1. SUBPART A: GENERAL
      1. Section 617.101  Purpose
      2. Section 617.120  Prohibitions
    1. Section 617.135  Abandoned and Improperly Plugged Well Assistance Program
      1. Section 617.200  Purpose
      2. Section 617.205  Applicability
  1. Section 617.215  Recharge Area Registration Meeting
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 617
REGULATED RECHARGE AREAS
 


SUBPART A: GENERAL

 

Section
617.101 Purpose
617.102 Definitions
617.110 Incorporation by Reference
617.115 Scope
 
617.120 Prohibitions
617.125 Recharge Area Suitability Assessment
617.130 Technology Control Regulations
617.135 Abandoned and Improperly Plugged Well Assistance Program
617.140 Recharge Area Road Sign Posting
 
SUBPART B: PLEASANT VALLEY PUBLIC WATER DISTRICT REGULATED RECHARGE AREA
Section
617.200 Purpose
617.205  Applicability
617.210 Registration of Potential Sources and Routes of Groundwater Contamination
617.215 Recharge Area Registration Meeting
617.220 Management Systems for Potential Sources
617.225 Training Program for Potential Tertiary Sources
   
Appendix A Boundary of the Pleasant Valley Public Water District Regulated Recharge Area
Appendix B Potential Route and Source Registration Form
AUTHORITY: Implementing Section 17.4 and authorized by Section 27 of the Environmental Protection Act [415 ILCS 5/17.4 and 27].
SOURCE: Adopted in R89-5 at 16 Ill. Reg. 1639, effective January 10, 1992, amended in R 96-18, at 21 Ill. Reg. 6569, effective May 8, 1997, amended in R00-17 at 25 Ill. Reg. 10350, effective September1, 2001.
NOTE: Italicization denotes statutory language.
. 
SUBPART A:GENERAL


Section 617.101  Purpose

 

       
This Part establishes the general requirements and standards for regulated recharge areas as delineated and adopted by the Illinois Pollution Control Board pursuant to Section 17.4 of the Illinois Environmental Protection Act (Act) [415 ILCS 5/17.4].
(Source: Amended at 25 Ill. Reg. 10350, effective September1, 2001)
Section 617.102 Definitions
Unless a different meaning of a word or term is clear from the context, the definitions of words or terms in this Part shall be the same as those used in 35 Ill. Adm. Code 615.102, 35 Ill. Adm. Code 616.102, Section 1 of the Act, or the Illinois Groundwater Protection Act [415 ILCS 55/1].
“Agency” means the Illinois Environmental Protection Agency.
“Agrichemical facility” means a site used for commercial purposes, where bulk pesticides are stored in a single container in excess of 300 gallons of liquid pesticide or 300 pounds of dry pesticide for more than 30 days per year or where more than 300 gallons of liquid pesticide or 300 pounds of dry pesticide are being mixed, repackaged or transferred from one container to another within a 30 day period or a site where bulk fertilizers are stored, mixed, repackaged or transferred from one container to another. [415 ILCS 5/3.77]
“Board” means the Illinois Pollution Control Board.
 
“Chemical substance” means any “extremely hazardous substance” listed in Appendix A of 40 CFR 355 that is present at a facility in an amount in excess of its threshold planning quantity, any “hazardous substance” listed in 40 CFR 302.4 that is present at a facility in an amount in excess of its reportable quantity or in excess of its threshold planning quantity if it is also an “extremely hazardous substance”, and any petroleum including crude oil or any fraction thereof that is present at a facility in an amount exceeding 100 pounds unless it is specifically listed as a “hazardous substance” or an “extremely hazardous substance”. “Chemical substance” does not mean any substance to the extent it is used for personal, family, or household purposes or to the extent it is present in the same form as a product packaged for distribution to and use by the general public. [430 ILCS 45/3]
    
“Class V injection well” means injection wells not included in Class I, II, III, or IV. Class V wells include:
air conditioning return flow wells used to return to the supply aquifer the water used for heating or cooling in a heat pump;
cesspools, including multiple dwelling, community or regional cesspools, or other devices that receive wastes, which have an open bottom and sometimes have perforated sides. The Underground Injection Control (UIC) requirements do not apply to single family residential cesspools nor to non-residential cesspools that receive solely sanitary wastes and have the capacity to serve fewer than 20 persons a day;
cooling water return flow wells used to inject water previously used for cooling;
 
drainage wells used to drain surface fluid, primarily storm runoff, into a subsurface formation;
dry wells used for the injection of wastes into a subsurface
 
formation;
 
recharge wells used to replenish the water in an aquifer;
  
salt water intrusion barrier wells used to inject water into a fresh water aquifer to prevent the intrusion of salt water into the fresh water;
sand backfill and other backfill wells used to inject a mixture of water and sand, mill tailings, or other solids into mined out portions of subsurface mines whether or not what is injected is a radioactive waste;
 
septic system wells used to inject the waste or effluent from a multiple dwelling, business establishment, community, or regional business establishment septic tank. The UIC requirements do not apply to single family residential septic system wells that are used solely for the disposal of sanitary waste and have the capacity to serve fewer than 20 persons a day;
 
subsidence control wells (not used for the purpose of oil or natural gas production) used to inject fluids into a non-oil or -gas producing zone to reduce or eliminate subsidence associated with the overdraft of fresh water;
radioactive waste disposal wells other than Class IV;
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, but not limited to, 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.
 
