IN THE MATTER OF:

MAXIMUM SETBACK ZONES

(35

Iii.

Adm. Code 618)

R05-

9

(Rulemaking Public Water Supplies)

NOTICE OF FILiNG

Dorothy Gunn, Clerk

Illinois Pollution

Control Board

James R. Thompson Center

100

W. Randolph, Suite 11-500

Chicago, Illinois

60601

General Counsel

Illinois Department ofNatural Resources

One Natural Resources Way

Springfield, Illinois 62702-1271

Service List

Matthew Dunn,

Esq.

Environmental Bureau Chief

Office ofthe Attorney General

James R. Thompson Center

100 W. Randolph,

12th

Floor

Chicago, Illinois 60601

Richard R. McGill, Jr.

Ill. Pollution Control Board

James R. Thompson Center

100 W. Randolph, Suite 11-500

Chicago, Illinois 60601

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

Pollution

Control

Board

the

written

testimony

of Richard P.

Cobb,

P.G.,

a

copy of which

is

ILLINOIS ENVRIONMENTAL

PROTECTION AGENCY

B~f)df4’d(/V~2I

mberly A. Geving

Assistant

Counsel

Division ofLegal Counsel

Date:

January 21, 2005

1021

North Grand Ave. East

P.O. Box

19276

Springfield, Illinois 62794-9276

(217)

782-5544

BEFORE THE ILLNOIS POLLUTION CONTROL BOARD

)

)

)

)

)

)

)

CLE~’g

OF~fCE

JAN

2

4

20fl5

STATE OF

lLL~~~i

~

Pollution Controi bo~-~

herewith served upon you.

THIS FILING SUBMITTED ON RECYCLED PAPER

---

BEFORE THE ILLNOIS POLLUTION CONTROL BOARD

IN

THE

MATTER OF:

)

)

MAXIMUM

SETBACK ZONES

)

R05- 9

(35

Ill. Adm.

Code 618)

)

(Rulemaking Public Water Supplies)

)

)

)

MOTION FOR ACCEPTANCE

NOW COMES the Illinois

Environmental

Protection Agency (“Illinois EPA”) and,

pursuant to

35 Ill. Adm. Code 102.424, moves the Illinois Pollution Control Board (“Board”) to

accept the attached written testimony ofRichard P. Cobb, P.G. for the above-referenced matter.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

By:

____________

~mberly

Al

Geving

Assistant Counsel

Division ofLegal Counsel

Date:

January 21,

2005

1021

North Grand Ave. East

P.O. Box

19276

Springfield, Illinois 62794-9276

(217)782-5544

THIS FILING SUBMITTED

ON RECYCLED PAPER

2

---

CLE~k’~~~P

TESTIMONY OF

RICHARD

P.COBB, P.G.

iAN 24

2Q05

QUALIFICATIONS/INTRODUCTION

STATE OF ILU

Pollution Controj

bo~~c~

My name is Richard P.

Cobb and I am the Deputy Manager ofthe Division ofPublic Water

Supplies ofthe Illinois Environmental Protection Agency’s (Illinois EPA) Bureau ofWater.

For

further detail on my qualifications I have enclosed a copy ofmy Curriculum Vitae in Exhibit I.

The references that I have quoted or used in my testimony are detailed in Exhibit II. This

testimony, the Statement ofReasons, and exhibits included with this testimony describe the basis

for the proposal ofa maximum setback zone for the Marquette Heights community water supply

(CWS).

BACKGROUND

In

September

1987,

the

Illinois

General

Assembly

enacted

the

Illinois

Groundwater

Protection

Act

(IGPA) (415 ILCS

55/1).

The IGPA was part ofPublic Act

85-863,

which created

the

IGPA and

amended

portions

of the Environmental Protection

Act

(Act)

dealing

with

public

water supplies.

The IGPA established

minimum setback zones of 200

or 400

feet,

under Section

14.2 ofthe Act

(415 ILCS

5/14.2),

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

ofthe

Act

(415

ILCS

5/

3.345,

3.350

and

3.355),

respectively,

are prohibited

within these

areas.

The

Illinois General Assembly provided additional protection for CWS wells under Section

14.3 ofthe

Act (415 ILCS

5/14.3), by authorizing

either the county or municipality served by a

CWS well, or

the Board,

to

establish

a

maximum setback zone

of up

to

1,000

feet from

the

weiThead.

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

establish

maximum, setback

zones

to

counties and municipalities served by CWS wells, and to the Board.

However, the illinois EPA is

required to

approve the

adequacy of a demonstration that the “lateral

area of influence”

is

larger

than the mimmum setback

zone before

adoption of maximum

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 the Joint

Committee’ on Administrative

Rules

adopted,

35

Ill.

Adm.

Code

671,

Maximum

Setback

Zone

Rules

for Community

Water

Supply

Wells, which

details

the technical

criteria

for

determining

the

lateral

area of influence

(LAJ).

Subpart

B of Part

671

sets

forth

the procedures for determining the LAI ofwells

under

normal operating conditions.

DETERMINATION

OF THE

LATERAL AREA

OF

INFLUENCE

Illinois

EPA

contracted

with

RAPPS

Engineering

and

Applied

Science

(RAPPS)

to

develop a regional groundwater flow model for the Creve Coeur to

Pekin area, and to subsequently

delineate

the

wellhead

protection

area

(WHPA)

for the

Marquette

Heights

wells.

A

“WHPA”

means

the

area

delineated

for

CWS

wells

pursuant

to

Sections

1428

and/or

1453

of the

Safe

Drinking

Water

Act

(SDWA)

(415

ILCS

5/17.5).

This

more

sophisticated approach allowed

for

the

determination

of

an

irregular

shaped

maximum

setback

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.

The

Illinois

EPA reviewed

and

approved the

technical adequacy ofthis model.

The

Marquette

Heights

proposed

maximum

setback

zone

is

based

on

a

sophisticated

technique for determining the LAI pursuant to 35

Ill.

Adm.

Code

671.201(g),

Illinois’ Wellhead

Protection

Program

approved

by

United

States

Environmental

Protection

Agency

(U.S.

EPA)

pursuant

to

§

1428 of the SDWA

(Illinois EPA,

1992), and Guidance for conducting groundwater

protection needs assessments (Cobb,

et al.,

1995).

In addition,

the

Guidelinesfor the Delineation

of Welihead Protection Areas

(U.S.

EPA,

1987) and

Model Assessmentfor Delineating

WHPAs

(U.S.

EPA,

1988) were

considered.

Furthermore, modeling was performed to be

consistent

with

approaches recommended in

Applied Groundwater Modeling Simulation of Flow and Advective

Transport (Anderson and Woessner,

1992).

4

---

The

Marquette

Heights

CWS

wells

are

located

in

the

Central

Priority

Groundwater

Protection

Planning

Region established

pursuant

to

Section

17.2 of the Act

(415

ILCS

5/17.2).

The regional

priority

planning

areas

were

designated

in

part based

on

the Potential for Aquifer

Recharge Area Map of Illinois

developed by the Department of Natural Resources

(DNR).

This

mapping was completed and published by DNR

in

1990.

In

1991, the

first two

priority regions

were

established

including

the

Central

Region.

The

Central

Priority

Groundwater

Protection

Planning Region is

composed

of Peoria,

Tazewell,

Woodford,

and

Mason

Counties.

Figure

1

illustrates the

location of the

Marquette

Heights

CWS

WHPA

in

relation

to

the

Potential

for

Aquifer

Recharge

Map

of

Illinois.

Thus,

the

Marquette

Heights

WIPA

is

located

in

a

hydrogeologic

setting

with

a

high

potential

for

aquifer

recharge,

and

is,

therefore,

a

highly

vulnerable source ofClass

I: Potable Resource Groundwater.

5

---

Figure 1. Potential for Aquifer Recharge Map

for Marquette Heights WHPA.

6

L~~d’

FotanhI

For

Aquifer Reci~rge

—

—

—

—

s~

MgI war

,~_,• ~

—

L~or

~

b

—

P~aft

Ife~

11e3J

PFteclbI

Apa

—

~

~MCh

—

---

GROUNDWATER MODELING

The basic assumption ofgroundwater modeling is Darcy’s Law, which states that the flow ofwater

through a porous material is proportional to the gradient ofthe hydraulic head.

The hydraulic head

is the

level to

which water would rise in a non-pumpingwell.

Darcy’s Law,

combined with the

water balance equation (inflow

—

outflow

=

change in storage), yields a governing equation that

must be satisfied1 by the hydraulic head everywhere within the water-saturated porous medium.

Once the hydraulic head values throughout the system are known, flowlines and capture zones for

__________________________________________________

water flowing through the

Total hydraulic head

canbe described by the

following where:

system can be delineated.

h

=

total hydraulic head

(meters (m));

z

=

a point that is at an elevation above a datum (m);

Except for a few very simple

P

=

fluid pressure (newton-meters2 (NIM2));

g

=

the acceleration due to gravity constant

@

9.8 meters per second2

hydrogeologic systems,

(m/sec2)~

p

=

density or mass per

unit

volume (kilograms per meter3 (kg/m3)); and

exact solutions

to

boundary

The velocity of groundwater flowing in a porous n~edia

under natural

value

problems cannot be

hydraulic gradients is relatively very low (e.g.,

10

rn/sec or 30 rn/year,

which is typical for groundwater). Thus, velocity can be ignored

and

h is

found.

However,

numerical

given by the

formula h

z

+

P/pg.

Therefore,

total “hydraulic head”

means the sum of

the elevation head,

the pressure head, and the

velocity

modeling techniques such as

head in an aquifer (Fetter, 94).

____________________________________________________________

the finite difference method

can be used to find approximate solutions.

In the finite difference method, the model domain is

separated into an assemblage ofcells.

The solution consists of single values ofhydraulic head that

best characterize each cell.

The modeling grid and subsequent recharge area delineations for the community water

supply wells were based on digitizing the well locations offUnited States Geological Survey

(USGS) 1:24,000 or

1

inch equals 2,000 feet topographic’ quadrangle maps.

Thus, the modeling

grid was tied to real world coordinates.

The Illinois EPA uses the Lambert Conformal Conic

system ofcoordinates. The wells were located and mapped in the field using 1-inch equals 400-

foot aerial photographic maps.

The aerial photos were used to locate the wells on the USGS maps.

Thus, the locations ofthe wells

and the associated recharge area delineations have a locational

The solution to this equation satisfies the governing equation not only within the model domain but

also along

the

various boundaries of the model

(Bear, 1972).

7

---

accuracy that complies with the Unites States National Map Accuracy Standards, as described in

Exhibit III.

A

conceptual

model

of the

groundwater flow

system

based

on

data

available

from

the

literature,

or from well records,

was created for the

study area.

This

model

contains information

on

hydrostratigraphic units

and

boundary

conditions,

as well as

acceptable ranges for hydraulic

conductivity and recharge.

The

end members for the range ofhydraulic

conductivity values were

based

on

field-measurements from

an

area with

geologic materials similar to

those

found in

the

study

area.

The

end

members

for

the range

of recharge

values

were

based

on

an

analysis

of

baseflow in streams or from previous groundwater flow models in

similar landscapes.

A steady-state finite difference groundwater flow model was created by RAPPS from the

conceptual model with MODFLOW, the USGS modular three-dimensional finite-difference

groundwater flow modeling program (McDonald and Harbaugh,

1988).

MODFLOW yields the

distribution ofhydraulic head in the flow system.

The numerical, block-centered, three-

dimensional finite difference approach is utilized in MODFLOW to approximate a solution to the

“governing equation” ofgroundwater flow as a boundary value problem.

Once the groundwater

head elevations are simulated and calibrated according to observed mass water level

measurements, pumping stresses

associated with community water supply wells were induced in

the model.

Particles

were

reverse tracked

from

each production well for a

period of five

years with

MODPATH,

the

USGS

particle-tracking program

(Pollock,

1989).

The

trace

of the

particles

approximates the

capture

zone for the well.

A projection of the’ capture zone onto

a horizontal

plane defines the WHPA.

The

finite difference

grid, which

represents the bounded’ area of study,

was created using Graphic

Groundwater (Esling, 2000), a pre-

and post-processor to MODFLOW

and MODPATH

(RAPPS, 2003).

‘

8

---

Calibration

The purpose

of calibration

is

to

match

heads

simulated by

a

numeric

model

to

those

actually observed

in the field.

Calibration

is

accomplished by adjusting input parameters such as

hydraulic

conductivity or recharge or by modifying boundary

conditions.

In a humid temperate

climate, like that ofIllinois, the water table is oflen a subdued reflection ofthe surface topography.

The model

developed by RAPPS,

reviewed

and

approved by Illinois

EPA, was

calibrated

to

the

regional topography in the project area.

Calibration

was

done

systematically

by

bracketing

reasonable

ranges

in

the

ratio

of

recharge to

hydraulic

conductivity (RIK).

The ratio ofthe

low recharge

end member for a region

to the highest hydraulic conductivity end member yields the lowest value ofR/K.

The high end of

the range, on the otherhand,

is determined through simulations.

The value ofR/K

is

adjusted until

the hydraulic head is at or immediately below the land surface in the study area.

Any larger value

creates the unrealistic situation where hydraulic heads rise above the land surface.

The actual RIK

value for the

study

area must fall

somewhere

between the low

and high

R/K

values

(RAPPS,

2003).

Sensitivity Analysis

‘

In a normal sensitivity

analysis, the modeler examines the effect that a change in

an input

parameter has

on

the distribution of hydraulic

head.

However,

for this purpose,

the

shape

and’

extent

of the

capture

zone

is

a

much more

important

consideration.

Thus,

the

values

of the

different

parameters

were

selected

from

the same range

of plausible

values

determined

for the

study

area during

development of the

conceptual

model.

The different

recharge

and

hydraulic

conductivity end members were combined to produce a matrix of RIK values, shown below:

9

---

Initially,

each RIK value in

the matrix

was examined

to

make sure that

it fell within the

range of acceptable R/K values determined during calibration.

If one or more ofthe R/K

values

fell

outside

the

acceptable

range,

the

hydraulic

conductivity

or

recharge

end

members

were

adjusted.

The ultimate objective was a matrix ofR/K values that produced simulations that bound

all possible capture zones forthe study area.

The best estimate for the capture zone is a simulation

based

on some

combination ofrecharge and hydraulic

conductivity between the end members.

A

high level

of confidence is

associated with the WHPA if the four RIK values

in

the matrix

yield

capture zones with

similar shape and

extent.

