R96018D.PDF

ILLINOIS POLLUTION CONTROL BOARD

May 1, 1997

IN THE MATTER OF:

)

R96-18

AMENDMENTS TO 35 ILL. ADM. CODE

)

(Rulemaking-Public Water Supplies)

SUBTITLE F (Parts 601 through 620)

)

Adopted Rule. Final Order.

OPINION AND ORDER OF THE BOARD (by R.C. Flemal):

This matter comes before the Board on a petition for rulemaking filed by the Illinois

Environmental Protection Agency (Agency). The Agency requests that the Board amend

various provisions of 35 Ill. Adm. Code: Subtitle F. Subtitle F houses the Board’s Public

Water Supply regulations (Parts 601 through 611) and the Board’s groundwater regulations

(Parts 615 through 620).

The Board's responsibility in this matter arises from the Environmental Protection Act

(Act) (415 ILCS 5/1

et seq

. (1994)). The Board is charged therein to "determine, define and

implement the environmental control standards applicable in the State of Illinois" (415 ILCS

5/5(b)(1994)). More generally, the Board's rulemaking charge is based on the system of

checks and balances integral to Illinois environmental governance: the Board bears

responsibility for the rulemaking and principal adjudicatory functions; the Agency has primary

responsibility for administration of the Act and the Board's regulations, including the

regulations adopted today.

By today’s action the Board adopts the amendments requested by the Agency.

The majority of the amendments are of a non-substantive, “housekeeping” nature, including

items such as replacing citations to Illinois Revised Statutes with citations to Illinois Compiled

Statutes. The amendments also include modification of several definitions and two other

substantive items. The first allows the Agency to issue construction permits notwithstanding

the fact that a public water supply is on the restricted status list for a violation of the radium

maximum concentration level (MCL). The second, through revision of the authority note for

the groundwater quality regulations, specifies that the groundwater regulations were adopted

pursuant to the Act. (415 ILCS 5/1

et seq

. (1994).)

PROCEDURAL HISTORY

On March 4, 1996 the Board received a letter from the Agency requesting the Board

make a number of non-substantive, housekeeping amendments to Subtitle F. The amendments

were identified by the Agency during a detailed proofreading of Subtitle F occasioned by the

Agency’s submission of a Safe Drinking Water Act (SDWA) primacy renewal to the United

States Environmental Protection Agency (USEPA).

Among these suggested amendments were a number that occurred in the Board’s

identical-in substance public water supply regulations, which are found principally at 35 Ill.

Adm. Code 611. These amendments were proposed for adoption by the Board on April 18,

1996 in the identical-in-substance rulemaking, Docket R95-17 (In the Matter of: Safe Drinking

Water Act Update). The rules were adopted by orders of September 5 and October 17, 1996.

The Board in its April 18, 1996 order in Docket R95-17 also observed, however, that

many of the suggested amendments could be addressed only in a regular rulemaking conducted

pursuant to Section 27 of the Act. In response, the Agency on June 13, 1996 requested that

the Board treat the March 4, 1996 filing as a petition for modification of the rules. On June

20, 1996 the Board opened the instant docket for this purpose.

On September 4, 1996 the Agency filed an amended petition, accompanied by various

documents including a motion to amend the petition, text of the proposed amendments,

statement of reasons, synopsis of witness testimony, and exhibits. In addition to the non-

substantive, citational, cross-referencing and definitional corrections, the amended petition also

introduced the two substantive amendments which are part of today’s action.

On October 16, 1996 the Agency made various additional filings. These included

copies of prefiled testimony and a motion to further amend the petition. The latter consisted of

two additional substantive amendments.

Public hearings were held before hearing officer Michael McCambridge in Geneva on

October 25, 1996 and in Springfield on October 30, 1996. The Agency and members of the

public attended and presented testimony at both hearings.

The Agency presented the testimony of Susan Konzelmann, Lynn E. Dunaway,

Donald E. Dillenburg, Tracey Virgin, and Charles Bell, each of whom is an Agency employee

who participated in preparing the original and amended petitions. Testimony was also

received from Matt Zimmerman, Administrator of the Village of Elburn; Dennis L. Duffield,

Director of Public Works and Utilities for the City of Joliet; and Gerald Bever,

Superintendent of Water for the City of DeKalb. Prefiled testimony was received from the

Children of DeKalb, filed by Dorianne Burg, but no-one appeared prior to the adjournment of

the hearing to deliver the material as testimony. The prefiling was admitted as a public

comment. (10/25/96 Tr. at 77)

The Board adopted the Agency’s proposal for first notice on November 21, 1996. First

notice publication occurred at 20 Ill. Reg. 15863 et seq. (December 20, 1996)

. On March

20, 1997 the Board adopted the proposal for second notice. On April 15, 1997 the Joint

Six public comments were received during the first notice period. The content of the public

comments, and the Board’s disposition of them, was discussed in the Board’s second notice

opinion of March 20, 1997.

Committee on Administrative Rules (JCAR)

voted “no objection” to the Board taking final

action on this matter.

OVERVIEW OF THE RULES

“Housekeeping” Amendments

The Board from time to time “housekeeps” and updates its regulations by revising

outdated references, citations, and the like, and by correcting non-substantive constructional or

format errors that have found their way into the regulations. These efforts have been

undertaken sometimes on Board initiative, and in other cases, as is the case here, on request

from the Agency. The Board appreciates the effort that the Agency has undertaken to identify

these matters and direct them to our attention.

It is the nature of housekeeping amendments that they change neither the intent nor the

interpretation of the rule. The Agency believes that all of the housekeeping amendments

herein are of that nature. ( 10/25/96 Tr. at 74.) The Board has also reviewed each of the

amendments and agrees with the Agency.

Today’s action is devoted largely to such housekeeping. Its focus is Subtitle F, which

currently consists of nine active

parts, the subject matter headings of which are:

Part 601

Introduction

Part 602

Permits

Part 603

Ownership and Responsible Personnel

Part 607

Operation and Record Keeping

Part 611

Primary Drinking Water Standards

Part 615

Existing Activities in a Setback Zone or Regulated

Recharge Area

Part 616

New Activities in a Setback Zone or Regulated Recharge

Area

Part 617

Regulated Recharge Areas

Part 620

Groundwater Quality

All of the nine parts, with the exception of Part 611, are included in today’s amendments.

The most common amendment is the updating of citations of Illinois statutes from

Illinois Revised Statutes (Ill. Rev. Stat.) to Illinois Compiled Statutes (ILCS). (10/25/96 Tr.

at 15-24.) ILCS has replaced Ill. Rev. Stat. as the official version of Illinois statutory law.

Related amendments update citations to repealed statutes with citations to the current statutes

that replaced them.

Subtitle F also contains three parts, Parts 604, 605, and 606, which previously were

repealed when the primary drinking water standards were consolidated into Part 611.

A second major category is correction of cross-references. (10/25/96 Tr. at 15-24.) A

cross-reference is a reference within one provision of a rule to a provision in some other part,

section, or subsection. As rules are amended and renumbered over time, these cross-

references sometimes get disjointed. Today’s intention is to bring disjointed cross-references

back into accordance.

Among other kinds of housekeeping amendments covered in today’s action are

nonsubstantive punctuation, grammatical, and word selection changes that should eliminate

confusion with regard to the interpretation of the regulations. (10/25/96 Tr. at 24-32; 33-42.)

There are also a few corrections of typographical errors such as the listing twice in Section

620.420(b)(1) of the compound dichloromethane

Definitional Changes

The Agency has identified several definitions in Section 601.105 that need slight

modifications. In each case the intent is to conform the definition to current usage.

“Boil Order” The Board’s prior definition of “boil order” specified that an order was

to be issued whenever the water being supplied may have become “bacteriologically”

contaminated. In generally-accepted practice in the water supply field, a boil order is issued

wherever the water being supplied may have become “microbiologically” contaminated. By

today’s action the Board’s definition of “boil order” is brought into compliance with the

accepted practice by replacing the word “bacteriologically” with the word

“microbiologically.”

A public water supply issues a boil order when circumstances are such that the supply

is, based on microbiological samples, contaminated or when the conditions are such that the

supply is subjected to contamination by microorganisms that will be killed by boiling the

potable water for a specific length of time. (10/26/96 Tr. at 50-51.) The intent of the boil

order is to protect consumers from known and potential contamination. The Board agrees with

the Agency that contamination with microbiological organisms other than bacterial organisms

should also trigger a boil order.

Cryptosporidium

giardia lamblia

, and viruses are examples

of microorganisms that may be killed by boiling water and that are not bacterial in nature.

Clarifying that boiling water is effective for more than bacterial contamination and that it will

Dichloromethane is denoted as a carcinogen once and as a noncarcinogen once in Section

620.410(b)(1). (10/25/96 Tr. at 27.) The table lists the same numerical (0.05 milligrams per

liter) for dichloromethane each time. (10/25/96 Tr. at 28.) Therefore, the listing of

dichloromethane as a carcinogen in 620.420(b)(1) should be maintained with the current Class

II numerical standard of 0.05 milligrams per liter. (10/25/96 Tr. at 28.) This is an apparent

typographical error and the listing of dichloromethane as a noncarcinogen is accordingly

deleted today.

kill microbes such as viruses, amoebas, and parasites will provide a more accurate description

of the circumstances under which a boil order should be issued.

“Certified Laboratory” The prior definition does not include all of the State agencies

that certify laboratories. (l0/25/96 Tr. at 54-55.) When the Board first adopted the prior

definition in 35 Ill. Adm. Code 601.105, the radiological laboratory certification program was

administered by the Illinois Department of Public Health. Subsequently, the Illinois

Department of Nuclear Safety was created and, pursuant to a memorandum of agreement

between it and the Agency, it was given it the authority to certify laboratories for analyses of

radionuclides in drinking water. (10/25/96 Tr. at 54-55.) Accordingly, the definition of

“certified laboratory” is amended here to include all of the State agencies that certify

laboratories.

“Persistent Contamination” “Persistent contamination” occurs in a public water supply

after an initial analysis is performed of a set of routine samples, those samples are coliform

positive, and three or more subsequent sampling events reveal that the potable water supply

still contains contamination. The subsequent sampling events, referred to as “check samples”

in the prior definition of “persistent contamination,” are samples taken to confirm the

continued existence of contamination in the new coliform regulations.

Today the Board deletes the word “check” and replaces it with “repeat” to make the

definition terminology consistent with other portions of the rules. When the new total

coliform regulations were adopted in R88-26, the term used to confirm “persistent

contamination” was changed to “repeat samples.” (10/25/96 Tr. at 52-54.) Moreover, the

method of collecting “repeat samples” was changed to provide data that is statistically more

significant. (10/25/96 Tr. at 52-54.) There are no longer bacteriological samples that are

defined as “check samples.” (10/25/96 Tr. at 52-54.)

“Recurring Contamination” “Recurring contamination” occurs when a public water

supply has total coliform positive analysis results in one or more samples in a routine sampling

set during four or more sampling periods in a calendar year. (10/25/96 Tr. at 55-56.) As the

definition of “recurring contamination” has been written, it provided an opportunity for

inconsistent application to public water supplies. Specifically, the use of the term “calendar

year” in the definition provided for uneven protection of public health by allowing varying

lengths of time that contamination may exist before a public water supply: must follow the

provisions of 35 Ill. Adm. Code 607.103, would be subject to the loss of any chlorination

exemption, or would have an exemption request denied by the Agency. (10/25/96 Tr. at 55-

56.) Today’s action corrects this by substituting the time frame “twelve consecutive month

period” for “calendar year.”

“Re-Sell Water” The Agency has proposed, and we accept, modifying the name of

“re-sell water” to “sell water.” (10/25/96 Tr. at 56-57.) Renaming provides identity between

the terminology of 35 Ill. Adm. Code 611 and 35 Ill. Adm. Code 601. The purpose of the

modification is to simplify application of the provisions of 35 Ill. Adm. Code 611 by

clarifying when systems meet its applicability requirements.

Construction Permits/Restricted Status/Local Government Concerns

The most substantive amendments in today’s rules consist of provisions in Sections

602.105 and 602.106 that allow the Agency to issue public water supply construction permits

even though the public water supply is on the restricted status list for a violation of the radium

standard. (35 Ill. Adm. Code 602.105, 602.106.) These provisions will remain in effect until

the USEPA makes a final determination regarding the magnitude of the radium drinking water

standard(s).

Under existing Illinois regulations the Agency may not grant construction permits to a

public water supply unless the public water supply can provide proof that the construction will

not cause a violation of the Act or regulations. (35 Ill. Adm. Code 602.105.) Restricted

status is imposed whenever a public water supply is in violation of one or more drinking water

standards. Thus, being on restricted status constitutes a determination that a public water

supply can no longer be issued a construction permit without causing a violation of the Act.

(35 Ill. Adm. Code 602.106.)

Illinois currently has a 5 pCi/L standard for the sum of radium-226 and radium-228,

plus a gross alpha particle standard of 15.0 pCi/L

. (35 Ill. Adm. Code 611.330.) This

standard is based upon the National Primary Drinking Water Standard for radium, adopted

pursuant to the Safe Drinking Water Act (SDWA). (42 U.S.C. 300(f) et seq.) Many of the

deep groundwaters in Illinois exceed these standards naturally, and thus public water supplies

drawing from them tend to have water in excess of the standards.

In the area of drinking water regulations, the Legislature has determined that in general

the federal standards adopted by USEPA are to be the standards enforced in this State. Under

the terms of Section 17.5 of the Act (415 ILCS 5/17.5 (1994)), the Board is mandated to adopt

regulations that are identical in substance to federal National Primary Drinking Water

Standards adopted pursuant to the SDWA. The General Assembly has been even more explicit

in regards to some specific standards. Specifically, Section 17.6 of the Act (415 ILCS 5/17.6

(1994)) provides that the standards for radium-226, radium-228, and gross alpha particle

activity (among others) “are the enforceable maximum concentration limits (MCL)

promulgated by the USEPA.” The Board is required to adopt standards by APA peremptory

rulemaking, a rulemaking method allowing even less discretion and opportunity for public

comment than does Section 17.5 identical in substance rulemaking. (415 ILCS 5/17.5

(1994).)

The current standards are National Interim Primary Drinking Water Regulations

adopted in 1976. As interim standards they are under review by the USEPA, and have been

for some time. Indeed, USEPA has had pending since 1991 a proposal to adopt final

regulations in which the radium standards would increase to 20 pCi/L for each of the two

Gross alpha particle activity correlates strongly with radium content.

radium isotopes. (56 Fed. Reg. 33050, July 18, 1991). Public hearings on the proposed

federal standard began on September 6, 1991. In an amended consent order in Miller v.

Browner, (No. 89-6328HO (Dist. OR 1990), amended order February 22, 1994), the federal

district court for Oregon ordered the USEPA to take final action on the radiological rule with

respect to the radium-226 and radium-228 standards no later than April 30, 1995. However,

Congress prohibited funding during 1994 and 1995, necessary for the promulgation of a radon

standard. Since radon was a part of the radionuclide proposal, no standards for radium-226

and radium-228 were adopted. USEPA has proposed a modification to the Miller v. Browner

consent order; however, it has not yet committed to a time for developing a new promulgation

schedule. If the proposed federal standard is adopted, almost no public water supply in Illinois

would exceed the radium standard. Today’s amendments allow public water supplies to

continue to operate, without the construction permit ban (or the need to seek variance from the

ban

), pending final action by USEPA.

