injection wells associated with the recovery of geothermal energy for heating, aquaculture, and production of electric power;

wells used for solution mining of conventional mines such as stopes leaching;

wells used to inject spent brine into the same formation from which it was withdrawn after extraction of halogens or their salts;

injection wells used in experimental technologies; and

injection wells used for in-situ recovery of lignite, coal, tar sands, and oil shale. (40 CFR 146.5)
 
 "Container" means any portable device (including 55-gallon drums) in which material is stored, treated, disposed of, or otherwise handled. The term "container" does not include a vehicle used to transport material.

Section 617.120  Prohibitions

   

	a)	The following new facilities, sites, units, or potential routes must not be located within a delineated regulated recharge area:
		1)	low level radioactive waste sites;

2)

class V injection wells;

    

3)	municipal solid waste landfills; or
4)	special or hazardous waste landfills.
	b)	For the purpose of subsection (a), “new” means the following:
		1)	a facility, site, or unit that is not in existence or for which construction has not commenced at its location as of the effective date of any Subpart of this Part that creates a delineated regulated recharge area in which that facility is located;

 

2)

a facility, site, or unit that expands laterally beyond the currently permitted boundary or, if the potential primary source is not permitted, the boundary in existence as of the effective date of any Subpart of this Part that creates a delineated regulated recharge area in which that facility is located;

    

		3)	a unit or site that is part of a facility that undergoes major reconstruction, which shall be deemed to have taken place where the fixed capital cost of the new components, constructed within a 2-year period, exceed 50% of the fixed capital cost of a comparable entirely new facility; or
4)	a Class V injection well that is not in existence or for which construction has not commenced at its location as of the effective date of any Subpart of this Part that creates a delineated regulated recharge area in which that facility is located.

 

(Source: Added at 25 Ill. Reg. 10350, effective September 1, 2001)

Section 617.120 Prohibitions
 

a)	The following new facilities, sites, units, or potential routes must not be located within a delineated regulated recharge area:

 
1)  low-level radioactive waste sites;
 
2)  class V injection wells;
 
3)  municipal solid waste landfills; or
 
4)  special or hazardous waste landfills.

 

b)	For subsection (a), "new" means the following:

 

1)	a facility, site, or unit that is not in existence or for which construction has not commenced at its location as of the effective date of any Subpart of this Part that creates a delineated regulated recharge area in which that facility is located;

 

  

2)	a facility, site, or unit that expands laterally beyond the currently permitted boundary or, if the potential primary source is not permitted, the boundary in existence as of the effective date of any Subpart of this Part that creates a delineated regulated recharge area in which that facility is located;
3)	a unit or site that is part of a facility that undergoes major reconstruction, which is considered to have taken place if the fixed capital cost of the new components, constructed within a 2-year period, exceeds 50% of the fixed capital cost of a comparable entirely new facility; or
4)	a Class V injection well that is not in existence or for which construction has not commenced at its location as of the effective date of any Subpart of this Part that creates a delineated regulated recharge area in which that facility is located.

 

 

(Source: Amended at 47 Ill. Reg. 7681, effective May 16, 2023)

Section 617.125 Recharge Area Suitability Assessment
 

The purpose of the recharge area suitability assessment process is to assess potential environmental impacts that a new facility would have within a regulated recharge area and assure that appropriate measures to protect against possible contamination will be included in the operation of the facility.

a)

The owners or operators of new major potential sources located wholly or partially within a delineated regulated recharge area must file a recharge area suitability assessment with the Agency before the commencement of construction, except for livestock operations that meet the criteria in 35 Ill. Adm. Code 501.404(e) or except as provided in subsection (b).

 

b)

For any livestock waste handling facility subject to the Livestock Management Facilities Act [510 ILCS 77], the requirement in subsection (a) for filing a recharge area suitability assessment is only applicable to the facility after filing a notice of intent, or a complete registration if the facility is designed to handle the waste from a 300-animal unit or larger operation, and:

 

1)	a public informational meeting under Section 12 of the Livestock Management Facilities Act is not requested; or

 

2)	the provisions for a public informational meeting do not apply to the facility.

