ILLINOIS POLLUTION CONTROL BOARD
June 7, 2001
IN THE MATTER OF:
PROPOSED REGULATED RECHARGE
AREA FOR PLEASANT VALLEY PUBLIC
WATER DISTRICT, PROPOSED
AMENDMENTS TO 35 ILL. ADM. CODE
PART 617
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R00-17
(Rulemaking - Public Water Supply)
Proposed Rule. Second Notice.
OPINION AND ORDER OF THE BOARD (by R.C. Flemal, E.Z. Kezelis, N.J. Melas):
Today the Board adopts for second notice a proposal to create a regulated recharge area
for the Pleasant Valley Public Water District (Pleasant Valley), in Peoria County, Illinois. A
regulated recharge area is a geographic region where enhanced regulations are imposed by the
Board for the purpose of reducing the potential for groundwater contamination, as provided for
under Section 17.3 of the Environmental Protection Act (EPAct) (415 ILCS 5/17.3 (2000)).
The Pleasant Valley proposal is the first regulated recharge area proposal brought to the Board,
and its adoption would create the State’s first regulated recharge area.
Today’s proposal follows substantially the proposal filed with the Board by the Illinois
Environmental Protection Agency (Agency) on February 14, 2000, and adopted by the Board
for first notice on August 10, 2000.
1
PROCEDURAL HISTORY
Relationship to Groundwater Protection Act
In September 1987, the Illinois General Assembly adopted Pub. Act 85-863, which
includes a variety of provisions designed to enhance the protection of groundwater in Illinois.
These provisions contain amendments to the EPAct together with stand-alone legislation at 415
ILCS 55/1
et seq
. (2000).
2 Included in these amendments is a program for wellhead
protection. A principal aim of the wellhead protection program is to reduce the potential for
pollution of water supply wells via regulation of activities at and near the wells.
1 Proposed Regulated Recharge Area of Pleasant Valley Public Water District, Proposed
Amendments to 35 Ill. Adm. Code Part 617 (August 10, 2000), R00-17.
First notice
publication occurred in the
Illinois Register
, Vol. 24, September 1, 2000, at 13163
et seq
.
2 Both Pub. Act 85-863 in its entirety and the portion of Pub. Act 85-863 found at 415 ILCS
55/1
et seq
. (2000), are commonly referred to as the “Illinois Groundwater Protection Act.”
For clarity, only the latter will be identified as the Illinois Groundwater Protection Act
(IGPAct) herein.
2
A regulated recharge area is one of the wellhead protection provisions provided for
under the EPAct. Specifically, a regulated recharge area is “a compact geographic area,
determined by the Board, the geology of which renders a potable resource groundwater
particularly susceptible to contamination.” 415 ILCS 5/3.67 (2000). The EPAct provides that
more stringent groundwater protection provisions may be applied within such an area. 415
ILCS 5/17.3 and 17.4 (2000).
Pursuant to Section 17.3 of the EPAct (415 ILCS 5/17.3 (2000)), the Agency may
propose regulated recharge area regulations to the Board. In the instant case, the Agency
developed its proposal in consultation with the Groundwater Advisory Council, an agency and
citizen body established under the IGPAct to, among other matters, “review, evaluate and
make recommendations regarding State laws, regulations and procedures that relate to
groundwater protection.” 415 ILCS 55/5(a)(1) (2000); Statement at 14.
3 The Agency
additionally sought and received advice from the Central Priority Groundwater Protection
Planning Region Committee (CRPC), a broad-based local government and citizen group as
provided for at Section 17.2 of the EPAct. 415 ILCS 5/17.2(b) (2000). The Agency, the
CRPC, and Groundwater Advisory Council, conducted a regulatory development workshop
and solicited and obtained additional comments on the proposal from various members of
environmental associations and private citizens groups. Statement at 14-16.
Public Hearing
A public hearing was held on May 9, 2000, before Hearing Officer Catherine Glenn in
Peoria. Members of the Board and the public attended. The Agency presented the testimony
of Richard Cobb, the manager of the groundwater section at the Agency. Bill Compton
testified on behalf of the CRPC.