Distinctly different bounding

capture

zones tend to

suggest less

confidence in the modeling results (RAPPS, 2003).

Geographic Setting

CONCEPTUAL MODEL

Marquette Heights is located in Tazewell County in central Illinois approximately

8

kilometers

south ofPeoria in

Section

13, Township

25 North, Range

5

West and Section

18,

Township 25 North, Range 4 West.

The Marquette Heights wells are located on the west side of

town on the floodplain ofthe Illinois River approximately 400 meters south and 450 meters east of

the northwest corner ofSection

13, Township 25 North, and Range

5

West.

The land surface

elevation at the wells is approximately

142 meters above sea leyel.

10

---

Figure

2. USGS

topographic quadrangle map of the‘Marquette Heights WHPA (Section

13, Township 25

North, Range

5

West and

Section 18, Township 25 North,

Range 4

West).

11

---

Physiography

Illinois

is

situated in the south-central part of the great Central

Lowland Province near the

confluence oftwo

major lines of drainage,

the Mississippi and

Ohio Rivers,

making it the lowest

of the north-central states

with a mean

elevation of about

183

meters

above sea

level

and

a total

relief of only 300 meters (Leighton et al., 1948).

Marquette Heights

lies in the extreme northern

portion of the Springfield

Plain of the Till

Plains

Section,

the

largest physiographic

division

in

Illinois,

covering

approximately

four-fifths

of the

state,

characterized by

broad

till

plains

in

an

uneroded or youthful

stage of erosion.

The

Springfield

Plain

includes the

level

portion of the

Illinoian drift

sheet in central and south-central Illinois,

distinguished by its

flatness and shallowly

entrenched drainage.

‘

Bedrock Geology

The Quaternarydeposits in the Illinois Valley south ofPeoria are underlain by rocks

belonging to the Pennsylvanian Carbondale Formation (Willman et al., 1967).

Detailed

descriptions ofthe Pennsylvanian strata ofIllinois

were published by Willman

et al.

(1975).

The

following geologic descriptions are based largely on this report.

The Quaternary deposits

on the uplands south ofPeoria and

east of the Illinois

Valley are

underlain

by

rocks

belonging

to

the Pennsylvanian Modesto ,Formation

(Wiliman

et al.,

1967).

Well logs indicate that the bedrock beneath the Quaternary deposits in the Marquette

Heights area,

both in the Illinois Valley and on the adjacent uplands, is mainly shale.

Quaternary Geology

The Quaternary deposits in the Illinois Valley south ofPeoria consist ofglacial outwash

deposits belonging to

the Banner Formation and the Henry Formation overlain by channel and.

floodplain deposits ofthe Cahokia Formation (Berg and Kempton,

1987; Horberg,

1950;

-

Lineback,

1979; Marino and Schicht,

1969).

The Sa,nkoty

Sand Member ofthe BannerFormation

rests directly on bedrock and fills the deepest part ofthe Illinois Valley in the study area.

Its

12

---

thickness varies greatly from about 15

to 45 meters due to erosion and irregularities on the bedrock

surface (Burch and Kelly,

1993).

The SankotySand is the most extensive aquifer in the region and

is characterized by coarse- to medium-grained sand with an abundance ofquartz grains, ofwhich

25 percent ormore are pink, rounded,

and polished (Horberg, 1950).

Gravel is present in some

beds but is not common (Wiliman and Frye,

1970).

The upper part ofthe Sanicoty Sand hasbeen eroded in the Illinois Valley south ofPeoria

and is buriedby glacial outwash deposits belonging to the Henry Formation.

The outwash

constituting the Henry Formation consists ofsorted and

stratified water-laid material that is

dominantly sand and gravel.

These outwash sediments were depositedby debris-laden meltwaters

flowing away from the ice fronts during both the advances and retreats ofglaciers during the

Wisconsinan Age (Willman and Frye, 1970) and were previously classified with the Mackinaw

Member, sand and gravel outwash deposited as valley trains.

Well logs indicate that the combined

thickness ofthe Sankoty Sand and the Henry Formation ranges from approximately 23 to 45

meters in the study area.

‘

The Cahokia Formation consists of deposits in the floodplains and channels ofmodern

rivers and streams,

and is comprised ofmostly poorly sorted sand, silt, and claywith wood and

shell fragments, and local deposits ofsandy gravel (Lineback, 1979).

The upper part consists of

overbank silts and clays, while the coarser-textured lower portion is mainly sandy channel

deposits.

The Cahokia is present along all Illinois streams, although locally absent where active

stream erosion is occurring.

In major valleys, it commonly overlies the well-sorted deposits ofthe

Henry Formation (Willman and Frye, 1970).

The Cahokia Formation is generally greater than 6

meters thick in the study area (Berg and Kempton, 1987).

Public Water Supply

Marquette Heights currently obtains its water supply from two wells located on the west

side of town on the Illinois River floodplain.

Wells #4 (50280) and #5 (50281)

are

the current

production wells

(Figure 2).

Both wells are screened in the Sankoty Sand and/or the Henry

Formation.

Well #4 (50280) has a depth of28.96 meters

(95

feet) and is screened from

19.81

13

---

meters to

28.96 meters.

Well #5 (50281) is 28.65 meters (94 feet) deep and is screened from

19.51

meters to

28.65 meters.

Wells #4 and

#5

have a total annual pumpage of332,262 cubic meters

(87.9 million gallons), correspondingto a steady pumping rate of5.24e-3

cubic meters per second

(83 gpm) for each well.

Lambert coordinates for the wells are listed in Table

1.

Table

1:

Lambert Coordinates of the Marquette Heights Production Wells

WELL I.D.

X COORDINATE

Y COORDINATE

Well #4 (EPA#50280)

2966469.25

.

2764122.75

Well#5(EPA#50281)

2966361.75

2764137.50

NUMERICAL

MODEL

Model Design

The

conceptual model of the area was simplified into a one-layer numerical model.

The

model

grid contains 290 columns and

474

rows with

spacing of 15

meters around

the production

wells.

Beyond

the immediate vicinity of the wells,

the grid

spacing

is

gradually increased

by

a

factor of 1.16

to

a maximum of 150 meters, which is maintained out to the boundaries ofthe model

(Figure 3).

The coarse lower portion ofthe Cahokia Formation, the sands and gravels ofthe Henry

Formation,

and

the Sankoty sand constitute a

single hydrostratigraphic unit

and

are modeled

as a

single

layer.

Logs

of the

Marquette

Height’s

wells

and

other nearby wells

indicate

that

these

coarse-grained deposits have a thickness of approximately 23

meters immediately

south of Peoria.

In

the

southern

part

of

the

study

area,

south

of North

Pekin,

their

thickness

increases

to

a

maximum of approximately 45 meters due to the presence of an alluvial

terrace above the Illinois

River floodplain.

The fine-grained

upper part of the Cahokia Formation overlying

the sand and

gravel deposits serves as an upper confining layer and was not simulated (RAPPS, 2003).

14

---

Marquette Heights

Wells

Constant Head Cells

1500

-~

11101111k

_~~~b—;;

~

...•i.,iuiuii’

.m..uuluIIiiI:

.....IIIIIliI:

•~•uuuiiiuiii

••••uuiiiiii

•u••uuuiiuiii

•u••iiiiiiiii

•uu•..iiiiii

.I.IuIIIIlIIi

•••iuiiiiiii

“iIIH~P~~

3000

4500 Meters

Figure

3. Variable finite-difference

grid showing

the boundary conditions used in

delineating

the WHPA for Marquette Heights,

Illinois.

---

The

Illinois

River,

which penetrates

the upper

confining layer and

is

in

direct

contact

with

the

aquifer below, forms a constant head boundary along the western edge of the model.

Head values

for constant head cells were

determined through

linear interpolation ofthe gradient of the Illinois

River.

Stage

data for the interpolation

were

obtained

from

contour lines

crossing the river

on

1:24,000 scale topographic maps and pool elevations

on the upstream and downstream sides ofthe

Peoria lock and dam.

Smaller streams like Lost Creek were not simulated since they are not deep

enough to

fully penetrate the fine-grained upper part of the Cahokia Formation.

Worley Lake and

Pekin Lake,

located on the Illinois

River floodplain just north of Pekin,

have thick

clay beds and’

are probably not

in direct contact with

the aquifer.

They were

not

simulated in order to

produce

more

conservative results

(not

simulating

the

lakes

prevents

them

from

acting

as

sources

that

reduce the size of the capture zones) (RAPPS, 2003).

Where unconsolidated aquifer materials are in

direct contact with bedrock, both at the base

ofthe aquifer and along the model’s eastern edge, a no-flow boundary is assumed.

Although some

exchange ofgroundwater between these units is possible, the unconsolidated deposits have a ,much

higher

hydraulic

conductivity

than the predominantly shale bedrock and

flow between

the

two

units

likely

constitutes

only

a

small portion of the overall

hydrologic budget

for the area.

The

southern

boundary of the model

is

a

no-flow boundary

located

at

a sufficient

distance

from the

production wells

so that their cones of depression

do not

extend

out to

these boundaries

(RAPPS,

2003).

-

-

The wells of Creve Coeur, Pekin, North Pekin, and the Groveland Township Water District~

are

located within

the modeled area

and

have

been included

in

the model

to

account for

their

significant pumpage

in

the region.

Eight

remediation wells

and

7 collector wells operated by BP

Amoco

as part

of

a subsurface contamination clean-up and

recovery system have been included in

the model for the same reason.

These wells are located just south ofthe Creve Coeur wells.

16

---

Table 2:

Lambert Coordinates and Pumping Rates

—

All Additional Wells

WELL

I.D.

X Coordinate

Y Coordinate

Pumping

Rate(m3Is)

Creve Coeur (#503 82)

2967459.00

1

2967459.00

7.65e-3

Creve Coeur (#50383)

j

2967302.00

2768305.00

l.39e-2

Creve Coeur (#50384)

2967382.00

2768378.25

1.39e-2

North Pekin(#502l0)

2966114.00

2764259.50

3.19e-3

North Pekin

(

#50211)

2966346.75

2759770.00

3.l9e-3

Groveland

TWP (#50075)

2964975.75

,

2757126.50

2.72e-3

L

Groveland TWP (#50076)

2964971.00

2757368.00

2.72e-3

Pekin(#50056)

‘

2958573.00

‘

2744193.50

4.29e-2

Pekin(#50057)

2957913.25

1

2744007.75

4.23e-2

Pekin (#50058)

2958378.25

2744190.75

,

4.23e-2

Pekin(#50060)

2962602.50

2746887.75

3.38e-2

Pekin(#50061)

2962694.75

2746881.25

4.23e-2

‘

Pekin(#50062)

2957061.50

2740658.75

4.23e-2

Pekin

(#50063)

1

2962168.75

2755077.75

1

3.62e-2

AMOCO (RW1)

AMOCO (RW2)

2966778.49

2966682.06

1

2766233.33

2766115.47

l.05e-3

l.05e-3

AMOCO (RW3)

2966649.91

2765933.33

l.05e-3

AMOCO (RW4)

J

2966821.34

2765954.76

l.05e-3

J

AMOCO (RW5)

2966949.91

2765922.61

1.05e-3

.

AMOCO (RW6)

2967078.49

2765911.9

1.05e-3

AMOCO (RW7)

2967228.49

2765901.19

1.05e-3

17

---

Table

2 (Continued):

Lambert Coordinates and Pumping Rates

—

All Additional Wells

WELL I.D.

X Coordinate

Y Coordinate

Pumping Rate(m3/s)

AMOCO (RW8)

2967378.49

2765890.47

‘

1.05e-3

AMOCO (CW1)

2965921.34

2764926.19

2.le-3

AMOCO (CW2)

3966360.36

2764936.9

2.le-3

AMOCO (CW3)

2966167.77

2765204.67

2.le-3

AMOCO (CW4)

2966339.2

2765483.33

2.le-3

AMOCO (CW5)

2966585.03

2765419.04

2.le-3

AMOCO (CW6)

2966821.34

1

2765376.19

2.le-3

AMOCO (CW7)

2967035.63

2765344.04

2.le-3

j

Model Parameters

Values for initial head, top and bottom

elevation, hydraulic conductivity, porosity, and

recharge had to

be assigned for every cell in the finite difference

grid.

These values were

determined using data from well logs, topographic maps, pump tests, and published literature

sources (RAPPS, 2003).

Initial Head

-

An

initial head value of 190 meters was

assigned to every cell ‘except

constant head cells.

Steady-state models are self-correcting, hence a uniform initial head

distribution is appropriate.

One hundred ninety meters is the maximum land surface elevation, and

therefore the maximum potential hydraulic head, in the model domain.

Head values for constant

head cells were determined through linear interpolation ofthe gradient ofthe illinois River and

range from 130.96 to

131.06 meters.

Cell Top and Bottom Elevations

—

The elevation ofthe top ofthe aquifer varies spatially

in the model domain.

Cell top

elevations were therefore varied in order to

simulate aquifer~op

elevations as accurately as possible.

A top elevation of 135 meters was assigned to cells in the

northern part ofthe domain.

Cells in the southern part ofthe domain (south ofNorth Pekin),

18

---

where the aquifer is thicker due to the presence ofan alluvial terrace above the Illinois River

floodplain, were assigned a top

elevation of 143

meters.

Linear interpolation

was used to

gradually increase top elevations

from 135 to

143 meters between these two areas.

Aquifer bottom

elevations do not vary spatially in the model domain and all cells were assigned a bottom

elevation

of 112 meters.

Hydraulic

Conductivity

-

Hydraulic conductivity

(K)

values for the Sankoty

Sand were

calculated from transmissivity values reported by Visocky and Sanderson (1996) from one 24-hour

and one 7-day aquifer test in the Sankoty Well Field in Peoria, Illinois.

These values range from

5.2e-4

to

7.86e-4

meters/second.

Hydraulic

conductivity values

derived from

pump

tests

on

the

Creve Coeur wells

(located’ approximately

1,300 meters north ofthe Marquette Heights wells)

and

othernearby wells in the modeled area range from 4.53e-4 to 2.19e-3

meters/second.

Because this

range includes the Visocky and Sanderson values and is more conservative (higher K values result

in larger capture

zones), it was used in

the model

instead of the values reported by

Visocky and

H

Sanderson.

‘

Recharge

-

Minimum

and

maximum recharge

rates

were

determined

using

hydrograph

separation

techniques

and

published

literature

values.

To

determine

minimum recharge

using

hydrograph

separation

techniques,

daily

discharge

data

from

Farm

Creek at

East

Peoria

were

analyzed

using

HYSEP

(Sloto

and

Crouse,

1996),

the

U.S.