 

c)	A recharge area suitability assessment must include the following:

 

1)	a legal description of the site and location maps including:

 

A)	a topographic map of the site drawn to a scale of 200 feet to the inch or larger with a contour interval of less than 50 feet;

 

B)	an area map that shows the approximate distance of the unit at a facility or site from the nearest potable water supply well or sinkhole; and

 

C)	an area map that identifies all land uses within 1 mile of the site;

 
2)  soil survey data for the site;
 

 

3)	an explanation of the proposed operation and any protection controls or measures;
4)	a description of any management systems that will be utilized to prevent environmental contamination; and

 

5)	an analysis of the potential environmental impacts that could occur due to the operation of the facility and any mitigating measures that will be implemented.

 

d)	Within seven days after filing the suitability assessment, the owner or operator  must:

 

1)	notify all adjacent property owners of the filing; and

 

2)	publish a public notice regarding the filing of the assessment in a newspaper whose circulation covers the affected area.

 

e)	Within 45 days after the filing of an assessment, any person may:

 

  

1)	request copies of the assessment from the Agency; and
2)	request that the Agency hold a public hearing at a location in the vicinity of the proposed facility.

f)	The Agency must hold the public hearing within 45 days after receiving the written request under subsection (e)(2).

 

g)	The Agency must provide 21 days' public notice before a public hearing.

 

h)	Within 90 days after the filing of an assessment or within 120 days after a hearing, the Agency must issue a written statement with one of the following determinations:

 

 

1)	the assessment demonstrates the potential environmental impacts that a facility would have within the recharge area and includes the appropriate measures to protect against possible contamination;
2)	the assessment does not demonstrate the potential environmental impacts that a facility would have within the recharge area and does not include the appropriate measures to protect against possible contamination; or

 

3)	the assessment must be modified to address any impacts that the facility will have on the groundwater within the area.

 

i)  Within 30 days after receiving the Agency's written statement under subsection (h)(2) or (h)(3), the owner or operator of the facility may respond to the statement.

 
j)  Within 30 days after receiving a response under subsection (i) from the owner or operator of the facility, the Agency must issue a final statement regarding the assessment. If no response is received by the Agency within the 30-day period of subsection (i), no further Agency action is necessary and the statement issued under subsection (h) stands as the Agency's final statement.

 
k)  Operation of the facility may start only after the Agency issues a final statement.

 
l)  The applicant may appeal the Agency's final statement to the Board by filing a petition within 35 days after receiving the statement. The petition must be filed, and the proceedings conducted, under the procedures in 35 Ill. Adm. Code 105.
 

(Source: Amended at 47 Ill. Reg. 7681, effective May 16, 2023)

 
Section 617.130 Technology Control Regulations
 
The standards and requirements of 35 Ill. Adm. Code 615, 616, 8 Ill. Adm. Code 257, or 77 Ill. Adm. Code 830 apply to the following existing and new activities if the activities are located wholly or partially within 2,500 feet of the wellheads and are located or take place within a regulated recharge area:
 

a)	landfilling, land treating, surface impounding, or piling of special waste and other wastes that could cause contamination of groundwater and that are generated on the site, other than hazardous waste, livestock waste, and construction and demolition debris;

 

b)	storage of special waste in an underground storage tank to which federal regulatory requirements for the protection of groundwater do not apply;

 

c)	storage and related handling of pesticides and fertilizers at a facility for commercial application;

 

d)	storage and related handling of road oils and de-icing agents at a central location; and

 

e)	storage and related handling of pesticides and fertilizers at a central location for distribution to retail sales outlets.

 

(Source: Amended at 47 Ill. Reg. 7681, effective May 16, 2023)

 

Section 617.135 Abandoned and Improperly Plugged Well Assistance Program
 

The Department of Public Health and Department of Natural Resources may develop an assistance program for abandoned and improperly plugged water supply wells as follows:

 

a)	The Department of Natural Resources and Department of Public Health must develop educational materials on the requirements for properly plugging abandoned water supply wells within a regulated recharge area.

    

b)

The Department of Natural Resources and the Department of Public Health must work with a school district to develop, and implement an educational program utilizing the materials developed under subsection (a) on the requirements for properly plugging abandoned water supply wells within, or within the service area of the water supply within a regulated recharge area.

c)

The water supply associated with a regulated recharge area will distribute the educational materials developed under subsection (a) to the water users within the service area.

d)

The Department of Natural Resources must work with a school district in the service area associated with a regulated recharge area to develop and implement groundwater protection information on the proper plugging requirements of abandoned water supply wells.

