Microsoft Word - NOF R06-023 Coments of IERG.doc

THIS FILING SUBMITTED ON RECYCLED PAPER

NOTICE OF FILING
CERTIFICATE OF SERVICE

THIS FILING SUBMITTED ON RECYCLED PAPER

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF:

)

STANDARDS AND REQUIREMENTS

)

FOR POTABLE WATER WELL

)

SURVEYS AND FOR COMMUNITY

)

R06-023

RELATIONS ACTIVITIES

)

(Rulemaking – Public Water)

PERFORMED IN CONJUNCTION

)

WITH AGENCY NOTICES OF

)

THREATS FROM CONTAMINATION

)

UNDER PA 94-134: NEW PART 35

)

ILL. ADM. CODE 1505

)

NOTICE OF FILING

TO:

Ms. Dorothy M. Gunn

Amy Antoniolli, Esq.

Clerk of the Board

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph Street

Suite 11-500

Chicago, Illinois 60601

(VIA ELECTRONIC MAIL)

(VIA FIRST CLASS MAIL)

(SEE PERSONS ON ATTACHED SERVICE LIST)

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

the Illinois Pollution Control Board

COMMENTS OF THE ILLINOIS

ENVIRONMENTAL REGULATORY GROUP

, a copy of which is herewith served

upon you.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL

REGULATORY GROUP,

By:

/s/ Katherine D. Hodge

One of Its Attorneys

Dated: June 29, 2006

Katherine D. Hodge

Monica T. Rios

HODGE DWYER ZEMAN

3150 Roland Avenue

Post Office Box 5776

Springfield, Illinois 62705-5776

(217) 523-4900

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CERTIFICATE OF SERVICE

I, Katherine D. Hodge, the undersigned, hereby certify that I have served the

attached

COMMENTS OF THE ILLINOIS ENVIRONMENTAL REGULATORY

GROUP

upon:

Ms. Dorothy M. Gunn

Clerk of the Board

Illinois Pollution Control Board

100 West Randolph Street

Suite 11-500

Chicago, Illinois 60601

via electronic mail on June 29, 2006; and upon:

Amy Antoniolli, Esq.

Mark Wight, Esq.

Illinois Pollution Control Board

Assistant Counsel

James R. Thompson Center

Illinois Environmental Protection Agency

100 West Randolph Street

1021 North Grand Avenue East

Suite 11-500

Post Office Box 19276

Chicago, Illinois 60601

Springfield, Illinois 62794-9276

Kimberly A. Geving, Esq.

Stefanie N. Diers, Esq.

Assistant Counsel

Illinois Environmental Protection Agency

1021 North Grand Avenue East

Post Office Box 19276

Springfield, Illinois 62794-9276

William G. Dickett, Esq.

Kenneth W. Liss, L.P.G.

Sidley Austin, LLP

Andrews Environmental Engineering, Inc.

One South Dearborn

3535 Mayflower Boulevard

Suite 2800

Springfield, Illinois 62707

Chicago, Illinois 60603

Mr. Eric Portz

Mr. Jerry Dalsin

Illinois Department of Public Health

Division of Environmental Health

525 West Jefferson Street

Springfield, Illinois 62761

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE JUNE 29, 2006

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Mr. Keith I. Harley

Chicago Legal Clinic, Inc.

205 West Monroe Street

4th Floor

Chicago, Illinois 60606

by depositing said documents in the United States Mail, postage prepaid, in Springfield,

Illinois, on June 29, 2006.

/s/ Katherine D. Hodge

Katherine D. Hodge

IERG:001/R Dockets/Filings/R06-23/COS – Comments of IERG

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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF:

)

STANDARDS AND REQUIREMENTS

)

FOR POTABLE WATER WELL

)

SURVEYS AND FOR COMMUNITY

)

R06-023

RELATIONS ACTIVITIES

)

(Rulemaking – Public Water)

PERFORMED IN CONJUNCTION

)

WITH AGENCY NOTICES OF

)

THREATS FROM CONTAMINATION

)

UNDER PA 94-134: NEW PART 35

)

ILL. ADM. CODE 1505

)

COMMENTS OF THE ILLINOIS

ENVIRONMENTAL REGULATORY GROUP

NOW COMES the ILLINOIS ENVIRONMENTAL REGULATORY GROUP

(“IERG”), by and through its attorneys, HODGE DWYER ZEMAN, and submits the

following Comments in the above-referenced matter:

INTRODUCTION

IERG, a non-profit Illinois corporation, was organized to promote and advance

the interests of its members before governmental agencies, such as the Illinois

Environmental Protection Agency (the “Agency”), and before the Illinois Pollution

Control Board (“Board”). IERG’s members include companies engaged in industry,

commerce, manufacturing, agriculture, trade, transportation, or other related activities,

and which persons, entities, or businesses are all regulated by governmental agencies that

promulgate, administer, or enforce environmental laws, regulations, rules, or policies.

On behalf of its members, IERG has actively participated in the development of

the proposed regulations by attending outreach meetings, discussing drafts of the

proposal with the Agency, and testifying and commenting at the hearings. IERG has had

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several opportunities to convey to the Agency and the Board its comments and

suggestions regarding the proposed potable water well survey and community right to

know regulations. IERG appreciates the Agency’s responsiveness to IERG’s comments

in the early stages of the development of the regulations and also appreciates the

Agency’s recent revisions in response to IERG’s comments regarding the clarification of

the notice requirements in proposed Sections 1505.310(b) and 1505.315(b) and the

revisions to proposed Appendix A to reflect the notice requirements for occupants.