Since 1991 when the USEPA proposed increasing the radium and gross alpha particle

standards, the Agency placed those public water supplies that exceed the 5 pCi/L combined

level or 15 pCi/L gross alpha particle MCL on restricted status pursuant to Section 601.106 of

the Board regulations. (35 Ill. Adm. Code 602.106.) (10/25/96 Tr. at 61.) Consequently, at

the time of the October hearings in this docket, the Agency had placed 69 water utilities on

restricted status due to the radium MCL violation. (10/25/96 Tr. at 61-62.) Placement on

restricted status prevents a public water supply from receiving a permit from the Agency to

expand its system in any way. However, a public water supply may petition the Board for a

variance from restricted status. (415 ILCS 5/35 (1994).) Again, as of the October hearings,

of the 69 water utilities in violation, 34 had variances from restricted status. (10/25/96 Tr. at

61-62.)

The variance process is costly to communities and expends Agency and Board

resources. (10/25/96 Tr. at 62-63; See, PCs 2, 3, 4.) At the time of the October hearings in

this docket, the Board had issued 134 variances from restricted status for 83 public water

supplies that exceeded the 5 pCi/L combined radium standard. (10/25/96 Tr. at 63.) Thirty-

five (26%) of these public water supplies have received more than one variance. (10/25/96

Tr. at 63.)

This rulemaking exempts from the restricted status regulations those facilities that

currently exceed the radium or gross alpha activity MCLs, but whose contaminants are in

compliance with the proposed federal radium MCLs. The language we adopt today differs in

detail from the language originally proposed by the Agency. Our intent is to make it clear that

the construction permit ban will remain lifted until the USEPA adopts a final radium

standard

Nothing in today’s proposal would alter existing variances from restricted status.

Again, under Section 17.6 of the Act, any revised federal standards for radium-226, radium-

228, and gross alpha particle activity become the state standards in Illinois upon their federal

effective dates.

This exemption will be in effect for a limited time and will alleviate some of the

regulatory burden placed upon public water supplies that are waiting for federal action on the

proposed radium MCL. Exemption of certain public water supplies from the provisions of 35

Ill. Adm. Code 602.105 and 602.106 provides a common sense approach to alleviating the

financial and regulatory burden placed upon public water supplies due to the failure of the

USEPA to adopt the proposed radium and gross alpha particle standards in a timely fashion.

Part 620 and Authority Note

The Agency requests, and the Board today adopts, an amendment to the authority note

of 35 Ill. Adm. Code 620 that adds Section 27 of the Environmental Protection Act as the one

of the two authorities for adoption of Part 620.

The Agency expressed concern that the current authority note, which lists only Section

8 of the Illinois Groundwater Protection Act (415 ILCS 55/8 (1994); IGPA), raises confusion

regarding the enforceability of Part 620. (Statement of Reasons at 9; 10/25/96 Tr. at 26-27.)

The Agency notes that the IGPA does not provide for independent enforcement of standards

adopted pursuant to it. (Statement of Reasons at 9.)

The Agency observes, and the Board agrees, that Part 620 was adopted pursuant to

both the IGPA and the Environmental Protection Act. Section 8 of the IGPA indeed mandated

that the Board adopt the groundwater standards of Part 620 in compliance with the rulemaking

requirements and authorities specified at Title VII, which includes Section 27, of the

Environmental Protection Act. Section 27 specifically provides that:

Within 2 years after the date upon which the Illinois EPA files the proposed

regulations, the Board shall promulgate the water quality standards for

groundwater. In promulgating these regulations, the Board shall, in addition to

the factors set forth in Title VII of the Environmental Protection Act, consider

the following ... [six criteria]. (415 ILCS 55/8(b) (1994); emphasis added.)

ECONOMIC CONSIDERATIONS AND CONCLUSIONS

Section 27(b) of the Act requires that the Board determine whether the proposed

regulations have any adverse economic impact on the people of the State of Illinois. (415

ILCS 5/27(b) (1994).) The record indicates that the proposed housekeeping and the

definitional amendments do not involve any added costs to the regulated community or to any

administrative agency involved. The record indicates that it is its failure to adopt, rather than

the adoption of, the amendments, that might cause adverse economic impact.

As to the substantive amendments, the record substantiates the Board’s first notice

observations that adoption of the proposal to remove the radium-related construction permit

ban would produce cost savings to the regulated community, in that it would need neither to

forgo construction in the absence of construction permits nor to seek variance where the need

to lift the construction ban became paramount. Costs for seeking a variance are estimated by

the City of Joliet to be in excess of $1,000 (10/25/96 Tr. at 85) when a hearing is not held and

$20,000 by the City of DeKalb when a hearing is held (10/30/96 Tr. at 19-20). Further, the

City of West Chicago provided comment that it incurred $4,749.00 in fees in order to obtain a

variance. Moreover, the costs associated with finding and implementing an alternate

compliance plan have proven economically unfeasible for the City of Lockport. (PC 4 at 3-5.)

The Agency estimates that its cost, in terms of personnel, to process a variance request

where no hearing is held consists of 2 hours of clerical time, 32.5 hours of legal time, and 15

hours of technical time. (Amended Petition Exh. G.) A variance petition that involves a

hearing is estimated by the Agency to involve twice as many resources. (Amended Petition

Exh. G.) The Board similarly has resource expenditures associated with processing variances

that would no longer need to be expended if the amendments are adopted.

Much larger costs, however, are the actual costs of compliance. As detailed in

testimony here and in the many restricted status variances processed by the Board, these costs

have proved to total anywhere from hundreds of thousands to millions of dollars.

The restricted status limitation on permit issuance is purely a state law construct.

protects against extension of substandard systems, at the same time that it offers an economic

development incentive for bringing systems into compliance. The Board continues to believe

that restricted status is a very valuable provision as applied in almost all circumstances.

The current radium situation, however, is an exception. The Board believes that it

would not be prudent stewardship of scarce public resources to require a universal movement

towards compliance with the “moving target” of the radium standards. We believe that the

judicious approach is to let the federal debate play out. This we do today in amending the

Illinois restricted status rules. This does not prevent local assessment and action based on the

community’s priorities and resources; it is intended instead to facilitate it. Local communities

and groups remain free to choose to meet today’s standards immediately.

ORDER

The Board directs that the following amendments be submitted to the Secretary of State

for final notice pursuant to Section 5-40 of the Illinois Administrative Procedure Act.

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE F: PUBLIC WATER SUPPLIES

CHAPTER I: POLLUTION CONTROL BOARD

PART 601

INTRODUCTION

Section

601.101

General Requirements

601.102

Applicability

601.103

Severability

601.104

Analytical Testing

601.105

Definitions

Appendix A

References to Former Rules

AUTHORITY: Implementing Section 17 and authorized by Section 27 of the Environmental

Protection Act [415 ILCS 5/17 and 27].

SOURCE: Filed with Secretary of State January 1, 1978; amended at 2 Ill. Reg. 36, p. 72,

effective August 29, 1978; amended at 3 Ill. Reg. 13, p. 236, effective March 30, 1979;

amended and codified at 6 Ill. Reg. 11497, effective September 14, 1982; amended at 6 Ill.

Reg. 14344, effective November 3, 1982; amended in R84-12 at 14 Ill. Reg. 1379, effective

January 8, 1990; amended in R89-5 at 16 Ill. Reg. 1585, effective January 10, 1992; amended

in R96-18 at 21 Ill. Reg. , effective _______________________________.

Section 601.101

General Requirements

Owners and official custodians of a public water supply in the State of Illinois shall provide

pursuant to the Environmental Protection Act [415 ILCS 5](Ill. Rev. Stat. 1981, ch. 111 1/2,

pars. 1001 et seq. (Act), the Pollution Control Board (Board) Rules, and the Safe Drinking

Water Act (42 U.S.C. 300f et seq.) continuous operation and maintenance of public water

supply facilities so that the water shall be assuredly safe in quality, clean, adequate in quantity,

and of satisfactory mineral characteristics for ordinary domestic consumption.

(Source: Amended at 21 Ill. Reg. , effective .)

Section 601.105

Definitions

For purposes of this Chapter:

"Act" means the Environmental Protection Act, as amended, [415 ILCS 5](Ill.

Rev. Stat. 1989, ch. 111 1/2, pars. 1001 et seq.).

"Agency" means the Illinois Environmental Protection Agency.

"Board" means the Illinois Pollution Control Board.

"Boil Order" means a notice to boil all drinking and culinary water for at least

five minutes before use, issued by the proper authorities to the consumers of a

public water supply affected, whenever the water being supplied may have

become microbiologicallybacteriologically contaminated.

"Certified Laboratory" means any laboratory approved by Agency, the Illinois

Department of Nuclear Safety or the Illinois Department of Public Health for

the specific parameters to be examined, as set out in rules adopted pursuant to

the Illinois Administrative Procedure Act [5 ILCS 100](Ill. Rev. Stat. 1989, ch.

127, pars. 1001 et seq.).

"Confined Geologic Formations" are geologic water bearing formations

protected against the entrance of contamination by other geologic formations.

"Disinfectant" means any oxidant, including but not limited to chlorine,

chlorine dioxide, chloramines, and ozone, added to water in any part of the

treatment or distribution process, which is intended to kill or inactivate

pathogenic microorganisms.

"Dose Equivalent" means the product of the absorbed dose from ionizing

radiation and such factors as account for differences in biological effectiveness

due to the type of radiation and its distribution in the body as specified by the

International Commission of Radiological Units and Measurements (ICRU).

"Gross Alpha Particle Activity" means the total radioactivity due to alpha

particle emission as inferred from measurements on a dry sample.

"Gross Beta Particle Activity" means the total radioactivity due to beta particle

emission as inferred from measurements on a dry sample.

“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. (Section 3.64 of the Act)

"Halogen" means one of the chemical elements chlorine, bromine or iodine.

"Man-Made Beta Particle and Photon Emitters" means all radionuclides emitting

beta particles and/or photons listed in Maximum Permissible Body Burdens and

Maximum Permissible Concentration of Radionuclides in Air or Water for

Occupational Exposure, National Bureau of Standards (NBS) Handbook 69,

except the daughter products of thorium-232, uranium-235 and uranium-238.

"Maximum Residence Time Concentration (MRTC)" means the concentration of

total trihalomethanes found in a water sample taken at a point of maximum

residence time in the public water supply distribution system.

"Maximum Total Trihalomethane Potential (MTP)" means the maximum

concentration of total trihalomethanes produced in a given water containing a

disinfectant residual after 7 days at a temperature of 25 degrees C or above.

"Official Custodian" means any officer of an organization which is the owner or

operator of a public water supply, and who has direct administrative

responsibility for the supply.

"Persistent Contamination" exists when analysis for total coliform is positive in

one or more samples of a routine sample set, and when three or more

subsequent repeatcheck samples indicate the presence of contamination.

"Picocurie (pCi)" means that quantity of radioactive material producing 2.22

nuclear transformations per minute.

"Point Of Maximum Residence Time" means that part of the active portion of

the distribution system remote from the treatment plant where the water has

been in the distribution system for the longest period of time.

"Recurring Contamination" exists when analysis of total coliform is positive in

one or more samples of a routine sample set, if this occurs four or more times

in a twelve consecutive month periodcalendar year.

"Rem" means the unit of dose equivalent from ionizing radiation to the total

body or any internal organ or organ system. A "millirem (mrem)" is 1/1000 of

a rem.

"Sell Re-sellWater" means to deliver or provide potable water, obtained from a

public water supply subject to these regulations, to the consumer, who is then

individually or specifically billed for water service, or where any monetary

assessment is levied or required and specifically used for water service. Water

supply facilities owned or operated by political subdivisions, homeowners

associations, and not-for-profit associations, as well as privately owned utilities

regulated by the Illinois Commerce Commission, are considered to sell water

whether or not a charge is specifically made for water.

"Service Connection" is the opening, including all fittings and appurtenances, at

the water main through which water is supplied to the user.

"Surface Water" means all tributary streams and drainage basins, including

natural lakes and artificial reservoirs, which may affect a specific water supply

above the point of water supply intake.

"Surface Water Supply Source" means any surface water used as a water source

for a public water supply.

"Supply" means a public water supply.

"Total Trihalomethanes (TTHM)" means the sum of the concentration in

milligrams per liter of the trihalomethane compounds trichloromethane

(chloroform), dibromochloromethane, bromodichloromethane and

tribromomethane (bromoform), rounded to two significant figures.

"Trihalomethane (THM)" means one of the family of organic compounds named

as derivatives of methane, wherein three of the four hydrogen atoms in methane

are each substituted by a halogen atom in the molecular structure.

"Water Main" means any pipe for the purpose of distributing potable water

which serves or is accessible to more than one property, dwelling, or rental

unit, and is exterior to buildings.

(Source: Amended at 21 Ill. Reg. , effective .)

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE F: PUBLIC WATER SUPPLIES

CHAPTER I: POLLUTION CONTROL BOARD

PART 602

PERMITS

Section

602.101

Construction Permit

602.102

Operating Permit

602.103

Algicide Permit

602.104

Emergency Permit

602.105

Standards for Issuance

602.106

Restricted Status

602.107

Signatory Requirement for Permit Applications

602.108

Construction Permit Applications

602.109

Operating Permit Applications

602.110

Algicide Permits Applications

602.111

Application Forms and Additional Information

602.112

Filing and Final Action by Agency on Permit Application

602.113

Duration

602.114

Conditions

602.115

Design, Operation and Maintenance Criteria

602.116

Requirement for As-Built Plans

602.117

Existence of Permit No Defense

602.118

Appeals from Conditions

602.119

Revocations

602.120

Limitations

Appendix:

References to Former Rules

AUTHORITY: Implementing Section 17 and authorized by Section 27 of the Environmental

Protection Act [415 ILCS 5/17 and 27].

SOURCE: Filed with Secretary of State January 1, 1978; amended and codified at 6 Ill. Reg.

11497, effective September 14, 1982; amended at 8 Ill. Reg. 2157, effective February 7,

1984; emergency amendment at 9 Ill. Reg. 13371, effective August 16, 1985, for a maximum

of 150 days; amended at 10 Ill. Reg. 7337, effective April 22, 1986, amended in R96-18 at 21

Ill. Reg.________, effective .

Section 602.105

Standards for Issuance

The Agency shall not grant any construction or operating permit required by

this Part, except as otherwise provided in subsection (d) of this Section, unless

the applicant submits adequate proof that the public water supply will be

constructed, modified or operated so as not to cause a violation of the

Environmental Protection Act [415 ILCS 5](Ill. Rev. Stat. 11981, ch. 111 1/2,

pars. 1001 et seq.).

The Agency shall not grant any construction or operating permit required by

this Part unless the applicant submits adequate proof that the public water

supply facility conforms to the design criteria promulgated by the Agency under

Section 39(a) of the Act or Section 602.115 or is based on such other criteria

which the applicant proves will produce consistently satisfactory results.

The Agency shall not grant any construction permit required by this Part unless

the applicant submits proof that any plan documents required by this Section and

Section 602.108 have been prepared by a person qualified under the Illinois

Architecture Practice Act [225 ILCS 305](Ill. Rev. Stat. 1981, ch. 111, pars.

1201 et seq.), the Illinois Professional Engineering Practice Act [225 ILCS

325](Ill. Rev. Stat. 1981, ch. 111, pars. 5101 et seq.), the Illinois Structural

Engineering Licensing Act [225 ILCS 340](Ill. Rev. Stat. 1981, ch. 111, pars.

6501 et seq.), or any required combination thereof.

Until the effective date of either a National Primary Drinking Water Regulation

for radium-226, radium-228, or gross alpha particle activity that replaces the

National Interim Primary Drinking Water Regulations for these contaminants,

adopted by USEPA on July 9, 1976, or the formal withdrawal of the proposed

National Primary Drinking Water Regulations for these contaminants, as

proposed by USEPA on July 18, 1991 (56 Fed. Reg. 33050), the Agency shall

not deny for the following reasons any construction or operating permit required

by this Part:

the radium-226 level is less than or equal to 20 pCi\L;

the radium-228 level is less than or equal to 20 pCi\L; or

the gross alpha particle activity level minus the radium-226 level is less

than or equal to 15 pCi\L.

(Source: Amended at 21 Ill. Reg. , effective .)

