ILLINOIS POLLUTION CONTROL BOARD
    March 9,
    1995
    CITY OF ELGIN,
    Petitioner,
    PCB 94—371
    v.
    )
    (Water Well Setback Exception)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by J.
    Yi):
    On December 2,
    1994 the City of Elgin
    (City)
    filed a
    petition for an exception to the water well setback requirements,
    pursuant to Section 14.2(c)
    of the Environmental Protection Act
    (Act)
    and the Board’s procedural rules at 35
    Ill.
    Adm. Code
    106.601
    et.
    seq.
    (415
    ILCS 5/14.2(c)
    (1992).)
    The water well
    setback requirements set forth in Section 14.2
    of the Act provide
    minimum set back zones from public water supply wells for the
    location of each new potential source.
    (415 ILCS 5/14.2
    (1992).)
    The City is requesting the Board to grant an exception from
    the water well setback exception in order to construct new lime
    residue storage lagoons at its Airlite Street Water Treatment
    Plant located at 74 North Airlite Street,
    Elgin,
    Illinois.
    (Pet.
    at
    1.)’
    The City states that its current lagoons are located
    approximately 20 feet from one of its water supply wells and
    within the 200 feet minimum setback zone for its other three
    water supply wells.
    The City states that the facility is
    surrounded by an elementary school,
    hospital, residential areas
    and a private property that do not permit adjacent relocation of
    the lagoons.
    The existing lagoons were constructed in the 1960s
    and must now be closed pursuant to 35 Ill. Adm Code 615.442.
    The
    City alleges that the hydrogeological conditions surrounding the
    water supply wells is such that there is minimal potential for
    contamination.
    The City further states that it “...will solicit
    the services of a professional engineering firm to oversee the
    design and construction of the new lagoon and also the closure of
    the existing lagoon...” and that it will use the best available
    controls economically achievable to minimize contamination.
    (Pet. at 3.)
    However, the City did not provide any specific
    design, operational and maintenance plans and states that
    The City’s exception petition will be referenced as “Pet.
    at
    “
    and the Agency’s motion to dismiss will referenced as “Mot.
    at
    “.
    2
    “sjpecific
    design criteria, operating requirements, and costs
    will be formulated after the Board’s response to this petition
    for exception is received.”
    (Pet.
    at 3.)
    The Illinois Environmental Protection Agency (Agency),
    on
    December 22,
    1994,
    filed
    a motion to dismiss or alternatively an
    order requesting clarification and more information.
    The Board
    entered an order on January
    11,
    1995 finding the petition
    deficient and directed the City to file specific information
    supplementing it’s petition on or before March
    10,
    1995 and
    denied the Agency’s motion to dismiss.
    The City filed the
    appropriate supplemental information on March
    3,
    1995.
    Therefore, the matter is accepted for hearing and will be
    assigned to a Hearing Officer immediately.
    The Board will hold a
    hearing pursuant to 35 Ill. Adm. Code 106.604 which has specific
    public notice periods that will not be altered.
    Section 106.603 of the Board’s procedural rules provide that
    within 21 days after the filing of
    a petition, the Agency and the
    water well owner,
    shall file a response to any petition in which
    it has not joined as co-petitioner.
    (35 Ill.
    Adm.
    Code
    106.603(a).)
    The petitioner may then file
    a reply within 14 days
    of the filing of the responses.
    (35 Ill. Adm.
    Code.
    106.603(b).)
    The Agency’s response
    is due on or before March 24,
    1995.
    The
    City’s reply would be due on or before April
    7,
    1995.
    The
    assigned Hearing Officer shall schedule a hearing at the earliest
    time in accordance with the above dates and
    35
    Ill.
    Adin.
    Code
    102
    .
    162.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the above order was adopted on the
    ~
    day of
    ~7Th
    ~---~-‘
    ,
    1995,
    by a vote of
    ~/-~
    4u
    ~
    Dorothy M~”~unn,Clerk
    Illinois ~llution
    Control Board

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