IERG supports the Agency’s proposed regulations as revised in the attached

Exhibit A, which IERG received from the Agency on May 8, 2006. However, IERG

would like to comment on several provisions of the regulations that still warrant

revisions.

II.

USE OF THE TERM “AUTHORIZED PARTY”

IERG supports the use of the term “authorized party” to replace the term

“responsible party” and other terms describing persons performing community relations

activities. However, the use of the new term should be consistent throughout Part 1505.

Sections 1505.305(b)(2) and 1505.320 still reference the “responsible party.”

See

proposed 35 Ill. Admin. Code §§ 1505.305(b)(2), 1505.320. IERG requests that the

Board strike the term “responsible party” from these sections and replace the stricken

language with the term “authorized party.”

III.

NOTIFICATION OF OCCUPANT

An issue that has continually been raised during this rulemaking concerns whether

occupants, in addition to owners, have to be notified when there is a threat of

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contamination to offsite properties. IERG maintains its position that the revised language

requiring that occupants be notified to the “extent reasonably practicable” provides the

necessary assurance that occupants will be notified if they can be identified and/or be

reached.

See

proposed 35 Ill. Admin. Code §§ 1505.310(b)(2), 1505.315(b)(2)(D), 1505

Appendix A. Further, the statute requires only that owners be notified. 415 ILCS 5/25d-

3(a)(1), (a)(2)(A).

IERG notes that the Agency, in its latest comments states, “the Agency remains

committed to its proposed language for the inclusion of occupants on the contact lists.”

Agency’s Post-Hearing Comments,

In the Matter of: Standards and Requirements for

Potable Water Well Surveys and for Community Relations Activities Performed in

Conjunction with Agency Notices of Threats from Contamination Under PA 94-134; New

Part 35 Ill. Admin. Code 1505

, PCB No. R06-23 at 8 (Ill.Pol.Control.Bd. June 23, 2006).

The Agency also states that in its own experience, it can be difficult to notify every

occupant.

Id.

at 6. IERG agrees with the Agency on the use of the proposed language

requiring notification of occupants to the “extent reasonably practicable.”

The Agency also noted in its post-hearing comments that the proposed

community relations regulations require that the authorized party use reasonable

measures to notify occupants, which must be described in submissions to the Agency.

IERG concurs with the Agency assessment that its oversight in this regard ensures that

the authorized party is taking all reasonably practicable steps to notify occupants. Thus,

IERG respectfully requests that the Board adopt the Agency’s proposed language

regarding notification of occupants.

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IV.

DOCUMENT REPOSITORY

Proposed Section 1505.320 requires that persons who develop a Community

Relations Plan (“CRP”) must also establish a document repository at a World Wide Web

site.

See

proposed 35 Ill. Admin. Code § 1505.320. This section also provides that upon

request of one individual, the authorized party must provide the individual or group with

a copy of a complete set of all the documents generated during the course

of the

community relations activities.

Id.

If further requests are made, the authorized party

must establish a physical repository at a public location.

Id.

The two tiered approach to providing the physical documents to the public is

inefficient and potentially burdensome. IERG recommends that proposed Section

1505.320 be revised to require that once a single request is made for physical copies of

the documents that a repository at a public location be established. Efficiency is better

served by establishing a physical repository upon the initial request. This avoids the risk

of the authorized party failing to provide supplemental and multiple sets of documents

generated during the course

of the community relations activities.

SECTION 1505.330

Proposed Section 1505.330 provides for Agency review of notices, contact lists,

fact sheets, and CRPs. IERG has reviewed the section and supports the section’s intent;

however, Section 1505.330(d), as drafted, is unclear particularly as it pertains to the

Agency’s decision to pursue notification, seek cost recovery, and the ramifications for an

authorized party. Further, Section 1505.330(d) describes the timeframe of the Agency’s

approval or disapproval of submissions and the defenses available to the authorized party

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to Agency cost recovery or enforcement actions.

See

proposed 35 Ill. Admin. Code

§ 1505.330(d). It is not IERG’s intent to change the meaning of subsection (d), however,

to clarify the section’s intent, IERG recommends that the Board strike subsections (d)

through (f) of the proposed regulations and replace the subsections with the following

language:

Section 1505.330

Agency Reviews of Notices, Contact Lists, Fact Sheets, and

Community Relations Plans

* * *

d) If the Agency disapproves of a notice, contact list, fact sheet, or CRP

or approves of a notice, contact list, fact sheet, or CRP with conditions

or modifications, the authorized party must submit a revised version of

the document(s) to the Agency within ten days of receiving the

Agency’s disapproval or approval with conditions or modifications.

The revised submittal should be prepared in consultation with the

Agency.

e) If the revised notice, contact list, fact sheet, or CRP is not received by

the Agency within ten days, or if a revised document(s) is not

approved on the second review, the Agency, in addition to any other

remedies that may be available, may provide notice to the public and

seek cost recovery from the authorized party pursuant to Title VI-D of

the Act and/or pursue an enforcement action against the authorized

party for failure to develop and implement an Agency-approved

notice, contact list, fact sheet, or CRP.

