1. TITLE 35: ENVIRONMENTAL PROTECTION
  2. SUBTITLE F: PUBLIC WATER SUPPLIES
    1. CHAPTER I: POLLUTION CONTROL BOARD
      1. PART 620
      2. GROUNDWATER QUALITY
        1. Section 620.110 Definitions
        2. Section 620.310 Preventive Response Activities
        3. Section 620.410 Groundwater Quality Standards for Class I: Potable Resource Groundwater
        4. Section 620.420 Groundwater Quality Standards for Class II: General Resource Groundwater
      3. SUBPART E: GROUNDWATER MONITORING AND ANALYTICAL PROCEDURES
      4.   i) Less than 15 feet in total depth from the land surface, and 

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ILLINOIS POLLUTION CONTROL BOARD

January 24, 2002

 

IN THE MATTER OF:

 

PROPOSED MTBE AND COMPLIANCE DETERMINATION AMENDMENTS TO GROUNDWATER QUALITY STANDARDS: 35 ILL. ADM. CODE 620

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R01-14

(Rulemaking – Public Water Supply)

 

Adopted Rule. Final Order.

 

OPINION AND ORDER OF THE BOARD (by N.J. Melas, C.A. Manning, R.C. Flemal)

 

 By today’s order, the Board is amending the Board’s groundwater quality regulations to include methyl tertiary-butyl ether (MTBE) at 35 Ill. Adm. Code 620. Specifically, the amendments include a preventative response level in addition to Class I and Class II groundwater standards for MTBE. The amendments would also clarify sampling procedures for certain existing drinking water supply wells.

 

 The amendments adopted today are substantially similar to the proposal filed with the Board by the Illinois Environmental Protection Agency (Agency) on September 1, 2000.

 

PROCEDURAL HISTORY

 

 Two public hearings were held in this matter before Board Hearing Officer Joel Sternstein, Board Members, and Board staff. The first hearing was held on March 1, 2001, in Springfield, and the second hearing was held on April 5, 2001, in Chicago. The Board received three public comments in this proceeding.

 

The Board then adopted the proposed amendments to Part 620 for first notice. See  Proposed MTBE and Compliance Determination Amendments to Groundwater Quality Standards: 35 Ill. Adm. Code 620, R01-14 (Sept. 6, 2001). On September 21, 2001, the Secretary of State published the proposed amendments in the Illinois Register at 25 Ill. Reg. 11973. The Board subsequently adopted its second-notice opinion and order and sent the proposed amendments to the Joint Committee on Administrative Rules (JCAR) for its consideration. See Proposed MTBE and Compliance Determination Amendments to Groundwater Quality Standards: 35 Ill. Adm. Code 620 , R01-14 (Dec. 6, 2001). On January 9, 2002, JCAR voted a certificate of no objection.

 

DISCUSSION

 

The Board will provide a brief summary of MTBE’s properties, the Agency’s proposal, and the Board’s rationale behind its decision. The Board will also provide a summary of the amendments regarding sampling procedures for certain existing drinking water supply wells. For a more detailed discussion of the amendments, please refer to the Board’s first-notice and second-notice opinions and orders in this matter.

 


MTBE Properties

 

MTBE is a type of organic chemical known as an ether that has been widely used as an octane-enhancing additive to gasoline. Tr.1 at 12-13; Exh. 1 at 4; Stat. of Reas. at exh. 4 - pp. 1, 5.  1 MTBE is very soluble in water, and, as a result, is readily transported by groundwater away from a spill or leak such as from an Underground Storage Tank. Tr.1 at 13-15; Exh. 1 at 5-6; Stat. of Reas. at 2-3. Some people can taste or smell MTBE in drinking water at concentrations as low as 20 to 40 parts per billion (ppb). Tr.1 at 12, 51-52; Exh. 1 at 4; Exh. 13 at iii; Stat. of Reas. at exh. 4 – p. 2. Since 1994, 26 community water supplies (CWS) in Illinois have exhibited MTBE contamination in finished drinking water sampling results. Tr.1 at 11-12, 46; Exh. 1 at 1-3; Stat. of Reas. at 5.

 

 The MTBE groundwater standards are also a basis for amendments to Part 742 of the Board’s regulations that are being promulgated today. See Proposed Amendments to Tiered Approach to Correction Action Objectives (TACO) (MTBE): 35 Ill. Adm. Code 742, R00-19(C) (Jan. 24, 2002).

 


The Agency’s Proposal

 

The Agency proposed the addition of an MTBE Class I Potable Resource Groundwater standard and an MTBE Class II General Resource Groundwater standard. The Agency proposed a standard of 70 ppb for both classes. 35 Ill. Adm. Code 620.410, 620.420. In addition, the Agency proposed a preventive response level for MTBE of 20 ppb. See 35 Ill. Adm. Code 620.310.

 

Richard P. Cobb, P.G., of the Agency testified that the Class I standard of 70 ppb is based on a draft Agency health advisory (advisory) developed pursuant to 35 Ill. Adm. Code 620.605, and a review of other states’ regulations. Mr. Cobb stated that the Class II standard is based on the capability of treatment technology to achieve the Class I standard. He noted that the Class II standard is also proposed at 70 ppb since treatment of MTBE is very difficult once it has dissolved into groundwater. Mr. Cobb also stated that the preventive response level for MTBE is based on its taste and odor threshold. Tr.1 at 23; Exh. 1 at 12; Stat. of Reas. at 6-7.

 


Rationale Behind the Board’s Decision

 

The Board’s fundamental decision at first notice was whether to propose a standard based on non-carcinogenic or carcinogenic effects of MTBE. The Agency’s proposal typifies a standard based on non-carcinogenic effects. The Agency chose not to use a carcinogenic endpoint as the basis for its proposal in part because it defers to the USEPA regarding the carcinogenic properties of MTBE, and partly because it has been faced with the need to make decisions in the absence of a USEPA position. Agency toxicologist Dr. Thomas C. Hornshaw noted that the Agency needed to come up with regulatory values because there had been detections of MTBE at CWS’s across Illinois. Tr.1 at 42. The Board agreed with the Agency that Illinois does not have the luxury of waiting for a directive from USEPA when 26 CWS’s have already shown signs of MTBE contamination.

