ILLINOIS POLLUTION CONTROL BOARD
February 28, 1991
IN THE MATTER OF:
)
GROUNDWATER QUALITY STANDARDS
)
R89-14, Docket A & B
(35 ILL. ADM. CODE 620)
)
(Rulemaking)
PROPOSED RULE
FIRST NOTICE
ORDER OF THE BOARD (by R.C. Flemal):
On February 19, 1991 the Illinois Environmental Protection
Agency (“Agency”) filed an alternate proposal in this proceeding
(PC #47). The Board today splits the docket in this proceeding
and sends the Agency’s new proposal to First Notice as Docket B.
The Board’s proposal published in the Illinois Register on
November 2, 1990 (14 Ill. Reg. 17822, 17862) will remain under
Docket A and will remain active.
It is to be noted that today’s proposal is offered as filed
by the Agency, without alteration by the Board other than as may
have been occasioned by adapting the proposal to the Board’s word
processing system and for Illinois Register publication
requirements.
The Board emphasizes that in taking this action, it today
adopts ~1Q substantive position concerning the merits, either
technical or economic, of the proposal or any of its facets.
The Board believes that sending the proposal to First Notice
now maximizes the opportunity for public comment on the Agency’s
new proposal, while simultaneously assisting the most expeditious
disposition of this matter. Towards these ends, the Board
particularly requests comment on any aspect of the proposal.
Interested persons should note the particulars regarding
submission of public comments as presented in the Hearing
Officer’s Order of this same date.
The Board further notes that it has received post hearing
comments, some of which pertain to the Agency’s new proposal.
The Board will consider these during First Notice on Docket B.
The Board hereby offers for First Notice the following
additions to 35 Ill. Adm. Code: Subtitle F. The Clerk of the
Board is directed to file these proposed amendments and rules
with the Secretary of State.
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TITLE 35: ENVIRONNENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 620
GROUNDWATER QUALITY
SUBPART A: GENERAL
Section
620.105 Purpose
620.110 Definitions
620. 115 Prohibition
620.125 Incorporations by Reference
620.130 Exemption from General Use Standards and Public and
Food Processing Water Supply Standards
620.135 Exclusion for Underground Water in Certain Nan-Made
Conduits
SUBPART B: GROUNDWATER CLASSIFICATION
Section
620.201 Groundwater Designations
620.210 Class I: Potable Resource Groundwater
620.220 Class II: General Resource Groundwater
620.230 Class III: Special Resource Groundwater
620.240 Class IV: Other Groundwater
620.250 Groundwater Management Zone
620.260 Reclassification of Groundwater by Adjusted Standard
SUBPART C: NONDEGRADATION PROVISIONS FOR APPROPRIATE
GROUNDWATERS
Section
620.301 General Prohibition Against Use Impairment of Resource
Groundwater
620.302 Applicability of Notification Limitations and
Preventive Response Activities
620.305 Notification Limitations and Procedures
620.310 Preventive Response Activities
SUBPART D: GROUNDWATER QUALITY STANDARDS
Section
620.401 Applicability
620.405 General Prohibitions Against Violations of Groundwater
Quality Standards
620.410 Groundwater Quality Standards for Class I: Potable
Resource Groundwater
620.420 Groundwater Quality Standards for Class II: General
Resource Groundwater
620.430 Groundwater Quality Standards for Class III: Special
Resource Groundwater
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620. 440
620.450
Groundwater Quality Standards for Class IV: Other
Groundwater
Alternative Groundwater Quality Standards
SUBPART E: GROUNDWATER MONITORING AND ANALYTICAL PROCEDURES
Section
620. 505
620.510
Section
620. 601
620.605
620. 610
620.615
Appendix A
Appendix B
Appendix C
Compliance Procedures
Monitoring and Analytical Requirements
SUBPART F: HEALTH ADVISORIES
Purpose of a Health Advisory
Issuance of a Health Advisory
Publishing Health Advisories
Additional Health Advice for Mixtures of Similar-Acting
Substances
Procedures for Determining Human Threshold
Toxicant Advisory Concentration for Class I:
Potable Resource Groundwater
Procedures for Determining Hazard Indices for
Class I: Potable Resource Groundwater for Mixtures
of Similar—Acting Substances
Guidelines for Determining When Dose Addition of
Similar—Acting Substances in Class I: Potable
Resource Groundwaters is Appropriate
AUTHORITY: Implementing and authorized by Section 8 of the
Illinois Groundwater Protection Act (Ill. Rev. Stat. 1989, ch.
111 1/2, par. 7458).
SOURCE: Adopted at
Ill. Reg.,
effective
NOTE: Capitalization denotes statutory language.
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SUBPART A: GENERAL
Section 620.105
Purpose
This Part prescribes various aspects of groundwater quality,
including method of classification of groundwaters,
nondegradation provisions, standards for quality of groundwaters,
and various procedures and protocols for the management and
protection of groundwaters.
Section 620.110
Definitions
The definitions of the Environmental Protection Act (Ill. Rev.
Stat. 1989, ch. 111 1/2, par. 1001 et seq.) and the Groundwater
Protection Act (Ill. Rev. Stat. 1989, ch. ill 1/2, pars. 7451 et
seq.) apply to this Part unless otherwise provided. The
following definitions also apply to this Part.
“Act” means the Environmental Protection Act (Ill. Rev.
Stat. 1989, ch. 111 1/2, pars. 1001 et seq.).
“Agency” means the Illinois Environmental Protection
Agency.
“AQUIFER” MEANS SATURATED (WITH GROUNDWATER) SOILS AND
GEOLOGIC MATERIALS WHICH ARE SUFFICIENTLY PERMEABLE TO
READILY YIELD ECONOMICALLY USEFUL QUANTITIES OF WATER
TO WELLS, SPRINGS, OR STREAMS UNDER ORDINARY HYDRAULIC
GRADIENTS. (Ill. Rev. Stat. 1989, ch. 111 1/2, par.
7453 (b)
“BETX” means the sum of the concentrations of benzene,
ethylbenzene, toluene, and xylenes.
“Board” means the Illinois Pollution Control Board.
“Carcinogen” means a chemical, or complex mixture of
closely related chemicals, which has been finally
determined in accordance with USEPA Guidelines for
Carcinogenic Risk Assessment, incorporated by reference
at Section 620.125, to be a group A, B1, or B2
carcinogen.
“COMMUNITY WATER SUPPLY” MEANS A
PUBLIC SUPPLY WHICH
SERVES OR IS INTENDED TO SERVE AT LEAST 15 SERVICE
CONNECTIONS USED BY RESIDENTS OR REGULARLY SERVES AT
LEAST 25 RESIDENTS. (Ill. Rev. Stat. 1989, ch. 111 1/2
par. 1003.05)
“CONTAMINANT” MEANS ANY SOLID, LIQUID, OR GASEOUS
MATTER, ANY ODOR, OR ANY FORM OF ENERGY, FROM WHATEVER
SOURCE. (Ill. Rev. Stat. 1989, ch. 111 1/2, par.
1003. 06)
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“Corrective action process” means those procedures and
practices that may be imposed by a regulatory agency
when a determination has been made that contamination
of groundwater has taken place, and are necessary to
address a potential or existing violation of the
standards set forth in Subpart D.
“Cumulative impact area” means the area, including the
coal mine area permitted under the Surface Coal Mining
Land Conservation Act (Ill. Rev. Stat. 1989, ch. 96
1/2, pars. 7901.01 et seq., as amended) and 62 Ill.
Adm. Code 1700 through 1850, within which impacts
resulting from the proposed operation may interact with
the impacts of all anticipated mining on surface water
and groundwater systems.
“Detect” or “detection” are defined as follows:
“Method Detection Limit” or “MDL”
means the
minimum concentration of a substance that can be
measured as reported with 99 percent confidence
that the true value is greater than zero. (54 Fed.
Reg. 22100); or
“Method Quantitation Limit” or “MQL” means the
minimum concentration of a substance that can be
measured and reported. (“Test Methods for
Evaluating Solid Wastes, Physical/ Chemical
Methods,” EPA Publication No. SW-846 (Third
Edition, 1986, as amended by Revision I (December
1987))
“Department” means the Illinois Department of Energy
and Natural Resources.
“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)
“Hydrologic balance” means the relationship between the
quality and quantity of water inflow to, water outflow
from, and water storage in a hydrologic unit such as a
drainage basin, aquifer, soil zone, lake, or reservoir.
