ILLINOIS POLLUTION CONTROL BOARD
October 16, 1992
IN THE MATTER OF:
)
)
AMENDMENTS TO 35 ILL. ADM. CODE
)
R92-20
615 AND 616 (GROUNDWATER); EXCEPTIONS
)
(Rulemaking)
FOR PESTICIDE AND FERTILIZER FACILITIES
)
Proposed Rule.
First Notice.
OPINION AND ORDER OF THE BOARD (by R.C. Flemal):
On September 15, 1992, Governor Edgar signed Senate Bill
1750 (Public Act 87-1108) into law. This act amends the Illinois
Environmental Protection Act to provide an alternative
groundwater protection program for certain agrichemical
facilities currently subject to 35 Ill. Adm. Code 615 and 616.
The purpose of the instant rulemaking is to conform the Part 615
and 616 regulations with P.A. 87-1108.
The current Part 615 and 616 rules regulate new and existing
agrichemical facilities that are located within setback zones of
potable water wells, with an effective compliance date of January
1, 1993. Under the provisions of PA 87—1108 facilities may elect
to opt out of the Part 615 and 616 program and instead
participate in an alternative groundwater protection program to
be administered by the Illinois Department of Agriculture.
The Illinois Environmental Protection Agency (Agency) has
~electednot to act as proponent in this matter, and so notified
the Board of this intent by letter to the Board dated October 14,
1992’. The Agency does, however, by the same letter recommend
language that it believes would provide the necessary Part 615
and 616 amendments. No other proponent has stepped forward.
Because the January 1, 1993 compliance date is now imminent,
there is need for this matter to proceed expeditiously.
Accordingly, the Board today offers the Agency’s recommendation
for first notice, but without making substantive evaluation of
the merits of the recommendation.
Pursuant to requirements of the Illinois Environmental
Protection Act, the Board will conduct two state—wide hearings on
this matter. The hearing officer is hereby directed to schedule
The Board today enters this letter into the record as Exhibit
1.
0136-076 1
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these hearings at the earliest practicable date consistent with
requirements for public notice.
Written public comment also is invited. The public comment
period will remain open to a date following the second of the
hearings, the date to be specified by the hearing officer.
Finally, the Board notes that the rule-promulgation steps
under the Illinois Administrative Procedure Act do not provide
for the possibility that today’s proposed amendments can be
effective by January 1, 1993. Accordingly, interested persons
are requested to consider what action, if any, might be
appropriate to bridge the period between January 1, 1993 and some
subsequent effective date. Among vehicles which have conceivable
utility are emergency rulemaking, variance (single or group;
regular or provisional), or a stay of effectiveness of the
January 1, 1993 date.
ORDER
The Board hereby offers for first notice the following
amendments to 35 Ill. Adm. Code, Subtitle F: Public Water
Supplies, Chapter I, Pollution Control Board, Parts 615 and 616.
The Clerk of the Board is directed to file these proposed rules
with the Secretary of State.
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART
615
EXISTING ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SUBPART A: GENERAL
Section 615.105
General Exceptions
a) This Part does not apply to any facility or unit, or to the
owner or operator of any facility or unit:
1) For which the owner or operator obtains certification
of minimal hazard pursuant to Section 14.5 of the Act;
or
2) For which alternate requirements are imposed in an
adjusted standard proceeding or as part of a site—
specific rulemaking, pursuant to Title VII of the Act;
or
3) For which alternate requirements are imposed in a
regulated recharge area proceeding pursuant to Section
17.4 of the Act; or
0136-0762
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4) That is LOCATED ON THE SANE SITE AS A NON-COMMUNITY
WATER SYSTEM WELL AND FOR WHICH THE OWNER IS THE SAME
FOR BOTH THE facility or unit AND THE WELL. (Section
14.4(b) of the Act); or
5) That is located WITHIN A REGULATED RECHARGE AREA AS
DELINEATED in 35 Ill. Adm. Code 617, PROVIDED THAT:
A)
THE
BOUNDARY
OF THE LATERAL AREA
OF INFLUENCE OF A
COMMUNITY WATER SUPPLY WELL LOCATED WITHIN
THE
REGULATED RECHARGE AREA does not INCLUDE SUCH
facility or unit THEREIN;
B) THE DISTANCE FROM THE WELLHEAD OF THE COMMUNITY
WATER SUPPLY TO THE facility or unit EXCEEDS 2500
FEET; AND
C) THE COMMUNITY WATER SUPPLY WELL WAS not IN
EXISTENCE PRIOR TO JANUARY 1, 1988.
(Section 14.4(b) of the Act).
~j. For which the owner or operator of the facility for
storage and related handling of pesticides or
fertilizers for the purpose of commercial apDlication
or at a central location for the purpose of
distribution to retail sales outlets that has filed a
written notice of intent or a certification of intent
pursuant to Section 14.6 of the Act WITH THE DEPARTMENT
OF AGRICULTURE BY JANUARY l~. 1993. OR WITHIN 6 MONTHS
AFTER THE DATE ON WHICH A MAXIMUM SETBACK ZONE IS
ESTABLISHED OR A REGULATED
RECHARGE AREA REGULATION IS
ADOPTED
THAT AFFECTS SUCH A FACILITY (Section 14.6(a)
of the Act).
This exce~tjpn shall not ai,plv to those
facilities that are not in compliance with the pro~ram
requirements of subsections 14.6(b) and 14.6(c) of the
Act.
b) Nothing in this Section shall limit the authority of the
Board to impose requirements on any facility or unit within
any portion of any setback zone or regulated recharge area
pursuant to the Act.
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART
616
NEW
ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SUBPART A:
GENERAL
Section 616.105
General Exceptions
Q~i36-Q763
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a) This Part does not apply to any facility or unit, or to the
owner or operator of any facility or unit, for which:
1) The owner or operator obtains certification of minimal
hazard pursuant to Section 14.5 of the Act; or
2) Alternate requirements are imposed in an adjusted
standard proceeding or in a site—specific rulemaking,
pursuant to Title VII of the Act; or
3) Alternate requirements are imposed in a regulated
recharge area proceeding pursuant to Section 17.4 of
the Act.
j)- The owner or operator of the facility for storac~eand
related handling of pesticides or fertilizers for the
purpose of commercial anplication or at a central
location for the purpose of distribution to retail
sales outlets that has filed a written notice of intent
or a certification of intent pursuant to Section 14.6
of the Act WITH THE DEPARTMENT OF AGRICULTURE BY
JANUARY 1. 1993. OR WITHIN 6 MONTHS AFTER THE DATE ON
WHICH A
MAXIMUM
SETBACK ZONE IS ESTABLISHED OR A
REGULATED RECHARGE AREA REGULATION IS ADOPTED
THAT
AFFECTS
SUCH A FACILITY (Section 14
•
6(a) of the Act).
This exception shall not a~~lvto those facilities that
are not in compliance with the proaram requirements of
subsections 14.6(b) and 14.6(c) of the Act.
b) Nothing in this Section shall limit the authority of the
Board to impose requirements on any facility or unit within
any portion of any setback zone or regulated recharge area
in any adjusted standard proceeding, site—specific
rulemaking or a regulatory proceeding establishing the
regulated recharge area.
IT IS SO ORDERED.
I, Dorothy N. Gunn, Clerk of the Illinois
Pollution Control
Board, hereby certify that the above o ii~j~nandorder was
adopted on the /(~~T~day of
____________________,
1992, by
a vote of
7—c
~
~L.
Dorothy N. G~nn, Clerk
Illinois Poji~Iution Control Board
0136~07614