ILLINOIS POLLUTION CONTROL BOARD
January 21, 1993
IN THE
MATTER
OF:
)
)
AMENDMENTS TO 35 ILL.
ADN.
CODE
)
R92-20
615
AND
616 (GROUNDWATER); EXCEPTIONS
)
(Rulemaking)
FOR PESTICIDE
AND
FERTILIZER FACILITIES
)
Adopted Rule.
Final Order.
OPINION
AND ORDER
OF THE
BOARD
(by R.C. Flemal):
Public Act 87—1108 (Senate Bill 1750) amends the Illinois
Environmental Protection Act at Section 14
•
6 (Ill. Rev. Stat.
1991, ch. 111½, par. 1014.6) to provide an alternative
groundwater protection program for certain agrichernical
facilities that otherwise would be subject to the Board
regulations found at 35 Ill. Adm. Code 615 and 616. The Part 615
and 616 rules, which had an effective compliance date of January
1, 1993, regulate new and existing agricheinical facilities that
are located within setback zones of potable water wells.
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
purpose of the instant rulemaking is to conform the Part 615 and
616 regulations with PA 87-1108. This is accomplished by
appending to Sections 615.105 and 616.106 the exception procedure
provided under PA 87—1108.
~Q~D~RA.L
HISTORY
On October 16, 1992 thr~Board proposed language for first
notice as recommended by th~Illinois Environmental Protection
Agency (Agency) in Exhibit 1. First notice publication occurred
at 16 Ill. Reg. 16465 and 16473, October 30, 1992. Due to the
imminence of the January 1, 1993 compliance date and the need for
the matter to proceed expeditiously, the Board offered the
Agency’s recommendation for first notice without making
substantive evaluation of the merits of the recommendation.
Rather, the Board set hearings on an expedited schedule.
Hearings were held on December 8, 1992 in Bloomington,
Illinois, and on December 10, 1992 in DeKalb, Illinois.
On December 17, 1992 the Board adopted a second notice
proposal, which was identical to the first notice proposal except
for a clarifying modification made at the recommendation of the
0138-08e.J
—2—
Agency (See Second Notice Opinion and Order). In addition, the
Board on December 17, 1992 stayed the applicability of Parts 615
and 616 to affected facilities pending completion of the instant
rulemaking. The stay will expire by its terms upon filing with
the Secretary of State of today’s order.
On January 12, 1993 the Joint Committee on Administrative
Rules
(JCAR)
issued a certificate of no objection to the instant
amendments. However, JCAR and the Board agreed that if it takes
action to stay
a regulatory
program
or to exempt any person from
a regulatory program, such
stay or exemption will be effectuated
through emergency or permanent rulemaking, and not solely through
an order of the Board.
MERITS
Hearing testimony was presented by the Illinois Fertilizer
and Chemical Association (IFCA), Growmark’, and the Illinois
Environmental Protection Agency (Agency). Each recommended that
the amendments be adopted. (Pr. at 5—8; Tr.2 at
72)
In
addition, during the first notice comment period the McHenry
County Defenders, Citizens for a Better Environment, and the
Illinois Chapter of the Sierra Club collectively (PC #4) plus the
Illinois Farm Bureau (PC 15) filed recommendations for adoption
of the amendments
IFCA and
Growmark
expect
that adoption of the amendments
would have an overall positive ecOnomic impact on the affected
facilities (Pr. at 7, 11.): Any economic benefit of these rules
may not be known until after the alternative programs rules are
developed. (Pr. at 7.)
ORDER
The Board directs the Clerk of the Board to submit the text
of the following amendments to the Secretary of State for final
notice pursuant to Section 6 of the Illinois Administrative
Procedure Act.
TITLE 35:
ENVIRONMENTAL
PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER
1: POLLUTION CONTROL BOARD
‘
Growmark also filed comments stating essentially the
same
information as presented at hearing.
2
Pr. at
and Tr.2 at
—
refer to the transcripts of the
two hearings, respectively.
Ot38-O8~2
—3-
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 aite—
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
4) That is LOCATED ON THE SAME 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. Ad!n. 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)w : or
iL
Forwhich the owner or operator of the facility for
~tora~e and related handling of pesticides or
fertilizers for the ~ur~ose of commercial application
or at a central location for the ourpose of
distribution to retail sales outlets that has filed a
written notice of intent Pursuant to Section 146 of
the Act WITH THE DEPARTMENT OF AGRICULTURE BY JANUARY
1. 1993. OR WITHIN 6 MONTHS AFTER THE DATE ON WHICH A
O~38-O8~3
—4—
MAXIMUM SETBACK
ZONE IS ESTABLISHED OR A REGULATED
RECHARGE AREA REGULATION
IS
ADOPTED THAT
AFFECTS SUCH A
FACILITY: or has filed
a written certification of
intent Pursuant to Section .14.6 of the Act ON THE
APPROPRIATE LICENSE OR
RENEWAL APPLICATION FORM
SUBMITTED
TO
THE DEPARTMENT
OF AGRICULTURE OR OTHER
APPROPRIATE AGENCY (Section 14.6(a~ of the Act).
This
exception shall not aoply to those facilities
that are
not in com~1iance with the program requirements of
subsections 14.6(b) and 146(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
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— : or
j)
The owner or operator of the facility for storac~eand
related handling of pesticides or fertilizers for the
~ur~ose
of commercial a~p1ication or at a
central
location for the
PU~POSB
of distribution to retail
sales outlets
that
has fj1~
p
written notice of intent
pursuant to Section 14.6 of the Act
WITS.
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: or has filed a
written certification of intent purèuant to Section
14.6 of the Act ON
THE
APPROPRIATE LICENSE OR RENEWAL
01 38-o8L~
—5-
APPLICATION FORM SUBMITTED TO THE DEPARTMENT OF
AGRICULTURE OR OTHER APPROPRIATE AGENCY (Section
14.6 (a) of the Act). This exception shall not a~olvto
those facilities that are not in com~liancewith the
pro~ramrequirements of subsections 14.6(b) and 14.6(ct
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 inion and order was
:~:d0~ the~/’~ day of
____________________,
1993, by
~
Dorothy N.
~nn,
Clerk
Illinois Po~ution Control Board
0138-08145