 

California has already set an MTBE standard based on carcinogenic effects, and the Agency noted that the California toxicologists’ approach was “consistent with the guidelines published by USEPA for cancer risk assessment.” PC 2 at 6.

 

The Board found that both the Agency’s proposal and the California standard have been well-researched and carefully analyzed. However, the Board found that it would be more prudent to follow the Agency’s proposal that is based on the non-carcinogenic effects of MTBE. USEPA has not yet identified MTBE as a carcinogen. The Board is using a similar rationale for determining groundwater standards in this docket as it is for determining cleanup standards in the R00-19(C) TACO MTBE docket.

 

The Board may propose revisions to these MTBE groundwater quality standards if MTBE is found to be a carcinogen.

 

For the sake of consistency with respect to regulatory compliance, the Board adopts the definition of carcinogen at Part 742 of the Board’s regulations and at Section 58.2 of the Environmental Protection Act (Act) replace the existing definition at Part 620 of the Board’s regulations.

 

The Board finds that the Agency properly proposed a level of 20 ppb MTBE as a trigger for preventative response activities at Section 620.310 of the Board’s regulations. We agree with the Agency that the taste and odor threshold should serve as a basis for the 20 ppb trigger.

 


Protection for Drinking Water Supply Wells

 

The amendments also add criteria to further clarify conditions for drinking water supply wells that can be used to collect representative groundwater samples. The amendments allow a licensed professional engineer or a licensed professional geologist to use adjacent geological information and well construction information common to sand point wells. Stat. of Reas. at 7.

 

The genesis behind the amendments at Section 602.505 is the appellate court case People v. Stonehedge, Inc., 288 Ill. App. 3d 318, 680 N.E.2d 497 (2d Dist. 1997). The appellate court did not allow the use of samples from drinking water supply wells for compliance determinations even though, the Agency claims, the drinking water wells were representative of the geology of the area. The amendments in this matter expand the list of drinking water supply wells that can be used for compliance determinations.

 

CONCLUSION

 

The Board adopts an MTBE standard of 70 ppb (0.07mg/L) for Class I and Class II groundwater and a preventative response level of 20 ppb (0.02 mg/L) in Illinois. The Board also changes the definition of “carcinogen” in Part 620 of the Board’s regulations to match the definition of “carcinogen” at Part 742 of the Board’s regulations.

 

 The Board also adopts the Agency’s amendments to the regulations regarding wells used in compliance determinations. The Board replaces the Agency’s proposed definitions for “licensed professional engineer” and “licensed professional geologist” with the definitions of these terms that are already found respectively in the Act and the Professional Geologist Licensing Act.

 

 The Board is also including nonsubstantive changes that the Joint Committee on Administrative Rules recommended during the first-notice period. No changes were proposed during the second-notice period.

 

ORDER

 

The Board adopts the following amendments to 35 Ill. Adm. Code 620. The Clerk of the Board is directed to cause publication in the Illinois Register of the following amendments to the Board’s groundwater quality regulations at 35 Ill. Adm. Code 620.

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TITLE 35: ENVIRONMENTAL PROTECTION

Back to top

SUBTITLE F: PUBLIC WATER SUPPLIES


CHAPTER I: POLLUTION CONTROL BOARD

 


PART 620


GROUNDWATER QUALITY

 

SUBPART A: GENERAL

Section

620.105

Purpose

620.110

Definitions

620.115

Prohibition

620.125

Incorporations by Reference

620.130

Exemption from General Use Standards and Public and Food Processing Water Supply Standards

620.135

Exclusion for Underground WatersWater in Certain Man-Made Conduits

 

SUBPART B: GROUNDWATER CLASSIFICATION

 

Section

620.201

Groundwater Designations

620.210

Class I: Potable Resource Groundwater

620.220

Class II: General Resource Groundwater

620.230

Class III: Special Resource Groundwater

620.240

Class IV: Other Groundwater

620.250

Groundwater Management Zone

620.260

Reclassification of Groundwater by Adjusted Standard

 

SUBPART C: NONDEGRADATION PROVISIONS FOR APPROPRIATE GROUNDWATERS

 

Section

620.301

General Prohibition Against Use Impairment of Resource Groundwater

620.302

Applicability of Preventive Notification and Preventive Response Activities

620.305

Preventive Notification Procedures

620.310

Preventive Response Activities

 

SUBPART D: GROUNDWATER QUALITY STANDARDS

 

Section

620.401

Applicability

620.405

General Prohibitions Against Violations of Groundwater Quality Standards

620.410

Groundwater Quality Standards for Class I: Potable Resource Groundwater

620.420

Groundwater Quality Standards for Class II: General Resource Groundwater

620.430

Groundwater Quality Standards for Class III: Special Resource Groundwater

620.440

Groundwater Quality Standards for Class IV: Other Groundwater

620.450

Alternative Groundwater Quality Standards

 

SUBPART E: GROUNDWATER MONITORING AND ANALYTICAL PROCEDURES

 

Section

620.505

Compliance Determination

620.510

Monitoring and Analytical Requirements

 

SUBPART F: HEALTH ADVISORIES

 

Section

620.601

Purpose of a Health Advisory

620.605

Issuance of a Health Advisory

620.610

Publishing Health Advisories

620.615

Additional Health Advice for Mixtures of Similar-Acting Substances

Appendix A

Procedures for Determining Human Threshold Toxicant Advisory Concentration for Class I: Potable Resource Groundwater

Appendix B

Procedures for Determining Hazard Indices for Class I: Potable Resource Groundwater for Mixtures of Similar-Acting Substances

Appendix C

Guidelines for Determining When Dose Addition of Similar-Acting Substances in Class I: Potable Resource Groundwaters is Appropriate

Appendix D

Confirmation of an Adequate Corrective Action Pursuant to 35 Ill. Adm. Code 620.250(a)(2)

 

AUTHORITY: Implementing and authorized by Section 8 of the Illinois Groundwater Protection Act [415 ILCS 55/8] and authorized by Section 27 of the Illinois Environmental Protection Act [415 ILCS 5/27].

