Microsoft Word - NOF R06-023 Pre-Filed Testimony DKH.doc

Testimony of Deirdre K. Hirner
I. APPLICABILITY OF PROPOSED 35 ILL. ADMIN. CODE PART 1505
II. SUBPART B: POTABLE WATER WELL SURVEYS
III. SUBPART C: COMMUNITY RIGHT TO KNOW ACTIVITIES
A. “Owners” & “Occupants”
C. Document Repository
D. Fact Sheet and CRP: Closure Plan Documentation

THIS FILING SUBMITTED ON RECYCLED PAPER

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF: )

)

STANDARDS AND REQUIREMENTS ) R06-23

FOR POTABLE WATER WELL ) (Rulemaking – Public Water)

SURVEYS AND FOR COMMUNITY )

RELATIONS ACTIVITIES )

PERFORMED IN CONJUNCTION )

WITH AGENCY NOTICES OF )

THREATS FROM CONTAMINATION )

UNDER PA 94-134: NEW PART 35 )

ILL. ADM. CODE 1505 )

NOTICE OF FILING

TO: Ms. Dorothy M. Gunn Amy Antoniolli, Esq.

Clerk of the Board Illinois Pollution Control Board

Illinois Pollution Control Board James R. Thompson Center

100 West Randolph Street

Suite 11-500 Suite 11-500

Chicago, Illinois 60601 Chicago, Illinois 60601

(VIA ELECTRONIC MAIL) (VIA FIRST CLASS MAIL)

(SEE PERSONS ON ATTACHED SERVICE LIST)

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

the Illinois Pollution Control Board a

PRE-FILED TESTIMONY OF DEIRDRE K.

HIRNER

on behalf of the Illinois Environmental Regulatory Group, a copy of which is

herewith served upon you.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL

REGULATORY GROUP,

By: /s/ Katherine D. Hodge

One of Its Attorneys

Dated: March 14, 2006

Katherine D. Hodge

Monica T. Rios

HODGE DWYER ZEMAN

3150 Roland Avenue

Post Office Box 5776

Springfield, Illinois 62705-5776

(217) 523-4900

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 14, 2006

CERTIFICATE OF SERVICE

I, Katherine D. Hodge, the undersigned, hereby certify that I have served the

attached

PRE-FILED TESTIMONY OF DEIRDRE K. HIRNER

upon:

Ms. Dorothy M. Gunn

Clerk of the Board

Illinois Pollution Control Board

100 West Randolph Street

Suite 11-500

Chicago, Illinois 60601

via electronic mail on March 14, 2006; and upon:

Amy Antoniolli, Esq. Mark Wright, Esq.

Illinois Pollution Control Board Assistant Counsel

James R. Thompson Center Illinois Environmental Protection Agency

100 West Randolph Street 1021 North Grand Avenue East

Suite 11-500 Post Office Box 19276

Chicago, Illinois 60601 Springfield, Illinois 62794-9276

Kimberly A. Geving, Esq. Stefanie N. Diers, Esq.

Assistant Counsel

Illinois Environmental Protection Agency

1021 North Grand Avenue East 1021 North Grand Avenue East

Post Office Box 19276 Post Office Box 19276

William G. Dickett, Esq. Kenneth W. Liss, L.P.G.

Sidley Austin, LLP Andrews

Environmental Engineering, Inc.

One South Dearborn 3535 Mayflower Boulevard

Suite 2800 Springfield, Illinois 62707

Chicago, Illinois 60603

Mr. Eric Portz Mr. Jerry Dalsin

Illinois Department of Public Health

Division of Environmental Health

525 West Jefferson Street

Springfield, Illinois 62761

by depositing said documents in the United States Mail, postage prepaid, in Springfield,

Illinois, on March 14, 2006.

