BEFORE THE ILLINOIS POLLUTION CONTROL BOAI* E-

DIVED

CLFBK'7 OFFICE

.is-,N

2

u

2006

R06-a3

STATE OF

ILLINOIS

Pollution Control Board

(Rulemaking - Land, Water)

IN THE MATTER OF :

)

35 III. Adm. Code 1505

)

STANDARDS AND REQUIREMENTS

FOR POTABLE WATER WELL

SURVEYS AND FOR COMMUNITY

RELATIONS ACTIVITIES PERFORMED

IN CONJUNCTION WITH AGENCY

NOTICES OF THREATS FROM

CONTAMINATION

NOTICE

Dorothy Gunn, Clerk

Bill Richardson

Illinois Pollution Control Board

General Counsel

James R. Thompson Center

Illinois Dept. of Natural Resources

100 W. Randolph, Suite 11-500

One Natural Resources Way

Chicago, Illinois 60601

Springfield, Illinois 62702-1271

Matt Dunn

Environmental Bureau Chief

Office of the Attorney General

James R. Thompson Center

100 W. Randolph, 12th Floor

Chicago, Illinois 60601

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

Pollution Control Board the Illinois Environmental Protection Agency's ("Illinois EPA")

Motion for

Acceptance, Appearances of Attorneys, Statement of Reasons and the Proposed Rules, a copy of

each of which is herewith served upon you

.

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

By :

/ 1,r

/J(/

AL

Mark Wight

Assistant Counse

Division of Legal Counsel

DATE: January 20, 2006

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

(217)782-5544

THIS FILING SUBMITTED ON RECYCLED PAPER

---

MOTION FOR ACCEPTANCE

THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY ("Illinois EPA"), pursuant to 35

Ill. Adm. Code 102.200 and 102.202, moves that the Board accept for hearing the Illinois EPA's

proposed rules, "Standards and Requirements for Potable Water Well Surveys and for Community

Relations Activities Performed in Conjunction with Agency Notices of Threats of Contamination," 35 III

.

Adm. Code 1505. This regulatory proposal includes : 1) The proposed rules, 2) the Statement of Reasons

including a brief synopsis of the testimony to be offered by Illinois EPA witnesses, and 3) other

supporting documentation as required pursuant to 35 Ill. Adm. Code 102 .202 .

Respectfully submitted,

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

DATED : Zanuany

M-2006

1021 North Grand Avenue East

P.O. Box 19276

Springfield, IL 62794-9276

(217) 782-3397

By:

THIS FILING IS SUBMITTED ON RECYCLED PAPER

.

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

RE`" `RVED

CLERK'S OFFICE

JAN 2 0 2006

IN THE MATTER OF :

)

STANDARDS AND REQUIREMENTS

FOR POTABLE WATER WELL

R06-

2-5

STATE OF ILLINOIS

Pollution Control Board

SURVEYS AND FOR COMMUNITY

RELATIONS ACTIVITIES PERFORMED

IN CONJUNCTION WITH AGENCY

NOTICES OF THREATS FROM

CONTAMINATION

35 Ill. Adm. Code 1505

(Rulemaking - Land, Water)

---

APPEARANCE

I, the undersigned, hereby file my appearance in the above-titled proceeding on behalf of the Illinois

Environmental Protection Agency .

By:

. ~

f`rrk~ /

l t

Mark Wight

Assistant Counsel

DATE: January 20, 2006

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

(217) 782-5544

THIS FILING IS SUBMITTED ON RECYCLED PAPER

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

RECEIVED

CLERK'S

OFFICE

JAN 2 0 2006

IN THE MATTER OF

:

STANDARDS AND REQUIREMENTS

FOR POTABLE WATER WELL

R06- ~~

STATE OF ILLINOIS

Pollution Control Board

SURVEYS AND FOR COMMUNITY

RELATIONS ACTIVITIES PERFORMED

IN CONJUNCTION WITH AGENCY

NOTICES OF THREATS FROM

CONTAMINATION

35 Ill. Adm. Code 1505

(Rulemaking - Land, Water)

---

DATE: January 20, 2006

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

(217) 782-5544

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

APPEARANCE

I, the undersigned, hereby file my appearance in the above-titled proceeding on behalf of the Illinois

Environmental Protection Agency .

B

Kimberly A .

eying

Assistant C unsel

THIS FILING IS SUBMITTED ON RECYCLED PAPER

CLERK

JAN 2 0 2006

IN THE MATTER OF :

)

STANDARDS AND REQUIREMENTS

FOR POTABLE WATER WELL

R06- .2)

STATE OF ILLINOIS

Pollution Control Board

SURVEYS AND FOR COMMUNITY

RELATIONS ACTIVITIES PERFORMED

IN CONJUNCTION WITH AGENCY

NOTICES OF THREATS FROM

CONTAMINATION

35 111. Adm. Code 1505

(Rulemaking-Land, Water)

---

APPEARANCE

I, the undersigned, hereby file my appearance in the above-titled proceeding on behalf of the Illinois

Environmental Protection Agency .

A

!A

tefanie N. Diers

Assistant Counsel

DATE: January 20, 2006

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

(217) 782-5544

THIS FILING IS SUBMITTED ON RECYCLED PAPER

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

'.F I=D

S OFFICE

IN THE MATTER OF

:

STANDARDS AND REQUIREMENTS

FOR POTABLE WATER WELL

R06- ~;

STATE OF

ILLINOIS

Pollution Control Board

SURVEYS AND FOR COMMUNITY

RELATIONS ACTIVITIES PERFORMED

IN CONJUNCTION WITH AGENCY

NOTICES OF THREATS FROM

CONTAMINATION

35 111. Adm. Code 1505

(Rulemaking - Land, Water)

---

35111. Adm. Code 1505

BEFORE THE ILLINOIS POLLUTION CONTROL BOAPAE

WE

D

CLERK'S

OFFICE

JAN 2

u

2006

STATE OF ILLINOIS

Pollution Control Board

STANDARDS AND REQUIREMENTS )

INTHE MATTER OF :

FOR POTABLE WATER WELL

)

SURVEYS AND FOR COMMUNITY

)

(Rulemaking-Land, Water)

RELATIONS ACTIVITIES PERFORMED )

IN CONJUNCTION WITH AGENCY )

NOTICES OF THREATS FROM )

CONTAMINATION

)

STATEMENT OF REASONS

Pursuant to 35 111 Adm . Code 102.202(b), the Illinois Environmental Protection Agency

("Agency") submits its STATEMENT OF REASONS for the above-captioned proceeding to the

Illinois Pollution Control Board ("Board")

.

I.

FACTS IN SUPPORT, PURPOSE AND EFFECT

A .

Legislation

Section 25d-7(a) of the Environmental Protection Act ("Act") (415 ILCS 5/25d-7,

as

added by

P.A. 94-314

(eff.

July

25, 2005)) directs the Agency to "evaluate the Board's

-rules and

propose amendments to the rules as necessary to require potable water supply well surveys and

community relations activities where such surveys and activities are appropriate in response to

releases of contaminants that have impacted or may impact offsite potable water supply wells."

The Agency is further required to submit its proposal to the Board within 180 days of the

effective date of P.A. 94-314

.

R06-

a~

1

---

Section 25d-7(a) is not an isolated provision but rather operates in the broader context of

the public's right to know about certain offsite effects or potential effects of soil and groundwater

contamination as set forth in the new Title VI-D of the Act ("Right-To-Know"), also added by

P.A. 94-314

.

1

The centerpiece of Title VI-D is Section 25d-3, which requires the Agency to

provide notice of threats from contamination to certain members of the public in specified

circumstances . Section 25d-3(a)(1) provides that the Agency must give notice to the owners of

offsite contaminated properties if offsite soil contamination "poses a threat of exposure to the

public above the appropriate Tier 1 remediation objectives based on the current use of the offsite

property."

2

Section 25d-3(a)(2) requires the Agency to provide notice to the owners of properties

served by private, semi-private and non-community . water system wells and the owners and

operators of community water system wells if "groundwater contamination poses a threat of

exposure to the public above the Class I groundwater quality standards adopted by the Board"

under the Environmental Protection Act and the Groundwater Protection Act (415 ILCS 55)

.

3

Section 25d-3(b) also provides for mandatory notice to owners of all properties within 2500 feet

4

of the subject contamination if: 1) The Agency refers a matter for enforcement under Section

43(a) of the Act; 2) the Agency issues a seal order under Section 34(a) of the Act; or 3) the

Agency, the U.S. Environmental Protection Agency, or a third party under state or federal EPA

oversight performs an immediate removal action under the federal Comprehensive

Environmental Response, Compensation, and Liability Act ("CERCLA")

.

Although Section 25d-7(a) is relatively compact, it has left the Agency with a complex

1 415 ILCS 5/25d-1 -25d-10

.

2

See 35 III . Adm. Code 742 .Subpart E for information about Tier I remediation objectives

.

s See 35 111. Adm. Code 620 for information about Class I groundwater quality standards

.

4

The Agency may select a greater or lesser distance as appropriate to the circumstances

.

2

---

undertaking. The requirement to adopt well survey procedures is reasonably clear . Well surveys

generally are required with the site investigation portions of response actions . The purpose of

adopting procedures is to establish minimum standards for the performance and documentation

of such surveys during site investigations to ensure complete and accurate identification of the

existence and location of potable water supply wells . The difficulty with the statutory

requirement is that as many as eighteen to twenty Parts of the Board's administrative rules have

response action requirements where minimum well survey procedures might be appropriate as

part of site investigations. The workgroup quickly realized that the time allotted for submission

of a proposal to the Board was insufficient to prepare separate sets of amendments tailored to

each Part. Therefore, it was concluded that a single, overarching Part spanning multiple media

and regulatory boundaries would have to be proposed

.