1) If the Agency initiates an action to obtain cost recovery for

notification or for an alleged violation of the requirement to

develop and implement an Agency-approved notice, contact

list, fact sheet, or CRP against the authorized party, the

authorized party, in addition to any other defenses against

Agency actions that may be available to the authorized party,

may use as a defense that the document(s) submitted to and

rejected by the Agency satisfies the requirements for such

documents as set forth in Sections 1505.310 and 1505.315 of

this Part.

2) The defense described in subsection (e)(1) does not limit the

use of the defense in other circumstances where appropriate.

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f) The Agency will, to the extent consistent with review deadlines,

provide the authorized party with a reasonable opportunity to correct

deficiencies prior to sending a disapproval of a notice, contact list, fact

sheet, or CRP or an approval with conditions or modification.

However, the correction of such deficiencies by the submission of

additional information may, in the sole discretion of the Agency

considering the need for timely notification, restart the time for review.

g) If the Agency does not issue its final determination on the notice,

contact list, fact sheet, CRP, or updates of such documents within 30

days of the receipt of the documents, the document must be deemed

approved as submitted.

VI.

CONCLUSION

IERG supports the Agency’s proposed rulemaking and again, appreciates the

Agency’s previous revisions to the proposed regulations. IERG respectfully requests the

Board to consider its comments regarding the issues raised and adopt the revisions IERG

has outlined here.

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IERG reserves the right to supplement or modify these comments.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL

REGULATORY GROUP,

By:

/s/ Katherine D. Hodge

One of its Attorneys

Dated: June 29, 2006

Katherine D. Hodge

Monica T. Rios

HODGE DWYER ZEMAN

3150 Roland Avenue

Post Office Box 5776

Springfield, Illinois 62705-5776

(217) 523-4900

IERG:001/R Dockets/Filings/R06-23/Comments of IERG

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TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE O: RIGHT TO KNOW

CHAPTER I: POLLUTION CONTROL BOARD

PART 1505

STANDARDS AND REQUIREMENTS FOR POTABLE WATER SUPPLY WELL SURVEYS

AND FOR COMMUNITY RELATIONS ACTIVITIES PERFORMED IN CONJUNCTION

WITH AGENCY NOTICES OF THREATS FROM CONTAMINATION

SUBPART A: GENERAL

Section

1505.100

Purpose and Scope

1505.105

Applicability

1505.110

Definitions

1505.115

Severability

SUBPART B: STANDARDS AND REQUIREMENTS FOR POTABLE WATER SUPPLY

WELL SURVEYS

Section

1505.200

Purpose and Scope

1505.205

Applicability

1505.210

Procedures for Potable Water Supply Well Surveys

SUBPART C: STANDARDS AND REQUIREMENTS FOR COMMUNITY RELATIONS

ACTIVITIES

Section

1505.300

Purpose and Scope

1505.305

Applicability

1505.310

Notices and Community Relations Plans for Limited Community Relations

Activities Contact Lists and Fact Sheets

1505.315

Notices, Fact Sheets and

Community Relations Plans for Expanded Community

Relations Activities

1505.320

Establishment of Document Repository

1505.325

Submission of Notices, Contact Lists,

Fact Sheets and Community Relations Plans

for Review

1505.330

Agency Reviews of Notices, Contact Lists,

Fact Sheets and Community Relations

Plans

1505.335

Implementation of Community Relations Plans and Distribution of Notices and

Fact Sheets; Compliance Monitoring and

Records Retention

1505.340

Compliance

APPENDIX A

Contents of A Model Community Relations Plan

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AUTHORITY: Implementing Sections 25d-3(c) and 25d-7(a) and authorized by Section 25d-

7(a) of the Environmental Protection Act [415 ILCS 5/25d-3(c), 5/25d-7(a)].

SOURCE: Adopted in __________ at ____ Ill. Reg. __________, effective, __________ ____,

200___.

NOTE: Italics denote statutory language.

SUBPART A: GENERAL

Section 1505.100

Purpose and Scope

The purpose of this Part is to set forth in accordance with Section 25d-7 of the Act [415 ILCS

5/25d-7] the minimum procedures for conducting potable water supply well surveys pursuant to

applicable Board rules and for the documentation and reporting of the results of those surveys to

the Agency. In addition, the purpose of this Part is to set forth in accordance with Section 25d-7

of the Act standards and requirements for the performance of community relations activities

when the Agency has authorized a person

the responsible party to provide the notice pursuant to

subsections (a) and (c) of Section 25d-3 of the Act [415 ILCS 5/25d-3(a), 5/25d-3(c)] as part of

the Agency-approved community relations activities. Subsection (a) of Section 25d-3 of the Act

requires that the Agency provide notice under certain specified circumstances while subsection

responsible party who has

implemented community relations activities to provide the notice in place of the Agency. The

standards and requirements in Subpart C of this Part are for community relations activities

performed by those authorized to provide notice in place of the Agency. This Part establishes

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

surveys and the development, review, implementation and distribution of notices,

fact sheets and

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

Section 1505.105

Applicability

Subparts B and C of this Part contain separate and independent applicability provisions.

