00-17r072601.PDF

ILLINOIS POLLUTION CONTROL BOARD

July 26, 2001

IN THE MATTER OF:

PROPOSED REGULATED RECHARGE

AREA FOR PLEASANT VALLEY PUBLIC

WATER DISTRICT, PROPOSED

AMENDMENTS TO 35 ILL. ADM. CODE

PART 617

)

R00-17

(Rulemaking - Public Water Supply)

Adopted Rule. Final Order.

OPINION AND ORDER OF THE BOARD (by R.C. Flemal, E.Z. Kezelis, N.J. Melas):

By today’s order, the Board adopts regulations establishing 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 in which recharging of groundwater occurs, and in which the Board imposed

enhanced regulations for the purpose of reducing the potential for contamination of that groundwater.

Statutory provisions that provide for establishment of regulated recharge areas occur at Section 17.3 of

the Environmental Protection Act (EPAct) (415 ILCS 5/17.3 (2000)). The Pleasant Valley regulated

recharge area is the first regulated recharge area established in Illinois pursuant to this authority.

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). Although only the stand-alone provisions bear the official title of “Illinois Groundwater

Protection Act” (415 ILCS 55/1 (2000)), in many uses the entirety of Public Act 85-863 is referred to

by that name. For clarity in today’s opinion, only the latter will be identified as the Illinois Groundwater

Protection Act (IGPAct).

Included in these amendments of Public Act 85-853 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. A regulated recharge area is one of the wellhead

protection provisions. 415 ILCS 5/17.3 (2000).

Regulated recharge area is defined in the EPAct as “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 Illinois Environmental

Protection Agency (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.

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 and First Notice

The Agency filed its proposal and supporting exhibits with the Board on February 14, 2000. 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. The

witnesses presented testimony regarding both the development of the Pleasant Valley proposal, and of

the rationale for its various provisions.

Based on the Agency’s filings, the record developed at hearing, and the public comments filed

to that date, the Board on August 10, 2000, issued an opinion and order adopting a proposal for first

notice.

Publication of the first-notice proposal occurred in the

Illinois Register

, Vol. 24, September 1,

2000, at 13163

et seq

Public Comments and Second Notice

The Board received seven public comments on the first-notice proposal. These were filed by

the Agency; the Illinois Farm Bureau, Illinois Pork Producers Association, and Illinois Beef Association

(Agricultural Organizations); the National Solid Wastes Management Association (NSWMA); Pleasant

Valley; and the CRPC. Based on the previous record and these public comments, on June 7, 2001 the

Board issued an opinion and order adopting the proposed regulations for second notice.

JCAR Review

Following adoption of the second-notice opinion and order, the Board filed the proposal with

the Joint Committee on Administrative Rules (JCAR). At JCAR’s suggestion, the Board has

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 __.”

Proposed Regulated Recharge Area of Pleasant Valley Public Water District, Proposed Amendments

to 35 Ill. Adm. Code Part 617 (August 10, 2000), R00-17.

implemented September 1, 2001, as the rule’s effective date. At its July 10, 2001 meeting JCAR voted

no objection to the adoption of the proposed regulations.

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.

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 necessary regulations. 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 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

Citations to the Exhibits filed with the Agency's proposal will be cited as “Exh. __ 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 REGULATIONS

Today’s regulations build 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 regulations.

The regulations are divided into two subparts and two appendices. Subpart A contains general

provisions. Should there be reason for the Board to establish regulated recharge areas in addition to the

Pleasant Valley area, these general provisions could be adopted to apply to the new regulated recharge

areas.

Subpart B contains requirements that are designed specifically for Pleasant Valley. The

appendices include a map that defines the boundaries of the regulated recharge area and a copy of the

form to be used in registrations of sources and routes.

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 adopted 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 waste landfills. See 35 Ill. Adm.

Code 617.120(a). A definition of “new” is included in Section 617.120(b).