 

SOURCE: Adopted in R89-14(B) at 15 Ill. Reg. 17614, effective November 25, 1991; amended in R89-14(C) at 16 Ill. Reg. 14667, effective September 11, 1992; amended at 18 Ill. Reg. 14084, effective August 24, 1994; amended in R96-10 at 21 Ill. Reg. 6518, effective May 8, 1997; amended in R97-11 at 21 Ill. Reg. 7869, effective July 1, 1997; amended in R01-14 at 26 Ill. Reg. ________, effective __________.

 

SUBPART A: GENERAL

 


Section 620.110  Definitions

 

The definitions of the Environmental Protection Act [415 ILCS 5] and the Groundwater Protection Act [415 ILCS 55] apply to this Part. The following definitions also apply to this Part.

 

 

"Act" means the Environmental Protection Act [415 ILCS 5].

   
 

"Agency" means the Illinois Environmental Protection Agency.

   
 

"AQUIFER" MEANS SATURATED (WITH GROUNDWATER) SOILS AND GEOLOGIC MATERIALS WHICH ARE SUFFICIENTLY PERMEABLE TO READILY YIELD ECONOMICALLY USEFUL QUANTITIES OF WATER TO WELLS, SPRINGS, OR STREAMS UNDER ORDINARY HYDRAULIC GRADIENTS."Aquifer" means saturated (with groundwater) soils and geologic materials which are sufficiently permeable to readily yield economically useful quantities of water to wells, springs, or streams under ordinary hydraulic gradients. [415 ILCS 55/3(b)](Section 3(b) of the IGPA).

   
 

"BETX" means the sum of the concentrations of benzene, ethylbenzene, toluene, and xylenes.

   
 

"Board" means the Illinois Pollution Control Board.

   
 

"Carcinogen" means a chemical, or complex mixture of closely related chemicals, thatwhich has been listed or classified in the Integrated Risk Information System or as specified in a final rule adopted by USEPA in accordance with USEPA Guidelines for Carcinogenic Risk Assessment, incorporated by reference at Section 620.125, to be a group A, B1, or B2 carcinogen."Carcinogen" means a contaminant that is classified as a Category A1 or A2 Carcinogen by the American Conference of Governmental Industrial Hygienists; or a Category 1 or 2A/2B carcinogen by the World Health Organization's International Agency for Research on Cancer; or a "Human carcinogen" or "Anticipated Human Carcinogen" by the United States Department of Health and Human Service National Toxicological Program; or a Category A or B1/B2 Carcinogen by the United States Environmental Protection Agency in Integrated Risk Information System or a Final Rule issued in a Federal Register notice by the USEPA. [415 ILCS 5/58.2]

   
 

"COMMUNITY WATER SUPPLY" MEANS A PUBLIC SUPPLY WHICH SERVES OR IS INTENDED TO SERVE AT LEAST 15 SERVICE CONNECTIONS USED BY RESIDENTS OR REGULARLY SERVES AT LEAST 25 RESIDENTS"Community water supply" means a public supply which serves or is intended to serve at least 15 service connections used by residents or regularly serves at least 25 residents. [415 ILCS 5/3.05](Section 3.05 of the Act)

   
 

"CONTAMINANT" MEANS ANY SOLID, LIQUID, OR GASEOUS MATTER, ANY ODOR, OR ANY FORM OF ENERGY, FROM WHATEVER SOURCE"Contaminant" means any solid, liquid, or gaseous matter, any odor, or any form of energy, from whatever source. [415 ILCS 5/3.06](Section 3.06 of the Act)

   
 

"Corrective action process" means those procedures and practices that may be imposed by a regulatory agency when a determination has been made that contamination of groundwater has taken place, and are necessary to address a potential or existing violation of the standards set forth in Subpart D.

   
 

"Cumulative impact area" means the area, including the coal mine area permitted under the Surface Coal Mining Land Conservation and ReclemationReclamation Act [225 ILCS 720] and 62 Ill. Adm. Code 1700 through 1850, within which impacts resulting from the proposed operation may interact with the impacts of all anticipated mining on surface water and groundwater systems.

 

 

"Department" means the Illinois Department of Natural Resources.

 

 

"Detection" means the identification of a contaminant in a sample at a value equal to or greater than the:

 

   

"Method Detection Limit" or "MDL" thatwhich means the minimum concentration of a substance that can be measured as reported with 99 percent confidence that the true value is greater than zero, pursuant to 56 Fed. Reg. 3526-3597, incorporated by reference at Section 620.125; or

   

"Method Quantitation Limit" or "MQL" thatwhich means the minimum concentration of a substance that can be measured and reported pursuant to "Test Methods for Evaluating Solid Wastes, Physical/ Chemical Methods", incorporated by reference at Section 620.125.

 

 

"Department" means the Illinois Department of Energy and Natural Resources.

   
 

"GROUNDWATER" MEANS UNDERGROUND WATER WHICH OCCURS WITHIN THE SATURATED ZONE AND GEOLOGIC MATERIALS WHERE THE FLUID PRESSURE IN THE PORE SPACE IS EQUAL TO OR GREATER THAN ATMOSPHERIC PRESSURE"Groundwater" means underground water which occurs within the saturated zone and geologic materials where the fluid pressure in the pore space is equal to or greater than atmospheric pressure.[415 ILCS 5/3.64](Section 3.64 of the Act)

   
 

"Hydrologic balance" means the relationship between the quality and quantity of water inflow to, water outflow from, and water storage in a hydrologic unit such as a drainage basin, aquifer, soil zone, lake, or reservoir. It encompasses the dynamic relationships among precipitation, runoff, evaporation, and changes in ground and surface water storage.