/s/ Katherine D. Hodge

Katherine D. Hodge

IERG:001/R Dockets/Fil/COS – R06-023 Pre-Filed Testimony of DKH

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 14, 2006

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF: )

)

STANDARDS AND REQUIREMENTS ) R06-023

FOR POTABLE WATER WELL ) (Rulemaking – Public Water)

SURVEYS AND FOR COMMUNITY )

RELATIONS ACTIVITIES )

PERFORMED IN CONJUNCTION )

WITH AGENCY NOTICES OF )

THREATS FROM CONTAMINATION )

UNDER PA 94-134: NEW PART 35 )

ILL. ADM. CODE 1505 )

PRE-FILED TESTIMONY OF DEIRDRE K. HIRNER

NOW COMES the Illinois Environmental Regulatory Group (“IERG”), by and

through its attorneys, HODGE DWYER ZEMAN, and submits the following Pre-Filed

Testimony of Deirdre K. Hirner for presentation at the March 28, 2006, hearing

scheduled in the above-referenced matter:

Testimony of Deirdre K. Hirner

Good Morning. My name is Deirdre K. Hirner, and I am the Executive Director

of the Illinois Environmental Regulatory Group. IERG is a non-profit Illinois

corporation comprised of member companies engaged in industry, commerce,

manufacturing, agriculture, trade, transportation or other related activities, and which

persons, entities or businesses are regulated by governmental agencies that promulgate,

administer or enforce environmental laws, regulations, rules or policies. IERG was

organized to promote and advance the interests of its members before governmental

agencies, such as the Illinois Environmental Protection Agency (the “Agency”), and

before the Illinois Pollution Control Board (“Board”). On behalf of IERG and its

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 14, 2006

member companies, I want to thank the Board for the opportunity to present this

testimony today.

IERG has had the opportunity to review the initial and subsequent drafts of the

proposed regulations and has attended outreach meetings, which provided the opportunity

to question the Agency and comment on the proposed regulations. Since the circulation

of the initial outreach draft, the Agency and representatives of the regulated community

have met to discuss the development of the proposed regulations. IERG appreciates the

revisions to the proposed regulations based on concerns and suggestions. IERG

understands that the Agency will file an Errata Sheet incorporating revisions resulting

from the outreach meetings. IERG has had the opportunity to review the Errata and

believes that the proposed regulations, as now stated in the Errata provided to IERG,

comply with the statutory requirements, are responsive to the regulated community’s

comments, and will benefit the public when there has been an applicable release.

It is the Agency’s proposal, as presented in its Errata Sheet, to which this

testimony speaks and for which IERG offers its support. The proposed regulations will

codify notification requirements and community relations activities as required by the

Right-to-Know (“RTK”) legislation, and it will also set minimum uniform standards for

conducting potable water well surveys. There are a few minor issues, however, that I

would like to address in the appropriate sections below.

I. APPLICABILITY OF PROPOSED 35 ILL. ADMIN. CODE PART 1505

On July 25, 2005, the Illinois General Assembly passed Public Act 94-314, which

established the new Title VI-D of the Environmental Protection Act (“Act”) known as the

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 14, 2006

Right-to-Know. The RTK provisions mandate that the public be notified “whenever [the

Agency] determines the extent of soil or groundwater contamination may extend beyond

the boundary of the site where the release occurred.” 415 ILCS 5/25d-2. The new

provisions also require the Agency to adopt procedures for conducting potable well

surveys and community relations requirements that will be implemented when there is a

threat of contamination to offsite properties.

IERG understands that the proposed requirements of Part 1505 are only triggered

when the Agency “determines that the extent of soil or groundwater contamination may

extend beyond the boundary of the site where the release occurred.” 415 ILCS 25d-2.

More specifically, the threat to soil or groundwater beyond the site where the release

occurred must pose a threat above Tier 1 remediation objectives based on the use of the

offsite properties.

Id.

Our understanding is that the proposed regulations do not have

any impact on, and are not applicable to, a release until a contaminant migrates off-site.

At that time, the notification procedures of Subpart C are implemented. IERG further

understands the potable water well survey requirements only apply to response actions in

instances where the subject site is enrolled in a program that is governed by Board

promulgated rules.