Section 27(b) of the Act requires the Board to request that the Department of
Commerce and Community Affairs (DCCA) conduct a study of the economic impact of any
proposed rules, and to conduct at least one public hearing on the economic impact of those
proposed rules (415 ILCS 5/27(b) (2000)). The Board requested DCCA conduct such a study
in a letter dated March 9, 2000. At the May 9, 2000 hearing the Hearing Officer Glenn stated
that the Board would rely on a March 10, 2000 DCCA letter stating that DCCA would not
conduct economic impact studies on rules pending before the Board. Tr. at 5.
Public Comments
Seven public comments (PCs) have been filed in the period since the Board’s adoption
of the first notice proposal.
4 The comments are PC 2 filed by the Agency on September 27,
2000; PC 3 filed by the Illinois Farm Bureau, Illinois Pork Producers Association, and Illinois
Beef Association (Agricultural Organizations) on October 17, 2000; PC 4 filed by the National
3 Citations to the Agency’s Statement of Reasons filed on February 14, 2000, will be cited as
“Statement at __.” Citations to the transcript from the May 9, 2000 hearing will be cited as “Tr.
at __.”
4 The Agency filed PC 1 on June 1, 2000, prior to the Board going to first notice.
3
Solid Wastes Management Association (NSWMA) on October 16, 2000; PC 5 filed by the
Agency on February 13, 2001; PC 6 filed by the Agency on March 7, 2001; PC 7 filed by
Pleasant Valley on March 12, 2001; and PC 8 filed by the CRPC on March 19, 2001. The
substance of these public comments is discussed later in this opinion.
BACKGROUND
Pleasant Valley provides public water supply service to an unincorporated area located
south of Peoria in Peoria County, Illinois. The service area is approximately fifteen square
miles, including nine square miles in Kickapoo Township, five square miles in Limestone
Township, one square mile in Rosefield Township, and 33 acres in Peoria Township. Exh. 1
at 8-9.
5 The number of service connections within the Pleasant Valley district is approximately
1300. Exh. 1 at 8. Pleasant Valley also sells water to an additional 300 service connections.
Exh. 1 at 8. The only groundwater resource in the area capable of supplying the necessary
water is located in a small area at the eastern extreme of the Pleasant Valley service area.
Statement at 11.
In 1992, Clark Engineers MW, Inc., completed a groundwater protection needs
assessment (assessment) for Pleasant Valley. Tr. at 21; Statement at 11. The assessment was
completed because Pleasant Valley wanted to determine its protection needs beyond the
protection given by existing setback zones from its community water supply wells #2, 3 and 4.
Statement at 11, 17. The assessment defined the recharge area of the Pleasant Valley wells,
which consists of an area of approximately 182 acres centered on the three wells. Tr. at 56.
The assessment concluded that the recharge area was susceptible to groundwater
contamination, and recommended that a recharge area protection program be established. Tr.
at 22. The assessment determined that the recharge area was unusually susceptible to
contamination because of sensitive geology that allows groundwater contaminants to move
freely and rapidly towards the Pleasant Valley wellheads. Tr. at 45-46. The assessment
further found several industrial and commercial operations within Pleasant Valley’s recharge
area beyond the maximum setback zone and concluded that a release or accidental spill in the
recharge area could result in contamination of Pleasant Valley’s water supply. Statement at
11.
On November 4, 1994, the Pleasant Valley Board of Trustees adopted a formal
resolution to establish a regulated recharge area. Tr. at 22. Pleasant Valley sent the resolution
to the CRPC, so that the CRPC could petition the Agency to develop the proposal to create a
recharge area. Tr. at 22. The CRPC held a public hearing in Pleasant Valley in January
1995. Tr. at 23. No objections were made at the hearing. Tr. at 23. On March 28, 1995,
the CRPC petitioned the Agency to develop a regulated recharge area proposal to present to the
Board. Tr. at 23.