   
 

"IGPA" means the Illinois Groundwater Protection Act. [415 ILCS 55]

   
 

"LOAEL" or "Lowest observable adverse effect level" means the lowest tested concentration of a chemical or substance thatwhich produces a statistically significant increase in frequency or severity of non-overt adverse effects between the exposed population and its appropriate control. LOAEL may be determined for a human population (LOAEL-H) or an animal population. (LOAEL-A).

   
 

“Licensed Professional Engineer” or “LPE” means a person, corporation, or partnership licensed under the laws of the State of Illinois to practice professional engineering. [415 ILCS 5/57.2]

   
 

“Licensed Professional Geologist” or “LPG” means an individual who is licensed under the Professional Geologist Licensing Act to engage in the practice of professional geology in Illinois. (Professional Geologist Licensing Act [225 ILCS 745/15])

   
 

"NOAEL" or "No observable adverse effect level" means the highest tested concentration of a chemical or substance thatwhich does not produce a statistically significant increase in frequency or severity of non-overt adverse effects between the exposed population and its appropriate control. NOAEL may be determined for a human population (NOAEL-H) or an animal population (NOAEL-A).

   
 

"NON-COMMUNITY WATER SUPPLY" MEANS A PUBLIC WATER SUPPLY THAT IS NOT A COMMUNITY WATER SUPPLY"Non-community water supply" means a public water supply that is not a community water supply. [415 ILCS 5/3.05](Section 3.05)

   
 

"Off-site" means not on-site.

   
 

"On-site" means on the same or geographically contiguous property thatwhich may be divided by public or private right-of-way, provided the entrance and exit between properties is at a crossroads intersection and access is by crossing as opposed to going along the right-of-way. Noncontiguous properties owned by the same person but connected by a right-of-way thatwhich he controls and thatto which the public does not have access to is also considered on-site property.

   
 

"Operator" means the person responsible for the operation of a site, facility or unit. "Owner" means the person who owns a site, facility or unit or part of a site, facility or unit, or who owns the land on which the site, facility or unit is located.

   
 

"POTABLE" MEANS GENERALLY FIT FOR HUMAN CONSUMPTION IN ACCORDANCE WITH ACCEPTED WATER SUPPLY PRINCIPLES AND PRACTICES"Potable" means generally fit for human consumption in accordance with accepted water supply principles and practices. [415 ILCS 5/3.65](Section 3.65 of the Act)

   
 

"POTENTIAL PRIMARY SOURCE" MEANS ANY UNIT AT A FACILITY OR SITE NOT CURRENTLY SUBJECT TO A REMOVAL OR REMEDIAL ACTION WHICH:

 

"Potential primary source" means any unit at a facility or site not currently subject to a removal or remedial action which:

 

   

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

   

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](Section 3.59 of the Act)

 

 

"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"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](Section 3.58 of the Act)

   
 

"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, WHICH:

 

"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, which:

 

   

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 SUBSTANCE; 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

   

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 substance; 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 [225 ILCS 225]. [415 ILCS 5/3.60]

 

 

"Practical Quantitation Limit" or "PQL" means the lowest concentration or level that can be reliably measured within specified limits of precision and accuracy during routine laboratory operating conditions in accordance with "Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods", EPA Publication No. SW-846, incorporated by reference at Section 620.125.

   
 

"Previously mined area" means land disturbed or affected by coal mining operations prior to February 1, 1983.

   
 

(Board NoteBOARD NOTE: February 1, 1983, is the effective date of the Illinois permanent program regulations implementing the Surface Coal Mining Land Conservation and Reclamation Act [225 ILCS 720] as codified in 62 Ill. Adm. Code 1700 through 1850.)

   
 

"Property class" means the class assigned by a tax assessor to real property for purposes of real estate taxes.

   
 

(Board NoteBOARD NOTE: The property class [(rural property, residential vacant land, residential with dwelling, commercial residence, commercial business, commercial office, or industrial)] is identified on the property record card maintained by the tax assessor in accordance with the Illinois Real Property Appraisal Manual [(February 1987)], published by the Illinois Department of Revenue, Property Tax Administration Bureau.)

   
 

"PUBLIC WATER SUPPLY" MEANS ALL MAINS, PIPES AND STRUCTURES THROUGH WHICH WATER IS OBTAINED AND DISTRIBUTED TO THE PUBLIC, INCLUDING WELLS AND WELL STRUCTURES, INTAKES AND CRIBS, PUMPING STATIONS, TREATMENT PLANTS, RESERVOIRS, STORAGE TANKS AND APPURTENANCES, COLLECTIVELY OR SEVERALLY, ACTUALLY USED OR INTENDED FOR USE FOR THE PURPOSE OF FURNISHING WATER FOR DRINKING OR GENERAL DOMESTIC USE AND WHICH SERVE AT LEAST 15 SERVICE CONNECTIONS OR WHICH REGULARLY SERVE AT LEAST 25 PERSONS AT LEAST 60 DAYS PER YEAR. A PUBLIC WATER SUPPLY IS EITHER A "COMMUNITY WATER SUPPLY" OR A "NON-COMMUNITY WATER SUPPLY""Public water supply" means all mains, pipes and structures through which water is obtained and distributed to the public, including wells and well structures, intakes and cribs, pumping stations, treatment plants, reservoirs, storage tanks and appurtenances, collectively or severally, actually used or intended for use for the purpose of furnishing water for drinking or general domestic use and which serve at least 15 service connections or which regularly serve at least 25 persons at least 60 days per year. A public water supply is either a "community water supply" or a "non-community water supply". [415 ILCS 5/3.28](Section 3.28 of the Act)

   
 

"Regulated entity" means a facility or unit regulated for groundwater protection by any stateState or federal agency.