The community relations requirement of Section 25d-7(a) presents a similar logistical

problem as to the number of Parts potentially affected. More importantly, it presents statutory

interpretation issues. Beyond the general directive to the Agency cited above and a statement of

the types of community relations activities that should be included in the proposal, Section 25d-

7(a) provides little guidance as to the scope of such activities, whether they should be mandatory

or voluntary, and to what extent they should be integrated with the remainder of the Title VI-D

notification requirements. Moreover, the recordings of the legislative floor debates of Senate Bill

241 (precursor to P.A. 94-314) do not provide any indication of the legislative intent regarding

these matters. Much discretion is left to the Agency, and ultimately to the Board, to determine

when such community relations activities might be "appropriate."

The Agency workgroup first explored an approach to community relations activities

3

---

based on the interpretation that Section 25d-7(a) sets forth a requirement that is independent of

the notice requirements of Section 25d-3. Thus, the Agency's initial proposal would have

established a mandatory community relations requirement any time off-site potable water supply

wells are or may be contaminated . Under that formulation, it was roughly estimated by the

Bureaus of Land and Water (`BOL," "BOW") that 200 to 500 sites per year would be required to

perform some form of mandatory community relations activities . The workgroup anticipated this

also would constitute a substantial majority of the sites that would require Agency notice under

Section 25d-3 . The result is that the Agency's notice requirement pursuant to Section 25d-3

largely would be subsumed in the mandatory community relations activities of the first proposal

pursuant to Section 25d-3(c), which provides that the Agency may allow the responsible party at

sites where community relations plans have been implemented to provide Agency-approved

notices in lieu of the notices required to be given by the Agency

.

An alternative interpretation of Title VI-D is that Sections 25d-3 and 25d-7 are closely

linked by Section 25d-3(c) . Under this interpretation, the scope of Section 25d-7 is limited by

Section 25d-3 . The community relations activities contemplated by Section 25d-7(a) are those

referenced in Section 25d-3(c) . Rather than mandatory community relations activities for which

h

there is no express requirement in Title VI-D, such activities would be voluntary, and the primary

emphasis would remain on the Section 25d-3 requirement that the Agency provide the necessary

notices except in the relatively limited circumstances where community relations plans are

developed and implemented. Consequently, the Agency's task under Section 25d-7(a) is to

propose standards and requirements for community relations activities so that such activities will

result in satisfactory notice to the public and follow-up to such notices in lieu of the Agency's

4

---

performance of similar obligations under Section 25d-3 . The proposal submitted to the Board

today is based on this latter interpretation of Title VI-D

.

B .

Regulatory Development

As noted above, the Agency workgroup has worked through two different approaches to

the community relations requirements. This second approach has been developed just recently in

large part due to the response to its outreach efforts . Because of the 180-day deadline for

submission of a proposal to the Board, the time consumed by the Agency's project workgroup in

developing the first proposal, and the confluence of these factors with the end-of-the-year

holidays, little time remained for Agency outreach efforts with the regulated community and

other interested members of the public . The first draft of the proposal was circulated to

potentially interested parties on or about December 15, 2005, along with an invitation to a

meeting at the Agency on January 4, 2006 . Persons or organizations invited to attend included

the Site Remediation Advisory Committee

s

("SRAC") and other commercial and industrial

representatives,

6

the Groundwater Advisory Council, representatives of various environmental

5

The Site Remediation Advisory Committee was created under Section 58.11 of the Act (415 ILCS 5/58.11). The

Committee consists of ten members appointed by the Governor including one member each as recommended by the

Illinois State Chamber of Commerce, the Illinois Manufacturers Association, the Chemical Industry Council of

Illinois, the Consulting Engineers Council of Illinois, the Illinois Bankers Association, the Community Bankers

Association of Illinois, and the National Solid Waste Management Association . In addition, the Governor appoints

three members at large . The Illinois Association of Realtors holds one of these appointments and two remain

unfilled

.

6

Examples include private water companies, environmental consulting companies, the Illinois Association of

Groundwater Professionals, and the Homebuilders Association of Illinois

.

7 The Groundwater Advisory Council ("GAC") was created under Section 5 of the Groundwater Protection Act (415

ILCS 55/5). The Council consists of nine members appointed by the Governor including two persons representing

environmental interests, two persons representing industrial and commercial interests, one person representing

agricultural interests, one person representing local government interests, one person representing a regional

planning agency, one person representing public water supplies, and one person representing the water well driller

industry. Also invited were members of the GAC Right-To-Know Subcommittee including citizen, industry, and

government representatives

.

5

---

organizations,8 and representatives of various state, regional and local government entities .' The

purpose of the meeting was to provide a brief Agency explanation of the proposal and to take

questions and comments from the attendees

.

Twenty-five attendees registered at the meeting on January 4, 2006, mostly from industry,

trade associations, and environmental consulting firms

. 10 Questions and comments directed to the

workgroup came primarily from representatives of these groups and generally reflected significant

concerns with the proposal. The primary concern expressed was that the Agency's proposal for

mandatory community relations exceeded the statutory intent and authority . Those expressing this

view generally agreed with the interpretation that Section 25d-7 must be interpreted in light of the

requirements of Section 25d-3. In addition, there were more detailed concerns regarding specifics of

the well survey procedures and community relations activities ranging from applicability and the

scope of work potentially required for Community Relations Plans, fact sheets, and document

repositories, to the appeals procedures for certain Agency final determinations .

On January 10, 2006, the Agency held a meeting for the Agency's cost recovery proposal

pursuant to Section 25d-7(b) of the Act . Approximately fifteen representatives from the regulated

community attended this meeting ."1

At the request of the attendees, the discussion quickly turned

away from the cost recovery proposal and to the Agency's community relations/well survey proposal

.

Again, the key point made was that the Agency had exceeded the statutory intent and authority by

s Examples include the Sierra Club, Environmental Law & Policy Center, Illinois Environmental Council, Citizens

for a Better Environment, McHenry County Defenders, and American Bottomlands Conservancy.

9 Examples include the Illinois Department of Natural Resources, Illinois Department of Public Health, Illinois State

Water Survey, Illinois State Geological Survey, Illinois Lieutenant Governor's Office, Lake County Health

Department, Illinois Municipal League, and several regional and metropolitan planning commissions and councils

from throughout the state .

10

Attendees at the January 4 th meeting were asked at registration to indicate their willingness to participate in further

outreach efforts. Nine persons indicated their willingness, all from industry and trade groups .

"

Included were representatives of the Illinois Energy Association, Ameren, the Chemical Industry Council of

Illinois, the Illinois State Chamber, the Illinois Environmental Regulatory Group, the Illinois Petroleum Council,

6

---

proposing to create a mandatory requirement for community relations activities

.

At this point, the Agency made the determination to change the proposal to a voluntary

approach to community relations activities and to keep the emphasis on the Agency's notice

obligations under Title VI-D and Section 25d-3 . Because the Agency has made this substantial and

late change of direction to its proposal, there has not been sufficient time to meet further with

interested or potentially interested parties . Therefore, the Agency cannot at this time represent that

there is any level of concurrence by interested parties on the overall concepts guiding the proposal

.

Moreover, the Agency is aware that differences remain as to several details of the well survey

procedures and community relations requirements . The Agency workgroup has committed to

continuing efforts to refine the proposal after submission to the Board. Such efforts are likely to

include additional outreach meetings . The Agency will submit to the Board any proposed

amendments to its proposal during the course of hearings

.

Finally, the Agency notes that Section 25d-7(a) directs the Board to adopt well survey and

community relations rules within 240 days after receiving the Agency's proposal . The Agency is

prepared to go directly to First Notice prior to hearings if the Board deems it necessary to meet

the statutory deadline for adoption

.

II.

THE PROPOSED REGULATIONS

As previously stated, the Agency's proposal with regard to the community relations

activities leaves the Agency's statutory notice obligations as the primary method of distribution

of information to the public about the offsite effects of contamination . The community relations

activities are somewhat incidental to the Agency's obligations although no less important once

undertaken. For this reason, the Agency's proposal sets forth standards and requirements for

Dynegy, Exelon, the Illinois Manufacturers Association, and Caterpillar

.

7

---

developing and implementing community relations activities if those activities are to be

undertaken in lieu of the Agency's notification obligations . As proposed, this can be approved

only under the controlled circumstances set forth in the rules, and, once approved, becomes an

enforceable commitment. The well survey requirements operate under an entirely different set of

considerations. Their place in the scheme of things is quite clear even though differences remain

as to some of the details .

Also as noted above, Section 25d-7(a) directs the Agency to propose and the Board to

adopt amendments to Board rules for the well survey procedures and the community relations

activities. The provision further states :

Community relations activities required by the Board shall include, but shall not

be limited to, submitting a community relations plan for Agency approval,

maintaining a public information repository that contains timely information about

the actions being taken in response to a release, and maintaining dialogue with the

community through means such as public meetings, fact sheets, and community

advisory groups .

415 ILCS 5/25d-7(a) . In addition to providing minimum requirements for potable water

well surveys, the Agency's proposal satisfies these statutory requirements for community

relations activities

.

The proposed new Part 1505 is divided into three subparts

. 12 Subpart A contains

general information pertinent to the entire Part . Subpart B contains the procedures for

performing potable water well surveys as part of response actions taken to address

releases of contaminants pursuant to applicable Board rules . Subpart C contains

12

As proposed by the Agency, these rules would be part of a new Subtitle N of Title 35 entitled "Right to Know

."

