

b)

2)

H)

The World Wide Web address of the Document Repository

established pursuant to Section 1505.320 1505.315 of this

Part and the address and hours of the document repository

established at a physical location, if also required pursuant

to Section 1505.320 1505.3 15 of this Part ;

Section 1505.315(d) :

d)

Updates :

v) Occupants of the properties identified in subsections

(b)(1)(D)(i)and(b)(1)(D)(iv)of this Section to the

extent reasonably practicable. The community

relations plan shall include the methods by which

the responsible party will attempt to identify the

occupants;

viv)

Local, state and federal officials whose jurisdiction

covers the affected and potentially affected

properties including: mayor or village president, city

or village clerk, township supervisors, county board

chair and county clerk, city and county health

department administrator ; state and federal

legislators; and

viivi)

Citizens, identified groups, organizations or

businesses within a minimum of 1000 feet from the

site where the release occurred that may have an

interest in learning about affected and potentially

affected properties (e.g ., public and private school

administrator(s), Parent-Teacher Association (PTA)

leader(s); day care center, senior center and nursing

home management; neighborhood or homeowner

association or other community leader(s) as

identified; hospital and clinic management; and

recognized environmental or citizen advisory

groups). If approved by the Agency, the initial

minimum distance of 1000 feet maybe expanded or

contracted as the CRP and contact list are updated

based on new information developed during the

response action

.

1)

Fact sheets developed in accordance with subsection (b)(2) of this

Section shall be updated and redistributed whenever new

---

information is obtained or developed or circumstances change so

that there is a material change to the information required or

provided in the fact sheet (e.g ., new data, completion of site

investigation and characterization of the nature and extent of

contaminants, higher concentrations of contaminants than

previously detected, evidence of additional contaminants of

concern or of a larger area affected by contamination, approval of

plans or reports, completion of response action activities)

.

2)

The CRP including, but not limited to, the contact list shall be

reviewed on a regular basis and updated, as necessary, to ensure

that timely and accurate information is provided to affected,

potentially affected and interested parties and communities about

releases of contaminants with actual or potential impacts to offsite

wells , offsite property uses, or both

. A current version of the

publicly available CRP shall be kept in the document repository

described in Section 1505 .320 .

Section 1505.320 :

Persons developing a CRP pursuant to Section 1505 .315 of this Part also shall establish a

document repository for the purpose of displaying documents and providing copies of

those documents. The document repository shall be established at a World Wide Web

site unless the person authorized to provide the notice as part of community relations

activities

or the Agency receives a request for a document

repository at a physical location

. If an individual requests a document repository at a

physical location, the person authorized to provide the notice may satisfy the request by

providing a complete set of copies of the documents to the party making the request . If

two or more individuals, one or more groups of individuals (e.g., citizen or neighborhood

groups, civic organizations), or a local government official or administrator requests a

document repository at a physical location, the person authorized to provide the notice

shall establish and maintain the document repository at bothaWorld Wide Web site and

at a physical location as described under subsection (c) of this Section

. from an affected,

Section 1505.320(a) :

a)

The document repository shall include the community relations plan,

all public notices (e.g ., proof of publication

for newspaper or other published notices, letters, door hangers, or other

forms of public notification), all fact sheets, all applications, plans and

reports submitted to the Agency for review and approval and subsequent

Agency comment packages, and all final determinations by the Agency,

10

---

Section 1505.325(a) :

Section 1505.330(d) :

such as a No Further Remediation Letter, permit modification, or other

project completion documentation

.

a)

Except as provided in subsection cubscct ions (b) er (d3 of this Section or

subsection (d) of Section 1505 .330 of this Part, persons accepting the

Agency's offer to provide notice pursuant to subsections (a) and (c) of

Section 25d-3 of the Act as part of community relations activities shall,

within 30 days of the date of their acceptance :

d)

If the Agency disapproves of a fact sheet or CRP or approves of a fact

sheet or CRP with conditions or modifications, the submitter shall submit

a revised fact sheet, CRP, or both to the Agency within ten days of

receiving the Agency's denial . If the revised fact sheet, CRP, or both are

not received by the Agency within ten days, or if a revised fact sheet or

CRP are not approved on the second Agency review, the Agency, in

addition to any other remedies that may be available, may provide notice

to the public and seek cost recovery from the submitter pursuant to Title

VI-D of the Act, pursue an enforcement action against the submitter for

failure to develop and implement an Agency-approved fact sheet ; or CRP,

or both. In addition to any other defenses that may be available to the

submitter, it shall be a defense to an Agency action to obtain cost recovery

for notification or for an alleged violation of the requirement to develop

and implement an Agency-approved fact sheet or CRP that the fact sheet

or CRP submitted to the Agency and rejected satisfies the requirements for

such documents as set forth in Sections 1505 .310 and 1505.315 of this

Part. This provision does not limit the use of this defense in other

circumstances where appropriate .