II. SUBPART B: POTABLE WATER WELL SURVEYS

IERG supports the potable water well survey requirements as described in

Subpart B of the proposed regulations. Subpart B provides uniform minimum

requirements for conducting potable water well surveys. Uniform requirements not only

guarantee certainty, but also produce standardized surveys.

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 14, 2006

III. SUBPART C: COMMUNITY

RIGHT TO KNOW ACTIVITIES

IERG generally supports the requirements and procedures as described in Subpart

C. As mentioned earlier, the Agency’s proposal has been revised to reflect the regulated

community’s concerns with various provisions. However, there are a few minor issues I

would like to raise on behalf of the regulated community.

A. “Owners” & “Occupants”

The initial draft of the proposed regulations provides that the contact list required

by Sections 1505.310 and 1505.315 include contact information for both owners and

occupants of properties, where contamination poses a threat.

See In the Matter of:

Standards and Requirements for Potable Water Well Surveys and for Community

Relations Activities Performed in Conjunction with Agency Notices of Threats from

Contamination Under PA 94-134: New 35 Ill. Adm. Code Part 1505,

PCB No. R06-023

(Jan. 20, 2006). The law, however, requires only that owners be notified. 415 ILCS

5/25d-3(a)(1), (a)(2)(A). The Agency has revised these sections to only require that

occupants of identified properties be included to the “extent reasonably practical.” Errata

Sheet, 35 Ill. Admin. Code §§ 1505.310(b), 1505.315(b);

see

attached Agency provided

Errata Sheet (Mar. 10, 2006). However, in the Model Community Relations Plan in

Appendix A of the proposed regulations, paragraph 4 indicates that the Community

Relations Plan (“CRP”) must include a contact list with information of owners and

occupants of the properties threatened with contamination. Errata Sheet, Appendix A ¶

see

attached Agency provided Errata Sheet (Mar. 10, 2006). The Agency should revise

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 14, 2006

Appendix A to make it consistent with the proposed regulations by only requiring a

listing of “occupants” to the extent reasonably possible.

B. Definition of

“

Responsible Party”

Subpart C of the proposed regulations provides that the “Agency may authorize

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

relations activities developed and implemented in accordance with Subpart C.” 35 Ill.

Admin. Code § 1505.305(a). Subpart C repeatedly references the “responsible party;”

however, the term is never defined in the proposed regulations. This could pose a

problem for parties enrolled in the Site Remediation Program, where often the person

undertaking the work at the site is not a responsible party as legally defined. The

proposed regulations state:

“Person performing the response action” means the person(s) taking responsibility

for addressing a release by authorizing or approving the performance of a

response action (e.g., Leaking Underground Storage Tank Program owner or

operator, Site Remediation Program Remediation Applicant, permittees). The

phrase does not include persons who have been hired or authorized to perform the

response action by the person taking responsibility for the release or persons with

whom the person taking responsibility for the release has contracted or

subcontracted to perform the response action.

Errata Sheet, 35 Ill. Admin. Code § 1505.110;

see

attached Agency provided Errata Sheet

(Mar. 10, 2006). In order to maintain consistency in the regulations, the Agency should

consider revising the definition.

C. Document Repository

Section 1501.320 requires that persons who develop a CRP must also establish a

document repository at a World Wide Web site.

See

35 Ill. Admin. Code § 1505.320. A

physical repository of all the documents associated with the response action is only

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 14, 2006

required if requested by the public.

Id.

IERG suggests that the Agency revise this

section to allow parties establishing document repositories to choose the location most

appropriate to the population served. In some circumstances, establishing and

maintaining a World Wide Web site may best serve the public. In others, a physical

repository may be more appropriate.

D. Fact Sheet and CRP: Closure Plan Documentation

Sections 1505.310(b)(2)(F) and 1505.315(b)(2)(F) of the Agency’s proposed

regulations require the CRP and fact sheet to discuss the nature of expected closure

documentation.

