ORIGIK1AI
RECEIVED
ii
~
CLERK’S OFFCE
ILLINOIS POLLUTION CONTROL BOARD
DEC
13
2OO~
December 13, 2004
STATE
OF
ILLI~JOIS
Pollution Control Board
IN THE MATTER OF:
)
)
SETBACK ZONE FOR CITY OF
)
R05-9
MARQUETTE HEIGHTS
COMMUNITY
)
(Rulemaking
—
Public Water Supply)
WATER SUPPLY, NEW 35
ILL. ADM.
)
CODE618
)
NOTICE OF HEARINGS
DATES, TIMES, AND PLACES:
FIRST HEARiNG:
TUESDAY, MARCH
1, 2005,
at 10:00 A.M.
Pekin City Hall
Council
Chambers
—
2d Floor
111
South
Capitol Street
Pekin, Illinois
SECOND HEARING:
TUESDAY, APRIL
5,
2005, at 10:00 A.M.
James R.
Thompson Center
Room 2-025
100
West Randolph Street
Chicago, Illinois
PURPOSE OF HEARINGS:
Merit and Economic
ATTENDING BOARD MEMBERS:
Andrea S. Moore
HEARING OFFICER:
Richard R. McGill,
Jr.
HEARING OFFICER ORDER
On
November
5,
2004, the Board received a rulemaking proposal from the Illinois
Environmental Protection Agency (Agency)
to
establish 1,000-foot setback zone protection for
the community water supply (CWS) wells ofthe City ofMarquette Heights, in Tazewell County.
The proposal is the first ofits kind under Section
14.3(d) ofthe Environmental Protection Act
(415 ILCS
5/14.3(d)
(2002)), which allows for the establishment of“maximum setback zones” to
prevent contamination ofparticularly vulnerable groundwater sources used by CWS.
In
compliance ~
the Amedeans with
)isahi
lies
Act and
it
apolieable
federal and State laws, the hearin
will
be accessible
to individuals with
disabilities,
Persons requiring auxiliary aids arid services should
contact l)oroth\
Goon. Clerk of the Board. at
100
West
Randolph
St.,S
nile
11 —i~00.
Chicago, Illinois 60001
,
at ielcpi one number
3
12/81 4—693
1
,
OiX
number
3
12/81 4—3(410, or T1.)D number
.33 2/8 14—6032,
live days lirior to
the
hearing.
2
The proposed public water supply rules would create a new Part 618 ofTitle 35
of the
Illinois Administrative Code.
As proposed by the Agency, the new Part 618 would have two
subparts.
In Subpart A ofPart 618, the Agency proposes general provisions for “maximum
setback zones,” including definitions.
In Subpart B of Part 618, the Agency proposes rules
specific to the Marquette Heights CWS wells, including an appendix which,
according to the
Agency, delineates the irregularly-shapedboundaries of the proposed
1,000-foot maximum
setback zone.
Proposed Subpart B includes provisions that the Agency states are designed (1)
to
prohibit “new potential primary sources” ofgroundwater contamination from locating within the
expanded setback, and (2) to
make the Board’s “technical standards” of35
Ill.
Adm. Code
615
and 616 applicable to certain new and existing activities
located wholly or partially within the
expanded setback.
On December 2, 2004, the Board accepted the Agency’s proposal for hearing.
Two hearings are presently scheduled for
R05-9:
March
1, 2005, in Pekin;
and April
5,
2005,
in Chicago.
Hearing times and locations are set forth above.
The purpose ofthese hearings
is
to allow the Board to receive testimony from the Agency and other interested participants on
the merits and economic impact ofthe rulemaking proposal.
At hearing, all persons who testify
will be sworn and subject to questioning.
For the March
1, 2005 hearing in Pekin, any person who wishes to testify must prefile his
or her testimony and any related exhibits with the Clerk ofthe Board no later than February 4,
2005, and
simultaneously serve the hearing officer and all persons on the Service List.
Witnesses
who prefile must be prepared to
provide an oral summary ofhis or her prefiled testimony at the
first hearing.
Others may testify at the first hearing as time permits, at the discretion ofthe
hearing officer.
A prefihing deadline for the second hearing may be established later.
The Agency’s rulemaking proposal, including its statement ofreasons and proposed rule
language, may be obtained on the Board’s Web Site through the Clerk’s Office On-Line (COOL)
at www.ipcb.state.il.us.
Prefiled testimony, public comments, hearing transcripts, and opinions
and orders in R05-9 also will be available on-line through COOL.
The Notice List for this rulemaking is the list ofpersons who wish to receive only the
Board’s opinions and orders and hearing officer orders.
The Service List is the list ofpersons
who wish to activelyparticipate
in this proceeding and receive not only opinions and
orders, but
also other filings such as prefiled testimony and public comments.
Persons must provide copies of documentsthey file with the Clerk ofthe Board to all
persons on the Service List and to the hearing officer.
The Service List is available
on COOL or
by contacting Sandy Wiley at (312) 814-3623 orwileys(~ipcb.state.~il.us
or the hearing officer.
Beforefiling any document with the Clerk, please confirm thatyou have the most recent version
3
of the Service List.
IT IS
SO ORDERED.
Richard R. McGill, Jr.
Hearing Officer
Illinois Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois
60601
(312) 814-6983 or mcgillr(~ipcb.state.il.us
