ORIGINAL
RECE~VED
CLERK’S OFFICE
BEFORE THE
ILLINOIS POLLUTION
CONTROL BOARD
FEB
072005
STATE OF ILLINOIS
IN THE
MATTER OF:
)
Pollution Control Board
)
MAXIMUM SETBACK ZONES
)
R05-9
(35
III. Adm. Code 618)
)
(Rulemaking Public Water Supplies)
APPEARANCE
The undersigned
hereby enters his
entry of appearance
on behalf of the City of
Marquette
Heights.
Michael J.
Tibbs,
y Attorney
Miller, Hall & Triggs
416
Main
Street,
Suite
1125
Peoria,
Illinois 61602
(309)
671-9600
Date:
February 4,
2005
CLERK’S OFFICE
BEFORE THE ILLIQI~
L!JPtM~ONTROL
BOARD
IN THE MATTEROF:
)
FEB
072005
‘NOTICE OF FILING
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
Kimberly A.
Geving
Assistant Counsel
Division of Legal
Counsel
Illinois
Environmental Protection Agency
1021
North Grand Ave.
East
P0 Box 19276
Springfield,
Illinois
62794-9276
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
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 of the Clerk of the
Illinois
Pollution
Control
Board the written testimony
of David Redfield,
Mayor of the City
of Marquette
Heights,
a copy of which is herewith
served upon you.
CITY OF
ARQU.
TTE
HEI~3HTS
By:____________
Michael J. Tibb
,áty Atto~rrr~y
Miller, Hall & Triggs
416 Main
Street,
Suite
1125
Peoria,
Illinois
61602
(309) 671-9600
MAXIMUM
SETBACK ZONES
(35
III. Adm. Code
618)
•STATE OF ILLINOIS
Pollution
Control Board
)
R05-9
)
(Rulemaking Public Water Supplies)
Date: February 4,
2005
CLERK’S OFFICE
0 R
I
G
1
N A L
FEB
072005
BEFORE THE ILLINOIS POLLUTION CONTROL BOARDp~t~
Control Board
IN THE MATTER OF:
)
)
MAXIMUM SETBACK ZONES
)
R05-9
(35 III. Adm. Code 618)
)
(Rulemaking Public Water Supplies)
MOTION
FOR ACCEPTANCE
The
City of Marquette Heights,
pursuant to 35
III. Adm.
Code 102.242, moves the
Illinois
Pollution
Control
Board
to
accept
the
attached
written
testimony
of
David
Redfield,
Mayor of the City of Marquette Heights, for the above-referenced matter.
Respecifully submitted,
CITY OF MARQUETTE HEIGHTS
By
4~Z~9~
Michael J. Tibb
,City Attorney
Miller, Hall & Triggs
•
416
Main Street,
Suite
1125
Peoria,
Illinois 61602
(309) 671-9600
Date:
February 4,
2005
RECE~VED
•
ORAGAi~~U
CLERK’S OFFICE
TESTIMONY OF DAVID REDFIELD,
MAYO~R’
OF
FEB
07
2005
THE CITY OF MARQUETTE HEIGHTS
•
STATE OF ILLINOIS
Pollution Control
Board
Introduction
My name
is David
Redfield.
I
have been Mayor
of the City of
Marquette
Heights
since
May
of
2001.
Prior
to
my
term
as
Mayor,
I
served
as
an
alderman
on
the
Marquette
Heights City Council from
1997 to
2001.
I
have
lived
in
the City of Marquette
Heights (hereinafter “Marquette
Heights” or the “City”) since
1967.
I
am
testifying
on
behalf
of
the
City
in
support
of
a
proposal
by
the
Illinois
Environmental Protection
Agency
(“IEPA”) to enlarge the setback
zone which surrounds
Marquette
Heights Water Wells #4 and
#5
(collectively “Wells #4 and
#5).
Enlargement
of this setback zone would
increase the level of protection
available to Wells #4
and
#5.
Based
on
the
evidence
introduced
in
this
proceeding
by
the
IEPA
through
witness
Richard
Cobb,
P.G.
and
based
on some
additional
information which
I
will provide
in this
testimony,
the
City
strongly
supports
the
enlargement
of
the
setback
zone
which
surrounds Wells #4 and #5 as proposed
by the IEPA.