   
 

"Regulatory agency" means the Illinois Environmental Protection Agency, Department of Public Health, Department of Agriculture, Departmentthe Office of Mines and Minerals in the Department of Natural Resources, and the Office of State Fire Marshal.

   
 

"REGULATED RECHARGE AREA" MEANS A COMPACT GEOGRAPHIC AREA, AS DETERMINED BY THE BOARD "Regulated recharge area" means a compact geographic area, as determined by the Board pursuant to Section 17.4 of the Act,THE GEOLOGY OF WHICH RENDERS A POTABLE RESOURCE GROUNDWATER PARTICULARLY SUSCEPTIBLE TO CONTAMINATION the geology of which renders a potable resource groundwater particularly susceptible to contamination. [415 ILCS 5/3.67](Section 3.67 of the Act) 

 
   
 

"RESOURCE GROUNDWATER" MEANS GROUNDWATER THAT IS PRESENTLY BEING, OR IN THE FUTURE IS CAPABLE OF BEING, PUT TO BENEFICIAL USE BY REASON OF BEING OF SUITABLE QUALITY"Resource groundwater" means groundwater that is presently being, or in the future is capable of being, put to beneficial use by reason of being of suitable quality. [415 ILCS 5/3.66](Section 3.66 of the Act) 

 
   
 

"SETBACK ZONE" MEANS A GEOGRAPHIC AREA, DESIGNATED PURSUANT TO THIS 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"Setback zone" means a geographic area, designated pursuant to this 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](Section 3.61 of the Act)

 
   
 

"SITE" MEANS ANY LOCATION, PLACE, TRACT OF LAND AND FACILITIES, INCLUDING BUT NOT LIMITED TO, BUILDINGS AND IMPROVEMENTS USED FOR THE PURPOSES SUBJECT TO REGULATION OR CONTROL BY THE ACT OR REGULATIONS THEREUNDER"Site" means any location, place, tract of land and facilities, including but not limited to, buildings and improvements used for the purposes subject to regulation or control by the Act or regulations thereunder.  [415 ILCS 5/3.43](Section 3.43 of the Act) 

 
   
 

"Spring" means a natural surface discharge of an aquifer from rock or soil.

   
 

"Threshold dose" means the lowest dose of a chemical at which a specified measurable effect is observed and below which it is not observed.

   
 

"Treatment" means the technology, treatment techniques, or other procedures for compliance with 35 Ill. Adm. Code:, Subtitle F.

   
 

"UNIT" MEANS ANY DEVICE, MECHANISM, EQUIPMENT, OR AREA (EXCLUSIVE OF LAND UTILIZED ONLY FOR AGRICULTURAL PRODUCTION)"Unit" means any device, mechanism, equipment, or area (exclusive of land utilized only for agricultural production).  [415 ILCS 5/3.62](Section 3.62 of the Act) 

 
   
 

"USEPA" means the United States Environmental Protection Agency.

 

(Source: Amended at 26 Ill. Reg. _____, effective _______________)

 

SUBPART C: NONDEGRADATION PROVISIONS FOR APPROPRIATE GROUNDWATERS

 


Section 620.310  Preventive Response Activities

 

 
a) The following preventive assessment must be undertaken:
 
1) If a preventive notification under Section 620.305(c) is provided by a community water supply:
   
A) The Agency shall notify the owner or operator of any identified potential primary source, potential secondary source, potential route, or community water supply well that is located within 2,500 feet of the wellhead.
B) The owner or operator notified under subsection (a)(1)(A) shall, within 30 days afterof the date of issuance of such notice, sample each water well or monitoring well for the contaminant identified in the notice if the contaminant or material containing such contaminant is or has been stored, disposed of, or otherwise handled at the site. If a contaminant identified under Section 620.305(a) is detected, then the well must be resampled within 30 days of the date on which the first sample analyses are received. If a contaminant identified under Section 620.305(a) is detected by the resampling, preventive notification must be given as set forth in Section 620.305.
C) If the Agency receives analytical results under subsection (a)(1)(B) that show a contaminant identified under Section 620.305(a) has been detected, the Agency shall:
  
i) Conduct a well site survey pursuant to 415 ILCS 5/17.1(d)Section 17.1(d) of the Act, if such a survey has not been previously conducted within the last 5 years; and
ii) Identify those sites or activities thatwhich represent a hazard to the continued availability of groundwaters for public use unless a groundwater protection needs assessment has been prepared pursuant to 415 ILCS 5/17.1(d)Section 17.1 of the Act.
  
2) If a preventive notification is provided under Section 620.305(c) by a non-community water supply or for multiple private water supply wells, the Department of Public Health shall conduct a sanitary survey within 1,000 feet of the wellhead of a non-community water supply or within 500 feet of the wellheads for multiple private water supply wells.
3) If a preventive notification under Section 620.305(b) is provided by the owner or operator of a regulated entity and the applicable standard in Subpart D has not been exceeded:
 
A) The appropriate regulatory agency shall determine if any of the following occurs for Class I: Potable Resource Groundwater:
 
i) The levels set forth below are exceeded or are changed for pH:
 

Constituent

Criteria (mg/L)

     
 

para-Dichlorobenzene

0.005

 

ortho-Dichlorobenzene

0.01

 

Ethylbenzene

0.03

 

Methyl Tertiary-Butyl Ether

0.02

 

Phenols

0.001

 

Styrene

0.01

 

Toluene

0.04

 

Xylenes

0.02

 

  
ii) A statistically significant increase occurs above background (as determined pursuant to other regulatory procedures (e.g., 35 Ill. Adm. Code 616, 724, 725 or 811)) for arsenic, beryllium, cadmium, chromium, cyanide, lead, or mercury or thallium (except due to natural causes); or for aldicarb, atrazine, carbofuran, dalapon, dinoseb, endrin, endothall, hexachlorocyclopentadiene, lindane (gamma-hexachloro cyclohexane), 2,4-D, 1, 1 - dichloroethylene, cis - 1, 2 - dichloroethylene, trans-1,2-dichloroethylene, methoxychlor, monochlorobenzene, picloram, simazine, 2,4,5-TP (Silvex), 1,2,4-trichloro- benzene, 1,1,2-trichloroethane, and 1, 1, 1 - trichloroethane.
iii) For a chemical constituent of gasoline, diesel fuel, or heating fuel, the constitutentconstituent exceeds the following:
 

Constituent

Criterion (mg/L)

     
 

BETX

0.095

 
iv) For pH, a statistically significant change occurs from background.

