CLERK’S OFFICE

NOV

052004

STATE OF ILLINOIS

Pollution Control Board

IN THE MATTER OF:

MAXIMUM SETBACK ZONES

35

Iii. Adm.

Code 618

Dorothy Gunn, Clerk

General Counsel

Illinois Pollution Control Board

Illinois Dept. ofNatural Resources

James R. Thompson Center

One Natural Resources Way

100 W. Randolph, Suite 11-500

Springfield, Illinois 62702-1271

Chicago, Illinois

60601

Matt Dunn

Environmental Bureau Chief

Office ofthe Attorney General

James R. Thompson Center

100 W. Randolph,

12th

Floor

Chicago, Illinois 60601

PLEASE TAKE NOTICE that I have today filed with the Office ofthe

Clerk of the

Illinois Pollution Control Board the Illinois Environmental Protection Agency’s (“Illinois EPA’)

Motion for Acceptance, Appearance ofAttorneys, Statement ofReasons, and the Proposed

Regulations a copy ofeach ofwhich is herewith served upon you.

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

B~~~tJt~f

~A~

Kimberly A

Geving

Assistant Counsel

Division of Legal Counsel

DATE:

November

3,

2004

1021

North Grand Avenue East

P.O. Box 19276

Springfield, Illinois

62794-9276

(217)782-5544

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

RQ4-

)

Rulemaking-Public Water Supplies

)

)

THIS FILING SUBMITTED ON RECYCLED PAPER

---

Respectfully submitted,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

By:

44i~t.96~~

Renee Cip

o

Director

DATE:

November

3,

2004

1021

North Grand Avenue East

P.O. Box

19276

Springfield, Illinois

62794-9276

(217)782-3397

RECE~V~D~

CLERK’S OFRCE

-

NOV05

20~4

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

STATE

OF

ILLNOIS

Pollution

Contro’ E~oarc~

INTHEMATTEROF:

)

RO4~~

MAXIMUM SETBACK ZONES

)

Rulemaking-Public Water Supplies

35111. Adm. Code 618

)

)

MOTION FOR ACCEPTANCE

NOW COMES the

Illinois Environmental Protection Agency (“illinois EPA”)

and, pursuant to 35

Ill. Adm.

Code 102.202, moves the Illinois

Pollution Control Board

(“Board”) to

accept the Illinois EPA proposal forhearing.

This regulatory proposal

includes:

1) the Statement ofReasons and 2) the proposed regulations.

THIS FILING SUBMITTED ON RECYCLED PAPER

---

R

~

C

E i

~ D

CLERK’S OFFUE

BEFORE THE ILLiNOIS POLLUTION

CONTROL BOARD

NOV 052004

IN THE MATTER OF:

)

RQ4~i)

~(

PoUt~ Control Boa rd

MAXIMUM SETBACK ZONES

)

Rulemaking-Public Water Supplies

35 III. Adm. Code 618

)

)

APPEARANCE

The undersigned, as one ofits attorneys, hereby enters her entry ofAppearance on

behalfofthe Illinois Environmental Protection Agency.

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

By:__

Assistant Counsel

Division ofLegal Counsel

DATE:

November

3,

2004

1021

North Grand Avenue East

-

P.O. Box

19276

Springfield, Illinois 62794-9276

(217)782-5544

THIS FILING SUBMITTED

ON RECYCLED

PAPER

---

REC~VED

CLERK’S OFFICE

NOV

05

2004

BEFORE THE ILLINOIS POLLUTION CONTROL BO~~rE

OF ILLINOIS

Pollution COntrol Board

IN

THE MATTER OF:

)

ü~-~

RO4~

-

MAXIMUM SETBACK ZONES

)

Rulemaking-Public Water Supplies

35

Ill. Adm. Code 618

)

)

-

APPEARANCE

The undersigned, as one of its attorneys, hereby enters her entry ofAppearance on

behalf ofthe Illinois Environmental Protection Agency.

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

By:

~A~L~J

~J4~’t~

Stepfi~nie

Flowers

Assistant Counsel

Division ofLegal

Counsel

DATE:

November

3,

2004

1021 North Grand Avenue East

-

P.O.

Box

19276

Springfield, Illinois

62794-9276

(217)782-5544

-

THIS FILING SUBMITTED ON RECYCLED PAPER

---

~ECE~VED

CLERK’.S. OFFICE

BEFORE THE ILLINOIS POLLUTION CONTROL BOARDNO’/

052004

STATE OF

IL

LI ~~OI5

IN THE MATTER OF:

)

Pollution Control t~oard

MAXIMUM SETBACK ZONES

)

R,Q4~

35

Ill. Adm.

Code

618

)

(Rulemaking- Public Water Supplies)

)

STATEMENT OF REASONS

The

Illinois

Environmental

Protection

Agency

(Illinois

EPA)

hereby

submits

this

Statement of Reasons, under Section

27 of the Illinois

Environmental Protection Act

(Act) (415

ILCS

5/27)

and

35

Il.

Adm.

Code

§

102.121(b) in

support of these proposed regulations.

On

March 22, 2004, the City ofMarquette Heights, located in Tazewell County, adopted

a

resolution

requesting the Illinois EPA to propose a regulation to increase the setback zone of the Marquette

Heights community water supply (CWS).

The Illinois

EPA proposes these rules

in

response to

the need to

expand the setback zone protection for the highly vulnerable groundwater serving the

Marquette Heights CWS

wells.

Thus,

the Illinois EPA has developed

this proposal

in response

to this statement and the need to protect the groundwater supplied to Marquette Heights residents

as drinking water.

Under

Section

14.3(d) of the Act

(415

ILCS

5/14.3(d)),

the Illinois

EPA, after written

notice

to

the

appropriate

county

and

municipality,

has the

authority

to

propose

a

maximum

setback zone proposal

to

the Illinois

Pollution

Control Board

(Board).

The

Illinois

EPA

can

develop such a proposal based upon the following from Section

14.3(d) ofthe Act:

Such proposal

shall be

based

upon

all

reasonably available hydrogeologic

information,

include

the justification for expanding the zone of wellhead protection,

and specify the

boundaries of such zone,

no

portion of which

shall be

in

excess of 1,000

feet from the

welihead.

Such

justification

shall

include

the need to

protect

a

sole

source

of public

water supply or a highly vulnerable source ofgroundwater, or an Agency finding that the

presence ofpotential primary or potential secondary sources or potential routes represents

a significant hazard to

the public health or the environment.

---

The

Illinois

Groundwater

Protection

Act

(IGPA)

(415

ILCS

55/1),

and

related

amendments to

the

Act,

were

enacted in

September

1987.

