ILLINOIS POLLUTION CONTROL BOARD
    September 19, 1996
    IN THE MATTER OF:
    )
    )
    R96-18
    AMENDMENTS TO 35 ILL. ADM. CODE
    )
    (Rulemaking-Public Water Supplies)
    SUBTITLE F (Parts 601 through 620)
    )
    ORDER OF THE BOARD (by R.C. Flemal):
    This matter is before the Board on an amended petition for general rulemaking and a
    motion to amend the petition filed by the Illinois Environmental Protection Agency (Agency)
    on September 4, 1996. By the petition for rulemaking and accompanying statement of reasons,
    the Agency has requested that the Board amend various provisions of 35 Ill. Adm. Code:
    Subtitle F using our general rulemaking authority under Sections 27 and 28 of the
    Environmental Protection Act (Act; 415 ILCS 5/27& 28 (1994)). By the motion to amend the
    petition, the Agency has requested that the Board substitute the amended petition for the
    comments and correspondence of April 4 and June 17, 1996 upon which the Board reserved
    this docket.
    The Board hereby grants the Agency's motion and accepts the petition filed September
    4, 1996. The hearing officer will conduct at least two hearings in affected areas of the State,
    as required by Sections 27 and 28 of the Act.
     
    The Agency’s rulemaking petition requests a number of amendments to the existing text
    of Parts 601 through 620 of the Board’s Public Water Supplies regulations, including
    amendments to the public water supply, Safe Drinking Water Act, groundwater protection, and
    groundwater quality rules. The requested amendments basically fall into three categories: (1)
    amendments to update and correct several provisions throughout the text, (2) amendments that
    would allow the Agency to issue construction permits notwithstanding the fact that a supply is
    listed on restricted status for a violation of the radium MCL, and (3) revision of the authority
    note for the groundwater quality regulations to reflect that it was adopted pursuant to the Act.
    The hearings will be strictly limited to the scope of the subject matter before the Board.
    The hearing officer will not allow testimony, exhibits, and questions into the record that are
    not relevant to the Board’s consideration of the Agency’s rulemaking petition. Further Section
    17.6 of the Environmental Protection Act prohibits the Board from visiting the merits of any
    maximum contaminant level (MCL) for radium or from considering any MCL for this
    contaminant other than that set by USEPA. The hearing officer accordingly shall not allow
    testimony as to the merits of the existing MCL, any federally-proposed MCL, or any other
    prospective radium level.

    22
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the day of , 1996 by a vote of .
    __________________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top