ILLINOIS POLLUTION CONTROL BOARD
    November 7,
    1991
    IN THE MATTER OF:
    )
    GROUNDWATER QUALITY STANDARDS
    )
    R89-14(C)
    AMENDMENTS TO 35
    ILL. ADM. CODE 303
    )
    (Rulemaking)
    PROPOSED RULE.
    FIRST NOTICE.
    OPINION ‘AND ORDER OF THE BOARD
    (by R.C.
    Fleinal):
    The principal regulations adopted today by separate opinion
    and order consist of new Part 620.
    However,
    the promulgation of
    Part 620 requires a conforming amendment to 35
    Ill. Adm.
    Code:
    Subtitle C.
    Such amendment was proposed November 2,
    1990 at
    14
    Ill. I~eg. 17862.
    Since it has been over one year since the
    publication in the Illinois Register of the Part 303 amendments,
    the Board must return to first notice with the Part 303
    amendments only.
    Therefore, the Board will open a docket
    C~.in
    this proceeding for the purpose of again proposing the Part 303
    amendments.
    Today’s groundwater standards at Part 620 supersede the
    standards previously applicable to groundwater as found in
    Subtitle C,
    the General Use and Public and Food Processing Water
    Supply Standards, which are applicable to groundwaters through
    the action of Section 303.203
    of Subtitle C.
    Today’s proposed
    amendment to Section 303.203 would delete the applicability of
    the General Use and Public and Food Processing Water Supply
    Standards to groundwater.
    It
    is worth noting with regard to both the Part 620 rules
    and Subtitle C that there is an important distinction between
    groundwater and underground water.
    Groundwater
    is expressly
    defined in both the IGPA and the Illinois Environmental
    Protection Act:
    “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.
    (Ill.
    Rev.
    Stat.
    1989,
    ch. 111
    1/2, par.
    1003.64 and par.
    7453(g)).
    onversely,
    underground water
    is defined
    in the IGPA1:
    1
    In
    a
    similar
    definition
    adopted
    by
    the
    Board
    prior
    to
    ~nactment
    of the IGPA underground water is defined as “any waters
    Df the State located beneath the ground surface”
    (35 Ill. Adm. Code
    301.420)
    127—133
    —2—
    “UNDERGROtTND WATER” MEANS ALL WATER BENEATH THE LAND
    SURFACE.
    (Ill.
    Rev. Stat.
    1989,
    ch. 111 1/2, par.
    7453(k))
    Pursuant to these two definitions,
    “groundwater”
    is a subset
    of “underground waters”.
    Among other matters,
    it
    is that subset
    that occurs within the saturated zone.
    ~jQ~ included, within
    groundwater are underground waters that may occur
    in unsaturated
    portions of the subsurface,
    such as within the aerated portions
    of the soil.
    Also not included is the water normally found
    in
    the root zone of crops,
    since the roots of most crops do not
    propagat!e into the saturated zone
    (R2 at 139)2.
    The way Section 303.203
    is today proposed to be amended,
    underground waters that are groundwaters are subject to Part 620.
    Underground waters that are not groundwaters remain subject to
    the Subtitle C regulations.
    ORDER
    The Clerk of the Board is directed to submit the text of the
    following amendments to the Secretary of State for first notice
    pursuant to Section
    6 of the Illinois Administrative Procedures
    Act.