It encompasses the dynamic relationships among
precipitation, runoff, evaporation, and changes in
ground and surface water storage.
“IGPA” Means the Illinois Groundwater Protection Act.
(Ill. Rev. Stat. 1989, ch. 111 1/2, pars. 7451 et seq.)
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“LOAEL” or “Lowest observable adverse effect level”
means the lowest tested concentration of a chemical or
substance which produces a statistically significant
increase in frequency or severity of non—overt adverse
effects between the exposed population and its
appropriate control. LOAEL may be determined for a
human population (LOAEL-H) or an animal population.
(LOAEL-A)
“NOAEL” or “No observable adverse effect level” means
the highest tested concentration of a chemical or
substance which does not produce a statistically
significant increase in frequency or severity of non—
overt adverse effects between the exposed population
and its appropriate control. NOAEL may be determined
for a human population (NOAEL-H) or an animal
population (NOAEL-A)
“NON-COMMUNITY WATER SUPPLY” MEANS A PUBLIC WATER
SUPPLY THAT IS NOT A COMMUNITY WATER SUPPLY. (Ill.
Rev. Stat. 1989, ch. 111 1/2 par. 1003.05)
“Off—site” means any site that is not on—site.
“On—site” means the same or geographically contiguous
property which may be divided by public or private
right—of—way, provided the entrance and exit between
properties is at a crossroads intersection and access
is by crossing as opposed to going along the
right—of-way. Noncontiguous properties owned by the
same person but connected by a right—of—way which he
controls and to which the public does not have access
is also considered on—site property.
“Operator” means the person responsible for the
operation of a facility or unit.
“Owner” means the person who owns a site or part of a
site, or who owns the land on which the site is
located.
“POTABLE” MEANS GENERALLY FIT FOR HUMAN CONSUMPTION IN
ACCORDANCE WITH ACCEPTED WATER SUPPLY PRINCIPLES AND
PRACTICES.
(Ill. Rev. Stat. 1989, ch. 111 1/2, par.
7453 (h))
“POTENTIAL PRIMARY SOURCE” MEANS ANY UNIT AT A FACILITY
OR SITE NOT CURRENTLY SUBJECT TO A REMOVAL OR REMEDIAL
ACTION WHICH: IS UTILIZED FOR THE TREATMENT, STORAGE,
OR DISPOSAL OF ANY HAZARDOUS OR SPECIAL WASTE NOT
GENERATED AT THE SITE; OR IS UTILIZED FOR THE DISPOSAL
OF MUNICIPAL WASTE NOT GENERATED AT THE SITE, OTHER
THAN
LANDSCAPE WASTE AND CONSTRUCTION AND DEMOLITION
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DEBRIS; OR IS UTILIZED FOR THE LANDFILLING, LAND
TREATING, SURFACE IMPOUNDING OR PILING OF ANY HAZARDOUS
OR SPECIAL WASTE THAT IS GENERATED ON THE SITE OR AT
OTHER SITES OWNED, CONTROLLED OR OPERATED BY THE SAME
PERSON; OR STORES OR ACCUMULATES AT ANY TIME MORE THAN
75,000 POUNDS ABOVE GROUND, OR MORE
THAN
7,500 POUNDS
BELOW GROUND, OF ANY HAZARDOUS SUBSTANCES. (Ill. Rev.
Stat. 1989, ch. 111 1/2, par. 1003.59)
“POTENTIAL ROUTE” MEANS ABANDONED AND IMPROPERLY
PLUGGED WELLS OF
ALL KINDS, DRAINAGE WELLS, ALL
INJECTION WELLS, INCLUDING CLOSED LOOP HEAT PUMP WELLS,
AND ANY EXCAVATION FOR THE DISCOVERY, DEVELOPMENT OR
PRODUCTION OF STONE, SAND OR GRAVEL. (Ill. Rev. Stat.
1989, ch. 111 1/2, par. 1003.58)
“POTENTIAL SECONDARY SOURCE” MEANS ANY UNIT AT A
FACILITY OR A SITE NOT CURRENTLY SUBJECT TO A REMOVAL
OR REMEDIAL ACTION, OTHER THAN A POTENTIAL PRIMARY
SOURCE, WHICH: IS UTILIZED FOR THE LANDFILLING,
LAND
TREATING, OR SURFACE IMPOUNDING OF WASTE THAT IS
GENERATED ON THE SITE OR AT OTHER SITES OWNED,
CONTROLLED OR OPERATED BY THE SAME PERSON, OTHER
THAN
LIVESTOCK
AND LANDSCAPE WASTE, AND CONSTRUCTION AND
DEMOLITION DEBRIS;
OR STORES OR ACCUMULATES AT ANY TIME
MORE THAN 25,000 BUT NOT MORE THAN 75,000 POUNDS ABOVE
GROUND, OR MORE
THAN
2,500 BUT NOT MORE
THAN
7,500
POUNDS BELOW GROUND, OF ANY HAZARDOUS SUBSTANCES; OR
STORES OR ACCUMULATES AT ANY TIME MORE THAN 25,000
GALLONS ABOVE GROUND, OR MORE THAN 500 GALLONS BELOW
GROUND, OF PETROLEUM, INCLUDING CRUDE OIL OR ANY
FRACTION THEREOF WHICH IS NOT OTHERWISE SPECIFICALLY
LISTED OR DESIGNATED AS A HAZARDOUS SUBSTANCE; OR
STORES OR ACCUMULATES PESTICIDES, FERTILIZERS, OR ROAD
OILS FOR PURPOSES OF COMMERCIAL APPLICATION OR FOR
DISTRIBUTION TO RETAIL SALES OUTLETS; OR STORES OR
ACCUMULATES AT ANY TIME MORE
THAN
50,000 POUNDS OF ANY
DE-ICING AGENT; OR IS UTILIZED FOR HANDLING LIVESTOCK
WASTE OR FOR TREATING DOMESTIC .WASTEWATERS OTHER THAN
PRIVATE SEWAGE DISPOSAL SYSTEMS AS DEFINED IN THE
“PRIVATE SEWAGE DISPOSAL LICENSING ACT”. (Ill. Rev.
Stat. 1989, ch. 111 1/2, par. 1003.60)
“Practical Quantitation Limit” or “PQL” means the
lowest concentration or level that can be reliably
measured within specified limits of precision and
accuracy during routine laboratory operating conditions
as set forth in Section 620.125.
“Previously mined area” means land disturbed or
affected by coal mining operations that was not
reclaimed prior to February 1, 1983.
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(Board Note: February 1, 1983, is the effective date of
the Illinois permanent program regulations implementing
the Surface Coal Mining Land Conservation and
Reclamation Act (Ill. Rev. Stat. 1989, ch. 96 1/2,
pars. 7901.1 et seq., as amended) as codified in 62
Ill. Adm. Code 1700 through 1850.)
“Property class” means the class assigned by a tax
assessor to real property for purposes of real estate
taxes.
(Board Note: The property class rural property,
residential vacant land, residential with dwelling,
commercial residence, commercial business, commercial
office, or industrial is identified on the property
record card maintained by the tax assessor in
accordance with the Illinois Real Property Appraisal
Manual February 1987, published by the Illinois
Department of Revenue, Property Tax Administration
Bureau.)
“PUBLIC WATER SUPPLY” MEANS ALL MAINS, PIPES AND
STRUCTURES THROUGH WHICH WATER IS OBTAINED AND
DISTRIBUTED TO THE PUBLIC, INCLUDING WELLS AND WELL
STRUCTURES, INTAKES AND CRIBS, PUMPING STATIONS,
TREATMENT PLANTS, RESERVOIRS, STORAGE TANKS AND
APPURTENANCES, COLLECTIVELY OR SEVERALLY, ACTUALLY USED
OR INTENDED FOR USE FOR THE PURPOSE OF FURNISHING WATER
FOR DRINKING OR GENERAL DOMESTIC USE AND WHICH SERVE AT
LEAST 15 SERVICE CONNECTIONS OR WHICH REGULARLY SERVE
AT LEAST 25 PERSONS AT LEAST 60 DAYS PER YEAR. A
PUBLIC WATER SUPPLY IS EITHER A “COMMUNITY WATER
SUPPLY” OR A “NON-COMMUNITY WATER SUPPLY”. (Ill. Rev.