Section 1505.110

Definitions

Except as stated in this Section, or unless a different meaning of a word or term is clear from the

context, the definitions of words or terms in this Part are

shall be the same as those that applied

to the same words or terms in Title I or Title VI-D of the Environmental Protection Act.

"Act" means the Environmental Protection Act. [415 ILCS 5]

"Agency" is the Illinois Environmental Protection Agency

. [415 ILCS 5/3.105]

“Authorized party” means the person authorized by the Agency under subsection

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to provide notice as part of Agency-approved community relations activities in

lieu of a notice required to be given by the Agency.

"Board" is the Pollution Control Board.

[415 ILCS 5/3.130]

“Community relations plan” or “CRP” means a plan containing goals, milestones,

and specific tasks that will accomplish two-way communications between a party

performing a response action and community members who may be interested in

or affected by site contamination or activities at the remediation site.

“Contaminant” is any solid, liquid or gaseous matter, any odor, or any form of

energy, from whatever source.

[415 ILCS 5/3.165]

“Contamination” or “contaminate” when used in connection with groundwater,

means water pollution of such groundwater.

[415 ILCS 5/3.170]

"Person" means individual, trust, firm, joint stock company, joint venture,

consortium, commercial entity, corporation (including a government

corporation), partnership, association, state, municipality, commission, political

subdivision of a state, or any interstate body, including the United States

Government and each department, agency and instrumentality of the United

States.

[415 ILCS 5/58.2]

“Person performing a response action” means the person(s) taking responsibility

for addressing a release by authorizing or approving the performance of a

response action (e.g., Leaking Underground Storage Tank Program owner or

operator, Site Remediation Program Remediation Applicant, permittees). The

phrase does not include persons who have been hired or authorized to perform the

response action by the person taking responsibility for the release or persons with

whom the person taking responsibility for the release has contracted or

subcontracted to perform the response action.

"Release" means any spilling, leaking, pumping, pouring, emitting, emptying,

discharging, injecting, escaping, leaching, dumping, or disposing into the

environment, but excludes any release which results in exposure to persons solely

within a workplace, with respect to a claim which such persons may assert

against the employer or such persons; emissions from the engine exhaust of a

motor vehicle, rolling stock, aircraft, vessel, or pipeline pumping station engine;

release of source, byproduct, or special nuclear material from a nuclear incident,

as those terms are defined in the federal Atomic Energy Act of 1954, if such

release is subject to requirements with respect to financial protection established

by the Nuclear Regulatory Commission under Section 170 of such Act; and the

normal application of fertilizer.

[415 ILCS 5/3.395]

“Response action” means any action or series of actions taken to address a release

of contaminants or its effects as may be necessary or appropriate to protect human

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health or the environment. A response action may include, but is not limited to,

release investigation and characterization, soil remediation, and groundwater

remediation.

Section 1505.115

Severability

If any provision of this Part is adjudged invalid, or if the application to any person or in any

circumstance is adjudged invalid, such invalidity must

shall not affect the validity of this Part as

a whole or any Subpart, Section, subsection, sentence or clause thereof not adjudged invalid.

SUBPART B: STANDARDS AND REQUIREMENTS FOR POTABLE WATER SUPPLY

WELL SURVEYS

Section 1505.200

Purpose and Scope

The purpose of this Subpart B is to establish minimum standards and requirements for

performing potable water supply well surveys to ensure that these wells are accurately identified

and located so that impacts and potential impacts to such wells from soil or groundwater

contamination, or both, can be identified. The effects of soil contamination on groundwater

contamination are evaluated as the soil component of the groundwater ingestion exposure route

using modeling as referenced in this Subpart B. This Subpart B sets forth the procedures persons

subject to this Subpart B must

shall use to perform potable water supply well surveys and for the

documentation of the results of well surveys in reports to the Agency.

Section 1505.205

Applicability

Except as provided in subsection (b) of this Section, this Subpart B applies to

persons performing response actions pursuant to applicable Board rules.

Whenever a response action for soil or groundwater contamination, or both, is

required pursuant to applicable Board rules, the person subject to those rules must

shall

comply with the standards and requirements of this Subpart B when a well

survey is required to determine the existence and location of potable water supply

wells. When determining the existence and location of these wells, the person

also must

shall identify and locate setback zones and regulated recharge areas

associated with the wells.

This Subpart B does not contain an independent requirement to perform a

potable water supply well survey. If the Board rules governing the

response action or Agency interpretations of those rules require the

performance of a well survey as part of the response action, this Subpart B

sets forth the minimum standards and requirements that must be satisfied

when performing that well survey and preparing the documentation for

submission to the Agency. In addition, the submission and review of well

survey documentation and appeals of Agency final determinations

concerning well survey procedures and reporting are subject to the rules

governing the response action.

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Applicable Board rules requiring potable water supply well surveys as part

of response actions may supersede the requirements of this Subpart B only

to the extent their express provisions are equivalent to or more stringent

than the standards and requirements of this Subpart B.

Persons performing response actions pursuant to applicable Board rules who

already have initiated the response action for a release as of the effective date of

this Part may be required by the Agency to perform an otherwise required potable

water supply well survey in accordance with this Subpart B if:

The Agency requires the performance of a well survey in accordance with

the applicable Board rules; and

The well survey has not been performed as of the effective date of this

Part; or

The well survey has been performed but has not been approved by the

Agency as of the effective date of this Part and the well survey performed

does not satisfy the requirements of this Subpart B.