See

35 Ill. Admin. Code §§ 1505.310(b)(2)(F), 1505.315(b)(2)(F). At the

time the CRP and fact sheet are compiled, it will likely be difficult for the parties to know

specifically the end result of the corrective action. This information is not necessary to

satisfy the statutory RTK requirements and requiring such information could cause a

delay in publishing and distributing the necessary information.

The proposed regulations do provide that information not initially available can

supplement a subsequent or updated fact sheet or CRP; however, if the closure

documentation information is not submitted with the initial fact sheet or CRP, it must be

accompanied by an explanation of why the information was not included. Subsequent

fact sheets and the CRP must 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. . . .” 735 Ill. Admin. Code. §

1505.310(d). IERG suggests the proposed regulations clearly recognize that the closure

documentation required by Sections 1505.310(b)(2)(F) and 1505.315(b)(2)(F) is

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 14, 2006

supplemental information that will not likely appear in the initial versions of the fact

sheet or CRP.

IV. CONCLUSION

IERG

generally supports the Agency’s proposed rulemaking. We have

appreciated the opportunity to attend outreach meetings, provide comments, and review

early drafts of the proposed regulations. IERG respectfully requests the Board to

consider our suggestion regarding the few minor issues raised as apply to the terms of the

proposed regulations. Thank you for the opportunity to participate. I will be pleased to

respond to questions.

* * *

IERG reserves the right to supplement or modify this pre-filed testimony.

Respectfully submitted,

By: /s/ Katherine D. Hodge

One of its Attorneys

Dated: March 14, 2006

Katherine D. Hodge

Monica T. Rios

HODGE DWYER ZEMAN

3150 Roland Avenue

Post Office Box 5776

Springfield, Illinois 62705-5776

(217) 523-4900

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 14, 2006

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF: )

)

STANDARDS AND REQUIREMENTS )

FOR POTABLE WATER WELL ) R06-023

SURVEYS AND FOR COMMUNITY )

(Rulemaking – Public Water)

RELATIONS ACTIVITIES PERFORMED )

IN CONJUNCTION WITH AGENCY )

NOTICES OF THREATS FROM )

CONTAMINATION UNDER P.A. 94-134 )

)

NEW PART 35 ILL. ADM. CODE 1505 )

AGENCY’S ERRATA SHEET NUMBER 1

THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY (Agency )

submits this ERRATA SHEET NUMBER 1 for the above-titled matter to the Illinois

Pollution Control Board (Board). The revisions proposed below are to the Agency’s

original proposal filed with the Board on January 20, 2006. They have been developed as

a result of the Agency’s continuing efforts to refine its original proposal and in response

to additional outreach meetings with interested and affected persons. The proposed

revisions are as follows:

Section 1505.110:

“Community relations plan 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.

“Person performing a response action” means the person(s) taking responsibility

for addressing a release by authorizing or approving the performance of a

response action (e.g., Leaking Underground Storage Tank Program owner or

operator, Site Remediation Program Remediation Applicant, permittees). The

phrase does not include persons who have been hired or authorized to perform the

response action by the person taking responsibility for the release or persons with

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 14, 2006

whom the person taking responsibility for the release has contracted or

subcontracted to perform the response action.

Section 1505.200:

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. The effects of soil contamination

on groundwater contamination are evaluated as the soil component of the groundwater

ingestion exposure route using modeling as referenced in this Subpart B. 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(a):

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 a well survey is required to determine 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

governing 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 governing requiring the response action.

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.

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 14, 2006

Section 1505.210(a):

a) When applicable Board rules require a well survey to determine

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.

Section 1505.210(c):

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 extends extend beyond a boundary of the

property where the release occurred in concentrations exceeding the

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

Table Tables A, B or E for the groundwater ingestion route or the

applicable Class I groundwater quality standards at 35 Ill. Adm. Code 620

(e.g., Class I, Class III). 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 Part 620 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 S17, 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 (GWobj) concentration required in 35 Ill. Admin.