Clark Engineers, the Agency, and Illinois State University performed numerical
groundwater flow modeling to develop the specific boundaries for Pleasant Valley’s recharge
5 Citations to the Exhibits filed with the Agency's proposal will be cited as “Exh. __ at __.”
4
area. Statement at 17. Additionally, advective groundwater flow modeling was performed to
evaluate whether the minimum and maximum setback zones adequately protected Pleasant
Valley’s #2, 3, and 4 wells. Statement at 18. The evaluation affirmed that recharge is
occurring beyond the setback zones, and the wells are not adequately protected. Statement at
18.
DISCUSSION OF PROPOSAL
Today’s proposal builds upon the groundwater protection provisions already applicable
in the Pleasant Valley area pursuant to the EPAct, the IGPAct, and the Board’s groundwater
protection regulations (see 35 ILCS 600
et seq
. (2000)). Concepts established in these laws,
such as characterization of potential sources of pollution as “primary” or “secondary,”
setbacks, etc., continue to apply and are incorporated into the instant proposal.
The proposal is divided into two subparts and two appendices. Subpart A contains
general provisions. Should the Board receive additional regulated recharge area proposals,
these general provisions could be adopted to apply to any new regulated recharge area.
Subpart B contains requirements that are designed specifically for Pleasant Valley. The
appendices include a map which defines the boundaries of the proposed regulated recharge area
and a copy of the form to be used in registrations of sources and routes.
A discussion of particular provisions of both Subparts A and B follows.
Subpart A
Definitions (Section 617.102)
A large portion of Subpart A is devoted to definitions. These are primarily definitions
already in place pursuant to the EPAct, the IGPAct, or adapted from the Board’s other
groundwater regulations.
All of the definitions proposed today are identical to those proposed to the Board by the
Agency, except for the definition of “Generator (RCRA).” At first notice the Board changed it
to be identical to the definition of “Generator (RCRA)” that is found in 35 Ill. Adm. Code
702.110 and 730.103. The Agency had proposed that the definition also include any person
“whose act first causes a hazardous waste to become subject to regulation.” Because the
Board believes that having a consistent definition of “Generator (RCRA)” is appropriate, it has
changed this definition accordingly.
Siting Prohibitions (Section 617.120)
An important element in Subpart A is the extension to the regulated recharge area of the
prohibition against “new” sitings of activities that are considered under the EPAct and IGPAct
to be of particular concern in wellhead protection. These activities are low-level radioactive
waste sites, Class V injection wells, municipal solid waste landfills, and special or hazardous
5
waste landfills. See 35 Ill. Adm. Code 617.120(a). A definition of “new” is included in
Section 617.120(b).
The NSWMA objects to the Board promulgating a rule that prohibits locating a
municipal solid waste landfill within a regulated recharge area. PC 4 at 2. It believes that the
Board lacks statutory authority to “ban new municipal solid waste landfills from regulated
recharge areas.” PC 4 at 4. Specifically, NSWMA argues that such a ban is not an
environmental control standard allowed by Section 5(b) of the Act. The NSWMA relies on
Village of Lombard v. Pollution Control Board, 66 Ill. 2d 503, 363 N.E.2d 814 (1977), for
the proposition that the proposed rule usurps legislative authority. PC 4 at 3.
The NSWMA also argues that Section 39.2(a)(ix) of the Act contemplates a landfill
being located within a regulated recharge area. PC 4 at 5. Additionally, the NSWMA argues
that the prohibition against landfills conflicts with Sections 14.2 and 14.3 of the Act. PC 4 at
8. The NSWMA also argues that the definition of “new” is flawed. PC 4 at 8-9.
The Board first notes that the Board rejected the NSWMA’s similar claims regarding
environmental control standards and legislative authority in Amendments to Requirements for
Landscape Waste Compost Facilities, 35 Ill. Adm. Code 830.203(c), 831.107, and
831.109(b)(3) (Oct. 1, 1998), R97-29. Regardless, the Board finds that its general rulemaking
authority at Section 27 of the Act permits the Board to adopt regulations that, among other
things, “may make different provisions as required by circumstances for different contaminant
sources and for different geographical areas.” 415 ILCS 5/27(a) (2000). Further, in Section
17.4 of the Act, in establishing a regulated recharge area regulation the Board shall consider
“the adequacy of protection afforded to potable resource groundwater by any applicable
setback zones.” 415 ILCS 5/17.4(a)(1) (2000).
