‘TLINOIS POLLUTION CONTROL BOARD

April 23,

1992

IN THE MATTER OF:

)

GROUNDWATER QUALITY STANDARDS:

)

 R89-14(C)

AMENDMENTS TO 35 ILL. ADN. CODE

)

 (Rulemaking)

303,

 616,

AND

620

)

Proposed Rule

 Second First Notice

OPINION

AND

ORDER OF THE BOARD

 (by R.C. Flemal):

Prior to adoption’ of 35

 Iii. Adm. Code:

 Part 620, ground-

waters were subject to the water quality standards found in 35

Ill.

 Adm.

 Code:

 Subtitle C2.

 Now, however, groundwaters have

their own standards found in Part 620.

 To completely bring about

this change it is necessary to delete reference to groundwaters

found in Subtitle C at Section 303.203.

 Section 303.203

currently reads as follows:

Section 303.203

 Underground Waters

The underground waters of Illinois which are a present

or a potential source of water for public or food

processing supply shall meet the general use and public

and food processing water supply standards of Subparts

B and C, Part 302, except due to natural causes.

Today’s proposal would replace this language with the

following:

Section 303.203

 Underground Waters

35 Ill. Adm. Code 302.Subparts B and C do not apply to

 underground waters,

 except as provided at 35

 Ill.

 Adm.

Code 620.450(b).

In the Matter

of:

 Groundwater quality Standards

(34

 Ill.

Adm.

 Code

 620),

 R89—14(B),

 November

7,

 1991;

15

 111.

 Reg.

17614

(December 6,

 1991), effective November 25,

 1991.

2 Subtitle C contains the Board’s Water Quality Regulations.

It

 consists

of

 several

 parts,

 of which Part 302

 (Water Quality

Standards)

 and Part 303

 (Water Use Designations and Site Specific

Water Quality Standards) are pertinent to the instant matter.

 Part

302

is

 divided into subparts,

 of which Subpart A

 (General Water

Quality

 Provisions),

 Subpart

B

 (General

Use

 Water

 Quality

Standards), and Subpart C (Public and Food Processing Water Supply

standards)

 are pertinent to the instant matter.

133—201

—2—

This language differs from that originally proposed for

first notice in this Docket.

 Accordingly, the Board today

withdraws the previous first notice proposal.

It is also necessary that the form of the reference to the

Subtitle C standards at Section 620.450(b)

 be amended to cite

directly to the applicable parts rather than to the applicability

section,

 303.203.

The Board also today offers an amendment to Part 616 at

Section 616.104 necessary to correct a typographical error in

that section (see following discussion).

PROCEDURAL HISTORY

The Board originally proposed to amend Section 303.203 on

September 27,

 1990 at the time it first offered its proposal for

groundwater standards3.

 The form of the proposed amendment was:

Section 303.203

 Underground Waters

The undcrgrouna water3 or iiii.noi~wnicn are

 a pre~cnt

or a potential source of water for public or food

processing supply ~iha1lmeet the general u~eand public

and food proce3sing water supply standards of Subparts

B and C, Part 302, except due to natural causes.

~g

underground waters of Illinois which are groundwater

shall meet the standards set forth in 35 Ill.

 Adin.

 Code

620.

Justification and intended operation of the amendment were

explained as follows:

Although the principal regulations proposed today

consist of new Part 620, the promulgation of Part 620

requires a conforming amendment to Subtitle C.

The

groundwater standards proposed today are intended to

supersede the standards currently applicable to

groundwater, which are found

 in Subtitle C.

 These

currently applicable standards are the General Use and

Public and Food Processing Water Supply Standards of 35

 Ill. Adm.

 Code:

 Subtitle C, which are applicable to

groundwaters pursuant to Section 303.203 of Subtitle C.

The amendment today proposed for Section 303.203

deletes the applicability of the General Use and Public

and Food Processing Water Supply Standards to

In the Matter

of:

 Groundwater Quality

 Standards

(35

 Ill.

Adm.