Section

14.2

of the Act

(415

ILCS

5/14.2)

establishes minimum setback zones of 200

or 400

feet for CWS

wells.

New

potential

primary

sources,

new

potential

routes,

and

new

potential

secondary

sources,

as

defined

in

Sections 3.345,

3.350 and

3.355

of the Act (415 ILCS

5/

3.345,

3.350

and

3.355),

respectively,

are prohibited within these areas.

Section

14.3 ofthe Act (415 ILCS

5/14.3) provides

additional

protection for CWS wells by authorizing either the county or municipality served by a CWS well

or the Board to establish a maximum setback zone ofup to

1,000

feet from the wellhead.

Under

Section

14.3(e)

of the

Act

(415 ILCS

5/14.3),

no

new potential primary sources can.be located

within a maximum setback zone.

Section

14.3

of the

Act

provides

the

authority

to

the

Board

and

to

counties

~nd

municipalities served byCWS wells to

establish maximum setback zones.

However, the Illinois

EPA is required to approve the adequacy of a demonstration that the “lateral area ofinfluence”

is

larger than the minimum setback zone before adoption ofmaximum setback zones.

The Illinois

EPA was required to

develop procedures to

make such determinations using pumping tests and

estimation

procedures.

The

Illinois

EPA

developed

and

adopted

35

Iii.

Adm.

Code

671,

Maximum Setback Zone Rules for Community Water Supply

Wells, which

details the technical

criteria for determining the

lateral area of influence (LAI).

Subpart B ofPart

671

sets

forth the

procedures for determining the LAI ofwells under normal operating conditions.

Section

14.4 of the Act

(415 ILCS

5/14.4)

also requires the development of technology

control regulations

that

apply to

certain activities

located within

the setback zone or regulated

recharge area ofpotable

water supply wells.

Activities regulated under Section

14.4 of the Act

include:

2

---

1.

land

filling,

land treating,

surface

impounding

or piling

of special

waste

and

other

wastes which could cause contamination of groundwater and which

are generated on

the site, other than hazardous,

livestock

and

landscape waste,

and

construction

and

demolition debris;

2.

storage of special waste

in

an

underground storage tank for which

federal

regulatory

requirements forthe protection ofgroundwater are not

applicable;

3.

storage and related handling ofpesticides and fertilizers at a facility for the purpose of

commercial application;

4.

storage and related handling ofroad oils

and de-icing agents at a central location; and

5.

storage and related handling of pesticides

and

fertilizers

at a

central location for the

purpose ofdistribution to retail sales outlets. (415 ILCS

5/14.3)

The Board adopted these technology

control regulations for Existing and Ne~iActivities

within

Setback

Zones

and

Regulated

Recharge

Areas

(35

III.

Adm.

Code

615

and

616)

(Technical

Standards)

on

December 6,

1991.

Those regulations

apply to

this new Part 618

and

are cross-referenced

in Section 618.200.

General Overview

After

significant negotiations between environmental groups, business groups,

and

local

government, the IGPA was proposed to the Illinois General Assembly and enacted in September

1987.

Under the

authority of the IGPA,

the

groundwater protection program

advanced

five

general principles that are relevant to

this proposal:

local involvement partnership between State

and

local

interests,

differential

protection

for

the

aquifer,

the

need

for

sound

technical

information,

and

a

preference

for prevention.

With

regard

to

these

principles,

the regional

protection

program

emphasized

local

involvement

where

information transfer,

education, and

advocacy were

accentuated over regulation.

Local

governments were

authorized, not mandated,

to

adopt

setback zone

ordinances

and

to

do

groundwater protection needs

assessments

under

Illinois EPA guidance.

3

---

As part of a

responsible

partnership between

State

and

local

governments,

the Illinois

EPA developed a well site survey program to

generate needed information for local

governments

to

use

in

adopting ordinances.

Upon request

from

smaller

local governments,

the Illinois

EPA

was authorized to do hazard reviews to help determine the need for local groundwater protection.

The

IGPA mandated

statewide

mapping

of “appropriate recharge

areas,”

and

after a two-year

period, authorized the Illinois EPA to

propose regulations for needed maximum setback zones in

instances where

local governments choose not to

act.

Section

17.2

of the

Act

(415

ILCS

5/1)

requires the

creation of Priority Groundwater

Protection

Planning

Regions.

These

Priority

Groundwater

Protection

Planning

Regions

and

associated

committees

were

established

based

on

identification of appropriate

recharge

area

mapping

conducted

by

the

Department

of Natural

Resources

(DNR)

as required

by

Section

7(b)(2)

of the

IGPA.

•The

DNR

published

the

“Potential

for

Aquifer

Recharge

in

Illinois

Appropriate

Recharge

Area

Map”

in

1990.

The Priority

Groundwater

Protection

Planning

Committees include

representative

from

counties

and

municipalities,

owners

and

operators

of

public

water supplies

utilizing

groundwater, and

members of the

general

public

interested

in

protecting

groundwater.

The

Illinois

EPA further refined the

general

public

representation to

include members from business, environmental, and agricultural interests.

The Central Regional Planning Committee (CRPC) was established in

1991.

The CRPC

is one of four priority groundwater protection planning regions

that have been established in the

•

State.

The

central

region

is

comprised

of

the

counties

of Mason,

Peoria,

Tazewell

and

Woodford.

The Marquette Heights CWS wells are located in Tazewell County.

4

---

Purpose and Effect ofthe Proposal

The purpose of this regulation

is

to

prevent

contamination of the groundwater used by

Marquette

Heights

CWS.

The

provisions

proposed

herein

will

reduce

the

potential

risk

of

contamination to the aquifer within the maximum setback zone utilized by the CWS

and thereby

increase the assurance of a safe and adequate source ofpotable water.

Facts Supporting the Proposal

The Illinois EPA has provided forreview

and consideration by the Board the facts, which

support

the adoption of maximum setback zones for the Marquette

Heights

CWS

wells.

The

following

subsection

contains

a

synopsis

of the

Illinois

EPA’s

methodology,

rationale,

and

conclusions underlying this regulatory package.

Delineation ofa Welihead Protection Area for Marquette Heights CWS Wells

The City of Marquette

Heights has CWS

wells

located in North Pekin.

It

is

estimated

that the average

daily pumpage from

the groundwater source of 240,900

gallons per day (gpd)

supplying about 3,200 persons directly.

The Illinois

EPA conducted

a

source water assessment pursuant

to

§

1453 of the

federal

Safe

Drinking

Water

Act

(SDWA)

for the

Marquette

Heights

CWS

wells.