Overview
of the City’s Plans for the Future
Marquette
Heights lies
near the intersection
of
Interstate
Route
474
and
Illinois
Route
29.
With
the exception
of a small area of approximately
13
acres
which
lies just
west of Route 29, the City sits primarily on a bluff which overlooks the valley occupied
by
the Illinois
River and
in areas of higher elevation
lying east of the bluff area.
The Village of
North
Pekin
lies
to
the south
and
west of Marquette
Heights.
The
City is also
bounded
on
the north
by the Village
of
Creve Coeur and
by a
large tract of
land owned
by the Pekin
Park
District.
Dirksen
Park,
another large property owned
by
the Pekin
Park District lies to the south of the City.
The only territory available for further
expansion
of
Marquette
Heights
lies
to
the
east
of
the
City.
This
territory
(the
“Undeveloped Territory”) consists
largely
of farm fields,
pasture land and wooded
areas
interspersed with
some single family dwellings.
The City
of
Pekin
working
in
cooperation with
other
units
of
local government
including
Marquette
Heights
and
also with
state
and
federal authorities
is
promoting
a
new
five
lane
roadway
referred
to
as
“Veteran’s
Drive.”
As
currently
contemplated,
Veteran’s Drive will run through the Undeveloped Territory in
a north/south direction
at
a
distance of approximately
one quarter mile east of the present corporate limits
of the City
and
end
with
a
new
intersection
which
connects
Veteran’s
Drive
to
Interstate
474.
Construction
of the first
phase of Veteran’s Drive has already been completed.
The
end
point
of this
first
phase
lies
several
miles
southeast
of Marquette
Heights.
However,
engineers
for
the
project
are
actively
planning
for
the
remaining
two
phases
while
elected
officials
seek
funding
for
construction.
Although
no
date
for
completion
of
Veteran’s
Drive
has
been
established,
construction
of
this
roadway
would
almost
inevitably
result in
the construction of
new homes and
business within the Undeveloped
Territory.
In
1981,
the City entered into an
intergovernmental agreement with the Village of
Creve Coeur under the terms of which the City has
the irrevocable
right to
utilize 30
of
the
capacity
of
a
new wastewater treatment
plant
(the
“Wastewater Treatment
Plant”)
operated
by the Village of
Creve Coeur.
That portion of the
capacity of the Wastewater
Treatment Plant reserved for use by Marquette Heights appears to be adequate to serve
any
new
residential
or
commercial
facilities
likely
to
be
constructed
within
the
Undeveloped
Territory.
No other nearby unit of
government has the capacity to provide
2
cost
effective
treatment
of
wastewater
generated
by
new
construction
within
the
Undeveloped Territory.
In
order
to
promote
orderly,
efficient
and
proper utilization
of
the Undeveloped
Territory,
the City in
2001 adopted
its first comprehensive plan.
A map showing the
land
uses
recommended
in
and
around
the
City,
including
the
Undeveloped
Territory
is
attached hereto labeled as “Exhibit A.”
The City’s Water System
The City’s
water
system
serves
approximately
1,064
service
connections
within
the
corporate
limits
and
56
service
connections
which
lie
within
the
Undeveloped
Territory to
the
east of
Marquette
Heights.
The City supplies
raw water
to
its
system
only through Wells #4 and
#5 which are, of course, the subject of this proceeding.
While
the
Marquette Heights water system
is interconnected
with
North Pekin’s water system
in
order that
each
community
may on
an
emergency basis
serve the other, the City has
no source of raw water other than Wells #4 and #5.
The City operates an
ion
exchange water treatment plant
located approximately
1,000 feet south
and
east of Wells #4
and #5.
An elevated
storage tank with a capacity
of
100,000 gallons (“Tower One”) has served
the City since
approximately
1948.
Tower
One
provides
marginally
adequate
storage
capacity
with
no
backup
to
allow
for
maintenance or repair of the tower.
Furthermore, Tower One does
not provide adequate
pressure to all parts of the
City,
particularly
in the eastern portion of the City.
In
order
to
address
the
shortcomings
of
Tower
One
and
in
order
to
insure
adequate
storage
capacity and
pressure
to
eventually serve the Undeveloped
Territory,
the
City
has
undertaken
the
construction
of
a
second~
elevated
storage
tank
(“Tower
Two”)
with
a
capacity
of
300,000
gallons.
The
City
has
awarded
a
contract for
the
a
construction
of
Tower
Two.