The Board further notes that Section 5 of the Act grants the Board broad rulemaking
authority. Under that section, the Board “shall determine, define and implement the
environmental control standards applicable in the State of Illinois and may adopt rules and
regulations in accordance with Title VII of the Act.” 415 ILCS 5/5(b) (2000). The proposed
rules are an environmental control standard and therefore expressly authorized under Section 5
of the Act. The proposed rules prohibit certain facilities from locating within the recharge
area. It is similar to other regulations that the Board has previously adopted. See,
e.g.
, 35 Ill.
Adm. Code 803.109(b)(3) (requiring certain composting areas established after January 1,
1999, to be located at least 1/8 mile from health care facilities, pre-school and child care
facilities and their associated recreational areas, and primary and secondary school facilities
and their associated recreational areas); 35 Ill. Adm. Code 811.302(d) (requiring that certain
landfill units be set back 500 feet from occupied dwellings, schools, and hospitals); 35 Ill.
Adm. Code 817.309(e) (requiring that steel and foundry industry potentially usable waste
landfills be set back 500 feet from occupied dwellings, schools, and hospitals); 35 Ill. Adm.
Code 302.102(a) (establishing “mixing zones” as part of the Board’s water quality
regulations).
Finally, Village of Lombard does not preclude the Board from adopting the proposed
6
rules. In that case, the Board adopted a regulation dividing DuPage County into nine water-
treatment regions. The regulations required the regions to cooperate in sewage and water
treatment. The Illinois Supreme Court confirmed that the Act empowers the Board to regulate
by establishing standards: “The statute in question expresses a general policy to protect the
State from pollution and creates a board of experts to implement that policy through
regulation.” Village of Lombard, 66 Ill. 2d at 507, 363 N.E.2d at 816. The court struck
down the regulations at issue, however, finding that “the General Assembly has not
empowered the Pollution Control Board to coordinate sewage treatment through regional
water-treatment plans in the State of Illinois.” Village of Lombard, 66 Ill. 2d at 509, 363
N.E.2d at 816. Here, the proposed rules do not attempt to establish a new governmental
agency, as did the rules that the court struck down in Village of Lombard. Instead, the
proposed rules establish a standard to prevent water pollution. The proposed rules are
therefore consistent with the Board’s powers and duties under the Act
.
In this proposal, the Board has considered the adequacy of protection afforded the
Pleasant Valley region. As a result of the assessment completed by Clark Engineers MW,
Inc., and pursuant to Section 17.4(b) of the Act, the Board concludes that the “boundary of the
delineated area is drawn so that the natural geological or geographic features contained therein
are shown to be highly susceptible to contamination over a predominant portion of the recharge
area.” 415 ILCS 5/17.4(b) (2000). Therefore, the standard applicable setback zones are
inadequate. Pursuant to Section 27(a), therefore, the Board is within its authority to create
different setback zones for municipal solid waste landfills. Therefore, the Board finds that it
does have the statutory authority to prohibit new municipal solid waste landfills from locating
within the Pleasant Valley regulated recharge area.
To the extent that the NSWMA argues that the Act contemplates the possibility of a
municipal solid waste landfill locating within a regulated recharge area, the Board agrees.
However, the Board finds that Section 39.2(a)(ix) of the Act does not prohibit the Board from
restricting a new municipal solid waste landfill from locating with the Pleasant Valley regulated
recharge area. Under Section 39.2(a)(ix), local siting approval shall be granted if, among
other things, the proposed facility “will be granted within a regulated recharge area, any
applicable requirements specified by the Board for such areas have been met.” 415 ILCS
5/39.2(a)(ix) (2000). In this proposal, the Board’s requirements are such that no municipal
solid waste landfill may be located within the Pleasant Valley regulated recharge area. This
prohibition is not inconsistent with Section 39.2(a)(ix) of the Act.