 Code

 620)

 (Sept

27,

 1990),

 R89—14

 First

 Notice

 Proposal;

published November 2,

 1990 at

14

 Ill.

 Reg.

 17862.

133—202

—3—

groundwater.

 The language is as recommended by the

Agency

 (PC #16,

p.

9).

 (In the Matter of: Groundwater

Quality Standards

 (35 Iii.

 Adin.

 Code 620)

 (Sept.

27,

1990), R89—14,

 115 PCB 177.)

The Board received no comment on either the form or content

of the proposed amendment during the ensuing R89-14 and R89-

14(B)

 hearings or first notice public comment period.

Accordingly, the Board at the next opportunity moved the proposed

amendment to second notice without modification4.

 The Board at

that time repeated the justification and operations statement

made at first notice in September 1990 (see above).

The Board was not able to again visit the proposed Section

 303.203 amendment until November 1991 due to unanticipated delay

in moving the Part 620 regulations forward.

 Unfortunately, this

required returning the Section 303.203 amendment to first notice,

because one year had passed since publication of the original

amendment in the Illinois Register.

 The Board accordingly opened

the instant Docket C for the expressed purpose of continuing the

Section 303.203 amendment5.

The form of the amendment was again exactly as offered in

September 1990 and as previously first and second noticed

 (see

above).

 The Board also again repeated the general justification

and operations statement made within both of the previously first

and second notice opinions.

 However, the Board did add the

additional observations:

It

 is worth noting with regard to both the Part

620 rules and Subtitle C that there is an important

distinction between groundwater and underground water.

Groundwater

 is expressly defined in both the IGPA and

the Illinois Environmental Protection Act:

“GROUNDWATER” MEANS UNDERGROUND WATER WHICH

OCCURS WITHIN THE SATURATED ZONE AND GEOLOGIC

MATERIALS WHERE THE FLUID PRESSURE IN THE

PORE SPACE IS EQUAL TO OR GREATER

THAN

ATMOSPHERIC PRESSURE.

 (Ill. Rev.

 Stat.

 1989,

ch.

 111 1/2, par. 1003.64 and par. 7453(g)).

Conversely,

 underground water

 is defined in the IGPA

(footnote omitted):

In the Matter

of:

 Groundwater quality Standards

(35

 Ill.

Adm. Code 620)

 (July 25, 1991), R89—14

(B)

 Second Notice Proposal.

In the Matter of: Groundwater Quality Standards, Amendments

to

35

 Ill.

 Adm. Code 303

 (Nov.

7,

 1991), R89—14(C),

 First Notice

Proposal; published December 2, 1991, Illinois Register at 15 Ill.

Reg.

 17026.

133—203

—4—

“UNDERGROUND WATER” MEANS ALL WATER BENEATH

THE

LAND

SURFACE.

 (Ill. Rev.

 Stat.

 1989,

ch.

111 1/2, par.

 7453(k)).

Pursuant to these two definitions, “groundwater”

is a subset of “underground waters”.

 Among other

matters,

 it is that subset that occurs within the

saturated zone.

 Not included within groundwater are

underground waters that may occur in unsaturated

portions of the subsurface,

 such as within the aerated

portions of the soil.

 Also not included is the water

normally found in the root zone of crops, since the

roots of most crops do not propagate into the saturated

zone (citation and footnote omitted).

The way Section 303.203 is today proposed to be

amended, underground waters that are groundwaters are

subject to Part 620.

 UndergroUnd waters that are ijp~

 groundwaters remain subject to the Subtitle C

regulations.

(In the Matter of: Groundwater quality Standards,

Amendments to

 35 Ill. Adm. Code 303

 (Nov.

7,

1991),

 R89—14(C),

p.

 1—2.)

The first notice comment period of this proposal expired on

January 16,

 1991,

 45 days after publication of the proposed

amendments in the Illinois Register.

 The Board received three

public comments during that period:

PC #666

 Administrative Code Division of the

Secretary of State’s Office

PC #67

 Illinois Environmental Protection

Agency

 (Agency)

PC #68

 Illinois Department of Commerce and Community

Affairs, Bureau of Business Development

(DCCA)

The Administrative Code Division suggested some format

changes which the Board accepts.