The
contract
requires
that
the
contractor
complete
the
construction
of Tower Two by November,
2005.
Based
upon construction work
already
completed, the City anticipates
the timely completion
of Tower Two.
Available Sources of Raw Water
Wells
#4 and
#5 penetrate the sankoty aquifer.
Testimony provided
by Mr.
Cobb
of the
IEPA
indicates
that
the sankoty
aquifer consists
primarily
of
coarse
to
medium
grained
sand
which
rests
on
bedrock within the
Illinois
River valley.
As
already
noted,
the City predominately lies on
and east of a bluff overlooking
the Illinois
River Valley.
At
this location, the corporate
limits
of the City do not appear to
intersect with
the sankoty
aquifer
at
locations
which
are
readily
available
and suitable
for the placement
of water
wells capable
of serving the needs of the City.
Anecdotal
information
available
to
officials
of
the.
City
tends
to
support
a
conclusion
that
no
locations
suitable
for
community
water
supply wells
lie
within
the
corporate
limits
of
the
City.
Marquette
Heights
Public Works
Director
Rick
Crum
has
over
the years
repeatedly
explored
the
feasibility
of
locating
new wells within
the City,
but
he has been advised
by experienced
well drillers
that no suitable locations
exist.
Mr.
Crum
reaffirmed
this
determination
as
recently
as
January
of
2005
through
further
discussions with
David
Dingledine,
a respected local well driller, with
M.
Ebert & Co.
The Undeveloped
Territory lying east of the City also
contains large vacant areas
which
could
potentially
provide
suitable
well
sites.
However,
adequate
water
bearing
deposits do
not exist
in
this area
for all of
the same reasons that
adequate locations for
water wells do not exist on available property within Marquette
Heights.
That
portion of the sankoty aquifer penetrated
by Wells #4
and
#5 lies
within the
Village of North
Pekin.
Accordingly, those wells
lie
at least partially under the regulatory
4•
jurisdiction of North
Pekin
and
not Marquette
Heights.
Even assuming
(as the City does)
the cooperation of North
Pekin,
relocating the wells in
North
Pekin would provide for long
and expensive
runs of pipe making them impractical.
The
available
evidence
supports
a
conclusion
that
there
are
no
sites
readily
available
to
the City which could serve as
a location
for wells to
supplement or replace
Wells
#4 and #5.
The limited availability of alternative sites underscores
the importance
of protecting the existing sites from
contamination.
Costs
of Alternative Sources
of Water
Even
assuming
the
availability
of
convenient
and
suitable
locations
for
replacement
wells,
the
cost
of
such
replacement
wells
would
impose
a
substantial
burden
on
both the City and
the users of the water system.
In
an
effort
to
determine
the
approximate
cost
of
replacing
Wells
#4
and
#5,
Public Works Director Rick
Crum
spoke
to
his
counterpart
in
nearby East
Peoria
about
the costs related to the recent construction by the City of East Peoria of a new water well
and
water treatment plant.
In
1999,
East Peoria spent approximately $1,500,000 on
this
project.
However, because
East
Peoria
is a larger community
than
Marquette
Heights,
East
Peoria also
has
several
other wells
and treatment
plants
which provide backup
in
the
case
that
one
or
more
wells
or
treatment
plants
suffer
a
malfunction
or
require
maintenance.
If Marquette
Heights were
to
replicate the facilities recently constructed
by
East
Peoria,
the need
on the part of
Marquette
Heights
to
provide
at least
one
backup
source
of raw water would
likely require
Marquette
Heights to expend
substantially
more
than the amount spent by East
Peoria.
In
order
to
further
gauge
the
cost
of
replicating
the
City’s
existing
well
and
treatment
facilities,
Mr.
Crum
also
spoke
to
Daniel
Good,
P.E.,
to
obtain
a
rough
5
estimate of
the cost of constructing
such
facilities
in
Marquette
Heights.
Mr.
Crum
was
advised
that
the
approximate
cost
of
such
facilities
would
be
at
least
$825,000.
The
rough approximation obtained
by
Mr.
Crum assumes a conveniently available alternative
location for the
necessary facilities.
However, as already
noted,
conveniently available
alternative
locations
most
likely do
not exist.