Because of the relatively unrelated subjects addressed in the proposal and the overarching applicability of the

proposal, the workgroup was unable to find what it considered a satisfactory location in the existing structure of Title

35 . Using the new Subtitle N also does not entirely resolve the location dilemma. The Board may wish to consider

a

---

standards and requirements for community relations activities to be developed and

implemented when the responsible party agrees to take on the Agency's notice

obligations as part of Agency-approved community relations activities . Again, the

Agency considered opening individual Parts and inserting the well survey and community

relations requirements as contemplated by Section 25d-7(a). However, given the large

number of Parts with response action requirements where well survey procedures are

appropriate and where information is likely to be developed under Agency oversight that

would trigger the notice requirements, the "stand-alone" approach was chosen .

Therefore, this proposal should be interpreted as an overlay for existing rules much as the

Tiered Approach to Corrective Action Objectives ("TACO") (35 Ill . Adm. Code 742)

provides methods for determining risk-based remediation objectives for several

independent sets of rules . What follows is a review of the content of the proposal with a

more detailed discussion of several issues considered by the Agency in developing the

proposal and the rationale for certain key sections .

A .

SUBPART A

Subpart A sets forth the general provisions of the Part including a statement of the

purpose and scope of the Part, definitions, and a severability provision . Section 1505.105 merely

directs the reader to the individual Subparts for applicability information . Section 1505.110

provides a short list of definitions . Most important among these is the definition of "response

action," a phrase that is a key for interpreting the well survey applicability provision

.

The definition of "response action" is intended to encompass the steps taken to address

if this is an appropriate location

.

9

---

soil contamination, groundwater contamination, or both resulting from a release of contaminants

.

These steps generally would include : 1) A site investigation to characterize the nature and extent

of the contamination, identify potentially affected wells and other exposure pathways and

receptors, and collect information sufficient to perform any necessary modeling of future

contaminant migration, and 2) the development and implementation of a remedial or corrective

action plan that will eliminate or control contamination from the release . The phrase "response

action" is decidedly reactive rather than proactive. It is meant to be distinguished from actions

taken to prevent threatened releases and the like . This distinction must be made because well

surveys generally would not be required if contamination has not already entered the

environment. Thus, the release must have occurred before a "response action" as defined in this

Part can be initiated .

B

.

SUBPART B

Subpart B consists of a short "purpose and scope" section, an applicability section, and a

more extensive section containing the minimum procedures for performing and documenting

well surveys as part of "response actions." Section 1505 .205 is the applicability provision .

Subsection (a) provides that initial applicability is based on whether or not a person is performing

a response action pursuant to Board rules requiring that a release of contaminants be addressed

.

Board rules requiring response actions (or site-specific Agency interpretations of such Board

rules) generally will require a well survey as part of a site investigation for characterizing the

nature and extent of contamination from a release . If the applicable rules require the

performance of well surveys, then Subpart B requires compliance with the Subpart B minimum

standards and requirements for those surveys . It is important to note that Subpart B does not

10

---

contain independent requirements to perform well surveys. In addition, the submission and

review of well survey documentation and appeals of Agency final determinations concerning

well survey procedures and the reporting of results are subject to the Board rules requiring the

response action

.

Subsection 1505.205(b) addresses a problem that frequently arises when proposing new

rules or amendments to existing rules -- how to treat persons already engaged in the activities to

be regulated by the proposal . How are the new rules to be phased into operation with ongoing

regulatory activities? The answer might be different for each regulatory structure affected by the

proposal. Because this Part spans several regulatory boundaries, the Agency proposes to phase in

the well survey rules on a case-by-case basis . Brief criteria have been provided for making this

judgment. Under subsection 1505 .205(b), the Agency will determine whether a well survey has

been performed as part of an ongoing response action and approved by the Agency as of the

effective date of the Part. If the final determination has been made, then no additional actions

will be required under the new rules . If the well survey has not been performed as of the

effective date, then a survey that conforms to the proposed standards will be required . If the well

survey has been performed but no Agency final determination has been made as to its adequacy,

then the Agency may approve the well survey if it satisfies the new standards or require

additional survey actions if it does not. In practice, the Agency anticipates that most sites that

have performed a well survey as of the effective date of this Part will have satisfied the proposed

new standards and requirements

.

Section 1505 .210 sets forth the minimum requirements that must be satisfied when

performing and documenting the results of the well survey . Section 1505 .210(a) requires

II

---

identification of wells, setback zones and regulated recharge areas in each of the four categories

of potable water supply wells in Illinois: private, semi-private, non-community, and community

water system wells . The subsection also specifies the distances from the property where the

release occurred at which the wells must be identified . The property where the release occurred

is the starting place for the well survey because it is likely that some level of contamination is

present there, and contamination that has not migrated from the site of the release still may pose

a threat to an offsite well. The survey distances are based on the setback zones, regulated

recharge areas, or both that may be assigned to such wells. The setback zones and regulated

recharge areas act as surrogates for the zones of influence of the wells such that groundwater

contaminants in these areas may be deemed to have threatened a well because they are more

likely to be drawn to the well through the pumping action. Thus, as a first step of the well

survey, it is important to know if contamination at the property where the release occurred is

already within the setback zone or regulated recharge area of an offsite potable water supply well

.

The concept of using setback zones and regulated recharge areas as buffer zones around wells is

borrowed from the TACO rules, among others, where it is well established

.

See

35 111. Adm

.

Code 742.320(c), (e) ; 742.805(a)(4), (a)(6)

.

Section 1505 .210(b) specifies the sources of well information that must be consulted

when performing a well survey. These are standard sources readily available in Illinois . They

generally can be consulted using the Internet, telephone or letters although documentation

requirements must be kept in mind

.

Section 1505 .210(c) requires that a well survey must be expanded in area if the site

investigation shows that measured soil contamination or measured or modeled groundwater

l2

---

contamination extends or will extend beyond the boundary of the site where the release occurred

in concentrations exceeding the soil or groundwater components of the groundwater ingestion

pathway as provided in the TACO rules . In that case, wells must be identified at setback zone or

regulated recharge area distances from the measured or modeled plume . For example, a private

well has a setback zone of 200 feet. Thus, all private wells within 200 feet of the offsite

contamination plume must be identified to determine whether contamination has encroached or

may encroach on a well or its setback zone . This information also may be used to confirm

compliance with TACO requirements for exclusions of exposure routes and addressing the

groundwater ingestion exposure route . See 35 Ill. Adm. Code 742 .320(c), (e) ; 742.805(a)(4),

(a)(6) .

Subsection 1505.210(d) provides the Agency with discretionary authority to require

additional investigation beyond the initial contacts specified in subsection 1505 .210(b). This

additional authority could be used to require a physical well survey involving some form of first-

hand inspection or direct contact with the public in the area of the release . The authority

generally would be used to resolve any uncertainties or discrepancies arising from the initial

contacts and sources . For example, if a contact with a local public water supply under Section

1505.21 0(b)(3) does not show water service at certain properties and the sources of well

information show no wells at those properties, the person performing the survey might be

required to visit those properties to determine the source of their water supplies

.

Subsection 1505.210(e) sets standards for documenting the information obtained by the

well survey. The purpose is to receive complete, well-organized information about the conduct

and results of the well survey in a form that shows compliance with remediation requirements or

13

---

a reason for concern about possible well contamination . Generally, preparing maps showing the

locations of all identified potable water wells, setback zones, and regulated recharge areas in

relation to measured and modeled areas of contamination and their concentrations will satisfy

this provision. It may be necessary to prepare more than one map to differing scales to show

these relationships clearly and in context .

C .

SUBPART C

Subpart C consists of a short "purpose and scope" section, an applicability section, two

sections setting forth alternative levels of community relations activities depending on the

severity of the offsite impacts, a section establishing requirements for document repositories if

applicable, sections covering submission and Agency review of fact sheets and community

relations plans, and sections for implementation of community relations activities, compliance

and compliance monitoring

.

Section 1505.305 is the applicability provision. Under the approach described above,

community relations activities are voluntary and are performed as authorized by the Agency in

place of the Agency's notice obligations under Section 25d-3 of the Act . Therefore, the first act

triggering the possibility of community relations activities is the Agency's determination that it

must provide a notice pursuant to Section 25d-3. Once this has occurred, subsection 1505 .305(b)

provides that the Agency may notify the responsible party that the notice must be issued and may

offer the responsible party the opportunity to provide the notice instead of the Agency. The

responsible party has a minimum of seven days to decide if it wishes to provide the notice as part

of community relations activities developed, approved and implemented pursuant to Subpart C

.

Once the responsible party notifies the Agency in writing that it wishes to proceed, compliance

14

---

with the requirements of Subpart C becomes mandatory . At that point, the responsible party has

assumed the Agency's obligation to provide accurate, complete and timely notice to the public

and any necessary follow-up, but it must be done with Agency oversight of the community

relations process .

Nothing in Title VI-D or Subpart C requires the Agency to offer the responsible party the

opportunity to assume the Agency's notice obligations. As a practical matter, the Agency

will

make site-specific decisions based on available information as to whether such an offer is

appropriate under the circumstances . For example, if the Agency has information that wells

already are contaminated, it will move to issue the notice as quickly as possible and will not offer

the community relations opportunity (although the responsible party may wish to initiate

community relations activities on its own and certainly may do so) . On the other hand, if the

available information indicates that wells are not yet contaminated but that contamination is

migrating toward wells and is predicted to reach them at some point in the future, the Agency

may find it appropriate to offer the opportunity to the responsible party to provide the notice as

part of community relations activities

.

Also, Section 1505 .305(a) limits the community relations opportunities to notices to be

provided by the Agency pursuant to Section 25d-3(a) of the Act. Notices also may be required of

the Agency pursuant to Section 25d-3(b). However, these notices must be provided within 60

days after the action triggering the notice . The structure proposed in Subpart C for the offer,

acceptance, development, Agency review and approval, and implementation of community

relations activities simply cannot be completed within the 60 days allowed for the notice

.