The Board disagrees with the NSWMA’s assertion that Section 617.120(a) is
inconsistent with Sections 14.2 and 14.3 of the Act, because those Sections authorize an
exception or waiver of the applicable setback requirements. PC 4 at 8. Those sections
specifically exclude waivers from the setback requirements for community water supply wells
and from a new potential primary source other than landfilling. The Board finds that today’s
proposal does not conflict with those sections.
The Board agrees with the NSWMA’s position that the current definition of “new”
needs correction. At first notice, the definition of “new” allowed a facility that was built after
7
the effective date of Subpart A, but not in a recharge area, to be “new” if it became part of a
future recharge area. The Board appreciates the NSWMA bringing this inconsistency to the
Board’s attention. The Board has amended Section 617.120(b) to reflect that “new” in
pertinent part, means “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.” See Section 617.120(b).
Suitability Assessment (Section 617.125)
The instant proposal also adds a new wellhead protection provision, not present in
previous Board groundwater regulations. The new provision is the recharge area suitability
assessment (RASA), found at proposed Section 617.125. The purpose of the RASA 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.
The RASA provision applies to owners or operators of new major potential sources that
are located wholly or partially within the regulated recharge area.
6 35 Ill. Adm. Code
617.125(a). These owners or operators are required to undertake preparation of a RASA
document, as described in Section 617.125(c). This document must be filed with the Agency,
and the owner or operator must publish a public notice of the assessment and notify adjacent
property owners of the filing. 35 Ill. Adm. Code 617.125(d). The Agency, at the request of
any person, is also required to hold a public hearing regarding the RASA. 35 Ill. Adm. Code
617.125(e), (f).
After the RASA is filed or a hearing is held, whichever is later, the Agency must issue
a statement which addresses whether 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, or whether the assessment must be
modified. 35 Ill. Adm. Code 617.125(h). This statement is appealable to the Board. 35 Ill.
Adm. Code 617.125(l).
At first notice, the Board had suggested modification of the Agency original language at
Section 617.125(k) so as to require achievement of an adequate RASA before operation could
commence. The Board observed that it “questions whether any major potential source of
groundwater contamination should be allowed to operate in a regulated recharge area if the
6 A “major potential source” is a unit at a facility or site that is not currently subject to a
removal or remediation 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. See 35 Adm. Code 617.102. A “major potential source” is a “new major potential
source” if, as of the effective date of this proposal, it does not exist or construction has not
begun on it. 35 Ill. Adm. Code 617.102. A “new major potential source” may also be a
facility, site, or unit which laterally expands or undergoes major reconstruction as of the
effective date of this proposal. 35 Ill. Adm. Code 617.102.
8
owner or operator of that facility cannot demonstrate that the impact on the groundwater has
been adequately assessed.” First notice opinion at p. 5.
The Agency has replied:
The Illinois EPA appreciates the Board’s concern. However, due to the
broadness of the major potential source definition, and the potential overlap with
agricultural regulations, the Illinois EPA does not support going beyond the
advisory level at this time. We are concerned that the proposed modifications
present a new policy direction that may have some negative ramifications. In
developing these provisions with interested stakeholders, we did not discuss this
level of pre-operation approval. Further discussion with stakeholders and full
consideration of the issues need to take place before this level of approval is
required. The Agency proposes that the regulation be amended at a later date,
to go beyond the advisory level, if pre-operation approval is desired by the
Board.
In summary, the Illinois EPA is concerned about the amendment “…to require
achievement of an adequate recharge area suitability assessment before operation
can commence” because it moves the proposal beyond the concept of an
“assessment” to the equivalent of an operational permit or siting approval.
Essentially, the owner or operator would be prohibited from construction
without Agency approval. In addition, the potential impact of the facility will be
assessed either through submission by the owner or operator, or through the
comments provided by the Illinois EPA. Further, the results of the assessment
process will be available for the public to make local siting decisions. PC 2 at
3.