Stat. 1989, ch. 111 1/2 par. 1003.28)
“Regulated entity” means a facility or unit regulated
for groundwater protection by any State or federal
agency.
“Regulatory agency” means the Illinois Environmental
Protection Agency, Department of Public Health,
Department of Agriculture, Department of Mines and
Minerals, and the Office of State Fire Marshall.
“REGULATED RECHARGE AREA” MEANS A COMPACT GEOGRAPHIC
AREA, AS DETERMINED BY THE BOARD pursuant to Section
17.4 of the Act, THE GEOLOGY OF WHICH RENDERS A POTABLE
RESOURCE GROUNDWATER PARTICULARLY SUSCEPTIBLE TO
CONTAMINATION.
(Ill. Rev. Stat.
1989, ch. 11. 1/2
par.
1003.67)
“RESOURCE GROUNDWATER” MEANS GROUNDWATER THAT
IS
PRESENTLY
BEING OR IN THE FUTURE CAPABLE OF BEING PUT
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TO BENEFICIAL USE BY REASON OF BEING OF SUITABLE
QUALITY. (Ill. Rev. Stat. 1989, ch. lii
1/2,
par.
7453(j))
“SETBACK ZONE” MEANS A GEOGRAPHIC AREA, DESIGNATED
PURSUANT TO THIS ACT, CONTAINING A POTABLE WATER SUPPLY
WELL OR A POTENTIAL SOURCE OR POTENTIAL ROUTE HAVING A
CONTINUOUS BOUNDARY, AND WITHIN WHICH CERTAIN
PROHIBITIONS OR REGULATIONS ARE APPLICABLE IN ORDER TO
PROTECT GROUNDWATERS. (Ill. Rev. Stat. 1989, ch. 111
1/2 par. 1003.61)
“Site” means any location, place, tract of land and
facilities, including but not limited to buildings and
improvements.
“Spring” means a natural surface discharge of an
aquifer from rock or soil.
“Threshold dose” means the lowest dose of a chemical at
which a specified measurable effect is observed and
below which it is not observed.
“Treatment” means the technology, treatment techniques,
or other procedures for compliance with 35 Ill. Adm.
Code: Subtitle F.
“UNIT” MEANS ANY DEVICE, MECHANISM, EQUIPMENT, OR AREA
(EXCLUSIVE OF LAND UTILIZED ONLY FOR AGRICULTURAL
PRODUCTION). (Ill. Rev. Stat. 1989, ch. 111 1/2, par.
1003.62)
“USEPA” or “U.S. EPA” means the United States
Environmental Protection Agency.
Section 620.115
Prohibition
No person shall cause, threaten or allow a violation of the Act,
the IGPA or regulations adopted by the Board thereunder,
including but not limited to this Part.
Section 620.125
Incorporations by Reference
a) The Board incorporates the following material by
reference:
1) ASTM. Available from: ASTM, 1916 Race Street,
Philadelphia, Pa. 19103:
A) “Annual Book of ASTM Standards, Section 8
Plastics,” Volume 08.04 (PCN): 01—080484—19.
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2) EMSL. Available from Environmental Monitoring
Systems Laboratory, Office of Research and
Development, USEPA, Cincinnati, Ohio 45268, (513-
569—7562):
A) “Methods for Chemical Analysis of Water and
Wastes,” EPA Publication No. EPA—600/4—79—
020, (March 1983).
B) “Methods for the Determination of Organic
Compounds in Drinking Water,” EPA, EMSL, EPA-
600/4—88/039 (Dec. 1988).
3) GPO. Available from: Superintendent of Documents,
U.S. Government Printing Office, Washington, D.C.
20401, (202—783—3238)
A) “Practical Guide for Ground-Water Sampling,”
EPA Publication No. EPA/600/2-851l04
(September 1985).
B) “RCRA Groundwater Monitoring Technical
Enforcement Guidance Document,” EPA
Publication No. OSWER—9950.1 (September
1986)
C) “Test Methods for Evaluating Solid Wastes,
Physical/Chemical Methods,” EPA Publication
No. SW-846 (Third Edition, 1986, as amended
by Revision I (December 1987).
D) USEPA Guidelines for Carcinogenic Risk
Assessment, 51 Fed. Reg 33992—34003
(September 24, 1986).
E) 40 CFR 141, 142 and 143 (1990)
F) 40 CFR 300 (1990)
G) 54 Fed. Reg. 22062—22160 (May 22, 1989).
H) 54 Fed. Peg. 3526—3597 (January 30, 1991).
4) USGS. Available from: Distribution Branch, United
States Geological Survey, 604 South Pickett
Street, Alexandria, VA 22304, (703—648—7411):
A) “Techniques of Water Resources Investigations
of the United States Geological Survey,
Guidelines for Collection and Field Analysis
of Ground-Water Samples for Selected Unstable
Constituents,” Book I, Chapter D2 (1981).
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b) This Section incorporates no later editions or
amendments.
Section 620.130
Exemption from General Use Standards and
Public and Food Processing Water Supply
Standards
Groundwater is not required to meet the general use standards and
public and food processing water supply standards of 35 Ill. Adni.
Code 302.Subparts B and C.
Section 620.135
Exclusion for Waters in Certain Man-Made
Conduits
This Part does not apply to waters contained in man—made
subsurface drains, tunnels, reservoirs, storm sewers, tiles or
sewers.
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SUBPART B: GROUNDWATER CLASSIFICATION
Section 620.201
Groundwater Designations
All groundwaters of the State are designated as:
a) One of the following four classes of groundwater in
accordance with Sections 620.210 through 620.240:
1) Class I: Potable Resource Groundwater
2) Class II: General Resource Groundwater;
3) Class III: Special Resource Groundwater;
4) Class IV: Other Groundwater; or
b) A groundwater management zone in accordance with
Section 620.250.
Section 620.210
Class I: Potable Resource Groundwater
Except as provided in Sections 620.230, 620.240, or 620.250,
Potable Resource Groundwater is:
a) Groundwater located 10 feet or more below the land
surface and within:
1) The minimum setback zone of a well which serves as
a potable water supply and to the bottom of such
well;
2) Unconsolidated sand, gravel or sand and gravel
which is 5 feet or more in thickness and that
contains 12 percent or less of fines (i.e. fines
which pass through a No. 200 sieve tested
according to ASTM Standard Test Method D2487-83);
3) Sandstone which is 10 feet or more in thickness,
or fractured carbonate which is 15 feet of more in
thickness; or
4) Any geologic material which is capable of a
sustained groundwater yield of 150 gallons per day
or more from a thickness of 15 feet or less, using
an appropriate test method.
b) Any groundwater which is determined by the Board
pursuant to petition procedures set forth in Section
620.260, to be capable of potable use.
Section 620.220
Class II: General Resource Groundwater
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Except as provided in Section 620.250, General Resource
Groundwater is:
a) Groundwater which does not meet the provisions of
Section 620.210 (Class I), Section 620.230 (Class III),
or Section 620.240 (Class IV)
b) Groundwater which is found by the Board, pursuant to
the petition procedures set forth in Section 620.260,
to be capable of agricultural, industrial, recreational
or other beneficial uses.
Section 620.230
Class III: Special Resource Groundwater
Except as provided in Section 620.250 and as determined by the
Board pursuant to procedures set forth in Section 620.260,
Special Resource Groundwater is groundwater of high value that is
vulnerable to contamination and that is:
a) Demonstrably unique (e.g., irreplaceable sources of
groundwater) and suitable for application of a water
quality standard more stringent than the otherwise
applicable water quality standard specified in Subpart
D; or
b) Vital for a particularly sensitive ecological system.
Section 620.240
Class IV: Other Groundwater
Except as provided in Section 620.250, Other Groundwater is:
a) Groundwater within the zone of attenuation as provided
for a permitted landfill in 35 Ill. Adm. Code 811;
b) Groundwater that naturally contains more than 10,000
mg/L of total dissolved solids;
C) Groundwater which has been designated by the Board as
an exempt aquifer pursuant to 35 Ill. Adm. Code
730.104; or
d) Groundwater which underlies a potential primary or
secondary source, in which contaminants may be present,
provided that:
1) The outermost edge is the closest practicable
distance, but does not exceed a lateral distance
of 25 feet from the edge of such potential source
or the property boundary, whichever is less, and a
depth of 15 feet from the bottom of such potential
source or the land surface, whichever is greater;
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2) The source of any release of contaminants to
groundwater has been controlled;
3) Migration of contaminants within the site
resulting from a release to groundwater has been
minimized;
4) Any on—site release of contaminants to groundwater
has been managed to prevent migration off—site;
and
5) No potable water well exists in such groundwater.
e) Groundwater within a previously mined area, unless
monitoring demonstrates that the groundwater is capable
of beneficial use consistent with the standards as
provided in Sections 620.410 or 620.420. In the event
that such beneficial use is determined, groundwater
within the previously mined area shall not be Class IV.