Therefore, notices required under Section 25d-3(b) are not included within this Subpart . Again,

1 5

---

as a practical matter, not much is lost by this exclusion . Most sites triggering Agency notice

obligations under this provision are not good candidates for this proposal because the triggering

actions usually are adversarial and the sites often are without economically viable responsible

parties

.

Two levels of community relations activities are proposed reflecting the Agency's view

that not every offsite impact justifies a full community relations plan when providing notice

.

Subsection 1505.310 provides a limited community relations requirement for releases with soil

or groundwater contamination that have impacted or may impact five or fewer off-site private,

semi-private, or non-community water system wells. The more limited requirements also apply

where offsite soil contamination exceeds Tier I contaminant concentrations suitable for the

current uses at five or fewer properties . In these cases, the person performing the community

relations activities must develop a contact list and fact sheet for distribution to a specified group

of affected, potentially affected or interested persons . The minimum content of the fact sheet

also is specified .

Section 1505 .315 provides a more comprehensive level of community relations activities

.

A full community relations plan ("CRP") and fact sheet must be developed and implemented for

releases that have impacted or may impact more than five off-site private, semi-private, or non-

community water system wells or one or more community water supply wells . The same is true

if offsite soil contamination exceeds Tier I contaminant concentrations suitable for the current

uses at more than five properties. General requirements for CRPs and fact sheets are prescribed

in subsection 1505 .315(b). The CRP requires a more intensive effort on the part of the

responsible party to identify affected, potentially affected and interested members of the public

1 6

---

response action moves forward, the purpose of providing complete and timely information to the

public largely will be defeated. Information about the nature, extent, and actual or potential

effects of the release and the steps proposed to address the contamination will lose much of its

value if presented after the fact . The only other alternative to prevent delays during direct

appeals would be to halt the response action while the community relations appeal proceeds to a

conclusion. This alternative would not serve the public interest because it would delay the

elimination or control of the contamination . In addition, it would be inefficient and result in

costlier response actions. Under the circumstances, the Agency believes its proposed solution for

appeals is a very reasonable compromise. It is similar to the issuance of "4(q) notices" pursuant

to Section 4(q) of the Act (415 ILCS 5/4(q)) where the Agency may provide notice of an

opportunity to perform a response action. The basis for the notice may not be appealed . If the

person receiving the "4(q) notice" fails to perform and the Agency undertakes the response

action, the Agency may seek to recover its costs from the non-compliant party, and the party may

raise statutory defenses at that time .

Section 1505 .330(f) provides for default approvals of documents in the event the Agency

fails to meet its 30-day review deadline . Again, the short time periods for Agency reviews and

the re-submission of disapproved documents, the indirect appeals procedure, and default

approvals if the Agency fails to meet its review deadlines are because of the time-sensitive nature

of community relations activities

.

Section 1505 .335(a) requires persons accepting notice obligations to begin

implementation of the CRP and distribution of fact sheets within five days of receiving an

Agency approval of the documents. Subsection (b) provides for compliance monitoring by the

19

---

Agency as the implementation of the CRP and the distribution of the fact sheets proceeds

.

Copies of documents distributed to the public must be provided to the Agency, and the Agency

must be notified in advance of public meetings and press conferences . In addition, the Agency is

authorized to conduct its own compliance checks . A record retention requirement for

documenting compliance also is included .

Section 1505.340 requires compliance with the requirements of Subpart C and any

approved community relations activities. Acceptance of the Agency's notice obligation and the

related community relations activities initially is voluntary, but once the obligation is accepted,

the responsible party is acting to fulfill the Agency's statutory duty and must fully comply with

the requirements of Subpart C

.

III .

TECHNICAL FEASIBILITY AND ECONOMIC REASONABLENESS

A .

TECHNICAL FEASIBILITY

Proposed Part 1505 establishes minimum standards for gathering information and

documenting the existence and location of potable water supply wells . Well surveys already are

performed in response to most releases addressed pursuant to Board rules and Agency oversight

.

No new or additional technical requirements are created. Proposed Part 1505 also provides for

the development and implementation of community relations activities under certain specified

circumstances. Whether or not those circumstances arise will depend on Agency determinations

concerning its notice obligations pursuant to Section 25d-3 of the Act and whether or not the

responsible party accepts an offer to provide the notice in lieu of the Agency as part of

community relations activities . The only new technical requirement introduced is the

establishment of a website document repository . Although not every responsible party accepting

20

---

notice and community relations obligations will have the technical expertise to develop such

websites, the technical requirements are well understood and the expertise is widely available

.

Therefore, the Agency concludes that no issues of technical feasibility are raised in this proposal

.

B

.

ECONOMIC REASONABLENESS

Because well surveys already are performed and reported in response to most releases

addressed pursuant to Board rules and Agency oversight, the Agency does not anticipate any

significant increase in costs for itself or persons performing response actions based on Subpart B

of this proposal. Rather, Subpart B merely attempts to standardize minimum requirements for

what generally is done already .

Subpart C undoubtedly will increase costs for responsible parties voluntarily accepting

notice and community relations obligations . Costs for community relations activities will vary

widely from site to site depending on the nature and extent of the contamination, the number of

offsite potable water wells impacted or threatened, the number of offsite properties with

contamination exceeding appropriate Tier 1 soil contamination concentrations, the length of time

necessary to develop and implement a remedy, and the number of interested and affected persons

in the vicinity of the property where the release occurred and the contamination plumes . By

proposing a structure with two levels of activities so that those with releases with limited impacts

are required only to prepare contact lists and fact sheets for distribution, costs should be limited

to some extent. Most sites with contamination impacting or threatening offsite properties or

wells should fall into this reduced requirement group. Costs will increase substantially for those

with releases with greater impacts who must prepare CRPs and document repositories

.

The Agency has no information about costs to private entities for performing community

2 1

---

relations activities. However, from time to time the Agency must perform such activities. The

Office of Community Relations ("OCR") has prepared some rough estimates of their costs . The

OCR estimates it would cost in the range of $9500 to $12,000 to develop a fact sheet and contact

list, prepare a news release, and distribute the information (including all details associated with

these activities). The cost estimates are based on approximately 160 to 200 hours of staff time

and direct and indirect costs of approximately $60 per hour . If a CRP also were required, the

cost could increase by as much as $4500 to $6000. The cost of the electronic document

repository is not included in the estimate because the OCR has no experience with this . Using a

private contractor for these activities likely would increase costs significantly, perhaps forty

percent or more.

The Agency expects that an increase in resources or a shift of existing resources will be

necessary to review and respond to fact sheets and CRPs and monitor compliance with the

community relations requirements . Again, the OCR estimates that the costs for reviewing

documents and the related follow-up activities will range from $3200 to $4800 if the CRP is

included and from $2200 to $3200 if only the fact sheets are required. The Agency has no

estimates of the number of responsible parties who might accept an Agency offer to provide

notice as part of community relations activities . In addition, the Board's work could be increased

by the addition of enforcement under Section 1505 .330(d) and for general non-compliance

.

Nonetheless, the legislature has determined that the public does have a right to know

when contamination has impacted or may impact offsite properties or offsite potable water

supply wells and that the right could be better served by adding community relations

requirements . The Agency recognizes its obligation to provide notice pursuant to Section 25d-3

22

---

of the Act and submits this proposal for alternatives in compliance with Sections 25d-7(a) and

25d-3(c) of the Act

.

IV .

AGENCY WITNESSES, SYNOPSIS OF TESTIMONY, OTHER FILING MATTERS

It is currently planned that the Agency will provide as many as seven witnesses in support

of the proposal: Doug Clay, Rick Cobb, Carol Fuller, Gary King, Joyce Munie, Kurt Neibergall,

and Scott Phillips. Rick Cobb, Deputy Manager of the Bureau of Water's Division of Public

Water Supplies, will testify regarding well surveys, groundwater contamination issues, the

integration of community relations activities with BOW sites, and other matters related to the

Agency's recent experiences with groundwater contamination and public notification . Gary

King, Manager of the Bureau of Land's Division of Remediation Management, will testify

regarding the well survey procedures in the Leaking Underground Storage Tank Program and the

Site Remediation Program and the integration of community relations activities with these

programs. Joyce Munie or another representative of the Bureau of Land's Permit Section, will

testify regarding the well survey procedures for permitted facilities such as treatment, storage and

disposal facilities, and the integration of community relations activities with these programs

.

Kurt Neibergall, Manager, Office of Community Relations, will testify regarding community

relations activities, including development of fact sheets, CRPs, and document repositories,

submission and review of community relations documents, implementation of community

relations activities, compliance monitoring, and other matters related to the Agency's recent

experiences with groundwater contamination and public notification . Doug Clay, Carol Fuller,

and Scott Phillips will not present formal testimony, but may answer questions as part of the

panel requested below .

2 3

---

The Agency will submit written testimony in advance of the hearings and respectfully

requests that the Board consider allowing the oral testimony and questioning of the Agency

witnesses in panel form. This suggestion should be more efficient than calling and questioning

each witness individually and will allow more complete responses by Agency witnesses to

certain questions

.

