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CO-CHAIR :

SEN . MAGGIE CROTTY

CO-CHAIR :

REP

. BRENT HASSERT

EXECUTIVE DIRECTOR :

VICKI THOMAS

b

m :051201

JOINT COMMITTEE 

ILLINOIS 

ON

GENERAL 

ADMINISTRATIVE 

ASSEMBLY

RULES

700 STRATTON BUILDING

SPRINGFIELD, ILLINOIS 62706

2171785-225 .

SEN . J . BRADLEY BURZYNSKI

SEN . JAMES CLAYBORNE

SEN

. STEVE RAUSCHENSERGER

SEN. DAN RUTHERFORD

SEN . IRA SILVERSTEIN

REP. TOM HOLBROOK

REP. DAVID R . LEITCH

REP. LARRY McKEON

REP. DAVID MILLER

REP. ROSEMARY MULLIGAN

RELERCEI

ED

DEC - 

5 20M

MEMORANDUM

TO:

Agency Rules Coordinators

FROM:

JCAR

pollution 

STATE OF 

Control 

ILLINOISBoard

DATE:

12/1/05

RE:

Mark-up of Agency 1 st Notice Submissions

For some time, JCAR has been sending you a hand marked-up copy of 01 (1 

s` Notice) rule text

indicating any changes made prior to Register publication, in addition to the clean copy of the 01 

.

Instead of that hand-marked copy, we will now be enclosing a colored copy produced by the text

comparison program that we use 

. This document will be created by comparing the final copy published

in the Register to the text you submitted to the SOS on disk .

The comparison document may be a little difficult to follow at first . Generally, when the submitted text

and the final text are the same, the text will be black . Differences will be indicated in color 

. However,

colored text does not always mean JCAR published text that differed from your draft 

. For example,

spacing differences may result in highlighting . The method you use to indicate changes on your disk

(i.e., track changes, manual striking and underlining, striking before underlining as opposed to

underlining before striking) may be considered by the program to be differences 

. When JCAR applies

track changes, it is careful to do so in a manner that results in tight punctuation and good word space

after track changes have been run 

. If your agency disk was not as particular, the program will detect

these as differences 

. It will not pick up on differences in bolding or the use of italics . It is completely

befuddled by table format, but usually detects text differences in tables . There are also some quirks as to

how some disks are read by the program ; i.e., quote. marks will sometimes read as "A" and "@" and

apostrophes as equal signs 

. You will soon be able to quickly discern which highlighted portions are

relevant

The area in which we have found this program to be very reliable is that, if the text is black, you can be

assured the 2 texts are identical . The program points out too many irrelevant differences, but does not

seem to overlook differences .

If you have any trouble following the attached comparison document, your JCAR Staff contact can

probably advise . These documents have been used in our office for the past 3 years 

. We believe that use

of the comparison document will provide a cleaner version for your use and will obviously save some

JCAR Staff time.

TITLE 35 :   

ENVIRONMENTAL PROTECTION

SUBTITLE F :   PUBLIC WATER SUPPLIES

CHAPTER I : POLLUTION CONTROL BOARD

PART 618

MAXIMUM SETBACK ZONES

SUBPART A : GENERAL

Section

618 .100

Purpose and Applicability

C10 .10Z6'I9 

.~05

Definitions

SUBPART B : MARQUETTE HEIGHTS' MAXIMUM SETBACK ZONE

Section

618 .200

Purpose and Applicability

L10 .20Gf18 

.a.

1,000 Foot Maximum Setback Zone Prohibition

Appendi

A : Boundaries of Marquette Heights' Maximum Setback Zone

AUTHORITY : Implementing Section 14 

.3 and authorized by Section 27 of the

Illinois Environmental Protection Act [415 ILCS 5/14 

.3 and 27] .

SOURCE : Adopted in R05-9 at =_3.Q 111 

. Reg .	,  effective

SUBPART A : GENERAL

Section 618 .100

Purpose and Applicability

This Part is established in the interest of securing the public health, safety,

and welfare

; to preserve the quality and quantity of groundwater resources in

order to assure a safe and adequate water supply for present and future

generations 

; and to preserve groundwater resources currently in use and those

aquifers having a potential for future use as a public water supply 

. Pursuant

to the authority of Section 14 

.3(d) of the Illinois Environmental Protection Act

(Act) [415 ILCS 5/14 

.3(d)), the provisions of this Part apply to all properties

located wholly or partially within a maximum setback zone established under

Section 14 

.3(d) of the Act and this 

regulation .