Section 620.250
Groundwater Management Zone
a) Within any class of groundwater, a groundwater
management zone may be established as a three
dimensional region containing groundwater being managed
to mitigate impairment caused by the release of
contaminants from a site:
1) That is subject to a corrective action process
approved by the Agency; or
2)
For which the owner or operator provides a written
confirmation to the Agency that an equivalent
corrective process is being undertaken in a timely
and appropriate manner. Such confirmation shall
be provided in a form as prescribed by the Agency.
b) A groundwater management zone is established upon
concurrence by the Agency that the conditions as
specified in subsection (a) are met. Typical actions
which may take place within such zone include, but are
not limited to, the following:
1) Containment of contaminants;
2) Treatment of contaminants; or
3) Use or exposure controls.
c) A groundwater management zone may be established for a
period of time consistent with implementation of a
process as described in subsection (a). In the event
that restoration concentrations, as specified in
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Section 620.450(a) (4) (B), remain in groundwater at the
site following completion of such a process, the Agency
shall review the on—going adequacy of controls and
continued management at the site. Such review shall
take place no less often than every 5 years and the
results shall be presented in a written report.
d) A groundwater management zone shall expire upon
appropriate documentation which confirms:
1) Attainment of applicable standards as set forth in
Subpart D; or
2) Effectuation of enforceable measures that preclude
human exposure to on—site restoration
concentrations in groundwater.
Section 620.260
Reclassification of Groundwater by Adjusted
Standard
Any person may petition the Board to reclassify a groundwater in
accordance with the procedures for adjusted standards specified
in Section 28.1 of the Act and 35 Ill. Adm. Code l06.Subpart G.
In any proceeding to reclassify specific groundwater by adjusted
standard, in addition to the requirements of 35 Iii. Adm. Code
106.Subpart G, and Section 28.1(c) of the Act, the petition
shall, at a minimum, contain information to allow the Board to
determine:
a) The specific groundwater for which reclassification is
requested, including but not limited to geographical
extent of any aquifers, depth of groundwater, and rate
and direction of groundwater flow and that the specific
groundwater exhibits the characteristics of the
requested class as set forth in Sections 620.210(e),
620.220(b), 620.230, or 620.240(b);
b) Whether the proposed change or use restriction is
necessary for economic or social development, by
providing information including, but not limited to,
the impacts of the standards on the regional economy,
social benefits such as loss of jobs or closing of
facilities, and economic analysis contrasting the
health and environmental benefits with costs likely to
be incurred in meeting the standards would be
beneficial or necessary;
c) Existing and anticipated uses of the specific
groundwater;
d) Existing and anticipated quality of the specific
groundwater;
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e) Existing and anticipated contamination, if any, of the
specific groundwater;
f) Technical feasibility and economic reasonableness of
eliminating or reducing contamination of the specific
groundwater or of maintaining existing water quality;
g) The anticipated time period over which contaminants
will continue to affect the specific groundwater;
h) Existing and anticipated impact on any potable water
supplies due to contamination;
i) Availability and cost of alternate water sources or of
treatment for those users adversely affected;
j) Negative or positive effect on property values; and
k) For special resource groundwater, negative or positive
effect on:
1) The quality of surface waters; and
2) Wetlands, natural areas, and the life contained
therein, including endangered or threatened
species of plant, fish or wildlife listed pursuant
to the Endangered Species Act 16 U.S.C. 1531 et
seq., or the Illinois Endangered Species
Protection Act (Ill. Rev. Stat. 1989, ch. 8, par.
331 et seq.).
119—142
—17—
SUBPART C: NONDEGRADATION PROVISIONS FOR APPROPRIATE
GROtJNDWATERS
Section 620.301
General Prohibition Against Use Impairment of
Resource Groundwater
a) No person shall cause, threaten or allow the release of
any contaminant to a resource groundwater such that:
1) Treatment or additional treatment is necessary to
continue an existing use or to assure a potential
use of such groundwater; or
2)
An existing or potential use of such groundwater
is precluded.
b) Nothing in this Section shall prevent the establishment
of a groundwater management zone pursuant to Section
620. 250.
Section 620.302
Applicability of Notification Limitations and
Preventive Response Activities
a) Notification limitations and preventive response as
specified in Sections 620.305 through 620.310 shall
apply to:
1) Class I groundwater, which is monitored by the
persons listed in subsection (b), and is located
within:
A) A setback zone;
B) A regulated recharge area;
C) 50 feet of the land surface; or
2) Class III groundwater which is monitored by the
persons listed in subsection (b).
b) For purposes of subsection (a), the persons that
conduct groundwater monitoring are:
1) An owner or operator of a regulated entity for
which groundwater quality monitoring must be
performed pursuant to State or Federal law or
regulation;
2) An owner or operator of a public water supply well
who conducts groundwater quality monitoring; or
3) A state agency which is authorized to conduct or
is the recipient of groundwater quality monitoring
119— 143
—18—
data (e.g., Illinois Environmental Protection
Agency, Department of Public Health, Department of
Conservation, Department of Mines and Minerals,
Department of Agriculture, Office of State Fire
Marshall or Department of Energy and Natural
Resources).
Section 620.305
Notification Limitations and Procedures
a) Pursuant to groundwater quality monitoring as described
in Section 620.302, a notification limitation shall
apply to a specified groundwater whenever a
contaminant:
1) Listed under Section 620.310(a) (3) (A) is detected
(except due to natural causes) in Class I
groundwater; or
2) Subject to a standard under Section 620.430 is
detected (except due to natural causes) in Class
III groundwater.
b) When a notification limitation applies to groundwater
which is monitored by a regulated entity for the
subject contaminant, the owner or operator of the site
shall confirm the detection by resampling the
monitoring well. This resamplirig shall be made within
30 days of the date on which the first sample analyses
are received. The owner or operator shall provide
notice to the appropriate regulatory agency of the
results of the resampling analysis within 30 days of
the date on which the sample analyses are received, but
no later than 90 days after the results of the first
samples were received.
c) When a notification limitation applies to groundwater
which is monitored by a regulatory agency, such agency
shall notify the owner or operator of the site where
the detection has occurred. The owner or operator
shall confirm the detection by resampling within 30
days of the date of the notice by the regulatory
agency. The owner or operator shall provide notice to
the regulatory agency of the results of the resaiupling
analysis within 30 days of the date on which the sample
analyses are received, but no later than 90 days after
the results of the first samples were received.
d) When a notice of a confirmed detection has been
provided by an owner or operator pursuant to this
Section, additional detections of the same contaminant
do not require further notice, provided that the
groundwater quality conditions are substantially
119—144
—19—
unchanged or that preventive response is underway for
such contaminant.
Section 620.310
Preventive Response Activities
a) The following preventive assessment shall be
undertaken:
1) If a notice under Section 620.305(c) is provided
by a community water supply:
A) The Agency shall notify the owner or operator
of any identified potential primary source,
potential secondary source, potential route,
or community water supply well that is
located within 2,500 feet of the wellhead.
B) The owner or operator notified under
subsection (a) (1) (A) shall, within 30 days of
the date of issuance of such notice, sample
each water well or monitoring well for the
contaminant identified in the notice if the
contaminant or material containing such
contaminant is or has been stored, disposed,
or otherwise handled at the site. If a
contaminant identified under Section
620.305(a) is detected, then the well shall
be resampled within 30 days of the date on
which the first sample analyses are received.
The results of each analysis shall be
reported to the Agency within 90 days of the
date of issuance of the notice.