With regard to other documentation required pursuant to 35 Ill . Adm. Code 102.202, this

proposal includes no incorporations by reference, and no published studies or research reports

were used in developing the rules. The rules are not federally required and do not amend existing

Board rules. An electronic version of the proposed rules is included with this filing

.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

24

,41a/f

UX7it

Mark Wight

Assistant Counsel

DATED :

January 20, 2006

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

(217) 782-5544

[THIS FILING IS SUBMITTED ON RECYCLED PAPER]

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE N: RIGHT TO KNOW

CHAPTER I: POLLUTION CONTROL BOARD

PART 1505

STANDARDS AND REQUIREMENTS FOR POTABLE WATER SUPPLY WELL SURVEYS

AND FOR COMMUNITY RELATIONS ACTIVITIES PERFORMED IN CONJUNCTION

WITH AGENCY NOTICES OF THREATS FROM CONTAMINATION

SUBPART A: GENERAL

Section

1505.100

Purpose and Scope

1505.105

Applicability

1505.110

Definitions

1505.115

Severability

SUBPART B: STANDARDS AND REQUIREMENTS FOR POTABLE WATER SUPPLY

WELL SURVEYS

Section

1505.200

Purpose and Scope

1505.205

Applicability

1505.210

Procedures for Potable Water Supply Well Surveys

SUBPART C: STANDARDS AND REQUIREMENTS FOR COMMUNITY RELATIONS

ACTIVITIES

Section

1505.300

Purpose and Scope

1505.305

Applicability

1505.310

Contact Lists and Fact Sheets

1505.315

Community Relations Plans

1505.320

Establishment of Document Repository

1505.325

Submission of Fact Sheets and Community Relations Plans for Review

1505.330

Agency Reviews of Fact Sheets and Community Relations Plans

1505.335

Implementation of Community Relations Plans and Distribution of Fact Sheets

;

Compliance Monitoring and Records Retention

1505.340

Compliance

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

AUTHORITY: Implementing Sections 25d-3(c) and 25d-7(a) and authorized by Section 25d-

7(a) of the Environmental Protection Act [415 ILCS 5/25d-3(c), 5/25d-7(a)]

.

SOURCE: Adopted in at 111. Reg. , effective,

200

NOTE: Italics denote statutory language .

SUBPART A: GENERAL

Section 1505 .100

Purpose and Scope

The purpose of this Part is to set forth in accordance with Section 25d-7 of the Act [415 ILCS

5/25d-7] the minimum procedures for conducting potable water supply well surveys pursuant to

applicable Board rules and for the documentation and reporting of the results of those surveys to

the Agency. In addition, the purpose of this Part is to set forth in accordance with Section 25d-7

of the Act standards and requirements for the performance of community relations activities

when the Agency has authorized the responsible party to provide the notice pursuant to

subsections (a) and (c) of Section 25d-3 of the Act [415 ILCS 5/25d-3(a), 5/25d-3(c)] as part of

the Agency-approved community relations activities . Subsection (a) of Section 25d-3 of the Act

requires that the Agency provide notice under certain specified circumstances while subsection

(c) of Section 25d-3 provides that the Agency may authorize a responsible party who has

implemented community relations activities to provide the notice in place of the Agency . The

standards and requirements in Subpart C of this Part are for community relations activities

performed by those authorized to provide notice in place of the Agency . This Part establishes

the minimum standards and requirements for the performance of the potable water supply well

surveys and the development, review, implementation and distribution of fact sheets and

community relations plans arfd the establishment and maintenance of document repositories

.

Section 1505.105

Applicability

Subparts B and C of this Part contain separate and independent applicability provisions .

Section 1505 .110

Definitions

Except as stated in this Section, or unless a different meaning of a word or term is clear from the

context, the definitions of words or terms in this Part shall be the same as that applied to the

same words or terms in Title I or Title VI-D of the Environmental Protection Act

.

"Act" means the Environmental Protection Act. [415 ILCS 5]

"Agency" is the Illinois Environmental Protection Age

:.cy .

[415 ILCS 5/3 .105]

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

"Board" is the Pollution Control Board. [415 ILCS 5/3.130]

"Community Relations Plan" or "CRP" means a plan containing goals,

milestones, and specific tasks that will accomplish two-way communications

between a party performing a response action and community members who may

be interested in or affected by site contamination or activities at the remediation

site .

"Contaminant" is any solid, liquid or gaseous matter, any odor, or any form of

energy, from whatever source. [415 ILCS 5/3.165]

"Contamination" or "contaminate" when used in connection with groundwater,

means water pollution of such groundwater. [415 ILCS 5/3.170]

"Person" means individual, trust, firm, joint stock company, joint venture,

consortium, commercial entity, corporation (including a government

corporation), partnership, association, state, municipality, commission, political

subdivision of a state, or any interstate body, including the United States

Government and each department, agency and instrumentality of the United

States. [415 ILCS 5/58.2]

"Release" means any spilling, leaking, pumping, pouring, emitting, emptying,

discharging, injecting, escaping, leaching, dumping, or disposing into the

environment, but excludes any release which results in exposure to persons solely

within a workplace, with respect to a claim which such persons may assert

against the employer or such persons; emissions from the engine exhaust of a

motor vehicle, rolling stock, aircraft, vessel, or pipeline pumping station engine ;

release of source, byproduct, or special nuclear material from a nuclear incident,

as those terms are defined in the federal Atomic Energy Act of 1954,

if

such

release is subject to requirements with respect to financial protection established

by the Nuclear Regulatory Commission under Section 170 of such Act; and the

normal application offertilizer. [415 ILCS 5/3 .395]

"Response action" means any action or series of actions taken to address a release

of contaminants or its effects as may be necessary or appropriate to protect human

health or the environment . A response action may include, but is not limited to,

release investigation and characterization, soil remediation, and groundwater

remediation

.

---

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

Section 1505 .115

Severability

If any provision of this Part is adjudged invalid, or if the application to any person or in any

circumstance is adjudged invalid, such invalidity shall not affect the validity of this Part as a

whole or any Subpart, Section, subsection, sentence or clause thereof not adjudged invalid

.

SUBPART B: STANDARDS AND REQUIREMENTS FOR POTABLE WATER SUPPLY

WELL SURVEYS

Section 1505.200

Purpose and Scope

The purpose of this Subpart B is to establish minimum standards and requirements for

performing potable water supply well surveys to ensure that these wells are accurately identified

and located so that impacts and potential impacts to such wells from soil or groundwater

contamination, or both, can be identified . This Subpart B sets forth the procedures persons

subject to this Subpart B shall use to perform potable water supply well surveys and for the

documentation of the results of well surveys in reports to the Agency .

Section 1505 .205

Applicability

a)

Except as provided in subsection (b) of this Section, this Subpart B applies to

persons performing response actions pursuant to applicable Board rules

.

Whenever a response action for soil or groundwater contamination, or both, is

required pursuant to applicable Board rules, the person subject to those rules shall

comply with the standards and requirements of this Subpart B when determining

the existence and location of potable water supply wells . When determining the

existence and location of these wells, the person also shall identify and locate

setback zones and regulated recharge areas associated with the wells

.

1)

This Subpart B does not contain an independent requirement to perform a

potable water supply well survey. If the Board rules on which the response

action is based or Agency interpretations of those rules require the

performance of a well survey as part of the response action, this Subpart B

sets forth the minimum standards and requirements that must be satisfied

when performing that well survey and preparing the documentation for

submission to the Agency. In addition, the submission and review of well

survey documentation and appeals of Agency final determinations

concerning well survey procedures and reporting are subject to the rules

requiring the response action

.

ILLINOIS REGISTER

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

2)

Applicable Board rules requiring potable water supply well surveys as part

of response actions may supersede the requirements of this Subpart B only

to the extent their express provisions are equivalent to or more stringent

than the standards and requirements of this Subpart B

.

b)

Persons performing response actions pursuant to applicable Board rules who

already have initiated the response action for a release as of the effective date of

this Part may be required by the Agency to perform an otherwise required potable

water supply well survey in accordance with this Subpart B if

:

1)

The Agency requires the performance of a well survey in accordance with

the applicable Board rules ; and

2)

The well survey has not been performed as of the effective date of this

Part; or

3)

The well survey has been performed but has not been approved by the

Agency as of the effective date of this Part and the well survey performed

does not satisfy the requirements of this Subpart B

.

c)

Nothing in this Subpart B is intended to prohibit the use of all or some of the

standards and requirements set forth in this Subpart B in other rules or contexts as

authorized by those rules, Board or court orders, or other applicable law .

Section 1505.210

Procedures for Potable Water Supply Well Surveys

a)

When determining the existence and location of potable water supply wells,

persons subject to this Subpart B shall identify all private, semi-private, and non-

community water system wells located at the property where the release occurred

or within 200 feet of the property where the release occurred, all community

water system ("CWS") wells located at the property where the release occurred or

within 2,500 feet of the property where the release occurred, and all setback zones

and regulated recharge areas in which all or any portion of the property where the

release occurred is located

.

b)

Actions taken to identify the wells and associated protected areas shall include,

but not be limited to, the following

:

1)

Contacting the Agency's Division of Public Water Supplies to identify

community water system wells and associated setback zones and regulated

recharge areas

;

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

2)

Using current information from the Illinois State Geological Survey, the

Illinois State Water Survey, and the Illinois Department of Public Health

(or the county or local health department delegated by the Illinois

Department of Public Health to permit potable water supply wells) to

identify potable water supply wells, other than community water system

wells, and their setback zones ; and

3)

Contacting the local public water supply entities to identify properties that

receive potable water from a public water supply

.

c)

In addition to identifying potable water supply wells and associated protected

areas pursuant to subsections (a) and (b) of this Section, persons subject to this

Subpart B shall expand the area of the potable water supply well survey if

measured soil contamination or measured or modeled groundwater contamination

extend beyond a boundary of the property where the release occurred in

concentrations exceeding the remediation objectives of 35 Ill. Adm. Code

742.Appendix B: Tables A, B or E for the groundwater ingestion route or Class I

groundwater quality standards at 35 Ill. Adm. Code 620.410. The extent of

modeled groundwater contamination shall be determined using Equation R26 as

set forth in 35 Ill. Adm. Code 742.Appendix C : Table C where appropriate or

another model or methodology approved by the Agency . If there is no Table E

objective or Class I standard, the objective shall be determined or approved by the

Agency in accordance with 35 Ill. Adm. Code 620.Subpart F. If there is no Table

A or B objective, the objective shall be determined or approved by the Agency

using Equation S 17, as set forth in 35 111 . Admin. Code 742.Appendix C : Table A,

and using the procedures of 35 Ill . Admin. Code 620.Subpart F to determine the

Groundwater Remediation Objective (GW o

b,)

concentration required in 35 Ill

.