Section 618 .105

Definitions

Unless a different meaning of a word or term is clear from the context, the

definitions of words or terms in this Part are the same as those used in the

Act, the Illinois Groundwater Protection Act [415 ILCS 55J], or 35 Ill 

. Adm 

.

Code 671 .

"Agency" means the Illinois Environmental Protection Agency 

.

"Board" means the Illinois Pollution Control Board 

.

"Facility" means the buildings and all real property contiguous thereto, and the

equipment at a single location used for the conduct of business [430 ILCS

45/3] .

I

I

"New Potential Primary Source" means 

:

a potential primary source which is not in existence or for which construction

has not commenced at its location as of January 1, 1988

; or

a potential primary source which expands laterally beyond the currently

permitted boundary or, if the primary source is not permitted, the boundary in

existence as of January 1, 1988 

; or

a potential primary source which is part of a facility that undergoes major

reconstruction 

. Such reconstruction shall be deemed to have taken place where

the fixed capital cost of the new components constructed within a 2-year period

exceed 50% of the fixed capital cost of a comparable entirely new facility [415

ILCS 5/3 .345] .

"New Potential Route" means 

:

a potential route which is not in existence or for which construction has not

commenced at its location as of January 1,1988 

; or

a potential route which expands laterally beyond the currently permitted

boundary or, if the potential route is not permitted, the boundary in existence

as of January 1, 1988 [415 ILCS 5/3 .3501 .

"New Potential Secondary Source" means :

a potential secondary source which is not in existence or for which construction

has not commenced at its location as of July 1, 1988 

; or

a potential secondary source which expands laterally beyond the currently

permitted boundary or, if the secondary source is not permitted, the boundary in

existence as of July 1, 1988, other than an expansion for handling of livestock

waste or for treating domestic wastewaters 

; or

a potential secondary source which is part of a facility that undergoes major

reconstruction 

. Such reconstruction shall be deemed to have taken place where

the fixed capital cost of the new components constructed within a 2-year period

exceed 50% of the fixed capital cost of a comparable entirely new facility [415

ILCS 5/3 .355] ; and

A new potential secondary source excludes an agrichemical facility that modifies

on-site storage capacity such that the volume of the pesticide storage does not

exceed 125% of the available capacity in existence on April 1, 1990, or the

volume of fertilizer storage does not exceed 150% of the available capacity in

existence on April 1, 1990 

; provided that a written endorsement for an

agrichemical facility permit is in effect under Section 39

.4 of the Act and the

maximum feasible setback is maintained

. This on-site storage capacity includes

mini-bulk pesticides, package agrichemical storage areas, liquid or dry

fertilizers, and liquid or dry pesticides [415 ILCS 5/14 

.2(g)(4)) 

.

"Potential Primary Source" means any unit at a facility or site not currently

subject to a removal or remedial action which 

:

is utilized for the treatment, storage, or disposal of any hazardous or special

waste not generated at the site 

; or

is utilized for the disposal of municipal waste not generated at the site, other

than landscape waste and construction and demolition debris 

; or

is utilized for the landfilling, 

land treating, surface impounding or piling of

any hazardous or special waste that is generated on the site or at other sites

owned, controlled or operated by the same person ; or

stores or accumulates at any time more than 75,000 pounds above ground, or more

than 7,500 pounds below ground, of any hazardous substances [415 ILCS 5/3 .345] .

"Potential route" means abandoned and improperly plugged wells of all kinds,

drainage wells, all injection wells, including closed loop heat pump wells, and

any excavation for the discovery, development or production of stone, sand or

gravel [415 ILCS 5/3 .350] .