 DCCA found no significant

impact regarding the proposa~l. The Agency’s comments are

discussed below.

6

The public comments were numbered consecutively with those

filed in previous subdockets.

 Public comments

 66 through 71

are

the only comments that pertain to R89-14(C).

133— 204

—5—

Three other comments were received after the close, of the

comment period; the Board acc~ptsthese comments into the record

to prevent material prejudice

:

PC #69

 Illinois Steel Group

PC #70

 Illinois Department of Mines and Minerals

(Mines and Minerals)

PC #71

 Joint Comments of the Illinois Environmental

Protection Agency,

 Illinois Steel Group,

and

Illinois Department of Mines and Minerals

DISCUSSION

In PC #67 the Agency changed its early recommendation that

the applicability to groundwaters of the Subtitle C water quality

standards be completely removed.

 The Agency pointed out that the

water quality standards of Part 302 continue to be used in

certain mining and CERCLA/RCRA contexts,

 including the

establishment of cleanup objectives.

 The Agency also pointed out

that Part 620 at Section 620.450(b)

 contains reference to

Subtitle C8, and that this reference must be accommo~.atedin the

general severance of the standards of Subtitle C and Part 620.

In recognition of these concerns, the Agency proposed that the

existing Section 303.203 be retained, but with an appended

“exception clause”, thusly:

Section 303.203

 Underground Waters

Except as provided in 35 Ill.

 Adm. Code 620 ~t)he

underground waters of Illinois which are a present or a

potential source of water for public or food processing

supply shall meet the general use and public and food

processing water supply standards of Subparts B and C,

Part 302, except due to natural causes.

~ Comments #69 and #70 were accompanied by motions to file.

 The Board grants those motions.

8

~‘~tion 620.450(b),

 titled “Coal Reclamation Groundwater

Quality ~:andards”, identifies the groundwater quality standards

that are applicable in various reclamation circumstances

associated with coal mining.

 The Subtitle C standards apply in

the limited circumstance of certain refuse disposal or coal

preparation plant areas placed into operation after February

1,

1983 and before the effect date Part 620

 (November 25,

 1991),

provided also that the groundwater is

 a present or potential

source of water for public and food processing.

133—205

—6—

In PC #69 the Illinois Steel Group opposed the Agency’s

suggestions made in PC #67,

 stating ‘that the Agency’s changes

were contrary to the Agency’s position taken during the pendency

of the R89-14(B) proceeding,

 and were otherwise not supported by

the record.

In PC #70 Mines and Minerals expressed support for the

amendment proposed by the Agency in PC #67.

 The comment also

provided Mines and Minerals’ view of the development of Section

620.450(b)

In PC #71 the joint commenters, the Agency, Mines and

Minerals,

 and the Illinois Steel Group, expressed a common

perspective and make a joint recommendation.

 The common

perspective is:

The Agency, the Department and ISG agree that the

 Illinois Groundwater Protection Act and the recently

adopted Groundwater Quality Standards,

35

 Ill.

 Adin.

Code 620, were intended to replace the General Use and

Public and Food Processing Water Supply Standards,

Subparts B and C, with respect to the saturated and the

unsaturated zones of “underground waters” of Section

303.203, except for specific exceptions listed in Part

620.

In order to be consistent with the provision

described above,

 underground water should be exempt

from the requirements of Subparts B and C of Part 302.

The one exception in Part 620 which requires imposition

of Subparts B and C of Section 302 involves the

Alternative Groundwater Quality Standards of

Subsections 620.450(b) (4) (A), 620.450(b) (5) (A), and

620.450(b) (7) (A) for certain mining activities.

 These

provisions specifically incorporate the existing

Section 303.203 application of Part 302 water quality

standards.

Accordingly, the parties of these comments agree

that the general water and public water supply

standards of Section 303.203 are not appropriate for

“underground waters”.