“Existing Potential Tertiary Source of Groundwater Contamination” means a potential tertiary source of groundwater contamination that is not new.
 
“Facility” means the buildings and all real property contiguous thereto, and the equipment at a single location used for the conduct of business. [430 ILCS 45/3]
 
“Generator (RCRA)” means any person, by site location, whose act or process produces “hazardous waste” identified or listed in 35 Ill. Adm. Code 721 (see 35 Ill. Adm. Code 702.110 and 35 Ill. Adm. Code 730.103).
 
“Household waste” means any waste material (including garbage and trash) derived from households (including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas).
 
“IEMA” means the Illinois Emergency Management Agency.
  
“Low level radioactive waste” or “waste” means radioactive waste not classified as high- level radioactive waste, transuranic waste, spent nuclear fuel or byproduct material as defined in Section 11e(2) of the Atomic Energy Act of 1954 (42 USC 2014) [420 ILCS 20/3].
“Major Potential Source” means any unit at a facility or site not currently subject to a removal or remedial action that stores, accumulates, landfills, or land treats waste, other than household waste, that could cause contamination of groundwater and is generated on the site.

“Municipal solid waste landfill unit” or “MSWLF Unit” means a contiguous area of land or an excavation that receives household waste, and is not a land application unit, surface impoundment, injection well, or any pile of noncontainerized accumulations of solid, nonflowing waste that is used for treatment or storage. A MSWLF unit may also receive other types of RCRA Subtitle D wastes, such as commercial solid waste, nonhazardous sludge, small quantity generator waste and industrial solid waste. Such a landfill may be publicly or privately owned. A MSWLF unit may be a new MSWLF unit, an existing MSWLF unit, or a lateral expansion. A sanitary landfill is subject to regulation as a MSWLF unit if it receives household waste. [415 ILCS 5/3.85]

 

 
“New Major Potential Source” means:
   
a major potential source that is not in existence or for which construction has not commenced at its location as of September 1, 2001; or
a major potential source that expands laterally beyond the currently permitted boundary or, if the potential source is not permitted, the boundary in existence as of September 1, 2001; or
a major potential source that is part of a facility that undergoes major reconstruction. Such reconstruction 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 as of September 1, 2001.
 
“New Potential Primary Source” means:
 
a potential primary source which is not in existence or for which construction has not commenced at its location as of January 1, 1988; or
 
a potential primary source which expands laterally beyond the currently permitted boundary or, if the primary source is not permitted, the boundary in existence as of January 1, 1988; or
  
a potential primary source which is part of a facility that undergoes major reconstruction. Such reconstruction 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. [415 ILCS 5/3.59]
“New Potential Route” means:
    
a potential route which is not in existence or for which construction has not commenced at its location as of January 1, 1988; or
a potential route which expands laterally beyond the currently permitted boundary or, if the potential route is not permitted, the boundary in existence as of January 1, 1988. [415 ILCS 5/3.58]
“New Potential Secondary Source” means:
a potential secondary source which is not in existence or for which construction has not commenced at its location as of July 1, 1988; or
 
a potential secondary source which expands laterally beyond the currently permitted boundary or, if the secondary source is not permitted, the boundary in existence as of July 1, 1988, other than an expansion for handling of livestock waste or for treating domestic wastewaters; or
   
a potential secondary source which is part of a facility that undergoes major reconstruction. Such reconstruction 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 [415 ILCS 5/3.60]; or  
A new potential secondary source excludes an agrichemical facility that modifies on-site storage capacity such that the volume of the pesticide storage does not exceed 125% of the available capacity in existence on April 1, 1990, or the volume of fertilizer storage does not exceed 150% of the available capacity in existence on April 1, 1990; provided that a written endorsement for an agrichemical facility permit is in effect under Section 39.4 of (the) Act and the maximum feasible setback is maintained. This on-site storage capacity includes mini-bulk pesticides, package agrichemical storage areas, liquid or dry fertilizers, and liquid or dry pesticides. [415 ILCS 5/14.2(g)(4)]
“New Potential Tertiary Source of Groundwater Contamination” means:
   
a Potential Tertiary Source, that is not in existence or for which construction has not commenced at its location as of September 1, 2001; or
a Potential Tertiary Source that expands laterally beyond the currently permitted boundary or, if the tertiary source is not permitted, the boundary in existence as of September 1, 2001; or
a Potential Tertiary Source that is part of a facility that undergoes major reconstruction after September 1, 2001. Such reconstruction 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.
        