Concerns about the new prohibitions were raised in post-first notice public comments. Among

these concerns were the questions of whether the Board could prohibit the siting of landfills within

regulated recharge areas, and whether the definition of a new facility was adequate. The Board

addressed these concerns in its second-notice opinion and order. The interested person is directed to

that opinion for a full discussion.

Suitability Assessment (Section 617.125)

Section 617.125 establishes the recharge area suitability assessment (RASA) provisions and

procedures. The purpose of the RASA process is to assess potential environmental impacts that a new

facility will 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.

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 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 replied via Public Comment 2 that it does not support making RASA statements

more than advisory at this time. It noted that it was concerned that the first-notice modifications

presented a new policy direction that may have some negative ramifications. PC 2 at 3. The Agency

also noted that in developing the RASA advisory provisions with interested stakeholders, it did not

discuss this level of pre-operation approval. PC 2 at 3. The Agency desires to have additional

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.

discussions with stakeholders before making the RASA statement more than advisory. PC 2 at 3. In

its second-notice opinion and order the Board accepted the Agency’s position, and reverted to the

original RASA advisory concept.

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 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.

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 regulations at 35 Ill. Adm. Code 617.135 add

a program 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 in today’s regulations 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 regulations sets forth the requirements specific to the 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 program concerns chemical substances management.

Applicability (Section 617.205)

Types of activities that are 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 today’s

regulations reflect this perspective and also provide an appropriate level of protection.

Source/Route Registration (Sections 617.210 and 617.215)

The regulations require 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 section 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 September 1, 2001, the effective date of

the regulated recharge area. 35 Ill. Adm. Code 617.215. The regulations further require the Agency to

hold a meeting with all owners and operators within 90 days of the September 1, 2001 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)

Section 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 management practices and

contingency planning. Statement at 23. The regulations also require that the CSMP for new potential

tertiary sources include secondary containment. 35 Ill. Adm. Code 617.220(d).

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 today’s regulations, 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 regulations for a small business is $900. PC 1 at 2.

The capital costs likely to be incurred in complying with the regulations will 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 Clerk is directed to cause publication in the

Illinois Register

of the following amendments

to the Board’s groundwater regulations at 35 Ill. Adm. Code 617.

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. , effective ________.

NOTE: Italicization denotes statutory language.

SUBPART A: GENERAL

Section 617.101

Purpose

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 25 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;

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

;

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;

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];

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;

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. , effective )

Section 617.110

Incorporation by Reference

The Board incorporates the following federal regulations by reference:

40 CFR 302.1 through 302.8.

This Part incorporates no later amendments or editions.

(Source: Amended at 25 Ill. Reg. , effective )

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 25 Ill. Reg. , effective )

Section 617.120

Prohibitions

The following new facilities, sites, units, or potential routes must not be located within a

delineated regulated recharge area:

low level radioactive waste sites;

class V injection wells;

municipal solid waste landfills; or

special or hazardous waste landfills.

For the purpose of subsection (a), “new” means the following:

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;

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;

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

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: Amended at 25 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.

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.

For any livestock waste handling facility subject to the Livestock Management Facilities

Act [510 ILCS 77], as amended, 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:

a public informational meeting pursuant to Section 12 of the Livestock

Management Facilities Act is not requested; or

the provisions for a public informational meeting are not applicable

to such

facility.

A recharge area suitability assessment must include, at a minimum, the following:

a legal description of the site and location maps including:

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;

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

an area map that identifies all land uses within 1 mile of the

site;

soil survey data for the site;

an explanation of the proposed operation and any protection controls or

measures;

a description of any management systems that will be utilized to prevent

environmental contamination; and

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.

Within 7 days after filing the suitability assessment, the owner or operator

must:

notify all adjacent property owners of the filing; and

publish a public notice regarding the filing of the assessment in a newspaper

whose circulation covers the affected area.

Within 45 days after the filing of an assessment, any person may:

request copies of the assessment from the Agency; and

request that a public hearing be held at a location in the vicinity of the proposed

facility.

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.

The Agency must provide 21 days public notice prior to a public hearing.

