0001

1 ILLINOIS POLLUTION CONTROL BOARD

2 IN THE MATTER OF: )

3 )

4 SETBACK ZONE FOR CITY OF ) R05-9

5 MARQUETTE HEIGHTS COMMUNITY ) (Rulemaking-

6 WATER SUPPLY, NEW 35 ILL. ADM.) Public Water

7 CODE 618 ) Supply)

11 Transcript of the proceedings of the

12 above-entitled cause on the 5th day of April, 2005

13 at 10:00 a.m.

0002

1 PRESENT:

3 Richard R. McGill, Jr., Hearing Officer,

4 Andrea Moore, Lead Board Member,

5 Anand Rao, Senior Environmental Scientist,

6 Illinois Pollution Control Board

7 James R. Thompson Center

8 100 West Randolph Street, Suite 11-500

9 Chicago, Illinois 60601

11 Thomas E. Johnson, Board Member,

12 Illinois Pollution Control Board

13 2125 South First Street

14 Champaign, Illinois 61820

16 Stephanie Flowers, Assistant Counsel,

17 Kimberly A. Geving, Assistant Counsel,

18 Richard P. Cobb, P.G., Deputy Manager,

19 Illinois Environmental Protection Agency

20 1021 North Grand Avenue East

21 P.O. Box 19276

22 Springfield, Illinois 62794-9276

23 REPORTED BY: SHARON BERKERY, C.S.R.

24 CERTIFICATE NO. 84-4327.

0003

1 E X H I B I T S

2 NUMBER MARKED FOR ID RECEIVED

3 Exhibit F 7 8

4 Exhibit G 16 16

5 Exhibit H 20 21

6 Exhibit I 21 24

7 Exhibit J 22 25

8 Exhibit K 25 25

9 Exhibit L 26 26

0004

1 THE HEARING OFFICER: Good morning.

2 Welcome to the Illinois Pollution Control

3 hearing in Chicago for Docket RO5-9, which is

4 captioned in the matter of Setback Zone For

5 City of Marquette Heights Community Water

6 Supply. 35 Illinois Administrative

7 Code 618.

8 My name is Richard McGill, I am

9 the THE HEARING OFFICER for this proceeding.

10 Briefly, some background: The Board received

11 this rulemaking proposal from the Illinois

12 Environmental Protection Agency to expand the

13 setback zone protection for the community

14 water supply well for the City of Marquette

15 Heights in Tazwell County, pursuant to

16 Section 14.3D of the Environmental Protection

17 Act.

18 On March 1st, we had our first

19 hearing that was held in Pekin. Today is the

20 second hearing. And, at present, no

21 additional hearings are scheduled.

22 Also, present today on behalf of

23 the Board, to my right, is board member

24 Andrea Moore, she is the lead board member

0005

1 for this rulemaking. To my far left is board

2 member Tom Johnson, and to my immediate left

3 Anand Rao, who is the head of the Board's

4 technical unit.

5 Today's proceeding is governed by

6 the Board's procedural rules. All

7 information that is relevant and not

8 repetitious or privileged will be admitted

9 into the record.

10 We will begin with the Agency's

11 testimony followed by any question the Board

12 or any members of the public may have for the

13 Agency. And then there will be an

14 opportunity for anyone else to testify,

15 should anyone else show up. And I'll just

16 note, for the record, that, at this point,

17 there are no other members of the public

18 present.

19 Those who testify will be sworn in

20 and may be asked questions about their

21 testimony. For the court reporter

22 transcribing today's proceeding, please speak

23 up and do not talk over one another to help

24 assure we receive a clear transcript.

0006

1 Before we adjourn today, I will

2 set a prefirst notice deadline for filing

3 public comments. Are there any questions

4 about the procedures we'll be following

5 today?

6 MS. GEVING: No questions.

7 THE HEARING OFFICER: Okay. Would the

8 court reporter go ahead and swear in the

9 Agency's representatives collectively,

10 please.

11 (WHEREUPON, the witnesses were duly

12 sworn.)

13 THE HEARING OFFICER: Thank you. Now

14 I'd ask agency attorney, Kimberly Geving, to

15 begin the Agency's presentation today.

