ILLINOIS POLLUTION CONTROL BOARD
April 27,
1989
IN THE MATTER OF:
)
GROUNDWATER PROTECTION:
REGULATIONS FOR
)
R89-5
EXISTING AND NEW ACTIVITIES WITHIN
)
SETBACK ZONES AND REGULATED RECHARGE
)
AREAS
(35 ILL. ADM. CODE 615 AND 616)
)
ORDER OF THE BOARD
(by R.
C.
Flemal):
Pursuant
to Section 27(a)
of the Illinois Environmental
Protection Act
(Ill.
Rev.
Stat.
1987 ch.
lll1,’~par. 1027(a) as
amended by PA.
85—1048, effective January 1,
1989)
the Board
hereby determines that an economic impact study
(“EcIS”)
should
be conducted
in the subject matter of this proceeding.
In so determining,
the Board has taken
into consideration
all of the factors pertinent to this determination
as specified
in Section 27(a).
It has also taken
into consideration the
proposal’s two Public Comments submitted on this matter, both of
which have been filed by the Department of Energy and Natural
Resources
(Public Comments
#1 and #2;
the latter is accompanied
by a Motion
to File Instanter, which
is hereby granted).
Section 27(a) of the Act requires the Board
to make an
initial determination whether an EcIS should be conducted within
60 days of acceptance of
a proposal for hearing.
In this
proceeding,
that determination must be made by May
22, 1989,
approximately one week following the first scheduled hearings
in
this proceeding.
It
is apparent to the Board, even
in advance of
hearing, that an EcIS will be helpful
in this proceeding.
While
the Board could delay its determination until
after
the initial
May hearings,
the Board presently anticipates
that these hearings
will largely be devoted
to the Illinois Environmental Agency’s
exposition of the proposal,
and will generate little information
which would enable the Board
to “identify specific issues
to be
addressed
in the study”
as allowed by Section 27(a).
The Board
believes that the efficient progress
of this proceeding
is best
served by alerting DENR and other participants early of the
Board’s desire
to have
an EcIS conducted.
Thereby, DENR can
begin the EcIS process and other participants can begin
formulating comments concerning economic issues other than
whether
an EcIS
should be performed.
As the record
in
this proceeding develops,
the Board may
determine that “specific issues” have arisen which require
special economic focus.
98—487
—2—
The Board further notes
a change
in caption for
this docket,
which had previously been
In the Matter
of: Proposed Amendments
to Title
35, Subtitle
F:
Public Water Supplies, Chapter
1:
Pollution Control Board Parts
615 and 616.
The Board believes
that the caption as used on this Order will better instruct
interested persons regarding the subject matter
of his
proceeding,
and accordingly directs that all future filings
in
this docket be
so captioned.
IT
IS SO ORDERED.
I,
Dorothy
M. Gunn,
Clerk of the Illinois Pollution Control
Board, ~ereby
certify that th~eabove Order was adopted on
the
a(7~
day of
__________________,
1989, by
a vote
of
•7—~,
.
~
A
Dorothy
M. 7G~nn, Clerk
Illinois Poflution Control Board
98—488