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:

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;

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

the assessment must be modified to address any impacts that the facility will

have on the groundwater within the area.

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.

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.

Operation of the facility may only commence after issuance of a final statement by the

Agency.

The applicant may appeal the Agency’s final statement to the Board by filing a petition

on or before the 35

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 25 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:

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;

storage of special waste in an underground storage tank to which federal regulatory

requirements for the protection of groundwater are not applicable;

storage and related handling of pesticides and fertilizers at a facility for the purpose of

commercial application;

storage and related handling of road oils and de-icing agents at a central location; and

storage and related handling of pesticides and fertilizers at a central location for the

purpose of distribution to retail sales outlets.

(Source: Amended at 25 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:

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.

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.

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.

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 25 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 September 1,

2001, as follows:

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

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: Amended at 25 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 25 Ill. Reg. , effective )

Section 617.205

Applicability

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:

those activities not regulated by 35 Ill. Adm. Code 615 or 35 Ill. Adm. Code

616;

Class V wells and abandoned and improperly plugged wells of any type;

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.

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 25 Ill. Reg. , effective )

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:

no later than 30 days prior to commencement of construction for new potential routes

or primary, secondary or tertiary sources of groundwater contamination; or

no later than 90 days after the registration meeting described in Section 617.215 of this

Subpart.

(Source: Amended at 25 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.

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.

At the meeting, the Agency will provide:

information concerning the applicability of this Subpart;

an explanation of and information concerning any other related regulations; and

an opportunity for the owner or operator to register the facility.

The Agency will sponsor the meeting within 90 days after September 1, 2001, at a

location within the Pleasant Valley Public Water District.

The Agency must provide copies of each registration to the Pleasant Valley Public

Water District.

(Source: Amended at 25 Ill. Reg. , effective )

Section 617.220

Management Systems for Potential Sources

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:

a brief description of the manner in which the on-site chemical substances are

stored and used;

a potential release assessment and the response procedures to be followed by

the facility for notifying local emergency response agencies;

management measures that are employed to reduce the potential for releases;

and

suitable training as provided by the Agency pursuant to Section

617.225 of this Subpart.

The owner or operator of an existing potential tertiary source of groundwater

contamination located wholly or partially within the regulated recharge area must:

Within 90 days after September 1, 2001, register for the training required under

Section 617.225; and

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).

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.

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:

When not protected from receiving precipitation, the constructed or pre-

fabricated containment system must have:

a minimum containment volume of a 6-inch rain storm (a 25 year, 24

hour rain);

the capacity of the largest container or tank; and

the volume displaced by the bases of the other tanks located within the

secondary containment structure.

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.

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.

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.

The owner or operator of a new potential tertiary source of groundwater contamination

located wholly or partially within the regulated recharge area must:

construction has commenced; and

attend an Agency sponsored training program required under Section 617.225

within 60 days after registration.

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.

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:

maintain a CSMP at the facility at all times;

review the CSMP annually;

clearly identify changes in the CSMP;

provide a copy of the initial Plan to the appropriate local fire department and

police response agency; and

make the CSMP available for inspection by the public during normal operating

hours.

(Source: Amended at 25 Ill. Reg. , effective )

Section 617.225

Training Program for Potential Tertiary Sources

A chemical substance management training program (as required in Section 617.220(a))

must be conducted by the Agency as follows:

The training program must cover, at a minimum, the following topics:

an overview of the sensitivity of community water supply recharge areas

and groundwater protection;

improperly abandoned wells;

the procedure for developing a chemical substance management system;

cost effective containment systems;

small business technical assistance opportunities; and

pollution prevention alternatives appropriate for the type of business.

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.

An individual must enroll with the Agency prior to the date for the next

scheduled training program.

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.

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 25 Ill. Reg. , effective )

Section 617.Appendix A Boundary of the Pleasant Valley Public Water District Regulated Recharge

Area

Please see the following page.

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:

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the above

opinion and order was adopted on 26th day of July 2001 by a vote of 6-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board