16 MS. GEVING: Good morning. I am

17 assistant counsel for the Illinois

18 Environmental Protection Agency, and to my

19 right is Stephanie Flowers, also assistant

20 counsel for the Illinois EPA. And to my left

21 Richard Cobb, the manager of the division of

22 public water supply for the Illinois EPA.

23 This morning we have a number of

24 matters that were requested as follow-up at

0007

1 the last hearing, so we would like to go

2 through, first off, being the Errata Sheet

3 No. 1. And, Mr. Cobb, I'm going to show you

4 a document and ask you to identify that for

5 the record.

6 MR. COBB: Errata Sheet No. 1.

7 MS. GEVING: Is that a true and

8 accurate copy of what we filed with the

9 Pollution Control Board?

10 MR. COBB: Yes, it is.

11 MS. GEVING: At this time, I would ask

12 the court reporter to mark this as an

13 exhibit.

14 And I don't know our progression.

15 THE HEARING OFFICER: I'll go ahead

16 and mark it. This would be marked as Exhibit

17 F.

18 (WHEREUPON, a certain document was

19 marked Hearing Exhibit F for

20 identification, as of 4/5/05.)

21 MS. GEVING: And I would make a

22 motion, please, that that be entered into the

23 record.

24 THE HEARING OFFICER: Okay. This is

0008

1 the Agency Errata Sheet No. 1. Is there any

2 objection to entering this into the record as

3 a hearing exhibit?

4 Seeing none, I will mark this as

5 Exhibit F and enter it as a hearing exhibit.

6 (WHEREUPON, said document,

7 previously marked Hearing

8 Exhibit F, for identification, was

9 offered and received in evidence.)

10 THE HEARING OFFICER: At this point,

11 it might make sense to just ask that -- we

12 have one follow-up question regarding the

13 errata sheet. Just for continuity of the

14 transcript, it would probably make sense to

15 just go ahead and pose that question at this

16 point for Mr. Cobb.

17 Looking at the errata sheet

18 there's the proposed changes to Section

19 618.200, Subsection B. We just want to make

20 sure that we understand the Agency's intent.

21 If there is an agra chemical

22 facility located wholly or partially within

23 this new maximum setback zone, and that agra

24 chemical facility has affirmatively opted out

0009

1 of the Board's Parts 615 and 616 regulations,

2 is it correct to say that this rulemaking

3 proposal would not apply to that facility?

4 MR. COBB: Correct. The other agency

5 rules that are -- that were developed as

6 alternatives to 615, 616 would then apply.

7 THE HEARING OFFICER: Okay. Thank

8 you.

9 Any --

10 MR. COBB: For the record, too, just

11 for your -- for the transcript, I think it

12 might be important just to note that the

13 legislation -- or the Board regulation that

14 provided for this opting out, was Board

15 Docket R92-90. And -- which provided the

16 exception or opting out process to 615 and

17 616. And that was a result of legislation

18 that was adopted to require the development

19 of --

20 THE HEARING OFFICER: Okay. And an

21 agra chemical facility then, that

22 affirmatively opts out of the Parts 615 and

23 616 rule, they are then regulated under the

24 Department of Agriculture --

0010

1 MR. COBB: Yeah. Depending on the

2 type of --

3 THE HEARING OFFICER: -- for the

4 Department of Public Health?

5 MR. COBB: Yes.

6 THE HEARING OFFICER: Okay.

7 MR. RAO: I have a follow-up.

8 THE HEARING OFFICER: Yes.

9 MR. RAO: For the record, are you

10 familiar with those rules of the other

11 agencies?

12 MR. COBB: Yes. We helped the other

13 agencies develop those rules, yes.

14 MR. RAO: Okay. And so, do those

15 rules also include similar provisions for

16 production of town water, like the Board

17 rules?

18 MR. COBB: Yes, they do. The primary

19 difference is just the administrator of the

20 rules, and that was -- one of the primary

21 concerns is that most of these facilities,

22 for example, the agra chemical facilities,

23 are already under permit and regulated by the

24 Illinois Department of Agriculture. And so,

0011

1 they all -- they wanted to be regulated and

2 under one shop, so to speak. And that's the

3 primary difference.

4 MR. RAO: So when the setback is

5 expanded, if this rule is adopted by the

6 Board, those rules will automatically have

7 certain provisions that will apply to these

8 specialties that will be covered by --

9 MR. COBB: Correct. If those

10 facilities were located there, then they

11 would have to make an affirmative step

12 towards being covered under those rules.