Section 1505.Appendix A (new) :

Section 1505.APPENDIX A

Contents of A Model Community Relations Plan

This Appendix A lists the key elements of a community relations plan and several factors

that should be included with each element in a community relations plan prepared for a

complex site. Unless otherwise required by rule, all the factors listed with each element

may not be necessary for each site developing and implementing a community relations

plan pursuant to this Part 1505, but each factor should be considered when developing

any community relations plan

.

I. Site/Facility Description: The CRP should provide for the development a brief

overview of the site where the release occurred including, but not limited to, a

description of the business, site or facility, its current operations, previous land

11

---

uses and previous remedial activities; the nature and extent of known

contamination; and the known or potential threat to public health and the

environment. The overview should include a map to an appropriate scale

detailing the site location and surrounding area and showing roads and streets,

homes and businesses, and geographic and other significant features

.

2 . Community Issues and Concerns : The CRP should provide for the development

of a brief summary of the demographics of the area surrounding the site where the

release occurred including, but not limited to, the approximate percentage of non-

English speaking persons among the affected, potentially affected, and interested

parties and their preferred language, key community concerns, and any preferred

methods of communication as learned through research work, interviews and

surveys of a representative sample of affected, potentially affected and interested

parties identified through the process outlined in the fourth element below

.

3 . Community Relations Program: The CRP should describe the community

relations program objectives, action plan and schedule to keep affected,

potentially affected and interested parties apprised of conditions at the site,

response actions, and actual or potential public health impacts. This section also

should explain how the public will be notified of mailings or meetings . The

contact person(s) and contact information for public inquiries should be clearly

defined. Additionally, details about the location of, and access to, the document

repository should be outlined in this section of the CRP

.

4 . Contact List: The CRP should outline the process for identifying and updating a

contact list and developing a contact database of affected, potentially affected,

and interested parties including, but not limited to

:

Owners and occupants of properties served by private, semi-private or

non-community water systems that have been or may be impacted by

groundwater contamination from the release

;

Owners and operators of community water system wells that have been or

may be impacted by groundwater contamination from the release

;

Owners of properties without potable water supply wells but with

groundwater that has been or may be impacted by groundwater

contamination from the release ;

Owners and occupants of offsite properties with soil contamination posing

a threat of exposure above the appropriate Tier 1 remediation objectives

for the current use(s) ;

Local, state and federal officials whose jurisdiction covers the affected and

potentially affected properties including : mayor or village president, city

or village clerk, township supervisors, county board chair and county

12

---

clerk, city and county health department administrator ; state and federal

legislators; and

Citizens, identified groups, organizations or businesses within a minimum

of 1000 feet from the site where the release occurred that may have an

interest in learning about affected and potentially affected properties(e.g.,

public and private school administrator(s), Parent-Teacher Association

(PTA) leader(s); day care center, senior center and nursing home

management; neighborhood or homeowner association or other

community leader(s) as identified; hospital and clinic management; and

recognized environmental or citizen advisory groups).If approved by the

Agency, the initial minimum distance of 1000 feet may be expanded or

contracted as the CRP and contact list are updated based on new

information developed during the response action .

THIS FILING SUBMITTED ON RECYCLED PAPER .

13

---

STATE OF ILLINOIS

)

COUNTY OF SANGAMON

PROOF OF SERVICE

I, the undersigned, on oath state that I have served the attached Testimony of Gary

P. King, Testimony of Richard P . Cobb, Testimony of Kurt D. Neibergall, and Agency's Errata

Sheet No. 1, upon the persons to whom they are directed, by placing a copy of each in an

envelope addressed to

:

Dorothy Gunn, Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 W. Randolph, Suite 11-500

Chicago, Illinois 60601

(UPS- Next Day)

Matt Dunn

Environmental Bureau Chief

Office of the Attorney General

James R. Thompson Center

100 W. Randolph, 12

th

Floor

Chicago, Illinois 60601

(First Class Mail)

(Attached Service List - First Class Mail)

and mailing them from Springfield, Illinois on March 13, 2006, with sufficient postage

affixed as indicated above .

SUBSCRIBED AND SWORN TO BEFORE ME

is

1~

ay of (k~G (/

,l

Notary Public

THIS FILING SUBMITTED ON RECYCLED PAPER

, 2006 .

Bill Richardson

General Counsel

Illinois Dept. of Natural Resources

One Natural Resources Way

Springfield, Illinois 62702-1271

(First Class Mail)

Amy Antoniolli, Hearing Officer

Illinois Pollution Control Board

James R. Thompson Center

100 W. Randolph, Suite 11-500

Chicago, Illinois 60601

(UPS - Next Day)

,

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OFFICIAL SEAL

BRENDA BOENNER

NOTARY Pt SUC, STALE OF ILUINIIS

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