RECEivE~D
    CLERK’S OFFICE
    APR
    062005
    ILLINOIS POLLUTION CONTROL BOARD
    Mril6
    2005
    STATE OF
    ~LLINOft3
    y
    Poflution Control Board
    IN
    THE MATTER OF:
    )
    )
    SETBACK ZONE FOR CITY OF
    )
    R05-9
    MARQUETTE HEIGHTS
    COMMUNITY
    )
    (Rulemaking
    —
    Public Water Supply)
    WATER SUPPLY, NEW
    35
    ILL. ADM.
    )
    CODE 618
    )
    HEARING
    OFFICER ORDER
    As set forth below, this order establishes a pre-first-notice deadline for filing public
    comments with the Board.
    By way ofbackground, on November
    5,
    2004, the Board received a
    rulemakingproposal from the illinois Environmental Protection Agency (Agency) to
    establish
    1,000-foot setback zone protection forthe conmiunitywater supply (CWS) wells ofthe City of
    Marquette Heights, in Tazewell County.
    The Agency’s proposal is the first ofits kind under
    Section
    14.3(d) ofthe Environmental Protection Act (415 ILCS
    5/14.3(d)
    (2002)), which allows
    for the establishment of“maximum setback zones” to prevent contamination ofparticularly
    vulnerable groundwater sources used by CWS.
    The proposed public water supply rules would
    create a new Part 618 ofTitle
    35
    ofthe Illinois Administrative Code.
    The Board held a hearing on this rulemakingproposal in Pekin on March
    1, 2005, and a
    second hearing in Chicago on April
    5,
    2005.
    No furtherhearings arepresently schedule&
    The
    transcript ofthe first hearing may be found on the Board’s Web Site through the Clerk’s Office
    On-Line (COOL) at www.ipcb.state.il.us.
    Many other documents in this rulemaking record are
    also available on COOL, including the Agency’s rulemaking proposal
    and its
    errata
    sheet
    number one, proposing changes to the rule language originally proposed.
    The transcript ofthe
    second hearing should be available on COOL during the week ofApril
    18, 2005.
    The entire
    record ofthis rulemaking is available in Chicago at the Clerk’s Office (312-814-3629).
    May 20,
    2005, is the pre-first-notice deadline for filing written public comments with the
    Clerk’s Office.
    Public comments must be filed at the following address:
    Pollution Control Board
    Dorothy Gunn, Clerk
    JRTC
    100 W. Randolph Street, Suite 11-500
    Chicago, IL 60601
    There will be other opportunities to file public comments in this rulemaking—for
    example, public comments may be filed with the Board up to at least 45 days after any first-
    notice publication ofthe rulemaking proposal
    appears in the
    Illinois
    Register.
    However, filing a
    public comment by the pre-first-notice deadline ofMay20,
    2005,
    ensures
    that the public
    comment will be considered by the Board before the Board proceeds to any first-notice decision.
    2
    Please note that as part ofthe Board’s voluntary electronic filing pilot project, public
    comments may be filed through COOL.
    Any questions about electronic filing through COOL
    should be directed to the Clerk’s Office at (312) 814-3629.
    All filings with the Clerk ofthe Board must be served on the hearing officer and on those
    persons on the Service List.
    Before filing any document with the Clerk, please check with Sandy
    Wiley at (312) 814-3623 or wi1eys(~jipcb.state.il.us
    or the hearing officer or the Clerk’s Office to
    ensure that you havethe most recent version ofthe
    R05-9
    Service List.
    IT IS
    SO ORDERED.
    Richard R. McGill, Jr.
    Hearing Officer
    Illinois Pollution Control Board
    100 West Randolph Street, Suite 11-500
    Chicago, Illinois
    60601
    (312) 814-6983 ormcgillr@ipcb.state.il.us

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