13 Otherwise, they would be covered under the

14 Board regulations.

15 MR. RAO: Thank you.

16 THE HEARING OFFICER: Great. I don't

17 think we have any other questions at this

18 point in time regarding the errata sheet, so

19 if you'd like to continue with your

20 presentation?

21 MS. GEVING: Sure.

22 THE HEARING OFFICER: Thanks.

23 MS. GEVING: The remainder of the

24 items that we are going to go through are

0012

1 also items that the Board requested we either

2 provide copies to the Board or provide you

3 with color copies, since the Board only

4 received one original color copy. So I'm

5 going to direct Mr. Cobb to this large

6 bulletin board to my left and have him

7 describe what is up there for the Board.

8 MR. COBB: And before proceeding up

9 there, these are really enhancements of

10 Figure No. 1 in my testimony and Figure

11 No. 2.

12 THE HEARING OFFICER: And, by your

13 testimony, you're referring to your prefiled

14 testimony?

15 MR. COBB: That's correct.

16 THE HEARING OFFICER: And that is, for

17 the record, Exhibit A in this rulemaking.

18 MR. COBB: The first large poster-size

19 exhibit really lays out the Marquette Heights

20 public water supply (indicating). Each of

21 the Marquette Heights' wells are labeled with

22 their appropriate well number and are then

23 tied back to a table that provides the

24 facility number and the well numbers and also

0013

1 then this 50210 is a North Pekin well. So

2 you can see what wells belong to what

3 community water systems.

4 Further then, we've delineated the

5 well head protection areas, the Phase II well

6 head protection areas that were delineated

7 pursuant to Section 1428 of the Safe Drinking

8 Water Act. So we have the Groveland Township

9 Water Direct, North Pekin.

10 This is North Pekin, Marquette

11 Heights. This is the proposed Marquette

12 Heights maximum setback zone. This is the

13 delineated well head protection area.

14 This is PB Amoco. Over here is

15 Hicks. These two facilities are agra

16 chemical facilities.

17 And then up here we have the

18 community water system that's serving

19 Crevecoeu, and these are the three Crevecoeu

20 wells. They're also labeled and tied into

21 the cross-reference table on this exhibit.

22 As well, the map legend lays out

23 the different symbology for this exhibit.

24 For example, the red boundary is the subject

0014

1 of this proceeding or proposed maximum

2 setback zone boundary. The sort of harvest

3 gold, orange color is a delineated well head

4 protection area.

5 And then we've also illustrated

6 the municipal boundary with a very slight

7 shading and an outlined boundary. For

8 example, Pekin's municipal boundary is this

9 light green, this is unincorporated.

10 All this -- actually, North Pekin

11 is right here. Then we've got Marquette

12 Heights. And then up here, this green shade

13 is Crevecoeu.

14 So that, in terms -- it's really a

15 geographic description and depiction of all

16 of the pieces of information that we

17 discussed. And I think it's a lot easier to

18 see than the black and white copies that the

19 Board originally had.

20 Now, the second Exhibit --

21 THE HEARING OFFICER: If I could just

22 stop you there for a second?

23 MR. COBB: Yes.

24 THE HEARING OFFICER: It might be

0015

1 easier to follow along if we go ahead and

2 mark this at this point and enter it into the

3 record. I take it, at this point -- do you

4 want to go ahead and make that motion?

5 MS. GEVING: Absolutely. Would you

6 like us to take that down, or do you prefer

7 to mark it up there?

8 THE HEARING OFFICER: Yeah. Let's

9 just leave it up there. I think it will just

10 be easier for Mr. Cobb to continue his

11 testimony and for us to look on if we leave

12 it up there.

13 MS. GEVING: Okay. So this would then

14 become Exhibit G; is that correct?

15 THE HEARING OFFICER: Yes.

16 MS. GEVING: I would make a motion

17 then that we mark this first exhibit on the

18 left as Exhibit G and enter it into the

19 record, please.

20 THE HEARING OFFICER: Is there any

21 objection to that motion? Seeing none, we

22 will mark this over-sized exhibit as

23 Exhibit G. It's entitled proposed Marquette

24 Heights maximum setback zone with well head

0016

1 protection areas of adjacent community water

2 supplies.