Code 742.Appendix C: Table A, Equation S18. At a minimum, the

expanded well survey shall identify the following:

1) The extent of modeled groundwater contamination shall be

determined using the procedures of 35 Ill. Adm. Code 742 or

another model or methodology approved by the Agency. When

modeling the extent of groundwater contamination, the modeling

shall include the impact from soil contamination in concentrations

exceeding the applicable remediation objectives for the soil

component of the groundwater ingestion exposure route.

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 14, 2006

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) At a minimum, the expanded well survey shall identify the

following:

A) 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 and

modeled extent of groundwater contamination exceeding

the Part 742 or Part 620 remediation objectives for the

groundwater ingestion exposure route; and

B) All setback zones and regulated recharge areas in which

any portion of the measured and modeled extent of

groundwater contamination exceeding the Part 742 or Part

620 remediation objectives for the groundwater ingestion

exposure route is located.

All setback zones and regulated recharge areas in which any

portion of the measured extent of soil contamination or the

measured and modeled extent of groundwater contamination

exceeding the Part 742 or Part 620 remediation objectives for the

groundwater ingestion route is located.

Section 1505.210(e)(2):

e) 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 the measured and modeled extent of

groundwater contamination exceeding the remediation objectives

of Part 742 or Part 620 for the groundwater ingestion exposure

route. :

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 S17, 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

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 14, 2006

Groundwater Remediation Objective (GWobj) concentration

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

Equation S18; and

The measured and modeled extent of groundwater

contamination exceeding the remediation objectives of Part

742 or Part 620 for the groundwater ingestion route.

Section 1505.300(a):

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, Community

Relations Plans, and the establishment and maintenance of document

repositories.

Section 1505.310(a)(1):

a) 1) Measured or modeled Soil or groundwater contamination or both

from the site where the release occurred (including the impact from

soil contamination in concentrations exceeding the applicable

remediation objectives for the soil component of the groundwater

ingestion exposure route) poses pose a threat above the Class I

groundwater quality standards at 35 Ill. Adm. Code 620 at five or

fewer offsite private, semi-private or non-community water system

wells; or

Sections 1505.310(b) and (b)(1):

b) The person authorized to provide notice as part of community relations

activities and within the limits set forth in 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:

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 14, 2006

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) Occupants of the properties identified in subsections

(b)(1)(A) and (b)(1)(B) of this Section to the extent

reasonably practicable. The contact list shall include the

methods by which the responsible party has attempted to

identify the occupants;

DC) 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

ED) 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) through

(b)(1)(D), (b)(1)(B) or (b)(1)(C) of this Section.

Section 1505.310(d):

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, higher concentrations of contaminants than

previously detected, evidence of additional contaminants of concern or of

a larger area affected by contamination, approval of plans or reports,

completion of response action activities).

Section 1505.315(a)(1):

a) 1) Measured or modeled Soil or groundwater contamination or both

from the site where the release occurred (including the impact from

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 14, 2006

soil contamination in concentrations exceeding the applicable

remediation objectives for the soil component of the groundwater

ingestion exposure route) poses 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

Sections 1505.315(b) and (b)(1):

b) The person authorized to provide notice as part of community relations

activities and exceeding the limits set forth in satisfying the requirements

of subsection (a) of this Section shall develop and implement a community

relations plan Community Relations Plan and fact sheet in accordance with

this subsection (b). Section 1505.Appendix A of this Part contains the

outline of a model community relations plan that would be appropriate for

a complex site.

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:

A) A description of the site or facility and details of the release

and any related soil or groundwater contamination;

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) A list of community issues and concerns collected from

affected, potentially affected, and interested parties

identified though the process outlined in subsection

(b)(1)(D) of this Section; 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

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 14, 2006

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) A community relations program including elements of

outreach, methods for maintaining a dialogue with affected,

potentially affected, and interested parties, and a schedule

for activities and objectives; and 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

of 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) The process for identifying and updating the contact list,

which shall consist of 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 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);

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 14, 2006

v) Occupants of the properties identified in subsections

(b)(1)(D)(i) and (b)(1)(D)(iv) of this Section to the

extent reasonably practicable. The community

relations plan shall include the methods by which

the responsible party will attempt to identify the

occupants;

viv) 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

viivi) 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.