Admin. Code 742.Appendix C: Table A, Equation S 18 . At a minimum, the

expanded well survey shall identify the following

:

1)

All private, semi-private, and non-community water system wells located

within 200 feet, and all community water system wells located within

2,500 feet, of the measured extent of soil contamination and the measured

and modeled extent of groundwater contamination exceeding the Part 742

or Part 620 remediation objectives for the groundwater ingestion route ;

and

2)

All setback zones and regulated recharge areas in which any portion of the

measured extent of soil contamination or the measured and modeled extent

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

of groundwater contamination exceeding the Part 742 or Part 620

remediation objectives for the groundwater ingestion route is located

.

d)

The Agency may, based on site-specific circumstances or information collection

deficiencies (e.g ., incomplete, conflicting or imprecise information, information

assembled from unverified sources), require additional investigation to determine

the existence or location of potable water supply wells, setback zones or regulated

recharge areas. The additional investigation may include, but shall not be limited

to, physical well surveys (e.g., interviewing property owners, investigating

individual properties for wellheads, distributing door hangers or other materials

requesting information about the existence of potable wells)

.

e)

Documentation of a potable water supply well survey conducted in accordance

with this Section shall include, but not be limited to, the following

:

1)

One or more maps to a scale clearly showing the following

:

A)

The locations of the community water system wells and other

potable water supply wells identified pursuant to this Section ; and

B)

The location and extent of setback zones and regulated recharge

areas identified pursuant to this Section

.

2)

The maps showing the well locations, setback zones and regulated

recharge areas pursuant to subsection (e)(1) of this Section shall show

those areas in relation to

:

Y

A)

The measured extent of soil contamination exceeding the

remediation objectives of 35 Ill. Adm. Code 742.Appendix B

:

Tables A or B for the soil component of the groundwater ingestion

route, or, if there is no Table A or B objective, the objective

determined or approved by the Agency using Equation S 17, as set

forth in 35 Ill. Admin. Code 742.Appendix C: Table A, and using

the procedures of 35 Ill. Admin. Code 620.Subpart F to determine

the Groundwater Remediation Objective (GW obJ) concentration

required in 35 Ill. Admin. Code 742.Appendix C : Table A,

Equation S18; and

B)

The measured and modeled extent of groundwater contamination

exceeding the remediation objectives of Part 742 or Part 620 for

the groundwater ingestion route .

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

3)

One or more tables listing the applicable setback zones and regulated

recharge areas for each community water system well and other potable

water supply wells identified pursuant to this Section ; and

4)

A narrative that, at a minimum, identifies each entity contacted to identify

potable water supply wells and protected areas pursuant to this Section, the

name and title of each person contacted at each entity, and field

observations, if any, associated with the identification and location of

potable water supply wells

.

SUBPART C: STANDARDS AND REQUIREMENTS FOR COMMUNITY RELATIONS

ACTIVITIES

Section 1505 .300

Purpose and Scope

a)

The purpose of this Subpart C is to establish the minimum standards and

requirements for the development and implementation of community relations

activities in accordance with Section 25d-7 of the Act when the Agency has

authorized the responsible party to provide the notice pursuant to subsections (a)

and (c) of Section 25d-3 of the Act as part of the Agency-approved community

relations activities. In addition, it is the purpose of this Part to ensure that these

community relations activities fully inform communities and individuals in a

timely manner about offsite impacts or potential impacts from soil or groundwater

contamination or both and the responses to such impacts . This Subpart C contains

requirements for the content, submission for review, distribution and

implementation of fact sheets and Community Relations Plans, and the

establishment and maintenance of document repositories

.

b)

Subpart C not a limitation

:

1)

This Subpart C establishes minimum requirements for community

relations activities when such activities are to be performed in place of a

notice by the Agency in accordance with subsection (a) of Section 25d-3

of the Act. Nothing in this Subpart C is intended to prohibit or prevent a

person from implementing other community relations activities sooner

than required by this Subpart or under circumstances in addition to those

described in this Subpart . The Agency may recommend that community

relations activities be performed at other times and under other

circumstances and may offer assistance with development and

implementation of such activities where resources permit

.

---

Section 1505 .305

Applicability

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

2)

Nothing in this Subpart C is intended to limit in any way the Agency's

authority to provide independent notice of threats of exposure to the public

from soil or groundwater contamination, or both, in accordance with Title

VI-D of the Act [415 ILCS 5/25d-1 - 25d-10] and implementing rules or

under any other authority .

a)

Whenever the Agency determines that it must provide notice pursuant to

subsection (a) of Section 25d-3 of the Act, the Agency may authorize the

responsible party to provide the notice as part of the Agency-approved community

relations activities developed and implemented in accordance with this Subpart C

.

b)

Nothing in this Subpart C requires the development and implementation of

community relations activities in accordance with this Subpart unless

:

1)

The Agency notifies the responsible party in writing that a notice must be

issued under subsection (a) of Section 25d-3 of the Act ;

2)

As a part of the written notice to the responsible party, the Agency offers

the responsible party the opportunity to provide the notice in lieu of the

Agency issuing the notice; and

3)

The responsible party accepts the Agency's offer and notifies the Agency

in writing within seven days of receipt of the Agency's offer (unless a

longer period of time is provided in the Agency's notice letter) that it

intends to provide the notice as part of the community relations activities

developed and implemented in accordance with Subpart C of this Part in

lieu of the Agency providing the notice

.

c)

Nothing in this Subpart C is intended to prohibit the use of all or some of the

standards and requirements set forth in this Subpart C in other rules or contexts as

authorized by those rules, Board or court orders, or other applicable law

.

Section 1505 .310

Contact Lists and Fact Sheets

a)

Persons authorized by the Agency to provide notice pursuant to subsections (a)

and (c) of Section 25d-3 of the Act as part of community relations activities shall

comply with community relations requirements in subsection (b) of this Section if :

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

1)

Soil or groundwater contamination or both from the site where the release

occurred pose a threat above the Class I groundwater quality standards at

35 111. Adm. Code 620 at five or fewer offsite private, semi-private or

non-community water system wells ; or

2)

Offsite soil contamination from the site where the release occurred poses

a threat of exposure to the public above the appropriate Tier 1 remediation

objectives for the current use(s) at five or fewer offsite properties

.

b)

The person authorized to provide notice as part of community relations activities

and satisfying the requirements of subsection (a) of this Section shall develop a

contact list and develop and distribute a fact sheet in accordance with this

subsection (b)

.

1)

The person shall prepare a contact list including, but not limited to, the

following affected, potentially affected or interested persons, as applicable :

A)

Owners and occupants of properties served by private, semi-

private or non-community water system wells that have been or

may be impacted by groundwater contamination from the release

;

B)

Owners and occupants of offsite properties with soil contamination

posing a threat of exposure above the appropriate Tier 1

remediation objectives for the current use(s)

;

C)

Owners of properties without potable water supply wells but with

groundwater that has been or may be impacted by groundwater

contamination from the release; and

D)

Officials of each unit of government serving the affected

properties, including state and federal legislators, county board

chairs and county clerks, township supervisors, and mayor or

village presidents and city or village clerks . Officials of

specialized districts (e.g., school, drainage, park districts) may be

excluded from the contact list unless required pursuant to

subsections (b)(1)(A), (b)(1)(B) or (b)(1)(C) of this Section

.

2)

The person shall develop a fact sheet for the release and response action .

The fact sheet shall be distributed to the contact list as derived from

subsection (b)(1) of this Section. The fact sheet shall be written clearly

and concisely in non-technical, non-legal terminology. The fact sheet and

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

any required updates, shall contain, at a minimum, the following

information to the extent available :

A)

The nature and extent of the contaminants identified on and off the

site where the release occurred

;

B)

A brief description of the pathways of potential exposure and the

potential adverse public health effects posed by the contaminants

;

C)

A description of any precautionary measures affected or potentially

affected parties should take to avoid or reduce potential public

health impacts, including potable well sampling and analysis

recommendations, as appropriate ;

D)

A non-technical description of the steps that are proposed to

address the contamination including, but not limited to, soil

excavation and treatment, disposal or redistribution, pump-and-

treat, bio-remediation, reliance on engineered barriers or

institutional controls, groundwater monitoring, and so forth

;

The anticipated remediation schedule through completion of the

project, including any operation, maintenance or monitoring

following construction of the remedy

;

F)

The nature of the closure documentation expected from the

Agency (e.g., focused or comprehensive No Further Remediation

("NFR") Letter, permit modification, reliance on engineered

barriers or institutional controls) ;

G)

The date of preparation of the fact sheet, the name of the

representative(s) of the business, site or facility from whom

information and site-related documents may be obtained, and e-

mail address, postal address and telephone number where the

representative(s) can be reached ; and

H)

The name, e-mail address, postal address and telephone number of

the Agency's designated staff person and a statement that

additional information and site-related documents may be available

by contacting the Agency's designated staff person or by filing a

request for site-specific information with the appropriate Agency

---

ILLINOIS REGISTER

Section 1505.315

Community Relations Plan

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

bureau in accordance with the Freedom of Information Act (5

ILCS 140)

.

c)

For information that is not available when a fact sheet is prepared pursuant to

subsection (b)(2) of this Section, the submission of the fact sheet to the Agency

for review shall be accompanied by an explanation of why the information is

unavailable at the time of the submission of the fact sheet and an estimate of when

the missing information will be supplied in a revised fact sheet

.

d)

Fact sheets and contact lists developed in accordance with this Section shall be

updated and redistributed whenever new information is obtained or developed or

circumstances change so that there is a material change to the information

required or provided in the fact sheet (e .g., new data, completion of site

investigation and characterization of the nature and extent of contaminants,

approval of plans or reports, completion of response action activities)

.

a)

Persons authorized by the Agency to provide notice pursuant to subsections (a)

and (c) of the Act as part of community relations activities shall comply with the

community relations requirements in subsection (b) of this Section if :

1)

Soil or groundwater contamination or both from the site where the release

occurred pose a threat above the Class I groundwater quality standards at

35 Ill. Adm. Code 620 at more than five offsite private, semi-private or

non-community water system wells or one or more community water

system wells; or

2)

Offsite soil contamination from the site where the release occurred poses

a threat of exposure to the public above the appropriate Tier 1 remediation

objectives for the current use(s) at more than five offsite properties

.

b)

The person authorized to provide notice as part of community relations activities

and satisfying the requirements of subsection (a) of this Section shall develop and

implement a Community Relations Plan and fact sheet in accordance with this

subsection (b) .