Nothing in this Subpart B is intended to prohibit the use of all or some of the

standards and requirements set forth in this Subpart B in other rules or contexts as

authorized by those rules, Board or court orders, or other applicable law.

Section 1505.210

Procedures for Potable Water Supply Well Surveys

When applicable Board rules require a well survey to determine the existence and

location of potable water supply wells, persons subject to this Subpart B must

shall

identify all private, semi-private, and non-community water system wells

located at the property where the release occurred or within 200 feet of the

property where the release occurred, all community water system (“CWS”) wells

located at the property where the release occurred or within 2,500 feet of the

property where the release occurred, and all setback zones and regulated recharge

areas in which all or any portion of the property where the release occurred is

located.

Actions taken to identify the wells and associated protected areas must

shall

include, but are

not be limited to, the following:

Contacting the Agency’s Division of Public Water Supplies to identify

community water system wells and associated setback zones and regulated

recharge areas;

Using current information from the Illinois State Geological Survey, the

Illinois State Water Survey, and the Illinois Department of Public Health

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(or the county or local health department delegated by the Illinois

Department of Public Health to permit potable water supply wells) to

identify potable water supply wells, other than community water system

wells, and their setback zones; and

Contacting the local public water supply entities to identify properties that

receive potable water from a public water supply.

In addition to identifying potable water supply wells and associated protected

areas pursuant to subsections (a) and (b) of this Section, persons subject to this

Subpart B must

shall expand the area of the potable water supply well survey if

measured or modeled groundwater contamination extends beyond a boundary of

the property where the release occurred in concentrations exceeding the

applicable remediation objectives of 35 Ill. Adm. Code 742.Appendix B: Table E

for the groundwater ingestion exposure

route or the applicable groundwater

quality standards at 35 Ill. Adm. Code 620 (e.g., Class I, Class III). If there is no

Table E objective or Part 620 standard, the objective must

shall be determined or

approved by the Agency in accordance with 35 Ill. Adm. Code 620.Subpart F.

The extent of modeled groundwater contamination must

shall be

determined using the procedures of 35 Ill. Adm. Code 742 or another

model or methodology approved by the Agency. When modeling the

extent of groundwater contamination, the modeling must

shall include the

impact from soil contamination in concentrations exceeding the applicable

remediation objectives for the soil component of the groundwater

ingestion exposure route.

At a minimum, the expanded well survey must

shall identify the

following:

All private, semi-private, and non-community water system wells

located within 200 feet, and all community water system wells

located within 2,500 feet, of the measured or

and modeled extent

of groundwater contamination exceeding the applicable

remediation objectives of Part 742 or Part 620 remediation

objectives for the groundwater ingestion exposure route or the

applicable Part 620 groundwater quality standards; and

All setback zones and regulated recharge areas in which any

portion of the measured or

and modeled extent of groundwater

contamination exceeding the applicable remediation objectives of

Part 742 or Part 620 remediation objectives

for the groundwater

ingestion exposure route or the applicable Part 620 groundwater

quality standards is located.

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The Agency may, based on site-specific circumstances or information collection

deficiencies (e.g., incomplete, conflicting or imprecise information, information

assembled from unverified sources), require additional investigation to determine

the existence or location of potable water supply wells, setback zones or regulated

recharge areas. The additional investigation may include, but is

shall not be

limited to, physical well surveys (e.g., interviewing property owners,

investigating individual properties for wellheads, distributing door hangers or

other materials requesting information about the existence of potable wells).

Documentation of a potable water supply well survey conducted in accordance

with this Section must

shall include, but is not be limited to, the following:

One or more maps to a scale clearly showing the following:

The locations of the community water system wells and other

potable water supply wells identified pursuant to this Section; and

The location and extent of setback zones and regulated recharge

areas identified pursuant to this Section.

The maps showing the well locations, setback zones and regulated

recharge areas pursuant to subsection (e)(1) of this Section must

shall

show those areas in relation to the measured or

and modeled extent of

groundwater contamination exceeding the applicable

remediation

objectives of Part 742 or Part 620

for the groundwater ingestion exposure

route or the applicable Part 620 groundwater quality standards

One or more tables listing the applicable setback zones and regulated

recharge areas for each community water system well and other potable

water supply wells identified pursuant to this Section; and

A narrative that, at a minimum, identifies each entity contacted to identify

potable water supply wells and protected areas pursuant to this Section,

the name and title of each person contacted at each entity, and field

observations, if any, associated with the identification and location of

potable water supply wells.

SUBPART C: STANDARDS AND REQUIREMENTS FOR COMMUNITY RELATIONS

ACTIVITIES

Section 1505.300

Purpose and Scope

The purpose of this Subpart C is to establish the minimum standards and

requirements for the development and implementation of community relations

activities in accordance with Section 25d-7 of the Act when the Agency has

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authorized a person the responsible party to provide the notice pursuant to

subsections (a) and (c) of Section 25d-3 of the Act as part of the Agency-approved

community relations activities. In addition, it is the purpose of this Part to ensure

that these community relations activities fully inform communities and individuals

in a timely manner about offsite impacts or potential impacts from soil or

groundwater contamination, or both, and the responses to such impacts. This

Subpart C contains requirements for the content, submission for review,

distribution and implementation of notices, contact lists,

fact sheets and

community relations plans, and the establishment and maintenance of document

repositories.