“Potential Primary Source” means any unit at a facility or site not currently subject to a removal or remedial action that:
is utilized for the treatment, storage, or disposal of any hazardous or special waste not generated at the site; or
is utilized for the disposal of municipal waste not generated at the site, other than landscape waste and construction and demolition debris; or
is utilized for the landfilling, land treating, surface impounding or piling of any hazardous or special waste that is generated on the site or at other sites owned, controlled or operated by the same person; or
stores or accumulates at any time more than 75,000 pounds above ground, or more than 7,500 pounds below ground, of any hazardous substances. [415 ILCS 5/3.59]
“Potential route” means abandoned and improperly plugged wells of all kinds, drainage wells, all injection wells, including closed loop heat pump wells, and any excavation for the discovery, development or production of stone, sand or gravel. [415 ILCS 5/3.58]
“Potential secondary source” means any unit at a facility or a site not currently subject to a removal or remedial action, other than a potential primary source, that:
is utilized for the landfilling, land treating, or surface impounding of waste that is generated on the site or at other sites owned, controlled or operated by the same person, other than livestock and landscape waste, and construction and demolition debris; or
 
stores or accumulates at any time more than 25,000 but not more than 75,000 pounds above ground, or more than 2,500 but not more than 7,500 pounds below ground, of any hazardous substances; or
 
stores or accumulates at any time more than 25,000 gallons above ground, or more than 500 gallons below ground, of petroleum, including crude oil or any fraction thereof which is not otherwise specifically listed or designated as a hazardous substance; or
   
stores or accumulates pesticides, fertilizers, or road oils for purposes of commercial application or for distribution to retail sales outlets; or
stores or accumulates at any time more than 50,000 pounds of any de-icing agent; or
is utilized for handling livestock waste or for treating domestic wastewaters other than private sewage disposal systems as defined in the Private Sewage Disposal Licensing Act. [415 ILCS 5/3.60]
  
“Potential Tertiary Source of Groundwater Contamination” means any unit at a facility or site not currently subject to a removal or remedial action that stores or accumulates any chemical substance during any calendar year and that is not a potential primary or secondary source of groundwater contamination.
“Regulated recharge area” means a compact geographic area, as determined by the Board, the geology of which renders a potable resource groundwater particularly susceptible to contamination. [415 ILCS 5/3.67]
 
“Setback zone” means a geographic area, designated pursuant to (the) Act, containing a potable water supply well or a potential source or potential route, having a continuous boundary, and within which certain prohibitions or regulations are applicable in order to protect groundwaters. [415 ILCS 5/3.61]
 
“Sinkhole” means any natural depression formed as a result of subsurface removal of soil or rock materials and causing the formation of a collapse feature that exhibits internal drainage. The existence of a sinkhole shall be indicated by the uppermost closed depression contour lines on the United States Geological Survey 7.5 minute topographic quadrangle maps or as determined by field investigation.
 
“Site” means any location, place, tract of land, and facilities, including but not limited to buildings, and improvements used for purposes subject to regulation or control by (the) Act or regulations thereunder. [415 ILCS 5/3.43]
 
“Unit” means any device, mechanism, equipment, or area (exclusive of land utilized only for agricultural production). This term includes secondary containment structures and their contents at agrichemical facilities. [415 ILCS 5/3.62]
  
“Unit boundary” means a line at the land's surface circumscribing the area on which, above which or below which waste, pesticides, fertilizers, road oils or de-icing agents will be placed during the active life of the facility. The space taken up by any liner, dike or other barrier designed to contain waste, pesticides, fertilizers, road oils or de-icing agents falls within the unit boundary.
“Waste” means any garbage, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility or other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved material in irrigation return flows, or coal combustion by-products as defined in Section 3.94 (of the Act), or in industrial discharges which are point sources subject to permits under section 402 of the Federal Water Pollution Control Act, as now or hereafter amended, or source, special nuclear, or by-product materials as defined by the Atomic Energy Act of 1954 as amended (68 stat. 921)(42 USC 2011 et seq.) or any solid or dissolved material from any facility subject to the Federal Surface Mining Control and Reclamation Act of 1977 (P.L. 95-87) or the rules and regulations thereunder or any law or rule or regulation adopted by the State of Illinois pursuant thereto. [415 ILCS 5/3.53]
 
(Source: Amended at 25 Ill. Reg. 10350, effective September 1, 2001)
    
Section 617.110 Incorporation by Reference
a) The Board incorporates the following federal regulations by reference:
40 CFR 302.1 through 302.8.
b) This Part incorporates no later amendments or editions.
 