"Potential secondary source" means any unit at a facility or a site not

currently subject to a removal or remedial action, other than a potential

primary source, which :

is utilized for the landfilling, land treating, or surface impounding of waste

that is generated on the site or at other sites owned, controlled or operated by

the same person, other than livestock and landscape waste, and construction and

demolition debris ; or

stores or accumulates at any time more than 25,000 but not more than 75,000

pounds above ground, or more than 2,500 but not more than 7,500 pounds below

ground, of any hazardous substances ; or

stores or accumulates at any time more than 25,000 gallons above ground, or more

than 500 gallons below ground, of petroleum, including crude oil or any fraction

thereof which is not otherwise specifically listed or designated as a hazardous

substance ; or

stores or accumulates pesticides, fertilizers, or road oils for purposes of

commercial application or for distribution to retail sales outlets ; or

stores or accumulates at any time more than 50,000 pounds of any de-icing agent 

;

or

is utilized for handling livestock waste or for treating domestic wastewaters

other than private sewage disposal systems as defined in the Private Sewage

Disposal Licensing Act [415 ILCS 5/3 .355] .

"Setback zone" means a geographic area, designated pursuant to the Act,

containing a potable water supply well or a potential source or potential route,

having a continuous boundary, and within which certain prohibitions or

regulations are applicable in order to protect groundwaters [415 ILCS 5/3 .450] .

"Site" means any location, place, tract of land, and facilities, including but

not limited to buildings, and improvements used for purposes subject to

regulation or control by the Act or regulations thereunder [415 ILCS 5/3 .460] .

"Unit" means any device, mechanism, equipment, or area (exclusive of land

utilized only for agricultural production) 

. This term includes secondary

containment structures and their contents at agrichemical facilities [415 ILCS

5/3 .515] .

"Unit boundary" means a line at the land's surface circumscribing the area on

which, above which, or below which waste, pesticides, fertilizers, road oils or

de-icing agents will be placed during the active life of the facility .   The

space taken up by any liner, dike or other barrier designed to contain waste,

pesticides, fertilizer, road oils, or de-icing agents falls within the unit

boundary 

.

SUBPART B : MARQUETTE HEIGHTS' MAXIMUM SETBACK ZONE

Section 618 .200

Purpose and Applicability

a)

This Subpart prescribes maximum setback zone prohibitions and the

applicable technology control regulations that apply under 35 111 . Adm . Code 615

and 616 in the interest of securing the public health, safety, and welfare ; to

preserve the quality and quantity of groundwater resources in order to assure a

safe and adequate water supply for present and future generations ; and to

preserve groundwater resources currently in use and those aquifers having a

potential for future use as a public water supply .

b)

The provisions of this Subpart apply to all properties located wholly or

partially within the maximum setback zone boundaries of Marquette Heights

delineated in Section 618 .Appendix A of this Part :

1)

That are new potential primary sources of groundwater contamination

pursuant to Section 14 .3(d) of the Act ; or

2)   That are existing or new activities regulated under 35 Ill . Adm . Code 615

or 616, excluding agrichemical facilities that affirmatively opt out of 35 111 .

Adm . Code 615 or 616, which are regulated instead under 8 Ill . Adm . Code 257 or

77 Ill . Adm . Code 830 .

Section 618 .205

1,000 Foot Maximum Setback Zone Prohibition

New potential primary sources of groundwater contamination are prohibited from

locating wholly or partially within the Marquette Heights' maximum setback zone

boundaries delineated in Section 618 .Appendix A of this Part .

Section 618 .

A : Boundaries of Marquette Heights' Maximum

Setback Zone

ILLINOI S RECISTDR

POLLUTION CONTROL BOARD

I

NOTICE	OP PROPO SED RULE

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	ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

1)

Heading of the Part : Maximum Setback Zones

2)

3)

Code Citation : 35 Ill. Adm. Code 618

Section Numbers :

618.100

618.105

618 .200

618 .205

618

.APPENDIX A

Proposed Action:

New Section

New Section

New Section

New Section

New Section

1

05

4)

Statutory Authority :   Implementing Section 14 .3 and authorized by Section 27 of the

Illinois Environmental Protection Act [415 ILCS 5/14 

.3 and 27] .

5)

A Complete Description of the Subjects and Issues Involved :   

A more complete

description of this proposal may be found in the Board's opinion and order of November

17, 2005, in Board docket R05-09 

. The Board is proposing a new Part to establish an

expanded setback zone of up to 1,000 feet to provide additional protection for the

community water supply (CWS) wells of the City of Marquette Heights, in Tazewell

County.

This proposal is the first of its kind under Section 14 .3 of the Environmental Protection

Act (Act) (415 ILCS 5/14 

.3 (2004)), which allows for the establishment of "maximum

setback zones" to prevent contamination of particularly vulnerable groundwater sources

used by CWS. A setback zone restricts land use near the CWS well, providing a buffer

between the well and potential sources or routes of contamination 

.