EPA’s

streamfiow

hydrograph

separation and analysis program.

HYSEP produces an

annual hydrograph of streamfiow for each

year of record analyzed, then estimates base

flow by using

one of three methods (fixed interval,

sliding interval, or local minimum)

to systematically draw connecting lines between the low points

ofthe stream hydrograph.

The sequence ofconnecting lines defines the base

flow component of

the hydrograph.

The estimated base flow is then divided by the area ofthe stream’S drainage basin

or catchment

to

yield an estimate of average recharge.

Using the local minimum method,

annual

estimates

of base

flow

and

recharge

were

determined

for Farm

Creek

at

East Peoria,

then

an

average recharge rate was calculated

from the annual estimates.

This rate, 2.39e-9 meters/second

(2.97 inlyr),

is

considered the minimum rate for the

study area.

An alluvial valley would have

a

higher recharge rate than an upland area in a similar climate.

19

---

The upper

end member for recharge

was determined from

values repOrted

in the literature

in areas with

similar climate and

geologic

setting (alluvial valley).

Thornthwaite (1964) used his

water balance model

to determine

the quantitative impact of climatic factors

that

determine the

water surplus (recharge) of an

area.

He calculated recharge at the southern tip

ofIllinois

for the

town of Cairo

of 0.274

meters

(10.79 in)

per

year.

Schicht

(1965)

calculated recharge

directly

from precipitation based on flow-net analysis ofpiezometric maps

in the American Bottoms of the

Mississippi

Valley

and

found

a

range

of 0.16

meters/year

to

almost

0.254

meters/year.

A

maximum rate for Marquette

Heights was

determined by rounding the

large values found in

the

literature to a conservative 9.67e-9 meters/second (12 inlyear).

Porosity

-

Sand and gravel deposits can have a porosity ranging from 25-50

(Domenico

and

Schwartz,

1998;

Fetter,

1994;

Morris

and

Johnson,

1967).

Numerous

studies

by

the

Hydrologic Laboratory ofthe U.S. Geological Survey show that

fine gravel deposits typically have

a

porosity

between

25-39

with

an

average

value

around

34

(Morris

and

Johnson,

1967).

Rounding

down to

30

from the average provides a conservative estimate for defining the capture

zone.

Calibration

The low R’K end member was determined by taking the lowest value for recharge (2.39e-9

meters/second)

and

dividing

by

the

largest

value

of

hydraulic

conductivity

(2.1 9e-3

meters/second).

The resultant

RIK value

is

1 .09e-6.

This value represents

an unlikely scenario

because it is based on too low a recharge and too high a hydraulic’ conductivity.

A high RJK value

was then determined by running

several simulations of the model,

gradually

increasing the R/K

value until hydraulic

head intersected the land surface somewhere in

the study

area, or until

the

RIK

value

determined

by

taking

the

highest

value

for

recharge

(9.67e-9

meters/second)

and

dividing by the smallest hydraulic

conductivity value (4.53e-4 meters/second) was reached.

This

RIK value

is

2.13e-5.

Upon

increasing

the recharge

to

the maximum value

and

decreasing

the

hydraulic

conductivity to

the smallest

value the

heads

did

not

reach the

land surface.

The high

R/K end member is therefore 2.13e-5

(RAPPS, 2003).

20

---

Sensitivity Analysis

Trials were designed to determine what effects varying the RIK value would have on the

capture zone geometry.

The objective was to

vary the hydraulic conductivity and recharge while

remaining in the range ofRIK values determined during calibration.

In a normal sensitivity

analysis, recharge is first set to

th’e minimum rate and hydraulic

conductivity set to the maximum

value, simulating an unrealistically low R/K case.

Recharge is then set to the maximum rate and

hydraulic

conductivity set to the minimum value, simulating an unrealistically high RIK case.

Groundwater conditions in the study area must fall somewhere between these two R/K extremes.

Finally, intermediate trials are run using combinations oflow recharge with low hydraulic

conductivity

and high recharge with high hydraulic conductivity.

The capture zones produced

during these trials are compared, and if all

four are similar in both size and geometry then a high

degree ofconfidence is associated with the resultant WHPA.

Table 3 shows the matrix ofR’K

values for the sensitivity analysis ofthe Marquette Heights model (RAPPS, 2003).

Table 3:

RIK Combinations for the Sensitivity Analysis ofthe Marquette Heights Model

HYDRAULIC

CONDUCT

WITY

-

Low Hydraulic Conductivity

4.53e-4

meters/second

‘

High Hydraulic Conductivity

2.19e-3 meters/second

-

Low Recharge

Intermediate RIK Member

Low 111K End Member

2.39e-9 meters/second

5.28e-6

‘

1.09e-6

c)

~

‘

High Recharge

High

111K End Member

Intermediate R/K Member

9.67e-9 meters/second

‘

2.13e-5

4.42e-6

During the low recharge/low hydraulic conductivity sensitivity trial the cells with well

stresses representing Pekin wells #

3 and #6 went dry.

In a steady-state model, all wells

are

pumped simultaneously at their steady-statepumping rates for the duration of the simulation.

When recharge is minimal and a low hydraulic conductivity value is used, there is increased

drawdown in and around the pumping wells and cells with large well stresses can easily go dry,

21

---

especiallywhen they are in close proximity to

other cells with large well stresses.

Pekin wells #3

and #6 are in

close proximity to other Pekin wells (well #6

is near well #5;

well #3

is near wells

#1

and #2), and it is for this reason that they went dry during the trial.

The wells do not go dry in

reality because they are cycled (i.e., they are not pumped continuously) and are most

likely not

pumped at the same time as the nearbywells.

Also, the actual hydraulic conductivity and recharge

values in the study area are most ‘likely higher that the lowest values determined during,

development ofthe conceptual model (RAPPS, 2003).

The rewetting feature of MODFLOW allows the reactivation ofcells that have been

converted from active to inactive cells by the program because the head has dropped below the

bottom elevation ofthe cell (McDonald et al., 1991).

Rewetting was unable to prevent the cells

with well stresses representing Pekin wells #

3 and #6

from going dry during the low recharge/low

hydraulic

conductivity sensitivity trial,

however, so hydraulic conductivity was adjusted (while

recharge remained set at 2.39e-9 meters/second) until the cells no longer went dry.

The hydraulic

conductivity value that achieves this was determined by running several simulations ofthe model,

gradually increasing the hydraulic conductivity value until neither ofthe cells was dry at the end of

the simulation.

The resultant K value is

5.09 e-4 meters/second.

This value replaced the low

hydraulic conductivity value of4.53 e-4 meters/second in the low recharge/low hydraulic

conductivity sensitivity trial

so the results from the four sensitivity trials could be

compared

(RAPPS, 2003).

-‘

RESULTS

The groundwater head elevations were simulated and calibrated according to observed

mass water level measurements, based on the methods described by the foregoing.

Figure 4

illustrates the predicted groundwater elevation contours or lines of equipotential predicted by

MODFLOW.

A “equipotential line” means a line in a two-dimensional groundwater flow field

suchthat the total hydraulic head is the same for all points along the line (Fetter, 1994).

‘

22

---

Figure

4. Contourmap of equipotential lines

indicating groundwater

flow patterns

(0.5 meters contourinterval).

1300

2600

3900

Meters

---

The capture zones produced by the four sensitivity analysis trials varied in

size and

geometry.

Therefore, a conservative WHPA was constructed by outlining the area encompassed

by the four individual capture zones.

Because these four capture zones likely bound all possible

capture zones for the model, there is

a high degree ofconfidence in this composite WHPA than in

any ofthe individual WHIPAs (RAPPS, 03).

REGULATORY DEVELOPMENT

On March 29, 2004 the Illinois EPA received a letter from

the Mayor ofMarquette Heights

with an

enclosed resolution requesting that we develop this proposal.

This letter and the resolution

are provided in Exhibit

IV.

After receipt ofthis

letter and resolution the source water assessment

completed

for

Marquette

Heights

on

April

25,

2003

was

evaluated

to

determine

the

susceptibility/vulnerablity of the

wells

to

groundwater contamination.

Marquette Heights

Source

Water Assessment Fact

Sheet

is’ detailed in

Exhibit V.

The Illinois

EPA can develop a maximum

setback

zone

proposal

based

upon

the

following

from

Section

14.3(d)

of the

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 welihead

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 ofpublic water

supply

or

a

highly

vulnerable

source

of

groundwater,

or

an

Agency

finding’ that

the

presence of potential primary or potential

secondary sources or potential routes represents a

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

Evaluation conducted by the Illinois EPA, documented in Exhibit V, concludes that the

Marquette Heights CWS wells are a highly vulnerable source ofgroundwater.

Figure

1

also

supports this conclusion.

In addition, the Illinois EPA issued an advisory ofgroundwater

contamination hazard for North Pekin and Marquette Heights on July 25,

1990 pursuant to’, Section

17.1(g) ofthe Act

(415 ILCS 5/17.1(g)).

This advisory was issued due to

the presence of

-

potential sources ofgroundwater contamination that represented a significant hazard to public

health and the environment.

Therefore, this proposal meets the requirements forjustification,

24

---

emphasized above, under Section

14.3(g) ofthe Act.

Further, pursuant to Section 14.3(d) ofthe

Act, the Illinois EPAprovided notice by certified mail to

the City ofMarquette Heights, Village of

North Pekin, the Tazewell County Zoning Office, and the Central Priority Groundwater Protection

Planning Committee on June 21, 2004.

On July 7, 2004 the Central Priority Planning Committee

included discussion ofthe proposed Marquette Heights maximum setback zone as one ofthe

agenda items for discussion.

I 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 (JDPH); Department ofNatural Resources (DNR); Department of

Agriculture (DOA); Illinois State Fire Marshall (ISFM);

Department of Commerce and Economic

Opportunity (DCEO),

and Illinois Emergency Management Agency (TEMA).

The IGPA also

establishes the Groundwater Advisory Council (GAC).

The GAC

is comprised ofenvironmental,

business, public water

supply, county and municipal government, regional planning, ai~d

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 other issues, their input on the Marquette Heights

maximum setback zone proposal.

Similar to the regional committee, the GAC understood the need

for theproposal and raised no objections.

Pursuant to Section

14.3

(d) ofthe Act, the Illinois EPA”...may proceed 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 prescribedby Section 14.3(d) ofthe Act, from City ofMarquette-Heights,

Village ofNorth Pekin, or the Tazewell County Zoning Office in regard to the written notice

25

---

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 all maximum setback zones

that are adop’ted by the Board:

Section 618.100 Purpose

This

Section

defines

the

purpose

of maximum

setback

zone

regulations

delineated

pursuant to Section

14.3 ofthe Act (415 ILCS

5/14.3).

Section

6 18.105 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

This Subpart details the specific requirements that are being proposed to

apply within the

delineated Marquette Heights CWS well maximum setback zones.

26

---

Section 6 18.200 Purpose

The Purpose section describes the standards and requirements beingproposed for the

protection ofthe Marquette Heights CWS wells.

Section 618.205

1,000 Foot Maximum Setback Zone Prohibition

Section

618.205

describes

the

requirement

that

new

potential

primary

sources

are

prohibited within the maximum setback zone ofthe Marquette Heights CWS

wells in Appendix A

ofthis 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 zone boundaries, roads, and

property boundaries

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 of

the area being regulated,

and conformance with

local zoning, Illinois EPA has annotated the map

with the properties located wholly or partially within the proposed maximum setback zone.

Technical Feasibility and Economical Reasonableness

The pollution

of groundwater can have wide-ranging

economic

implications

to

local

communities

and

businesses

(Bhagwat

and

Berg,

1992)

and

(U.S.

EPA,

1996).

Groundwater

contamination can produce significant economic 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

27

---

treatment; and remediation coSts including

site characterization, feasibility studies, and

long-term

treatment

and

disposal

costs

(Freshwater

Foundation,

1989). Further,

communities

that

deliver

water that

exceeds the drinking water standards

are placed

on restricted status and

are not

issued

permits

for water main extensions that would allow the

expansion ofthe distribution system.

The

ratio of contamination costs to basic prevention

costs may be as large as 200:1

(U.S.

EPA,

1996).

All ofthese costs have the potential to adversely affect local economic development.

The

U.S.

EPA prepared an

assessment of the national water supply replacement

cost

due

to

groundwater contamination from

nine types of contamination sources.

The total

national

value of resource damage

from these

sources was estimated to be

greater than

S28

billion.

The

U.S.

EPA

study

also

provided

a

summary

from

a

site-specific

case

involving

a

leaking

underground

storage tank that has

cost $1.9

million in

state funds, and

$1

million

for dIrect and

borrowed funds

to

the community for aquifer rehabilitation.

In addition,

for contamination cases

where the only feasible alternative is drilling new wells, the cost ofinstalling new transmission and

distribution lines to connect private well users to existing community water supplies

is substantial.

In

cases

where

these

alternatives

were

necessary,

costs

have ranged

from

$70

thousand

to over

$2.3 million, depending on the extent ofcontamination and the population served.

The Illinois

EPA has also

evaluated costs associated

with contaminated community water

supplies in Illinois (Cobb, 2000

and 2001).

In addition, to previous testimony provided by Illinois

EPA, the groundwater contamination at East Alton provides another example ofthe cost versus the

benefit

of

implementing

groundwater

protection

measures.

East

Alton,

located

in

‘Madison

County,

has had

to

use

one of their wells

as

a

hydraulic

containment

well with

treatment

and

discharge

to

surface water to

protect their well

field from

a

methyl

tertiary butyl ether (MTBE

plume) with a

concentration exceeding

1,000 parts per billion

(“ppb”).

Two leaking underground

storage

tanks

located with the’ recharge area of the East Alton well field have

each spent nearly

$1,000,000

each,

and the remediation

is

not complete.

Table 4

details

the

cost-benefit analysis

that East Alton’s consultant performed on providing a safe

and’ adequate water supply.

28

---

Table

4:

Cost Benefit Analysis ofTreating or Providing an Alternative Water

Supply in East Alton,

Illinois (Madison County) due to MTBE Groundwater Contamination

COST COMPARISON

SUMMARY

(a) Assume Illinois EPA loan, 20 years, 3,

Level debt (no coverage)

(b) Increase over and above current annual cost of $590,000, excluding depreciation

Case

Description

‘

Capital

Cost

Debt

Service

(a)

O&M

Cost

Increase

Annual Cost

Increase

Revenue

Increase (b)

Ia

Pump, Treat, Discharge

(Iron & Manganese

Reduction)

$41,700

.