1)

The CRP shall include, but not be limited to, the following elements to the

extent related to the contaminants being addressed in the response action

:

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

A)

Site/Facility Description : The CRP shall provide for the

development a brief overview of the site where the release

occurred including, but not limited to, a description of the business,

site or facility, its current operations, previous land uses and

previous remedial activities ; the nature and extent of known

contamination; and the known or potential threat to public health

and the environment. The overview shall include a map to an

appropriate scale detailing the site location and surrounding area

and showing roads and streets, homes and businesses, and

geographic and other significant features

.

B)

Community Issues and Concerns: The CRP shall provide for the

development of a brief summary of the demographics of the area

surrounding the site where the release occurred including, but not

limited to, the approximate percentage of non-English speaking

persons among the affected, potentially affected, and interested

parties and their preferred language, key community concerns, and

any preferred methods of communication as learned through

research work, interviews and surveys of a representative sample

of affected, potentially affected and interested parties identified

through the process outlined in subsection (b)(1)(D) of this

Section .

C)

Community Relations Program: The CRP shall describe the

community relations program objectives, action plan and schedule

to keep affected, potentially affected and interested parties apprised

o

f conditions at the site, response actions, and actual or potential

public health impacts. This section also shall explain how the

public will be notified of mailings or meetings . The contact

person(s) and contact information for public inquiries shall be

clearly defined. Additionally, details about the location of, and

access to, the document repository shall be outlined in this section

of the CRP

.

D)

Contact List: The CRP shall outline the process for identifying and

updating a contact list and developing a contact database of

affected, potentially affected, and interested parties including, but

not limited to :

i)

Owners and occupants of properties served by private,

semi-private or non-community water systems that have

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

been or may be impacted by groundwater contamination

from the release ;

ii)

Owners and operators of community water system wells

that have been or may be impacted by groundwater

contamination from the release ;

iii)

Owners of properties without potable water supply wells

but with groundwater that has been or may be impacted by

groundwater contamination from the release

;

iv)

Owners and occupants of offsite properties with soil

contamination posing a threat of exposure above the

appropriate Tier 1 remediation objectives for the current

use(s) ;

v) Local, state and federal officials whose jurisdiction covers

the affected and potentially affected properties including :

mayor or village president, city or village clerk, township

supervisors, county board chair and county clerk, city and

county health department administrator; state and federal

legislators; and

vi)

Citizens, identified groups, organizations or businesses

within a minimum of 1000 feet from the site where the

release occurred that may have an interest in learning about

affected and potentially affected properties (e.g., public and

private school administrator(s), Parent-Teacher Association

(PTA) leader(s) ; day care center, senior center and nursing

home management; neighborhood or homeowner

association or other community leader(s) as identified

;

hospital and clinic management ; and recognized

environmental or citizen advisory groups). If approved by

the Agency, the initial minimum distance of 1000 feet may

be expanded or contracted as the CRP and contact list are

updated based on new information developed during the

response action

.

2)

Along with the development of a CRP in accordance with subsection

(b)(1) of this Section, persons subject to this subsection (b) shall develop

and distribute a fact sheet for the release and response action . The fact

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

sheet shall be distributed to the contact list as derived in subsection

(b)(l)(D) of this Section. The fact sheet shall be written clearly and

concisely in non-technical, non-legal terminology. If a significant portion

of the population surrounding the site where the release occurred is non-

English speaking, the fact sheet shall be produced and distributed in both

English and the other predominant language . The fact sheet and any

required updates shall contain, at a minimum, the following information to

the extent available :

A)

The nature and extent of the contaminants identified on-site and

offsite of the site where the release occurred

;

B)

A brief description of the pathways of potential exposure and the

potential adverse public health effects posed by the contaminants

;

C)

A description of any precautionary measures affected or potentially

affected parties should take to avoid or reduce potential public

health impacts, including potable well sampling recommendations,

as appropriate ;

D)

A non-technical description of the steps that are proposed to

address the contamination including, but not limited to, soil

excavation and treatment, disposal or redistribution, pump-and-

treat, bio-remediation, reliance on engineered barriers or

institutional controls, groundwater monitoring, and so forth

;

E)

tThe anticipated remediation schedule through completion of the

project, including any operation, maintenance or monitoring

following construction of the remedy ;

F)

The nature of the closure documentation expected from the Agency

(e.g., focused or comprehensive NFR Letter, permit modification,

reliance on engineered barriers or institutional controls) ;

G)

Responses to key community concerns as expressed by affected,

potentially affected and interested parties

;

H)

The World Wide Web address of the Document Repository

established pursuant to Section 1505 .315 of this Part and the

address and hours of the document repository established at a

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

physical location, if also required pursuant to Section 1505.315 of

this Part ;

I)

The date of preparation of the fact sheet, the name of the

representative(s) of the business, site or facility from whom

information and copies of repository and other site-related

documents may be obtained, and e-mail address, postal address and

telephone number where the representative(s) can be reached ; and

J)

The name, e-mail address, postal address and telephone number of

the Agency's designated staff person and a statement that additional

information and site-related documents may be available by

contacting the Agency's designated staff person or by filing a

request for site-specific information with the appropriate Agency

bureau in accordance with the Freedom of Information Act (5 ILCS

140) .

c)

For information that is not available when a fact sheet is prepared pursuant to

subsection (b)(2) of this Section, the submission of the fact sheet to the Agency

for review shall be accompanied by an explanation of why the infom-iation is

unavailable at the time of the submission of the fact sheet and an estimate of when

the missing information will be supplied in a revised fact sheet

.

d)

Updates :

I)

Fact sheets developed in accordance with subsection (b)(2) of this Section

shall be updated and redistributed whenever new information is pbtained

or developed or circumstances change so that there is a material change to

the information required or provided in the fact sheet

(e.g., new data,

completion of site investigation and characterization of the nature and

extent of contaminants, approval of plans or reports, completion of

response action activities)

.

2)

The CRP including, but not limited to, the contact list shall be reviewed on

a regular basis and updated, as necessary, to ensure that timely and

accurate information is provided to affected, potentially affected and

interested parties and communities about releases of contaminants with

actual or potential impacts to offsite wells . A current version of the

publicly available CRP shall be kept in the document repository described

in Section 1505 .320 .

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

Section 1505 .320

Establishment of Document Repository

Persons developing a CRP pursuant to Section 1505 .315 of this Part also shall establish a

document repository for the purpose of displaying documents and providing copies of those

documents. The document repository shall be established at a World Wide Web site unless the

person performing the response action or the Agency receives a request for a document

repository at a physical location from an affected, potentially affected, or interested party or

organization (e.g., citizen, neighborhood group or civic organization) or from a local government

official or administrator . If such a request is received, the document repository shall be

established at both a World Wide Web site and a physical location

.

a)

The document repository shall include the Community Relations Plan, all public

notices (e.g., proof of publication for newspaper or other published notices,

letters, door hangers, or other forms of public notification), all fact sheets, all

applications, plans and reports submitted to the Agency for review and approval

and subsequent Agency comment packages, and all final determinations by the

Agency, such as a No Further Remediation Letter, permit modification, or other

project completion documentation

.

1)

The person shall update the repository promptly and continuously as fact

sheets, plans, reports, comment packages and Agency decisions are

generated throughout the process

.

2)

The documents shall be created, organized and indexed so that affected,

potentially affected, or interested persons can identify, locate and

download documents of interest .

3)

The repository shall include the business, site or facility representative's e-

mail, postal address and telephone number where inquiries can be directed

and persons can request copies of repository documents and other site-

related documents by mail

.

b)

Repositories at World Wide Web sites

:

1)

The documents must be in a readily available format for downloading and

printing (e.g, portable document format (.pdf), graphic interchange . format

(.gif), tagged image file format ( .tiff); joint photographic group format

(.jpgf)) with links to web sites where software to view and print the

documents may be downloaded .

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

2)

Documents that cannot be converted to a readily available format for

downloading and printing must be described in the document index,

identified as available upon request, and made available in accordance

with subsection (a)(3) of this Section

.

c)

Repositories at physical locations

:

1)

Repositories established at physical locations shall be established no later

than ten business days after receipt of a request for a repository at a

physical location or receipt of the Agency's notification that a request has

been made to the Agency, whichever is earlier .

