ILLINOIS POLLUTION CONTROL BOARD
    October 6, 2005
    SANGAMON VALLEY FARM
    SUPPLY,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY and
    VILLAGE OF SAYBROOK, ILLINOIS,
    Respondents.
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    PCB 06-43
    (Water Well Setback Exception)
    ORDER OF THE BOARD (by N.J. Melas):
    On September 19, 2005, petitioner Sangamon Valley Farm Supply (SVFS) filed a
    petition for a water well setback exception to enable it to lawfully use “direct push” technology
    for “enhanced natural attenuation” as the method of remediating hydrocarbon contamination
    located within the 200-foot setback requirement of a municipal water well. Pet. at 1-2. Until
    early 1996, SVFS operated the site, located at the corner of Main and Lincoln Streets in the
    Village of Saybrook, McLean County, as a gasoline service station. Pet. at 3.
    The petition identifies the owner of the only affected water well as the Village of
    Saybrook, and states that the affected well is a community water supply well. Pet. at 3. The
    petition also states “SVFS requests a hearing on this petition as soon as the Board can reasonably
    schedule it.” Pet. at 12.
    Pursuant to Section 14.2(c) of the Environmental Protection Act (Act), As a “new
    potential source or route” of contamination, SVFS must file a petition with the Board and the
    Agency seeking an exception to the minimum setback requirements applicable to a community
    water supply. 415 ILCS 5/14.2(c) (2004). SVFS’ petition meets the content requirements of 35
    Ill. Adm. Code 106.304 and Section 14.2 of the Act. 415 ILCS 5/14.2 (2004). The Board
    accepts this petition for hearing.
    SVFS has the burden of proof. 415 ILCS 5/40(a)(1) (2004);
    see also
    35 Ill. Adm. Code
    106.310. The respondents, the Illinois Environmental Protection Agency and the Village of
    Saybrook, may file responses on or before October 27, 2005, the 21st business day after the
    petition’s filing. SVFS may file a reply within 14 days. 35 Ill. Adm. Code 106.306. The Board
    will hold at least one hearing in an exception proceeding and the hearing officer will schedule the
    hearing. 35 Ill. Adm. Code 106.308. The Board will grant an exception where the petitioner has
    presented adequate proof:
    2
    [T]hat compliance with the setback requirements of this Section would pose an
    arbitrary and unreasonable hardship upon the petitioner, that the petitioner will
    utilize the best available technology controls economically achievable to
    minimize the likelihood of contamination of the potable water supply well, that
    the maximum feasible alternative setback will be utilized, and that the location of
    such potential source or potential route will not constitute a significant hazard to
    the potable water supply well. 415 ILCS 5/14.2(c) (2004).
    The Board grants the parties’ request for expedited hearing. The assigned hearing officer
    must contact the parties promptly to set the matter for hearing in accordance with the
    requirements of the Act and the Board’s procedural rules. The Board directs that this matter
    proceed to hearing as expeditiously as is practicable. For its part, the Board will render its
    decision as soon thereafter as it reasonably can, consistent with the Board’s workload and
    budgetary constraints.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on October 6, 2005, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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