The Board accepts the Agency’s explanation for the merits of the original language, and
changes Section 617.125 to read: “Operation of the facility may only commence after the
issuance of a final statement by the Agency.”
Additionally, to the extent that the Agricultural Organizations argue that the Agency
should conduct and pay for the RASA, the Board disagrees. PC 3 at 1. The Board agrees
with the Agency that should a livestock facility seek to locate within a regulated recharge area,
completing a RASA is a minimal burden. PC 6 at 5.
Furthermore, although the Agricultural Organizations believe that the hearing
requirement is duplicative with the Livestock Management Facilities Act (LMFA) (510 ILCS
77
et seq.
(2000)) public meeting provision, the Board disagrees. Currently, under proposed
Section 617.125(e)(2), after an owner or operator files a RASA, any person may request a
hearing in the vicinity of the proposed facility. As the Agency observes, the owners or
operators of a new major potential source are not required to file a RASA if a public
informational meeting is previously requested pursuant to Section 12 of the LMFA. PC 6 at 7,
citing Section 617.125(b)(1). Under Section 12 of the LMFA, either the county board or 75 or
9
more county residents, may request that the Department of Agriculture conduct an
informational meeting allowing the public to ask questions and present oral or written
comments concerning the construction of a livestock waste handling facility. 510 ILCS
77/12(a) (2000). Therefore, if a public meeting is held under 510 ILCS 77/12 (2000), a
livestock management facility will not have to file a RASA under 35 Ill. Adm. Code 617.125
(b), nor have a hearing under 617.125(e)(2).
Technical Control Regulations (Section 617.130)
The Board’s existing groundwater regulations at 35 Ill. Adm. Code 615 and 616
establish technical standards for certain activities that are located within applicable setback
zones or regulated recharge areas of potable water supply wells. These technical standards
apply within the minimum and maximum setback zones of the Pleasant Valley wells. Under
proposed Section 617.130 it is noted that the technical standards apply within the regulated
recharge area and within 2,500 feet of the Pleasant Valley wellheads. The Board has added
“livestock waste” at Section 617.130(a), at both the Agency’s and the Agricultural
Organizations’ requests. PC 6 at 1; PC 3 at 2. This addition exempts livestock waste from
having to comply with the cross reference to 35 Ill. Adm. Code 601, 615, 616 and 617
(Groundwater Protection: Regulations for Existing and New Activities Within Setback Zones
and Regulated Recharge Areas) found in Section 617.130, because livestock waste is exempt
from these provisions. The Board finds no issues of technical feasibility in this proposal.
Abandoned and Improperly Plugged Well Assistance Program (Section 617.135)
If not properly closed, wells that are no longer used can be a ready conduit for
pollution of groundwater resources. Accordingly, elimination of abandoned and improperly
plugged wells is a focus of existing groundwater protection regulations. Today’s proposal at
35 Ill. Adm. Code 617.135 adds a program to these regulations to assist Pleasant Valley with
its elimination efforts. Specifically, this is done through an educational program in concert
with the Illinois Department of Public Health and the local school system.
Signage Provision (Section 617.140)
A second new wellhead protection provision proposed today in Subpart A mandates that
the Agency and the Illinois Department of Transportation work together to post road signs at
the entrance and exit of a recharge area. 35 Ill. Adm. Code 617.140. The purpose of this
provision is to notify the public of the presence of the recharge area, and thereby to lessen or
prevent impacts of contaminant spills.
Subpart B
Subpart B of today’s proposal sets forth the requirements specific to the proposed
Pleasant Valley regulated recharge area. In addition to an applicability provision, the subpart
contains two program provisions. The first program provision concerns registering potential
sources and groundwater contamination routes. The second concerns chemical substances
management.
10
Applicability (Section 617.205)
Types of activities that will be affected are new and existing primary, secondary, and
tertiary potential sources of groundwater contamination. 35 Ill. Adm. Code 617.205(a). Each
of these terms is as defined in existing wellhead protection regulations.