The City of Marquette Heights adopted a resolution on March 22, 2004, requesting that

the Illinois Environmental Protection Agency (Agency) propose a rule to the Board that

would increase the setback zone around the Marquette Heights CWS wells . Marquette

Heights has two CWS wells, both of which are located outside of the city limits of

Marquette Heights in North Pekin, Tazewell County 

. The wells have an estimated

average daily pumpage from the groundwater source of 240,000 gallons per day,

supplying approximately 3,200 persons directly

. Marquette Heights' water system has

approximately 1,064 service connections within the corporate limits and another 56

service connections in an area of anticipated future expansion east of the City 

. Based on

various assessments, including groundwater flow and recharge area modeling, the

Agency concluded that the current minimum setback zones did not adequately protect the

Marquette Heights CWS wells, and that the groundwater source is "highly vulnerable 

."

ILLINOIS REGISTER

2

05

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

The Board found that expanding the zone of wellhead protection is justified, as Section

14 .3(d) of the Act requires .

In proposed Subpart A of Part 618, there are general provisions for maximum setback

zones, including definitions . Subpart A's provisions will apply to all maximum setback

zones established in Illinois through Board rulemaking . Proposed Subpart B of Part 618

contains rules specific to the Marquette Heights CWS wells 

. Section 618 .Appendix A is

a map that delineates the irregularly-shaped boundaries of the proposed maximum

setback zone relative to local land use plats . The distance from each wellhead to the

proposed setback boundaries varies from approximately 600 to 1,000 feet 

. The appendix

also lists identification numbers of parcels that are located wholly or partially within the

proposed maximum setback .

The proposed Subpart B rules also provide that 

: (1) certain activities within the setback

are banned 

; and (2) other activities within the setback are subject to management and

control standards. "New potential primary sources" of groundwater contamination are

prohibited from locating within the Marquette Heights expanded setback 

. Examples of

potential primary sources can include a unit at a facility (1) used to treat, store, or dispose

of any hazardous or special waste not generated at the site, (2) used to dispose of

municipal waste not generated at the site, other than landscape waste and construction

and demolition debris, (3) used to landfill, land treat, surface impound or pile any

hazardous or special waste that is generated on the site or at other sites owned, controlled

or operated by the same person, or (4) that stores or accumulates at any time more than

75,000 pounds above ground, or more than 7,500 pounds below ground, of any hazardous

substances .

Subpart B also specifies that the Board's Part 615 or Part 616 management and control

standards (35 Ill . Adm. Code 615 and 616) apply to those new or existing activities that

are regulated by Part 615 or Part 616 and located wholly or partially within the expanded

Marquette Heights setback

. These activities may include on-site landfills, on-site land

treatment units, on-site surface impoundments, on-site waste piles, underground storage

tanks, pesticide storage and handling units, fertilizer storage and handling units, road oil

storage and handling units, and de-icing agent storage and handling units 

. The proposed

rules make clear, however, that agrichemical facilities that affirmatively opt out of Part

615 or Part 616 are regulated instead under other rules 

. Part 615 (Existing Activities in a

Setback Zone or Regulated Recharge Area) and Part 616 (New Activities in a Setback

Zone or Regulated Recharge Area) contain groundwater monitoring, design, inspection,

operating, closure, and post-closure requirements that apply within setback zones, and so

ILLINOIS REGISTER	 

3

05

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

will apply automatically in the Marquette Heights maximum setback zone on the

effective date of this new Part.

6)

Published studies or reports, and sources of underlying data, used to compose this

rulemaking :

•

Anderson, M .P. and Woessner, W.W., 1992, Applied Groundwater Modeling

Simulation of Flow and Advective Transport : Academic Press, 354 p .

•

Bear, Jacob, 1972, Dynamics of Fluids in Porous Media, New York Dover

Publications, Inc., 727 p

.

•

Berg, R.C. and Kempton J.P., 1987, Stack-unit mapping of geologic materials to a

depth of 15 meters : Illinois State Geological Survey Circular 542, 23 p .

•

Bhagwat S 

.B

. and R 

.C . Berg, 1991, Environmental Benefits Versus the Costs of

Geologic Mapping, Illinois State Geological Survey Circular 159, 40 p .