Subpart C not a limitation:

This Subpart C establishes minimum requirements for community

relations activities when such activities are to be performed in place of a

notice by the Agency in accordance with subsection (a) of Section 25d-3

of the Act. Nothing in this Subpart C is intended to prohibit or prevent a

person from implementing other community relations activities sooner

than required by this Subpart or under circumstances in addition to those

described in this Subpart. The Agency may recommend that community

relations activities be performed at other times and under other

circumstances and may offer assistance with development and

implementation of such activities where resources permit.

Nothing in this Subpart C is intended to limit in any way the Agency’s

authority to provide independent notice of threats of exposure to the

public from soil or groundwater contamination, or both, in accordance

with Title VI-D of the Act [415 ILCS 5/25d-1 – 25d-10] and

implementing rules or under any other authority.

Section 1505.305

Applicability

Whenever the Agency determines that it must provide notice pursuant to

subsection (a) of Section 25d-3 of the Act, the Agency may authorize a person

the

responsible party to provide the notice as part of the Agency-approved community

relations activities developed and implemented in accordance with this Subpart C.

Nothing in this Subpart C requires the development and implementation of

community relations activities in accordance with this Subpart unless:

The Agency notifies the person

responsible party in writing that a notice

must be issued under subsection (a) of Section 25d-3 of the Act;

As a part of the written notice to the responsible party, the Agency offers

the person

responsible party the opportunity to provide the notice in lieu of

the Agency issuing the notice; and

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The person

responsible party accepts the Agency’s offer and notifies the

Agency in writing within seven days of receipt of the Agency’s offer

(unless a longer period of time is provided in the Agency’s notice letter)

that it intends to provide the notice as part of the community relations

activities developed and implemented in accordance with Subpart C of this

Part in lieu of the Agency providing the notice.

Nothing in this Subpart C is intended to prohibit the use of all or some of the

standards and requirements set forth in this Subpart C in other rules or contexts as

authorized by those rules, Board or court orders, or other applicable law.

Section 1505.310

Notices and Community Relations Plans for Limited Community

Relations Activities Contact Lists and Fact Sheets

Authorized parties must

Persons authorized by the Agency to provide notice

pursuant to subsections (a) and (c) of Section 25d-3

of the Act as part of

community relations activities shall comply with community relations

requirements in subsection (b) of

this Section if:

Measured or modeled groundwater contamination from the site where the

release occurred (including the impact from soil contamination in

concentrations exceeding the applicable remediation objectives for the

soil component of the groundwater ingestion exposure route) poses a

threat above the Class I groundwater quality standards at 35 Ill. Adm.

Code 620 at five or fewer offsite private, semi-private or non-community

water system wells; or

Offsite soil contamination from the site where the release occurred poses

a threat of exposure to the public above the appropriate Tier 1 remediation

objectives for the current use(s) at five or fewer offsite properties.

An authorized party

The person authorized to provide notice as part of community

relations activities and within the limits set forth in subsection (a) of this Section

must

shall develop a notice and a community relations plan (CRP) consisting of a

contact list and develop and distribute a

fact sheet in accordance with this

subsection (b).

Notices issued under

subsection (c) of Section 25d-3 of the Act and this

Part must be distributed in accordance with Section 1505.335 of this Part

to the contact list as derived from subsection (b)(2) of this Section and

may contain the following information

The name and address of the site or facility where the release

occurred or is suspected to have occurred;

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The identification of the contaminant released or suspected to have

been released;

Information as to whether the contaminant was released or

suspected to have been released into the air, land, or water;

A brief description of the potential adverse health effects posed by

the contaminant;

A recommendation that water systems with wells impacted or

potentially impacted by the contamination be appropriately tested;

and

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

Agency from whom additional information about the release or

suspected release can be obtained.

[415 ILCS 5/25d-3(c)]

21)

The authorized party person must shall prepare a contact list including, but

not limited to, the following affected, potentially affected or interested

persons, as applicable:

Owners of properties served by private, semi-private or non-

community water system wells that have been or may be impacted

by groundwater contamination from the release;

Owners of offsite properties with soil contamination posing a

threat of exposure above the appropriate Tier 1 remediation

objectives for the current use(s);

Occupants of the properties identified in subsections (b)(2)(1)(A)

and (b)(2)(1)(B)

of this Section to the extent reasonably

practicable. The contact list must

shall include the methods by

which the responsible party has attempted to identify the

occupants;

Owners of properties without potable water supply wells but with

groundwater that has been or may be impacted by groundwater

contamination from the release; and

Officials of each unit of government serving the affected

properties, including state and federal legislators, county board

chairs and county clerks, township supervisors, and mayor or

village presidents and city or village clerks. Officials of

specialized districts (e.g., school, drainage, park districts) may be

excluded from the contact list unless required pursuant to

subsections (b)(2)(1)(A)

through (b)(2)(1)(D) of this Section.

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32)

The authorized party person must shall develop a fact sheet for the release

and response action. The fact sheet must

shall be distributed in

accordance with Section 1505.335 of this Part to the contact list as derived

from subsection (b)(2)(1)

of this Section. The fact sheet must shall be

written clearly and concisely in non-technical, non-legal terminology.