 The amendments as proposed below

recognize that the Part 620 groundwater standards

replace the Subparts B and C of Part 302 for

“underground waters” except

 in Section 620.450(b) where

the standards of Subparts B and C of Part 302 apply.

PC #71 at 1—2.

For the purposes of today’s action, the Board adopts the

 joint commenters’

 analysis.

 It should be noted that this

analysis does differ from that presented in the previous Board

133—206

—7—

opinions in that groundwaters and non-groundwater underground

waters are not treated differently.

The joint

 coittinenters propose implementing their analysis by

amending Section 303.203

 in the following manner:

Section 303.203

 Underground Waters

The uj~ndergroundwaters of Illinois shall be subiect to

the provisions of

 35 Ill. Adm. Code 620 and not

Subparts B and C of Part 302, except as provided in 35

Ill.

 Adin.

 Code 620.450(b)

 in which case the standards

of Subparts B and C of Part 302. except due to natural

causes.

 shall apply to underground waters of Illinois

which are a present or a potential source of water for

public or food processing supply shall meet the general

use and public and food processing water supply

standards of Subparts B and C, Part 302,

 except due to

natural causes.

While the Board agrees that this proposed language achieves

the desired end,

 it believes that it gets there with unnecessary

difficulty.

 Accordingly, the Board today proposes

 a simpler

version of the same:

Section 303.203

 Underground Waters

35 Ill.

 Adin. Code 302.Subparts B and C do not apply to

 underground waters, except as provided at 35 Ill. Adm.

Code 620.450(b)The underground waters of Illinois which

are a present or a potential source of water for public

or food processing supply shall meet the general use

and public and food processing water supply standards

of Subparts B and C, Part 302, except due to natural

causes.

Additionally,

 it is necessary that Section 620.450(b) be

amended.

 Currently the pertinent portions of the section cite to

Section 303.203, which is an applicability statement.

 The proper

form is to cite directly to the applicable standards.

The

standards are the standards of Subparts B and Cof Part 302.

Accordingly,

 it is today proposed to replace the four citations

to 35 Ill.

 Ad1n. Code 303.203 with citation to 35 Ill.

 Adm. Code

302.Subparts B and C.

 The phrase “except due to natural causes”

is also added at each occurrence to expressly state this

otherwise implied concept and in conformance with the joint

coinmenters’

 intent.

CORRECTION

The Board notes that .the Joint Committee on Administrative

Rules alerted it to a typographical error

 in’ Section 616.104(b).

133—207

—8—

The error consists of a phrase inadvertently dropped from the

subsection.

 The subsection quotes statutory language.

 The Board

proposes to correct this oversight in this docket so as to make

 the correction as expeditiously as possible.

ORDER

The Board directs the Clerk of the Board to cause first

notice publication of the following amendments in the Illinois

Register,

 and to withdraw the previously proposed amendments to

Section 303.203.

TITLE 35:

 ENVIRONMENTAL PROTECTION

SUBTITLE C:

 WATER POLLUTION

CHAPTER

I:

 POLLUTION CONTROL BOARD

PART

303

WATER USE DESIGNATIONS

AND

SITE SPECIFIC

WATER QUALITY STANDARDS

SUBPART B:

 NONSPECIFIC WATER USE DESIGNATIONS

Section 303.203

 Underground Waters

35

 Ill.

 Adm. Code 302.Subparts B and C do not apply to

underground waters,

 except as provided at 35

 Ill. Adm. Code

620.450(b)The underground wQters of Illinois which are a present

or a potential source of water for public or food processing

supply shall meet the general use and public and food processing

water supply standards of Subparts. B and

C,

 Part 302, except due

to natural causes.