3 (WHEREUPON, a certain document was

4 marked Hearing Exhibit G for

5 identification, as of 4/5/05

6 and received into the record.)

7 THE HEARING OFFICER: So that's in the

8 record as Exhibit G. And you said that

9 corresponds to your prefiled testimony?

10 MR. COBB: That is, basically, a

11 replication for Figure No. 2 in the prefiled

12 testimony.

13 THE HEARING OFFICER: Okay. The

14 prefiled testimony is our Exhibit A.

15 MR. COBB: Which that original figure

16 was limited in scope.

17 THE HEARING OFFICER: Thank you.

18 MR. COBB: The second exhibit, which I

19 assume will be exhibit --

20 MS. GEVING: H.

21 MR. COBB: H.

22 MR. RAO: Is that Figure No. 1 in your

23 prefiled testimony or Figure No. 2?

24 MR. COBB: Figure No. 2.

0017

1 MR. RAO: Okay.

2 MR. COBB: I'm not going in order.

3 MR. RAO: Yeah.

4 MR. COBB: Figure No. 2 then -- I mean

5 Figure No. 1, this second exhibit, which is

6 Exhibit H, which is entitled Marquette

7 Heights proposed maximum setback zone in

8 relation to potential for aquifer recharge.

9 And for those familiar with the groundwater

10 protection legislation in 1987, there were

11 amendments to the Illinois Environmental

12 Protection Act at 5 -- ILCS, Illinois

13 Compiled Statutes, 5/17.3.

14 Section 17.3 of the Illinois

15 Environmental Protection Act then required

16 the Department of Natural Resources to do a

17 statewide potential for aquifer recharge map.

18 Recharge can be broken up into the state in

19 terms of its potential and its completion of

20 a hydrologic cycle with the groundwater

21 component.

22 Areas of higher recharge have a

23 higher probability of recharging groundwater

24 from the surface versus areas of lower

0018

1 recharge within the state will probably have

2 runoff to surface streams. So we have a

3 statewide map that the Department of Natural

4 Resources developed pursuant to Section 17.3

5 of the Act.

6 That potential for aquifer

7 recharge map, the purpose of that, was to

8 assist the Illinois Environmental Protection

9 Agency in establishing priority groundwater

10 protection planning regions. The first of

11 those that we established was in 1991 and

12 included what's referred to as the central

13 priority groundwater protection planning

14 region.

15 What I show here is an excerpt of

16 that potential for recharge map. And what

17 we've done is we've used geographic

18 information system technology to show the

19 topography in three dimensions so that you

20 can see the valley here. And then that's

21 bounded by this bluff area to the east on

22 Exhibit H.

23 The valley then has, regionally, a

24 very high potential for aquifer recharge. So

0019

1 this is zoomed into the statewide map, and,

2 of course, lies within the central priority

3 groundwater protection planning region. The

4 nice thing about it is it shows you the

5 boundary then of the aquifer with this bluff

6 area.

7 And then within this Exhibit

8 the -- within the aquifer, we, once again,

9 show the proposed maximum setback zone of

10 Marquette Heights and also the delineated

11 contributing recharge areas of these pumping

12 community water supplies that are extracting

13 water from this regional aquifer system here

14 in Tazwell County. So, once again, this is

15 just to better illustrate the figure that was

16 not discernable in the black and white copy

17 of the testimony.

18 And I think it shows -- you know,

19 it shows the scientific boundaries of the

20 aquifer. And those were also chosen -- which

21 you can tell pretty well, match pretty well

22 with Figure No. 3, which was the modeling

23 grid.

24 The modeling grid was established

0020

1 based on constant head boundaries along the

2 Illinois River and based on the aquifer

3 pinching out along this bluff.

4 MS. GEVING: For the purposes of

5 clarification of the record, you're

6 referencing Figure 3 from your prefiled

7 testimony?

8 MR. COBB: That's correct.

9 THE HEARING OFFICER: Okay. I'll go

10 ahead and mark this as Exhibit H.

11 (WHEREUPON, a certain document was

12 marked Hearing Exhibit H for

13 identification, as of 4/5/05.)

14 THE HEARING OFFICER: And if you want

15 to go ahead --

16 MS. GEVING: I would move the Board

17 enter that into the record, please.