•

Burch, S.L. and Kelly, D.J., 1993, Peoria-Pekin Regional Groundwater Quality

Assessment 

: Illinois State Water Survey Research Report 124 .

•

Cobb, R.P., Wehrmann, H.A., and R.C

. Berg, January 1995, Guidance Document

for Conducting Groundwater Protection Needs Assessments, Illinois EPA, 100 p 

.

•

Domenico, P .A.       and Schwartz, F.W., 1998, Physical and Chemical

Hydrogeology : New York, NY, John Wiley and Sons Inc ., 506 p .

•

Esling, S.P ., 2000, Graphic Groundwater Version 3 .20

.

•

Fetter, C.W., 1994, Applied Hydrogeology : New York, NY, Macmillan College

Publishing Company, Inc ., 691 p .

•

Freshwater Foundation, 1989, Economic Implications of Groundwater

Contamination to Companies and Cities, 80 p .

•

Hansel, A.K. and Johnson, W.H., 1996, Wedron and Mason Groups :

Lithostratigraphic reclassification of deposits of the Wisconsin Episode, Lake

Michigan Lobe area: Illinois State Geological Survey Bulletin 104, 116 p .

•

Horberg, L . 1950, Groundwater in the Peoria Region, Part 1 - Geology: Illinois

State Geological Survey Bulletin 75 .

•

Illinois Environmental Protection Agency, 1992, The Illinois Wellhead Protection

Program Pursuant to Section 1428 of the Federal Safe Drinking Water Act:

Illinois Environmental Protection Agency, 44 p .

•

Leighton, M.M., Ekblaw, G.E., and Horberg, L., 1948, Physiographic divisions of

Illinois : Illinois State Geological Survey Report of Investigation 129, 19 p 

.

•

Lineback, J ., 1979, Quaternary deposits of Illinois (map) :         Illinois State

Geological Survey, scale 1 :500,000.

ILLINOIS REGISTER

4

05

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

•

Marino, M.A. and Schicht, R.J., 1969, Groundwater Levels and Pumpage in the

Peoria-Pekin Area, Illinois, 1890-1966 : Illinois State Geological Survey Report

of Investigation 61 .

•

McDonald, M 

.G. and Harbaugh, A.W., 

1988, A modular three-dimensional finite-

difference groundwater flow model : U.S. Geological Survey Open File Report

83-875 .

•

McDonald, M.G., Harbaugh, A .W., Orr, B.R., and Ackerman, D .J, 1991, A

method for converting no-flow cells to variable-head cells for the U .S. Geological

Survey modular finite-difference ground-water flow model : U.S. Geological

Survey Open File Report 91-536 .

Morris, D.A. and Johnson, A.I., 1967, Summary of hydrologic and physical

properties of rock and soil materials as analyzed by the Hydrologic Laboratory of

the U.S . Geological Survey 1948-60 : U.S 

. Geological Survey Water Supply

Paper 1839-D, 42 p .

•

Pollock, D.W., 1989, Documentation of Computer Programs to Compute and

Display Pathlines Using Results From the U .S. Geological Survey Modular Three

Dimensional Finite-Difference Groundwater Flow Model 

:

U.S

. Geological

Survey Open File Report 89-381, 188 p .

•

Schicht, R.J., 1965, Groundwater Development in East St . Louis Area, Illinois:

Illinois State Water Survey Report of Investigations 51 .

•

Sloto, R.A

. and Crouse, M 

. Y., 

1996 HYSEP :   A computer program for

streamflow hydrograph separation and analysis : U.S . Geological Survey Water

Resources Investigations Report 96-4040, 46 p .

•

Thornthwaite, C

. W., 

1964, Average climatic water balance data of the continents ;

Part 7 United States : Publications in Climatology, v . 17-3.

•

United States Environmental Protection Agency (U .S 

. EPA), June 1987,

Guidelines for the Delineation of Wellhead Protection Areas, 64 p 

.

•

U

.S

. EPA, May 1988, Model Assessment for Delineating Wellhead Protection

Areas (WHPAs), 211 p .

•

U.S . EPA, March 1996, Benefits and Costs of Prevention 

: Case Studies of

Community Wellhead Protection Volume 1, EPA 813-B-95-005, 62 p .