$2,803

$89,900

$92,603

15.7

lb

Pump,

Treat,

Discharge

(Iron

&

Manganese

Reduction:

MTBE

Reduction

with

Air Stripper)

$658,300

$44,254

$156,900

$201,154

34.1

lc

Pump,

Treat,

Discharge

(Iron

&

Manganese

Reduction:

MTBE

Reduction with GAC)

$1,048,600

$70,492

‘

$738,200

$808,692

137.1

2

,

Pump,

Treat,

Discharge

(Iron

&

Manganese

Reduction:

MTBE

Reduction with Air Strippers

&GAC)

$2,904,500

.__________

$195,255

.

.

$1,561,000

.

‘

‘

$1,756,255

‘

297.7

.

‘

3

New Well Field

$2,727,100

$183,329

$51,400

$234,729

39.8

4

Altemate

Treated

Water

Supply

$1,505,000

$101,174

$568,900

$670,074

,

113.6

These

and

other

examples

(Bliagwat

and

Berg,

1992)

document

that

the

cost

of

groundwater contamination is

significant.

In contrast, establishing

a maximum setback zone will

reduce

the

likelihood

of

contamination,

thereby

reducing

costs.

In

summary,

the

benefit

of

adopting a maximum setback zone that minimizes the risk ofpotential

contamination exceeds the

cost ofthis proposed regulation.

CONCLUSION

This concludes my testimony.

I will be happy to

address any questions.

29

Deputy Manager

‘

Division ofPublic Water Supplies

Illinois Environmental Protection

Agency

---

EXhIBIT I

-‘

Richard P.

Cobb’s Curriculum Vitae

30

---

CURRICULUM VITAE

I. Personal

A. Present Position:

Deputy Manager, Division ofPublic Water Supplies, Bureau of

Water, Illinois Environmental Protection Agency

B. Personal:

Married to Janet Cobb

since July 12,

1986 with one son Dylan

Cobb

who is

11

years old.

Actively involved at Our Saviors’ Lutheran

Church and School, as follows: Director ofthe Board ofMissions

and Evangelism, December 1999 to December 2001;

Directorofthe

Spiritual Life Team associated with implementation of a capital

campaign in 2002;

5

grade Sunday school teacher, May 2003

—

May

2004;

Board of Elders, December 2003

-

present; Parent Teacher

League; and Cub Scouts.

II. Education

1979

San

SalvadorBahamian Research Station (Marine Ecology and Paleoecology)

1980

South Dakota School ofMines

and Technology (Field Geology)

1981

B.S.

Illinois State University

(Geology)

1984

Illinois State University (Hydrogeology and Engineering Geology)

1986

United States Geological Survey National Training Center (Geochemistry for

Groundwater Systems)

1986

Illinois State University Graduate Hydrogeology Program (Hydrogeology ofWaste

Disposal Sites)

1987

Illinois State University Graduate Hydrogeology Program (Hydrology of Glacial

Deposits in Illinois)

1992

United States Geological Survey (MODFLOW and MODPATH groundwater

modeling)

‘

‘

1994

24 Hour Occupational Health & Safety Training

31

---

1995

Illinois State University Graduate Hydrogeology Program (Computer Modeling of

Groundwater Systems)

2001

United States Environmental Protection Agency Introduction to Quality Systems

Requirements and Basic Statistics Courses

2001

United States Environmental Protection Agency, Drinking Water Academy, Source

Water Contamination Prevention Measures

III. License

Licensed Professional Geologist

196-000553, State ofIllinois, expires 3/31/2005

IV. Certifi~ition

Certified Professional Geologist 7455,

Certified by the American Institute ofProfessional

Geologists 4/88

Certified Total Quality Management Facilitator

Certified by Organizational Dynamics Inc., 5/92

V. Summary ofExperience

Nineteen years ofdiversified,

interdisciplinary experience as a: deputy division manager (2-

years), section manager (10-years), unit manager (4-years), and lead worker (3-years) for

Illinois’ statewide groundwater protection and drinking water program. More than twenty years

ofexperience ofworking as a professional geologist

in hydrogeology, environmental geology

and petroleum geology. Three years of experience as a consulting well site geologist for major

and independent oil companies conducting petroleum exploration and development in

Arkansas, Kansas, Louisiana,

Montana, North Dakota, Oklahoma and Utah. Two years of

undergraduate teaching assistant experience for petrology, geologic field techniques, and

stratigraphy courses.

VI. Summary ofComputer

Skills

I use the following computer programs: WordPerfect

10, Microsoft Word 2000, Excel, Access,

Power Point, ARC VIEW 3.2, Aqtesolv, SURFER, WHIPA, DREAM, AQUIFEM,

MODFLOW, MODPATH, and Visual MODFLOW.

VII.

Professional Representation

A.

Illinois Environmental Protection Agency (Agency)

liaison to the Governor appointed

Groundwater Advisory Council (GAC).

32

---

B.

Agency representative ofi the Interagency Coordinating Committee on Groundwater

(ICCG).

‘

C.

Agency representative on the Senate Working Committee on Geologic Mapping.

D.

Agency representative on the State Certified Crop Advisory Board,

and chairman ofthe

ethics and regulatory subcommittee established in association with the American Society of

Agronomy/American Registry ofCertified Professionals in Agronomy, Crops and Soils

1995

—

2001.

E.

Past Chairman ofthe Agency Geographic Information System Users Group.

F.

Past member ofthe Agency Cleanup Objectives Team from

1988 to 1993 that established

soil and groundwater cleanup objectives on a site-by-site basis.

G.

Member oftechnical work group that developed Illinois groundwater quality standards

regulations.

H.

Project leader for a special Agency work group that utilized vadose zone and solute

transport modeling to develop soil cleanup objectives under different hydrogeologic settings

for the leaking underground storage tank program.

I.

Agency representative on a special subcommittee ofthe ICCG charged with the

development ofa State Pesticide Management Plan for the protection, ofgroundwater.

J.

Member ofAgency task group involved with developing the siting criteria for a low level

radioactive waste site in Illinois.

K.

Environmental regulatory representative from Illinois on the Fresh Water Foundation’s

Groundwater Information System (GWIS) project in the great lakes basin.

L.

Agency representative on four priority regional groundwater protection planning,

‘

‘

committees designated by the Director to advocate groundwater protection programs at the

local level.

‘

M. Representative on the Groundwater Subcommittee of the National Section 305(b) Report,

ofthe Clean Water Act Consistency Workgroup.

‘

N.

Bureau ofWater representative on the Agency’s Locational Data Policy Workgroup.

‘

0.

Bureau ofWater representative on the Agency GIS

Steering Committee.

‘

P

Member ofthe Ground Water Protection Council’s Welihead Protection Subcommittee

Q

Elected Co-Chair ofthe Groundwater Division ofthe GWPC on September 1997

GWPC

is a national, not for profit organization whose members are interested in the protection ofthe

---

nation’s ground water supplies. The mission ofthe GWPC is to promote the safest methods and

most effective regulations regarding comprehensive ground water protection and underground

injection techniques.

GWPC’s meetings, workshops, seminars, and symposia provide forums,

educational resources, open

communication, and active participation by its members. GWPC’s

membership includes local,

state, and federal governments, citizen groups, industry, academia,

and other parties interested in responsible protection and management of ground water

resources.

R.

Chairman ofIllinois’ Source Water Protection Technical and Citizens Advisory

Committee.

S.

United States Environmental Protection Agency National Ground Water Report work

group member. One of 10

state representatives serving on

a work group sponsored by U.S.

EPA headquarters charged with development ofa national report to be submitted to the U.S.

Congress

on the

status and needs

for groundwater protection programs across the country.

January 1999 to July2000.

T.

Northeastern Illinois Planning Commission Water Supply Task Force member.

The

purpose ofthis task force is to assist the Commission

in the development of a Strategic Plan for

Water Resource Management. March

1999 to 2001.

U.

GWPC/U.S. EPA Futures Forum Work Group providing input on source water protection

for the next 25

years. January 1999 to

2001.

V.

GWPC/ASDWA work group providing input into the U.S. EPA Office of Ground and

Drinking Water Strategic Plan for Source Water Protection. June 2000.

W.

Co-Chair U.S. EPA Headquarters/GWPC/ASDWAIASWIPCA workgroup to develop the

second Ground Water Report to

Congress. March 2002

—

Present.’

X.

Member ofAgency Enforcement and Compliance System (ACES) Oversight Committee

and Agency Information Management Steering Committee.

June 2002

—

Present.

Y.

Chaired the ICCG Groundwater Contamination Response Subcommittee responsible for

developing a new strategy for responding to

groundwater contamination and the subsequent

notification ofprivate well owners. March 2002

—

Present.

Z.

Illinois EPA representative on the ICCG Water Quantity Planning Subcommittee working

on development of a surface and groundwater quantity- planning program for Illinois. June

2002

-

Present

ZZ.

Bureau ofWater representative on Agency Environmental Justice Advisory Group.

January 2003.

-

AA. Bureau ofWater representative working on the development ofa new Strategic

Management Plan for Illinois EPA under the new administration. August 2003

—

present.

34

---

VIII. Professional Affiliation

American

Institute ofProfessional Geologists

Illinois Groundwater Association

Ground Water Protection Council

National Groundwater Association -Association of Groundwater Scientists and Engineers

Sigma Xi

—

The Scientific Research Society

IX. Chronological Experience

5/02

—

Present

-

Deputy Manager, Division of Public Water Supplies, Bureau of Water

(BOW), Illinois Environmental Protection Agency (EPA).

My

primary responsibilities

include managing the groundwater and source water protection, field operations, and the

administrative sections ofthe division.

Further, I assist with administering the public water

supervision program under the federal Safe Drinking Water Act (“SDWA”).

Additionally,

responsibility includes the integration of source water protection with traditional water supply

engineering and treatment practices, and to

further assist with linking Clean WaterAct and

SDWA programs.

I also represent on the BOW on Illinois EPA’s: Strategic Management

Planning Team; Environmental Justice Committee; Agency Information Management Steering

Committee; Agency Compliance and Enforcement System Oversight Group (ACES OG); and

the Geographic Information System Steering Committee.

Further, I chair the ACES OG

Subcommittee worki’ng on an e-permit system.

‘

‘

‘

9/92-5/02

-

Manager of the Groundwater Section, Division ofPublic Water Supplies,

BOW, Illinois EPA.

I also

serve periodically as Acting Manager forthe Division ofPublic

Water Supplies.

Myprimary responsibilities include development and implementation of

Illinois statewide

groundwater quality protection, USEPA approvedwellhead protection

program, and source water protection program.

My responsibilities include development and

implementation ofIllinois statewide groundwater quality protection, USEPA approved

wellhead protection program, and the source water assessment and protection program for

surface and groundwater public drinking water supplies.

These duties include extensive

coordination with federal, state and local stakeholders that include the Governor appointed

Groundwater Advisory Council, the Interagency Coordinating Committee on Groundwater,

four Priority Groundwater protection planning Committees, illinois Source Water Protection

Technical and Citizens Advisory Committee and through being co-chair ofthe GWPC Ground

Water Division.

Additionally, work with the Bureau ofWater permit and Mine ‘Pollution

Control Program staff to develop source water protection, groundwater monitoring and

aquifer

evaluation and remediation programs.

I have also served as a primary Agency witness at

Illinois Pollution Control Board proceedings in the matter.ofgroundwater quality standards,

technology control regulations, regulated recharge areas and water well setback zone

exceptions. Furthermore, I have served as an Agency witness in

enforcementmatters.

7/91-9/92

-

Acting Manager ofthe Groundwater Section, Division ofPublic Water

Supplies, BOW, Illinois EPA.

My responsibilities include continued development and,

implementation ofIllinois

statewide groundwater quality protection and USEPA’s approved

35

---

wellhead protection program. Additionally, work with the Bureau ofWater permit and Mine

Pollution Control Program staffto develop groundwater monitoring and aquifer evaluation,

remediation and/or groundwater management zone programs. I also served

as a primary

Agency witness at illinois Pollution Control Board proceedings

in the matter ofgroundwater

quality standards and technology control regulations. Additionally, serve as an Agency total

quality management (TQM) facilitator, and TQM trainer.

Manage a statewide regulatory compliance program for activities located within setback zones

and regulated recharge areas ofpotable water supply wells.

7/88-7/91

-

Manager ofthe Hydrogeology Unit, Groundwater

Section, Division

of Public

Water Supplies, Illinois EPA.

Manage a staff ofgeologists and geological engineers that

applyhydrogeologic and

groundwatermodeling principals to statewide groundwater protection

programs.

Oversight the development, integration and application ofGeographic Information

System, global positioning system, geostatistical, optimization, vadose zone, solute transport,

groundwater flow and particle tracking computer hardware/software programs for groundwater

protection and remediation projects.

-

Provide administrative support

to the Section manager in coordination, planning, supervision,

grant application and management, regulatory and legislative development in relation to

the

statewide groundwater quality protectionprogram. Establish

soil and groundwater cleanup

objectives

on the Agency Cleanup Objectives Team.

7/85-7/88

-

Environmental Protection Specialist I, II, and III

in the Groundwater Section,

Division of Public Water Supplies, Illinois

EPA.

Lead worker and senior geologist in the

development and implementation ofIllinois statewide groundwater quality protection program.

3/81-12/83

-

Consulting Well Site Geologist

for Geological Exploration (GX) Consultants of

Denver Colorado. Worked as a consulting well site geologist in petroleum exploration and

development for major and independent oil companies. Responsible for the geologic oversight

oftest drilling for the determination and presence ofpetroleum hydrocarbons.

Prepared

geologic correlations and performed analysis of geophysical logs, drilling

logs and drill

cuttings.

Supervised and

analyzed geophysical logging. Made recommendations for conducting

and assisted with the analysis ofdrill stem tests and coring operations. Provided daily

telephone reports and final written geologic reports to clients.

1/79-3/81 Title:

Undergraduate Teaching Assistant for

Illinois State UniversityGeology

Department. Responsible for teaching and assisting with lecture sessions, lab sessions,

assignment preparation and grading for petrology, stratigraphy and geologic field techniques.

X. List of Rulemaking or Cases in Which Expert Witness Experience Has Been Gained

IN

THE

MATTER OF: GROUNDWATER QUALITY

STANDARDS

(35

ILL.

ADM. (~ODE

620), R89-14(B) (Rulemaking).