This

assessment

evaluated the existing water quality, intrinsic geologic vulnerability, existing potential

sources of

groundwater contamination, and determined the overall

susceptibility ofthese wells based on the

combination ofthese factors.

Each ofthe wells is susceptible to groundwater contamination.

In addition, the Illinois EPA contracted with RAPPS Engineering and Applied Science to

develop

a

regional

groundwater

flow

model

for

the

Creve

Coeur

to

Pekin

area,

and

to

subsequently

delineate

the

recharge

areas

for

the

Marquette

Heights

wells.

This

more

sophisticated approach allowed for the determination of an

irregular

shaped maximum

setback

5

---

zone,

up

to

1,000

feet,

for

the

respective

wellheads

by

taking

into

account

the

regional

groundwater gradient

in

combination

with

the LAI,

and

other

pumping

stresses

in

the

area.

Recharge

area

modeling

was

conducted

to

be

consistent

with

35

Ill.

Adm.

Code

671.

Groundwater

flow modeling

was performed

to

evaluate the adequacy of protection afforded

to

resource

groundwater

by

the minimum

zones

established

for Marquette

Heights

CWS

wells.

This evaluation demonstrates that recharge is occurring beyond the minimum setback zones, and

that the wells are not adequately protected.

Regulatory Development and Public Notice

On

March

29,

2004,

the

Illinois

EPA

received

a

letter

from

the

Mayor of~Marquette

•

Heights with

an enclosed resolution requesting for us to develop this proposal.

After receipt of

this

letter and resolution the source water assessment

completed for Marquette Heights

on April

25,

2003

was evaluated to

determine the susceptibility/vulnerablity ofthe wells

to

groundwater

contamination.

The Illinois EPA can develop a maximum setback zone proposal based upon the

following from Section 14.3(d) ofthe Act (415 ILCS

5/14.3(d)):

Such

proposal

shall be

based

upon

all

reasonably available

hydrogeologic information,

include the

justification

for expanding the zone of wellhead

protection,

and

specify the

boundaries

of such zone, no

portion of which shall

be in

excess of 1,000

feet from

the

wellhead.

Such justification

shall

include

the

need

to

protect

a

sole

source of public

water supply or a highly vulnerable source ofgroundwater, or an Agency finding that the

presence ofpotential primary or potential secondary sources orpotential routes represents

a significant hazard to the public health or the environment. (Emphasis added)

Evaluation conducted by the Illinois EPA concludes that the Marquette Heights CWS

wells are a highly vulnerable source of groundwater.

In addition, the Illinois EPA issued an

advisory ofgroundwater contamination hazard forNorth Pekin and Marquette Heights on July

25,

1990 pursuant to Section

17.1(g) of the Act

(415 ILCS

5/17.1(g)).

This advisory was i~sued

due

to the presence ofpotential

sources ofgroundwater contamination that represented

a

6

---

significant hazard to public

health and the environment.

Therefore, this proposal meets the

requirements for justification, emphasized above, under Section 14.3(g) ofthe Act.

Further,

pursuant to Section

14.3(d) ofthe Act, the Illinois EPA provided notice by certified mail to the

City ofMarquette Heights, Village ofNorth Pekin, the Tazewell County Zoning Office, and the

Central Priority Groundwater Protection Planning Committee on June 21,

2004.

On July 7,

2004, the Central PriorityPlanning Committee included discussion of the proposed Marquette

Heights maximum setback zone as one ofthe agenda items fordiscussion.

The Illinois EPA

presented the background on the proposal and asked for the committee’s input.

A couple of

general questions were asked and

answered to their satisfaction.

The regional committee

•

understood the need for this protective measure and raised no objections to proceeding with the

proposal.

The IGPA (415 ILCS

55/5),

established the Interagency Coordinating Committee on

Groundwater (ICCG). The Illinois EPA chairs the ICCG.

The ICCG is comprised of: the Illinois

Department ofPublic Health (IDPH); Department of Natural Resources (DNR); Department of

Agriculture (DOA); Illinpis State Fire Marshall (ISFM); Department ofCommerce

and

Economic Opportunity (DCEO), and Illinois Emergency Management Agency

(IEMA).

The

IGPA also establishes the Groundwater Advisory Council (GAC).

The GAC is comprised of

environmental, business, public water supply,

county and municipal government, regional

planning, and water well driller interest group representatives.

The ICCG and GAC work

jointly, and the Illinois EPA is the liaison between the ICCG and GAC.

This state level

coordinating committee and advisory council also works with the four priority groundwater

protection-planning committees (415 ILCS 5/17.2) with diverse local

stakeholder representation.

A joint meeting ofthe ICCG and

GAC was held on July 27, 2004 to discuss, among under

7

---

issues, their input on the Marquette Heights maximum setback zone proposal.

Similar to

the

regional committee, the GAC understood the need for the proposal and raised no objections.

Pursuant

to Section

14.3 (d) of the Act,

the Illinois EPA “...mayproceed with filing such

a proposal unless the county or municipality, within 30 days ofthe receipt ofthe written notice,

files a request for a conference with the Agency.

The Illinois EPA did not receive any

comments, within the 30-day period prescribed by Section 14.3(d) ofthe Act, from

Cityof

Marquette Heights, Village ofNorth Pekin, or the Tazewell County Zoning Office in regard to

the written notice provided to them by the Illinois EPA on June

25,

2004.

Accordingly, we are

proceeding with this proposal to the Board.

-

The Illinois EPA’s Proposal

The following is a section-by-section summary ofthe Illinois EPA’s proposal.

Subpart A General Maximum Setback Zones

This

Subpart establishes the general provisions associated with maximum setback zones

that are adopted by the Board.

-

.-

Section6l8.l00Purpose

-

This

Section

defines

the

purpose

of

maximum

setback

zone

regulations

delineated

pursuant to Section

14.3 ofthe Act (415 ILCS

5/14.3).

Section 618.105 Definitions

The illinois EPA has proposed general definitions for maximum setback zones within the

State

of illinois.

The definitions proposed

are

derived

from

the Act,

IGPA,

and

other Board

regulations.

.•

Subpart B Marquette Heights CWS Well Maximum Setback Zones

-

8

---

This Subpart details the specific requirements that are being proposed to apply within the

delineated Marquette Heights CWS well maximum setback zones.

Section 618.200 Purpose

The Purpose section describes the standards and requirements being proposed for the

protection ofthe Marquette

Heights CWS

wells.

Section 618.205

1,000 Foot Maximum Setback Zone Prohibition

Section

6 18.205

describes

the

requirement

that

new

potential

primary

sources

are

prohibited

within the maximum setback zone ofthe Marquette Heights

CWS wells

in Appendix

A of this Part.