•

Visocky, A .P . and Sanderson, E. W., 1996, Evaluation of Ground-water Resource

Near Test Holes 5-93 and 9-93 and Sustained Yield of Sankoty Well Field at

Peoria, Illinois : Illinois State Water Survey Contract Report 603 

.

•

Willman, H.B . and Frye, J.C ., 

1970, Pleistocene stratigraphy of Illinois : Illinois

State Geological Survey Bulletin 94, 204 p .

•

Willman, H.B., et al ., 1967, Geologic map of Illinois (map) : Illinois State

Geological Survey, scale 1 :500,000.

ILLINOIS REGISTER	 

5

05

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

•

Willman, H.B., 

et al., 

1975, Handbook of Illinois Stratigraphy

:

Illinois State

Geological Survey Bulletin 95, 261 p .

7)

Will this rulemaking replace emergency rules currently in effect? No

8)

Does this rulemaking contain an automatic repeal date? No

9)

Does this rulemaking contain incorporations by reference? No

10)

Are there any other proposed rulemakings pending on this Part? No

11)

Statement of Statewide Policy Objectives : The proposed amendments do not create or

expand a State mandate as defined in Section 3 of the State Mandates Act [30 ILCS 805] .

12)

Time, Place and Manner in which interested persons may comment on this proposed

rulemaking :   The Board will accept written public comment on this proposal for a period

of 45 days after the date of this publication . Comments should reference Docket R05-09

and be addressed to :

Dorothy M . Gunn, Clerk

Illinois Pollution Control Board

State of Illinois Center, Suite 11-500

100 W. Randolph St .

Chicago, IL 60601

Address all questions to Richard McGill, at 312-814-6983 or email at

mcgillr@ipcb .state.il .us.

Request copies of the Board's opinion and order at 312-814-3620, or download a copy

from the Board's Website at http :\\www.ipcb.state.il.us.

13)

Initial Regulatory Flexibility Analysis :

A)

Types of small businesses, small municipalities, and not-for-profit corporations

affected : 

This rulemaking would impact small businesses, small municipalities,

and not-for-profit corporations only if they wished to engage in activities that are

either prohibited or subject to additional requirements within the Marquette

Heights maximum setback zone boundaries, as delineated in Section

618 .Appendix A of proposed Part 618 . Specifically, small businesses, small

ILLINOIS REGISTER	 6

05

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

municipalities, and not-for-profit corporations would be impacted only if they

wish to place a "new potential primary source" of groundwater contamination

wholly or partially within the Marquette Heights maximum setback zone

boundary, which is prohibited under the proposed rules . They would also be

impacted if they own or operate properties located wholly or partially within the

maximum setback zone boundaries that constitute "existing activities" or "new

activities" regulated under the management and control standards of 35 Ill . Adm.

Code 615 or 616, which excludes agrichemical facilities that affirmatively opt out

of Part 615 or 616 .

B)

Reporting, bookkeeping or other procedures required for compliance: Proposed

Part 618 does not contain specific reporting, bookkeeping or reporting procedures

.

However, certain activities located wholly or partially within the maximum

setback zone will be subject to the management and control standards of Part 615

(Existing Activities in a Setback Zone or Regulated Recharge Area) or Part 616

(New Activities in a Setback Zone or Regulated Recharge Area) . Parts 615 and

616 contain groundwater monitoring, design, inspection, operating, closure, and

post-closure requirements that apply within setback zones 

.

C)

Types of professional skills necessary for compliance :   Compliance with the

proposed rules may require the services of an attorney, certified public

accountant, chemist, and registered professional engineer .

14)

Regulatory Agenda on which this rulemaking was summarized : July 2005

The full text of the Proposed Rulemaking begins on the next page :

Section

12 618.100

13 618.105

TITLE 35 : ENVIRONMENTAL PROTECTION

SUBTITLE F: PUBLIC WATER SUPPLIES

CHAPTER I: POLLUTION CONTROL BOARD

PART 618

MAXIMUM SETBACK ZONES

SUBPART A: GENERAL

Purpose and Applicability

Definitions

SUBPART B 

: MARQUETTE HEIGHTS' MAXIMUM SETBACK ZONE

JCAR350618-0519503r01

Section

618 .200

Purpose and Applicability

618 .205

1,000 Foot Maximum Setback Zone Prohibition

618 .APPENDIX A : Boundaries of Marquette Heights' Maximum Setback Zone

AUTHORITY : Implementing Section 14.3 

and authorized by Section 27 of the Illinois

Environmental Protection Act [415 ILCS 5/14.3 and 27] .