(Board NoteBOARD NOTE: Constituents that are carcinogens have not been listed in subsection (a)(3)(A) because the standard is set at the PQL and any exceedence thereof is a violation subject to corrective action.)

 

  
B) The appropriate agency shall determine if, for Class III: Special Resource Groundwater, the levels as determined by the Board are exceeded.
C) The appropriate regulatory agency shall consider whether the owner or operator reasonably demonstrates that:
   
i) The contamination is a result of contaminants remaining in groundwater from a prior release for which appropriate action was taken in accordance with laws and regulations in existence at the time of the release;
ii) The source of contamination is not due to the on-site release of contaminants; or
iii) The detection resulted from error in sampling, analysis, or evaluation.
 
D) The appropriate regulatory agency shall consider actions necessary to minimize the degree and extent of contamination.
  
b) The appropriate regulatory agency shall determine whether a preventive response must be undertaken based on relevant factors including, but not limited to, the considerations in subsection (a)(3).
c) After completion of preventive response pursuant to authority of an appropriate regulatory agency, the concentration of a contaminant listed in subsection (a)(3)(A) in groundwater may exceed 50 percent of the applicable numerical standard in Subpart D only if the following conditions are met:
   
1) The exceedence has been minimized to the extent practicable;
2) Beneficial use, as appropriate for the class of groundwater, has been assured; and
3) Any threat to public health or the environment has been minimized.
 
d) Nothing in this Section shall in any way limit the authority of the State or of the United States to require or perform any corrective action process.

(Source: Amended at 26 Ill. Reg. _____, effective _______________)

 

SUBPART D: GROUNDWATER QUALITY STANDARDS

 


 
Section 620.410 Groundwater Quality Standards for Class I: Potable Resource Groundwater
 
a) Inorganic Chemical Constituents
Except due to natural causes or as provided in Section 620.450, concentrations of the following chemical constituents must not be exceeded in Class I groundwater:
 

Constituent

Units

Standard

       
 

Antimony

mg/L

0.006

 

Arsenic

mg/L

0.05

 

Barium

mg/L

2.0

 

Beryllium

mg/L

0.004

 

Boron

mg/L

2.0

 

Cadmium

mg/L

0.005

 

Chloride

mg/L

200.0

 

Chromium

mg/L

0.1

 

Cobalt

mg/L

1.0

 

Copper

mg/L

0.65

 

Cyanide

mg/L

0.2

 

Fluoride

mg/L

4.0

 

Iron

mg/L

5.0

 

Lead

mg/L

0.0075

 

MaganeseManganese

mg/L

0.15

 

Mercury

mg/L

0.002

 

Nickel

mg/L

0.1

 

Nitrate as N

mg/L

10.0

 

Radium-226

pCi/l

20.0

 

Radium-228

pCi/l

20.0

 

Selenium

mg/L

0.05

 

Silver

mg/L

0.05

 

Sulfate

mg/L

400.0

 

Thallium

mg/L

0.002

 

Total Dissolved

   
 

Solids (TDS)

mg/L

1,200

 

Zinc

mg/L

5.0

 

 
b) Organic Chemical Constituents
Except due to natural causes or as provided in Section 620.450 or subsection (c), concentrations of the following organic chemical constituents shall not be exceeded in Class I groundwater:
 

Constituent

Standard (mg/L)

     
 

Alachlor*

0.002

 

Aldicarb

0.003

 

Atrazine

0.003

 

Benzene*

0.005

 

Benzo(a)pyrene*

0.0002

 

Carbofuran

0.04

 

Carbon Tetrachloride*

0.005

 

Chlordane*

0.002

 

Dalapon

0.2

 

Dichloromethane*

0.005

 

Di(2-ethylhexyl)phthalate*

0.006

 

Dinoseb

0.007

 

Endothall

0.1

 

Endrin

0.002

 

Ethylene Dibromide*

0.00005

 

Heptachlor*

0.0004

 

Heptachlor Epoxide*

0.0002

 

Hexachlorocyclopentadiene

0.05

 

Lindane (Gamma-Hexachlorocyclohexane)

0.0002

 

2,4-D

0.07

 

ortho-Dichlorobenzene

0.6

 

para-Dichlorobenzene

0.075

 

1,2-Dibromo-3-Chloropropane*

0.0002

 

1,2-Dichloroethane*

0.005

 

1,1-Dichloroethylene

0.007

 

cis-1,2-Dichloroethylene

0.07

 

trans-1,2-Dichloroethylene

0.1

 

1,2-Dichloropropane*

0.005

 

Ethylbenzene

0.7

 

Methoxychlor

0.04

 

Methyl Tertiary-Butyl Ether

0.07

 

Monochlorobenzene

0.1

 

Pentachlorophenol*

0.001

 

Phenols

0.1

 

Picloram

0.5

 

Polychlorinated Biphenyls(PCB'sPCBs)(as decachloro- biphenyl)*

0.0005

 

Simazine

0.004

 

Styrene

0.1

 

2,4,5-TP (Silvex)

0.05

 

Tetrachloroethylene*

0.005

 

Toluene

1.0

 

Toxaphene*

0.003

 

1,1,1-Trichloroethane

0.2

 

1,1,2-Trichloroethane

0.005

 

1,2,4-Trichlorobenzene

0.07

 

Trichloroethylene*

0.005

 

Vinyl Chloride*

0.002

 

Xylenes

10.0

     
 

*Denotes a carcinogen.  