Section 602.106

Restricted Status

Restricted status shall be defined as the Agency determination, pursuant to

Section 39(a) of the Act and Section 602.105, that a public water supply facility

may no longer be issued a construction permit without causing a violation of the

Act or this Chapter.

The Agency shall publish and make available to the public at intervals of not

more than six months, a comprehensive and up-to-date list of supplies subject to

restrictive status and the reasons why.

The Agency shall notify the owners or official custodians of supplies when the

supply is initially placed on restricted status by the Agency.

Until the effective date of either a National Primary Drinking Water Regulation

for radium-226, radium-228, or gross alpha particle activity that replaces the

National Interim Primary Drinking Water Regulations for these contaminants,

adopted by USEPA on July 9, 1976, or the formal withdrawal of the proposed

National Primary Drinking Water Regulations for these contaminants, as

proposed by USEPA on July 18, 1991 (56 Fed. Reg. 33050), the Agency shall

not place public water supplies on restricted status when:

the radium-226 level is less than or equal to 20 pCi\L;

the radium-228 level is less than or equal to 20 pCi\L; or

the gross alpha particle activity level minus the radium-226 level is less

than or equal to 15 pCi\L.

(Source: Amended at 21 Ill. Reg. , effective_________________________.)

Section 602.108

Construction Permit Applications

All applications for any construction permit required under this Chapter shall contain, where

appropriate, the following information and documents:

A summary of the design basis;.

Operation requirements;.

General Layout;.

Detailed Plans;.

Specifications;.

A professional seal to satisfy Section 602.105 (cb) requirements; and.

Any other information required by the Agency for proper consideration of the

permit.

(Source: Amended at 21 Ill. Reg. , effective_____________________________.)

Section 602.110

Algicide Permit Applications

All applications for algicide permits shall contain:

the name and certificate number of the certified operator supervising the

application of the algicide;

a statement describing the extent of the algae problem, history of any

past algae problems, and algicide treatments, and a description of any

fish kills which have resulted from treatments in the past; and

adequate information to support exceeding the limits as stated in 35 Ill.

Adm. Code 302: Water Quality Standards.

After any algicide permit is issued, and before the permit expires by its stated

terms, if there is any major change either in the operation of the public water

supply, or in algae growth, which affects the use of the algicide as outlined in

the

permit, the public water supply shall submit an application for modification of

its permit. This application shall contain all the information required by this

subsection (b) and subsection (a) above.

Any algicide permit issued under this Section shall exempt the permittee from

obtaining an aquatic pesticide permit as provided in 35 Ill. Adm. Code 652.601.

(Source: Amended at 21 Ill. Reg. , effective ___________________________.)

Section 602.114

Conditions

In addition to specific conditions authorized under this Part, the Agency may impose such

conditions in a permit as may be necessary to accomplish the purposes of the Act and as are

not inconsistent with regulations promulgated by the Illinois Pollution Control Board (Board).

(Source: Amended at 21 Ill. Reg. , effective ___________________________.)

Section 602.115

Design, Operation, and Maintenance Criteria

The Agency may adopt criteria, published in the form of Technical Policy

Statements, for the design, operation, and maintenance of public water supply

facilities as necessary to insure safe, adequate, and clean water. These criteria

shall be revised from time to time to reflect current engineering judgment and

advances in the state of the art.

Before adopting new criteria or making substantive changes to any Technical

Policy Statements, the Agency shall comply with the provisions of the

Administrative Procedure Act [5 ILCS 100](Ill. Rev. Stat. 1981, ch. 127, pars.

1001 et seq.).

(Source: Amended at 21 Ill. Reg. , effective _____________________________.)

Section 602.120

Limitations

Any permit issued under this Part shall not be considered to be valid unless and until all

applicable permits from State agencies, including but not limited to those listed below, have

been applied for:

AGENCY

PERMIT DESCRIPTION

Illinois Commerce Commission

Certificate of Convenience

and Necessity

Dept. of Mines and Minerals

Div. of Oil and Gas

Well Drilling

Dept. of Natural Resources

Changes to Existing

Office of Water Resources

Waterways

Dept. of Transportation

Division of Water Resource Management

(Source: Amended at 21 Ill. Reg. , effective ____________________________.)

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE F: PUBLIC WATER SUPPLIES

CHAPTER I: POLLUTION CONTROL BOARD

PART 603

OWNERSHIP AND RESPONSIBLE PERSONNEL

Section

603.101

Ownership

603.102

Responsible Personnel

603.103

Certified Operator

603.104

Registered Person in Responsible Charge

603.105

Notification of Change of Ownership or Responsible Personnel

Appendix:

References to Former Rules

AUTHORITY: Implementing Section 17 and authorized by Section 27 of the Environmental

Protection Act [415 ILCS 5/17 and 27].

SOURCE: Filed with Secretary of State January 1, 1978; amended and codified at 6 Ill. Reg.

11497, effective September 14, 1982; amended in R96-18 at 21 Ill. Reg. , effective

_____________________________.

Section 603.102

Responsible Personnel

Each public water supply shall have designated an individual in responsible charge of the

operation of that supply properly qualified and registered pursuant to Public Water Supply

Operations Act [415 ILCS 45]Ill. Rev. Stat. 1981, ch. 111 1/2, pars. 501 et seq.)(hereinafter

“Water Supply Operator Certification Law”), with all provisions of the Public Water Supply

Operations Act Water Supply Operator Certification Lawcomplied with.

(Source: Amended at 21 Ill. Reg. , effective __________________________.)

Section 603.103

Certified Operator

Each public water supply, unless exempted under Section 603.104, shall have a

certified operator, qualified and registered in accordance with the Public Water

Supply Operations ActWater Supply Operator Certification Law, designated in

responsible charge offor the supply's operation.

The owner or official custodian and the certified operator designated in

responsible charge shall file a signed statement identifying the certified operator

in responsible charge on forms provided by the Agency.

Both the treatment and distribution facilities of each supply must have

responsible personnel indicated.

One properly certified operator may supervise both the treatment and

distribution facilities of the supply.

Completion of the above forms shall indicate acceptance of the duties and

responsibilities for the proper operation and maintenance of the public water

supply facilities by both owner or official custodian and certified operator.

(Source: Amended at 21 Ill. Reg. , effective .)

Section 603.104

Registered Person in Responsible Charge

A public water supply may seek an exemption from the requirement of a

certified operator in responsible charge.

Each public water supply seeking such exemption shall so request in writing to

the Agency.

Each public water supply exempted from the certified operator requirement by

the Agency, pursuant to the Public Water Supply Operations ActWater Supply

Operator Certification Law, shall have either a certified operator or person

registered in accordance with the Public Water Supply Operations ActWater

Supply Operator's Law, designated in responsible charge offor the supply's

operation.

Each public water supply exempted by the Agency and retaining a registered

person in responsible charge shall file with the Agency a signed statement

identifying the registered person in responsible charge on forms provided by the

Agency. Such statement shall also be signed by the registered person in

responsible charge.

Both the treatment and distribution facilities of each supply must have

responsible personnel indicated.

One properly registered person in responsible charge may supervise both

the treatment and distribution facilities of the supply.

Completion of the above forms shall indicate acceptance of the duties and

responsibilities for the proper operation and maintenance of the public water

supply facilities by both owner or official custodian and registered person in

responsible charge.

(Source: Amended at 21 Ill. Reg. , effective __________________________.)

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE F: PUBLIC WATER SUPPLIES

CHAPTER I: POLLUTION CONTROL BOARD

PART 607

OPERATION AND RECORD KEEPING

Section

607.101

Protection During Repair Work (Repealed)

607.102

Disinfection Following Repair or Reconstruction (Repealed)

607.103

Emergency Operation

607.104

Cross Connections

607.105

Laboratory Testing Equipment (Repealed)

607.106

Record Maintenance (Repealed)

Appendix

References to Former Rules (Repealed)

AUTHORITY: Implementing Section 17 and authorized by Section 27 of the Environmental

Protection Act [415 ILCS 5/17 and 27].

SOURCE: Filed with Secretary of State January 1, 1978; amended and codified at 6 Ill. Reg.

11497, effective September 14, 1982; amended in R88-26 at 14 Ill. Reg. 16512, effective

September 20, 1990; amended in R95-17 at 20 Ill. Reg. 14423, effective October 22, 1996;

amended in R96-18 at 21 Ill. Reg. _______, effective ___________________.

Section 607.103

Emergency Operation

Whenever contamination is determined to persist in a public water supply, as

demonstrated by microbiologicalbacteriological analysis results, the owners or

official custodians of the supply shall notify all consumers to boil for five

minutes all water used for drinking or culinary purposes. This boil order shall

remain in effect until microbiologicalbacteriological samples demonstrate that

the water is safe for domestic use, or until appropriate corrective action

approved by the Agency is taken. If the owner or official custodian of the

supply fails to take such action on his own or at the recommendation of the

Agency, the Agency may issue a boil order directly to the consumers affected.

Any emergency which results in water pressures falling below twenty pounds

per square inch on any portion of the distribution system shall be reason for

immediate issuance of a boil order by the owner or official custodian of the

supply to those consumers affected unless:

There is a historical record of adequate chlorine residual and approved

turbidity levels in the general area affected covering at least twelve

monthly readings; .

Samples for bacteriological examination are taken in the affected area

immediately and approximately twelve hours later; and.

Tests for residual chlorine and turbidity taken at not more than hourly

intervals in the affected area for several hours do not vary significantly

from the historical record. If significant decrease in chlorine residual or

increase in turbidity occurs, a boil order shall be issued.

Whenever the safety of a supply is endangered for any reason, including but not

limited to spillage of hazardous substances, the Agency shall be notified

immediately by the owner, official custodian or his authorized representative,

and the supply officials shall take appropriate action to protect the supply. The

owner, official custodian or his authorized representative shall notify all

consumers of appropriate action to protect themselves against any waterborne

hazards. If the owner or official custodian of the supply fails to take such

action on his own or at the recommendation of the Agency, the Agency shall

notify directly the consumers affected.

(Source: Amended at 21 Ill. Reg. , effective ___________________________.)

Section 607.104

Cross Connections

No physical connection shall be permitted between the potable portion of a

supply and any other water supply not of equal or better bacteriological and

chemical quality as determined by inspection and analysis by the Agency,

except as provided for in subsection (d) of this Section.

There shall be no arrangement or connection by which an unsafe substance may

enter a supply.

Control of all cross-connections to a supply is the responsibility of the owner or

official custodian of the supply. If a privately owned water supply source meets

the applicable criteria, it may be connected to a water supply upon approval by

the owner or official custodian and by the Agency. Where such connections are

permitted, it is the responsibility of the public water supply officials to assure

submission from such privately owned water supply source or sources samples

and operating reports as required by 35 Ill. Adm. Code 611605 and 606 as

applicable to the cross-connected source.

The Agency may adopt specific conditions for control of unsafe cross-

connections, which shall be complied with by the supplies of this State, as

applicable. These conditions shall be adopted and/or changed by the Agency as

prescribed in 35 Ill. Adm. Code 602.115.

Each community water supply exempted pursuant to 35 Ill. Adm. Code

603.104103 or Section 17(b) of the Act 604.402 shall provide an active

program approved by the Agency to continually educate and inform water

supply consumers regarding prevention of the entry of contaminants into the

distribution system. Conditions under which the Agency will approve this

active program shall be adopted or changed by the Agency as prescribed in 35

Ill. Adm. Code 602.115.

(Source: Amended at 21 Ill. Reg. , effective ___________________________.)

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

615.101

Purpose

615.102

Definitions

615.103

Incorporations by Reference

615.104

Prohibitions

615.105

General Exceptions

SUBPART B: GROUNDWATER MONITORING REQUIREMENTS

Section

615.201

Applicability

615.202

Compliance Period

615.203

Compliance with Groundwater Standards

615.204

Groundwater Monitoring System

615.205

Groundwater Monitoring Program

615.206

Contaminants to be Monitored

615.207

Sampling Frequency

615.208

Reporting

615.209

Non-Compliance Response Program

615.210

Alternate Non-Compliance Response Program

615.211

Corrective Action Program

SUBPART C: GENERAL CLOSURE AND POST-CLOSURE REQUIREMENTS

Section

615.301

Applicability

615.302

Closure Performance Standard

615.303

Certification of Closure

615.304

Survey Plat

615.305

Post-Closure Notice for Waste Disposal Units

615.306

Certification of Completion of Post-Closure Care

615.307

Post-Closure Care Period

SUBPART D: ON-SITE LANDFILLS

Section

615.401

Applicability

615.402

Required Closure of Units Located Within Minimum Setback Zones

615.403

Required Closure of Units Located Within Maximum Setback Zones

615.404

Required Closure of Units Located Within Regulated Recharge Areas

SUBPART E: ON-SITE LAND TREATMENT UNITS

Section

615.421

Applicability

615.422

Required Closure of Units Located Within Minimum Setback Zones

615.423

Required Closure of Units Located Within Maximum Setback Zones

615.424

Land Treatment of Sludges in Maximum Setback Zones

615.425

Closure and Post-Closure Care

SUBPART F: ON-SITE SURFACE IMPOUNDMENTS

Section

615.441

Applicability

615.442

Required Closure of Units Located Within Minimum Setback Zones

615.443

Required Closure of Units Located Within Maximum Setback Zones

615.444

Groundwater Monitoring

615.445

Inspection Requirements

615.446

Operating Requirements

615.447

Closure and Post-Closure Care

SUBPART G: ON-SITE WASTE PILES

Section

615.461

Applicability

615.462

Required Closure

615.463

Design and Operating Requirements

615.464

Closure

SUBPART H: UNDERGROUND STORAGE TANKS

Section

615.501

Applicability

615.502

Design and Operating Requirements

SUBPART I: PESTICIDE STORAGE AND HANDLING UNITS

Section

615.601

Applicability

615.602

Groundwater Monitoring

615.603

Design and Operating Requirements

615.604

Closure and Post-Closure Care

SUBPART J: FERTILIZER STORAGE AND HANDLING UNITS

Section

615.621

Applicability

615.622

Groundwater Monitoring

615.623

Design and Operating Requirements

615.624

Closure and Post-Closure Care

SUBPART K: ROAD OIL STORAGE AND HANDLING UNITS

Section

615.701

Applicability

615.702

Required Closure of Units Located Within Minimum Setback Zones

615.703

Groundwater Monitoring

615.704

Design and Operating Requirements for Above-Ground Storage Tanks

615.705

Closure

SUBPART L: DE-ICING AGENT STORAGE AND HANDLING UNITS

Section

615.721

Applicability

615.722

Groundwater Monitoring

615.723

Design and Operating Requirements

615.724

Closure

AUTHORITY: Implementing and authorized by Sections 5, 14.4, 21, 22, and 27 of the

Environmental Protection Act [415 ILCS 5/5, 14.4, 21, 22, and 27].

SOURCE: Adopted in R89-5 at 16 Ill. Reg. 1538, effective January 10, 1992; amended in

R92-20 at 17 Ill. Reg. 1871, effective January 28, 1993; amended in R96-18 at 21 Ill. Reg.

, effective __________________________.

SUBPART A: GENERAL

Section 615.102

Definitions

Except as stated in this Section, and unless a different meaning of a word or term is clear from

the context, the definitions of words or terms in this Part shall be the same as those used in the

Act or the Illinois Groundwater Protection Act [415 ILCS 55](Ill. Rev. Stat. 1989, ch. 111

1/2, pars. 7451 et seq.):

"Above-ground storage tank" means a storage tank that is not an underground

storage tank.

"Act" means the Environmental Protection Act [415 ILCS 5(Ill. Rev. Stat.

1989, ch. 111 1/2, pars. 1001 et seq.).

"Agency" means the Illinois Environmental Protection Agency.

"Board" means the Illinois Pollution Control Board.

"Certification" means a statement of professional opinion based upon knowledge

and belief.