This requirement is based on Section

14.3 ofthe Act.

-

Section 618. Subpart B.Appendix A

Appendix A details a map of the Marquette Heights CWS wells (50280 and 50281),

-

maximum setback zoneboundaries, roads, and propertyboundaries and associated identification

numbers.

The local property boundaries and

associated identification numbers were obtained

from the county assessor’s office.

In addition, to assist with implementation, ease of

understanding ofthe area being regulated, and conformance with local zoning, Illinois EPA has

annotated the map with the properties located wholly or partiallywithin the proposed maximum

setback zone.

Enforceability

•

A violation of a rule or

standard

set

out

in of 35

Ill.

Adm.

Code

618

Subpart

B,

once

adopted by the Board, would

constitute

a violation of the Act

(415

ILCS

5/14.3

and

415

ILCS

5/18) p~Se.

Where the violation of the Part 618 maximum setback zone also causes,

threatens,

or

allows

groundwater

pollution,

the

infringement

would

constitute

a

violation

-of

the

9

---

Groundwater Quality

Standards

(35

Ill.

Adm.

Code

620) and

Section

12

of the Act

(415

ILCS

5/12 (1996)).

Agency Witness and Synopsis ofTestimony

The Agency will provide one witness in this proceeding:

Rick Cobb.

Mr.

Cobb will

provide an overview ofthe background necessitating this proposal

as well as the regulatory

development process and support for the entire proposal.

The Agency will submit written testimony in advance ofthe hearings pursuant to any

hearing officer order that follows this proposal.

The Agency respectfully requests that the Board

accept Mr. Cobb’s testimony into the record as if read at hearing and allow him to briefly

•

summarize his testimony during the hearing.

The suggestion has streamlined several regulatory

hearings in the past and offers the Agency the opportunity to more fully respond to questions

(pre-filed or otherwise) during the information gathering process.

Technical Feasibility and Economical Reasonableness

The pollution

of groundwater

can

have

wide-ranging

economic

implications

to

local

communities.

Groundwater contamination can produce significant eôonomic

hardships for local

businesses and

communities,

including

the following:

devalued

real estate;

diminished

home

sales or commercial real estate

sales; loss to

the tax base; consulting

and

legal

fees; increased

operation

and maintenance

costs;

increased water rates for alternative water supplies

as well as

the cost of new equipment and

treatment; and remediation

costs

including site characterization,

feasibility

studies,

and

long-term

treatment

and

disposal

costs.

In

contrast,

establishing

a

maximum setback will reduce the likelihood of contamination, therebyreducing costs.

•

10

---

Conclusions

The Illinois

EPA’s

maximum

setback zone

rule proposal

is

consistent

with the

Illinois

EPA philosophy, as discussed early in

this document.

The Illinois EPA’s proposal forprotection

of groundwater in

this

rulemaking is

limited

to potential

sources of groundwater contamination

located within Marquette Heights CWS well maximum setback zones.

In summary, the Illinois EPA’s proposed regulations do the following:

expand the area of

applicability

for the

Board’s

existing

technical

standards;

and require the prohibition

of new

potential primary sources from locating within the maximum setback zone.

Promulgation of this proposal

is

necessary to protect the immediate recharge area ofthe

Marquette

Heights

CWS

wells

and

the

groundwater supplying

the City

of Marquette

Heights.

The proposed regulation is economically reasonable and technically

feasible.

The Illinois

EPA

respectfully requests the Board to adopt the Illinois EPA’s proposed regulation in

its entirety as

submitted.

-

-

-

Respectfully submitted,

ILLINOIS ENVIRONEMENTAL

PROTECTTON AGENCY

By:

________________________

I

Kimberl~’A.

Geving

(~)

Assistant’ Counsel

DATED:

November

3,

2004

1021

North Grand Avenue East

P.O. Box 19276

Springfield, Illinois

62794-9276

(217)782-5544

THIS FILING SUBMITTED ON

RECYCYLED

PAPER

11

---

REC~JVFD

CLERK’S OFFICE

ILLINOIS REGISTER

NOV

05

2004

STATE OF ILLINOIS

PoiluUon Control Board

ILLINOIS POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

1)

Heading of the Part:

Maximum Setback Zones.

2)

Code Citation:

35 Ill. Adm. Code 618.

3)

Section Numbers:

All.

Proposed Action:

new rule.

4)

Statutory Authority:

Implementing Section

14.3 and authorized by Section 27

ofthe Illinois

Environmental Protection Act

415

ILCS

5/14.3

and 27.

5)

Acomplete Description ofthe Subjects and Issues Involved:

Part 618 is a

new Part

that prescribes maximum setback zones that apply under 35

Ill.

Adm. Code Parts 615

and 616.

This new Part is necessary to ensure public

health, safety, and welfare;

to preserve the quality and quantity of

groundwater resources in order to ensure a safe and adequate water supply for

present and future generations; and to preserve groundwater resources

currently in use and those aquifers having a potential for future use as a public

water supply.

6)

Will this

proposed rule replace an emergency rule currently in effect?

No.

7)

Does this rulemaking contain an automatic repeal

date:

Yes

~No

8)

Does this proposed rule contain incorporations by reference?

Yes.

9)

Are there any other proposed rule(s) pending on this Part?

No.

10)

Statement ofStatewide Policy Objectives:

See number

5

above.

11)

Time, Place, and Manner in which interested persons may comment on this

proposed rulemaking:

To be determinedby the Pollution Control Board.

12)

Initial Regulatory Flexibility Analysis:

A)

Types ofsmall businesses, small municipalities and not for profit

corporations affected:

This rule will affect any small business, small

municipality, or not-for-profit corporation that is located within the

maximum setback zone and does any ofthe following:

land filling, land

treating, surface impounding or piling ofspecial waste and otherwastes

that could cause contamination of groundwaterwhen such wastes are

generated on the site (other than hazardous, livestock and landscape waste,

1

---

and construction and demolition debris); storing ofspecial waste in an

underground storage tank for which federal regulatory requirements for

the protection ofgroundwater are not applicable; storing and related

handling ofpesticides and

fertilizers at a facility forthe purpose of

commercial application; storing and related handling ofroad

oils and de-

icing agents at a central location; or storing and related handling of

pesticides and

fertilizers at a central location for the purpose of

distribution to retail sales outlets.

415

ILCS 5/14.3

Further, this rule will affect any small business, small municipality, or not-

for-profit corporation that proposes to locate a Potential Primary Source

(as defined in the regulation) within such zone after the effective date of

this regulation.