133—208

—9—

TITLE 35:

ENVIRONMENTAL

PROTECTION

SUBTITLE F: PUBLIC WATER SUPPLIES

CHAPTER

POLLUTION

CONTROL

BOARD

PART

616

NEW

ACTIVITIES

SETBACK

ZONE

REGULATED

RECHARGE

 AREA

SUBPART

GENERAL

Section

616.104

 Exceptions to Prohibitions

THE

OWNER

NEW

POTENTIAL

PRIMARY

SOURCE

POTENTIAL

SECONDARY SOURCE

MAY

SECURE A WAIVER FROM THE prohibitions

specified in Sections 616.402(a),

 616.422(a),

 616.442,

616.462(a),

 616.602,

 616.622, 616.702

 or 616.722(a) against

construction or operation within the setback zone FOR A

POTABLE

WATER

SUPPLY

WELL

OTHER

THAN

COMMUNITY

WATER

SUPPLY.

WRITTEN

REQUEST

FOR

WAIVER

SHALL

MADE

THE

OWNER

THE

WATER

WELL

AND

THE

AGENCY.

SUCH

REQUEST

SHALL

IDENTIFY

THE

NEW

PROPOSED

POTENTIAL

SOURCE,

SHALL

GENERALLY DESCRIBE THE POSSIBLE EFFECT OF SUCH POTENTIAL

SOURCE

UPON

THE

WATER

WELL

AND

ANY

APPLICABLE

TECHNOLOGY-

BASED

CONTROL

WHICH

WILL

UTILIZED

MINIMIZE

THE

POTENTIAL

FOR

CONTAMINATION,

AND

SHALL

STATE

WHETHER,

AND

UNDER

WHAT

CONDITIONS,

THE

REQUESTOR

WILL

PROVIDE

ALTERNATIVE

POTABLE

WATER

SUPPLY.

WAIVER

MAY

GRANTED

THE

OWNER

THE

WATER

WELL

LESS

 THAN

DAYS

AFTER

RECEIPT

UNLESS

PRIOR

SUCH

TIME

THE

AGENCY

NOTIFIES

THE

WELL

OWNER

THAT

DOES

NOT

CONCUR

WITH

THE

REQUEST.

(Section

14.2(b)

the

Act)

THE

AGENCY

SHALL

NOT

CONCUR

WITH

ANY

SUCH

REQUEST

WHICH

FAILS

ACCURATELY

DESCRIBE

REASONABLY

FORESEEABLE

EFFECTS

THE

POTENTIAL

SOURCE

POTENTIAL

ROUTE

UPON

THE

WATER

WELL

ANY

APPLICABLE

TECHNOLOGY-BASED

CONTROLS.

SUCH

NOTIFICATION

THE

AGENCY

SHALL

WRITING,

AND

SHALL

INCLUDE

STATEMENT

REASONS

FOR

THE

NONCONCURRENCE.

WAIVER

THE

MINIMUM

 SETBACK ZONE SHALL EXTINGUISH THE

WATER

WELL

OWNER’S

RIGHTS

UNDER

SECTION

THE

ILLINOIS

WATER

WELL

CONSTRUCTION

CODE

BUT

SHALL

NOT

PRECLUDE

ENFORCEMENT

 ANY LAW

REGARDING

WATER

POLLUTION.

THE

OWNER

THE

WATER

WELL

HAS

NOT

GRANTED

WAIVER

WITHIN

120

DAYS

AFTER

RECEIPT

THE

REQUEST

THE

AGENCY

HAS

 NOTIFIED

THE

OWNER

THAT

DOES

NOT

CONCUR

WITH

THE

REQUEST,

THE

OWNER

POTENTIAL

SOURCE

POTENTIAL

ROUTE

MAY

FILE

PETITION

FOR

EXCEPTION

WITH

THE

BOARD

AND

THE

AGENCY

PURSUANT

subsection

(b)

 OF THIS SECTION.

 (Section

14.2(b)

the

Act)

c)

 NO WAIVER UNDER THIS SECTION

REQUIRED

WHERE

THE

POTABLE

WATER

SUPPLY

WELL

PART

PRIVATE

WATER

SYSTEM

DEFINED

THE

ILLINOIS

GROUNDWATER

PROTECTION

ACT,

AND

THE

OWNER

SUCH

WELL

WILL

ALSO

THE

OWNER

NEW

POTENTIAL

SECONDARY

SOURCE

POTENTIAL

ROUTE.

