ILLINOIS POLLUTION CONTROL BOARD
    October 16, 1992
    IN THE MATTER OF:
    )
    )
    AMENDMENTS TO 35 ILL. ADM. CODE
    )
    R92-20
    615 AND 616 (GROUNDWATER); EXCEPTIONS
    )
    (Rulemaking)
    FOR PESTICIDE AND FERTILIZER FACILITIES
    )
    Proposed Rule.
    First Notice.
    OPINION AND ORDER OF THE BOARD (by R.C. Flemal):
    On September 15, 1992, Governor Edgar signed Senate Bill
    1750 (Public Act 87-1108) into law. This act amends the Illinois
    Environmental Protection Act to provide an alternative
    groundwater protection program for certain agrichemical
    facilities currently subject to 35 Ill. Adm. Code 615 and 616.
    The purpose of the instant rulemaking is to conform the Part 615
    and 616 regulations with P.A. 87-1108.
    The current Part 615 and 616 rules regulate new and existing
    agrichemical facilities that are located within setback zones of
    potable water wells, with an effective compliance date of January
    1, 1993. Under the provisions of PA 87—1108 facilities may elect
    to opt out of the Part 615 and 616 program and instead
    participate in an alternative groundwater protection program to
    be administered by the Illinois Department of Agriculture.
    The Illinois Environmental Protection Agency (Agency) has
    ~electednot to act as proponent in this matter, and so notified
    the Board of this intent by letter to the Board dated October 14,
    1992’. The Agency does, however, by the same letter recommend
    language that it believes would provide the necessary Part 615
    and 616 amendments. No other proponent has stepped forward.
    Because the January 1, 1993 compliance date is now imminent,
    there is need for this matter to proceed expeditiously.
    Accordingly, the Board today offers the Agency’s recommendation
    for first notice, but without making substantive evaluation of
    the merits of the recommendation.
    Pursuant to requirements of the Illinois Environmental
    Protection Act, the Board will conduct two state—wide hearings on
    this matter. The hearing officer is hereby directed to schedule
    The Board today enters this letter into the record as Exhibit
    1.
    0136-076 1

    —2—
    these hearings at the earliest practicable date consistent with
    requirements for public notice.
    Written public comment also is invited. The public comment
    period will remain open to a date following the second of the
    hearings, the date to be specified by the hearing officer.
    Finally, the Board notes that the rule-promulgation steps
    under the Illinois Administrative Procedure Act do not provide
    for the possibility that today’s proposed amendments can be
    effective by January 1, 1993. Accordingly, interested persons
    are requested to consider what action, if any, might be
    appropriate to bridge the period between January 1, 1993 and some
    subsequent effective date. Among vehicles which have conceivable
    utility are emergency rulemaking, variance (single or group;
    regular or provisional), or a stay of effectiveness of the
    January 1, 1993 date.
    ORDER
    The Board hereby offers for first notice the following
    amendments to 35 Ill. Adm. Code, Subtitle F: Public Water
    Supplies, Chapter I, Pollution Control Board, Parts 615 and 616.
    The Clerk of the Board is directed to file these proposed rules
    with the Secretary of State.
    TITLE 35: ENVIRONMENTAL PROTECTION
    SUBTITLE F: PUBLIC WATER SUPPLIES
    CHAPTER I: POLLUTION CONTROL BOARD
    PART
    615
    EXISTING ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
    SUBPART A: GENERAL
    Section 615.105
    General Exceptions
    a) This Part does not apply to any facility or unit, or to the
    owner or operator of any facility or unit:
    1) For which the owner or operator obtains certification
    of minimal hazard pursuant to Section 14.5 of the Act;
    or
    2) For which alternate requirements are imposed in an
    adjusted standard proceeding or as part of a site—
    specific rulemaking, pursuant to Title VII of the Act;
    or
    3) For which alternate requirements are imposed in a
    regulated recharge area proceeding pursuant to Section
    17.4 of the Act; or
    0136-0762

