ILLINOIS POLLUTION CONTROL
BOARD
July 9, 1992
IN THE MATTER OF:
)
)
GROUNDWATER QUALITY STANDARDS:
)
R89-14(C)
AMENDMENTS TO 35 ILL. ADM. CODE
)
(Rulemaking)
303,
616,
AND
620
)
Proi:osed Rule
Second Notice
OPINION
AND
ORDER OF THE
BOARD
(by R.C.
Flema.):
In this docket the Board
is considering certain amendments
necessary to complete rulemaking on groundwater quality
standards.
The primary rulemaking,
in which the groundwater
quality standards1 were established, was completed in November
1991 within docket R89—14(B)2.
The instant docket considers the remaining matter of how to
address the connection between the new Part 620 groundwater
quality regulations and the previously existing general water
quality standards of Subtitle C3.
In particular,
the principal
issue for decision is whether:
(a)
All underground waters should be severed from sOme
or part of their association
with Subtitle C; or
(b)
Only groundwaters should be severed from their
association with Subtitle C.
Among active participants and conunenters in this proceeding,
the Illinois Environmental Protection Agency (Agency),
the
Illinois Department of Mines and Minerals (Mines and Minerals),
and the Illinois Steel Group have expressed support for
1
Found at 35
Ill. Adm. Code Part 620.
2
In the Matter
of:
Groundwater
quality
Standards
(35
Ill.
Mm.
Code 620),
R89—14(B),
November
7,
1991;
15
Ill.
Reg.
17614
(December
6,
1991), effective November
25, 1991.
~ Subtitle
C
consists
of
several,
parts,
of which
Part
302
(Water Quality Sta.idards) and Part 303
(Water Use Designations and
Site Specific Water Quality Standards)
are pertinent to the instant
natter.
Part. 302
is divided into
subpartsi
of which
Subpart A
(General Water Quality Provisions),
Subpart B
(General.Use Water
~ualj.tyStandards), and Subpart C (Public and Food Processing Water
3upply Standards)
are the ~ertin~nI-
~ii1-~r~.
—2—
alternative
(a)4.
The McHenry County Defenders, Citizens for a
Better Environment,
and the Illinois Chapter of the Sierra Club
(collectively as “Defenders”) have.expressed support for
alternative
(b)5.
A subsidiary matter that the Board also today addresses
is
an amendment to Part 616 at Section 616.104 necessary to correct
a typographical error
in that section (see following discussion).
Today the Board adopts. for second notice the amendments as
proposed’ at first notice on April 23,
19926.
BACKGROUND
Prior to adoption of 35 Ill.
Adm. Code: Part 620, certain
groundwaters were subject to the water quality standards found
in
35 Ill.
Adin.
Code: Subtitle
C.
This connection occurs in
Subtitle C at Section 303.203.
This section currently reads as
follows:
Section 303.203
Underground Waters
The underground waters of Illinois which are a present
or a potential source of water for public or food
processing supply shall meet the general use and public
and food processing water supply standards of Subparts
B and C, Part 302, except due to natural causes.
The matter of amending Section 303.203 has been one of the
issues addressed in the general groundwater rulemaking
proceedings from the very beginning7.
However,
it was not until
the larger matters surrounding groundwater standards were decided
in Docket B that much focus has come to the Section 303.203
matter.
It is generally agreed that to allow Section 303.203 to
exist unaltered is to allow for conflict and confusion.
The
‘~
See Public
Comments #67
and
#75
(Agency),
#70
(Mines and
Minerals),
#69
and
#74
(Illinois
Steel
Group),
and
#71
(joint
comment of Agency, Mines and Minerals, and Illinois Steel Group).
~ See Public Comment #76.
6
In the Matter
of:
Groundwater quality Standards
(35 Iii.
Adin. Code 303,
616, and 620), R89—14(C), April 23,
1992; Notice of
withdrawal
published at
16
Ill.
Reg.
7511
(May
8,
1992);
First
Notice publication of amendments for Parts 303,
616, and 620 at 16
Ill. Reg.
7302,’ 7295,
and 7286, respectively,
(May 8,
1992).