"COMMUNITY WATER SUPPLY" MEANS A PUBLIC SUPPLY WHICH

SERVES OR IS INTENDED TO SERVE AT LEAST 15 SERVICE

CONNECTIONS USED BY RESIDENTS OR REGULARLY SERVES AT

LEAST 25 RESIDENTS. (Section 3.05 of the Act)

"Compliance point" means any point in groundwater designated at 35 Ill. Adm.

Code 620.Subpart B as a Class I through III groundwater at which a

contaminant released from the unit could pass underneath the unit boundary.

There may be more than one compliance point for a particular unit.

"Commencement of construction" means that ALL NECESSARY FEDERAL,

STATE, AND LOCAL APPROVALS HAVE BEEN OBTAINED, AND

WORK AT THE SITE HAS BEEN INITIATED AND PROCEEDS IN A

REASONABLY CONTINUOUS MANNER TO COMPLETION. (Section

3.58 of the Act)

"Container" means any portable device (including, but not limited to, 55 gallon

drums) in which material is stored, treated, disposed of or otherwise handled.

The term "container" does not include a vehicle used to transport material.

"Containerized" means being in a container.

"CONTAMINANT" IS ANY SOLID, LIQUID, OR GASEOUS MATTER,

ANY ODOR, OR ANY FORM OF ENERGY, FROM WHATEVER SOURCE.

(Section 3.06 of the Act)

"CONTAMINATION" OR "CONTAMINATE", WHEN USED IN

CONNECTION WITH GROUNDWATER, MEANS WATER POLLUTION

OF SUCH GROUNDWATER. (Section 3.63 of the Act)

"Date of first applicability" means the effective date of this Part for any unit

located within a minimum setback zone, except that:

If a unit is first incorporated into any setback zone by an ordinance or regulation

that establishes a maximum setback zone, the date of first applicability is the

effective date of this Part or the effective date of the ordinance or regulation that

establishes the maximum setback zone, whichever is later; or

If a unit is located in a part of a regulated recharge area that was not previously

part of a setback zone, the date of first applicability is the effective date of the

regulation that establishes the regulated recharge area.

"De-Icing agent" means a chemical used for de-icing, including but not limited

to sodium chloride and calcium chloride. Sand, ashes, or other abrasive

materials that do not alter the freezing point of water are not de-icing agents.

"Detection" means the identification of a contaminant in a sample at a value

equal to or greater than the:

"Method Detection Limit" or "MDL", which means the minimum concentration

of a substance that can be measured as reported with 99 percent confidence that

the true value is greater than zero pursuant to 56 Fed. Reg. 3526-3597;

incorporated by reference at Section 615.103; or

"Method Quantitation Limit" or "MQL", which means the minimum

concentration of a substance that can be measured and reported pursuant to

"Test Methods for Evaluating Solid Wastes, Physical/ Chemical Methods",

incorporated by reference at Section 615.103.

"Dike" means an embankment or ridge of either natural or manmade materials

used to prevent the movement of liquids, sludges, solids, or other materials.

"Discharge" means the accidental or intentional spilling, leaking, pumping,

pouring, emitting, emptying or dumping of any material onto or on any land or

water.

"DISPOSAL" MEANS THE DISCHARGE, DEPOSIT, INJECTION,

DUMPING, SPILLAGE, LEAKING OR PLACING OF ANY WASTE OR

HAZARDOUS WASTE INTO OR ON ANY LAND OR WATER OR INTO

ANY WELL SO THAT SUCH WASTE OR HAZARDOUS WASTE OR ANY

CONSTITUENT THEREOF MAY ENTER THE ENVIRONMENT OR BE

EMITTED INTO THE AIR OR DISCHARGED INTO ANY WATERS,

INCLUDING GROUNDWATERS. (Section 3.08 of the Act)

"Existing unit" means a unit that was in operation or for which there is

commencement of construction on or before the date of first applicability,

except that a unit is not an existing unit if the unit:

Expands laterally beyond the currently permitted boundary, or the unit boundary

if the unit is not permitted, in existence after the date of first applicability; or

Is part of a facility that undergoes major reconstruction after the date of first

applicability; or

Reopens at any time after having submitted a certification of closure to the

Agency.

"Facility" means all contiguous land and structures, other appurtenances and

improvements on the land used for the treating, storing, handling, or disposal of

any material which causes that unit to be regulated under this Part. A facility

may consist of one or more units.

"Freeboard" means the vertical distance between the top of a tank or dike and

the surface of the material contained therein.

"Free liquids" means liquids which readily separate from the solid portion of a

waste under ambient temperature and pressure. To demonstrate the absence or

presence of free liquids in either a containerized or a bulk waste, the following

test must be used: Method 9095 (Paint Filter Liquids Test) as described in

"Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods"

(EPA Publication No. SW-846), incorporated by reference at Section 615.103.

"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. (Section 3.64 of the Act)

"Groundwater standards" means the water quality standards for groundwater

adopted by the Board under Section 8 of the Illinois Groundwater Protection Act

[415 ILCS 55](Ill. Rev. Stat. 1989, ch. 111 1/2, par. 7458) and found at 35 Ill.

Adm. Code 620.

"HAZARDOUS WASTE" MEANS A WASTE, OR COMBINATION OF

WASTES, WHICH BECAUSE OF ITS QUANTITY, CONCENTRATION,

OR PHYSICAL, CHEMICAL, OR INFECTIOUS CHARACTERISTICS MAY

CAUSE OR SIGNIFICANTLY CONTRIBUTE TO AN INCREASE IN

MORTALITY OR AN INCREASE IN SERIOUS, IRREVERSIBLE, OR

INCAPACITATING REVERSIBLE, ILLNESS; OR POSE A SUBSTANTIAL

PRESENT OR POTENTIAL HAZARD TO HUMAN HEALTH OR THE

ENVIRONMENT WHEN IMPROPERLY TREATED, STORED,

TRANSPORTED, OR DISPOSED OF, OR OTHERWISE MANAGED, AND

WHICH HAS BEEN IDENTIFIED, BY CHARACTERISTICS OR LISTING,

AS HAZARDOUS PURSUANT 35 Ill. Adm. Code 721. (Section 3.15 of the

Act)

"Incompatible material" means a material which may:

Cause corrosion or decay of containment materials (e.g., container inner

liners or tank walls); or

When commingled with another material, produces heat or pressure,

fire, explosion, violent reaction, toxic dusts, mists, fumes or gases, or

flammable fumes or gases.

"Landfill" means a unit or part of a facility in or on which waste is placed and

accumulated over time for disposal, and which is not a land application unit, a

surface impoundment or an underground injection well.

"LANDSCAPE WASTE" MEANS ALL ACCUMULATIONS OF GRASS OR

SHRUBBERY CUTTINGS, LEAVES, TREE LIMBS AND OTHER

MATERIALS ACCUMULATED AS THE RESULT OF THE CARE OF

LAWNS, SHRUBBERY, VINES AND TREES. (Section 3.20 of the Act)

"Land application unit" means an area where wastes are agronomically spread

over or disked into land or otherwise applied so as to become incorporated into

the soil surface.

"Land treatment" means the application of waste onto or incorporation of waste

into the soil surface. For the purposes of this Part a land application unit is a

land treatment unit.

"Leachate" means any liquid, including suspended components in the liquid,

that has percolated through or drained from a material.

"Licensed water well contractor" means a person licensed under the Water Well

and Pump Installation Contractor's License Act [225 ILCS 345](Ill. Rev. Stat.

1989, ch. 111, pars. 7101 et seq.).

"Liner" means a continuous layer of natural or manmade materials beneath or

on the side of a surface impoundment, landfill, landfill cell, waste pile, or

storage

pile which restricts the downward or lateral escape of waste, waste constituents,

leachate or stored materials.

"Major reconstruction" means commencement of construction at a facility where

the fixed capital cost of the new components constructed within a 2-year period

exceeds 50% of the fixed capital cost of a comparable entirely new facility.

New components do not include any new components necessary for compliance

with this Part.

"New unit" means a unit that is not an existing unit.

"NON-COMMUNITY WATER SUPPLY" MEANS A PUBLIC WATER

SUPPLY THAT IS NOT A COMMUNITY WATER SUPPLY. (Section 3.05

of the Act)

"Non-special waste" means a waste that is not a special waste.

"Off-site" means not on-site.

"On-site", "on the site", or "on the same site" means the same or geographically

contiguous property which may be divided by public or private right-of-way,

provided the entrance and exit between the properties is at a crossroads

intersection and access is by crossing as opposed to going along the

right-of-way. Noncontiguous properties owned by the same person but

connected by a right-of-way which he controls and to which the public does not

have access is also considered on-site property.

"Operator" means the person responsible for the operation of a site, facility or

unit.

"Owner" means the person who owns a site, facility or unit or part of a site,

facility or unit, or who owns the land on which the site, facility or unit is

located.

"PESTICIDE" MEANS ANY SUBSTANCE OR MIXTURE OF

SUBSTANCES INTENDED FOR PREVENTING, DESTROYING,

REPELLING, OR MITIGATING ANY PEST OR ANY SUBSTANCE OR

MIXTURE OF SUBSTANCES INTENDED FOR USE AS A PLANT

REGULATOR, DEFOLIANT OR DESICCANT. (Section 3.71 of the Act)

"Pile" means any noncontainerized accumulation of solid, non-flowing material

that is used for treatment, storage or disposal.

"POTABLE" MEANS GENERALLY FIT FOR HUMAN CONSUMPTION IN

ACCORDANCE WITH ACCEPTED WATER SUPPLY PRINCIPLES AND

PRACTICES. (Section 3.65 of the Act)

"Practical Quantitation Limit" or "PQL" means the lowest concentration or

level that can be reliably measured within specified limits of precision and

accuracy during routine laboratory operating conditions in accordance with

"Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA

Publication SW-846, incorporated by reference at Section 615.103.

"PUBLIC WATER SUPPLY" MEANS ALL MAINS, PIPES AND

STRUCTURES THROUGH WHICH WATER IS OBTAINED AND

DISTRIBUTED TO THE PUBLIC, INCLUDING WELLS AND WELL

STRUCTURES, INTAKES AND CRIBS, PUMPING STATIONS,

TREATMENT PLANTS, RESERVOIRS, STORAGE TANKS AND

APPURTENANCES, COLLECTIVELY OR SEVERALLY, ACTUALLY

USED OR INTENDED FOR USE FOR THE PURPOSE OF FURNISHING

WATER FOR DRINKING OR GENERAL DOMESTIC USE AND WHICH

SERVE AT LEAST 15 SERVICE CONNECTIONS OR WHICH

REGULARLY SERVE AT LEAST 25 PERSONS AT LEAST 60 DAYS PER

YEAR. A PUBLIC WATER SUPPLY IS EITHER A "COMMUNITY

WATER SUPPLY" OR A "NON-COMMUNITY WATER SUPPLY".

(Section 3.28 of the Act)

"Reactive material" means a material which meets one or more of the following

criteria:

It is normally unstable and readily undergoes violent change without

detonating;

It reacts violently with water;

It forms potentially explosive mixtures with water;

When mixed with water, it generates toxic gases, vapors, or fumes in a

quantity sufficient to present a danger to human health or the

environment;

It is capable of detonation or explosive reaction if it is subject to a strong

initiating source, or if heated under confinement;

It is readily capable of detonation or explosive decomposition or reaction

at standard temperature and pressure; or

It is a forbidden explosive as defined in 49 CFR 173 incorporated by

reference at Section 615.103, or a Class A explosive as defined in 49

CFR 173.53 or a Class B explosive as defined in 49 CFR 173.88.

"Registered land surveyor" means a person registered under the Illinois

Professional Land Surveyors Act of 1989 [225 ILCS 330](Ill. Rev. Stat. 1989,

ch. 111, pars. 3201 et seq.).

"Registered professional engineer" means a person registered under the Illinois

Professional Engineering Practice Act of 1989 [225 ILCS 325](Ill. Rev. Stat.

1989, ch. 111, pars. 5101 et seq.).

"REGULATED RECHARGE AREA" MEANS A COMPACT GEOGRAPHIC

AREA, AS DETERMINED BY THE BOARD pursuant to Section 17.4 of the

Act, THE GEOLOGY OF WHICH RENDERS A POTABLE RESOURCE

GROUNDWATER PARTICULARLY SUSCEPTIBLE TO

CONTAMINATION. (Section 3.67 of the Act)

"Road oil" means slow-curing asphaltic oils which show no separation on

standing and which are used for road construction, maintenance or repair.

"Runoff" means any rainwater, leachate or other liquid that drains over land

from any part of a facility.

"Run-on" means any rainwater, leachate or other liquid that drains over land

onto any part of a facility.

"Secondary containment structure" means any structure or basin intended to

contain spills and prevent runoff or leaching from piles, containers, or tanks and

related piping.

"SETBACK ZONE" MEANS A GEOGRAPHIC AREA, DESIGNATED

PURSUANT TO THIS ACT, CONTAINING A POTABLE WATER SUPPLY

WELL OR A POTENTIAL SOURCE OR POTENTIAL ROUTE HAVING A

CONTINUOUS BOUNDARY, AND WITHIN WHICH CERTAIN

PROHIBITIONS OR REGULATIONS ARE APPLICABLE IN ORDER TO

PROTECT GROUNDWATERS. (Section 3.61 of the Act)

"SITE" MEANS ANY LOCATION, PLACE, TRACT OF LAND, AND

FACILITIES, INCLUDING BUT NOT LIMITED TO BUILDINGS, AND

IMPROVEMENTS USED FOR PURPOSES SUBJECT TO REGULATION

OR CONTROL BY THIS ACT OR REGULATIONS THEREUNDER.

(Section 3.43 of the Act)

"SLUDGE" MEANS ANY SOLID, SEMI-SOLID, OR LIQUID WASTE

GENERATED FROM A MUNICIPAL, COMMERCIAL, OR INDUSTRIAL

WASTEWATER TREATMENT PLANT, WATER SUPPLY TREATMENT

PLANT, OR AIR POLLUTION CONTROL FACILITY OR ANY OTHER

SUCH WASTE HAVING SIMILAR CHARACTERISTICS AND EFFECTS.

(Section 3.44 of the Act)

"SPECIAL WASTE" MEANS ANY INDUSTRIAL PROCESS WASTE,

POLLUTION CONTROL WASTE OR HAZARDOUS WASTE, EXCEPT AS

DETERMINED PURSUANT TO SECTION 22.9 OF the Act and 35 Ill. Adm.

Code 808. (Section 3.45 of the Act)

"STORAGE" means the holding or containment of a material, either on a

temporary basis or for a period of years, in such manner as not to constitute

disposal of such material.

"Surface impoundment" means a natural topographical depression, man-made

excavation, or diked area that is designed to hold liquid wastes or wastes

containing free liquids.

"Surface water" means all waters that are open to the atmosphere.

"Tank" means a stationary device, designed to contain an accumulation of

material which is constructed of non-earthen materials (e.g., wood, concrete,

steel, plastic) which provide structural support. The term "tank" does not

include areas used to accumulate materials prior to pumping to tanks or

containers (i.e., sump pits) or associated piping. The term "tank" does not

include vehicles used to transport material.

"Treatment" means any method, technique or process, including neutralization,

designed to change the physical, chemical or biological character or composition

of any material so as to neutralize such material, or so as to recover energy or

material resources from the material or so as to render such material

nonhazardous or less hazardous, safer to transport, store or dispose of, or

amenable for recovery, amenable for storage or reduced in volume.

"Underground storage tank" means a storage tank as defined at 35 Ill. Adm.

Code 731.101(f).

