ILLINOIS POLLUTION CONTROL BOARD
    November 6, 2003
     
    McLEAN COUNTY SCHOOL DISTRICT
    NO 5,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY, and THE TOWN
    OF NORMAL, ILLINOIS,
     
    Respondents.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
     
     
     
     
    PCB 04-64
    (Water Well Setback Exception)
     
    ORDER OF THE BOARD (by N.J. Melas):
     
    On October 17, 2003, petitioner McLean County School District No. 5 (School District
    No. 5) filed a petition for a water well setback exception relating to installing injection wells as
    part of a High Priority Corrective Action Plan (HPCAP) on property located at 900 Kern Street,
    Normal, McLean County (site). Pet. at 1.
     
    The petition asserts that School District No. 5 removed an underground storage tank
    (UST) from the site on June 24, 1997. Pet. at 1. School District No. 5 alleges a release of
    petroleum from the UST was discovered. School District No. 5 asserts that its consultant
    submitted an HPCAP to the Environmental Protection Agency (Agency), and the Agency
    approved the HPCAP with two conditions. Pet. at 2. First, the Agency requires that School
    C
    o
    n
    t
    r
    o
    l
      
    P
    r
    ogr
    a
    m
    f
    o
    r
      
    C
    l
    a
    s
    s
      
    V
      
    We l
    l
    s
    .
      
      
    o
    b
    t
    a
    i
    n
      
    B
    o
    a
    r
    d
      
    a
    p
    p
    r
    o
    v
    a
    l
      
    t
    o
      
    p
    l
    a
    c
    e
      
    t
    h
    e
      
    w
    h
    i
    c
    h
      
    i
    s
      
    t
    h
    e
      
    s
    u
    b
    j
    e
    c
    t
      
    o
    f
      
    t
    h
    i
    s
      
    p
    e
    t
    i
    t
    i
    o
    n
    .
      
      
     
    The owner of the two affected water wells is
    uant to Section 14.2(c) of the Environmental
    with the Board and the Agency
    s applicable to a community water supply. 415
     
    School District No. 5 has the burden of proof. 415 ILCS 5/40(a)(1) (2002);
    see also
    35
    Ill. Adm. Code 106.310. The Board will hold at least one hearing in an exception proceeding
    and the hearing officer will schedule the hearing. 35 Ill. Adm. Code 106.308. The Board will
    grant an exception where the petitioner has presented adequate proof:
     
     
    2
    “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.” 415 ILCS 5/14.2(c) (2002).
     
    The Board directs that this matter proceed to hearing as expeditiously as practicable. The
    assigned hearing officer must set the matter for hearing in accordance with the requirements of
    the Act and the Board’s procedural rules.
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on November 6, 2003, by a vote of 6-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top