B)

Reporting, bookkeeping orother procedures required for compliance:

None under the newPart 618, but Parts 616

and 617, referenced in this

rule, do have reporting requirements.

-

C)

Types ofprofessional skills necessary for compliance:

Part 618 does not

necessarily require professional skills outside ofthe general knowledge of

a water supply operator or the owner and operator of a site that is a new

potential primary source.

However, Parts 616 and

617, referenced in this

rule, do require the use ofeither a Professional Engineer or Professional

Geologist.

13)

Regulatory Agenda on which this rulemaking was summarized:

July 2004

The full text ofthe Proposed Rule begins on the next page:

2

---

ILLINOIS REGISTER

ILLINOIS POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

TITLE 35:

ENVIRONMENTAL PROTECTION

SUBTITLE F:

PUBLIC WATER SUPPLIES

CHAPTER I:

POLLUTION CONTROL BOARD

PART 618

MAXIMUM SETBACK ZONES

SUBPART

A:

GENERAL

Section

618.100

Purpose

6 18.105

Definitions

SUBPART B:

MARQUETTE HEIGHTS’ MAXMUM

SETBACKZONE

Section

618.200.

PurposeS

6 18.205

1,000 Foot Maximum Setback Zone Prohibition

Appendix A

Boundary ofMarquette Heights’ Maximum Setback Zone

AUTHORITY:

Implementing

Section

14.3

and

authorized

by

Section

27

of

the

Illinois

Environmental Protection Act

415

ILCS 5/14.3

and 27.

-

SOURCE:

Proposed in R

_____

at _____Ill. Reg.

_____

,effective ________________________

SUBPART A:

GENERAL

Section 618.100

Purpose

This Part is established in the interest ofsecuring the public health, safety, and welfare; to

preserve the quality and quantity ofgroundwater resources in order to assure a safe and adequate

water supply for present and future generations; and to preserve groundwater resources currently

in use and those aquifers having a potential for futureuse as a public water supply.

Pursuant to

the authorityof Section

14.3 ofthe Illinois Environmental Protection Act (“Act”), 415 ILCS

5/1,

and 35

Ill. Adm. Code 671, the provisions ofthis Part apply to all properties located within the

maximum setback zone established under Section

14.3 ofthe Act and this regulation.

Section 618.105

Definitions

---

ILLINOIS REGISTER

ILLINOIS POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

Unless a different meaning of a word or term is clearfrom the context, the definitions ofwords

or terms in this Part are the same as those used in 35

Ill. Adm. Code 671, the Act, or the Illinois

Groundwater Protection Act 415

ILCS

55/1.

“Agency” means the Illinois Environmental Protection Agency.

“Board” means the Illinois Pollution Control Board.

“Facility” means

the buildings and all real property contiguous thereto, and the

equipment at a single location usedfor the conduct ofbusiness.

430

ILCS 45/3

“New Potential Primary Source” means:

a potentialprimary source which is not in

existence orfor which

construction has not commenced at its location as ofJanuary 1,

1988; or

a potentialprimary source which expands laterally beyond the

currentlypermitted boundary or,

~f

theprimary source is not

permitted, the boundary in existence as ofJanuary 1,

1988; or

a potentialprimarysource which is part ofa facility that undergoes major

-

reconstruction.

Such reconstruction shall be deemed to have takenplace

where thefixed capital cost ofthe new components constructedwithin

a 2-

year period exceed 50

ofthefixed capital cost ofa comparable entirely

newfacility.

(Section 3.345 ofthe Act)

“New Potential Route” means:

a potential route which is not in

existence orfor which

construction has not commencedat its location as ofJanuary

1,

1988; or

a potential route which

expands laterally beyond the currentlypermitted

boundary or,

~f

thepotential route is not permitted, the boundary in

•

existence as ofJanuary

1, 1988.

(Section 3.350 ofthe Act)

-

“New Potential Secondary Source” means:

---

ILLINOIS REGISTER

ILLINOIS POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

a potential secondary source which is not in existence orfor which

construction has not commenced at its location

as ofJuly 1,

1988; or

a potential secondary source which expands laterally beyond the currently

permitted boundary or,

~f

the secondary source is not pennitted,

the

boundary in existence as ofJuly 1,

1988, other than an

expansionfor

handling oflivestock waste orfor treating domestic wastewaters; or

a potentialsecondary source which

is part ofa facility that undergoes

major reconstruction.

Such reconstruction shall be deemed to have taken

place where thefixed capital cost of the new components constructed

within

a 2-yearperiod exceed 50

ofthefixed capital cost of a

comparable entirely newfacility

(Section 3.355 ofthe Act); and

A new potential secondary source excludes an agrichemical facility that

mod~fIes

on-site storage capacity such that the volume ofthepesticide

storage does not exceed 125

ofthe available capacity in existence on

April 1,

1990,

or the volume offertilizer storage does not exceed 150

of

the available capacity in

existence on April 1,

1990;provided that a

written endorsementfor an

agrichemicalfacility permit is in effect under

Section 39.4 of

the

Act and the maximumfeasible setback is maintained.

This on-site storage capacity includes mini-bulkpesticides, package

-

agyichemical storage areas, liquid or dryfertilizers,

and liquid or dry

pesticides.

(Section 14.2(g)(4) ofthe Act)

“Potential Primary Source” means

any unit at afacility or site not currently

subject to a removal or remedial action which:

is

utilizedfor the treatment, storage,

or disposal ofany hazardous

orspecial waste not generatedat the site; or

is

utilizedfor the disposal ofmunicipal waste not generated at the

site, other than landscape waste and construction and demolition

debris; or

is utilizedfor the landfihling, land treating,

surface impounding orpiling

ofany hazardous or special waste that is generated on

the site or a

other

sites owned,

controlled or operated by the sameperson; or

---

ILLINOIS REGISTER

-

ILLINOIS POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

stores or accumulates at any time more than

75,000 pounds above ground,

or more than

7,500 pounds below ground, ofany hazardous substances.

(Section 3.345 ofthe Act)

“Potential route” means

abandoned and improperly plugged wells ofall kinds,

drainage wells, all injection wells, including closed loop heatpump wells, and

any excavationfor the discovery, development orproduction ofstone,

sandor

gravel.