  

 

 
c) Complex Organic Chemical Mixtures
Concentrations of the following chemical constitutentsconstituents of gasoline, diesel fuel, or heating fuel must not be exceeded in Class I groundwater:
 

Constituent

Standard (mg/L)

     
 

Benzene*

0.005

 

BETX

11.705

     
 

*Denotes a carcinogen.  

  

 

  
d) pH
Except due to natural causes, a pH range of 6.5 - 9.0 units must not be exceeded in Class I groundwater.
e) Beta Particle and Photon Radioactivity
   
1) Except due to natural causes, the average annual concentration of beta particle and photon radioactivity from man-made radionuclides shall not exceed a dose equivalent to the total body organ greater than 4 mrem/year in Class I groundwater. If two or more radionuclides are present, the sum of their dose equivalent to the total body, or to any internal organ shall not exceed 4 mrem/year in Class I groundwater except due to natural causes.
2) Except for the radionuclides listed in subsection (e)(3), the concentration of man-made radionuclides causing 4 mrem total body or organ dose equivalent must be calculated on the basis of a 2 liter per day drinking water intake using the 168-hour data in accordance with the procedure set forth in NCRP Report Number 22, incorporated by reference at in Section 620.125(a).
3) Except due to natural causes, the average annual concentration assumed to produce a total body or organ dose of 4 mrem/year of the following chemical constituents shall not be exceeded in Class I groundwater:
   

Critical

Standard

 

Constituent

Organ

(Pci/lpCi/L)

       
 

Tritium

Total body

20,000.0

 

Strontium-90

Bone marrow

8.0

 

(Source: Amended at 26 Ill. Reg. _____, effective _______________)

 


 
Section 620.420 Groundwater Quality Standards for Class II: General Resource Groundwater
 
a) Inorganic Chemical Constituents
 
1) Except due to natural causes or as provided in Section 620.450 or subsection (a)(3) or (d) of this Section, concentrations of the following chemical constituents must not be exceeded in Class II groundwater:
 

Constituent

Standard

(mg/L)

     
 

Antimony

0.024

 

Arsenic

0.2

 

Barium

2.0

 

Beryllium

0.5

 

Cadmium

0.05

 

Chromium

1.0

 

Cobalt

1.0

 

Cyanide

0.6

 

Fluoride

4.0

 

Lead

0.1

 

Mercury

0.01

 

Nitrate as N

100.0

 

Thallium

0.02

 

 
2) Except as provided in Section 620.450 or subsection (a)(3) or (d) of this Section, concentrations of the following chemical constituents must not be exceeded in Class II groundwater:
 

Constituent

Standard

(mg/L)

     
 

Boron

2.0

 

Chloride

200.0

 

Copper

0.65

 

Iron

5.0

 

Manganese

10.0

 

Nickel

2.0

 

Selenium

0.05

 

Total Dissolved Solids

 
 

(TDS)

1,200.0

 

Sulfate

400.0

 

Zinc

10.0

 

 
3) The standard for any inorganic chemical constituent listed in subsection (a)(2) of this Section, for barium, or for pH does not apply to groundwater within fill material or within the upper 10 feet of parent material under such fill material on a site not within the rural property class for which:
  
A) Prior to November 25, 1991the effective date of this Part, surficial characteristics have been altered by the placement of such fill material so as to impact the concentration of the parameters listed in subsection (a)(3) of this Section, and any on-site groundwater monitoring of such parameters is available for review by the Agency.
B) On November 25, 1991the effective date of this Part, surficial characteristics are in the process of being altered by the placement of such fill material, thatwhich proceeds in a reasonably continuous manner to completion, so as to impact the concentration of the parameters listed in subsection (a)(3) of this Section, and any on-site groundwater monitoring of such parameters is available for review by the Agency.
 
4) For purposes of subsection (a)(3) of this Section, the term "fill material" means clean earthen materials, slag, ash, clean demolition debris, or other similar materials.
 
b) Organic Chemical Constituents
 
1) Except due to natural causes or as provided in Section 620.450 or subsection (b)(2) or (d) of this Section, concentrations of the following organic chemical constituents must not be exceeded in Class II groundwater:
 

Constituent

Standard

(mg/L)

     
 

Alachlor*

0.010

 

Aldicarb

0.015

 

Atrazine

0.015

 

Benzene*

0.025

 

Benzo(a)pyrene*

0.002

 

Carbofuran

0.2

 

Carbon Tetrachloride*

0.025

 

Chlordane*

0.01

 

Dalapon

2.0

 

Dichloromethane*

0.05

 

Di(2-ethylhexyl)phthalate*

0.06

 

Dinoseb

0.07

 

Endothall

0.1

 

Endrin

0.01

 

Ethylene Dibromide*

0.0005

 

Heptachlor*

0.002

 

Heptachlor Epoxide*

0.001

 

Hexachlorocyclopentadiene

0.5

 

Lindane (Gamma-Hexachloro

 
 

cyclohexane)

0.001

 

2,4-D

0.35

 

Ortho-Dichlorobenze

1.5

 

Para-Dichlorobenzene

0.375

 

1,2-Dibromo-3-Chloropropane*

0.002

 

1,2-Dichloroethane*

0.025

 

1,1-Dichloroethylene

0.035

 

cis-1,2-Dichloroethylene

0.2

 

Trans-1,2-Dichloroethylene

0.5

 

1,2-Dichloropropane*

0.025

 

Ethylbenzene

1.0

 

Methoxychlor

0.2

 

Methyl Tertiary-Butyl Ether (MTBE)

0.07

 

Monochlorobenzene

0.5

 

Pentachlorophenol*

0.005

 

Phenols

0.1

 

Picloram

5.0

 

Polychlorinated Biphenyls (PCB'sPCBs)

 
 

(as decachloro-biphenyl)*

0.0025

 

Simazine

0.04

 

Styrene

0.5

 

2,4,5-TP

0.25

 

Tetrachloroethylene*

0.025

 

Toluene

2.5

 

Toxaphene*

0.015

 

1,1,1-Trichloroethane

1.0

 

1,2,4-Trichlorobenzene

0.7

 

1,1,2-Trichloroethane

0.05

 

Trichloroethylene*

0.025

 

Vinyl Chloride*

0.01

 

Xylenes

10.0

     
 

*Denotes a carcinogen.  

