ILLINOIS POLLUTION CONTROL BOARD

September 12,

1991

IN THE MATTER OF:

GROUNDWATER PROTECTION: REGULATIONS FOR

)

 R89-5

EXISTING

AND

NEW ACTIVITIES WITHIN SET-

)

 (Rulemaking)

BACK

ZONES

AND

REGULATED

RECHARGE

AREAS

(35

ILL.

ADN.

CODE

601,

615,

616

AND

617)

(“TECHNICAL STANDARDS”)

)

CONCURRING OPINION

 (by.

B.

 Forcade and J.D.

 Dujuelle)

We respectfully Concur,

 for the reasons expressed in prior

Concurring Opinions.

 In addition, We moved an amendment of the

regulatory language as follows:

615.209

(f)

 Provide

 written

 notification

to

the

State’s Attorney of the county in which

the source

is

 located,

 the Chairman

of

the County Board of such county,

 and to

each member of the General Assembly from

the

 legislative district

 in which that

source

is

 located.

In

 addition,

the

owner

or

 operator

 shall

 publish

notification

in

a

 newspaper

 of general

circulation in such county.

 Notification

shall be as follows:

(1)

The

 notification

 shall

be

 mailed

within 10 days, and published within

20 days,

 after the engineering plan

for

 corrective

 action

 program

required

in

 subsection

(d)

is

submitted to the Agency.

(2)

 The notification shall state:

(A)

 The identity

of

the

 owner

or

operator

(B)

 The location of the source

(C)

The

 date

of

 sampling,

the

numerical

 results

of

 that

sampling,

and

the

 numerical

groundwater standard, for each

parameter

 that

 exceeds

the

groundwater standards.

126—2 17

2

(D)

 That the owner or operator has

filed

 with

the

 Illinois

Environmental ProtectionAgency

a

 corrective

 action

 program

which

is

 available

at

 that

agency for public inspection.

(E)

 If the owner

 or operator has

filed

an

 Alternative

 Non-

Compliance

 Response

 Program,

the

 notification

 shall

 state

that such document is available

at

 such

 agency

for

 public

inspection.

Similar language was proposed for addition around Section

616.209.

 The majority did not accept the amendment.

 We believe

such additions should have been made; they are styled after the

notice requirements of Section 37 of the Act.

 These corrective

actions programs take place outside the traditional Agency

permitting process.

 Thus,

 no traditional public notice or

newspaper publication process applies.

 If groundwater

contamination does occur, We think the public should be informed

as part of a government sanctioned process of remediation.

Accordingly, We con

r.

Bill S. ~orcade

J.

 D. Dumelle

Board Member

 Board Member

I, Dorothy M.

 Gunn,

 Clerk of the Illinois Pollution Control

Board, hereby certify that the abo e Concurring Opinion was

submitted on the

~

 day ~

 1991.

Dorothy M.,4unn, Clerk

Illinois Pdllution Control Board

12 6—2 18