 

 

(Source: Amended at 47 Ill. Reg. 7681, effective May 16, 2023)

Section 617.140 Recharge Area Road Sign Posting
 

Road signs will be posted at the entrance to and exit from a regulated recharge area after September 1, 2001, as follows:

 

a)	the Agency must work with the Illinois Department of Transportation to demarcate any State or interstate road or highway at the perimeter of a regulated recharge area; and

 

b)	the public water supply, as defined in 415 ILCS 5/3.365, must demarcate where any major road other than a State or interstate road or highway enters or exits a regulated recharge area.

 

 

(Source: Amended at 47 Ill. Reg. 7681, effective May 16, 2023)

 

		SUBPART B:			PLEASANT VALLEY PUBLIC WATER DISTRICT REGULATED RECHARGE AREA

Section 617.200 Purpose
 
This Subpart establishes requirements and standards for the protection of the Pleasant Valley Public Water District for certain types of existing or new facilities, sites, or units located wholly or partially within the regulated recharge area boundary delineated in 35 Ill. Adm. Code 617.Appendix A.
 

 

(Source: Amended at 47 Ill. Reg. 7681, effective May 16, 2023)

Section 617.205 Applicability
 

a)	This Subpart applies to the following facilities, sites, units, or wells located partially or wholly within the Pleasant Valley Public Water District's recharge area boundary:

 

1)	those activities not regulated by 35 Ill. Adm. Code 615 or 616;

 

2)	Class V wells and abandoned and improperly plugged wells of any type;

 

3)	existing and new potential primary sources of groundwater contamination, existing and new potential secondary sources of groundwater contamination, existing and new potential tertiary sources of groundwater contamination, and existing and new potential routes of groundwater contamination.

 

b)

This Subpart has no impact on the application of State or federal laws or regulations (35 Ill. Adm. Code 615, 35 Ill. Adm. Code 616, Sections 106 and 107 of the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. 9601 et seq.); Sections 3004 and 3008 of the Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.); Sections 4(q), 4(v), 12(g), 21(d), 21(f), 22.2(f), 22.2(m) and 22.18 of the Act; 35 Ill. Adm. Code 724, 725, 730, 731, 733, 740, 742, 750, 811 and 814) to activities addressed in those Parts or Sections that occur within the boundaries of the regulated recharge area set out in this Part.

 

 

(Source: Amended at 47 Ill. Reg. 7681, effective May 16, 2023)

Section 617.210 Registration of Potential Sources and Routes of Groundwater Contamination
 

The owner or operator of potential sources or routes of groundwater contamination, located wholly or partially within the Pleasant Valley Public Water District's regulated recharge area defined in Appendix A, must register the location with the Agency using forms provided in Appendix B as follows:

 

a)	At least 30 days before the commencement of construction for new potential routes or primary, secondary, or tertiary sources of groundwater contamination; or

 

b)	Within 90 days after the registration meeting described in Section 617.215.

 

 

(Source: Amended at 47 Ill. Reg. 7681, effective May 16, 2023)

Back to top

---

Section 617.215  Recharge Area Registration Meeting

  

The Agency must hold an informational and registration meeting for the owners or operators of potential sources and routes of groundwater contamination that are located within the boundaries of the regulated recharge area.

a)

Within 30 days after September 1, 2001, the Agency, with the cooperation of the Pleasant Valley Water District, must conduct a door-to-door canvass to notify the owners or operators of all known potentially impacted facilities of the date, time, and place of the informational and registration meeting.

   

	b)	At the meeting, the Agency will provide:
		1)	information concerning the applicability of this Subpart;

 

2)

an explanation of and information concerning any other related regulations; and

 

3)

an opportunity for the owner or operator to register the facility.

 

c)

The Agency will sponsor the meeting within 90 days after September 1, 2001, at a location within the Pleasant Valley Public Water District.

 

d)

The Agency must provide copies of each registration to the Pleasant Valley Public Water District.

 

(Source: Added at 25 Ill. Reg. 10350, effective September 1, 2001)

 
Section 617.220 Management Systems for Potential Sources
 

a)	The owner or operator of any potential tertiary source of groundwater contamination located wholly or partially within the regulated recharge area must develop and implement a chemical substances management system that must include the following:

 

1)	a brief description of how the on-site chemical substances are stored and used;

 

2)	a potential release assessment and the response procedures to be followed by the facility for notifying local emergency response agencies;

 

3)	management measures that are employed to reduce the potential for releases; and

 

4)	training provided by the Agency under Section 617.225.