(Section 3.350 ofthe Act)

“Potential secondary source” means

any unit at afacility or a site not currently

subject to a removal or remedial action,

other than a potentialprimary source,

which:

-

is utilizedfor 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 sameperson, other than livestockand landscape waste,

and construction and demolition debris; or

stores oraccumulates 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, ofany hazardOus substances; or

-

stores or accumulates at any time more than 25,000 gallons above

ground, or more than 500 gallons

below ground, ofpetroleum,

including

crude oilor anyfraction thereofwhich is not otherwise spec~/Ically

listed

or designated as a hazardous substance; or

stores or accumulatespesticides, fertilizers,

or road oilsfor purposes of

commercial application orfor distribution to retail sales outlets; or

stores or accumulates at any time more than 50,000 pounds of any de-

icing agent; or

is utilizedfor handling livestockwaste orfor treating domestic

wastewaters other than privatesewage disposal systems as defined in

the

Private SewageDisposalLicensingAct.

(Section 3.3

55

ofthe Act)

-

“Setback zone” means

a geographic area, designatedpursuant to

the

Act,

containing a potable water supply well or a potentialsource orpotential route,

having a continuous boundary, and within which certain prohibitions or

---

ILLINOIS REGISTER

ILLINOIS POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

regulations are applicable in

order to protectgroundwaters.

(Section 3.450 ofthe

Act)

“Site” means

any location, place, tract ofland, andfacilities, including but not

limited to buildings, and improvements usedfor purposes subject to

regulation or

control by

the

Act or regulations thereunder.

(Section 3.460 ofthe Act)

“Unit” means

any device, mechanism, equzpment,

or area (exclusive ofland

utilized onlyfor agriculturalproduction)

.

This term includes secondary

containment structures and their contents at agrichemicalfacilities.

(Section

3.515

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 ofthe facility.

The space takeD

up by any liner, dike or other barrier designed to

contain waste, pesticides,

ferti1izer~,

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

SUBPART B:

MARQUETTE HEIGHTS’ MAXIMUM SETBACK ZONE

Section 618.200

Purpose

This Subpart prescribes maximum setback zone prohibitions

and the applicable technology

control regulations that apply under 35

Ill. Adm.

Code 615 and 616 in the interest ofsecuring the

public health, safety, and welfare; to preserve the quality and quantity ofgroundwater resources

in order to assure a safe and adequate water supply for present and

future generations; and to

preserve groundwater resources currently in use and those aquifers having a potential for future

use as a public water supply.

The provisions ofthis regulation apply to all properties located

within the maximum setback zone boundaries ofMarquette Heights:

a)

For new potential primary sources of groundwater contamination pursuant to

Section

14.3(d) ofthe Act; and

b)

For existing and new activities regulated under 35 Ill.

Adm. Code

615 and

616 for

agrichemical facilities regulated under

8 Ill. Adm. Code 257 or 77 Ill.

Adm. Code

830 located wholly or partially within the maximum setback zone boundaries

delineated in Section 618.Appendix A ofthis Part.

Section 618.205

1,000

Foot Maximum Setback Zone Prohibition

---

ILLINOIS REGISTER

ILLINOIS

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

A prohibition is established for the location ofnew potential primary sources of groundwater

contamination within the Marquette Heights’ delineated

1,000 foot maximum setback zone

boundaries detailed in

Section 6l8.Appendix A ofthis Part.

Section

618.Appendix A:

Boundary ofMarquette Heights’ Maximum SetbackZone

Board Note:

A full-scale copy ofthis map is available forpublic inspection in the Board’s office

at the James R.

Thompson Center, 100 W. Randolph Street, Suite 11-500, Chicago, Illinois

60601.

---

WHOLLY

CONTAINED

102

111

115

21-011

27-039

7-037

38-018

27-049

.8-036

28-037

9-035

103

28-038

9-034

1-005

29-035

10-033

2-004

29-036

10-032

30-033

11-030-

106

30-034

12-029

68-007

31-031

12-028

69-006

31

-032

13-027

70-005

32-030

13-026

71-004

33-044

14-024

72-003

34-026

A-023

73-002

34-027

B-022

74-001

35-025

C-021

75-021

36-023

0-040

76-022

154-020

16-001

77-023

155-019

16-002

78-024

156-018

17-003

79-025

157-017

17-003

80-026

158-016

18-004

81-027

159-015

19-041

82-028

160-014

20-009

83-029

161-013

20-010

84-030

162-012

21-011

163-011

21-012

109

164-010

22-013

106-008

165-009

22-014

107-007

166-008

23-015

108-006

167-007

23-016

109-005

168-006

24-017

110-004

169-005

111-003

170-004

118

112-002

67-005

113-001

114

OutlotC-1

-006

114-019

0.56-008

OutIot

c-i

-007

115-020

2.02-002

116-021

2.02-003

119

117-022

2.27-007

1-001

118-023

2-002

119-022

3-003

120-025

4-004

121-026

PARTIALLY

CONTAINED

106

118

64-010

50-020

65-010

.

51-019

66-009

52-018

67-008

53-017

85-031

54-016

86-032

55-015

56-014

109

57-015

105-009

58-012

122-027

59-011

123-028

67-005

66-004

111

65-003

153-021

64-002

152-022

26-051

114A-009

115

8-010

6-038

6-039

104

25-042

1-008

120

103

15-002

3-003

14-00

1

102

119

36-016

5-005

37-017

6-006

22-010

7-007

8-008

10120-010

105

Park-001

-

200

100

0

200

400

600

Legend

•

Marquette

Heights

CWS

Wells

________

Marquette

Heights

Maximum

Setback

Zone

Pekin

Township

Platt

Map

SOURCE

tNFORMATION

Pekin

Township

Plait

Map

obtained

from

Tazewell

County

Assessors

Office.

Marquette

Heights

Community

Water

Supply

Wells

and

Maximum

Setback

Zone

Information

obtained

map

compiled

and

created

by

Illinois

EPA

Groundwater

Section

0

ILLINOIS

EPA

2004

SECTION

618.

SUBPART

B.

APPENDIX

A

MARQUETTE

HEIGHTS

MAXIMUM

SETBACK

ZONE

---

35 ILLINOIS ADMINISTRATIVE CODE

-

CH I

SUBTITLE F

TITLE

35:

ENVIRONMENTAL PROTECTION

SUBTITLE F:

PUBLIC WATER SUPPLIES

CHAPTER I:

POLLUTION CONTROL BOARD

PART 618

MAXIMUM SETBACK ZONES

SUBPART A:

GENERAL

Section

618.100

Prirpose

618.105

Definitions

SUBPART

B:

MARQUETTE HEIGHTS’

MAXIMUM SETBACK ZONE

Section

618.200

Purpose

-

6 18.205

1,000 Foot Maximum Setback Zone Prohibition

Appendix A

Boundary ofMarquette Heights’ Maximum Setback Zone

AUTHORITY:

Implementing

Section

14.3

and

authorized

by

Section

27

of

the

Illinois

Environmental Protection Act

415

ILCS 5/14.3

and 27.