18 THE HEARING OFFICER: Okay. I have a

19 motion to enter Exhibit H into the record.

20 It's a hearing exhibit, it's entitled

21 Marquette Heights Proposed Maximum Setback

22 Zone In Relation to Potential For Aquifer

23 Recharge. Any objection to that?

24 Seeing none, that will be entered

0021

1 into the record as Exhibit H.

2 (WHEREUPON, said document,

3 previously marked Hearing

4 Exhibit H, for identification, was

5 offered and received in evidence.)

6 MS. GEVING: Mr. Cobb, I'm now going

7 to show you another document, and if you

8 could identify that, please, for the record.

9 MR. COBB: This is a blown-up copy of

10 Figure No. 3 that was contained within my

11 prefiled testimony.

12 MS. GEVING: At this time I would ask

13 the Board to mark this as an Exhibit I, and

14 we will let Mr. Cobb go ahead and give you

15 any further description of that document

16 before I move that it be entered into the

17 record.

18 (WHEREUPON, a certain document was

19 marked Hearing Exhibit No. I for

20 identification, as of 4/5/05.)

21 MR. COBB: That represents the grid

22 that was used in developing the groundwater

23 flow model. You can see certain areas within

24 that grid that are darker than others and

0022

1 that's due to a technique called telescoping.

2 You will find the mesh of the grid

3 in the areas where the pumping wells were

4 located. And then you move to a larger curve

5 spacing outside of those pumping stresses.

6 MS. GEVING: I'm going to show you

7 another document, and if you can please

8 identify that for the record.

9 MR. COBB: This figure represents a

10 blown-up copy of Figure No. 4, which was

11 originally contained in my prefiled

12 testimony. And it represents the predicted

13 map of equipotential for -- it's also

14 referred to as a water table map.

15 MS. GEVING: I would ask that the

16 Board identify this for the record as

17 Exhibit J.

18 (WHEREUPON, a certain document was

19 marked Hearing Exhibit J for

20 identification, as of 4/5/05.)

21 MS. GEVING: Mr. Cobb, is there an

22 overlay -- is there a relation between those

23 two documents that you'd like to describe

24 before I make a motion?

0023

1 MR. COBB: Yes. Figure 3 --

2 THE HEARING OFFICER: Which is -- I'm

3 sorry.

4 MR. COBB: Go ahead.

5 THE HEARING OFFICER: That's what will

6 be marked as Exhibit I.

7 MR. COBB: Okay. Exhibit I is the

8 modeling grid within which the predicted

9 lines of equipotential came from. So there's

10 a direct correlation between the two

11 exhibits.

12 MS. GEVING: If the Board has no

13 questions, I would move that Exhibits I and J

14 be entered into the record.

15 THE HEARING OFFICER: Any objection to

16 that motion?

17 Seeing none -- well, let me take

18 them separately, just to be careful.

19 Exhibit I, any objection into entering that

20 into the record?

21 Seeing none, Exhibit I is entered

22 as a hearing exhibit.

23 The second exhibit, Exhibit J,

24 which states Figure 4 contour map of

0024

1 equipotential lines indicating groundwater

2 flow patterns 0.5 meters contour interval.

3 Any objection to entering that into the

4 record as a hearing exhibit?

5 Seeing none, those two documents

6 will be entered into the record as Exhibits I

7 and J.

8 (WHEREUPON, said documents,

9 previously marked as Hearing

10 Exhibits I and J, for

11 identification, was offered and

12 received in evidence.)

13 MS. GEVING: Mr. Cobb, I'm going to

14 show you another document and ask you to

15 identify that for the record.

16 MR. COBB: Yes, this is the consent

17 order that the State of Illinois entered into

18 versus Amoco Oil Company, which became --

19 later became BP Amoco. It was entered into

20 the Circuit Court for the 10th Judicial

21 District in Tazwell County.

22 MS. GEVING: I would ask that the

23 Board identify this as Exhibit K for the

24 record and move that that be entered, unless

0025

1 you have questions.

2 (WHEREUPON, a certain document was

3 marked Hearing Exhibit K for

4 identification, as of 4/5/05.)

5 THE HEARING OFFICER: Any objection to

6 entering the consent order into the record as

7 hearing Exhibit K?

8 Seeing none, the consent order

9 will be entered as Hearing Exhibit K.