"UNIT" MEANS ANY DEVICE, MECHANISM, EQUIPMENT, OR AREA

(EXCLUSIVE OF LAND UTILIZED ONLY FOR AGRICULTURAL

PRODUCTION). (Section 3.62 of the Act)

"Unit boundary" means a line at the land's surface circumscribing the area on

which, above which or below which waste, pesticides, fertilizers, road oils or

de-icing agents will be placed during the active life of the facility. The space

taken up by any liner, dike or other barrier designed to contain waste,

pesticides, fertilizers, road oils or de-icing agents falls within the unit boundary.

"WASTE" MEANS ANY GARBAGE, SLUDGE FROM A WASTE

TREATMENT PLANT, WATER SUPPLY TREATMENT PLANT, OR AIR

POLLUTION CONTROL FACILITY OR OTHER DISCARDED MATERIAL,

INCLUDING SOLID, LIQUID, SEMI-SOLID, OR CONTAINED GASEOUS

MATERIAL RESULTING FROM INDUSTRIAL, COMMERCIAL, MINING

AND AGRICULTURAL OPERATIONS, AND FROM COMMUNITY

ACTIVITIES, BUT DOES NOT INCLUDE:

INDUSTRIAL DISCHARGES WITH NPDES PERMITS ISSUED

PURSUANT TO 35 ILL. ADM. CODE 309;

SOURCE, SPENT NUCLEAR, OR BY-PRODUCT MATERIALS AS

DEFINED BY THE ATOMIC ENERGY ACT OF 1954 (42 U.S.C.

2014);

ANY SOLID OR DISSOLVED MATERIAL FROM ANY MATERIAL

SUBJECT TO 62 ILL. ADM. CODE 1700 THROUGH 1850. (Section

3.53 of the Act)

"Waste pile" means a pile consisting of waste that has a total volume greater

than 10 cubic yards or within which the waste remains for more than 90 days.

"WATERS" MEANS ALL ACCUMULATIONS OF WATER, SURFACE

AND UNDERGROUND, NATURAL AND ARTIFICIAL, PUBLIC AND

PRIVATE, OR PARTS THEREOF, WHICH ARE WHOLLY OR PARTLY

WITHIN, FLOW THROUGH, OR BORDER UPON THIS STATE. (Section

3.56 of the Act)

"WELL" MEANS A BORED, DRILLED OR DRIVEN SHAFT, OR DUG

HOLE, THE DEPTH OF WHICH IS GREATER THAN THE LARGEST

SURFACE DIMENSION. (Section 3.57 of the Act)

(Source: Amended at 21 Ill. Reg. , effective _________________________________.)

SUBPART B: GROUNDWATER MONITORING REQUIREMENTS

Section 615.204

Groundwater Monitoring System

Except as provided otherwise in subsection (b) of this Section, the groundwater

monitoring system must consist of a sufficient number of wells, installed at

appropriate locations and depths to yield groundwater samples, that:

Represent the quality of background water that has not been affected by

contamination from the facility or unit; and

Represent the quality of groundwater at the compliance point or points.

If a potable water well or other water well can be used as a monitoring well

pursuant to this subsection, no additional monitoring wells are required under

this Section. A potable water well or other water well may be used as a

monitoring well if:

For a potable water well other than a community water supply well, a

construction report has been filed with the Illinois Department of Public

Health for such well, or such well has been located and constructed (or

reconstructed) to meet the Illinois Water Well Construction Code [415

ILCS 30](Ill. Rev. Stat. 1989, ch. 111 1/2, pars. 116.111 et seq.) and

35 Ill. Adm. Code 920;

For a water well other than a potable water well (e.g., a livestock

watering well or an irrigation well), the owner or operator of the unit

seeking to use the well as a monitoring well certifies to the Agency that

a construction report has been filed with the Illinois Department of

Public Health or the Illinois Department of Mines and Minerals for such

well, or that such well has been located and constructed (or

reconstructed) to meet the Illinois Water Well Construction Code [415

ILCS 30](Ill. Rev. Stat. 1989, ch. 111 1/2, pars. 116.111 et seq.) and

35 Ill. Adm. Code 920; and

The unit contains solely non-special waste if the unit is a surface

impoundment.

If a facility contains more than one unit, separate groundwater monitoring

systems are not required for each unit, provided that provisions for sampling the

groundwater will enable detection and measurement of contaminants that have

entered the groundwater from all units.

All monitoring wells must meet the following requirements:

Construction must be done in a manner that will enable the collection of

groundwater samples;

Casings and screens must be made from durable material that is resistant

to expected chemical or physical degradation and that does not interfere

with the quality of groundwater samples being collected; and

The annular space opposite the screened section of the well (i.e., the

space between the bore hole and well screen) must be filled with gravel

or sand if necessary to collect groundwater samples. The annular space

above and below the well screen must be sealed to prevent migration of

water from overlying adjacent formations and the surface to the sampled

depth.

(Source: Amended at 21 Ill. Reg. , effective __________________________.)

SUBPART G: ON-SITE WASTE PILES

Section 615.462

Required Closure

A waste pile is deemed to be a landfill and thereby subject to the closure requirements of

Subpart DE unless the operator can demonstrate to the Agency that the wastes are not

accumulated over time for disposal. At the minimum, such demonstration shall include

photographs, records, or other observable or discernible information, maintained on a yearly

basis, that show that within the preceding year the waste has been removed for utilization or

disposed elsewhere.

(Source: Amended at 21 Ill. Reg. , effective __________________________.)

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

616.101

Purpose

616.102

Definitions

616.104

Exceptions to Prohibitions

616.105

General Exceptions

SUBPART B: GROUNDWATER MONITORING REQUIREMENTS

Section

616.201

Applicability

616.202

Compliance Period

616.203

Compliance With Groundwater Standards

616.204

Groundwater Monitoring System

616.205

Groundwater Monitoring Program

616.206

Reporting

616.207

Determining Background Values and Maximum Allowable Results ("MARs")

616.208

Continued Sampling

616.209

Preventive Notification and Preventive Response

616.210

Corrective Action Program

616.211

Alternative Corrective Action Demonstration

SUBPART C: GENERAL CLOSURE AND POST-CLOSURE REQUIREMENTS

Section

616.301

Applicability

616.302

Closure Performance Standard

616.303

Certification of Closure

616.304

Survey Plat

616.305

Post-Closure Notice for Waste Disposal Units

616.306

Certification of Completion of Post-Closure Care

616.307

Post-Closure Care Period

SUBPART D: ON-SITE LANDFILLS

Section

616.401

Applicability

616.402

Prohibitions

SUBPART E: ON-SITE LAND TREATMENT UNITS

Section

616.421

Applicability

616.422

Prohibitions

616.423

Groundwater Monitoring

616.424

Design and Operating Requirements

616.425

Closure and Post-Closure Care

SUBPART F: ON-SITE SURFACE IMPOUNDMENTS

Section

616.441

Applicability

616.442

Prohibitions

616.443

Groundwater Monitoring

616.444

Design Requirements

616.445

Inspection Requirements

616.446

Operating Requirements

616.447

Closure and Post-Closure Care

SUBPART G: ON-SITE WASTE PILES

Section

616.461

Applicability

616.462

Prohibitions

616.463

Design and Operating Requirements

616.464

Closure

SUBPART H: UNDERGROUND STORAGE TANKS

Section

616.501

Applicability

616.502

Design and Operating Requirements

SUBPART I: PESTICIDE STORAGE AND HANDLING UNITS

Section

616.601

Applicability

616.602

Prohibitions

616.603

Groundwater Monitoring

616.604

Design and Operating Requirements

616.605

Closure and Post-Closure Care

SUBPART J: FERTILIZER STORAGE AND HANDLING UNITS

Section

616.621

Applicability

616.622

Prohibitions

616.623

Groundwater Monitoring

616.624

Design and Operating Requirements

616.625

Closure and Post-Closure Care

SUBPART K: ROAD OIL STORAGE AND HANDLING UNITS

Section

616.701

Applicability

616.702

Prohibitions

616.703

Groundwater Monitoring

616.704

Design and Operating Requirements for Above-Ground Storage Tanks

616.705

Closure

SUBPART L: DE-ICING AGENT STORAGE AND HANDLING UNITS

Section

616.721

Applicability

616.722

Prohibitions

616.723

Groundwater Monitoring

616.724

Design and Operating Requirements for Indoor Storage Facilities

616.725

Closure

AUTHORITY: Implementing Sections 5, 14.4, 21, and 22, and authorized by Section 27, of

the Environmental Protection Act [415 ILCS 5/5, 14.4, 21, 22, 27].

SOURCE: Adopted in R89-5 at 16 Ill. Reg. 1592, effective January 10, 1992; amended in

R89-14(C) at 16 Ill. Reg. 14676, effective September 11, 1992; amended in R92-20 at 17 Ill.

Reg. 1878, effective January 28, 1993; amended in R96-18 at 21 Ill. Reg. , effective

______________________________.

SUBPART A: GENERAL

Section 616.101

Purpose

This Part prescribes requirements and standards for the protection of groundwater for certain

types of new facilities or units located wholly or partially within a setback zone regulated by

the Act or within a regulated recharge area as delineated pursuant to Section 17.4 of the

Illinois Environmental Protection Act (Act) [415 ILCS 5](Ill. Rev. Stat. 1989, ch. 111 1/2,

pars. 1001 et seq.).

(Source: Amended at 21 Ill. Reg. , effective ______________________ .)

Section 616.102

Definitions

Except as stated in this Section, and unless a different meaning of a word or term is clear from

the context, the definitions of words or terms in this Part shall be the same as those used in 35

Ill. Adm. Code 615.102, the Act, or the Illinois Groundwater Protection Act [415 ILCS

55](Ill. Rev. Stat. 1989, ch. 111 1/2, pars. 7451 et seq.).

"NEW POTENTIAL PRIMARY SOURCE" MEANS:

A POTENTIAL PRIMARY SOURCE WHICH IS NOT IN

EXISTENCE OR FOR WHICH CONSTRUCTION HAS NOT

COMMENCED AT ITS LOCATION AS OF JANUARY 1, 1988; OR

A POTENTIAL PRIMARY SOURCE WHICH EXPANDS

LATERALLY BEYOND THE CURRENTLY PERMITTED

BOUNDARY OR, IF THE PRIMARY SOURCE IS NOT

PERMITTED, THE BOUNDARY IN EXISTENCE AS OF JANUARY

1, 1988; OR

A POTENTIAL PRIMARY SOURCE WHICH IS PART OF A

FACILITY THAT UNDERGOES MAJOR RECONSTRUCTION.

SUCH RECONSTRUCTION SHALL BE DEEMED TO HAVE

TAKEN PLACE WHERE THE FIXED CAPITAL COST OF THE

NEW COMPONENTS CONSTRUCTED WITHIN A 2-YEAR PERIOD

EXCEED 50% OF THE FIXED CAPITAL COST OF A

COMPARABLE ENTIRELY NEW FACILITY.

(Section 3.59 of the Act)

"NEW POTENTIAL ROUTE" MEANS:

A POTENTIAL ROUTE WHICH IS NOT IN EXISTENCE OR FOR

WHICH CONSTRUCTION HAS NOT COMMENCED AT ITS

LOCATION AS OF JANUARY 1, 1988, OR

A POTENTIAL ROUTE WHICH EXPANDS LATERALLY BEYOND

THE CURRENTLY PERMITTED BOUNDARY OR, IF THE

POTENTIAL ROUTE IS NOT PERMITTED, THE BOUNDARY IN

EXISTENCE AS OF JANUARY 1, 1988.

(Section 3.58 of the Act)

"NEW POTENTIAL SECONDARY SOURCE" MEANS:

A POTENTIAL SECONDARY SOURCE WHICH IS NOT IN

EXISTENCE OR FOR WHICH CONSTRUCTION HAS NOT

COMMENCED AT ITS LOCATION AS OF JULY 1, 1988; OR

A POTENTIAL SECONDARY SOURCE WHICH EXPANDS

LATERALLY BEYOND THE CURRENTLY PERMITTED

BOUNDARY OR, IF THE SECONDARY SOURCE IS NOT

PERMITTED, THE BOUNDARY IN EXISTENCE AS OF JULY 1,

1988, OTHER THAN AN EXPANSION FOR HANDLING OF

LIVESTOCK WASTE OR FOR TREATING DOMESTIC

WASTEWATERS; OR

A POTENTIAL SECONDARY SOURCE WHICH IS PART OF A

FACILITY THAT UNDERGOES MAJOR RECONSTRUCTION.

SUCH RECONSTRUCTION SHALL BE DEEMED TO HAVE

TAKEN PLACE WHERE THE FIXED CAPITAL COST OF THE

NEW COMPONENTS CONSTRUCTED WITHIN A 2-YEAR PERIOD

EXCEED 50% OF THE FIXED CAPITAL COST OF A

COMPARABLE ENTIRELY NEW FACILITY.

(Section 3.60 of the Act)

"POTENTIAL PRIMARY SOURCE" MEANS ANY UNIT AT A FACILITY

OR SITE NOT CURRENTLY SUBJECT TO A REMOVAL OR REMEDIAL

ACTION WHICH:

IS UTILIZED FOR THE TREATMENT, STORAGE, OR DISPOSAL

OF ANY HAZARDOUS OR SPECIAL WASTE NOT GENERATED

AT THE SITE; OR

IS UTILIZED FOR THE DISPOSAL OF MUNICIPAL WASTE NOT

GENERATED AT THE SITE, OTHER THAN LANDSCAPE WASTE

AND CONSTRUCTION AND DEMOLITION DEBRIS; OR

IS UTILIZED FOR THE LANDFILLING, LAND TREATING,

SURFACE IMPOUNDING OR PILING OF ANY HAZARDOUS OR

SPECIAL WASTE THAT IS GENERATED ON THE SITE OR AT

OTHER SITES OWNED, CONTROLLED OR OPERATED BY THE

SAME PERSON; OR

STORES OR ACCUMULATES AT ANY TIME MORE THAN 75,000

POUNDS ABOVE GROUND, OR MORE THAN 7,500 POUNDS

BELOW GROUND, OF ANY HAZARDOUS SUBSTANCES.

(Section 3.59 of the Act)

"POTENTIAL ROUTE" MEANS ABANDONED AND IMPROPERLY

PLUGGED WELLS OF ALL KINDS, DRAINAGE WELLS, ALL

INJECTION WELLS, INCLUDING CLOSED LOOP HEAT PUMP WELLS,

AND ANY EXCAVATION FOR THE DISCOVERY, DEVELOPMENT OR

PRODUCTION OF STONE, SAND OR GRAVEL. (Section 3.58 of the Act)

"POTENTIAL SECONDARY SOURCE" MEANS ANY UNIT AT A

FACILITY OR A SITE NOT CURRENTLY SUBJECT TO A REMOVAL OR

REMEDIAL ACTION, OTHER THAN A POTENTIAL PRIMARY SOURCE,

WHICH:

IS UTILIZED FOR THE LANDFILLING, LAND TREATING, OR

SURFACE IMPOUNDING OF WASTE THAT IS GENERATED ON

THE SITE OR AT OTHER SITES OWNED, CONTROLLED OR

OPERATED BY THE SAME PERSON, OTHER THAN LIVESTOCK

AND LANDSCAPE WASTE, AND CONSTRUCTION AND

DEMOLITION DEBRIS; OR

STORES OR ACCUMULATES AT ANY TIME MORE THAN 25,000

BUT NOT MORE THAN 75,000 POUNDS ABOVE GROUND, OR

MORE THAN 2,500 BUT NOT MORE THAN 7,500 POUNDS

BELOW GROUND, OF ANY HAZARDOUS SUBSTANCES; OR

STORES OR ACCUMULATES AT ANY TIME MORE THAN 25,000

GALLONS ABOVE GROUND, OR MORE THAN 500 GALLONS

BELOW GROUND, OF PETROLEUM, INCLUDING CRUDE OIL

OR ANY FRACTION THEREOF WHICH IS NOT OTHERWISE

SPECIFICALLY LISTED OR DESIGNATED AS A HAZARDOUS

SUBSTANCE; OR

STORES OR ACCUMULATES PESTICIDES, FERTILIZERS, OR

ROAD OILS FOR PURPOSES OF COMMERCIAL APPLICATION

OR FOR DISTRIBUTION TO RETAIL SALES OUTLETS; OR

STORES OR ACCUMULATES AT ANY TIME MORE THAN 50,000

POUNDS OF ANY DE-ICING AGENT; OR

IS UTILIZED FOR HANDLING LIVESTOCK WASTE OR FOR

TREATING DOMESTIC WASTEWATERS OTHER THAN PRIVATE

SEWAGE DISPOSAL SYSTEMS AS DEFINED IN THE PRIVATE

SEWAGE DISPOSAL LICENSING ACT [225 ILCS 225](Ill. Rev. Stat.