Without
a conveniently available
location,
the
costs
associated
with
replacing
the
City’s
wells
and
treatment
facilities
would
escalate
substantially
in
order
to
accommodate the
cost
of
longer transmission
lines,
appropriate pumping facilities and the acquisition
of land and easements.
The Importance of Enlarging the
Existing Setback
It
is
my
understanding
that
the
Illinois
Ground
Water
Protection
Act
and
the
Environmental
Protection Act work together to limit the establishment
of various sources
of
potential
contamination
within
established
setback
zones.
Consequently,
the
enlargement of the setback zone which protects Wells #4
and #5 would
serve
to reduce
the
proximity
of
new
sources
of
contamination
to
Wells
#4
and
#5
and,
therefore,
decrease
the
risk
both
of
contaminating
those
wells
and
of
the
significant
financial
burden which such contamination would impose on the City.
It
is
my further understanding
that
enlargement of
the current setback
zone
for
Wells
#4
and
#5
would
promote
more
complete
remediation
at
the site
of
the nearby
BP/Amoco
and
Mobil
Oil
tank
farms
(the
“Tank
Farms”).
Releases
of
petroleum
distillates
which
occurred
over
a
period
of
years
at
the
Tank
Farms
resulted
in
contamination
of the groundwater
in
the area.
As
a
result
of
litigation
initiated
by the
IEPA against the owners
and
operators of the Tank
Farms,
BP/Amoco is under a court
order
to
complete
a
comprehensive
corrective
action
program
designed
to
remove
contaminants from the groundwater in the area.
The enlargement of the setback zone
to
6
include an area which contains a plume of contamination which originated from the Tank
Farms may reduce the risk that
the court would
authorize termination of the remediation
program without first requiring removal of contaminants from
the setback zone.
In other
words,
enlarging the setback zone
would
move
the point of
compliance with
applicable
regulations to a location further from Wells #4 and
#5.
Finally,
the Village
of
North
Pekin
operates
a water
well
located
to
the west of
Wells
#4
and
#5.
The
North
Pekin
well already
enjoys
a
1000’
setback which
acts
to
partially
protect Wells
#4
and
#5.
I
understand
that
North
Pekin
is
considering
the
closure of
its
well.
Closure
of
the
North
Pekin
well
would
terminate
the setback zone
established to protect that well
and,
therefore,
deprive Wells #4
and #5 of the protection
provided
by that setback zone.
Conclusion
The
City
of
Marquette
Heights fully
endorses
the
enlargement
of
the
setback
zone which protects Wells #4 and
#5
in
accordance with the
proposal
submitted
by the
IEPA.
On behalf of the City,
I
urge the Pollution
Control
Board to adopt
that proposal.
I
have no further testimony,
but
I will attempt to address ~questions.
David Redfield, May~./
City of Marquette Heights
7
Current Zoning
2
EXHIBIT
A
CITY OF
MARQUETTE HEIGHTS
COMPREHENSIVE PLAN
a
Maràue~eH~g
and SU:rrbund~g
Areas
•
ZOning
/
0.4
Mm
a
CITY OF MARQUETTE HEIGHTS
UNDEVELOPED TERRITORY
STATE OF ILLINOIS
COUNTY OF PEORIA
)
)
)
PROOF OF SERVICE
I,
the
undersigned,
on
oath
state
that
I
have
served
the
attached
Written
Testimony
of David Redfield,
Mayor of the City of Marquette
Heights 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
100 W. Randolph, Suite
11-500
Chicago,
Illinois 60601
General Counsel
Illinois Department of Natural
Resources
One Natural
Resources Way
Springfield,
Illinois
62702-1271
Kimberly A.
Geving
Assistant Counsel
Division of
Legal Counsel
Illinois
Environmental Protection Agency
1021
North
Grand Ave.
East
P0 Box 19276
Springfield,
Illinois 62794-9276
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 Control
Board
James R. Thompson Center
100 W. Randolph, Suite 11-500
Chicago,
Illinois 60601
and
mailing
it from Peoria,
Illinois
on
February 4,
2005 with sufficient postage affixed.
SUBSCRIBED
AND SWORN TO BEFORE ME
This 4th day of February, 2005
Notary Public
F
‘OFFICIAL
SEALS
ANNA M. STOMMEL
NOTARY
PUBLIC.
STATE OF ILLINOIS
MV COMMISSION EXPIRES
07-12-2057
-
.S
jWJt~r
W
~t.
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