~‘
An expanded history of this issue is given in the April 23,
1992 first not.ice opinion (see reference at footnote Ibid).
01 35-009i
—3—
question is how to eliminate this circumstanc
and in particular
how to address underground waters that are nc. groundwaters.
It is to be first understood that not all underground waters
are groundwaters.
“Underground water” is defined in the Illinois
Groundwater Protection Act
(IGPA)8:
“UNDERGROUND WATER” MEANS ALL WATER BENEATH
THE
LAND
SURFACE.
(Ill. Rev. Stat.
1991,
ch.
lii 1/2, par.
7453(k).)
“Groundwater” is defined in both the Illinois Environmental
Protection Act
(Act)
and the IGPA:
“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
ATMOSPHERICPRESSURE.
(Ill.
Rev.
Stat.
1991,
ch.
111 1/2, par. 1003.64 and par. 7453(g).)
Pursuant to these definitions, “groundwater”
is a subset of
“underground waters”..
Among other matters,
it is that subset
that occurs within the saturated zone.
jLQ~included within
groundwater are ur~dergroundwaters that occur in unsaturated
portions of the subsurface,
such as within the aerated portions
of the soil.
This would also include water normally found in the
root zone of crops,
since the roots of most crops do not
propagate into the saturated zone.
The solution that the Board proposed at first notice,
and
that it today adopts ‘for second notice,
is to replace existing
Section 303.203 with the following:
Section 303.203
Underground Waters
35 Ill. Adm. Code 302.Subparts B and C do not apply to
underground waters, except as provided at 35
Ill. Adm.
Code 620.450(b).
The effect is to remove the applicability of the General Use
Water Quality Standards
(Subpart B) and the Public and Food
Processing Water Supply Standards (Subpart C) from
~
underground waters.
Importantly, Subpart A, which includes the
~ A similar,
and earlier definition occurs in the Boards rules
and regulations in the introduction to Subtitle C:
Underground Waters: ‘Any waters
of
the
State
located beneath the surface of the earth.
(35
Ill.
Adin.
Code 301.420.)
0135-0095
—4—
nondegradation provision at Section 302.105, would continue to
apply to all underground waters.
As also noted at first notice,
it is additionally necessary
that the form of the reference to the Subtitle C standards at
Section 620.450(b)
be amended to cite directly to the applicable
parts rather than to the applicability section,
303.203.
This
is
accomplished as detailed in the attached order.
DISCUSSION
The principal reason why there are now groundwater standards
different from the General Use and Public and Food Processing
Water Supply Standards of Subtitle C is that the latter standards
are not fully relevant to groundwater.
This Board has observed
at length that groundwaters differ in important regards from
surface waters,
and that standards based on surface water
considerations
(as are the Subtitle C standards)
often have no
basis in groundwater considerations9.
For example, toxicity to
aquatic organisms is the factor that most often controls the
General Use Standards10
toxicity to aquatic organisms is not a
relevant groundwater matter.
The necessary distinction between surface water and
groundwater is further recognized in the mandate of the IGPA that
water quality standards specific to groundwater be developed.
In
particular,
the. legislature has declared:
the Board shall promulgate the water quality
standards for groundwater.
In promulgating these
regulations, the Board shall
...
consider the
following:
~ See,
for example,
In the Matter of:
A Plan
for Protecting’
Illinois
Groundwater
R86-8
(August
28,
1986).
This
a
report
prepared by the Board for the Illinois General Assembly pursuant to
P.A.
83-1268 and 13.1 of the Act.
Particularly pertinent sections
include: Groundwater versus Underground Water Protection
(p.
1,11—1
to 111—2), Dissimilarities between Surface Waters and Groundwaters
(p. 111-2 to 111-6), Existing Standards for Groundwater Protection
(p.
IV—1 to. IV—6),
Rationale- for Water Quality Standards
(p.
IV-6
to IV—7), Recommendations for Groundwater Standards
(p. IV—7 to IV—
18)
10
It
should
be
noted
that
during
the
pendency
of
the
groundwater rulemakings, the Subtitle C standards were amended to
place even greater emphasis on toxicity to aquatic organisms than
had previously been the case.