(Source: Added at 25 Ill. Reg. 10350, effective September 1, 2001)

Section 617.115  Scope

 

 
This Part establishes regulated recharge areas and provisions governing specific activities in those areas delineated by the Board.
 
(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 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 617.125 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 to 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 may not commence construction without first filing a recharge area suitability assessment with the Agency, except for livestock operations that meet the criteria set forth in 35 Ill. Adm. Code 501.404(e) or except as provided in subsection (b) of this Section.
 
b) For any livestock waste handling facility subject to the Livestock Management Facilities Act [510 ILCS 77], the requirement in subsection (a) of this Section for filing a recharge area suitability assessment is only applicable to such 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 pursuant to Section 12 of the Livestock Management Facilities Act is not requested; or
 
2) the provisions for a public informational meeting are not applicable to such facility.
            
c) A recharge area suitability assessment must include, at a minimum, the following:
1) a legal description of the site and location maps including:
A) a topographic map of the site drawn to 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 7 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 a public hearing be held at a location in the vicinity of the proposed facility.
 
f) The Agency must hold the public hearing in a timely manner, but no more than 45 days after receipt of the written response pursuant to subsection (e)(2) of this Section.
     
g) The Agency must provide 21 days public notice prior to 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) The owner or operator of the facility may, within 30 days, respond to a statement issued by the Agency pursuant to subsection (h)(2) or (h)(3) of this Section.
   
j)  Not later than 30 days after receipt of a response from the owner or operator of the facility, the Agency must issue a final statement regarding the assessment pursuant to subsection (i) of this Section. If no response is received by the Agency within the 30 day period, no further action is necessary and the statement stands as initially issued.  
k)  Operation of the facility may only commence after issuance of a final statement by the Agency.
l)  The applicant may appeal the Agency’s final statement to the Board by filing a petition on or before the 35th day after the issuance of the statement. The petition must be filed, and the proceedings conducted, pursuant to the procedures set forth in 35 Ill. Adm. Code 105.
 
(Source: Added at 25 Ill. Reg. 10350, effective September 1, 2001)

Section 617.130  Technology Control Regulations

 

      
The standards and requirements of 35 Ill. Adm. Code 615, 35 Ill. Adm. Code 616, 8 Ill. Adm. Code 257, or 77 Ill. Adm. Code 830 apply to the following existing and new activities when those 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 are not applicable;
c) storage and related handling of pesticides and fertilizers at a facility for the purpose of 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 the purpose of distribution to retail sales outlets.
 
(Source: Added at 25 Ill. Reg. 10350, effective September 1, 2001)


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 within a school district to develop, and implement an educational program utilizing the materials developed under subsection (a) of this Section 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) of this Section 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: Added at 25 Ill. Reg. 10350, effective September 1, 2001)

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 5/3.28, must demarcate where any major road other than a state or interstate road or highway enters or exits a regulated recharge area.
 
(Source: Added at 25 Ill. Reg. 10350, effective September 1, 2001)
 
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: Added at 25 Ill. Reg. 10350, effective September 1, 2001)


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 35 Ill. Adm. Code 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) Nothing in this Subpart impacts 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 USC 9601, et seq.); Sections 3004 and 3008 of the Resource Conservation and Recovery Act (42 USC 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: Added at 25 Ill. Reg. 10350, effective September 1, 2001)

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 detailed in Appendix A, must register the location with the Agency using forms provided in Appendix B as follows:
  
a) no later than 30 days prior to commencement of construction for new potential routes or primary, secondary or tertiary sources of groundwater contamination; or
b) no later than 90 days after the registration meeting described in Section 617.215 of this Subpart.
 
(Source: Added at 25 Ill. Reg. 10350, effective September 1, 2001)

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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, at a minimum, must include the following:
   
1) a brief description of the manner in which 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) suitable training as provided by the Agency pursuant to Section
617.225 of this Subpart.
 
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 pursuant to 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 pre-fabricated containment system that is operated as follows:
 
 
1) When not protected from receiving precipitation, the constructed or pre-fabricated 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 pre-fabricated 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 pre-fabricated or constructed secondary containment system, unless the collection system has sufficient excess capacity in addition to that required in subsection (d)(1) of this Section to contain any run-on, which might enter the constructed or pre-fabricated 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 30 days before construction has commenced; 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) of this Section.
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: Added at 25 Ill. Reg. 10350, effective September 1, 2001)
 
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, at a minimum, 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 will 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 his place of business, and must provide a copy of such certificate to the Pleasant Valley Public Water District within 10 days after receipt of the certificate from the Agency.
 
(Source: Added at 25 Ill. Reg. 10350, effective September 1, 2001)

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)

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