Subject:

I served as the principal Illinois EPA

witness

recommending adoption ofthis Agency proposal.

R89-l4(B) was adopted by the Board.

36

---

IN THE MATTER OF: GROUNDWATER PROTECTION: REGULATIONS FOR

EXISTING AND NEW ACTIVITIES WITHIN SETBACK ZONES AND REGULATED

RECHARGE AREAS

(35

ILL. ADM. CODE 601, 615, 616 and 617). R89-5

(Rulemaking).

Subject:

I served as the principal Illinois EPAwitness

supporting adoption ofthis Agency

proposal.

R89-5 was adopted by the Board.

IN THE MATTER OF:

GROUNDWATER QUALITY STANDARDS (35 ILL. ADM. CODE

620), R93-27 (Rulemaking).

Subject:

I served as the principal Illinois EPA witness

recommending’amendments ofnew constituent standards in this Agency proposal.

IN THE MATTER OF: PROPOSED REGULATED RECHARGE AREAS FOR PLEASANT

VALLEY PUBLIC WATER DISTRICT, PROPOSED AMENDMENTS TO (35 ILL. ADM.

CODE 617). R00-17 (Rulemaking).

Subject:

I served as the principal Illinois EPA witness

supporting adoption ofthis Agency proposal.

The proposal was adopted on July 26, 2001

and

became effective September

1, 2001.

IN THE MATTER OF:

NATURAL GAS-FIRED, PEAK-LOAD ELECTRICAL

GENERATION FACILITIES (PEAXER PLANTS). ROl-lO (Informational Hearii~g)

Subject:

I served as a supporting Illinois EPA witness

to discuss the impact ofpeaker plants on

groundwater.

IN THE MATTER OF: PROPOSED AMENDMENTS TO TIERED APPROACH TO

CORRECTIVE ACTION OBJECTIVES (35 Ill.

Adm. Code 742), (R00-19(A) and R00-19(B))

(Rulemaking).

Subject:

I served as a supporting Illinois EPA witness recommending inclusion

ofMTBE in this Agency proposal.

IN THE MATTER OF: GROUNDWATER QUALITY STANDARDS AND COMPLIANCE

POINT AMENDMENTS (35 ILL.

ADM. CODE 620). ROl-

14

(Rulemaking).

Subject:

I

served as the prihcipal Illinois EPA witness recommending amendments ofa groundwater

standard for MTBE and compliance point determinations in this Agency proposal.

The Board

adopted the proposal unanimously on January 24, 2002.

STATE OIL COMPANY vs. DR. KRONE, McHENRY COUNTY and ILLINOIS EPA, PCB

90-102 (Water Well Exception). Subject: This case involved obtaining an exception from the

owner ofa non-community water supply well for placing new underground gasoline storage

tanks within the 200 foot setback zone ofwell.

I served as the principal witness for Illinois

EPA on this case.

The Board granted the exception with conditions.

SHELL OIL COMPANY

vs. COUNTY ofDuPAGE and THE ILLINOIS

ENVIRONMENTAL PROTECTION AGENCY, PCB 94-25 (Water Well SetbackException).

Subject: A new underground gasoline storage tank was seeking an

exception from the Illinois

Pollution Control Board in relation to a private drinking water supply well setback zone.

‘The

DuPage County and the Illmois EPA held that the tank would be a sigmficant hazard and

opposed the exception

I served as the principal Illinois EPA witness

Shell withdrew the

petition from the Board after hearings were held

37

---

People ex rel.

Ryan v. STONEHIEDGE, INC., 288

Ill.App.3d 318, 223

Ill.Dec. 764, 680

N.E.2d 497 (Ill.App.

2 Dist. May 22,

1997).

Subject: State brought Environmental Protection

Act action against company engaged in business ofspreading deicing salt, alleging that salt

stored on company’s industrial property leaked into

area’s groundwater supply, thereby

contaminating it.

The Circuit Court, McHenry County, James C.

Franz, J., granted company’s

motion for summaryjudgment.

State appealed.

The Appellate Court, Coiwell, J., held that:

(1) wells existing before Illinois Water Well Construction Code was enacted are not

“grandfathered” in as being in compliance with Code,

so as to be automatically subject to

testing for groundwater contamination, and (2) fact issues precluded summaryjudgment on

claim arising from alleged deposit ofat least 50,000 pounds ofsalt in pile within 200 feet of

two existing water supply wells.

Affirmed in part and reversed in part; cause remanded.

People vs. AMOCO OIL COMPANY and MOBIL CORPORATION,

Case no. 90-CH-79,

Tenth Judicial Court, Tazewell County, Illinois.

Subject: Groundwater contamination resulting

from releases at above ground bulk petroleum storage terminals resulting in violation of

Illinois’ Groundwater Quality Standards Regulations (35 Illinois Administrative Code 620). I

served as the principal Illinois EPA witness on this case.

The case was settled with a penalty

of$125,000 and the requirement ofa comprehensive corrective action program.

People vs. STONEHEDGE INC. Case no. 94-CH-46, Circuit Court of the

19th

Judicial

Circuit,

McHenry County.

Subject:

This case involved a violation ofthe potable well setback zone

provisions ofSection

14.2 ofthe Illinois ‘Environmental Protection Act.

Stonehedge Inc.

placed

a salt pile of greater than 50,000 pounds within the 200 foot setback ofmultiple private

drinking water supply wells..

I served as an Agency principal witness.

Stonehedge Inc. was

found to be guilty ofviolating the setback prohibition in this case and was assessed a penalty

of$1,500 and attorneys fees ofS4.500.

SALINE VALLEY CONSERVANCY DISTRICT vs. PEABODY COAL COMPANY, Case

No. 99-4074-JLF, United States District Court for the Central District ofIllinois.

Subject:

Groundwater contamination from the disposal of12.8

million tons ofcoarse coal refuse, slurry

and gob.

Witness for the Illinois EPA.

This is an on-going

case.

HOUSE BILL

171 METHYL TERTIARY BUTYL ETHER (MTBE) ELIMINATION ACT,

House Environmental and Energy Committee.

Subject: Legislation to phase out MTBE within 3 years ofenactment.

I served as a principal

Illinois EPA witness

in support ofthe proposed legislation.

The legislation was adopted to

require the ban of MTBE within three years.

TERESA LeCLERCQ; AL LeCLERCQ; JAN LeCLERCQ~WALT LeCLERCQ, individually;

and on behalfofall persons similarly situated vs. THE LOCKFORMER COMPANY,

a

division ofMET-COIL SYSTEMS CORPORATION, Case no. 00

C 7164, United States

District Court, Northern District ofillinois.

Subject: Iwas called as a witness by Lockformer

Company to testify about a Well Site Survey prepared and published in

1989 by the Illinois

EPA for Downers Grove communitywater supply.

38

---

TERESA LeCLERCO; AL LeCLERCO;

JAN LeCLERCQ; WALT LeCLERCQ, individually;

and on behalf ofall persons similarly situated vs. THE

LOCKFORMER COMPANY,

a

division ofMET-COIL SYSTEMS CORPORATION. Case no.

00 C 7164, United States

District Court,

Northern District of Illinois.

Subject:

I was called as a witness by Lockformer

Company to testify about groundwater contamination in the Lisle and Downers Grove area.

HOUSE BILL 4177 PRIVATE WELL TESTING PROPERTY TRANSFER and

DISCLOSURE ACT, House Environmental and Energy Committee.

Subject: Legislation to

require volatile organic chemical contamination testing ofprivate wells at the time ofproperty

transfer and reporting to the Illinois Department of Public Health and the Illinois EPA.

I

served as a principal Illinois EPA witness

in support ofthe proposed legislation.

The

legislation was not supported due to the opposition from the realtors association.

MATTER OF PEOPLE vs. PEABODY COAL, PCB 99-134 (Enforcement).

Subject: the State

ofIllinois

developed an amended complaint against Peabody Coal Company (PCC) for

violation ofthe groundwater quality standard for total dissolved solids,

chloride, iron,

manganese, and sulfate.

I developed testimony to address PCC’s affirmative defense of

challenging the basis forthe groundwater quality standards for these contaminants.

XI. Honors

Sigma Xi 4/81

Superior Performance Award

1/86

Superior Performance Award

11/87

Certificate ofCommendation for Groundwater Protection Programs 4/92

Certificate ofAppreciation for work on the Agency’s Cleanup Objectives Team 4/93

Certificate ofAppreciation for participation as an Agency TQM facilitator 4/93

Certificate of Appreciation forparticipation on a total quality action team 4/93

Certificate ofAppreciation for participation in the Governors Environmental Youth Corps

Program 4/93

Director’s Commendation Award forparticipation in the development ofthe City ofPekin, II.

Groundwater Protection Program and commitment to

the protection ofIllinois groundwater.

7/95

.

Certificate ofAppreciation for outstanding contribution to the developmentofthe Ground

Water Guidelines for the National Water Quality Inventory 1996 Report to Congress from the

United States Environmental Protection Agency Office of Ground Water and Drinking Water.

8/96

39

---

Groundwater Science Achievement Award from the Illinois Groundwater Association for

outstanding leadership and service in the application of groundwater science to

groundwater

protection in Illinois and in the development ofthe welihead protection program and pertinent

land-use regulations.

11/97

Certificate ofAppreciation from the Ground Water Protection Council for distinguished

service, remarkable dedication, valuable wisdom and outstanding contribution as a GWPC

member, division co-chair and special committee member. 9/99

Drinking Water Hero Recognition by United

States Environmental Protection Agency

Administrator Carol Browner at the

25th

Anniversary ofthe Federal Safe Drinking Water Act

Futures Forum in Washington D.C.

12/99.

Certificate ofRecognition from United States Environmental Protection Agency Region V

Adminstrator Fred Lyons for outstanding achievements in protecting Illinois’

groundwater

resources.

12/99

Nominated by the Governor’s Office ofTechnology for an Exemplary Systems in Government

(ESIG) Award from the Urban and Regional Information Systems Association (URISA) for the

Illinois EPA’s Source Water Assessment and Protection Internet Geographic Information

System. 6/01

XII.

PUBLICATIONS

A.

Principal Author

Illinois Environmental Protection Agency’s

HomelandSecurity Strategy,

March 2003,

2Opp.

Co-Author

,

‘

Illinois

Environmental Protection Agency’

Strategic Plan, Bureau of Water Section,

September

2003, pp.

B. Enforcement

Principal Author

II

40

---

Opinions

and

Conclusions

‘bf

Richard Cobb For the Matter of People v.

Peabody

Coal,

PCB

99-134 (Enforcement), May 23, 2003. 60 pp.

C. Legislation and Legislative Development Documents

Co-Author

A Planfor Protecting Illinois Groundwater,

Illinois Environmental Protection Agency, January

1986.

65

p.

Groundwater in Illinois: A

ThreatenedResource, A Briefing Paper Regarding the Needfor

Groundwater Protection Legislation,

Governors Office and Illinois Environmental Protection

Agency, April

1987. 34 pp.

Illinois GroundwaterProtection Act,

Public Act 85-0863, September 1987.

68 pp.’

Executive Order #5

-

requires the ICCG to

designate a subcommittee to

develop an

integrated

groundwater

and

surface

water resources

agenda

and

assessment

report.

The

report

shall

analyze the burden’s on Illinois

finite water resources,

quantify Illinois’

water resources,

and

prioritize an

agenda to

plan

for the protection

of these water resources.

The Director of the

Department of Natural Resources

chaired this

subcommittee.

The ICCG and

GAC

shall use

the subcommittee’s agenda and report

to

establish a water-quantity planning procedure for the

State.

The Governor signed executive order #5

on Earth Day April 22, 2001.

Amendments to Sections 2,

3 and 4 ofthe illinois

GroundwaterProtection Act 415 ILCS 55/2

to

establish a Groundwater and Surface Water Quantity Protection Planning Program, January

2002,

3

pp.

These amendments were never adopted due to opposition from the illinois Farm

Bureau.

PublicAct 92—652/Senate Bill 2072

-

Amends the Illinois Groundwater Protection Act to

require the Environmental Protection Agency to notify the Department ofPublic Health, unless

notification is already provided, of the discovery ofany volatile organic compound in excess of

the Board’s Groundwater Quality Standards or the Safe Drinking Water Act maximum

contaminant level.

Provides an exception to the restriction that the Act does not apply to a

community water supply that

is regulated under the Environmental Protection Act. Requires

the Department to

notifythe public within 60 days ofthe receipt ofthe notice

from the Agency

that the owner of any private water system, semi-private water system, or non-community

public water system needs to test his or her system forpotential

contamination.

Provides

guidelines for the publication ofnotice.

Passed the Senate Environment and Public Works

Committee February 2002.

The Governor signed this into law as Public Act 29-652 (effective

July 25, 2002).

-

HouseBill 4177-

amends the Illinois Groundwater Protection Act.

Provides that before

property that has a well used for drinking water on it can be sold, the owner must have the well

41

---

water tested for volatile organic chemical

groundwater contaminants.

Provides that if the well

water does not meet the Illinois Pollution

Control Board’s Groundwater Quality Standards (35

Ii Adm Code Part 620), the owner shall notify the Illinois Department ofPublic Health (TDPH)

and the prospective buyer ofthe property.

The realtors association July 2002 opposed House

Bill 4177.

House Resolution 1010

-

The resolution drafted by in cooperation with Senator Patrick Dunn’

staff urge the Illinois Environmental Protection Agency to

further strengthen its public

outreach efforts by developing, after negotiations with individuals representing areas affected

by contamination and other relevant State agencies, a procedure to notify property owners

whenever the Agency has confirmed an exceedence ofapplicable health

and safety standards,

using scientifically credible

data and procedures under Illinois regulations.

HR 1010 was

adopted by voice vote on June 1, 2004.

D. Water Quantity

Management and Protection

Principal Author

-

R.P.,

Cobb,

August 2002,

Development of Water

Quantity Planning and Protection

in Illinois

—

A

New Direction,

Proceedings of the Annual

Ground’ Water

Protection

Council

Technical

Forum, San Francisco, California, l0pp.

E. Regulations

Co-Author

Groundwater

Quality Standards (35

Ill.

Adm.

Code 620), November,

1991. 79 pp.

Groundwater Protection: Regulationsfor Existing and New Acti-~itieswithin Setback Zones

and RegulatedRecharge Areas

(35 IlL

Adm. Code 601,

615, 616 and 617), December 1991.

l32pp.

Principal Author

Maximum SetbackZoneRules For Community Water Supply Wells (35

Ill. Adm.