See In the Matter of: Amendments to
Title
35,
Subtitle
C
(Toxics Control)
R88-2l
(January 25,
1990),
final opinion and order.
0135-0096
—5—
1.
recognition that groundwaters differ
in many
important respects from surface waters,
including water quality, rate of movement,
direction of flow, accessibility,’
susceptibility to pollution,
and use
(Ill.
Rev.
Stat.
1991,
ch 111½,
par. 7458)
Although much of what has been said on this topic both in
this proceeding and earlier has focused solely on groundwater,
almost all’ is also pertinent to the broader matter of underground
water.
In particular, there is little in the General Use and
Public and Food Processing Water Supply Quality Standards that
seems to be germane to underground waters.
The prohibition
against offensive conditions of sludge, bottom deposits’,
floating
debris, algal growth,
etc.
of Section 302.203
is not germane; the
aquatic toxicity standards of Sections 302.208 and 302.210 are
not germane; the reversor and lake phosphorus standard of Section
302.205
is not germane; the fecal coliform standards of Sections
302.208 and 302.306 and the river temperature limitations of
Section 302.211 are not germane; the algicide permits of Section
302.302 and the finished water standards of Section 302.303 are
not germane.
The pH and dissolved oxygen standards of Sections
302.204 and 302.206 are,
at best, of questionable relevance.
Some of the ‘Subtitle C standards,
if applied to underground
waters, would have fully unacceptable consequences.
For example,
Section
302’. 212 restricts ammonia concentrations to the low
levels necessary to protect sensitive aquatic life in surface
waters.
These levels are far below those that result in the
unsaturated zone due to application of ammonia fertilizers.
Thus,
application of the Section 302.212 ammonia limitations to
underground waters in the unsaturated zone would be tantamount to
a prohibition against application of ammonia fertilizer!
In sum, the Board cart see no rationale for continuing the
applicability of the General Use or Public and Food Processing
Water Supply Quality Standards to underground waters in general.
These standards were originally designed to protect surface
waters.
Moreover, they have evolved even more strongly in
support of this sole mission as the result of recent rulemakings.
A general severance is now warranted.
The Board notes that the Defenders object to this course of
action.
(PC #76.)
Among the Defenders’ observations
is that the
IGPA mandate directs the Board to address groundwater standards,
not underground water standards.
From this point the implication
is left that the Board
lacks authority for today’s action.
‘The
Board disagrees.
The Board has authority to generally amend
its.
regulations pursuant to Title VII of the Act.
0135-0097
—6—
Additionally, the Board notes that the Defenders contest the
allegation of the Agency,, Mines and Minerals, and the Steel Group
that Part 620 regulations were “intended to replace the existing
water quality standards
‘with respect to the saturated
unsaturated zones of underground waters”.
(PC #76 at
3 quoting
PC #71 at 1-2; emphasis added.)
The Board agrees with the
Defenders to the extent that it finds no support for the
contention that the Part 620 regulations are or were intended to
have application to underground waters within the unsaturated
zone;’ the record is indeed replete with pleadings and explicit
Board findings to the contrary.
CORRECTIONS
The Board notes that the Joint Committee on Administrative
Rules alerted it to a typographical error in Section 616.104(b).
The error consists of a phrase inadvertently dropped from the
subsection.
The subsection quotes statutory language.
The Board
proposes to correct this oversight in this docket so as to make
the correction as expeditiously as possible.
The Board notes that the Agency suggests corrections of two
typographical errors it has found within Sections 620.210 and
620.410.
(PC #75 at 2-4.)
Unfortunately, the Board cannot
reopen these sections without publishing the changes for first
notice in the Illinois Register,
an action which would cause
delay in this proceeding.
The Agency is requested to repropose
these amendments in a new docket as soon as it finds it
practicable.
ORDER
The Board hereby directs that second notice of the following
proposed amendments be submitted to the Joint Committee on
Administrative Rules.