SOURCE : Adopted in R05-9 at 30 Ill . Reg.	, effective

Section 618 .100 Purpose and Applicability

Section 618 

.105 Definitions

SUBPART A: GENERAL

This Part is established in the interest of securing the public health, safety, and welfare

; to

preserve the quality and quantity of groundwater resources in order to assure a safe and adequate

water supply for present and future generations 

; and to preserve groundwater resources currently

in use and those aquifers having a potential for future use as a public water supply . Pursuant to

the authority of Section 14 .3(d) of the Illinois Environmental Protection Act (Act) [415 ILCS

5/14.3(d)], the provisions of this Part apply to all properties located wholly or partially within a

maximum setback zone established under Section 14 .3(d) of the Act and this Part .

Unless a different meaning of a word or term is clear from the context, the definitions of words

or terms in this Part are the same as those used in the Act, the Illinois Groundwater Protection

Act [415 ILCS 55], or 35111 . Adm. Code 671 

.

JCAR350618-0519503r01

"Agency" means the Illinois Environmental Protection Agency 

.

"Board" means the Illinois Pollution Control Board

.

"Facility" means

the buildings and all real property contiguous thereto, and the

equipment at a single location used for the conduct

ofbusiness [430 ILCS 45/3] 

.

"New Potential Primary Source" means :

a potential primary source which is not in existence or for which

construction has not commenced at its location as

ofJanuary 1, 1988; or

a potential primary source which expands laterally beyond the currently

permitted boundary or, if the primary source is not permitted, the

boundary in existence as 

ofJanuary 1, 1988

; or

reconstructiona 

potential primary 

. Such 

source 

reconstruction 

which is partshall 

of

be

a facility 

deemed to 

that 

have 

undergoes 

taken placemajor

where the fixed capital cost 

of

the new components constructed within a 2-

year 

new facilityperiod 

exceed 

[415 ILCS 

50%

5/3

of

.345]

the fixed 

.

capital cost 

ofa comparable entirely

"New Potential Route" means 

:

a potential route which is not in existence or for which construction has

not commenced at its location as of

January 1,1988; or

a potential route which expands laterally beyond the currently permitted

boundary or, if the potential route is not permitted, the boundary in

existence as ofJanuary 1, 1988 

[415 ILCS 5/3 .350] .

"New Potential Secondary Source" means 

:

a potential secondary source which is not in existence or for which

construction has not commenced at its location as 

of July 1, 

1988; or

a potential secondary source which expands laterally beyond the currently

permitted boundary or, if the secondary source is not permitted, the

boundary in existence as of July 

1, 1988, other than an expansion for

handling 

of

livestock waste or for treating domestic wastewaters 

; or

JCAR350618-0519503r01

a potential secondary source which is part of a facility that undergoes

major reconstruction

. Such reconstruction shall be deemed to have taken

place where the fixed capital cost of the new components constructed

within a 2 year period exceed 50% of the fixed capital cost of a

comparable entirely new facility [415 ILCS 5/3 .355] ; and

A new potential secondary source excludes an agrichemical facility that

modifies on-site storage capacity such that the volume of the pesticide

storage does not exceed 125% of the available capacity in existence on

April 1, 1990, or the volume 

offertilizer storage does not exceed 150% of

the available capacity in existence on April 1, 1990 

; provided that a

written endorsement for an agrichemical facility permit is in effect under

Section 39 

.4 of the Act and the maximum feasible setback is maintained 

.

This on-site storage capacity includes mini-bulk pesticides, package

agrichemical storage areas, liquid or dry fertilizers, and liquid or dry

pesticides [415 ILCS 5/14 .2(g)(4)] 

.

"Potential Primary Source" means

any unit at a facility or site not currently

subject to a removal or remedial action which :

is utilizedfor the treatment, storage, or disposal of any hazardous or

special waste not generated at the site ; or

is utilized for the disposal of municipal waste not generated at the site,

other than landscape waste and construction and demolition debris 

; or

is utilized for the landfilling, land treating, surface impounding or piling

of any hazardous or special waste that is generated on the site or at other

sites owned, controlled or operated by the same person ; or

stores or accumulates at any time more than 75, 000 pounds above ground,

or more than 7,500 pounds below ground, of any hazardous substances

[415 ILCS 5/3 .345] .

