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

 Found at 35

 Ill. Adm. Code Part 620.

 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.

 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

THE

PORE

SPACE

EQUAL

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)

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

n~itur-,1

0135-0099

—8—

TITLE

35:

ENVIRONMENTAL

PROTECTION

SUBTITLE

PUBLIC

WATER

SUPPLIES

CHAPTER

POLLUTION

CONTROL

BOARD

PART

616

NEW

ACTIVITIES

SETBACK

ZONE

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)

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

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:

 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

present

potential

source

water

for

public

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

subsection

(b)

(6)

(C)

and

the

following

applies

the

additional

area:

Ill.

Adm.

Code

303.203

302.Subparts

and

except

due

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

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

the

day

 _____________________,

 1992,

by

vote

—p

‘

~i.

/LJ

Dorothy N. ,G~I’nn, Clerk

Illinois Po~tlutionControl Board

0135-0 lOG