.

SOURCE:

Proposed in R

_____

at

_____

Ill. Reg.

_____

,

effective

---

35 ILLINOIS ADMINISTRATIVE CODE

CH. I

SEC. 618.100

SUBTITLE F

SUBPART

A:

GENERAL

Section 618.100

Purpose

This Part is established in the interest ofsecuring the public health, safety, and welfare;

to

preserve the quality and quantity of groundwater resources in order to

assure a safe and adequate

water supply for present and future generations; and to preserve groundwater resources currently

in use and those aquifers having a potential for future use as a public water supply.

Pursuant to

the authority ofSection 14.3 ofthe Illinois Environmental Protection Act (“Act”), 415 ILCS

5/1,

and

35

Ill.

Adm.

Code 671, the provisions ofthis Part apply to all properties located within the

maximum setback zone established

under Section

14.3 ofthe Act and

this regulation.

---

35

ILLINOIS ADMINISTRATIVE CODE

CH. I

SEC. 618.105

SUBTITLE F

Section 618.105

Definitions

Unless a different meaning ofa word orterm

is clear from the context, the definitions of words

or terms in this Part arethe same as those used in 35 Ill.

Adm. Code 671, the Act, or the Illinois

Groundwater Protection Act

415

ILCS

55/1.

“Agency” means the Illinois Environmental Protection Agency.

“Board” means the Illinois Pollution Control Board.

“Facility” means

the buildings and all realproperty contiguous thereto, and the

equipment at a single location usedfor the conduct ofbusiness.

430

ILCS 45/3

“New Potential Primary Source” means:

a potentialprimary source which is not in existence orfor which

construction has not commenced at its location as ofJanuaiy

1,

1988; or

a potentialprimary source which expands laterally beyond the

currentlypermitted boundary or,

~f

theprimary source is not

permitted, the boundary in existence as ofJanuary

1,

1988; or

a potentialprimary source which

is part ofa facility that undergoes major

reconstruction.

Such reconstruction shall be deemed to have takenplace

where thefixed capital cost ofthe new cOmponents constructed within

a 2-

year period exceed 50

ofthefixed capital cost ofa comparable entirely

newfacility.

(Section 3.345 ofthe Act)

“New Potential Route” means:

a potential route which is not in existence orfor which

construction has not commenced at its location as ofJanuary

1,

1988; or

a potential route which expands laterally beyond the currentlypermitted

boundary or,

~f

the potential route is not permitted, the boundary in

-

existence as ofJanuary

1,

1988.

(Section 3.350 ofthe Act)

“New Potential Secondary Source” means:

---

35 ILLINOIS ADMINISTRATIVE CODE

CH. I

SEC. 618.105

SUBTITLE F

-

a potential secondary source which is

not in existence orfor which

construction has not commencedat its location

as ofJuly 1,

1988; or

a potential secondary source which expands laterally beyond the currently

permitted boundary or,

~f

the secondary source is not permitted, the

boundary in existence as ofJuly 1,

1988,

other than an

expansionfor

handling oflivestock waste orfor treating domestic wastewaters; or

a potentialsecondary source which

is part ofa facility that undergoes

majorreconstruction.

Such reconstruction shall be deemedto have taken

place where thefixed capital cost ofthe new components constructed

within a

2-yearperiod exceed 50

ofthefixed capital cost ofa

comparable entirely newfacility

(Section

3.355

ofthe Act); and

A new potential secondary source excludes an agrichemical facility that

mod~fles

on-site storage capacity such that the volume ofthepesticide

storage does not exceed 125

of the available capacity in existence on

April 1,

1990, or the volume offertilizerstorage does not exceed 150

of

the available capacity in existence on April 1,

1990; provided that a

written endorsementfor

an agrichemicalfacilitypermit is in effect under

Section 39.4

ofthe

Act and the maximumfeasible setback is maintained.

-

This on-sitestorage capacity includes mini-bulkpesticides, package

agrichemical storage areas; liquid or dryfertilizers,

and liquid ordry

pesticides.

(Section 14.2(g)(4) ofthe Act)

“Potential Primary Source” means

any unit at a facility or site not currently

subject to a

removal or remedial action which:

is utilizedfor the treatment, storage,

ordisposal ofany hazardous

or special waste not generated at the site; or

is utilizedfor the disposal ofmunicipal waste not generated at the

site, other than landscape waste and construction and demolition

debris; or

.

-

is utilizedfor the landfilling,

land treating, surface impounding orpiling

ofany hazardous or specialwaste that is generated on the site or at other

sites owned,

controlled or operatedby the sameperson; or

---

35 ILLINOIS ADMINISTRATIVE CODE

CH. I

SEC. 618.105

SUBTITLE F

stores or accumulates at any time more than

75,000 pounds above ground,

ormore than

7,500pounds below ground, ofany hazardous substances.

(Section 3.345 ofthe Act)

“Potential route” means

abandoned and improperly plugged wells ofall kinds,

drainage wells, all injection wells, including closed ioop heatpump wells, and

any excavationfor the discovery, development orproduction ofstone, sandor

gravel.

(Section 3.350 ofthe Act)

“Potential

secondary source” means

any unit at afacility or a site not currently

-

subject to a removal or remedial action,

other than a potentialprimary source,

which:

is utilizedfor 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 sameperson, 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,

ofany hazardous substances; or

-

stores or accumulates at any time more than 25,000 gallons above

ground, or more than 500 gallons belowground, ofpetroleum, including

crude oil or anyfraction thereofwhich is not otherwise speqfically listed

or designatedas a hazardous substance;-or

stores or accumulatespesticides, fertilizers, or roadoilsforpurposes of

commercial application orfor distribution to retail sales

outlets; or

stores or accumulates at any time more than 50,000pounds ofany de-

icing agent; or

-

is utilizedfor handling livestockwaste orfor treating domestic

wastewaters other than private sewage disposal systems as defined in the

Private Sewage DisposalLicensing Act.

(Section

3.355

ofthe Act)

-

“Setback zone” means

a geographic area, designatedpursuant to

the

Act,

containing apotable water supply well or a potential source orpotential route,

having a continuous boundary, and within which certain prohibitions or

---

35

ILLINOIS ADMINISTRATIVE

CODE

CH.

I

SEC

618.105

SUBTITLE F

regulations are applicable in order to protect groundwaters.