C) If the Agency receives analytical results
under subsection (a) (1) (B) that show a
contaminant identified under Section
620.305(a) has been detected, the Agency
shall:
i) Conduct a well site survey pursuant to
Section 17.1(d) of the Act, if such a
survey has not been previously conducted
within the last 5 years; and
ii) Identify those sites or activities which
represent a hazard to the continued
availability of groundwaters for public
use unless a groundwater protection
needs assessment has been prepared
pursuant to Section 17.1 of theAct.
2) The Department of Public Health shall conduct a
sanitary survey within 500 feet of the wellhead or
119—145
—20—
wellheads if a notice under Section 620.305(c) is
provided by a non—community water supply or for
multiple private water supply wells.
3) If a notice under Section 620.305(b) is provided
by the owner or operator of a regulated entity and
the applicable standard in Subpart D has not been
exceeded:
A) The appropriate regulatory agency shall
determine if any of the following occurs for
Class I: Potable Resource Groundwater:
i) The levels set forth below are exceeded:
Constituent
Criteria
(nig /1)
para—Dichlorobenzene
0.005
ortho-Dichlorobenzene
0. 01
Ethylbenzene
0.03
Styrene
0.01
Toluene
0.04
Xylenes
0.02
ii) For a constituent other than those
identified in subsections (a) (3) (A) (i)
or (iii), a statistically significant
increase occurs above background (as
determined pursuant to other regulatory
procedures (e.g., 35 Ill. Adm. Code 616,
724, 725 or 811)) for arsenic, cadmium,
chromium, cyanide, lead or mercury
(except due to natural causes); or for
aldicarb, atrazine, carbofuran, endrin,
lindane (gamma—hexachior cyclohexane),
2 ,4—D, 1, l-dichloroethylene,
cis-1, 2-dichioroethylene,
I
2-dichloroethylene,
methoxychior, monochlorobenzene,
2,4,5—TP (Silvex) and
1,1, 1-trichloroethane.
iii) For a chemical constituent of gasoline,
diesel fuel, or heating fuel, the
constituent exceeds the following:
Constituent
Criterion
(mg/l)
Benzene
0.005
BETX
0.095
119—146
—21—
(Board Note: Constituents that are carcinogens
have not been listed in subsection (a) (3) (A)
because the standard is set at the PQL and any
exceedance thereof is a violation subject to
corrective action.)
B) The appropriate agency shall determine if,
for Class III: Special Resource Groundwater,
the levels as determined by the Board are
exceeded.
C) The appropriate regulatory agency shall
consider whether the owner or operator
reasonably demonstrates that:
i) The contamination is as a result of
contaminants remaining in groundwater
from a prior release for which
appropriate action was taken in
accordance with laws and regulations in
existence at the time of the release;
ii) The source of contamination is not due
to the on—site release of contaminants;
or
iii) The detection resulted from error in
sampling, analysis, or evaluation.
D) The appropriate regulatory agency shall
consider actions necessary to minimize the
degree and extent of contamination.
b) Based on the considerations in subsection (a) (3) as
well as other relevant factors, the appropriate
regulatory agency shall determine whether a preventive
response shall be undertaken at a site.
c) After completion of preventive response pursuant to
authority of an appropriate regulatory agency, the
concentration of a contaminant in groundwater shall not
exceed 50 percent of the applicable numerical standard
in Subpart D.
d) Nothing in this Section shall in any way limit the
authority of the State or of the United States to
require or perform any corrective action process.
119— 147
—22—
SUBPART D: GROUNDWATER QUALITY STANDARDS
Section 620.401 Applicability
Groundwaters shall meet the standards appropriate to the
groundwater’s class as specified in this Subpart and the
nondegradation provisions of Subpart C.
Section 620.405
General Prohibition Against Violations of
Groundwater Quality Standards
No person shall cause, threaten or allow the release of any
contaminant to groundwater so as to cause a groundwater quality
standard set forth in this Subpart to be exceeded.
Section 620.410
Groundwater Quality Standards for Class I:
Potable Resource Groundwater
a) Inorganic Chemical Constituents
Except due to natural causes or as provided in Section
620.450, concentrations of the following chemical
constituents shall not be exceeded in Class I
groundwater:
Constituent
Units
Standard
Arsenic
mg/i
0.05
Barium
mg/l
2
Cadmium
mg/l
0.005
Chloride*
mg/i
200
Chromium
mg/I
0.1
Copper
mg/i
5
Cyanide
mg/i
0.2
Fluoride
mg/l
4.0
Iron*
mg/l
5
Lead
mg/i
0.05
Manganese
mg/l
0.15
Mercury
mg/l
0.002
Nitrate as N
mg/l
10
Radium—226
pCi/i
20
Radium-228
pCi/i
20
Selenium
mg/i
0.05
Silver
mg/l
0.05
Sulfate*
mg/i
400
Total Dissolved
Solids (TDS)* mg/l
1,200
*Denotes standards that apply only in aquifers.
b) Organic Chemical Constituents
119—148
—23—
Except due to natural causes or as provided in Section
620.450 or subsection
(C),
concentrations of the
following organic chemical constituents shall not be
exceeded in Class I groundwater:
Constituent
Aiachlor*
Aldicarb
Atraz me
Benzene*
Carbofuran
Carbon Tetrachloride*
Chlordane*
Endrin
Heptachlor*
Heptachlor Epoxide*
Lindane (Gamma—Hexach1cr
cyclohexane)
2
,
4—D
ortho—Dichlorobenzene
para—Dichlorobenzene
1, 2-Dichloroethane*
1, 1-Dichioroethyiene
cis-1, 2-Dichioroethylene
,
2-Dichloroethylene
1, 2—Dichloropropane*
Ethylbenz ene
Methoxychlor
Monochiorobenzene
Pentachlorophenol
*
Polychiorinated Biphenyls
(PCB’s) (as decachloro-
biphenyl)
*
Styrene
2,4,5—TP (Silvex)
Tetrach loroethylene*
Toluene
Toxaphene*
1,1, i-Trichloroethane
Trichioroethylene*
Vinyl Chioride*
Xylenes
*Denotes a carcinogen.
c) Complex Organic Chemical Mixtures
Standard
(ing
/1)
0.002
0. 003
0. 003
0.005
0.04
0.005
0.002
0.002
0. 0004
0.0002
0. 0002
0.07
0.6
0.075
0.005
0.007
0.07
0.1
0. 005
0.7
0. 04
0.1
0.001
0.0005
0.1
0.05
0.005
1
0.003
0.2
0.005
0.002
10
Concentrations of the following chemical constituents
of gasoline, diesel fuel, or heating fuel shall not be
exceeded in Class I groundwater:
119—149
—24—
Constituent
Standard
(mg/i)
Benzene*
0.005
BETX
11.705
*Denotes a carcinogen.
d) pH
Except due to natural causes, a pH range of 6.5
—
9.0
units shall not be exceeded in Class I groundwater.
Section 620.420
Groundwater Quality Standards for Class II:
General Resource Groundwater
a) Inorganic Chemical Constituents
1) Except due to natural causes or as provided in
Section 620.450 or subsection (a)(3) or (d),
concentrations of the following chemical
constituents shall not be exceeded in Class II
groundwater:
Constituent
Standard
(mg /1)
Arsenic
0.2
Barium
2
Cadmium
0.05
Chromium
1
Cobalt
i
Cyanide
0.6
Fiuoride
4.0
Lead
0.1
Mercury
0.01
Nitrate as N
100
2) Except as provided in Section 620.450 or
subsection (a) (3) or (d), concentrations of the
following chemical constituents shall not be
exceeded within an aquifer which is 10 feet or
more from the land surface:
Constituent
Standard
(mg/i)
Boron
2.0
Chloride
200
Copper
0.5
Iron
5
Manganese
10
Nickel
2
119—150
—25—
Selenium
0.02
Total Dissolved Solids
(TDS)
1,200
Sulfate
400
Zinc
10
3) For a site within the industrial property class,
any concentration of an inorganic chemical
constituent listed in subsection (a) (1) or (a) (2)
shall not apply to groundwater within fill
material or within the upper 5 feet of parent
material under fill material that was placed on
such a site prior to the effective date of this
Part and for which:
A) On-site surficial characteristics have been
altered by the placement of such fill
material so as to cause the concentration as
specified in subsection (a) (1), (a) (2), or
(e) to be exceeded;
B) The placement of such fill material does not
cause any concentration as specified in
subsection (a) (1), (a) (2), or (e) to be
exceeded off—site; and
C) The existing on-site concentration, as
determined by groundwater monitoring and
documented, of such chemical constituent is
not exceeded after the effective date of this
Part.