The applicability also emphasizes that existing regulations for setback zones, as
provided for in the EPAct, the IGPAct, and Board regulations, remain applicable and apply
throughout the regulated recharge area. 35 Ill. Adm. Code 617.205(b).
The Agency has noted that “the majority of the businesses located within the Pleasant
Valley PWD are small, and these proposed provisions are specifically developed with that in
mind.” Statement at 23. The Agency has also noted that, for this reason, it has “purposefully
wanted to avoid a complex permit-like system.” Statement at 23. The Board finds merit in
this perspective, and believes the proposed regulations reflect this perspective and also provide
an appropriate level of protection.
Source/Route Registration (Sections 617.210 and 617.215)
The proposal requires owners or operators of a potential source or route of groundwater
contamination, located wholly or partially within the recharge area, to register the location of
the source or route with the Agency. See 35 Ill. Adm. Code 617.210. To assure that affected
entities are notified of the registration requirement, the proposal provides that the Agency, with
the cooperation of Pleasant Valley, conduct a door-to-door canvass to notify the owners or
operators of all known potentially impacted facilities; the canvass is required within 30 days of
the effective date of the regulated recharge area. 35 Ill. Adm. Code 617.215. The proposal
further requires the Agency to hold a meeting with all owners and operators within 90 days of
the effective date, to help them register and provide information regarding Subpart B’s
requirements. 35 Ill. Adm. Code 617.215(b), (c).
Management of Chemical Substances (Sections 617.220 and 617.225)
Proposed 35 Ill. Adm. Code 617.220 sets out various provisions intended to assure safe
management of chemical substances within the regulated recharge area. Owners and operators
of potential tertiary sources of groundwater contamination must develop and implement a
chemical substances management system that will include, among other things, a description of
how the on-site chemical substances are stored and used. 35 Ill. Adm. Code 617.220(a).
Owners or operators of potential tertiary sources of groundwater contamination must also
register for a training program, which is intended to provide an overview of the sensitivity of
the groundwater resource, and provide input on appropriate pollution prevention alternatives.
35 Ill. Adm. Code 617.220(b), (e).
Following the training program, the owners and operators of potential tertiary sources
of groundwater contamination have 180 days in which to implement a chemical substances
management plan (CSMP). 35 Ill. Adm. Code 617.220 (c). The intent of creating the CSMP
is to develop provisions that allow for coexistence of uses through implementing best
11
management practices and contingency planning. Statement at 23. The proposal also requires
that the CSMP for new potential tertiary sources include secondary containment. 35 Ill. Adm.
Code 617.220(d).
Proposed 35 Ill. Adm. Code 617.225 sets out requirements for the Agency’s training
program.
ECONOMIC EFFECTS
The Agency assessed each of the businesses located in the Pleasant Valley proposed
regulated recharge area. PC 2 at 1-2. Evaluation of this information shows that the majority
of existing small businesses do not appear to be potential tertiary sources due to the small
amount of hazardous substances used. PC 2 at 2. However, two businesses could be potential
tertiary sources. PC 2 at 2. The assessments also show that many of the businesses already use
the operational measures proposed. PC 2 at 2. Therefore, when considering the economic
impact of this proposed rule, from both an operational and capital expenditure perspective, the
Agency evaluation further corroborates that implementing a management system for existing or
new potential tertiary sources will not be cost or time prohibitive.
Also, because of the regulation’s requirements that potential tertiary sources create a
CSMP, the economic effects on small businesses would be the costs of preparing the plan. The
Agency estimates that it would take 2-3 days to prepare the plan. At an estimated rate of $20-
$25 per hour, plus the cost of paying employees to attend an Agency-sponsored one day
training program, the total approximate cost of the proposal for a small business is $900. PC 1
at 2.
The capital costs likely to be incurred in complying with the proposal would be
primarily for new potential tertiary sources that either construct or use a pre-fabricated storage
and handling system. The Agency estimates that the costs of two or four-drum poly spill
containment pallets, with a 66-gallon sump capacity to be approximately $210-$475.
As the Agency notes, cleanup of groundwater contamination can be very costly.