TITLE 35:
ENVIRONMENTAL PROTECTION
SUBTITLE C:
WAT,ER POLLUTION
CHAPTER
I:
POLLUTION CONTROL
BOARD
PART 303
WATER USE DESIGNATIONS AND SITE SPECIFIC
WATER QUALITY STANDARDS
SUBPART B:
NONSPECIFIC WATER USE DESIGNATIONS
Section 303.203
Underground Waters
35
Ill. Adm. Code 302.Subparts B and C do not apply to
underground waters, except as provided at 35
Ill. Adm. Code
620.450(b)Thc underground wator~of Illinoic which arc a prcc3ent
0135-0098
—7—
or a potcntial source of watcr for public or food processing
supply shall meet thc gcncral usc and public and food processing
water supply standards of Subparts B and C,
Part 302, cxccpt due
tn
n~itur-,1
~
0135-0099
—8—
TITLE
35:
ENVIRONMENTAL
PROTECTION
SUBTITLE
F:
PUBLIC
WATER
SUPPLIES
CHAPTER
I:
POLLUTION
CONTROL
BOARD
PART
616
NEW
ACTIVITIES
IN
A
SETBACK
ZONE
OR
REGULATED
RECHARGE
AREA
SUBPART A:
GENERAL
Section 616.104
Exceptions to Prohibitions
a)
THE OWNER OF A NEW POTENTIAL PRIMARY SOURCE OR A POTENTIAL
SECONDARY SOURCE
MAY
SECURE A WAIVER FROM THE prohibitions
specified in Sections 616.402(a),
616.422(a),
616.442,
616.462(a),
616.602,
616.622,
616.702 or 616.722(a)
against
‘construction or operation within the setback zone FOR A
POTABLE WATER SUPPLY WELL OTHER THAN A COMMUNITY WATER
SUPPLY.
A WRITTEN REQUEST FOR A WAIVER SHALL BE MADE TO THE
OWNER OF THE WATER WELL AND THE AGENCY.
SUCH REQUEST SHALL
IDENTIFY THE NEW OR PROPOSED POTENTIAL SOURCE,
SHALL
GENERALLY DESCRIBE THE POSSIBLE EFFECT OF SUCH POTENTIAL
SOURCE UPON THE WATER WELL
AND ANY
APPLICABLE TECHNOLOGY-
BASED CONTROL WHICH WILL BE UTILIZED TO MINIMIZE THE
POTENTIAL FOR CONTAMINATION,
AND
SHALL STATE WHETHER,
AND
UNDER
WHAT
CONDITIONS, THE REQUESTOR WILL PROVIDE AN
ALTERNATIVE POTABLE WATER SUPPLY.
WAIVER MAYBE GRANTED BY
THE OWNER OF THE WATER WELL NO LESS THAN 90 DAYS AFTER
RECEIPT UNLESS PRIOR TO SUCH TIME THE AGENCY NOTIFIES THE
WELL OWNER THAT IT DOES NOT CONCUR WITH THE REQUEST.
(Section 14.2(b)
of the Act)
b)
,
TilE AGENCY SHALL NOT CONCUR WITH ANY” SUCH REQUEST WHICH
FAILS TO ACCURATELY DESCRIBE REASONABLY FORESEEABLE EFFECTS
OF THE POTENTIAL SOURCE OR POTENTIAL ROUTE UPON THE WATER
WELL OR ANY APPLICABLE TECHNOLOGY-BASED CONTROLS.
SUCH
NOTIFICATION BY THE AGENCY SHALL BE IN WRITING, AND SHALL
INCLUDE A STATEMENT OF REASONS FOR THE NONCONCURRENCE.
WAIVER OF THE MINIMUM SETBACK ZONE SHALL EXTINGUISH THE
WATER WELL OWNER’S RIGHTS UNDER SECTION 6b OF THE ILLINOIS
WATER WELL CONSTRUCTION CODE BUT SHALL NOT PRECLUDE
ENFORCEMENT OF ANY
LAW
REGARDING WATER POLLUTION.
IF THE
OWNER OF THE WATER WELL HAS NOT GRANTED A WAIVER WITHIN 120
DAYS AFTER RECEIPT OF THE REQUEST OR THE AGENCY’ HAS NOTIFIED
THE OWNER THAT IT DOES NOT CONCUR WITH THE REQUEST, THE
OWNER OF A POTENTIAL SOURCE
O1~
POTENTIAL ROUTE
MAY
FILE A
PETITION FOR AN EXCEPTION WITH THE BOARD AND THE AGENCY
PURSUANT TO subsection
(b) OF THIS SECTION.