4) For purposes of subsection (a) (3), the term “fill
material” means earthen materials, slag, ash,
clean demolition debris, or other similar
materials.
b) Organic Chemical Constituents
1) Except due to natural causes or as provided in
Section 620.450 or subsection (b) (2) or (d),
concentrations of the following organic chemical
constituents shall not be exceeded in Class II
groundwater:
Constituent
Standard
(mg/i)
Alachlor*
0.010
Aldicarb
0.015
Atrazine
0.015
Benzene*
0.025
Carbofuran
0.2
119—15 1
—26—
Carbon Tetrachloride*
0.025
Chlordane*
0.01
Endrin
0.01
Heptachlor*
0.002
Heptachlor Epoxide*
0.01
Lindane (Gamma-Hexachlor
cyclohexane)
0.0002
2,4—D
0.35
ortho—Dichlorobenzene
1.5
para-Dichlorobenzene
0.375
1, 2—Dichloroethane*
0.025
1 ,1—Dichloroethylene
0.035
cis-1, 2—Dichloroethylene
0.2
,
2—Dichloroethylene
0.5
1, 2-Dichloropropane*
0.025
Ethylbenzene
1.0
Methoxychior
0.2
Monochlorobenzene
0.5
Pentachlorophenol*
0.005
Phenols
0.1
Polychiorinated Biphenyls
(PCB’s) (as decachioro-
biphenyl)*
0.0025
Styrene
0.5
2,4,5—TP
0.25
Tetrachioroethylene*
0.025
Toluene
2.5
Toxaphene*
0.015
1, 1, 1—Trichioroethane
1.0
Trichloroethylene*
0.025
Vinyl Chloride*
0.01
Xylenes
10
*Denotes a carcinogen.
2) For a site used for agricultural crop production,
the standards for pesticide chemical constituents
listed in subsection (b) (1) shall not apply to
groundwater within 5 feet of the land surface or
the mature root zone, whichever is greater, but
not to exceed 10 feet from the land surface,
provided that the concentrations of such
constituents result from the application of
pesticides in a manner consistent with the
requirements of the Federal Insecticide, Fungicide
and Rodenticide Act (7 U. S. C. 136 et seq.) and
the Illinois Pesticide Act (Ill. Rev. Stat. 1989,
ch. 5, pars. 801 et seq.).
d) Complex Organic Chemical Mixtures
119— 152
—27—
Concentrations of the following organic chemical
constituents of gasoline, diesel fuel, or heating fuel
shall not be exceeded in Class II groundwater:
Constituent
Standard
(mg/i)
Benzene*
0.025
BETX
13.525
*Denotes a carcinogen.
e) pH
Except due to natural causes, a pH range of 6.5
—
9.0
units shall not be exceeded in Class II groundwater of
10 feet or more from the land surface. This
requirement shall apply only in aquifers.
Section 620.430
Groundwater Quality Standards for Class III:
Special Resource Groundwater
Specific standards for Class III: SpecIal Resource Groundwater
will be established by the Board in accordance with procedures
set forth in Section 620.260.
Section 620.440
Groundwater Quality Standards for Class IV:
Other Groundwater
a) Except as provided in subsection (b), Class IV: Other
Groundwater standards are equal to the existing
concentrations of constituents in groundwater.
b) For groundwater within a zone of attenuation for a
permitted landfill, the standards specified in Section
620.420 shall not be exceeded, except for
concentrations of contaminants within leachate
discharged from a permitted unit.
c) For groundwater within a previously mined area, the
standards set forth in Section 620.420 shall not be
exceeded, except for concentrations of TDS, chloride,
iron, manganese, or sulfates. For concentrations of
TDS, chloride, iron, manganese, or sulfates, the
standards are the existing concentrations.
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.
119—153
—28—
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 shall apply
to any chemical constituent in groundwater within
a groundwater management zone.
3) Prior to completion of a process described in
Section 620.250(a), the standards as specified in
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 process as described in
Section 620.250(a) under which the maximum
practicable restoration of beneficial use, as
appropriate for the class of groundwater, has been
achieved and any threat to public health or the
environment has been minimized, the standard for
such released chemical constituent is:
A) The concentration as set forth in Section
620.410, 620.420, 620.430, or 620.440, if the
restoration concentration as determined by
groundwater monitoring of such constituent is
less than or equal to the concentration for
the appropriate class set forth in those
sections; or
B) The restoration concentration, if such
concentration exceeds the concentration for
the appropriate class set forth in Section
620.410, 620.420, 620.430, or 620.440 for
such constituent.
5) The Agency shall develop and maintain a listing of
restoration concentrations as 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 a permitted coal mine area pursuant
to the Surface Coal Mining Land Conservation and
Reclamation Act (Ill. Rev. Stat. 1989, ch. 96 1/2,
119—154
—29—
pars. 7901.1 et seq., as amended) and 62 Ill. Adm.
Code 1700 through 1850, is subject to this
Section. This Section shall not apply to:
A) A refuse disposal area that is not contained
within the area from which overburden has
been removed. This Section shall apply to a
refuse disposal area that was placed in
operation prior to February 1, 1983, and:
i) Has remained in continuous operation
since that date; or
ii) Is modified after February 1, 1983, to
include additional area, in which case
this Section shall not apply to the
additional area but shall apply to the
area that meets the requirements of
subsection (b) (1) (A) (i).
B) A coal preparation plant which contains
slurry material, sludge or other precipitated
process material. This Section shall apply
to such a plant that was placed in operation
prior to February 1, 1983, and:
i) Has remained in continuous operation
since that date; or
ii) Is modified after February 1, 1983, to
include additional area, in which case
this Section shall not apply to the
additional area but shall apply to the
area that meets the requirements of
subsection (b) (1) (B) (i).
2) Prior to completion of reclamation at a coal mine,
the standards as specified in Sections 620.410(a)
and (d), 620.420(a) and (e), 620.430, and 620.440
are not applicable to inorganic chemical
constituents and pH.
3) After completion of reclamation at a coal mine,
the standards as specified in Sections 620.410(a)
and (d), 620.420(a) and (e), 620.430, and 620.440
are applicable to inorganic chemical constituents
and pH, except:
A) The concentration of total dissolved solids
(TDS) shall not exceed:
i) The post—reclamation concentration or
3000 mg/i, whichever is less, for
119—155
—30—
groundwater within the permitted area;
or
ii) The post—reclamation concentration of
TDS shall not exceed the
post—reclamation concentration or 5000
mg/i, 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 existed prior to
mining; and
B) For chloride, iron, manganese and sulfate,
the post—reclamation concentration within the
permitted area shall not be exceeded.
119— 156
—31—
SUBPART E: GROUNDWATER MONITORING AND ANALYTICAL PROCEDURES
Section 620.505
Compliance Procedures
a) Compliance with standards at a site shall be determined
as follows:
1) For a structure (e.g., buildings), at the closest
practical distance beyond the outermost edge for
the structure.
2) For groundwater that underlies a potential primary
or secondary source, the outermost edge of such
source as specified in Section 620.240(d).
3) For a groundwater management zone, as specified in
a corrective action process.
b) Compliance with this Part shall be determined at any
point at which groundwater monitoring is conducted
using any water well or monitoring well that meets the
following conditions:
1) For a potable well other than a community water
supply well, a construction report has been filed
with the Department of Public Health for such
potable well, or such well has been located and
constructed (or reconstructed) to meet the
Illinois Water Well Construction Code (Ill. Rev.
Stat. 1989, ch. 111 1/2, pars. 116.111 et seq., as
amended) and 35 Ill. Adm. Code 920.
2) For a community water supply well, such well has
been permitted by the Agency, or has been
constructed in accordance 35 Ill. Adm. Code
602. 115.
3) For a water well other than a potable water well
(e.g., a livestock watering well or an irrigation
well), a construction report has been filed with
the Department of Public Health or the Department
of Mines and Minerals for such well, or such well
has been located and constructed (or
reconstructed) to meet the Illinois Water Well
Construction Code (Ill. Rev. Stat. 1989, ch. 111
1/2, pars. 116.111 et seq., as amended) and 35
Ill. Adni. Code 920.