1989, ch. 111 1/2, par. 116.301 et seq.)

(Section 3.60 of the Act)

(Source: Amended at 21 Ill. Reg. , effective _____________________ .)

Section 616.104

Exceptions to Prohibitions

THE OWNER OF A NEW POTENTIAL PRIMARY SOURCE OR A

POTENTIAL SECONDARY SOURCE MAY SECURE A WAIVER FROM

THE prohibitions specified in Sections 616.402(a), 616.422(a), 616.442,

616.462(a), 616.602, 616.622, 616.702 or 616.722(a) against construction or

operation within the setback zone FOR A POTABLE WATER SUPPLY WELL

OTHER THAN A COMMUNITY WATER SUPPLY. A WRITTEN

REQUEST FOR A WAIVER SHALL BE MADE TO THE OWNER OF THE

WATER WELL AND THE AGENCY. SUCH REQUEST SHALL IDENTIFY

THE

NEW OR PROPOSED POTENTIAL SOURCE, SHALL GENERALLY

DESCRIBE THE POSSIBLE EFFECT OF SUCH POTENTIAL SOURCE

UPON THE WATER WELL AND ANY APPLICABLE TECHNOLOGY-

BASED CONTROL WHICH WILL BE UTILIZED TO MINIMIZE THE

POTENTIAL FOR CONTAMINATION, AND SHALL STATE WHETHER,

AND UNDER WHAT CONDITIONS, THE REQUESTOR WILL PROVIDE

AN ALTERNATIVE POTABLE WATER SUPPLY. WAIVER MAY BE

GRANTED BY THE OWNER OF THE WATER WELL NO LESS THAN 90

DAYS AFTER RECEIPT UNLESS PRIOR TO SUCH TIME THE AGENCY

NOTIFIES THE WELL OWNER THAT IT DOES NOT CONCUR WITH

THE REQUEST. (Section 14.2(b) of the Act)

THE AGENCY SHALL NOT CONCUR WITH ANY SUCH REQUEST

WHICH FAILS TO ACCURATELY DESCRIBE REASONABLY

FORESEEABLE EFFECTS OF THE POTENTIAL SOURCE OR

POTENTIAL ROUTE UPON THE WATER WELL OR ANY APPLICABLE

TECHNOLOGY-BASED CONTROLS. SUCH NOTIFICATION BY THE

AGENCY SHALL BE IN WRITING, AND SHALL INCLUDE A

STATEMENT OF REASONS FOR THE NONCONCURRENCE. WAIVER

OF THE MINIMUM SETBACK ZONE SHALL EXTINGUISH THE WATER

WELL OWNER'S RIGHTS UNDER SECTION 6b OF THE ILLINOIS

WATER WELL CONSTRUCTION CODE BUT SHALL NOT PRECLUDE

ENFORCEMENT OF ANY LAW REGARDING WATER POLLUTION. IF

THE OWNER OF THE WATER WELL HAS NOT GRANTED A WAIVER

WITHIN 120 DAYS AFTER RECEIPT OF THE REQUEST OR THE

AGENCY HAS NOTIFIED THE OWNER THAT IT DOES NOT CONCUR

WITH THE REQUEST, THE OWNER OF A POTENTIAL SOURCE OR

POTENTIAL ROUTE MAY FILE A PETITION FOR AN EXCEPTION

WITH THE BOARD AND THE AGENCY PURSUANT TO subsection (b) OF

THIS SECTION. (Section 14.2(b) of the Act)

NO WAIVER UNDER THIS SECTION IS REQUIRED WHERE THE

POTABLE WATER SUPPLY WELL IS PART OF A PRIVATE WATER

SYSTEM AS DEFINED IN THE ILLINOIS GROUNDWATER

PROTECTION ACT, AND THE OWNER OF SUCH WELL WILL ALSO BE

THE OWNER OF A NEW POTENTIAL SECONDARY SOURCE OR A

POTENTIAL ROUTE. IN SUCH INSTANCES, A PROHIBITION OF 75

FEET SHALL APPLY AND THE OWNER SHALL NOTIFY THE AGENCY

OF THE INTENDED ACTION SO THAT THE AGENCY MAY PROVIDE

INFORMATION REGARDING THE POTENTIAL HAZARDS

ASSOCIATED WITH LOCATION OF A POTENTIAL SECONDARY

SOURCE OR POTENTIAL ROUTE IN CLOSE PROXIMITY TO A

POTABLE WATER SUPPLY WELL. (Section 14.2(b) of the Act)

THE BOARD MAY GRANT AN EXCEPTION FROM THE SETBACK

REQUIREMENTS OF THIS SECTION AND SECTION 14.3 TO THE

OWNER OF A NEW POTENTIAL PRIMARY SOURCE OTHER THAN

LANDFILLING OR LAND TREATING, OR A NEW POTENTIAL

SECONDARY SOURCE. THE OWNER SEEKING AN EXCEPTION WITH

RESPECT TO A COMMUNITY WATER SUPPLY WELL SHALL FILE A

PETITION WITH THE BOARD AND THE AGENCY. THE OWNER

SEEKING AN EXCEPTION WITH RESPECT TO A POTABLE WATER

SUPPLY WELL SHALL FILE A PETITION WITH THE BOARD AND THE

AGENCY, AND SET FORTH THEREIN THE CIRCUMSTANCES UNDER

WHICH A WAIVER HAS BEEN SOUGHT BUT NOT OBTAINED

PURSUANT TO subsection (a) OF THIS SECTION. A PETITION SHALL

BE ACCOMPANIED BY PROOF THAT THE OWNER OF EACH POTABLE

WATER SUPPLY WELL FOR WHICH SETBACK REQUIREMENTS

WOULD BE AFFECTED BY THE REQUESTED EXCEPTION HAS BEEN

NOTIFIED AND BEEN PROVIDED WITH A COPY OF THE PETITION. A

PETITION SHALL SET FORTH SUCH FACTS AS MAY BE REQUIRED

TO SUPPORT AN EXCEPTION, INCLUDING A GENERAL DESCRIPTION

OF THE POTENTIAL IMPACTS OF SUCH POTENTIAL SOURCE OR

POTENTIAL ROUTE UPON GROUNDWATERS AND THE AFFECTED

WATER WELL, AND AN EXPLANATION OF THE APPLICABLE

TECHNOLOGY-BASED CONTROLS WHICH WILL BE UTILIZED TO

MINIMIZE THE POTENTIAL FOR CONTAMINATION OF THE POTABLE

WATER SUPPLY WELL. (Section 14.2(c) of the Act)

THE BOARD SHALL GRANT AN EXCEPTION, WHENEVER IT IS

FOUND UPON PRESENTATION OF ADEQUATE PROOF, THAT

COMPLIANCE WITH THE SETBACK REQUIREMENTS OF THIS

SECTION WOULD POSE AN ARBITRARY AND UNREASONABLE

HARDSHIP UPON THE PETITIONER, THAT THE PETITIONER WILL

UTILIZE THE BEST AVAILABLE TECHNOLOGY CONTROLS

ECONOMICALLY ACHIEVABLE TO MINIMIZE THE LIKELIHOOD OF

CONTAMINATION OF THE POTABLE WATER SUPPLY WELL, THAT

THE MAXIMUM

FEASIBLE ALTERNATIVE SETBACK WILL BE UTILIZED, AND THAT

THE LOCATION OF SUCH POTENTIAL SOURCE OR POTENTIAL

ROUTE

WILL NOT CONSTITUTE A SIGNIFICANT HAZARD TO THE POTABLE

WATER SUPPLY WELL. (Section 14.2(c) of the Act)

A DECISION MADE BY THE BOARD PURSUANT TO THIS SUBSECTION

SHALL CONSTITUTE A FINAL DETERMINATION. (Section 14.2(c) of the

Act)

THE GRANTING OF AN EXCEPTION BY THE BOARD SHALL NOT

EXTINGUISH THE WATER WELL OWNER'S RIGHTS UNDER SECTION

6b OF THE ILLINOIS WATER WELL CONSTRUCTION CODE IN

INSTANCES WHERE THE OWNER HAS ELECTED NOT TO PROVIDE A

WAIVER PURSUANT TO subsection (a) OF THIS SECTION. (Section

14.2(ca) of the Act)

(Source: Amended at 21 Ill. Reg. , effective __________________________.

SUBPART F: ON-SITE SURFACE IMPOUNDMENTS

SectionSubpart 616.447

Closure and Post-Closure Care

If closure is to be by removal, the owner or operator shall remove all waste, all

waste residues, contaminated containment system components (liners, etc.),

contaminated subsoils and structures and equipment contaminated with waste

and leachate; and, if disposed of in the State of Illinois, dispose of them at a

disposal site permitted by the Agency under the Act.

If closure is not to be by removal, the owner or operator shall comply with the

requirements of Subpart C and shall:

Eliminate free liquids by removing liquid wastes or solidifying the

remaining wastes and waste residues.

Stabilize remaining wastes to a bearing capacity sufficient to support

final cover.

Cover the surface impoundment unit with a final cover designed and

constructed to:

Provide long-term minimization of the migration of liquids

through the closed impoundment unit;

Function with minimum maintenance;

Promote drainage and minimize erosion or abrasion of the final

cover;

Accommodate settling and subsidence so that the cover's integrity

is maintained; and

Have a permeability less than or equal to the permeability of any

bottom liner system.

If some waste residues or contaminated materials are left in place at final

closure, the owner or operator shall comply with the requirements of Subpart C

and shall for a period of 5 years after closure:

Maintain the integrity and effectiveness of the final cover, including

making repairs to the cap as necessary to correct the effects of settling,

subsidence, erosion or other events;

Maintain and monitor the groundwater monitoring system; and

Prevent run-on and run-off from eroding or otherwise damaging the final

cover.

(Source: Amended in R96-18 at Ill. Reg. , effective

______________________.)

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE F: PUBLIC WATER SUPPLIES

CHAPTER I: POLLUTION CONTROL BOARD

PART 617

REGULATED RECHARGE AREAS

SUBPART A: GENERAL

Section

617.101

Purpose

617.102

Definitions

AUTHORITY: Implementing Sections 17.4, and authorized by Section 27 of the

Environmental Protection Act [415 ILCS 5/17.4 and 27].

SOURCE: Adopted in R89-5 at 16 Ill. Reg. 1592, effective January 10, 1992; amended in

R96-18 at 21 Ill. Reg. , effective ___________________________________.)

SUBPART A:GENERAL

Section 617.101

Purpose

This Part sets out regulated recharge areas as delineated pursuant to Section 17.4 of the Illinois

Environmental Protection Act (Act) [415 ILCS 5](Ill. Rev. Stat. 1989, ch. 111 1/2, pars. 1001

et seq.).

(Source: Amended at 21 Ill._Reg. , effective ___________________________.)

Section 617.102

Definitions

Unless a different meaning of a word or term is clear from the context, the definitions of

words or terms in this Part shall be the same as those used in 35 Ill. Adm. Code 615.102, the

Act, or the Illinois Groundwater Protection Act [415 ILCS 55](Ill. Rev. Stat. 1989, ch. 111

1/2, pars 7451 et seq.).

(Source: Amended at 21 Ill. Reg. , effective ____________________________.)

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE F: PUBLIC WATER SUPPLIES

CHAPTER I: POLLUTION CONTROL BOARD

PART 620

GROUNDWATER QUALITY

SUBPART A: GENERAL

Section

620.105

Purpose

620.110

Definitions

620.115

Prohibition

620.125

Incorporations by Reference

620.130

Exemption from General Use Standards and Public and Food Processing Water

Supply Standards

620.135

Exclusion for Underground Water in Certain Man-Made Conduits

SUBPART B: GROUNDWATER CLASSIFICATION

Section

620.201

Groundwater Designations

620.210

Class I: Potable Resource Groundwater

620.220

Class II: General Resource Groundwater

620.230

Class III: Special Resource Groundwater

620.240

Class IV: Other Groundwater

620.250

Groundwater Management Zone

620.260

Reclassification of Groundwater by Adjusted Standard

SUBPART C: NONDEGRADATION PROVISIONS FOR APPROPRIATE

GROUNDWATERS

Section

620.301

General Prohibition Against Use Impairment of Resource Groundwater

620.302

Applicability of Preventive Notification and Preventive Response Activities

620.305

Preventive Notification Procedures

620.310

Preventive Response Activities

SUBPART D: GROUNDWATER QUALITY STANDARDS

Section

620.401

Applicability

620.405

General Prohibitions Against Violations of Groundwater Quality Standards

620.410

Groundwater Quality Standards for Class I: Potable Resource Groundwater

620.420

Groundwater Quality Standards for Class II: General Resource Groundwater

620.430

Groundwater Quality Standards for Class III: Special Resource Groundwater

620.440

Groundwater Quality Standards for Class IV: Other Groundwater

620.450

Alternative Groundwater Quality Standards

SUBPART E: GROUNDWATER MONITORING AND ANALYTICAL PROCEDURES

Section

620.505

Compliance Determination

620.510

Monitoring and Analytical Requirements

SUBPART F: HEALTH ADVISORIES

Section

620.601

Purpose of a Health Advisory

620.605

Issuance of a Health Advisory

620.610

Publishing Health Advisories

620.615

Additional Health Advice for Mixtures of Similar-Acting Substances

620.Appendix A

Procedures for Determining Human Threshold Toxicant Advisory

Concentration for Class I: Potable Resource Groundwater

620.Appendix B

Procedures for Determining Hazard Indices for Class I: Potable

Resource Groundwater for Mixtures of Similar-Acting Substances

620.Appendix C

Guidelines for Determining When Dose Addition of Similar-Acting

Substances in Class I: Potable Resource Groundwaters is Appropriate

620.Appendix D

Confirmation of an Adequate Corrective Action Pursuant to 35 Ill. Adm.

Code 620.250 (a)(2).

AUTHORITY: Implementing Section 8 of the Illinois Groundwater Protection Act [415 ILCS

55/8] and authorized by Section 27 of the Illinois Environmental Protection [415 ILCS 5/27].

SOURCE: Adopted in R89-14(B) at 15 Ill. Reg. 17614, effective November 25, 1991;

amended in R89-14(C) at 16 Ill. Reg. 14667, effective September 11, 1992; amended at 18 Ill.

Reg. 14084, effective August 24, 1994; amended in R96-18 at 21 Ill. Reg. , effective

________________.

SUBPART A: GENERAL

Section 620.110

Definitions

The definitions of the Environmental Protection Act [415 ILCS 5](Ill. Rev. Stat. 1989, ch.

111 1/2, par. 1001 et seq.) and the Groundwater Protection Act [415 ILCS 55] (Ill. Rev. Stat.

1989,

ch. 111 1/2, pars. 7451 et seq.) apply to this Part. The following definitions also apply to this

Part.

"Act" means the Environmental Protection Act [415 ILCS 5](Ill. Rev. Stat.

1989, ch. 111 1/2, pars. 1001 et seq.).

"Agency" means the Illinois Environmental Protection Agency.

