RECEIIVE

D

CLERK’S

OFFrCF

JUN

1

2

2003

BEFORE THE ILLINOIS POLLUTION CONTROL

BOARD~

OF

ILLINOIS

Pollution

Control Board

IN THE MATTER OF:

AMENDMENTS TO

35

ILL. ADM. CODE

602.105, 602.106, 602.108, and 602.115

)

)

R03-21

)

(Rulemaking

-

Public Water Supplies)

)

)

NOTICE OF FILING

Dorothy Gunn, Clerk

illinois Pollution ControlBoard

Suite 11-500

James R. Thompson Center

100 West Randolph Street

Chicago, illinois 60601

Richard McGill

Illinois Pollution Control Board

100 W. Randolph Street

Suite 11-500

Chicago, illinois 60601

Dennis L. Duffield

Director, Dept. ofPublic Works and Utilities

City ofJoliet

921 E. Washington Street

Joliet, illinois 60433

Matthew Dunn, Chief

Environmental Enforcement Division

illinois Attorney General’s Office

James R. Thompson Center

100 West Randolph Street

Chicago, illinois 60601

Stan Yonkauski

Acting ChiefLegal Counsel

Department ofNatural Resources

One Natural Resources Way

Springfield, illinois 62702-1271

PLEASE TAKE NOTICE that I have today filed with the Office ofthe Clerk of.the illinois

Pollution Control Board the

COMMENTS

ofthe illinois Environmental Protection Agency, a

copy ofwhich is herewith served upon you.

ILLINOIS ENVIRONMENTAL PROTECTIONAGENCY

~

Li)~/1i~

Assistant Co

sel

Division ofLegal Counsel

DATED:

June 6, 2003

illinois EPA

1021 North Grand Avenue East

P.O. Box 19276

Springfield, illinois 62794-9276

THIS

FILING

PRINTED ON RECYCLED PAPER

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RE

C lB ~V EL)

BEFORE THE ILLINOIS POLLUTION CONTROL

BOARD Cl

FRK’S

OFFICE

IN THE MATTER OF:

)

JUN

122003

)

R03-21

)

(Rulemaking

-

Public V~TQ~!e&JN01S

AMENDMENTS TO 35 ILL. ADM. CODE

)

Pollution

Control Board

602.105, 602.106,602.108, and 602.115

)

COMMENTS OF THE ILLINOIS ENVIRONMENTAL AGENCY

The Illinois Environmental Protection Agency (“Illinois EPA”) respectfully submits its

comments in the above-entitled matter to the Illinois Pollution Control Board (“Board”) in response to

questions posed by the Board at the May

15,

2003

hearing in this matter.

In response to the Board’s request for information concerning enforcement cases against public

waters supplies that are currently in violation ofthe radionuclide standard, the Illinois EPA is issuing a

Violation Notice (“VN”) to each public water supply that is exceeding the radionuclide standard and

has not signed a Radionuclide Compliance Commitment that states that the supply will achieve

compliance by December

8, 2003.

After receiving the VN, a public water supply has the opportunity

to enter into a Compliance Commitment Agreement (“CCA”), promising compliance by December 8,

2003.

Ifa public water supply fails to agree to achieve compliance with the radionuclide rule by that

date, the Illinois EPAproceeds with an enforcement action against the public watersupply.

The public

water supply then has an opportunity to enter into an enforceable court order that requires compliance

with the radionuclide rule by a date certain.

The Illinois EPA has entered into a consent order for

radionuclide compliance with two public water supplies, and has recentlyreferred three additional

public water supplies to

the Office ofthe Attorney General for enforcement.

The Illinois EPA and the

Office ofthe Attorney General are currently negotiating consent orders with those threepublic water

supplies.

The Illinois EPA has issued Notice ofIntent to Pursue Legal Action letters to two public

water supplies within the last thirty days, and plans to

issue Notice ofIntent to Pursue Legal Action

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letters to an additional five public

water supplies within the next two weeks.

The Illinois EPA

anticipates the referral ofapproximately fifty public water supplies by year’s

end.

Under the proposed amendments

that are the subject matter ofthis rulemaking, only public

water supplies who have entered into a CCA or an enforceable court order requiring compliance with

the radionuclide standard by a date certain will qualify from the exemption from Restricted Status.

Moreover, those supplies will only be exempt from Restricted Status; theywill not be exempt from

complying with the radionuclide standard.

This exemption from Restricted Status will allow those

supplies to continue to obtain Illinois EPA construction permits forthe expansion oftheir water

systems, and the supplies will only qualify for the exemption so long as they are meeting the interim

deadlines contained in the CCA or enforceable court order.

In the absence ofthe proposed

amendments, after December 8, 2003,

the Illinois EPA would have no choice but to place on restricted

status all public water supplies exceeding the radionuclide standard, thereby prohibiting those supplies

from obtaining Illinois EPA construction permits forthe expansion oftheir drinking water systems.

Those systems will be prohibited from installing new wells or watermains, extending existing water

mains, or otherwise expanding their systems unless the Board proceeds with the proposed rulemaking.

The Illinois EPA respectfully requests that the Board expeditiouslyproceed with this rulemaking.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

Date:

June 6,

2003

By:

~

~

oey

og

-Wilkey

Assistant Counsel

Division ofLegal Counsel

1021

North Grand Avenue East

P.O. Box

19276

Springfield, Illinois 62794-9276

(217)782-5544

PRINTED ON RECYLCED

PAPER

2

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)

)

)

PROOF OF SERVICE

STATE OF ILLINOIS

COUNTY OF SANGAMON

I, the undersigned, on oath state that Ihave served the attached Comments ofthe Illinois

Environmental Protection Agency upon the person to whom it is directed, by placing a copy in an

envelope addressed to:

DorothyM. Gunn, Clerk

illinois Pollution Control Board

James

R. Thompson Center

100 West Randolph, Suite 11-500

Chicago, Illinois 60601

and mailing it from Springfield, Illinois on

June

6, 2003, with sufficient postage affixed

first class

mail.

this~

Zt~

day

~~7~9k~x&../

,

2003.

TO

BEFORE ME

/7

_____

/

i

/

/

~,/I

x

CYNTHIA L

WOLFE

~:NOTARY PUBLIC, STATEOF

ILLINOIS

~

:~.99~~J~1j

NOTARY PUBLIC

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R03-21

Service

List

May5, 2003

Iname

Ihame

company

Address

citystate

zip

Gunn

Dorothy

Clerk ofthe Board

100W.

Randolph Street

Chicago, IL

60601

Illinois PollutionControl Board

Suite

11-500

Duffield

Dennis L.

Director,

City

ofJoliet Dept. of

921

E. Washington Street

Joliet, IL

60433

Public Works

and

Utilities

Dunn

Matthew J.

Chief, Env. Enforcement Division

188 W~

Randolph,

20th

Floor

Chicago, IL

60601

Office of the

Attorney

General

Logan-Wiley

Joey

IEPA- Legal Division

1021 N. Grand Ave.

East

Springfield, IL

62794

P.O. Box 19276

McGill

Richard

Illinois

Pollution Control Board

100W. Randolph Street

Chicago, IL

60601

Suite 11-500

Yonkauski

Stan

Acting

ChiefLegal

Counsel

100

Natural Resources Way

Springfield, IL

62702-1271

Department of

Natural