 

b)	The owner or operator of an existing potential tertiary source of groundwater contamination located wholly or partially within the regulated recharge area must:

 

1)	Within 90 days after September 1, 2001, register for the training required under Section 617.225; and
2)	Within 120 days after September 1, 2001, attend an Agency-sponsored training program required under Section 617.225 before the development of the required chemical substances management plan (CSMP).

 

c)	The owner or operator of an existing potential tertiary source of groundwater contamination located wholly or partially within the regulated recharge area must, within 180 days after the training required under Section 617.225, develop a CSMP and make it available on-site.

 

d)	The chemical substances management system for a new potential tertiary source must also include secondary containment. Chemical substance storage areas regulated under this Subpart must have a constructed or prefabricated containment system that is operated as follows:

   

1)	When not protected from receiving precipitation, the constructed or prefabricated containment system must have:

A)	a minimum containment volume of a 6-inch rain storm (a 25-year, 24-hour rain);

 

B)	the capacity of the largest container or tank; and

 

C)	the volume displaced by the bases of the other tanks located within the secondary containment structure.

 

2)	When protected from receiving precipitation, the constructed or prefabricated containment system must have a minimum containment volume of 100 percent of the capacity of the largest container or tank, plus the volume displaced by the bases of the other containers or tanks.

 

3)

The owner or operator must prevent run-on into the prefabricated or constructed secondary containment system unless the collection system has sufficient excess capacity in addition to that required in subsection (d)(1) to contain any run-on that might enter the constructed or prefabricated containment system.

 

4)	The owner or operator must remove spilled or leaked material and accumulated precipitation from the sump or collection area in a timely manner to prevent overflow of the collection system.

 

e)	The owner or operator of a new potential tertiary source of groundwater contamination located wholly or partially within the regulated recharge area must:

 

1)	register for the training required under Section 617.225 at least 30 days before the commencement of construction; and

 

2)	attend an Agency sponsored training program required under Section 617.225 within 60 days after registration.

 

  

f)

The owner or operator of a potential primary or secondary source must review the facility's chemical management practices and take any necessary actions to ensure protection equivalent to subsection (a) or (d).

g)

The owner or operator of a potential tertiary source of groundwater contamination must do the following unless an equivalent CSMP has been prepared and filed:

1)

maintain a CSMP at the facility at all times;

 

2)

review the CSMP annually;

 

3)

clearly identify changes in the CSMP;

  

4)	provide a copy of the initial Plan to the appropriate local fire department and police response agency; and
5)	make the CSMP available for inspection by the public during normal operating hours.

 
(Source: Amended at 47 Ill. Reg. 7681, effective May 16, 2023)
 
Section 617.225 Training Program for Potential Tertiary Sources
 

a)	A chemical substance management training program (as required in Section 617.220(a)) must be conducted by the Agency as follows:

 

       

1)

The training program must cover the following topics:

A)

an overview of the sensitivity of community water supply recharge areas and groundwater protection;

B)

improperly abandoned wells;

C)

the procedure for developing a chemical substance management system;

D)

cost-effective containment systems;

E)

small business technical assistance opportunities; and

F)

pollution prevention alternatives appropriate for the type of business.

2)

The chemical substances management system training program must be offered at least once and may be offered more frequently, depending upon demand. The Agency or its designee must publish advance notice of the time, date, and location for each training program.

 

3)	An individual must enroll with the Agency prior to the date for the next scheduled training program.

 

4)	The Agency must provide the owner or operator of a potential tertiary source that participates in the chemical substances management training program with a certificate of completion.

 

b)

The owner or operator of a potential tertiary source who receives a certificate of completion of a chemical substances management training program must post the certificate of completion at the owner's or operator's place of business and must provide a copy of the certificate to the Pleasant Valley Public Water District within 10 days after receipt of the certificate from the Agency.

 
(Source: Amended at 47 Ill. Reg. 7681, effective May 16, 2023)

   
Section 617.Appendix A Boundary of the Pleasant Valley Public Water District Regulated Recharge Area
 
Agency Note: A full scale copy of this map is available for public inspection in the Board’s office in the James R. Thompson Center, 100 W. Randolph St., Suite 11-500, Chicago, Illinois 60601.
 
 

(Source: Added at 25 Ill. Reg. 10350, effective September 1, 2001)

 

Back to top

---