4) For a monitoring well, such well meets the
following requirements:
119— 157
—32—
A) Construction must be done in a manner that
will enable the collection of groundwater
samples;
B) Casings and screens must be made from durable
material resistant to expected chemical or
physical degradation that do not interfere
with the quality of groundwater samples being
collected; and
C) The annular space opposite the screened
section of the well (i.e., the space between
the bore hole and well screen) must be filled
with gravel or sand if necessary to collect
groundwater samples. The annular space above
and below the well screen must be sealed to
prevent migration of water from adjacent
formations and the surface to the sampled
depth.
c) For a spring, compliance with this Subpart shall be
determined at the point of emergence.
Section 620.510
Monitoring and Analytical Requirements
a) Representative Samples
A representative sample shall be taken from locations
as specified in Section 620.505.
b) Sampling and Analytical Procedures
1) Samples shall be collected in accordance with the
procedures set forth in the documents listed in
Section 620.125(a) or other procedures adopted by
the appropriate agency.
2) Groundwater elevation in a groundwater monitoring
well must be determined and recorded when
necessary to determine the gradient.
3) The analytical methodology used for the analysis
of constituents in Subparts C and E must be
consistent with both of the following:
A) The methodology must have a PQL at or below
the groundwater standard set forth in
Subparts C or the corrective action levels of
Subpart E, whichever is applicable; and
B) The methodology must be consistent with
methodologies contained in the documents
listed in Section 620.125(a).
119—158
—33—
c) Reporting Requirements
At a minimum, groundwater monitoring analytical results
must include information, procedures and techniques
for:
1) Sample collection (including but not limited to
name of sample collector, time and date of the
sample, method of collection, and identification
of the monitoring location);
2) Sample preservation and shipment (including but
not limited to field quality control);
3) Analytical procedures (including but not limited
to the method detection limits and the PQLs); and
4) Chain of custody control.
119—159
—34—
SUBPART F: HEALTH ADVISORIES
Section 620.601
Purpose of a Health Advisory
This Subpart establishes procedures for the issuance of a Health
Advisory that sets forth guidance levels that, in the absence of
standards under Section 620.410, must be considered by the Agency
in:
a) Establishing groundwater cleanup or action levels
whenever there is a release or substantial threat of a
release of:
1) A hazardous substance or pesticide; or
2) Other contaminant that represents a significant
hazard to public health or the environment.
b) Determining whether the community water supply is
taking its raw water from the “best available source
which is economically reasonable and technologically
possible” as mandated under 35 Ill. Adm. Code
604.501(a).
c) Developing Board rulemaking proposals for new or
revised numerical standards.
d) Evaluating mixtures of chemical substances.
Section 620.605
Issuance of a Health Advisory
a) The Agency shall issue a Health Advisory for a chemical
substance if all of the following conditions are met:
1) A community water supply well is sampled and a
substance is detected and confirmed by resampling;
2) There is no standard under Section 620.410 for
such chemical substance; and
3) The chemical substance is toxic or harmful to
human health according to nationally accepted
guidelines.
b) The Health Advisory shall contain a general description
of the characteristics of the chemical substance, the
potential adverse health effects, and a guidance level
to be determined as follows:
1) If disease or functional impairment is caused due
to a physiological mechanism for which there is a
threshold dose below which no damage occurs, the
guidance level for any such substance shall be the
119—160
—35—
Maximum Contaminant Level Goal (“MCLG”) adopted by
USEPA for such substance. If there is no MCLG for
the substance, the guidance level shall be the
Human Threshold Toxicant Advisory Concentration
for such substance as determined in accordance
with Appendix A, unless the concentration for such
substance is less than the lowest appropriate PQL
specified in Section 620.125 for the substance.
If the concentration for such substance is less
than the lowest appropriate PQL specified in
Section 620.125 for the substance, the guidance
level is the lowest PQL.
2) If the chemical substance is a carcinogen, the
guidance level for any such chemical substance
shall be the lowest appropriate PQL specified in
Section 620.125 for such substance.
Section 620.610
Publishing Health Advisories
a) The Agency shall publish the full text of each Health
Advisory upon issuance and make the document available
to the public.
b) The Agency shall publish and make available to the
public, at intervals of not more than 6 months, a
comprehensive and up—to—date summary list of all Health
Advisories.
Section 620.615
Additional Health Advice for Mixtures of
Similar-Acting Substances
a) The need for additional health advice appropriate to
site-specific conditions shall be determined by the
Agency when mixtures of chemical substances are
detected, where two or more of the chemical substances
are similar-acting in their toxic or harmful
physiological effect on the same specific organ or
organ system.
b) If mixtures of similar—acting chemical substances are
present, the level for such substances shall be
determined in accordance with Appendices A, B, and C.
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Section 620.Appendix A Procedures for Determining Human
Threshold Toxicant Advisory
Concentration for Class I: Potable
Resource Groundwater
a) Calculating the Human Threshold Toxicant Advisory
Concentration
For those substances for which USEPA has not adopted a
Maximum Contaminant Level Goal (“MCLG”), the Human
Threshold Toxicant Advisory Concentration shall be
calculated as follows:
HTTAC
=
(ADE/WH) x RSC
Where: HTTAC
=
Human Threshold Toxicant Advisory
Concentration in milligrams per
liter
ADE
=
Acceptable Daily Exposure of
substance in milligrams per day
(mg/d) as determined pursuant to
subsection (b).
WH
=
Per capita daily water consumption
equal to 2 liters per day (l/d)
RSC
=
Relative contribution of the amount
of the exposure to a chemical via
drinking water when compared to the
total exposure to that chemical
from all sources. Valid
chemical—specific data shall be
used if available. If valid
chemical—specific data are not
available, a value of 20 (=0.20)
shall be used.
b) Procedures for Determining Acceptable Daily Exposures
for Class I: Potable Resource Groundwater
1)
The Acceptable Daily Exposure (ADE) represents the
maximum amount of a threshold toxicant in
milligrams per day (mg/d) which if ingested daily
for a lifetime results in no adverse effects to
humans. Subsections (b) (2) through (b) (6) list,
in prescribed order, methods for determining the
ADE in Class I: Potable Resource Groundwater.
2) For those substances for which the USEPA has
derived a Verified Oral Reference Dose for humans,
USEPA’s Reference Dose given in milligrams per
kilogram per day (mg/kg/d) shall be used. The ADE
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equals the product of multiplying the Reference
Dose by 70 kilograms (kg), which is the assumed
average weight of an adult human.
3) For those substances for which a no observed
adverse effect level for humans (NOAEL—H) exposed
to the substance has been derived, the ADE equals
the product of multiplying one-tenth of the
NOAEL-H given in milligrams of toxicant per
kilogram of body weight per day (mg/kg/d) by the
average weight of an adult human of 70 kilograms
(kg). If two or more studies are available, the
lowest NOAEL-H shall be used in the calculation of
the ADE.
4) For those substances for which only a lowest
observed adverse effect level for humans (LOAEL—H)
exposed to the substance has been derived,
one-tenth the LOAEL-H shall be substituted for the
NOAEL—H in subsection (b) (3).
5) For those substances for which a no observed
adverse effect level has been derived from studies
of mammalian test species (NOAEL-A) exposed to the
substance, the ADE equals the product of
multiplying 1/100 of the NOAEL-A given in
milligrams toxicant per kilogram of test species
weight per day (mg/kg/d) by the average weight of
an adult human of 70 kilograms (kg). Preference
will be given to animal studies having High
Validity, as defined in subsection (c), in the
order listed in that subsection. Studies having a
Medium Validity shall be considered if no studies
having High Validity are available. If studies of
Low Validity must be used, the ADE shall be
calculated using 1/1000 of the NOAEL-A having Low
Validity instead of 1/100 of the NOAEL-A of High
or Medium Validity, except as described in
subsection (b) (6). If two or more studies among
different animal species are equally valid, the
lowest NOAEL-A among animal species shall be used
in the calculation of the ADE. Additional
considerations in selecting the NOAEL-A include:
A) If the NOAEL-A is given in milligrams of
toxicant per liter of water consumed (mg/l),
prior to calculating the ADE the NOAEL-A must
be multiplied by the average daily volume of
water consumed by the mammalian test species
in liters per day (l/d) and divided by the
average weight of the mammalian test species
in kilograms (kg).