(Section
14.2(b)
of the Act)
c)
NO WAIVER UNDER THIS SECTION IS REQUIRED WHERE THE POTABLE
WATER SUPPLY WELL IS PART OF A PRIVATE WATER SYSTEM AS
DEFINED
IN THE ILLINOIS GROUNDWATER PROTECTION ACT,
AND, THE
OWNER OF SUCH WELL WILL ALSO BE THE OWNER OF A NEW POTENTIAL
SECONDARY SOURCE OR A POTENTIAL ROUTE.
IN SUCH INSTANCES, A
PROHIBITION OF 75 FEET SHALL APPLY AND THE OWNER.SH’ALL
0135-0100
—9—
NOTIFY THE AGENCY OF THE INTENDED ACTION SO THAT THE AGENCY
MAY PROVIDE INFORMATION REGARDING THE POTENTIAL HAZARDS
ASSOCIATED WITH LOCATION OF A POTENTIAL SECONDARY SOURCE OR
POTENTIAL ROUTE IN CLOSE PROXIMITY TO A POTABLE WATER SUPPLY
WELL.
(Section 14.2(b) of the Act)
d)
THE BOARD MAY GRANT AN EXCEPTION FROM THE SETBACK
REQUIREMENTS OF THIS SECTION AND SECTION 14.3 TO THE OWNER
OF A NEW POTENTIAL PRIMARY SOURCE OTHER THAN LANDFILLING OR
LAND TREATING,
OR A NEW POTENTIAL SECONDARY SOURCE.
THE
‘OWNER SEEKING AN EXCEPTION WITH RESPECT TO A COMMUNITY WATER
SUPPLY WELL SHALL FILE A PETITION WITH THE BOARD AND THE
AGENCY.
THE OWNER SEEKING AN EXCEPTION WITH RESPECT TO: A
‘PpTABLE WATER SUPPLY WELL SHALL FILE A PETITION WITH THE
BOARD AND THE AGENCY, AND SET FORTH THEREIN
THE
CIRCUMSTANCES UNDER WHICH A WAIVER HAS
BEEN
SOUGHT
BUT
NOT
OBTAINED PURSUANT TO subsection
(a) OF THIS SECTION.
A.
PETITION SHALL BE ACCOMPANIED BY PROOF THAT THE OWNER OF
EACH POTABLE WATER SUPPLY WELL FOR WHICH SETBACK
REQUIREMENTS WOULD BE AFFECTED BY THE REQUESTED EXCEPTION
-
HAS BEEN NOTIFIED AND BEEN PROVIDED WITH A COPY OF THE
PETITION.
A PETITION SHALL SET FORTH SUCH FACTS AS MAY BE
REQUIRED TO SUPPORT AN EXCEPTION,
INCLUDING ~ GENERAL
DESCRIPTION OF THE POTENTIAL IMPACTS OF SUCH POTENTIAL
SOURCE OR POTENTIAL ROUTE UPON GROUNDWATERS AND THE AFFECTEL
WATER WELL, AND AN EXPLANATION OF THE APPLICABLE TECHNOLOGY—
BASED CONTROLS WHICH WILL BE UTILIZED TO MINIMIZE THE
POTENTIAL FOR CONTAMINATION OF THE POTABLE WATER SUPPLY
WELL.
(Section 14.2(c)
of the Act)
e)
THE
BOARD
SHALL
GRANT
AN EXCEPTION~ WHENEVER IT IS FOUND
UPON
PRESENTATION OF ADEQUATE PROOF, THAT COMPLIANCE WITH
THE SETBACK REQUIREMENTS OF THIS SECTION WOULD POSE AN
ARBITRARY AND UNREASONABLE HARDSHIP UPON THE PETITIONER,
THAT THE PETITIONER WILL UTILIZE THE BEST AVAILABLE
-
TECHNOLOGY CONTROLS ECONOMICALLY ACHIEVABLE TO MINIMIZE THE
LIKELIHOOD OF CONTAMINATION OF THE POTABLE WATER SUPPLY
WELL, THAT THE MAXIMUM FEASIBLE ALTERNATIVE SETBACK WILL ‘BE
UTILIZED, AND THAT THE LOCATION OF SUCH POTENTIAL SOURCE OR
POTENTIAL ROUTE WILL NOT CONSTITUTE A SIGNIFICANT HAZARD TO
THE POTABLE WATER SUPPLY WELL.