10 (WHEREUPON, said document,

11 previously marked Hearing

12 Exhibit K, for identification, was

13 offered and received in evidence.)

14 MS. GEVING: Mr. Cobb, I'm going to

15 show you yet another document and ask you to

16 identify that for the record, please.

17 MR. COBB: Yes, this is the -- this

18 document is the document prepared by RAPP

19 Engineering, who actually did this regional

20 model that we've used here in the Marquette

21 Heights proceeding. This provides the

22 scientific and engineering basis for the

23 modeling and the results of the modeling that

24 I have incorporated by reference into my

0026

1 prefiled testimony.

2 MS. GEVING: I would ask the Board

3 enter this as Exhibit L and move for that to

4 be done, please.

5 (WHEREUPON, a certain document was

6 marked Hearing Exhibit L for

7 identification, as of 4/5/05.)

8 THE HEARING OFFICER: Any objection

9 for that motion?

10 Seeing none, the RAPPS report,

11 entitled Delineation of Well Head Protection

12 Area is entered as hearing Exhibit L.

13 (WHEREUPON, said document,

14 previously marked Hearing

15 Exhibit L, for identification, was

16 offered and received in evidence.)

17 MS. GEVING: Mr. Cobb, do you have any

18 further summary that you would like to give

19 of any of those documents?

20 MR. COBB: Not at this time.

21 MS. GEVING: I believe that concludes

22 the materials that the Board requested of the

23 Agency.

24 THE HEARING OFFICER: Thank you. Why

0027

1 don't we go off the record for a moment.

2 (WHEREUPON, discussion was had

3 off the record.)

4 THE HEARING OFFICER: Back on the

5 record.

6 The Agency has concluded its

7 presentation. The Board does not have any

8 further questions at this point in time.

9 I will note, for the record, that

10 no one else has appeared today to testify or

11 ask questions. So we will just move on to a

12 few procedural items before we adjourn.

13 Copies of the transcript of

14 today's hearing should be available at the

15 Board by April 19th or 20th. Shortly after

16 that, the transcript should be available on

17 the Board's website. There you will also

18 find the rulemaking proposal, board orders,

19 public comments and other filings in this

20 docket.

21 I note that anyone may file

22 written public comments on this rulemaking

23 proposal with the Clerk of the Board up to at

24 least 45 days after any first notice proposal

0028

1 is published in the Illinois Register.

2 However, to ensure that your public comment

3 is considered by the Board in its first

4 noticed decision, I am setting a prefirst

5 notice public comment filing deadline of

6 May 20.

7 As part of the Board's voluntary

8 electronic filing pilot project, public

9 comments in this rulemaking may be filed

10 through the Board's web-based clerk's office

11 online or pool at www.ipcb.state.il.us.

12 Please note that all filings with

13 the clerk must be served on the THE HEARING

14 OFFICER and on those persons on the service

15 list for this rulemaking. Before filing any

16 document with the clerk, please check with me

17 or Sandy Wiley.

18 Her phone number is 312-814-3623.

19 Or she can reached by e-mail at

20 wileys@ipcb.state.il.us, or you may check the

21 clerk's office just to ensure that you have

22 the most recent version of the service list.

23 If anyone has any questions about

24 the procedural aspects of this rulemaking, I

0029

1 can be reached by telephone at 312-814-6983

2 or e-mail at mcgillr@ipcb.state.il.us.

3 Are there any other matters that

4 need to be addressed at this time?

5 Seeing none, I'd like to thank

6 everyone for participating today. And this

7 hearing is adjourned.

8 (Which were all the matters heard

9 in the proceedings of this cause

10 this date.)

0030

1 STATE OF ILLINOIS)

2 ) SS:

3 COUNTY OF COOK )

4 I, SHARON BERKERY, a Certified Shorthand

5 Reporter of the State of Illinois, do hereby certify

6 that I reported in shorthand the proceedings had at

7 the hearing aforesaid, and that the foregoing is a

8 true, complete and correct transcript of the

9 proceedings of said hearing as appears from my

10 stenographic notes so taken and transcribed under my

11 personal direction.

12 IN WITNESS WHEREOF, I do hereunto set my

13 hand at Chicago, Illinois, this 15th day of

14 April, 2005.

17 Certified Shorthand Reporter

19 C.S.R. Certificate No. 84-4327.