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B) If the NOAEL-A is given in milligrams of
toxicant per kilogram of food consumed
(mg/kg), prior to calculating the ADE, the
NOAEL-A must be multiplied by the average
amount in kilograms of food consumed daily by
the mammalian test species (kg/d) and divided
by the average weight of the mammalian test
species in kilograms (kg).
C) If the mammalian test species was not exposed
to the toxicant each day of the test period,
the NOAEL-A must be multiplied by the ratio
of days of exposure to the total days of the
test period.
D) If more than one equally valid NOAEL-A is
available for the same mammalian test
species, the best available data shall be
used.
6) For those substances for which a NOAEL-A is not
available but the lowest observed adverse effect
level (LOAEL-A) has been derived from studies of
mammalian test species exposed to the substance,
one-tenth of the LOAEL-A may be substituted for
the NOAEL-A in subsection (b) (5). The LOAEL-A
shall be selected in the same manner as that
specified in subsection (b) (5). One-tenth the
LOAEL-A from a study determined to have Medium
Validity may be substituted for a NOAEL-A in
subsection (b) (3) if the NOAEL-A is from a study
determined to have Low Validity, or if the
toxicity endpoint measured in the study having the
LOAEL-A of Medium Validity is determined to be
more biologically relevant than the toxicity
endpoint measured in the study having the NOAEL-A
of Low Validity.
c) Procedures for Establishing Validity of Data from
Animal Studies
1) High Validity Studies
A) High validity studies use a route of exposure
by ingestion or gavage, and are based upon:
i) Data from animal carcinogenicity studies
with a minimum of 2 dose levels and a
control group, 2 species, both sexes,
with 50 animals per dose per sex, and at
least 50 percent survival at 15 months
in mice and 18 months in rats and at
119—164
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least 25 percent survival at 18 months
in mice and 24 months in rats;
ii) Data from animal chronic studies with a
minimum of 3 dose levels and a control
group, 2 species, both sexes, with 40
animals per dose per sex, and at least
50 percent survival at 15 months in mice
and 18 months in rats and at least 25
percent survival at 18 months in mice
and 24 months in rats, and a
well-defined NOAEL; or
iii) Data from animal subchronic studies with
a minimum of 3 dose levels and control,
2 species, both sexes, 4 animals per
dose per sex for non—rodent species or
10 animals per dose per sex for rodent
species, a duration of approximately 10
percent of the test species’ lifespan,
and a well—defined NOAEL.
B) Supporting studies which reinforce the
conclusions of a study of Medium Validity may
be considered to raise such a study to High
Validity.
2) Medium Validity Studies
Medium validity studies are based upon:
A) Data from animal carcinogenicity, chronic, or
subchronic studies in which minor deviations
from the study design elements required for
a High Validity Study are found, but which
otherwise satisfy the standards for a High
Validity Study;
B) Data from animal carcinogenicity and chronic
studies in which at least 25 percent survival
is reported at 15 months in mice and 18
months in rats (a lesser survival is
permitted at the conclusion of a longer
duration study, but the number of surviving
animals should not fall below 20 percent per
dose per sex at 18 months for mice and 24
months for rats), but which otherwise satisfy
the standards for a High Validity Study;
C) Data from animal subchronic or chronic
studies in which a Lowest Observable Adverse
Effect Level (LOAEL) is determined, but which
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otherwise satisfy the standards for a High
Validity Study; or
D) Data from animal subchronic or chronic
studies which have an inappropriate route of
exposure (for example, intraperitoneal
injection or inhalation) but which otherwise
satisfy the standards for a High Validity
Study
,
with correction factors for
conversion to the oral route.
3) Low Validity Studies
Low validity studies are studies not meeting the
standards set forth in subsection (c) (1) or
(c) (2)
119—166
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Section 620.Appendix B Procedures for Determining Hazard
Indices for Class I: Potable Resource
Groundwater for Mixtures of
Similar—Acting Substances
a) This appendix describes procedures for determining the
maximum amount of similar—acting substances which may
be present as a mixture in Class I: Potable Resource
Groundwaters for the protection of human health.
Except as provided otherwise in subsection (c),
subsections (d) through (h) describe the procedure for
determining the Hazard Index for mixtures of
similar—acting substances.
b) For the purposes of this appendix, a “mixture” means
two or more substances which are present in Class I:
Potable Resource Groundwater which may or may not be
related either chemically or commercially, but which
are not complex mixtures of related isomers and
congeners which are produced as commercial products
(for example, PCBs or technical grade chiordane).
c) The following substances listed in Section 620.410 are
mixtures of similar acting substances:
1) Mixtures of ortho-Dichlorobenzene and
para—Dichlorobenzene. The Hazard Index (“HI”) for
such mixtures shall be determined as follows:
HI
=
ortho-Dichlorobenzene/0.6
+
para-Dichlorobenzene /0.075
2) Mixtures of i,1-Dichloroethylene and
1,1,1—trichioroethane. The Hazard Index (“HI”)
for such mixtures shall be determined as follows:
HI
=
i,1-Dichloroethylene/0.007 +
ri
.1. 1—trichloroethane/0.2
d) When two or more substances occur together in a
mixture, the additivity of the toxicities of some or
all of the substances will be considered when
determining health based standards for Class I: Potable
Resource Groundwater. This is done by the use of a
dose addition model with the development of a Hazard
Index for the mixture of substances with similar—acting
toxicities. This method does not address synergism or
antagonism. Guidelines for determining when the dose
addition of similar—acting substances is appropriate
are presented in Appendix C.
The Hazard Index shall be calculated as follows:
119—167
—42—
HI
=
A/ALB
+
(B/ALB
+ . . .
1)/ALl)
Where: HI
=
Hazard Index, unitless.
(A, (B, I
=
Concentration of each
similar—acting substance in groundwater
in milligrams per liter (mg/i).
ALA, ALB, ALl
=
The acceptable level of
each similar-acting substance in the
mixture in milligrams per liter (mg/i).
e) For substances which are considered to have a threshold
mechanism of toxicity, the acceptable level is:
1) The standards listed in Section 620.410; or
2) For those substances for which standards have not
been established in Section 620.410, the Human
Threshold Toxicant Advisory Concentration (HTTAC)
as determined in Appendix A.
f) For substances which are carcinogens, the acceptable
level is:
1) The standards listed in Section 620.410; or
2) For those substances for which standards have not
been established under Section 620.410, the lowest
appropriate PQL of USEPA-approved analytical
methods for each substance.
g) Since the assumption of dose addition is most properly
applied to substances that induce the same effect by
similar modes of action, a separate HI shall be
generated for each toxicity endpoint of concern.
h) In addition to meeting the individual substance
objectives, a Hazard Index shall be less than or equal
to 1 for a mixture of similar—acting substances.
Section 620.Appendix C Guidelines for Determining When Dose
Addition of Similar-Acting Substances in
Class I: Potable Resource Groundwaters
is Appropriate
a) Substances shall be considered similar—acting if:
1) The substances have the same target in an organism
(for example, the same organ, organ system,
receptor, or enzyme).
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—43—
2) The substances have the same mode of toxic action.
These actions may include, for example, central
nervous system depression, liver toxicity, or
cholinesterase inhibition.
b) Substances that have fundamentally different mechanisms
of toxicity (threshold toxicants vs. carcinogens) shall
not be considered similar—acting. However, carcinogens
which also cause a threshold toxic effect should be
considered in a mixture with other similar-acting
substances having the same threshold toxic effect. In
such a case, an Acceptable Level for the carcinogen
must be derived for its threshold effect, using the
procedures described in Appendix A.
C)
Substances which are components of a complex mixture of
related compounds which are produced as commercial
products (for example, PCBs or technical grade
chlordane) shall not be considered mixtures, as defined
in Appendix B. Such complex mixtures shall be
considered to be equivalent to a single substance. In
such a case, the Human Threshold Toxicant Advisory
Concentration may be derived for threshold effects of
the complex mixture, using the procedures described in
Appendix A, if valid toxicological or epidemiological
data are available for the complex mixture. If the
complex mixture is a carcinogen, the.Health Advisory
Concentration shall be the lowest appropriate PQL of
USEPA-approved analytical methods.
IT IS SO ORDERED.
Board Member B. Forcade concurred.
I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify tha the above Order was adopted on the
.ZP~Z
day of
—‘.~-t~.m~
,
1991, by a vote of
0
.
Dorothy M. p~nn, Clerk
Illinois P~1ution Control Board
119— 169