Code

671),

February 1988. 50 pp.

MinimalHazard

Cert~fIcation

Rules (35 Iii. Adm. Code

670),

February, 1994.

21

pp.

Amendments to the Groundwater

Quality Standards Regulation,

(35 Ill. Adm.

Code 620),

February 1994.

RegulatedRechargeArea Regulationfor Pleasant Valley Public

Water District, (35 Ill: Adm

Code 617),

September

1, 2001 Effective date.

42

---

Maximum Setback Zone Rekulationfor Illinois American

Water Company-Peoria, (35 Ill.

Adm. Code 618),

under development.

Maximum Setback Zone Regulationfor Marquette Heights,

June 2004, under development.

Principal Author

Cobb,

R.P.,

and Sinnott,

C.L.,

1987.

Organic ContaminantsIn Illinois Groundwater.

Proceedings of the American Water Resources Association,

Illinois Section, Annual

Conference, Champaign, IL, April 28-29, p. 33-43.

Clarke,

R.P., and Cobb, R.P.,

1988.

Winnebago County Groundwater Study.

Illinois

Environmental Protection Agency.

58 pp.

Cobb,

R.P., etal,

1992.

Pilot GroundwaterProtection Needs Assessmentfor the City ofPekin.

Illinois Environmental Protection Agency.

111 pp.

Cobb, R.P., December

2001.UsingAn Internet Geographic Information System (GIS) to

Provide Public Access to HydrologicData,

Association of Groundwater Scientists and

Engineers, National Groundwater Assoc~iation,

National Conference Proceedings, Nashville,

Tennessee.

Wilson, S., Cobb, R.P., and K. Runkle, January 2002.

Arsenic in Illinois

Groundwater.

Illinois

State Water Survey, Illinois Environmental Protection Agency,

and Illinois Department of

Public Health. http://www.epa.state.il.us/water/groundwater/publications/arsenic/index.html, 7

pp.

Cobb,

R.P.,

Fuller,

C.,

Neibergall,

K.,

and

M.

Carson,

February

2004.

Community

Water

Supply Well Shooting/Blasting near the Hillcrest Subdivision Lake

County, Illinois Fact Sheet.

Illinois Environmental Protection Agency. 4 pp.

Co-author

P.C. Mills,

K.J. Halford, R.P. Cobb,

and D.J. Yeskis,

2002.

Delineation of the Troy Bedrock

Valley and evaluation ofground-waterflow by particle tracking, Belvidere, Illinois,

U.S.

Geological Survey Water-Resources Investigations Report 02-4062, 46 pp.

Principal Author

43

---

Buscher, W.E., and Cobb, R.P.,

1990.

Maximum Setback Zone Workbook.

Illinois

Environmental Protection Agency. 62 pp.

Cobb, R.P.,

1990.

Illinois GroundwaterProtection Program: A BiennialReport.

Interagency

Coordinating Committee on Groundwater. 53 pp.

Cobb, R.P., Buscher, W.E., and A. Dulka.

1991.

Illinois Approved Wellhead Protection

Program

Submitted to the United States Environmental Protection Agency Pursuant to Section

1428 ofthe Safe Drinking Water Act. Illinois Environmental Protection Agency. 44 pp.

Cobb, R.P.,

1992.

Illinois Groundwater Protection Program: A Biennial Report.

Interagency

Coordinating Committee on Groundwater.

118 pp.

Cobb, R.P.,

1994.

Illinois Groundwater Protection Program: A BiennialReport.

Interagency

Coordinating ‘Committee on Groundwater.

118 pp.

Cobb, R.P.,

1994.

BriefingPaper and Executive Summaiy on theillinois

Groundwater,

Protection Act and Groundwater Protection Programs with Recommendationsfrom the Illinois

Environmental Protection Agency Regarding the Siting ofa Low Level Radioactive Waste Site.

Presented to

the Low Level Radioactive Waste Task Force on December 9,

1994 in

Champaign-Urbana.

Cobb, R.P.,

1994.

Measuring Groundwater Protection Program Success.

In theproceedings of

a national conference on Protecting Ground Water: Promoting Understanding, Accepting

Responsibility, and Taking Action. Sponsored by the Terrene Institute and the United States

Environmental Protection Agency in Washington D.C., December 12-13, 1994.

Cobb, R.P., Wehrrnan, H.A.,

and

R.C. Berg,

1994.

Groundwater Protection Needs Assessment

Guidance Document.

Illinois Environmental Protection Agency. +94 pp.

Cobb, R.P., and Dulka, W.A.,

1995. illinois Prevention Efforts:

The Illinois

Groundwater

Protection Act Provides a

Unified Prevention-Oriented Process to Protect Groundwater as

a

Natural and Public Resource,

The AQUIFER, Journal ofthe Groundwater Foundation,

Volume 9, Number 4, March 1995.

3pp.

Cobb,

R.P.,

1995.

Integration ofSource Water Protection into a Targeted Watershed Program.

In the proceedings ofthe GROUND WATER PROTECTION COUNCIL’S Annual Ground

Water Protection Forum in Kansas City Missouri.

Cobb, R.P.,

1996.

A

Three Dimensional Watershed Approach: illinois Source Water

PrOtection Program.

In the proceedings ofthe GROUND WATER PROTECTION

COUNCIL’S Annual Ground Water Protection Forum in Minneappolis Minnesota.

-

Cobb, R.P., and W.A. Dulka,

1996.

Discussion Document on

theDevelopment ofa Regulated

Recharge Areafor thePleasant

ValleyPublic Water District.

illinois Environmental Protection

Agency. pp 28.

44

---

Cobb, R.P.,

1996.

Illinois Source

Water Protection Initiatives-GroundwaterPerspective.

In

the proceedings ofthe American Water Works Association’s Annual Conference and

Exposition in Toronto Canada. pp

585- 594.

Cobb, R.P.,

1996.

illinois’ Groundwater Protection Program: A Biennial Report.

Interagency

Coordinating Committee on Groundwater. 93

pp.

Cobb, R.P., and Dulka, W.A., 1996.

illinois Community Examines Aquifer Protection

Measures.

American Water Works Association Journal.

plO.

Cobb, R.P., McMillan, W.D., and K.E. Cook.

1996.

Drinking and Groundwater Sections of

Illinois

Water Quality Report

(Section 3 05(b) Report.

Cobb, R.P.,

1996.

Illinois’ Core Comprehensive State Groundwater Protection Program

Application.

Illinois Environmental Protection Agency.

159 pp.

Cobb, R.P.,

1998.

Illinois Source

Water Assessment and Protection Program Application.

180

pp.

Cobb, R.P., etal. October

1999,

Ground Water Report to Congress,

United States

Environmental Protection Agency.

Cobb, R.P., September 2001,

RegulatedRecharge Area Proposalfor the Pleasant

Valley

Public Water District,

Ground Water Protection Council Annual Forum Proceedings, Reno

Nevada,

13 pp.

Cobb, R.P. April 2002,

Groundwater Contamination Response Strategy,

Interagency

Coordinating Committee on Groundwater,

34 pp.

-

Co-Author

Clarke, R.P., Cobb, R.P. and C.L. Sinnott,

1988.

A Primer Regarding Certain Provisions ofthe

Illinois GroundwaterProtection Act.

Illinois Environmental Protection Agency. 48 pp.

Kanerva, R.A.,Clarke, R.P. and

R.P.

Cobb

1988.

An Issues / Options Paperfor

Comprehensive Water Quality Standardsfor Groundwater.

Interagency Coordinating

Committee on Groundwater. 25

pp.

Kanerva, R.A., Clarke, R.P. and R.P Cobb

1989.

Discussion Documentfor

Comprehensive

Groundwater Quality Standards.

Interagency Coordinating Committee on Groundwater.

25 pp.

Dulka, W.A., and R.P. Cobb,

1995.

Grassroots Group Forges Groundwater Protection Law.

American Water Works Association, Opflow, Vol.

21 No.

3. 2pp.

H. Geology

45

---

Principal Author

‘

Cobb, R.P.,

1980.

Petrography oftheHoux Limestone in Missouri.

Transactions ofthe Illinois

Academy ofScience Annual Conference, Illinois Wesleyan, Bloomington, IL.

46

---

EXHIBIT II

—

Technical References

47

---

Anderson, M. P., and Woessner, W.W.,

1992, Applied Groundwater Modeling Simulation ofFlow

and Advéctive Transport: Academic

Press, 354 p.,

Bear, Jacob,

1972, Dynamics ofFluids in Porous Media, New York Dover

Publications

Inc., 727 p.

Berg, R.

C. and Kempton, J. P.,

1987, Stack-unit mapping ofgeologic materials to a

depth of 15 meters: Illinois

State Geological Survey Circular 542, 23 p.

Bhagwat S.B., and R.C. Berg,

1991, Environmental Benefits Versus the Costs ofGeologic

Mapping,

Illinois State Geological Survey Circular 159, 40 p.

Burch, S.

L. and Kelly, D. J.,

1993, Peoria-Pekin Regional Groundwater Quality Assesment:

Illinois

State Water Survey Research Report

124.

Cobb, R.P., Wehrmann, H.A., and R.C. Berg, January

1995,

Guidance Document for Conducting

Groundwater Protection Needs Assessments, Illinois

EPA,

100 p.

-

Cobb, R.P., April 2000, Testimony Regarding The Matter of: Proposed Regulated Recharge Areas

for Pleasant Valley Public Water District (35 Ill. Adm.

Code

617), R00-17, Zip

Cobb, R.P., March 2001, Testimony Regarding The Matter Of: Groundwater Quality Standards for

(MTBE) and Compliance Point Amendments (35 Ill. Adm.

Code 620), RO1-

14, 29 p.

Domenico, P. A. and Schwartz, F.

W.,

1998,

Physical and

Chemical Hydrogeology: New

York, NY, John Wiley and

Sons Inc., 506 p.

Esling, S. P., 2000, Graphic

Groundwater Version 3.20.

Fetter, C. W.,

1994, Applied Hydrogeology: New York, NY, Macmillan College Publishing

Company, Inc., 691

p.

Freshwater Foundation,

1989, Economic Implications ofGroundwater Contamination to

Companies and Cities, 80 p.

Hansel, A. K. and Johnson, W. H.,

1996, Wedron and Mason Groups: Lithostratigraphic

reclassification of deposits of the Wisconsin Episode, Lake Michigan Lobe area: Illinois

State Geological Survey Bulletin 104,

116 p.

Horberg, L.,

1950, Groundwater in the Peoria Region, Part

1 —Geology: Illinois

State Geological

Survey Bulletin 75.

‘

Illinois

Environmental Protection Agency,

1992, The Illinois Welihead Protection Program

Pursuant to Section

1428 ofthe Federal Safe Drinking Water Act:

Illinois Environmental

Protection Agency, 44 p.

48

---

Leighton, M. M., Ekblaw, G.

E’:, and Horberg, L.,

1948, Physiographic divisions ofIllinois:

Illinois

State Geological SurveyReport of Investigation 129,

19

p.

Lineback, J.,

1979, Quatemary deposits of Illinois (map): Illinois State Geological Survey, scale

1:500,000.

Marino, M. A.

and Schicht,

R. J.,

1969, Groundwater Levels and Pumpage in the Peoria-Pekin

Area, Illinois,

1890-1966:

Illinois State Geological Survey Report ofInvestigation 61.

McDonald, M.

G. and Harbaugh, A. W.,

1988, A modular three-dimensional finite-difference

groundwater flow model: U.S.

Geological Survey Open File Report 83-875.

McDonald, M.

G., Harbaugh, A. W., Orr, B. R, and. Ackerman, D. J,

1991, A method for

converting no-flow cells to variable-head cells for theU.S.

Geological Survey modular

finite-difference ground-water flowmodel:

U.S. Geological Survey Open File Report 91-

536.

Morris, D.

A. and Johnson, A. I., 1967, Summary ofhydrologic and physical properties of rock

and soil materials as analyzed by the Hydrologic Laboratory ofthe U.S.

Geological Survey

1948-60:

U.S. Geological Survey Water Supply Paper 1839-D, 42 p.

Pollock, D.

W.,

1989, Documentation ofComputer Programs to Compute and Display Pathlines

Using Results From the U.S. Geological Survey Modular Three Dimensional Finite-

Difference Groundwater Flow Model:

U.S. Geological Survey Open File Report 89-38 1,

188 p.

RAPPS Engineering and Applied Science, March 2003, Delineation ofa Well Protection Area

—

Marquette Heights, Illinois

—

Capture Zone Delineation Report, Unpublished Contractual

Report Provided to the Illinois EPA, 93

p.

Schicht, R.

J.,

1965, Groundwater Development in East St. Louis Area, Illinois:

Illinois

State

Water Survey Report ofInvestigations 51.

Sloto, R. A.

and Crouse, M. Y.,

1996, HYSEP:

A computer program for streamfiow hydrograph

separation and analysis:

U.S.

Geological Survey Water Resources Investigations Report

96-4040, 46 p.

Thornthwaite, C. W.,

1964, Average climatic water balance data ofthe continents; Part 7 United

States:

Publications in Climatology,

v.

17-3.

United States Environmental Protection Agency (U.S. EPA), June 1987, Guidelines for the

Delineation ofWelihead Protection Areas, 64 p.

U.S. EPA, May 1988, Model Assessment for Delineating Wellhead Protection Areas (WFIPAs),

211

p.

49

---

U.S. EPA, March

1996, Benefits and Costs ofPrevention: Case Studies of Community Welihead

Protection Volume

1, EPA

813-B-95-005,

62 p.

Visocky, A. P. ‘and Sanderson, E.

W.,

1996, Evaluation of Ground-water Resource Near Test

Holes

5-93

and 9-93 and Sustained Yield of Sankoty Well Field at Peoria, Illinois: Illinois

State Water Survey Contract Report 603.

Willman, H. B. and Frye,

J.

C.,

1970,

Pleistocene stratigraphy of Illinois:

Illinois State Geological

SurveyBulletin 94, 204

p.

Willman, H.

B., et al.,

1967, Geologic map ofIllinois (map): Illinois State

Geological Survey,

scale 1:500,000:

Willman, H. B.,

et al.,

1975, Handbook ofIllinois Stratigraphy: Illinois State Geological Survey

Bulletin

95,

261

p.

50

---

III,— United States National Map Accuracy Standards

51

---

?Q~

~k~1~U~f

/~-f4--

b(~k.