"AQUIFER" MEANS SATURATED (WITH GROUNDWATER) SOILS AND

GEOLOGIC MATERIALS WHICH ARE SUFFICIENTLY PERMEABLE TO

READILY YIELD ECONOMICALLY USEFUL QUANTITIES OF WATER

TO WELLS, SPRINGS, OR STREAMS UNDER ORDINARY HYDRAULIC

GRADIENTS. (Section 3(b) of the IGPA)

"BETX" means the sum of the concentrations of benzene, ethylbenzene,

toluene, and xylenes.

"Board" means the Illinois Pollution Control Board.

"Carcinogen" means a chemical, or complex mixture of closely related

chemicals, which has been listed or classified in the Integrated 00Risk

Information System or as specified in a final rule adopted by USEPA in

accordance with USEPA Guidelines for Carcinogenic Risk Assessment,

incorporated by reference at Section 620.125, to be a group A, B

, or B

carcinogen.

"COMMUNITY WATER SUPPLY" MEANS A PUBLIC SUPPLY WHICH

SERVES OR IS INTENDED TO SERVE AT LEAST 15 SERVICE

CONNECTIONS USED BY RESIDENTS OR REGULARLY SERVES AT

LEAST 25 RESIDENTS. (Section 3.05 of the Act)

"CONTAMINANT" MEANS ANY SOLID, LIQUID, OR GASEOUS

MATTER, ANY ODOR, OR ANY FORM OF ENERGY, FROM

WHATEVER SOURCE. (Section 3.06 of the Act)

"Corrective action process" means those procedures and practices that may be

imposed by a regulatory agency when a determination has been made that

contamination of groundwater has taken place, and are necessary to address a

potential or existing violation of the standards set forth in Subpart D.

"Cumulative impact area" means the area, including the coal mine area

permitted under the Surface Coal Mining Land Conservation and Reclamation

Act [225 ILCS 720](Ill. Rev. Stat. 1989, ch. 96 1/2, pars. 7901.01 et. seq.)

and 62 Ill. Adm. Code 1700 through 1850, within which impacts resulting

from the proposed operation may interact with the impacts of all anticipated

mining on surface water and groundwater systems.

"Detection" means the identification of a contaminant in a sample at a value

equal to or greater than the:

"Method Detection Limit" or "MDL" which means the minimum

concentration of a substance that can be measured as reported with 99

percent confidence that the true value is greater than zero, pursuant to 56

Fed. Reg. 3526-3597, incorporated by reference at Section 620.125; or

"Method Quantitation Limit" or "MQL" which means the minimum

concentration of a substance that can be measured and reported pursuant

to "Test Methods for Evaluating Solid Wastes, Physical/ Chemical

Methods", incorporated by reference at Section 620.125.

"Department" means the Illinois Department of Energy and Natural Resources.

"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. (Section 3.64 of the Act)

"Hydrologic balance" means the relationship between the quality and quantity of

water inflow to, water outflow from, and water storage in a hydrologic unit

such as a drainage basin, aquifer, soil zone, lake, or reservoir. It encompasses

the dynamic relationships among precipitation, runoff, evaporation, and changes

in ground and surface water storage.

"IGPA" means the Illinois Groundwater Protection Act [415 ILCS 55].(Ill.

Rev. Stat. 1989, ch. 111 1/2, pars. 7451 et seq.).

"LOAEL" or "Lowest observable adverse effect level" means the lowest tested

concentration of a chemical or substance which produces a statistically

significant increase in frequency or severity of non-overt adverse effects

between the exposed

population and its appropriate control. LOAEL may be determined for a human

population (LOAEL-H) or an animal population (LOAEL-A).

"NOAEL" or "No observable adverse effect level" means the highest tested

concentration of a chemical or substance which does not produce a statistically

significant increase in frequency or severity of non- overt adverse effects

between the exposed population and its appropriate control. NOAEL may be

determined for a human population (NOAEL-H) or an animal population

(NOAEL-A).

"NON-COMMUNITY WATER SUPPLY" MEANS A PUBLIC WATER

SUPPLY THAT IS NOT A COMMUNITY WATER SUPPLY. (Section 3.05)

"Off-site" means not on-site.

"On-site" means on the same or geographically contiguous property which may

be divided by public or private right-of-way, provided the entrance and exit

between properties is at a crossroads intersection and access is by crossing as

opposed to going along the right-of-way. Noncontiguous properties owned by

the same person but connected by a right-of-way which he controls and to which

the public does not have access is also considered on-site property.

"Operator" means the person responsible for the operation of a site, facility or

unit.

"Owner" means the person who owns a site, facility or unit or part of a site,

facility or unit, or who owns the land on which the site, facility or unit is

located.

"POTABLE" MEANS GENERALLY FIT FOR HUMAN CONSUMPTION IN

ACCORDANCE WITH ACCEPTED WATER SUPPLY PRINCIPLES AND

PRACTICES. (Section 3.65 of the Act)

"POTENTIAL PRIMARY SOURCE" MEANS ANY UNIT AT A FACILITY

OR SITE NOT CURRENTLY SUBJECT TO A REMOVAL OR REMEDIAL

ACTION WHICH:

IS UTILIZED FOR THE TREATMENT, STORAGE, OR DISPOSAL

OF ANY HAZARDOUS OR SPECIAL WASTE NOT GENERATED

AT THE SITE; OR

IS UTILIZED FOR THE DISPOSAL OF MUNICIPAL WASTE NOT

GENERATED AT THE SITE, OTHER THAN LANDSCAPE WASTE

AND CONSTRUCTION AND DEMOLITION DEBRIS; OR IS

UTILIZED FOR THE LANDFILLING, LAND TREATING,

SURFACE IMPOUNDING OR PILING OF ANY HAZARDOUS OR

SPECIAL WASTE THAT IS GENERATED ON THE SITE OR AT

OTHER SITES OWNED, CONTROLLED OR OPERATED BY THE

SAME PERSON; OR

STORES OR ACCUMULATES AT ANY TIME MORE THAN 75,000

POUNDS ABOVE GROUND, OR MORE THAN 7,500 POUNDS

BELOW GROUND, OF ANY HAZARDOUS SUBSTANCES. (Section

3.59 of the Act)

"POTENTIAL ROUTE" MEANS ABANDONED AND IMPROPERLY

PLUGGED WELLS OF ALL KINDS, DRAINAGE WELLS, ALL

INJECTION WELLS, INCLUDING CLOSED LOOP HEAT PUMP WELLS,

AND ANY EXCAVATION FOR THE DISCOVERY, DEVELOPMENT OR

PRODUCTION OF STONE, SAND OR GRAVEL. (Section 3.58 of the Act)

"POTENTIAL SECONDARY SOURCE" MEANS ANY UNIT AT A

FACILITY OR A SITE NOT CURRENTLY SUBJECT TO A REMOVAL OR

REMEDIAL ACTION, OTHER THAN A POTENTIAL PRIMARY SOURCE,

WHICH:

IS UTILIZED FOR THE LANDFILLING, LAND TREATING, OR

SURFACE IMPOUNDING OF WASTE THAT IS GENERATED ON

THE SITE OR AT OTHER SITES OWNED, CONTROLLED OR

OPERATED BY THE SAME PERSON, OTHER THAN LIVESTOCK

AND LANDSCAPE WASTE, AND CONSTRUCTION AND

DEMOLITION DEBRIS; OR

STORES OR ACCUMULATES AT ANY TIME MORE THAN 25,000

BUT NOT MORE THAN 75,000 POUNDS ABOVE GROUND, OR

MORE THAN 2,500 BUT NOT MORE THAN 7,500 POUNDS

BELOW GROUND, OF ANY HAZARDOUS SUBSTANCES; OR

STORES OR ACCUMULATES AT ANY TIME MORE THAN 25,000

GALLONS ABOVE GROUND, OR MORE THAN 500 GALLONS

BELOW GROUND, OF PETROLEUM, INCLUDING CRUDE OIL

OR ANY FRACTION THEREOF WHICH IS NOT OTHERWISE

SPECIFICALLY LISTED OR DESIGNATED AS A HAZARDOUS

SUBSTANCE; OR

STORES OR ACCUMULATES PESTICIDES, FERTILIZERS, OR

ROAD OILS FOR PURPOSES OF COMMERCIAL APPLICATION

OR FOR DISTRIBUTION TO RETAIL SALES OUTLETS; OR

STORES OR ACCUMULATES AT ANY TIME MORE THAN 50,000

POUNDS OF ANY DE-ICING AGENT; OR

IS UTILIZED FOR HANDLING LIVESTOCK WASTE OR FOR

TREATING DOMESTIC WASTEWATERS OTHER THAN PRIVATE

SEWAGE DISPOSAL SYSTEMS AS DEFINED IN THE PRIVATE

SEWAGE DISPOSAL LICENSING ACT [225 ILCS 225].(Ill. Rev.

Stat. 1989, ch. 111 1/2, par. 16.301 et seq.)

"Practical Quantitation Limit" or "PQL" means the lowest concentration or

level that can be reliably measured within specified limits of precision and

accuracy during routine laboratory operating conditions in accordance with

"Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods", EPA

Publication No. SW-846, incorporated by reference at Section 620.125.

"Previously mined area" means land disturbed or affected by coal mining

operations prior to February 1, 1983.

(Board Note: February 1, 1983, is the effective date of the Illinois permanent

program regulations implementing the Surface Coal Mining Land Conservation

and Reclamation Act [225 ILCS 720 et seq.](Ill. Rev. Stat. 1989, ch. 96 ½,

pars. 7901.1 et seq., as amended) as codified in 62 Ill. Adm. Code 1700

through 1850.)

"Property class" means the class assigned by a tax assessor to real property for

purposes of real estate taxes.

(Board Note: The property class (rural property, residential vacant land,

residential with dwelling, commercial residence, commercial business,

commercial office, or industrial) is identified on the property record card

maintained by the tax assessor in accordance with the Illinois Real Property

Appraisal Manual (February 1987), published by the Illinois Department of

Revenue, Property Tax Administration Bureau.)

"PUBLIC WATER SUPPLY" MEANS ALL MAINS, PIPES AND

STRUCTURES THROUGH WHICH WATER IS OBTAINED AND

DISTRIBUTED TO THE PUBLIC, INCLUDING WELLS AND WELL

STRUCTURES, INTAKES AND CRIBS, PUMPING STATIONS,

TREATMENT PLANTS, RESERVOIRS, STORAGE TANKS AND

APPURTENANCES, COLLECTIVELY OR SEVERALLY, ACTUALLY

USED OR INTENDED FOR USE FOR THE PURPOSE OF FURNISHING

WATER FOR DRINKING OR GENERAL DOMESTIC USE AND WHICH

SERVE AT LEAST 15 SERVICE CONNECTIONS OR WHICH

REGULARLY SERVE AT LEAST 25 PERSONS AT LEAST 60 DAYS PER

YEAR. A

PUBLIC WATER SUPPLY IS EITHER A "COMMUNITY WATER

SUPPLY" OR A "NON-COMMUNITY WATER SUPPLY". (Section 3.28 of

the Act)

"Regulated entity" means a facility or unit regulated for groundwater protection

by any state or federal agency.

"Regulatory agency" means the Illinois Environmental Protection Agency,

Department of Public Health, Department of Agriculture, Department of Mines

and Minerals, and the Office of State Fire Marshal.

"REGULATED RECHARGE AREA" MEANS A COMPACT GEOGRAPHIC

AREA, AS DETERMINED BY THE BOARD pursuant to Section 17.4 of the

Act, THE GEOLOGY OF WHICH RENDERS A POTABLE RESOURCE

GROUNDWATER PARTICULARLY SUSCEPTIBLE TO

CONTAMINATION. (Section 3.67 of the Act)

"RESOURCE GROUNDWATER" MEANS GROUNDWATER THAT IS

PRESENTLY BEING, OR IN THE FUTURE IS CAPABLE OF BEING, PUT

TO BENEFICIAL USE BY REASON OF BEING OF SUITABLE QUALITY.

(Section 3.66 of the Act)

"SETBACK ZONE" MEANS A GEOGRAPHIC AREA, DESIGNATED

PURSUANT TO THIS ACT, CONTAINING A POTABLE WATER SUPPLY

WELL OR A POTENTIAL SOURCE OR POTENTIAL ROUTE HAVING A

CONTINUOUS BOUNDARY, AND WITHIN WHICH CERTAIN

PROHIBITIONS OR REGULATIONS ARE APPLICABLE IN ORDER TO

PROTECT GROUNDWATERS. (Section 3.61 of the Act)

"Site" MEANS ANY LOCATION, PLACE, TRACT OF LAND, AND

FACILITIES, INCLUDING BUT NOT LIMITED TO, BUILDINGS AND

IMPROVEMENTS USED FOR PURPOSES SUBJECT TO REGULATION

OR CONTROL BY the ACT OR REGULATIONS THEREUNDER. (Section

3.43 of the Act)

"Spring" means a natural surface discharge of an aquifer from rock or soil.

"Threshold dose" means the lowest dose of a chemical at which a specified

measurable effect is observed and below which it is not observed.

"Treatment" means the technology, treatment techniques, or other procedures

for compliance with 35 Ill. Adm. Code: Subtitle F.

"UNIT" MEANS ANY DEVICE, MECHANISM, EQUIPMENT, OR AREA

(EXCLUSIVE OF LAND UTILIZED ONLY FOR AGRICULTURAL

PRODUCTION).(Section 3.62) of the Act)

"USEPA" or "U.S. EPA" means the United States Environmental Protection

Agency.

(Source: Amended in R96-18 at Ill. Reg. , effective _____________ .)

SUBPART B: GROUNDWATER CLASSIFICATION

Section 620.230

Class III: Special Resource Groundwater

Except as provided in Section 620.250, Special Resource Groundwater is:

Groundwater that is determined by the Board, pursuant to the procedures set

forth in Section 620.260, to be:

Demonstrably unique (e.g., irreplaceable sources of groundwater) and

suitable for application of a water quality standard more stringent than

the otherwise applicable water quality standard specified in Subpart D;

Vital for a particularly sensitive ecological system.

Groundwater that contributes to a dedicated nature preserve that is listed by the

Agency as set forth below:

A written request to list a dedicated nature preserve under this subsection

must contain, at a minimum, the following information:

A general description of the site and the surrounding land use;

A topographic map or other map of suitable scale denoting the

location of the dedicated nature preserve;

A general description of the existing groundwater quality at and

surrounding the dedicated nature preserve;

A general geologic profile of the dedicated nature preserve based

upon the most reasonably available information, including but not

limited to geologic maps and subsurface groundwater flow

directions; and

A description of the interrelationship between groundwater and

the nature of the site.

Upon confirmation by the Agency of the technical adequacy of a written

request, the Agency shall publish the proposed listing of the dedicated

nature preserve in the Environmental Register for a 45-day public

comment period. Within 60 days after the close of the public comment

period, the Agency shall either publish a final listing of the dedicated

nature preserve in the Environmental Register or provide a written

response to the requestor specifying the reasons for not listing the

dedicated nature preserve.

At least once annually, the Agency shall publish in the Environmental

this subsection (b).

For purposes of this Section the term "dedicated nature preserve" means

a nature preserve that is dedicated pursuant to the Illinois Natural Areas

Preservation Act [525 ILCS 30](Ill. Rev. Stat. 1989, ch. 105, pars. 701

et seq.).