SUCH

INSTANCES,

PROHIBITION

FEET

SHALL

APPLY

AND

THE

OWNER

SHALL

133—209

—10—

NOTIFY

THE

AGENCY

THE

INTENDED

ACTION

THAT

THE

AGENCY

MAY

PROVIDE

INFORMATION

REGARDING THE POTENTIAL HAZARDS

ASSOCIATED

WITH

LOCATION

POTENTIAL

SECONDARY

SOURCE

POTENTIAL

ROUTE

 PROXIMITY TO A POTABLE WATER SUPPLY

WELL.

(Section

14.2(b)

the

Act)

THE

BOARD

 MAY GRANT

EXCEPTION

FROM

THE

SETBACK

REQUIREMENTS

THIS

SECTION

AND

SECTION

14.3

THE

OWNER

NEW

POTENTIAL

PRIMARY

SOURCE

OTHER

 THAN

LANDFILLING

LAND

TREATING,

NEW

PO~~ENTIAL

SECONDARY

SOURCE.

THE

OWNER SEEKING

EXCEPTION

WITH

RESPECT

COMMUNITY

WATER

SUPPLY WELL SHALL FILE A PETITION WITH THE BOARD AND THE

AGENCY.

 THE OWNER SEEKING AN EXCEPTION WITH RESPECT TO A

POTABLE

WATER

SUPPLY

WELL

SHALL

FILE

PETITION

WITH

THE

BOARD

AND

THE

AGENCY,

AND

SET

FORTH

THEREIN

THE

CIRCUMSTANCES

UNDER

WHICH

WAIVER

HAS

BEEN

SOUGHT

BUT

NOT

OBTAINED

PURSUANT

subsection

(a)

THIS

SECTION.

PETITION

SHALL

ACCOMPANIED

PROOF

THAT

THE

OWNER

EACH

POTABLE

WATER

 SUPPLY WELL FOR WHICH SETBACK

REQUIREMENTS

WOULD

AFFECTED

THE

REQUESTED

EXCEPTION

HAS

BEEN

NOTIFIED

AND

BEEN

PROVIDED

WITH

COPY

THE

PETITION.

PETITION

SHALL

SET

FORTH

SUCH

FACTS

MAY

REQUIRED

SUPPORT

EXCEPTION,

INCLUDING

GENERAL

DESCRIPTION

THE

POTENTIAL

IMPACTS

SUCH

POTENTIAL

SOURCE

POTENTIAL

ROUTE

UPON

GROUNDWATERS

AND

THE

AFFECTED

WATER

WELL,

AND

EXPLANATION

THE

APPLICABLE

TECHNOL~OGY-

BASED

CONTROLS

WHICH

WILL

UTILIZED

MINIMIZE

THE

POTENTIAL

FOR

CONTAMINATION

THE

POTABLE

WATER

SUPPLY

WELL.

 (Section

14.2(c)

the

Act)

e)

 THE BOARD SHALL GRANT AN EXCEPTION, WHENEVER IT IS FOUND

UPON PRESENTATION OF ADEQUATE PROOF, THAT COMPLIANCE WITH

THE SETBACK REQUIREMENTS OF THIS SECTION WOULD POSE AN

ARBITRARY AND UNREASONABLE HARDSHIP UPON THE PETITIONER,

THAT THE PETITIONER WILL UTILIZE THE BEST AVAILABLE

TECHNOLOGY CONTROLS ECONOMICALLY ACHIEVABLE TO MINIMIZE THE

LIKELIHOOD OF CONTAMINATION OF THE POTABLE WATER SUPPLY

WELL, THAT THE MAXIMUM FEASIBLE ALTERNATIVE SETBACK WILL BE

UTILIZED, AND THAT THE LOCATION OF SUCH POTENTIAL SOURCE OR

POTENTIAL ROUTE WILL NOT CONSTITUTE A SIGNIFICANT HAZARD TO

THE POTABLE WATER SUPPLY WELL.

