ILLINOIS POLLUTION CONTROL BOARD
    December 16, 2004
     
    PAUL JOHNSON INC.,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY and CITY OF
    WATERMAN, ILLINOIS,
     
    Respondents.
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    PCB 05-109
    (Water Well Setback Exception)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On December 10, 2004, petitioner Paul Johnson Inc. (PJI) filed a petition for a water well
    setback exception to enable it to lawfully use “direct push” technology for in-situ remediation of
    hydrocarbon contamination of the shallow aquifer at the site of its former truck leasing and
    fueling operation in Waterman, De Kalb County. Pet. at 9. The petition identifies the owner of
    the only affected water well as the City of Waterman, and states that the affected well is a
    community water supply well. Pet. at 1. The petition also states “the parties request a hearing
    on this petition as soon as the Board can reasonably schedule it.” Pet. at 11.
     
    Pursuant to Section 14.2(c) of the Environmental Protection Act (Act), As a “new
    potential source or route” of contamination, PJI must file a petition with the Board and the
    Agency seeking an exception to the minimum 200-foot setback requirements applicable to a
    community water supply. 415 ILCS 5/14.2(c) (2002). PJI’s petition meets the content
    requirements of 35 Ill. Adm. Code 106.304 and Section 14.2 of the Act. 415 ILCS 5/14.2
    (2002). The Board accepts this petition for hearing.
     
    PJI has the burden of proof. 415 ILCS 5/40(a)(1) (2002);
    see also
    35 Ill. Adm. Code
    106.310. The respondents, the Illinois Environmental Protection Agency and the City of
    Waterman, may file responses on or before January 3, 2005, the 21
    st
    business day after the
    petition’s filing. PJI may file a reply within 14 days. 35 Ill. Adm. Code 106.306. 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:
     
    [T]hat 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
     
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    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 grants the parties’ request for expedited hearing. The assigned hearing officer
    must contact the parties promptly to set the matter for hearing in accordance with the
    requirements of the Act and the Board’s procedural rules. The Board directs that this matter
    proceed to hearing as expeditiously as is practicable. For its part, the Board will render its
    decision as soon thereafter as it reasonably can, consistent with the Board’s workload and
    budgetary constraints.
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on December 16, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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