(Section 14.2(c)
of the Act)
f)
A DECISION MADE BY THE BOARD PURSUANT TO THIS’ SUBSECTION
SHALL CONSTITUTE A FINAL DETERMINATION.
(Section 14.2(c)
ol
the Act)
-
g)
THE GRANTING OF AN EXCEPTION BY THE BOARD SHALL NOT
EXTINGUISH THE WATER WELL OWNER’S RIGHTS UNDER SECTION 6b
01
THE ILLINOIS WATER WELL CONSTRUCTION CODE IN INSTANCES WHERI
THE OWNER HAS ELECTED NOT TO PROVIDE A WAIVER PURSUANT TO
subsection
(a)
OF THIS SECTION.
(Section 14.2(a)
of the
Act)
0135-0 lOt
—10-
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE
F’: PUBLIC WATER SUPPLIES
CHAPTER
I:
POLLUTION
CONTROL
BOARD
PART
620
GROUNDWATER QUALITY
Section 620.450
Alternative Groundwater Quality Standards
a)
Groundwater Quality Restoration Standards
1)
Any chemical constituent in groundwater within a
groundwater management zone is subject to this
Section.
2)
Except as provided in subsections
(a) (3)
or
(a) (4)
below, the standards as specified in Sections
620.410, 620.420, 620.430, and 620.440 apply to
any chemical constituent in groundwater within a
groundwater management
zone.
3)
Prior to completion of a corrective action
described in Section 620.250(a), the standards
as
specified in Sections 620.410, 620.420,
620.430,
and 620.440 are not applicable to such released
chemical constituent,
provided that the initiated
action proceeds in a timely and appropriate
manner.
4)
After completion of a corrective action as
described, in Section 62~.250(a), the standard for
such released chemical constituent is:
A)
The standard as set forth in Section 620.410,
620.420, 620.430,
or 620.440,
if the
concentration as determined by groundwater
monitoring of such constituent is less than
or equal to the standard for the appropriate
class set forth in those sections; or
B)
The concentration as determined by
groundwater monitoring,
if such concentration
exceeds the standard for the appropriate
class set forth in Section 620.410, 620.420,
620.430,
or 620.440 for such constituent,
and:
i)
To the extent practicable,
the
exceedence has been minimized and
beneficial
use.,
as appropriate for the
class of groundwater, has been returned;
and
0135-0102
—11—
ii)
Any threat to public health or the
environment has been
~nimized.
5)
The Agency shall develop and maintain a listing of
concentrations derived pursuant to subsection
(a) (4) (B)
above.
This list shall be made
available to the public and be updated
periodically, but no less frequently than
semi—annually.
This listing shall
be published in
the Environmental Register.
b)
Coal Reclamation Groundwater Quality Standards
1)
Any inorganic chemical constituent or pH in
groundwater, within an underground coal mine,, or
within the cumulative impact area of groundwater
for which the hydrologic balance has been
disturbed from a permitted coal mine area pursuant
to the Surface Coal Mining Land Conservation and
Reclamation Act (Ill.
Rev.
Stat.
1989,
ch.
96
1/2,
pars.
7901.1 et seq.,
as amended) and 62
Ill. Adm.
Code 1700 through 1850,
is subject to this
Section.
2)
Prior to completion of reclamation at a coal mine,
the standards as specified in Sections 620.410(a)
and
(d),
620.420(a)
and
(e),
620.430 and 620.440
are not applicable to inorganic constituents and
pH.