The fact sheet and any required updates, must

shall contain, at a minimum,

the following information to the extent available:

The nature and extent of the contaminants identified on and off the

site where the release occurred;

A brief description of the pathways of potential exposure and the

potential adverse public health effects posed by the contaminants;

A description of any precautionary measures affected or potentially

affected parties should take to avoid or reduce potential public

health impacts, including potable well sampling and analysis

recommendations, as appropriate;

A non-technical description of the steps that are proposed to

address the contamination including, but not limited to, soil

excavation and treatment, disposal or redistribution, pump-and-

treat, bio-remediation, reliance on engineered barriers or

institutional controls, groundwater monitoring, and so forth;

The anticipated remediation schedule through completion of the

project, including any operation, maintenance or monitoring

following construction of the remedy;

The nature of the closure documentation expected from the

Agency (e.g., focused or comprehensive No Further Remediation

(“NFR”) Letter, permit modification, reliance on engineered

barriers or institutional controls);

The date of preparation of the fact sheet, the name of the

representative(s) of the business, site or facility from whom

information and site-related documents may be obtained, and e-

mail address, postal address and telephone number where the

representative(s) can be reached; and

The name, e-mail address, postal address and telephone number of

the Agency’s designated staff person and a statement that

additional information and site-related documents may be available

by contacting the Agency’s designated staff person or by filing a

request for site-specific information with the appropriate Agency

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bureau in accordance with the Freedom of Information Act (5

ILCS 140).

For information that is not available when a fact sheet is prepared pursuant to

subsection (b)(3)(2)

of this Section, the submission of the fact sheet to the Agency

for review must

shall be accompanied by an explanation of why the information is

unavailable at the time of the submission of the fact sheet and an estimate of when

the missing information will be supplied in a revised fact sheet.

Fact sheets and contact lists developed in accordance with this Section must

shall

be updated and redistributed whenever new information is obtained or developed

or circumstances change so that there is a material change to the information

required or provided in the fact sheet (e.g., completion of site investigation and

characterization of the nature and extent of contaminants, higher concentrations

of contaminants than previously detected, evidence of additional contaminants of

concern or of a larger area affected by contamination, approval of plans or

reports, completion of response action activities).

Section 1505.315

Notices, Fact Sheets, and

Community Relations Plans Plan for Expanded

Community Relations Activities

Authorized parties must

Persons authorized by the Agency to provide notice

pursuant to subsections (a) and (c) of the Act as part of community relations

activities shall comply with the community relations requirements in subsection

(b) of this Section if:

Measured or modeled groundwater contamination from the site where the

release occurred (including the impact from soil contamination in

concentrations exceeding the applicable remediation objectives for the

soil component of the groundwater ingestion exposure route) poses a

threat above the Class I groundwater quality standards at 35 Ill. Adm.

Code 620 at more than five offsite private, semi-private or non-

community water system wells or one or more community water system

wells; or

Offsite soil contamination from the site where the release occurred poses

a threat of exposure to the public above the appropriate Tier 1 remediation

objectives for the current use(s) at more than five offsite properties.

An authorized party

The person authorized to provide notice as part of community

relations activities and exceeding the limits set forth in subsection (a) of this

Section must

shall develop and implement a notice and a community relations

plan and fact sheet in accordance with this subsection (b). Section 1505.Appendix

A of this Part contains the outline of a model community relations plan that may

be appropriate for a site subject to this Section. would be appropriate for a

complex site.

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Notices must be developed in accordance with subsection (b)(1) of

Section 1505.310 of this Part and distributed in accordance with Section

1505.335 of this Part to the contact list as derived from subsection

(b)(2)(D) of this Section.

21)

The CRP must be implemented in accordance with Section 1505.335 of

this Part and must shall include, but is not be limited to, the following

elements to the extent related to the contaminants being addressed in the

response action:

A description of the site or facility and details of the release and

any related soil or groundwater contamination;

A list of community issues and concerns collected from affected,

potentially affected, and interested parties identified though the

process outlined in subsection (b)(2)(1)(D)

of this Section;

A community relations program including elements of outreach,

methods for maintaining a dialogue with affected, potentially

affected, and interested parties, and a schedule for activities and

objectives; and

The process for identifying and updating the contact list, which

must

shall consist of affected, potentially affected, and interested

parties including, but not limited to:

Owners of properties served by private, semi-private or

non-community water systems that have been or may be

impacted by groundwater contamination from the release;

ii)

Owners and operators of community water system wells

that have been or may be impacted by groundwater

contamination from the release;

iii)

Owners of properties without potable water supply wells

but with groundwater that has been or may be impacted by

groundwater contamination from the release;

iv)

Owners of offsite properties with soil contamination posing

a threat of exposure above the appropriate Tier 1

remediation objectives for the current use(s);

Occupants of the properties identified in subsections

(b)(2)(1)(D)(i)

and (b)(2)(1)(D)(iv) of this Section to the

extent reasonably practicable. The community relations

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plan must shall include the methods by which the

responsible party will attempt to identify the occupants;

vi)

Local, state and federal officials whose jurisdiction covers

the affected and potentially affected properties including:

mayor or village president, city or village clerk, township

supervisors, county board chair and county clerk, city and

county health department administrator; state and federal

legislators; and

vii)

Citizens, identified groups, organizations or businesses

within a minimum of 1000 feet from the site where the

release occurred that may have an interest in learning about

affected and potentially affected properties (e.g., public and

private school administrator(s), Parent-Teacher Association

(PTA) leader(s); day care center, senior center and nursing

home management; neighborhood or homeowner

association or other community leader(s) as identified;

hospital and clinic management; and recognized

environmental or citizen advisory groups). If approved by

the Agency, the initial minimum distance of 1000 feet may

be expanded or contracted as the CRP and contact list are

updated based on new information developed during the

response action.