"Potential route" means 

abandoned and improperly plugged wells of all kinds,

drainage wells, all injection wells, including closed loop heat pump wells, and

any excavation for the discovery, development or production of stone, sand or

gravel 

[415 ILCS 5/3 .350] .

"Potential secondary source" means 

any unit at a facility or a site not currently

subject to a removal or remedial action, other than a potential primary source,

which :

JCAR350618-0519503r01

is utilized for the landfilling, land treating, or surface impounding of

waste that is generated on the site or at other sites owned, controlled or

operated by the same person, other than livestock and landscape waste,

and construction and demolition debris ; or

stores or accumulates at any time more than 25,000 but not more than

75, 000 pounds above ground, or more than 2,500 but not more than 7,500

pounds below ground, of any hazardous substances ; or

stores or accumulates at any time more than 25, 000 gallons above

ground, or more than 500 gallons below ground, ofpetroleum, including

crude oil or any fraction thereof which is not otherwise specifically listed

or designated as a hazardous substance

; or

stores or accumulates pesticides, fertilizers, or road oils for purposes of

commercial application or for distribution to retail sales outlets ; or

stores or accumulates at any time more than 50, 000 pounds of any de-

icing agent; or

is utilized for handling livestock waste or for treating domestic

wastewaters other than private sewage disposal systems as defined in the

Private Sewage Disposal Licensing Act [415 ILCS 5/3 .355] .

"Setback zone" means a geographic area, designated pursuant to the Act,

containing a potable water supply well or a potential source or potential route,

having a continuous boundary, and within which certain prohibitions or

regulations are applicable in order to protect groundwaters [415 ILCS 5/3 .450] .

"Site" means any location, place, tract of land, and facilities, including but not

limited to buildings, and improvements used for purposes subject to regulation or

control by the Act or regulations thereunder [415 ILCS 5/3 

.460] .

"Unit" means any device, mechanism, equipment, or area (exclusive of land

utilized only for agricultural production) . This term includes secondary

containment structures and their contents at agrichemical facilities [415 ILCS

5/3.515].

"Unit boundary" means a line at the land's surface circumscribing the area on

which, above which, or below which waste, pesticides, fertilizers, road oils or de-

icing agents will be placed during the active life of the facility . The space taken

up by any liner, dike or other barrier designed to contain waste, pesticides,

fertilizer, road oils, or de-icing agents falls within the unit boundary .

JCAR350618-0519503r01

172

173

SUBPART B : MARQUETTE HEIGHTS' MAXIMUM SETBACK ZONE

174

175

Section 618.200 Purpose and Applicability

176

177

a)

This Subpart prescribes maximum setback zone prohibitions and the applicable

178

technology control regulations that apply under 35 Ill . Adm . Code 615 and 616 in

179

the interest of securing the public health, safety, and welfare ; to preserve the

180

quality and quantity of groundwater resources in order to assure a safe and

181

adequate water supply for present and future generations; and to preserve

182

groundwater resources currently in use and those aquifers having a potential for

183

future use as a public water supply .

184

185

b)

The provisions of this Subpart apply to all properties located wholly or partially

186

within the maximum setback zone boundaries of Marquette Heights delineated in

187

Section 618 .Appendix A of this Part :

188

189

1)

That are new potential primary sources of groundwater contamination

190

pursuant to Section 14 .3(d) of the Act; or

191

192

2)

That are existing or new activities regulated under 35 Ill . Adm. Code 615

193

or 616, excluding agrichemical facilities that affirmatively opt out of 35

194

Ill. Adm. Code 615 or 616, which are regulated instead under 8 Ill . Adm.

195

Code 257 or 77 Ill . Adm. Code 830 .

196

197 Section 

618.205 1,000 Foot Maximum Setback Zone Prohibition

198

199 New potential primary sources of groundwater contamination are prohibited from locating

200 wholly or partially within the Marquette Heights' maximum setback zone boundaries delineated

201

in Section 618 .Appendix A of this Part .

204

sry

AN=H~-

O H

Z

JCAR350618-0519503r01

202

Section 618 .APPENDIX A 

: Boundaries of Marquette Heights' Maximum Setback Zone

203

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