2)

Repositories established at a physical location shall be at a public location

(e.g., public library, city hall) and open to the public at times convenient to

affected, potentially affected, or interested persons .

d)

Information deemed trade secrets or non-disclosable in accordance with Board

procedures at 35 Ill. Adm. Code 130 or Agency procedures at 2 Ill. Adm. Code

1828 may be redacted or excluded from the repository consistent with the

requirement for providing the public all documents that have not been deemed

confidential. Information to be added to the document repository also shall be

screened to ensure that personal information identifying affected, potentially

affected, or interested persons or their exact property locations are not disclosed

.

e)

The document repository may be discontinued no less than 180 days after the

recording of the NFR Letter or the issuance of other project completion

documentation by the Agency (e .g ., permit modification, closure letter, :`4(y)

letter" [415 ILCS 5/4(y)])

.

Section 1505.325

Submission of Fact Sheets and Community Relations Plans for Review

a)

Except as provided in subsections (b) or (d) of this Section, persons accepting the

Agency's offer to provide notice pursuant to subsections (a) and (c) of Section

25d-3 of the Act as part of community relations activities shall, within 30 days of

the date of their acceptance

:

1)

Submit to the Agency a fact sheet and contact list satisfying subsection (b)

of Section 1505 .3 10 of this Part or a CRP, fact sheet and contact list

satisfying the requirements of subsection (b) of Section 1505 .315 of this

Part; and

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

2)

Establish a web site document repository if required in accordance with

Section 1505 .320 of this Part .

b)

Updates of CRPs, fact sheets or both and updates of contact lists prepared

pursuant to subsection (d) of Section 1505 .310 or subsection (d) of Section

1505.315 of this Part also shall be submitted for Agency review in accordance

with subsection (a) of this Section except that the updates shall be submitted to

the Agency within ten days of preparing the revised CRP or developing or

obtaining new information that would materially change the information required

or provided in the fact sheet .

c)

If authorized by the Agency, CRPs or fact sheets may be filed in specified

electronic formats

.

Section 1505 .330

Agency Reviews of Fact Sheets and Community Relations Plans

a)

The Agency shall have 30 days from receipt of a fact sheet, CRP, or updates of

such documents to conduct a review and approve or disapprove of the CRP or fact

sheet or approve of the CRP or fact sheet with conditions or modifications . All

reviews shall be based on the standards for review set forth in subsection (b) of

this Section .

1)

The Agency's record of the date of receipt of a fact sheet or CRP shall be

deemed conclusive unless a contrary date is proved by a signed, dated

receipt from the Agency or certified mail or registered mail

.

2)

Persons subject to this Subpart C may waive the time period for-review

upon a request from the Agency or at the person's discretion

.

b)

When reviewing a fact sheet or CRP, the Agency shall consider

:

1)

Whether the CRP contains the elements required by subsection (b) of

Section 1505 .315 of this Part ;

2)

Whether the fact sheet contains the elements required by subsection (b) of

Section 1505 .310 of this Part or subsection (b) of Section 1505 .315 of this

Part including, but not limited to, any explanation of why specified

information is unavailable at the time of the submission of the fact sheet

and an estimate of when the missing information will be supplied in a

revised fact sheet ;

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

3)

Whether the information in the fact sheet and CRP is consistent with the

information contained in the Agency's records and any field observations

;

and

4)

Whether the persons subject to this Subpart C have clearly defined

:

A)

Persons required to be included in the contact list for fact sheets in

accordance with subsection (b) of Section 1505 .310 of this Part or

subsection (b) of Section 1505 .315 of this Part; or

B)

The demographics of nearby populations that may be affected by

or concerned about site activities for purposes of notification under

the CRP including, but not limited to, residences, businesses, day

care centers, schools, nursing homes, hospitals and clinics

.

c)

Upon completion of the review, the Agency shall notify the submitter in writing

whether the fact sheet or CRP and accompanying fact sheet are approved,

approved with conditions or modifications, or disapproved. The notification shall

be made by certified or registered mail postmarked with a date stamp and with

return receipt requested . If the Agency disapproves a fact sheet or CRP, or

approves a fact sheet or CRP with conditions or modifications, the notification

shall contain the following information, as applicable

:

I)

An explanation of the specific information or documentation, if any, that

the Agency determines the submitter did not provide or is inconsistent

with the information contained in the Agency's records and any field

observations ;

2)

A list of the provisions of this Part that may be violated if the fact sheet or

CRP is approved as submitted ;

3)

A statement of the reasons why the provisions cited in subsection (c)(2) of

this Section may be violated if the fact sheet or CRP is approved as

submitted; and

4)

An explanation of the reasons for conditions or modifications if conditions

or modifications are required .

d)

If the Agency disapproves of a fact sheet or CRP or approves of a fact sheet or

CRP with conditions or modifications, the submitter shall submit a revised fact

sheet, CRP, or both to the Agency within ten days of receiving the Agency's

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

denial. If the revised fact sheet, CRP, or both are not received by the Agency

within ten days, or if a revised fact sheet or CRP are not approved on the second

Agency review, the Agency, in addition to any other remedies that may be

available, may provide notice to the public and seek cost recovery from the

submitter pursuant to Title VI-D of the Act, pursue an enforcement action against

the submitter for failure to develop and implement an Agency-approved fact

sheet, CRP, or both. In addition to any other defenses that may be available to the

submitter, it shall be a defense to an Agency action to obtain cost recovery for

notification or for an alleged violation of the requirement to develop and

implement an Agency-approved fact sheet or CRP that the fact sheet or CRP

submitted to the Agency and rejected satisfies the requirements for such

documents as set forth in Sections 1505 .3 10 and 1505 .315 of this Part. This

provision does not limit the use of this defense in other circumstances where

appropriate .

e)

The Agency may, to the extent consistent with review deadlines, provide the

submitter with a reasonable opportunity to correct deficiencies prior to sending a

disapproval of a fact sheet or CRP or an approval with conditions or

modifications. However, the correction of such deficiencies by the submission of

additional information may, in the sole discretion of the Agency, restart the time

for review .

If the Agency does not issue its final determination on the fact sheet, CRP, or

updates of such documents within 30 days of the receipt of the document, the

document shall be deemed approved as submitted

.

Section 1505 .335

Implementation of Community Relations Plans and Distribution -of Fact

Sheets; Compliance Monitoring and Records Retention

a)

Implementation of the CRP or distribution of a fact sheet shall begin within five

days of receipt of the Agency's approval of the CRP or the fact sheet or within ten

.

days of the date the document(s) is deemed approved pursuant to subsection (f) of

Section 1505.330 of this Part.

b)

Compliance monitoring :

1)

Persons authorized by the Agency to provide notice pursuant to

subsections (a) and (c) of Section 25d-3 of the Act as part of community

relations activities shall

:

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

A)

Provide to the Agency copies of all public notices (including, but

not limited to, proof of publication for newspaper or other

published notices), news releases, letters, door hangers, or other

forms of public notification ; and

B)

Inform the Agency in writing two weeks in advance of plans to

hold public meetings or press conferences about site activities or

developments .

2)

The Agency may monitor the implementation of approved CRPs, the

distribution of approved fact sheets, and the establishment and

maintenance of document repositories. Steps taken by the Agency to

monitor these activities may include, but shall not be limited to :

A)

Independently contacting affected, potentially affected and

interested persons concerning the type, completeness and

timeliness of information provided under the fact sheet or CRP and

at the document repository ;

B)

Cross-checking documentation received and generated by the

Agency with documentation placed in the document repository

;

C)

Attending scheduled public meetings to monitor presentations and

to lend Agency perspective ; and

D)

Making site visits to verify descriptions of site conditions and

.activities as stated in community relations activities

.

c)

The person authorized by the Agency to provide notice pursuant to subsections (a)

and (c) of Section 25d-3 of the Act as part of community relations activities shall

retain records and documents demonstrating compliance with the requirements of

this Subpart C for at least one year after the recording of the NFR Letter or the

issuance of other project completion documentation by the Agency (e.g ., permit

modification, closure letter, "4(y) letter" [415 ILCS 5/4(y)]) . The retention period

for the records and documents is extended automatically during the course of any

disputes or unresolved enforcement actions regarding the community relations

activities or as requested in writing by the Agency . Records may be preserved

and presented in an electronic format

.

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

Section 1505 .340

Compliance

No person authorized by the Agency to provide notice pursuant to subsections (a) and (c) of

Section 25d-3 of the Act as part of community relations activities shall fail to comply with the

requirements of this Subpart C or the provisions of community relations activities approved by

the Agency .

---

STATE OF ILLINOIS

)

COUNTY OF SANGAMON

PROOF OF SERVICE

I, the undersigned, on oath state that I have served the attached Motion for

Acceptance, Appearances of Attorneys, Statement of Reasons, and the Proposed Rules

upon the persons to whom they are directed, by placing a copy of each 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

(UPS-Next Day)

Matt Dunn

Environmental Bureau Chief

Office of the Attorney General

James R. Thompson Center

100 W. Randolph, 12` h Floor

Chicago, Illinois 60601

(First Class Mail)

and mailing them from Springfield, Illinois on January 19, 2006, with sufficient postage

affixed as indicated above

.

SUBSCRIBED AND SWORN TO BEFORE ME

This

day of

X(k~~

J

,

2006

.

No ary Public

Bill Richardson

General Counsel

Illinois Dept. of Natural Resources

One Natural Resources Way

Springfield, Illinois 62702-1271

(First Class Mail)

A&

,

OFFICIAL SEAL

BRENDA BOEHNER

:

•.

NOTARY PUBLIC, STATE OF ILLINOIS ~:

MY COMMISSION EXPIRES 11-3.2009

,.

•• .

}.}s

.}p4?4444040ygp4PpST4'

THIS FILING SUBMITTED ON RECYCLED PAPER