 (Section 14.2(c)

 of the Act)

f)

 A DECISION MADE BY THE BOARD PURSUANT TO THIS SUBSECTION

SHALL CONSTITUTE A FINAL DETERMINATION.

 (Section 14.2(c)

of

the Act)

g)

 THE GRANTING OF

AN EXCEPTION BY THE

BOARD

SHALL

NOT

 EXTINGUISH THE WATER WELL OWNER’S RIGHTS UNDER SECTION 6b OF

THE ILLINOIS WATER WELL CONSTRUCTION CODE IN INSTANCES WHERE

THE OWNER HAS ELECTED NOT TO PROVIDE A WAIVER PURSUANT TO

subsection

 (a) OF THIS SECTION.

 (Section 14.2(a)

 of the

Act)

133—2 10

—11—

TITLE

35:

ENVIRONMENTAL

 PROTECTION

SUBTITLE F: PUBLIC WATER SUPPLIES

CHAPTER

 I: POLLUTION CONTROL BOARD

PART

620

GROUNDWATER QUALITY

Section 620.450

 Alternative Groundwater Quality Standards

a)

 Groundwater Quality Restoration Standards

1)

 Any chemical constituent

 in groundwater within a

groundwater management zone is subject to this

Section.

2)

 Except as provided in subsections

 (a) (3)

or

(a) (4), the standards as specified in Sections

620.410,

 620.420,

 620.430, and

620.440 apply to

any chemical constituent in groundwater within a

groundwater management

 zone.

3)

 Prior to completion of a corrective action

described in Section 620.250(a), the standards as

specified

Sections

620.410,

620.420,

620.430,

and 620.440 are not applicable to such released

chemical constituent, provided that the initiated

 action proceeds in a timely and appropriate

manner.

4)

 After completion of a corrective action as

described

Section

620.250(a),

the

standard

for

such

released

chemical

constituent

is:

A)

 The standard as set forth in Section 620.410,

620.420,

 620.430,

 or 620.440,

 if the

concentration as determined by groundwater

monitoring of such constituent

 is less than

or equal to the standard for the appropriate

class set forth in those sections;

or

B)

 The concentration as determined by

groundwater monitoring,

 if such concentration

exceeds the standard for the appropriate

class set forth in Section 620.410,

 620.420,

620.430,

 or 620.440 for such constituent,

and:

the

extent

practicable,

the

exceedence has been minimized and

beneficial use,

 as appropriate for the

class of groundwater, has been returned;

and

133—2 11

—12—

ii)

 Any threat to public health or the

environment has been minimized.

5)

 The Agency shall develop and maintain a listing of

concentrations derived pursuant to subsection

(a) (4) (B).

 This list shall be made available to

the public and be updated periodically, but no

less frequently than semi-annually.

 This listing

shall be published in the Environmental Register.

b)

 Coal Reclamation Groundwater Quality Standards

1)

 Any inorganic chemical constituent or pH in

groundwater, within an underground coal mine,

or

within the cumulative impact area of groundwater

for which the hydrologic balance has been

disturbed

from

permitted

coal

mine

area

pursuant

the

 Surface Coal Mining Land Conservation and

Reclamation

Act

(Ill.

Rev.

Stat.

1989,

ch.

1/2,

pars.

7901.1

seq.,

amended)

and

Ill.

Adm.

Code

1700

 through 1850,

 is subject to this

Section.

2)

 Prior to completion

 o.f reclamation at a coal mine,

the

standards

specified

Sections

620.410(a)

and

(d),

620.420(a)

and

(e),

620.430

and

620.440

are

not

applicable

inorganic

constituents

and

pH.