32)

Along with the development of a notice and CRP in accordance with

subsections

subsection (b)(1) and (b)(2) of this Section, the authorized

party persons subject to this subsection (b) must shall develop and

distribute a fact sheet for the release and response action. The fact sheet

must

shall be distributed in accordance with Section 1505.335 of this Part

to the contact list as derived from

in subsection (b)(2)(1)(D) of this

Section. The fact sheet must

shall be written clearly and concisely in non-

technical, non-legal terminology. If a significant portion of the population

surrounding the site where the release occurred is non-English speaking,

the fact sheet must

shall be produced and distributed in both English and

the other predominant language. The fact sheet and any required updates

must

shall contain, at a minimum, the following information to the extent

available:

The nature and extent of the contaminants identified on-site and

offsite of the site where the release occurred;

A brief description of the pathways of potential exposure and the

potential adverse public health effects posed by the contaminants;

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A description of any precautionary measures affected or potentially

affected parties should take to avoid or reduce potential public

health impacts, including potable well sampling recommendations,

as appropriate;

A non-technical description of the steps that are proposed to

address the contamination including, but not limited to, soil

excavation and treatment, disposal or redistribution, pump-and-

treat, bio-remediation, reliance on engineered barriers or

institutional controls, groundwater monitoring, and so forth;

The anticipated remediation schedule through completion of the

project, including any operation, maintenance or monitoring

following construction of the remedy;

The nature of the closure documentation expected from the Agency

(e.g., focused or comprehensive NFR Letter, permit modification,

reliance on engineered barriers or institutional controls);

Responses to key community concerns as expressed by affected,

potentially affected and interested parties;

The World Wide Web address of the Document Repository

established pursuant to Section 1505.320 of this Part and the

address and hours of the document repository established at a

physical location, if also required pursuant to Section 1505.320 of

this Part;

The date of preparation of the fact sheet, the name of the

representative(s) of the business, site or facility from whom

information and copies of repository and other site-related

documents may be obtained, and e-mail address, postal address and

telephone number where the representative(s) can be reached; and

The name, e-mail address, postal address and telephone number of

the Agency’s designated staff person and a statement that additional

information and site-related documents may be available by

contacting the Agency’s designated staff person or by filing a

request for site-specific information with the appropriate Agency

bureau in accordance with the Freedom of Information Act (5 ILCS

140).

For information that is not available when a fact sheet is prepared pursuant to

subsection (b)(3)(2)

of this Section, the submission of the fact sheet to the Agency

for review must

shall be accompanied by an explanation of why the information is

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unavailable at the time of the submission of the fact sheet and an estimate of when

the missing information will be supplied in a revised fact sheet.

Updates:

Fact sheets developed in accordance with subsection (b)(2) of this Section

must

shall be updated and redistributed whenever new information is

obtained or developed or circumstances change so that there is a material

change to the information required or provided in the fact sheet (e.g.,

completion of site investigation and characterization of the nature and

extent of contaminants, higher concentrations of contaminants than

previously detected, evidence of additional contaminants of concern or of

a larger area affected by contamination, approval of plans or reports,

completion of response action activities).

The CRP including, but not limited to, the contact list must

shall be

reviewed on a regular basis and updated, as necessary, to ensure that

timely and accurate information is provided to affected, potentially

affected and interested parties and communities about releases of

contaminants with actual or potential impacts to offsite wells, offsite

property uses, or both. A current version of the publicly available CRP

must

shall be kept in the document repository described in Section

1505.320.

Section 1505.320

Establishment of Document Repository

Authorized parties

Persons developing a CRP pursuant to Section 1505.315 of this Part also

must

shall establish a document repository for the purpose of displaying documents and

providing copies of those documents. The document repository must

shall be established at a

World Wide Web site. unless the person authorized to provide the notice as part of community

relations activities or the Agency receives a request for a document repository at a physical

location. A document repository at a physical location also must be established if a request for a

repository at a physical location is made to the responsible party or to the Agency. If an

individual requests a document repository at a physical location, the authorized party

person

authorized to provide the notice may satisfy the request by providing a complete set of copies of

the documents to the party making the request. If two or more individuals, one or more groups

of individuals (e.g., citizen or neighborhood groups, civic organizations), or a local government

official or administrator requests a document repository at a physical location, the authorized

party person authorized to provide the notice must shall establish and maintain the document

repository at both a World Wide Web site and at a physical location as described under

subsection (c) of this Section.

The document repository must

shall include the notice, community relations plan,

all public notices (e.g., proof of publication for newspaper or other published

notices, letters, door hangers, or other forms of public notification), all fact sheets,