ILLINOIS POLLUTION CONTROL BOARD

July

3,

1990

STATE OIL COMPANY,

Petitioner,

V.

)

PCB 90—102

)

(Water

Well

Setback

DR.

AND

MRS. JAMES KRONE and

)

Exception)

ILLINOIS ENVIRONNENTAL

PROTECTION AGENCY,

Respondents.

ORDER OF THE BOARD

(by J. Theodore Meyer):

This petition for water well setback exception was filed May

23,

1990.

On June

12, the McHenry County

Defenders

(Defenders)

filed

a letter objecting to grant of the exception.

On June

13,

Dr.

and Mrs.

James Krone

(the Krones)

filed a motion to dismiss,

as well as a response

in opposition to the petition.

On June 26,

State Oil Company

(State Oil)

filed its response to the motion

to

dismiss.

On June 27, the Illinois Environmental Protection Agency

(Agency)

filed

a response to the petition objecting

to grant

of

exception; this response addresses the filings of the Defenders. and

the

Krones.

Finally,

as

the

Board

noted

in

its June

21,

1990

Order, hearing in this matter is presently scheduled for July

30.

The Defenders’

letter,

the Krones’ motion to dismiss, and the

Agency’s response to the petition each identify areas in which the

petition is believed to be informationally deficient;

indeed,

the

Agency specifically agrees with some observations of the Defenders

and the Krones,

and requests that certain information be supplied

in advance of hearing,

specifically by July 23.

(Agency response,

Section

1)

.

In response,

State Oil essentially states its belief

that the petition

is generally adequate,

and that the purpose of

hearing is development of the specific details of the situation.

The Board notes that this is the first case of its type which

has been filed with the Board.

Because this is the case, the Board

will not immediately dismiss the petition, but will require State

Oil

to

amend

its

petition.

If

State

Oil

does

not amend

the

petition,

the

petition will

be subject

to

dismissal

at

a later

date.

While there are some situations

in which deficiencies can

be

remedied at hearing,

that

is

not the case

here.

Given

the

nature of the deficiencies noted by the Agency and the Krones, the

Board believes that a public hearing would not

be meaningful

if

information is not provided to the parties sufficiently in advance

113-

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2

of hearing to allow for thoughtful analysis.

(The Board notes that

at this point the Defenders have not moved for party status in this

proceeding.)

Accordingly,

the Krones’

motion to dismiss this petition is

denied.

The Agency request for additional

information contained

in its June 27 response

is granted.

State Oil is directed to file

an amended petition responding to the informational deficiencies

noted in the Agency’s response,

including but not limited to:

a)

findings and opinions of the consultant hired

to “characterize the extenuating circumstances

attributable

to

the

site

and

subsurface

conditions which could.

.

.mitigate the potential

of contamination of the private well..

b)

hydrogeological and soil information and basic

chemical

components

of

the

product

to

the

stored, information regarding health impacts on

the affected well owners,

economic

impacts

on

the

affected

well

owner

and

information

explaining

the

applicable

technology-based

controls.

c)

a

contingency

plan

to

provide

an

immediate

source of water to the Krones, as well as a plan

which would provide the Krones with a long-term

source of water.

As part of such plan,

State

Oil should ensure that,

at

a minimum, potable

water service may be readily extended from its

property to Dr. Krone’s property as an interim

measure pending extension of

service from the

community water supply.

d)

an explanation of any discrepancies between maps

and data

supplied to state and local agencies

relating

to

placement

of

tanks,

location

of

septic fields,

and placement of wells.

e)

a statement

of the exact distance between the

Krone’s water

supply

and the

location of the

proposed new underground storage tanks.

State

Oil

is,

of

course,

free

to

provide

any

additional

information

it wishes.

The amended petition must be served

in

a

manner

that

insures

its

receipt

by

the

parties,

the

hearing

officer, and the Board on or before July 23, 1990.

The Board also

asks that State Oil send a courtesy copy of its amended petition

to the Defenders.

The Board observes that the July 23 filing deadline may prove

11

3—CU

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3

to

be

impractical.

The

hearing

officer

is

hereby

given

the

authority upon timely motion, to extend the deadline for filing of

the

amended petition

up

to

60

days,

provided that

the

amended

petition

is received no later than seven days prior to the first

scheduled hearing.

Again, the Krone’s motion to dismiss is denied.

However,

if

an amended petition curing the deficiencies noted in this Order is

not

filed

on

or

before

July

23,

1990

or

such

later

date

as

specified by hearing officer order, this petition will be subject

to dismissal.

IT IS SO ORDERED.

I,

Dorothy

M.

Gunn,

Clerk of the Illinois Pollution Control

Board, hereby certif,~that the above Order was adopted on the

~

day of

______________,

1990,

by

a vote of

70•

~

:~

Dorothy M. ~

Clerk

Illinois PojLLution Control Board

113-93