After

completion

reclamation

coal

mine,

the

standards

specified

 Sections 620.410(a)

and

 (d),

 620.420(a),

 620.430,

 and 620.440 are

applicable to inorganic constituents and pH,

except:

The

concentration

total

dissolved

solids

(TDS) must not exceed:

i)

 The post—reclamation concentration or

3000 mg/L, whichever is less,

for

groundwater within the permitted area;

or

ii)

 The post—reclamation concentration of

TDS must not exceed the post-reclamation

concentration or 5000 mg/L, whichever is

less,

 for groundwater in underground

coal mines and in permitted areas

reclaimed after surface coal mining if

the Illinois Department of Mines and

Minerals and the Agency have determined

that no significant resource groundwater

133—2 12

—13—

existed.prior to mining

 (62 Ill. Adm.

Code 1780.21(f)

 and (g)); and

B)

 For chloride,

 iron,

 manganese and sulfate,

the post—reclamation concentration within the

permitted area must not be exceeded.

C)

 For pH, the post—reclamation concentration

 within the permitted area must not be

exceeded within Class I: Potable Resource

Groundwater as specified in Section

620.210 (a) (4).

4)

 A refuse disposal area (not contained within the

area from which overburden has been removed)

is

subject to the inorganic chemical constituent and

pH requirements of:

A)

 35 Ill. Adm.

 Code 303.203 302.Subparts B and

C,

 except due to natural causes,

 for such

area that was placed into operation after

February

1,

 1983,

 and before the effective

date of this Part,

 provided that the

groundwater is a present or a potential

source of water for public or food

processing;

B)

 Section 620.440(c)

 for such area that was

placed into operation prior to February

1,

1983, and has remained in ‘continuous

operation since that date;

or

C)

 Subpart D for such area that is placed into

operation on or after the effective date of

this Part.

5)

 For a refuse disposal area

 (not contained within

the area from which overburden has been removed)

that was placed into operation prior to February

1,

 1983, and is modified after that date to

include additional area, this Section applies to

the area that meets the requirements of subsection

(b) (4) (C)

 and the following applies to the

 additional area:

A)

35

 Ill. Adm.

 Code 303.203

 302.Subparts B and

C,

 except due to natural causes,

 for such

additional refuse disposal area that was

placed into operation after February 1,

 1983,

and before the effective date of this Part,

provided that the groundwater

 is a present or

a potential source of water for public or

food processing; and

133—2 13

—14—

B)

 Subpart D for such additiona’l area that was

placed into operation on or after the

effective date of this Part.

6)

 A coal preparation plant

 (not located in an area

from which overburden has been removed) which

contains slurry material,

 sludge or other

precipitated process material,

 is subject to the

inorganic chemical constituent and pH requirements

of:

A)

 35 Ill. Adm. Code 303.203 302.Subparts B and

C,

 except due to natural causes,

 for such

plant that was placed into operation after

February 1,

 1983, and before the effective

date of this Part, provided that the

groundwater

 is a present or a potential

source of water for public or food

processing;

B)

 Section 620.440(c)

 for such plant that was

placed into operation prior to February

1,

1983,

 and has remained in continuous

operation since that date; or

C)

 Subpart D for such plant that is placed into

operation on or after the effective date of

this

Part.

7)

 For a coal preparation plant

 (not located in an

area from which overburden has been removed) which

contains slurry material,

 sludge or other

precipitated process material,

 that was placed

into operation prior to February

1,

 1983, and is

modified after that date to include additional

area,

 this Section applies to the area that meets

the requirements of subsection

 (b) (6) (C) and the

following applies to the additional area:

A)

35

 Ill. Adm. Code 303.203 302.Subparts B and

C, except due to natural causes,

 for such

additional area that was placed into

operation after February

1,

 1983, and before

the effective date of this Part,

 provided

that the groundwater is a present or a

potential source of water for public or food

processing; and

B)

 Subpart D for such additional area that was

placed into operation on or after the

effective date of this Part.

13 3—2 14

—15—

ORDERED.

I,

 Dorothy M.

 Gunn,

 Clerk of the Illinois Pollution Control

Board,

 hereby certify

ihat

 the above o~inior~and order was

adopted on the

~3’~’~-.

 day of

~-~-L~-L.

 1992, by

avoteof

7—0

Dorothy M. ~1nn, Clerk

Illinois P~lutionControl Board

133—2 15