52

---

EXHIBIT

United States National Map Accuracy Standards

With a view to the utmost economy and expedition in producing maps which fulfill not only

the broad needs for standardor principal maps, but also the reasonable particularneeds ofindividual

agencies, standards ofaccuracy for published maps are defined as follows:

1.

Horizontal accuracy.

For maps on

publication

scales larger

than

1:20,000, not more than

10

percent ofthe points tested shall be in error by more

than

1/30 inch, measured on

the publication

scale; for maps on publication scales of1:20,000 or smaller, 1/50 inch.

These limits ofaccuracy

shall apply in all cases to positions ofwell-defined

points

only.

Well-defined points

are those

that

are easily visible or recoverable on the

ground, such

as the following: monuments or markers,

such

as

bench

marks,

property

boundary

monuments;

intersections

of roads, railroads,

etc.;

corners

oflarge buildings orstructures (or center

points

ofsmall buildings); etc.

In general what

is well definedwill be determined by what is plottable on thescale ofthe map within

1/100 inch.

Thus while the

intersection oftwo road or property lines meeting at right angles

would come

within a sensible interpretation, identification ofthe intersectionofsuchlines meetingatan acute

angle

would obviously not be practicable

within

1/100 inch.

Similarly, features not identifiable

upon the

ground within close

limits

are

not to

be considered

as test points

within the

limits

quoted, even though theirpositions may be scaled closely upon themap.

In this class would come

timber lines, soil boundaries, etc.

2.

Vertical accuracy, as applied

to contour maps on

all publication scales,

shall be such

that

not

more

than

10 percent ofthe

elevations tested

shall

be in error more than one-halfthe contour

interval.

Inchecking elevationstakenfroin the

map,

the apparent vertical error may be decreased

by assuming a horizontal displacement within the permissible horizontal- error for a map ofthat

scale.

3.

The accuracy ofany map maybe tested

by comparing the positions ofpoints-whose locations

orelevations are shown upon itwith correspondingpositions as determined by surveysofa higher

accuracy.

Tests shall be made by the producing agency, which shall also determine which ofits

maps

are to

be tested,

and

the extent of the

testing.

4.

Published maps meetingthese accuracyrequirements-shall-note

this

fact on their legends, as

follows: “This map complies with National

Map

accuracy Standards.”

5.

Published

maps

whose errors exceed

those

aforestated

shall omit

from

their

legends

all

mention ofstandard accuracy.

6. When a published

‘map is a considerable enlargementofa map drawing (m-anuseript) or ofa

published map, that fact shall be stated in the legend.

Forexample, “This map is an enlargement

ofa 1:20,000-scale map drawing,”

or “This

map

is an enlargement ofa 1:24,000-scalepublished

map.”

7.

To facilitate ready interchange and use of basic information for map construction among

all Federal mapmaking agencies, manuscript maps

and

published maps, wherevereconomically

feasible and consistent with

the

uses to which the

map

is to be put, shall

conform:to lativideand

longitude boundaries,being

15 minutes of

latitude and

longitude,or 7.5 minutes, or3-3/4 minutes

in size.

Issued June 10.

1941

‘

U.S. BUREAU OF THE BUDGET

Revised

April26.

1943

-

Revised June 17.

1947

---

EXHIBIT IV

-

Marquette Heights Resolution

53

---

‘~je

t~

~4fiif

/Qf~

bIa~k.

54

---

O41~l/2@~4 1@:42

13S9b827l~-Q

-

VILLAGE PEORIA ~TS

PAGE

C2.

CflY

OF MARQUtI

i~

HEIGHTS

715

LINCOLN

ROAD

MARQUETTE

HEIGHTS.

IL 61554

PHONE

(3093

382-3455

Earl Carter

Mayor,

Peoria Heights

4901 N.

Prospect

Road

Peoria

Heights,

Ii 61614

Re:

Increase

in setback/City of

Marquette

Heights

water wells

___________

Dear Mr.

Carter:

-

The

City

of

Marquette

Heights

(the

“City”)

owns

and

operates two

separate water wells

located in

North

Pekin. Those wells lie

in close

proximity

to petroleum

terminals

currently

owned

by

B~tish.~trolewn,

success9r to Amoco Oil Company (“Amoco”).

At

various times

Amoco

and

its

predecessors were responsible

for

unlawful

discharges ofpetroleum

products

into

the soil.

These discharges resulted in

the

contamination

of ground water immediately adjacent to the

terminal and in

close,

proximity

to

the water wells operated by

the

City.

In 1990 the Attorney

General filed suit

against Amoco. T.flthnately, the

Attorney

General reached an

agreement

with

Amoco under

the

terms

of

which

Amoco agreed

to

implement a

“Corrective Action Plan” which

was

designed

to remediate the

conditions created as a result of

the

unlawful discharges.

It

appears,

however,

that

Amoco may be

in a position to

circumvent

the

terms and conditions ofthe

Corrective Action Plan unless

the

Illinois

Environmental Protection Agency (“EPA”)

petitions

to

increase

the setback from the existing wells

operated

by the

City.

In

order to increase the

probability that the Corrective Action Plan will be fully

implemented,

the City has asked the

IEPA

to petition

the PollutionControl Board to

increase the setback which establishes

the water

supply protection

area

for those wells from 400

feet

to 1,000

feet.

More details concerningthis

situation are set

forth

in the preambles to a resolution

recently

approved by the

City

Council of

the City, a copy of which I have enclosed for your

review.

Representatives ofthe

IEPA

have

suggested that

support

from

the

Central Regional

-

Groundwater Planning

Committee could

help to motivate

the

Pollution Control Board to

approve

an increase in the setback to

1,000

feet.

I

am, therefore, on

behalf

of the

City

of

Marquette

Heights requesting

that

the Central Regional Groundwater Planning

Committee support

any effort

undertaken

by

the

EPA

to increase the setback from the City’s wells

to

1,000 feet.

In particular,

I

askthat your

committee

consider a proposed resolution, a copy of which I have enclosed

herewith. .J

asic

that a representative

of the

committee

advise me as

soon

as possible whether or,

not the committee will

support

the proposed resolution. Ifthe

committee

will

support

the

proposed resolution,

I

ask

that

upon

approval ofthe

resolution, the committee

forward a

signed

original

of the resolution

to me.

I will

assume

responsibility for delivery of that resolution to the

IEPA. In

the

meantime

should you

have any

questions, comments, or suggestions concerning this

matter,

please do not hesitate to

contact me.

V

truly yours

David Redfield, Mayor

City ofMarquette Heights

EXHIBIT

“7

---

04i01/2004

10:42

130~”’27l29

VILLAGE PE’~IAHGTS

PAGE.

03

RESOLUTION NO.

~

Marquette Heights, Illinois

-

March

22

,,,~2004

RESOLUTION

REQUESTING

THAT

THE

ILLINOIS

ENVIRONMENTAL PROTECTION

AGENCY

PROPOSE A

REGULATION

TO INCREASE THE SETBACK ZONE

WHICH ESTABLISHES

A WATER

SUPPLY PROTECTION AREA

FOR THE

COMMUNITY

WATER

SUPPLY

OF

THE

CITY OF

MARQUETTE

HEIGHTS

WHEREAS,

the

City

of

Marquette

Heights

(the

‘City”)

currently

owns

and

operates

a

community water supply (the ‘Water System”) for the purpose of providing an adequate and safe

supply of water to residents of the City;

and

WHEREAS, n

terb~arirrg

deposits capable

ofsuppl~ng

an adequate and safe supplyof

water to residents of the City lie within the current corporate limits of the

City; and

WHEREAS, the

City supplies water to the Water System from two wells (the “Existing Wells”)

located in close proximity to each other within the corporate limits of theVillage of North Pekin; and

WHEREAS, in the event that the water drawn from the Existing Wells became corttamlnated,

the City would

have no

cost effective means of securing

a replacement source

of water; and

WHEREAS, in

1990 Amoco Oil Company (“Amoco”) owned and operated a bulk storage and

distribution

terminal

(the “Amoco

Facility”)

used

to

store gasoline,

fuel

oil

and

other

petroleum

products;

and

WHEREAS,

in

1990 Mobil

Oil Corporation (“Mobil”) owned

a bulk storage

and distribution

terminal (the “Mobil Facility”) used

to stare gasoline,

fuel oil and other petroleum products;

and

WHEREAS,

the Amoco Facility is contiguous

to the Mobil Facility: and

WHEREAS, in

1990 Amoco operated the Mobil Facility and, subsequently,

in

1993 Amoco

acquired

the Mobil Facility; and

WHEREAS,

the boundaries of the Amoco Facility and the Mobil Facility lie within 2,000 feet

of the wellheacls of the Exiting Wells; and

WHEREAS, in

1990 the State of Illinois initiated litigation in

Tazewell County Circuit Court at

Case No. 90 CH 79

(the “Amoco Litigation”) alleging that Amoco and/or Mobil had at various times

unintentionally discharged

petroleum

products

into

the

soil

at

the Amoco Facility and

the

Mobil

Facility

in

violation

of

the

Illinois

Environmental

Protection

Act

(the

Act”) found at 415

ILCS 5/1, at.

seq.; and

WHEREAS,

on

May

17,

1999,

the Tazewell

County

Circuit

Court entered

an

order

(the

~ConsentOrder”) which concluded the Amoco Litigation; and

-

-

WHEREAS,

the

Consent Order incorporated

by

reference

a

corrective

action

plan

(the

Corrective Action

Plan”)

designed

to

remediate

the conditions

created

when

AmocO

and

Mobil

violated

the Act; and

-

WHEREAS,

the

Corrective

Action

Plan

is designed

to

bring

about

removal

of

harmful

quantities of the material deposited

into the soil as

a result of the activities of Amoco and Mobil; and

---

I~4/~1/2@e41~:42

13O969271.~q

-

.—

—

—.‘~

-

-‘--“—‘.-----

-

,-1

=

,-s

ri

~

=

I—

;

r—

J

—

VILLAGE PEO~IA‘‘TS

PAGE

~4

WHEREAS,

the current setback of 400 established for the Existing Wells is inadequate to

insure that

the Corrective Action

Plan

wilt be fully implemented

in

accordance with

its

terms and

conditions; and

WHEREAS, the Source Water Assessment provided bythe Illinois EPA indicates low levels

of organic contaminants

have been found

in

and proximate

to the

City’s wells;

and

WHEREAS, the Source Water Assessment provided by the Illinois EPA indicates there are

22 sites that could pose a potential hazard to the City’s water supply; and

WHEREAS, because the Existing Wells lie within the corporate limits of the Village of North

Pekin, the City has no authority

to increase the setbacks for those wells;

and

WHEREAS,

the

Act

authorizes

the

Illinois

Environmental

Protection

Agency

(“IEPA”)

to

petition the Illinois Pollution Control Board (the‘Pollution Control Board”) to adopt e regulation which

would increase the setback for the Existing Wells

up

to a distance of 1,000 feet; and

WHEREAS, the Existing Wells constitute both a sole source of public

water

Supply for the

City

and a highly vulnerable source of ground water, both of which conditions justify an

Increase in

the setback

of

the

Existing Wells to the maximum of 1,000

feet;

NOW,

THEREFORE,

BE

IT

RESOLVED

BY THE

CITY

COUNCIL

OF

THE

CITY OF

MARQUETTE HEIGHTS, TAZEWELL COUNTY, ILLINOIS,

Section

1.

The

foregoing recitals

are hereby adopted

and found

to be correct.

SectIon 2.

The City hereby requests that the IEPA propose

to the Pollution Control Board a

regulation establishing

a maximum setback zone forthe Existing Wells

of 1,000 from the well heads.

SectIon 3.

The

Mayor is hereby authorized and directed to submit a copy of this resolution

to

the

Central

Regional

Groundwater

Planning

Committee

with

a

request that such

committee

supportthe request of the

City

thatthe setback from

the

Existing Wells

be established at 1,000 feet.

Section

4.

The Mayor

is hereby authorized to the extent he deems necessary to direct the

City Engineer,

the

City

Attorney and employees

of the

City to

support

IEPA

to

increase the setback zones from the Existing Wells.

SectIon

5.

The

City

Clerk

is

hereby

authorized

and

directed

to

immediately

submit

a

certified

copy of this

resolution to the

ATTESTS

City Clerk

---

EXHIBIT V

—

Heights, Tazewell County, Illinois

55

---

EXHIBIT

IllinOis

EnvIronmental

USGS

science(era

changmg

world

Protection Agency

Source Water Assessment Program

FA

.I-TSHEET

MARQUETTE HTS

TAZEWELL COUNTY

Prepared in cooperation with the U.S. Geological

Survey.

Information and data used

in

the preparation

of this Fact Sheet are provided by

the

Illinois

EPA and are

subject to revision.

IMPORTANCE OF SOURCE

WATER:

The City of Marquette

Heights

(Facility Number

1790400) utilizes two

active community

water supply wells. Wells

#4 and

#5

(Illinois

EPA #50280

and 50281,

respectively) supply

an average of240,900

gallons

per

day

(gpd)

to

1,006

direct services and

41

satellite services or

a populationof3,200.

Large consumers

include Briarwood

Subdivision.

WATER SUPPLIES THAT OBTAIN SOURCE WATER FROM THIS FACILITY:

No connected water supplies existed at the time

this Source

Water Assessment fact sheet

was

completed.

SOURCE OF WATER SUPPLY:

Wells

#4

and

#5

are located

in

two

pump houses

east

of route

29 and west of Main

Street.

Both wells produce

approximately

450

gallons

per

minute

(gpm).

Well #2

is no longer used asa source of

water and

has

been reported

as properly abandoned.

Wells #1

and

#3

are

listed

as inactive.

Wells #4

and

#5

are

95

and 94

feet in depth,

respectively.

The wells obtain their source water from a shallow,

permeable sand and gravel aquifer.

Permeability

is the

meaure of the capability of a soil or sediment to transmit fluids.

These wells are considered geologically

sensitive by the Illinois EPA.

WELL

DATA FOR THIS FACILITY:

~.WelI•ID

~.

~

~

I

statui:IDepth~

(FeÔt)~in

Setbaok~(Feet)j-AquIferDescriptlon

WELL471OFTWNWOFWrP

~.

A

~.

95

400

Sand&Gravel

50280

50281

WELL53OFTWOFWELL4

A

94

~.

400

1,

Sand&Gravel

SOURCE WATER QUALITY:

Wells

#4

and

#5

were sampled beginning on June

15,

1987

as part of a

Statewide Groundwater Monitoring

Program.

The wells were sampled

and analyzed for

inorganic chemicals (lOC)

and

volatile organic compounds

(VOC).