    TITLE 35:
    ENVIRONMENTAL PROTECTION
    SUBTITLE C:
    WATER POLLUTION
    CHAPTER
    I:
    POLLUTION CONTROL BOARD
    PART 303
    WATER USE DESIGNATIONS AND SITE SPECIFIC
    WATER QUALITY STANDARDS
    SUBPART A:
    GENERAL PROVISIONS
    Section
    303.100
    Scope and Applicability
    303.101
    Multiple Designations
    303.102
    Rulemaking Required
    SUBPART B:
    NONSPECIFIC WATER USED DESIGNAT~IONS
    Section
    303.200
    Scope and Applicability
    303.201
    General Use Waters
    303.202
    Public and Food Processing Water Supplies
    2 Transcripts of the December 1990 hearings on the R89-14(A)
    and
    (B) proceedings are cited as “R2 at
    _____
    127—134
    —3—
    303.203
    303.204
    Underground Waters
    Secondary Contact and Indigenous Aquatic Life Waters
    SUBPART C:
    SPECIFIC USE DESIGNATIONS
    AND
    SITE SPECIFIC
    WATER QUALITY STANDARDS
    Section
    303.300
    303.301
    303.311
    303.312
    303.321
    303.322
    303.323
    303.331
    303.341
    303.351
    303.352
    303.353
    303.361
    303.430
    303.431
    303.441
    303.442
    303.443
    Section
    303.500
    303.502
    Appendix A
    Appendix B
    Scope and Applicability
    Organization
    Ohio River Temperature
    Waters Receiving Fluorspar Mine Drainage
    Wabash River Temperature
    Unnamed Tributary of the Vermilion River
    Sugar Creek and Its Unnamed Tributary
    Mississippi River North Teniperataure
    Mississippi River North Central Temperature
    Mississippi River South Central Temperature
    Unnamed Tributary of Wood River Creek
    Shoenberger Creek; Unnamed Tributary of Cahokia Canal
    Mississippi River South Temperature
    Unnamed Tributary to Dutch Creek
    Long Point Slough and Its Unnamed Tributary
    Secondary Contact Waters
    Waters Not Designated for Public Water Supply
    Lake Michigan
    SUBPART D:
    THERMAL DISCHARGES
    Scope and Applicability
    Lake Sangchris Thermal Discharges
    References to Previous Rules
    Sources of Codified Sections
    AUTHORITY:
    Implementing Section
    13 and authorized by Section 27
    of the Environmental Protection Act
    (Ill. Rev. Stat. l98~, ch.
    111 1/2, pars.
    1013 and 1027).
    SOURCE:
    Filed with the Secretary of State January
    1,
    1978;
    amended at 2
    Ill. Reg.
    27,
    p.
    221, effective July
    5,
    1978;
    amended at
    3
    Ill. Reg.
    20,
    p.
    95, effective May 17,
    1979; amended
    at 5 Ill. Reg.
    11592, effective October 19,
    1981;
    codified ,at
    6
    Ill.
    Reg.
    7818; amended at
    6 Ill. Reg.
    11161, effective September
    7,
    1982; amended at
    7 Ill. Reg.
    8111,
    effective June
    23,
    1983;
    amended in R87—27 at
    12
    Ill.
    Reg.
    9917,
    effective May 27,
    19.88;
    amended in R87—2
    at 13
    Ill. Reg.
    15649, effective September 22,
    1989; amended in R87-36 at 14 Ill.
    Reg.
    9460, effective May 31,
    1990; amended in R86—14 at 14 Ill.
    Reg.
    20724, effective December
    18,
    1990; amended in R89—14(C)
    _______
    Ill. Reg.
    ________
    effective
    127—135
    —4—
    TITLE 35:
    ENVIRONMENTAL PROTECTION
    SUBTITLE C:
    WATER POLLUTION
    CHAPTER I:
    POLLUTION CONTROL BOARD
    PART 303
    WATER USE DESIGNATIONS AND SITE
    SPECIFIC WATER QUALITY STANDARDS
    Section 303.203
    Underground Waters
    ine unaergrouna waLer3 or
    i.L11fl013
    wnicn arc a ~
    potential source of water for public or food proccssing supply
    shall- me~tthe general use and public and food processing watcr
    supply standards of Subparts B and C,
    Part 302, except due to
    natural causes.
    The underground waters of Illinois which are
    groundwater shall meet the standards set forth
    in 35
    Ill. Adm.
    Code 620.
    (Source:
    Amended in R89-14(C)
    at
    ____
    Ill.
    Reg.
    _______
    effective
    IT IS SO ORDERED.
    I,
    Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certi~fl~thatthe above~9~inionand 0-der was
    adopted on the
    ~
    day of
    ~
    ,
    1991,
    by
    avoteof
    7—C
    .
    ~borothy
    M. G)4in~ Clerk/
    Illinois Po~XutionControl Board
    12 7—136

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