(Source: Amended at 21 Ill. Reg. effective

_______________________________.)

Section 620.260

Reclassification of Groundwater by Adjusted Standard

Any person may petition the Board to reclassify a groundwater in accordance with the

procedures for adjusted standards specified in Section 28.1 of the Act and 35 Ill. Adm. Code

106.Subpart G. In any proceeding to reclassify specific groundwater by adjusted standard, in

addition to the requirements of 35 Ill. Adm. Code 106.Subpart G, and Section 28.1(c) of the

Act, the petition shall, at a minimum, contain information to allow the Board to determine:

The specific groundwater for which reclassification is requested, including but

not limited to geographical extent of any aquifers, depth of groundwater, and

rate and direction of groundwater flow and that the specific groundwater

exhibits the characteristics of the requested class as set forth in Section

620.210(b), 620.220(b), 620.230, or 620.240;

Whether the proposed change or use restriction is necessary for economic or

social development, by providing information including, but not limited to, the

impacts of the standards on the regional economy, social benefits such as loss of

jobs or closing of facilities, and economic analysis contrasting the health and

environmental benefits with costs likely to be incurred in meeting the standards

would be beneficial or necessary;

Existing and anticipated uses of the specific groundwater;

Existing and anticipated quality of the specific groundwater;

Existing and anticipated contamination, if any, of the specific groundwater;

Technical feasibility and economic reasonableness of eliminating or reducing

contamination of the specific groundwater or of maintaining existing water

quality;

The anticipated time period over which contaminants will continue to affect the

specific groundwater;

Existing and anticipated impact on any potable water supplies due to

contamination;

Availability and cost of alternate water sources or of treatment for those users

adversely affected;

Negative or positive effect on property values; and

For special resource groundwater, negative or positive effect on:

The quality of surface waters; and

Wetlands, natural areas, and the life contained therein, including

endangered or threatened species of plant, fish or wildlife listed pursuant

to the Endangered Species Act, 16 U.S.C. 1531 et seq., or the Illinois

Endangered Species Protection Act [415 ILCS 10](Ill. Rev. Stat. 1991,

ch. 8, par. 331 et seq.).

(Source: Amended at 21 Ill. Reg. , effective ___________________________.)

SUBPART C: NONDEGRADATION PROVISIONS FOR APPROPRIATE

GROUNDWATERS

Section 620.301

General Prohibition Against Use Impairment of Resource Groundwater

No person shall cause, threaten or allow the release of any contaminant to a

resource groundwater such that:

Treatment or additional treatment is necessary to continue an existing use

or to assure a potential use of such groundwater; or

An existing or potential use of such groundwater is precluded.

Nothing in this Section shall prevent the establishment of a groundwater

management zone pursuant to Section 620.250 or a cumulative impact area

within a permitted site.

Nothing in this Section shall limit underground injection pursuant to a permit

issued by the Agency under the Act or issued by the Department of Mines and

Minerals under the Illinois Oil and Gas Act [225 ILCS 725] “An Act in relation

to oil, gas, coal and other surface and underground resources and to repeal an

Act herein named” (Ill. Rev. Stat. 1989, ch. 96 1/2, pars. 5401 et seq. , as

amended).

Nothing in this Section shall limit the Board from promulgating nondegradation

provisions applicable to particular types of facilities or activities which impact

upon groundwater, including but not limited to landfills regulated pursuant to 35

Ill. Adm. Code: Subtitle G.

(Source: Amended at 21 Ill. Reg. , effective _______________________________.)

SUBPART D: GROUNDWATER QUALITY STANDARDS

Section 620.420

Groundwater Quality Standards for Class II: General Resource

Groundwater

Inorganic Chemical Constituents

Except due to natural causes or as provided in Section 620.450 or

subsection (a)(3) or (d) of this Section, concentrations of the following

chemical constituents must not be exceeded in Class II groundwater:

Constituent

Standard

(mg/L)

Antimony

0.024

Arsenic

0.2

Barium

Beryllium

0.5

Cadmium

0.05

Chromium

Cobalt

Cyanide

0.6

Fluoride

4.0

Lead

0.1

Mercury

0.01

Nitrate as N

100

Thallium

0.02

Except as provided in Section 620.450 or subsection (a)(3) or (d) of this

Section, concentrations of the following chemical constituents must not

be exceeded in Class II groundwater:

Constituent

Standard

(mg/L)

Boron

2.0

Chloride

200

Copper

0.65

Iron

Manganese

Nickel

Selenium

0.05

Total Dissolved Solids

(TDS)

1,200

Sulfate

400

Zinc

The standard for any inorganic chemical constituent listed in subsection

(a)(2) of this Section, for barium, or for pH does not apply to

groundwater within fill material or within the upper 10 feet of parent

material under such fill material on a site not within the rural property

class for which:

Prior to the effective date of this Part, surficial characteristics

have been altered by the placement of such fill material so as to

impact the concentration of the parameters listed in subsection

(a)(3) of this Section, and any on-site groundwater monitoring of

such parameters is available for review by the Agency.

On the effective date of this Part, surficial characteristics are in

the process of being altered by the placement of such fill

material, which proceeds in reasonably continuous manner to

completion, so as to impact the concentration of the parameters

listed in subsection

(a)(3) of this Section, and any on-site groundwater monitoring of

such parameters is available for review by the Agency.

For purposes of subsection (a)(3) of this Section, the term "fill material"

means clean earthen materials, slag, ash, clean demolition debris, or

other similar materials.

Organic Chemical Constituents

Except due to natural causes or as provided in Section 620.450 or

subsection (b)(2) or (d) of this Section, concentrations of the following

organic chemical constituents must not be exceeded in Class II

groundwater:

Constituent

Standard

(mg/L)

Alachlor*

0.010

Aldicarb

0.015

Atrazine

0.015

Benzene*

0.025

Benzo(a)pyrene*

0.002

Carbofuran

0.2

Carbon Tetrachloride*

0.025

Chlordane*

0.01

Dalapon

2.0

Dichloromethane

0.05

Dichloromethane*

0.05

Di(2-ethylhexyl)phthalate*

0.06

Dinoseb

0.07

Endothall

0.1

Endrin

0.01

Ethylene Dibromide*

0.0005

Heptachlor*

0.002

Heptachlor Epoxide*

0.001

Hexachlorocyclopentadiene

0.5

Lindane (Gamma-Hexachloro

cyclohexane)

0.001

2,4-D

0.35

ortho-Dichlorobenzene

1.5

para-Dichlorobenzene

0.375

1,2-Dibromo-3-Chloropropane*

0.002

1,2-Dichloroethane*

0.025

1,1-Dichloroethylene

0.035

cis-1,2-Dichloroethylene

0.2

trans-1,2-Dichloroethylene

0.5

1,2-Dichloropropane*

0.025

Ethylbenzene

1.0

Methoxychlor

0.2

Monochlorobenzene

0.5

Pentachlorophenol*

0.005

Phenols

0.1

Picloram

5.0

Polychlorinated Biphenyls (PCB's)

(as decachloro-biphenyl)*

0.0025

Simazine

0.04

Styrene

0.5

2,4,5-TP

0.25

Tetrachloroethylene*

0.025

Toluene

2.5

Toxaphene*

0.015

1,1,1-Trichloroethane

1.0

1,2,4-Trichlorobenzene

0.7

1,1,2-Trichloroethane

0.05

Trichloroethylene*

0.025

Vinyl Chloride*

0.01

Xylenes

*Denotes a carcinogen.

The standards for pesticide chemical constituents listed in subsection

(b)(1) of this Section do not apply to groundwater within 10 feet of the

land surface, provided that the concentrations of such constituents result

from the application of pesticides in a manner consistent with the

requirements of the Federal Insecticide, Fungicide and Rodenticide Act

(7 U. S. C. 136

et seq.) and the Illinois Pesticide Act [415 ILCS 60](Ill. Rev. Stat. 1989,

ch. 5, pars. 801 et seq.).

Complex Organic Chemical Mixtures

Concentrations of the following organic chemical constituents of gasoline, diesel

fuel, or heating fuel must not be exceeded in Class II groundwater:

Constituent

Standard

(mg/L)

Benzene*

0.025

BETX

13.525

*Denotes a carcinogen.

Except due to natural causes, a pH range of 6.5 - 9.0 units must not be

exceeded in Class II groundwater that is within 5 feet of the land surface.

(Source: Amended at 21 Ill. Reg. , effective _____________________________

SUBPART D: GROUNDWATER QUALITY STANDARDS

Section 620.450

Alternative Groundwater Quality Standards

Groundwater Quality Restoration Standards

Any chemical constituent in groundwater within a groundwater

management zone is subject to this Section.

Except as provided in subsection (a)(3) or (a)(4) below, the standards as

specified in Sections 620.410, 620.420, 620.430, and 620.440 apply to

any chemical constituent in groundwater within a groundwater

management zone.

Prior to completion of a corrective action described in Section

620.250(a), the standards as specified in Sections 620.410, 620.420,

620.430, and

620.440 are not applicable to such released chemical constituent,

provided that the initiated action proceeds in a timely and appropriate

manner.

After completion of a corrective action as described in Section

620.250(a), the standard for such released chemical constituent is:

The standard as set forth in Section 620.410, 620.420, 620.430,

or 620.440, if the concentration as determined by groundwater

monitoring of such constituent is less than or equal to the

standard for the appropriate class set forth in those sections; or

The concentration as determined by groundwater monitoring, if

such concentration exceeds the standard for the appropriate class

set forth in Section 620.410, 620.420, 620.430, or 620.440 for

such constituent, and:

To the extent practicable, the exceedence has been

minimized and beneficial use, as appropriate for the class

of groundwater, has been returned; and

ii)

Any threat to public health or the environment has been

minimized.

The Agency shall develop and maintain a listing of concentrations

derived pursuant to subsection (a)(4)(B) above. This list shall be made

available to the public and be updated periodically, but no less frequently

than semi-annually. This listing shall be published in the Environmental

Coal Reclamation Groundwater Quality Standards

Any inorganic chemical constituent or pH in groundwater, within an

underground coal mine, or within the cumulative impact area of

groundwater for which the hydrologic balance has been disturbed from

a permitted coal mine area pursuant to the Surface Coal Mining Land

Conservation and Reclamation Act [225 ILCS 720](Ill. Rev. Stat. 1989,

ch. 96 1/2, pars. 7901.1 et seq., as amended) and 62 Ill. Adm. Code

1700 through 1850, is subject to this Section.

Prior to completion of reclamation at a coal mine, the standards as

specified in Sections 620.410(a) and (d), 620.420(a) and (de), 620.430

and 620.440 are not applicable to inorganic constituents and pH.

After completion of reclamation at a coal mine, the standards as

specified in Sections 620.410(a) and (d), 620.420(a), 620.430, and

620.440 are applicable to inorganic constituents and pH, except:

The concentration of total dissolved solids (TDS) must not

exceed:

The post-reclamation concentration or 3000 mg/L,

whichever is less, for groundwater within the permitted

area; or

ii)

The post-reclamation concentration of TDS must not

exceed the post-reclamation concentration or 5000 mg/L,

whichever is less, for groundwater in underground coal

mines and in permitted areas reclaimed after surface coal

mining if the Illinois Department of Mines and Minerals

and the Agency have determined that no significant

resource groundwater existed prior to mining (62 Ill.

Adm. Code 1780.21(f) and (g));

For chloride, iron, manganese and sulfate, the post-reclamation

concentration within the permitted area must not be exceeded;

and

For pH, the post-reclamation concentration within the permitted

area must not be exceeded within Class I: Potable Resource

Groundwater as specified in Section 620.210(a)(4).

A refuse disposal area (not contained within the area from which

overburden has been removed) is subject to the inorganic chemical

constituent and pH requirements of:

35 Ill. Adm. Code 302.Subparts B and C, except due to natural

causes, for such area that was placed into operation after

February 1, 1983, and before the effective date of this Part,

provided that the groundwater is a present or a potential source of

water for public or food processing;

Section 620.440(c) for such area that was placed into operation

prior to February 1, 1983, and has remained in continuous

operation since that date; or

Subpart D of this Part for such area that is placed into operation

on or after the effective date of this Part.

For a refuse disposal area (not contained within the area from which

overburden has been removed) that was placed into operation prior to

February 1, 1983, and is modified after that date to include additional

area, this Section applies to the area that meets the requirements of

subsection (b)(4)(C) of this Section and the following applies to the

additional area:

35 Ill. Adm. Code 302.Subparts B and C, except due to natural

causes, for such additional refuse disposal area that was placed

into

operation after February 1, 1983, and before the effective date of

this Part, provided that the groundwater is a present or a potential

source of water for public or food processing; and

Subpart D for such additional area that was placed into operation

on or after the effective date of this Part.

A coal preparation plant (not located in an area from which overburden

has been removed) which contains slurry material, sludge or other

precipitated process material, is subject to the inorganic chemical

constituent and pH requirements of:

35 Ill. Adm. Code 302.Subparts B and C, except due to natural

causes, for such plant that was placed into operation after

February 1, 1983, and before the effective date of this Part,

provided that the groundwater is a present or a potential source of

water for public or food processing;

Section 620.440(c) for such plant that was placed into operation

prior to February 1, 1983, and has remained in continuous

operation since that date; or

Subpart D for such plant that is placed into operation on or after

the effective date of this Part.

For a coal preparation plant (not located in an area from which

overburden has been removed) which contains slurry material, sludge or

other precipitated process material, that was placed into operation prior

to February 1, 1983, and is modified after that date to include additional

area, this Section applies to the area that meets the requirements of

subsection (b)(6)(C) of this Section and the following applies to the

additional area:

35 Ill. Adm. Code 302.Subparts B and C, except due to natural

causes, for such additional area that was placed into operation

after February 1, 1983, and before the effective date of this Part,

provided that the groundwater is a present or a potential source of

water for public or food processing; and

Subpart D for such additional area that was placed into operation

on or after the effective date of this Part.

(Source: Amended at 21 Ill Reg. , effective .)

SUBPART E: GROUNDWATER MONITORING AND ANALYTICAL PROCEDURES

Section 620.505

Compliance Determination

Compliance with standards at a site is to be determined as follows:

For a structure (e.g., buildings), at the closest practical distance beyond

the outermost edge for the structure.

For groundwater that underlies a potential primary or secondary source,

the outermost edge as specified in Section 620.240(e)(1).

For groundwater that underlies a coal mine refuse disposal area, a coal

combustion waste disposal area, or an impoundment that contains

sludge, slurry, or precipitated process material at a coal preparation

plant, the outermost edge as specified in Section 620.240(f)(1) or

location of

monitoring wells in existence as of the effective date of this Part on a

permitted site.

For a groundwater management zone, as specified in a corrective action

process.

At any point at which groundwater monitoring is conducted using any

water well or monitoring well that meets the following conditions:

For a potable well other than a community water supply well, a

construction report has been filed with the Department of Public

Health for such potable well, or such well has been located and

constructed (or reconstructed) to meet the Illinois Water Well

Construction Code [415 ILCS 30](Ill. Rev. Stat. 1989, ch. 111

1/2, pars. 116.111 et. seq., as amended) and 35 Ill. Adm. Code

920.

For a community water supply well, such well has been permitted

by the Agency, or has been constructed in accordance with 35 Ill.

Adm. Code 602.115.

For a water well other than a potable water well (e.g., a livestock

watering well or an irrigation well), a construction report has

been filed with the Department of Public Health or the

Department of Mines and Minerals for such well, or such well

has been located and constructed (or reconstructed) to meet the

Illinois Water Well Construction Code [415 ILCS 30](Ill. Rev.

Stat. 1989, ch. 111 1/2, pars. 116.111 et. seq., as amended) and

35 Ill. Adm. Code 920.

For a monitoring well, such well meets the following

requirements:

Construction must be done in a manner that will enable

the collection of groundwater samples;

ii)

Casings and screens must be made from durable material

resistant to expected chemical or physical degradation that

do not interfere with the quality of groundwater samples

being collected; and

iii)

The annular space opposite the screened section of the

well (i.e., the space between the bore hole and well

screen) must be filled with gravel or sand if necessary to

collect groundwater samples. The annular space above

and below the well screen must be sealed to prevent

migration of water from adjacent formations and the

surface to the sampled depth.

For a spring, compliance with this Subpart shall be determined at the point of

emergence.

(Source: Amended at 21 Ill Reg. , effective .)

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that

the above opinion and order was adopted on the 1st day of May, 1997 by a vote of 7-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board