.

-

Inorganic analyses indicated that parameters are consistent with other sand and gravel

aquiferofsimilar character in

this

part

of Illinois.

It is

important

to note that the

LOC results were below the groundwater quality

standard~

established under 35

Illinois Administrative

Code Part 620.4 10.

VOC analyses have shown one detection of 1,1,1-trichloroethane in well

#5

of 6.4 parts

per

billion (ppb).

The

groundwater quality

standard for

1,1,1-trichloroethane established under Part 620.410 is 200 ppb.

In addition, a

groundwater assessment was conducted by Amoco/Mobil Oil

Co.

to determine the extent of impacts to the aquifer

V

---

by recent

and historical spills

at both the Amoco and Mobil

Petroleum Terminals north ofthe Marquette

Heights

wells.

This investigation disclosed that a floating product layer was encountered on-site. The investigation also

found a plume of dissolved gasoline constituents extending to the southwest.

The latter includes

benzene, toluene,

xylene, ethylbenzene, and MTBE.

North Pekin has a community

water supply well adjacent to this

area.

Marquette

Heights’ wells are

located just east of the North Pekin well #1.

Off-site contamination of groundwater was found

in

monitoring wells

within the minimum setback zone of North Pekin well #1.

Unconfirmed results from

an

independent

laboratory

on May 9,

1990 quantified

2

micrograms per liter of MTBE

in the Village of North Pekin

well #1.

-

FINISHED

WATER QUALITY:

As

referenced in the Source Water Quality Section ofthis

report, the Marquette Heights

community

water supply

has mineralized groundwater.

Sampling

performed

after treatment shows no detections of any VOC.

Further

information on finished water quality data, tables of monitored parameters, contaminants detected, health advisory

information, drinking water standards,

and maximum contaminant levels is

available at

http://www.epa.gov/ogwdw/.

Similar information is also available

in the Consumer Confidence Report supplied by

the City of Marquette

Heights to

its customers.

POTENTIAL

SOURCES

OF CONTAMINATION:

The sites

labeled

on the Wellhead Protection Planning Map

and described in

the following tables are

“potential”

sources of contamination.

(Maps and tables

are not available

in the Visually Impaired Accessible version of this

fact sheet.

However, information

included in the maps and tables

are

summarized within the following text sections

of this fact sheet.)

These sites are predominantly

identified through the Illinois EPA’s Well

Site Survey

Program

based on the nature oftheir activity, the availability of data in electronic databases, and their geographic proximity

to the source water protection area.

In addition, the Illinois EPA

made use ofthe

information from

its leaking

underground storage tank database

(http://epadata.epa.state.il.us/land/ust/search.asp) and site remediation program

database (http://epadata.epa.state.il.us/land/srp/search.asp) to further

assess potential sources of contamination to the

source water.

These databases include

information from the Illinois EPA

Divisionof Land Pollution Control (LPC)

and the Illinois Emergency Management Agency (IEMA).

The following is

a list of facilities contained within these

databases.

JEMA #

Site Name-Address

20020427

Rocket Motor Freight Lines

1501

Edgewater Dr.

North Pekin

61554

921715

Gary Davis & Sons

RT.

29

North Pekin

61554

932220

Hight Sales &

Service

RT. 29 Wesley Rd.

North Pekin

61554

942410

North Pekin, Village of

318 North

Main

St.

North

Pekin

61554

980068

EHR Development

Rt.

29 &

Wesley

Rd.

North Pekin

61554

LPC#

Site Name-Address

1790555009

Rocket Motor Freight

Lines

1501

Edgewater Drive

North Pekin

61554

SITE DATA FOR THIS FACILITY:

Well ID

I

Map Code

I

-

Site_Name

Site Description

-

(Distance (Feeti

50280

23590

TOYOTA

DEALESHIP OFFCE BUI

OFFICE

1450

50280

23616

flOMMY HOUSE TIRES

COMMERCIAL APPLICATION_OR

1700

50280

23617

“Q” LUBE & AUTO CAR

&

CAR W

AUTO REPAIR

1450

50280

23588

~CITGO

GAS

STATION

rBELOw GROUND STORAGE (PET

1200

50280

23589

!HIGHTS AUTO SALES

AUTO REPAIR

1100

-

50280

5

PUTO REPAIR

06444

!MAURICE DAILY TRANSPORT CO

BELOW GROUND

STORAGE (PET

350

--

50280

1000

-

50280

06443

MOBIL

OIL

CO

ABOVE GROUND STORAGE (PET

1300

-

50280

06445

JOMPCO.

STORAGE FACILITY HAZARDOUS

06451

SCHERER PONTIAC

BUICK

AUTO REPAIR

o6456

NORTH

PEKIN-FUEL STORAGE

BELOWGROUND

STORAGE (PET

750

50280

5028 0

825

50280

06457

KELLEY’S AUTO SALES

AUTO REPAIR

1100

---

WeIl ID.:

I

MaP Codé’I

“•‘•‘~~-~•“

SitéDescrintlon

~

.:-.::IDistance (Feet)

50280

50280

50280

50280

50280

50280

50280

06453

MARQUETTE HEIGHTS-INACTIVE ABANDONED OR IMPROPERLY P

650

06458

~1CE’S VW & FOREIGN

AUTO

P

~AUTO

REPAIR

1450

-.

06455

j~RTHPEKIN-FUEL

STORAGE

4BELOW GROUND STORAGE(PET

—

-

900

06452

CASEY’S

GENERAL STORE

BELOW GROUND STORAGE (PET~

500

06454

~

750

06450

-

TOYOTA

—

BELOW GROUND STORAGE (PET

775

06449

LUFT

VOLKSWAGON

IA~UTOREPAIR

775

06448

~AN

TRANSPORT

~JSTORAGE

FACIlITY HAZARDOUS

1200

06447

HIGHT AUTO SALES

& SERVICE

IBELOW GROUND STORAGE (PET

-

-

1500

-.

06446

$~ARKWAYDODGE INC

AUTO REPAIR

350

50280

50280

50281

50281

50281

50281

23590

TOYOTA DEALESHIP

OF!

~E_

23587

LANDMARK DODGE

~UTO REPAIR

23617Tã’

LUBE & AUTO

CAR & CARW

1AUTO REPAIR

—~

1450

350

1450

-

1700

23616

ftOMMYNOUSE TIRES

-

jc9MMERCIAL APPLICATION OR

50281

23589

HIGHTS AUTO SALES

AUTO_REPAIR

1200

750

-

-

1000

-

1300

800

800

1200

530

1500

675

350

775

50

-

825

‘

-

1100

‘

1450

900

-

50281

23588

CITGO GAS STATION

BELOW GROUND STORAGE (PET

50281

06445

TOMPCO____

ISTORAGE_FACILITY_HAZARDOUS

50281

06444

LMAURICE

DAILY TRANSPORT

COBELOW

GROUND STORAGE (PET

5028 1

06443

oBtCo

ABÔ~

GROUND STORAGE (PET

50281

.

06450

TOYOTA

IBELOW GROUND STORAGE (PET

50281

06449

L~fl~(SWAGON

-~

JAUTO REPAIR

50281

06448

RUAN TRANSPORT

STORAGE

FACILITY HAZARDOUS

50281

06452

CASEY’S

GENERAL STORE

JBELOW GROUND STORAGE (PET’

50281

06447

HIGHT AUTO

SALES

& SERVICE

IBELOW GROUND

STORAGE

(PET

50281

06453

MARQUETTE HEIGHTS~INACTlVE

ABANDONED OR IMPROPERLY P

50281

06446

PARKWAY DODGE INC

AUTO REPAIR

50281

06454

MARQUETTE HEIGHTS-INACTIVELABANDONED

OR IMPROPERLY P

50281

06451

“~CHERER

PONTIAC BUICK

AUTO

REPAIR

50281

06456

NORTH PEKIN-FUEL STORAGE

BELOW GROUND STORAGE (PET

5028106457

~KELLEY’S

AUTO SALES

AUTO

REPAIR

50281

06458

PRICE’S VW & FOREIGN AUTO

P

AUTO REPAIR

5028106455

NORTH PEKIN-FUEL STORAGE

~ELOWGROUND STORAGE (PET’

OTHER IDENTIFIED POTENTIAL SOURCES:

For this

community water supply, no additional potential sources of contamination have

been identified beyond

those

in Illinois EPA databases.

SUSCEPTIBILITY TO CONTAMINATION:

To determine Marquette Heights’ susceptibility to contamination, a Well Site Survey, published by the Illinois

EPA

in

1990, was reviewed.

Based

upon this

survey, there

are

22 potential sources of groundwater contamination that

could pose a hazard to groundwater utilized by

Marquette Heights’ wells. These include

1

above ground fuel

storage

tan, 6 below ground

fuel

storage tanks, 2 hazardous waste

storage facilities,

9 auto repairs, 2 abandoned or

improperly plugged wells, I office, and

I commercial application of pesticides facility.

In addition, information

provided by

the Leaking Underground Storage Tank and Remedial Project Management Sections of the Illinois EPA

indicated additional

sites

with on-going remediation which may

be of concern.

Based upon this information, the Illinois EPA has determined that the Marquette Heights community water supply’s

source water is susceptible to contamination.

As such, the Illinois EPA has provided

5-year recharge area

-

calculations for the wells.

The land use within the recharge area of the wells was analyzed

as part of this

susceptibility determination.

This land use includes residential, industrial, and

commercial properties.

SOURCE WATER PROTECTION EFFORTS:

The Illinois Environmental Protection

Act provides minimum protection zones of 400 feet forMarquette

Heights’

---

wells.

These minimum protection zones are regulated by the Illinois EPA.

To further reduce the risk to the source

water,

maximum protection zones may be~nacted. These maximum protection zones, which

are authorized by the

Illinois Environmental Protection Act, allow county and municipal officials the opportunity to provide

additional

source prohibitions up to

usually 1,000 feet from

their wells.

To furtherminimize the risk to the city’s groundwater supply,

the Illinois EPA recommends that the following

additional activities by

considered.

First, the water supply staffmay want to develop a contingency plan.

Contingency

planning documents are

a primary means to ensure that, through emergency preparedness,

a

community

will

minimize their risk of being without water.

Second, the water supply staff is encouraged to review

‘their cross connection control

ordinance to ensure that

it

remains

current and

viable.

Cross connections to either the

water treatment plant

or

in the distribution system (for example, atbulk water loading stations) may negate all

source water protection initiatives.

Third,

inactive wells #1

and #3 are

potential routes of contamination.

It is

recommended thatthe facility either properly abandonthe wells or retro-fit them for use.

Fourth, it is

recommended

that the screens

on wells

#4 and

#5

be

replaced as noted

in the engineering

evaluation dated January

17, 2001.

Finally, the Illinois

EPA recommends that the city investigate additional source water protection management

options to address the land use activities

within the community

wells’ recharge

areas.

To further reduce the risk to

the source water, Marquette Heights may wish to implement awellhead protection program which includes the

proper abandonment ofany potential routes of groundwater contamination within the recharge areas and correction

of any

sanitary defects at the water treatment facility.

---

t~

Potential

Sources Of Contamination

/VRai1s

,/\/Roads

-

IV

Sfreams

____

Minimum

Setback

Zone

____Existing

or

Potential

____

Maximum

Setback

Zone

Recharge Area

FOR MORE

INFORMATION

CONTACT:

Groundwater Section, BureauofWater

illinois Environmental Protection

Agency

-

lO2lNorthGrandAvenueEast

-

Springfield, IL 62794-9276

-

Pb#

(217)785-4787

Source Information

-

Roads, Rails, and Streams fromIllinois DNR.

CWS

Wells and

Potential Sources from Illinois

EPA.

Map compiled

by

Groundwater Section, illinois EPA.

WELLHEAD

PROTECTION PLANNING MAP

FOR

MARQUETTE

BIEIGHTS (FACILITY #1790400)

-

500

0

500

1000

I500Feet

Legend

•

CWS Wells

---

STATE OF ILLINOIS

)

COUNTY OF

SANGAMON

)

)

PROOF

OF SERVICE

•

I, the

undersigned,

on oath state that

I have served the attached Written Testimony

of

Richard

P.

Cobb, P.G. upon the person to whom it is directed, by placing a copy in an

envelope addressed to:

Dorothy Gunn,

Clerk

Illinois Pollution Control Board

James R. Thompson Center

100W.

Randolph, Suite 11-500

Chicago, Illinois 60601

General Counsel

Illinois Department of Natural Resources~

One Natural Resources Way

Springfield, Illinois 62702-1271

Service List

Matthew Dunn, Esq.

Environmental Bureau Chief

Office of the Attorney General

James R.

Thompson Center

100 W. Randolph,

12th

Floor

-

Chicago, Illinois 60601

Richard

R. McGill,

Jr.

Ill. Pollution

ControlBoard

James R.

Thompson Center

100 W. Randolph, Suite 11-500

Chicago, illinois 60601

and mailing it from Springfield, Illinois

on

MA~

~?/.

~Q~3~with

sufficient

postage affixed.

-

-

U

SUBSCRiBED

This~\

dayof~j4N\cLr~7)

,2005.

:~

Notary Public

OFFICIAL

SEAL

BRENDA

BOEHNER

NOTARY

PUBLIC.

STATE

OF

ILLINOIS

MY

COMMISSION

EXPIRES

fl.i4-2005~

---

Printing Service List....

Page

1 of

1

Party

Name

Role

City

& State

Phone/Fax

i~PA

1021.

North

Grand

Avenue

East

Springfield

217/782-5544

Petitioner

P.O.

Box 19276

•

IL

62794-9276 217/782-9807

Kimberly

A.

Geving, Assistant Counsel

Stephanie

Flowers, Attorney

Office

of the Attorney General

Environmental

Bureau

Chicago

312/814-2550

Interested

Party

100 West

Randolph

Street,

11th Floor

IL

60601

312/814-2347

Matthew

3.

Dunn,

Chief

Illinois

Pollution

Control

Board

100

W.

Randolph

St.

Chicago

•

312/814-3956

Interested

Party

Suite

11-500

IL

60601

Dorothy

M.

Gunn,

Clerk

of the

Board

Richard

McGill, Hearing

Officer

Department

of Natural Resources

Springfield

217/782-1809

One

Natural Resources Way

IL

62702-1271

217/524-9640

Interested

Party

General Counsel

•

Total

number of participants:

6

http://www.ipcb.state.iLus/cool1extemalIcasenotifyNew.asp?caseid~75

84&notifytype=Ser...

-

1/21/2005