3)
After completion of reclamation at a coal mine,
the standards as specified in Sections 620.410(a)
and
(d),
620.420(a), 620.430, and 620.440 are
applicable to inorganic constituents and pH,
except:
A)
The concentration of total dissolved solids
(TDS)
must not exceed:
i)
The post—reclamation concentration or
3000 mg/L, whichever is less,
for
groundwater within the permitted area;
or
-
ii)
The post-reclamation concentration of
TDS must not exceed the post—reclamation
concentration or 5000 mg/L, whichever is
less,
for groundwater in underground
coal mines and in permitted areas
reclaimed after surface coal mining
if
the Illinois Department of Mines and
Minerals and the Agency have determined
that no significant resource groundwater
0135-0 103
—12—
existed prior to mining
(62
Ill. Adm.
Code 1780.21(f)
and
(g));
and
B)
For chloride,
iron,
manganese and sulfate,
the post—reclamation concentration within the
permitted area must not be exceeded.
C)
For pH, the post-reclamation concentration
within the permitted area must not be
exceeded within Class
I:
Potable Resource
Groundwater as specified in Section
620.210(a) (4)
4)
A refuse disposal area (not contained within the
area from which overburden has been removed)
is
subject to the inorganic chemical constituent and
pH requirements of:
A)
35 Ill. Adm. Code—303.203 302.Subparts B and
C,
except due to natural causes,
for such
area that was placed into operation after
February
1,
1983, and before the effective
date of this Part, provided that the
groundwater is a present or a potential
source of water for public or food
processing;
‘B)
Section 620.440(c)
for such area that was
placed into operation prior to February
1,
1983, and has remained in continuous
operation since that date;
or
C)
Subpart D of this
Part, for such area that is
placed into operation on or after the
effective date of this Part.
5)
For a refuse disposal area
(not contained within
the area from which overburden has been removed)
that was placed into operation prior to February
1,
1983, and
is modified after that date to
include additional area, this Section applies to
the area that meets the requirements of subsectior
(b) (4) (C)
and the following applies to the
additional area:
A)
35
Ill. Adm.
Code—3-0’3.203 302.Subparts B and
C,
except due to natural causes,
for such
additional’ refuse disposal area that was
placed into operation after February 1,
1983,
and before the effective date of this Part,
provided that the groundwater is a present or
a potential source’ of water
for public or
food
processing;
and
0J35-0l0L~
—13—
B)
Subpart D for such additional area that was
placed into operation on or after the
effective date of this Part.
6)
A coal preparation plant
(not located in an area
from which overburden has been removed) which~
contains slurry material,
sludge or other
precipitated process material,
is subject to the
inorganic chemical constituent and pH requirements
of:
‘A)
35
Ill. Adm. Code 303.203 302.Subparts B and
C.
except due to natural causes,
for such
plant that was placed into operation after
February
1,
1983,
and before the effective
date of this Part, provided that the
groundwater
is
a
present
or
a
potential
source
of
water
for
public
or
food
processing;
B)
Section 620.440(c)
for such plant that was
placed into operation prior to February
1,
1983,
md has remained in continuous
operation since that date;
or
C)
Subpart D for such plant that is placed into
operation on or after the effective date of
this
Part.
7)
For a coal preparation plant
(not located
in an
area from which overburden has been removed) which
contains slurry material,
sludge or other
precipitated
process
material,
that
was
placed
into operation prior to February
1,
1983,
and
is
modified after that date to include additional
area, this Section applies to the area that meets
the
requirements
of
subsection
(b)
(6)
(C)
and
the
following
applies
tO
the
additional
area:
A)
35
Ill.
Adm.
Code
303.203
302.Subparts
B
and
C,
except
due
to
natural
causes,
for such
additional area that was placed into
operation after February
1,
1983, and before
the effective date of this Part, provided
that the groundwater is a present or a
potential source of water for public or food
processing;
and
B)
Subpart D for such additional area that was
placed into operation on or -after the
effective
date
of
this
Part.
IT IS SO ORDERED.
01,35-0105
—14—
I,
Dorothy M.
Gunn, Clerk of the Illinois Pollution
Control
Board, hereby, certify that the above
inion and order was
adopted
on
the
~
day
of
_____________________,
1992,
by
a
vote
of
—p
.
‘
~
~i.
/LJ
Dorothy N. ,G~I’nn, Clerk
Illinois Po~tlutionControl Board
0135-0 lOG