Statement at 25-26. Significant reduction of the potential for groundwater contamination,
conversely, can be accomplished at low cost with education and employment of good
management practices.
ORDER
The Board hereby proposes for second notice the following amendments to 35 Ill. Adm.
Code 617. The Clerk of the Board is directed to file these proposed rules with the Joint
Committee on Administrative Rules
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
12
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. 1592, effective January 10, 1992, amended in R 96-18,
at 21 Ill. Reg. 6569, effective May 8, 1997, amended in R00-17 at 24 Ill. Reg. ,
effective ________.
NOTE: Italicization denotes statutory language.
SUBPART A: GENERAL
Section 617.101 Purpose
13
This Part establishes the general requirements and standards for sets out 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 24 Ill. Reg. , effective )
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;
14
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;
15
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
16
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 the effective
date of this Subpart; 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 the effective date of
this Subpart; 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
the effective date of this Subpart.
“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:
17
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
the effective date of this Subpart; or
18
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 the
effective date of this Subpart; or
a Potential Tertiary Source that is part of a facility that
undergoes major reconstruction after the effective date of
this Subpart. 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
19
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.
20
“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 24 Ill. Reg. , effective )
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: Amended at 24 Ill. Reg. , effective
)
21
Section 617.115 Scope
This Part establishes regulated recharge areas and provisions governing specific activities in
those areas delineated by the Board.
(Source: Amended at 24 Ill. Reg. , effective
)
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.
22
(Source: Amended at 24 Ill. Reg. , effective
)
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 as amended, 510 ILCS 77
et seq.
(1998), 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;
23
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
24
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 35
th 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: Amended at 24 Ill. Reg. , effective
)
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
25
e)
storage and related handling of pesticides and fertilizers at a central location for
the purpose of distribution to retail sales outlets.
(Source: Amended at 24 Ill. Reg. , effective
)
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: Amended at 24 Ill. Reg. , effective
)
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 the
effective date of this Subpart, 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 (1998), must demarcate
where any major road other than a state or interstate road or highway enters or
exits a regulated recharge area.
26
(Source: Amended at 24 Ill. Reg. , effective )
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 24 Ill. Reg. , effective
)
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: Amended at 24 Ill. Reg. , effective
)
27
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: Amended at 24 Ill. Reg. , effective
)
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 the effective date of Subpart B of this Part, 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 the effective date of
this Subpart 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.
28
(Source: Amended at 24 Ill. Reg. , effective
)
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 the effective date of this Subpart register for the
training required under Section 617.225; and
2) Within 120 days after the effective date of this Subpart 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:
29
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;
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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 24 Ill. Reg. , effective
)
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.
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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: Amended at 24 Ill. Reg. , effective
)
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Section 617.Appendix A Boundary of the Pleasant Valley Public Water District Regulated
Recharge Area
Please see the following page.
33
34
Section 617.Appendix B Potential Route and Source Registration Form
SECTION 617.APPENDIX B - PLEASANT VALLEY PUBLIC WATER DISTRICT
POTENTIAL SOURCE AND ROUTE REGISTRATION FORM
DATE:________________________________________
COMPANY/FACILITY NAME: _________________________________________________
MAILING ADDRESS:__________________________________________________________
________________________________ PHONE: ( )________________
COMPANY/FACILITY CONTACT NAME: _______________________________________
________________________________ PHONE: ( )________________
EMERGENCY CONTACT NAME:_______________________________________________
________________________________ PHONE: ( )________________
PROPERTY OWNER’S NAME: ___________________ PHONE: ( )________________
PROPERTY OWNER’S ADDRESS: ______________________________________________
______________________________________________________________
BRIEF DESCRIPTION OF BUSINESS ACTIVITIES AND PROCESSES:
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
BRIEF DESCRIPTION OF SPECIFIC CHEMICAL SUBSTANCES USED:
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IT IS SO ORDERED.
Board Member M. McFawn concurred.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the
above opinion and order was adopted on the 7th day of June 2001 by a vote of 7-0.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