  

 

 
2) The standards for pesticide chemical constituents listed in subsection (b)(1) of this Section do not apply to groundwater within 10 feet of the land surface, provided that the concentrations of such constituents result from the application of pesticides in a manner consistent with the requirements of the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C.USC 136 et seq.) and the Illinois Pesticide Act [415 ILCS 60].
c) Complex Organic Chemical Mixtures

Concentrations of the following organic chemical constituents of gasoline, diesel fuel, or heating fuel must not be exceeded in Class II groundwater:

 

 

Constituent

Standard
(mg/L)

     
 

Benzene*

0.025

 

BETX

13.525

     
 

*Denotes a carcinogen.  

  

 

 
d) pH
Except due to natural causes, a pH range of 6.5 - 9.0 units must not be exceeded in Class II groundwater that is within 5 feet of the land surface.

(Source: Amended at 26 Ill. Reg. _____, effective _______________)

 


SUBPART E: GROUNDWATER MONITORING AND ANALYTICAL PROCEDURES

       
Section 620.505 Compliance Determination
a) Compliance with standards at a site is to be determined as follows:
1) For a structure (e.g., buildings), at the closest practical distance beyond the outermost edge for the structure.
2) For groundwater that underlies a potential primary or secondary source, the outermost edge as specified in Section 620.240(e)(1).
3) For groundwater that underlies a coal mine refuse disposal area, a coal combustion waste disposal area, or an impoundment that contains sludge, slurry, or precipitated process material at a coal preparation plant, the outermost edge as specified in Section 620.240(f)(1) or location of monitoring wells in existence as of the effective date of this Part on a permitted site.
4) For a groundwater management zone, as specified in a corrective action process.
5) For groundwater Aat any point, where at which groundwater monitoring is conducted using a any water well, or a monitoring well that meets one of the following conditions:
 
A) For a potable water supply well if geologic log(s) exist for this well or geologic logs in the immediate 1,000-foot area of this well are representative of the hydrogeologic materials encountered by this well as determined by a licensed professional geologist or a registeredlicensed professional engineer.; or
 
B)A) For a potable water supply well other than a community water supply well, a construction report has been filed with the Department of Public Health for such potable well, or such well has been located and constructed (or reconstructed) to meet the Illinois Water Well Construction Code [415 ILCS 30] and 77 Ill. Adm. Code 920.,
 
C) For a potable water supply well that was constructed prior to August 20, 1965, the enactment of the Illinois Water Well Construction Code [415 ILCS 30/1], and meets all of the following criteria:
  
i) Construction must be done in a manner that will enable the collection of groundwater samples that represent in situ groundwater conditions;
ii) Casings and screens must be made from durable material resistant to expected chemical or physical degradation that do not interfere with the quality of groundwater samples being collected; and
 
iii) The annular space opposite the screened section of the well (i.e., the space between the bore hole and well screen) must be filled with gravel or sand if necessary to collect groundwater samples. The annular space above and below the well screen must be sealed to prevent migration of water from adjacent formations and the surface to the sampled depth.
 
D)B) For a community water supply well, such well has been permitted by the Agency, or has been constructed in accordance with 35 Ill. Adm. Code 602.115.
 
E)C) For a water well other than a potable water supply well (e.g., a livestock watering well or an irrigation well), a construction report has been filed with the Department of Public Health or the Departmentthe Office of Mines and Minerals in the Department of Natural Resources for such well, or such well has been located and constructed (or reconstructed) to meet the Illinois Water Well Construction Code [415 ILCS 30] and 35 Ill. Adm. Code 920.
 
F)D) For a monitoring well, such well meets the following requirements:
   
i) Construction must be done in a manner that will enable the collection of groundwater samples;
ii) Casings and screens must be made from durable material resistant to expected chemical or physical degradation that do not interfere with the quality of groundwater samples being collected; and
iii) The annular space opposite the screened section of the well (i.e., the space between the bore hole and well screen) must be filled with gravel or sand if necessary to collect groundwater samples. The annular space above and below the well screen must be sealed to prevent migration of water from adjacent formations and the surface to the sampled depth.
6) For groundwater at any potable water supply well listed, monitoring Monitoring shall not be conducted for compliance determinations pursuant to subsection a) of this Section:
 
A) For a water well:


 
i) Less than 15 feet in total depth from the land surface, and 
 
ii) bored or dug, and
  
iii) constructed of permeable materials (e.g., cement, tile, stone or brick), and
iv) 36 inches or more in diameter.
 
B) For a water well with water quality problems due to damaged well construction materials or poorly-designed well construction;
 
C) For a water well in a basement or pit; or
 
D) For a water well water from a holding tank.
 
b) For a spring, compliance with this Subpart shall be determined at the point of emergence.

(Source: Amended at 26 Ill. Reg. ____, effective _____________)

 

 This opinion constitutes the Board’s findings of fact and conclusions of law in this matter.

 

 IT IS SO ORDERED.

 

 I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board adopted the above opinion and order on January 24, 2002, by a vote of 7-0.

 

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board

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