    —3—
    4) That is LOCATED ON THE SANE SITE AS A NON-COMMUNITY
    WATER SYSTEM WELL AND FOR WHICH THE OWNER IS THE SAME
    FOR BOTH THE facility or unit AND THE WELL. (Section
    14.4(b) of the Act); or
    5) That is located WITHIN A REGULATED RECHARGE AREA AS
    DELINEATED in 35 Ill. Adm. Code 617, PROVIDED THAT:
    A)
    THE
    BOUNDARY
    OF THE LATERAL AREA
    OF INFLUENCE OF A
    COMMUNITY WATER SUPPLY WELL LOCATED WITHIN
    THE
    REGULATED RECHARGE AREA does not INCLUDE SUCH
    facility or unit THEREIN;
    B) THE DISTANCE FROM THE WELLHEAD OF THE COMMUNITY
    WATER SUPPLY TO THE facility or unit EXCEEDS 2500
    FEET; AND
    C) THE COMMUNITY WATER SUPPLY WELL WAS not IN
    EXISTENCE PRIOR TO JANUARY 1, 1988.
    (Section 14.4(b) of the Act).
    ~j. For which the owner or operator of the facility for
    storage and related handling of pesticides or
    fertilizers for the purpose of commercial apDlication
    or at a central location for the purpose of
    distribution to retail sales outlets that has filed a
    written notice of intent or a certification of intent
    pursuant to Section 14.6 of the Act WITH THE DEPARTMENT
    OF AGRICULTURE BY JANUARY l~. 1993. OR WITHIN 6 MONTHS
    AFTER THE DATE ON WHICH A MAXIMUM SETBACK ZONE IS
    ESTABLISHED OR A REGULATED
    RECHARGE AREA REGULATION IS
    ADOPTED
    THAT AFFECTS SUCH A FACILITY (Section 14.6(a)
    of the Act).
    This exce~tjpn shall not ai,plv to those
    facilities that are not in compliance with the pro~ram
    requirements of subsections 14.6(b) and 14.6(c) of the
    Act.
    b) Nothing in this Section shall limit the authority of the
    Board to impose requirements on any facility or unit within
    any portion of any setback zone or regulated recharge area
    pursuant to the Act.
    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 616.105
    General Exceptions
    Q~i36-Q763

    —4—
    a) This Part does not apply to any facility or unit, or to the
    owner or operator of any facility or unit, for which:
    1) The owner or operator obtains certification of minimal
    hazard pursuant to Section 14.5 of the Act; or
    2) Alternate requirements are imposed in an adjusted
    standard proceeding or in a site—specific rulemaking,
    pursuant to Title VII of the Act; or
    3) Alternate requirements are imposed in a regulated
    recharge area proceeding pursuant to Section 17.4 of
    the Act.
    j)- The owner or operator of the facility for storac~eand
    related handling of pesticides or fertilizers for the
    purpose of commercial anplication or at a central
    location for the purpose of distribution to retail
    sales outlets that has filed a written notice of intent
    or a certification of intent pursuant to Section 14.6
    of the Act WITH THE DEPARTMENT OF AGRICULTURE BY
    JANUARY 1. 1993. OR WITHIN 6 MONTHS AFTER THE DATE ON
    WHICH A
    MAXIMUM
    SETBACK ZONE IS ESTABLISHED OR A
    REGULATED RECHARGE AREA REGULATION IS ADOPTED
    THAT
    AFFECTS
    SUCH A FACILITY (Section 14
    6(a) of the Act).
    This exception shall not a~~lvto those facilities that
    are not in compliance with the proaram requirements of
    subsections 14.6(b) and 14.6(c) of the Act.
    b) Nothing in this Section shall limit the authority of the
    Board to impose requirements on any facility or unit within
    any portion of any setback zone or regulated recharge area
    in any adjusted standard proceeding, site—specific
    rulemaking or a regulatory proceeding establishing the
    regulated recharge area.
    IT IS SO ORDERED.
    I, Dorothy N. Gunn, Clerk of the Illinois
    Pollution Control
    Board, hereby certify that the above o ii~j~nandorder was
    adopted on the /(~~T~day of
    ____________________,
    1992, by
    a vote of
    7—c
    ~
    ~L.
    Dorothy N. G~nn, Clerk
    Illinois Poji~Iution Control Board
    0136~07614

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