(Section

3.450

of the

Act)

“Site” means

any location, place, tract ofland,

andfacilities,

including but not

limited to buildings, and improvements usedfor purposes subject to regulation or

control by

the

Act or regulations thereunder.

(Section 3.460 ofthe Act)

“Unit” means

any device,

mechanism, equipment, or area (exclusive ofland

utilized onlyfor agriculturalproduction).

This term includes secondary

containment structures and their contents at agrichemicalfacilities.

(Section

3.515

ofthe Act)

“Unit boundary” means a line at the land’s

surface circumscribing the area on

which, above which, orbelow which waste, pesticides, fertilizers, road oils or de-

icing agents will be placed during the active life ofthe facility.

The space taken

up by any liner, dike or other barrier designed to

contain waste, pesticides,

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

---

35

ILLINOIS ADMINISTRATIVE CODE

CH. I

SEC.

618.200

SUBTITLE

F

SUBPART B: MARQUETTE HEIGHTS’ MAXIMUM SETBACK ZONE

Section

618.200

Purpose

This Subpart prescribes maximum setback zone prohibitions and the applicable technology

control regulations that apply under

35

Iii.

Adm. Code

615

and 616 in the interest ofsecuring the

public health, safety, and welfare; to preserve the quality and quantity ofgroundwaterresources

in order to assure a safe and adequate water supply for present and future generations;

and to

preserve groundwater resources currently in use and those aquifers having a potential for future

use as a public water supply.

The provisions of this regulation applyto all properties located

within the maximum setback zone boundaries ofMarquette Heights:

a)

For new potential primary sources of groundwatercontamination pursuant to

Section

14.3(d) ofthe Act; and

b)

For existing and new activities regulated under

35

Iii.

Adm. Code

615

and 616 for

agrichemical facilities regulated under 8 Iii. Adm.

Code

257

or 77 Iii. Adm.

Code

830 located wholly orpartially within the maximum setback zone boundaries

delineated

in Section 618.Appendix A ofthis Part.

---

35 ILLINOIS ADMINISTRATIVE CODE

CH. I

SEC. 618.205

-

SUBTITLE F

-

Section 618.205

1,000 Foot Maximum Setback Zone Prohibition

A prohibition is established for the location ofnew potential primary sources of groundwater

contamination within the Marquette Heights’ delineated

1,000

foot maximum setback zone

boundaries detailed in Section 618.Appendix A ofthis Part.

---

---

35 ILLINOIS ADMINISTRATIVE CODE

CH. I

SEC. 618.APP.A

SUBTITLE F

Section 618.Appendix

A:

Boundary ofthe Marquette Heights’ Maximum

Setback Zones

Board Note:

A full-scale copy ofthis map is available forpublic inspection in the Board’s office

at the James R. Thompson Center,

100 W. Randolph Street, Suite 11-500, Chicago, Illinois

60601.

---

---

SECTION

618. SUBPART B.

APPENDIX A

MARQUETTE HEIGHTS

MAXIMUM SETBACK ZONE

200

100

0

200

400

600

~Feet

0

ILLINOIS EPA

2004

•

Marquette l-~eightsCWS Wells

________

Marquette Heights Maximum Setback Zone

Pekin

Township Platt

Map

SOURCE INFORMATION

P5km

Township

Platt

Map

obtained

from

TazewellCountyAssessors

Office.

Marquette Heights

Community Water

Supply

Wells and Maulmum

Setback Zone Information

obtained

may

compiled and created

by

Illinois EPA Groundwater Section

WHOLLY CONTAINED

102

111

115

21-011

27-039

7-037

38-016

27-049

8-036.

-

28-037

9-035

103

28-038

9-034

1-005

29-035

10-033

2-004

29-036

10-032

30-033

11-030

106

30-034

12-029

68-007

31-031

12-028

69-006

31-032

13-027

70-005

32-030

13-026

71-004

33-044

14-024

72-003

34-026

A-023

73-002

34-027

B-022

74-001

35-025

C-021

75-021

36-023

0-040

76-022

154-020

16-001

77-023

155-019

-

16-002

78-024

156-018

17-003

79-025

157-017

17-003

80-026

158-016

18-004

81-027

159-015

19-041

82-028

160-014

20-009

83-029

161-013

20-010

84-030

162-012

21-011

163-011

21-012

109

164-010

22-013

106-008

165-009

22-014

107-007

166-008

23-015

108-006

167-007

23-016

109-005

168-006

24-017

110-004

169-005

-

111-003

170-004

118

112-002

67-005

113-001

114

Outlot C-i -006

114-019

056-008

Outol

c-i

-007

115-020

2.02-002

116-021

2.02-003

119

117-022

2.27-007

1-001

118-023

2-002

119-022

3-003

120-025

4-004

121-026

PARTIALLYCONTAINED

106

118

64-010

50-020

65-010

51-019

66-009

52-018

67-008

53-017

85-031

54-016

86-032

55-015

56-014

109

57-015

105-009

58-012

122-027

59-011

123-028

67-005

66-004

111

65-003

153-021

64-002

152-022

26-051

114

A-009

115

6-038

6-039

104

25-042

1-008

120

103

15-002

3-003

14-001

102

119

36-016

5-005

37-017

6-006

22-010

7-007

8-008

101

20-010

105

Purk-001

Legend

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---

STATE OF ILLINOIS

)

)

COUNTY

OF SANGAMON

)

PROOF

OF SERVICE

I, the undersigned, on oath state that I have served the attached Motion for

Acceptance, Appearance ofAttorneys, Motion Regarding Incorjorations by Reference,

Statement ofReasons, and the Proposed Regulations, upon the persons to whom they are

directed, by placing a copy ofeach in

an envelope

addressed to:

Dorothy Gunn, Clerk

General Counsel

Illinois Pollution Control Board

Illinois Dept. ofNatural Resources

James R. Thompson Center

-

One Natural Resources Way

100

W. Randolph, Suite 11-500

Springfield, Illinois 62702-127 1

-

-

Chicago, Illinois 60601

(FIRST CLASS MAIL)

(FIRST CLASS

MAIL)

Matt Dunn

-

Environmental Bureau Chief

Office ofthe Attorney General

James R.

Thompson Center

100 W. Randolph,

12th

Floor

Chicago, Illinois 60601

(FIRST CLASS MAIL)

-

and mailing them from

Springfield, Illinois on November 3, 2004, with sufficient postage

affixed as indicated above.

SUBSCRIBED AND SWORN TO BEFORE ME

-

This _3rd

day of

November, 2004.

BRENDA

B0EHNER

~B

i~U::

J3~~A~r~

Notary Public

THIS FILING SUBMITTED ON

RECYCLED PAPER

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