Section 1505.315(b)(2)(H):

b) 2) H) The World Wide Web address of the Document Repository

established pursuant to Section 1505.320 1505.315 of this

Part and the address and hours of the document repository

established at a physical location, if also required pursuant

to Section 1505.320 1505.315 of this Part;

Section 1505.315(d):

d) Updates:

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

Section shall be updated and redistributed whenever new

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 14, 2006

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, higher concentrations of contaminants than

previously detected, evidence of additional contaminants of

concern or of a larger area affected by contamination, 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, offsite property uses, or both. A current version of the

publicly available CRP shall be kept in the document repository

described in Section 1505.320.

Section 1505.320:

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 authorized to provide the notice as part of community relations

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

repository at a physical location. If an individual requests a document repository at a

physical location, the person authorized to provide the notice may satisfy the request by

providing a complete set of copies of the documents to the party making the request. If

two or more individuals, one or more groups of individuals (e.g., citizen or neighborhood

groups, civic organizations), or a local government official or administrator requests a

document repository at a physical location, the person authorized to provide the notice

shall establish and maintain the document repository at both a World Wide Web site and

at a physical location as described under subsection (c) of this Section. 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.

Section 1505.320(a):

a) The document repository shall include the community relations plan,

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,

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 14, 2006

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

project completion documentation.

Section 1505.325(a):

a) Except as provided in subsection subsections (b) or (d) of this Section or

subsection (d) of Section 1505.330 of this Part, 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:

Section 1505.330(d):

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 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, or 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 1505.310 and 1505.315 of this

Part. This provision does not limit the use of this defense in other

circumstances where appropriate.

Section 1505.Appendix A (new):

Section 1505.APPENDIX A Contents of A Model Community Relations Plan

This Appendix A lists the key elements of a community relations plan and several factors

that should be included with each element in a community relations plan prepared for a

complex site. Unless otherwise required by rule, all the factors listed with each element

may not be necessary for each site developing and implementing a community relations

plan pursuant to this Part 1505, but each factor should be considered when developing

any community relations plan.

1. Site/Facility Description: The CRP should 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

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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 should 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.

2. Community Issues and Concerns: The CRP should 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 the fourth element below.

3. Community Relations Program: The CRP should describe the community

relations program objectives, action plan and schedule to keep affected,

potentially affected and interested parties apprised of conditions at the site,

response actions, and actual or potential public health impacts. This section also

should explain how the public will be notified of mailings or meetings. The

contact person(s) and contact information for public inquiries should be clearly

defined. Additionally, details about the location of, and access to, the document

repository should be outlined in this section of the CRP.

4. Contact List: The CRP should 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:

* Owners and occupants of properties served by private, semi-private or

non-community water systems that have been or may be impacted by

groundwater contamination from the release;

* Owners and operators of community water system wells that have been or

may be impacted by groundwater contamination from the release;

* Owners of properties without potable water supply wells but with

groundwater that has been or may be impacted by groundwater

contamination from the release;

* 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);

* 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

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clerk, city and county health department administrator; state and federal

legislators; and

* 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.

THIS FILING SUBMITTED ON RECYCLED PAPER.

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ILLINOIS REGISTER

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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

APPENDIX A Contents of A Model Community Relations Plan

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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 ____ Ill. 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

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 and 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]

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"Agency" is the Illinois Environmental Protection Agency

. [415 ILCS 5/3.105]

"Board" is the Pollution Control Board.

[415 ILCS 5/3.130]

“Community relations plan 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]

“Person performing a response action” means the person(s) taking responsibility

for addressing a release by authorizing or approving the performance of a

response action (e.g., Leaking Underground Storage Tank Program owner or

operator, Site Remediation Program Remediation Applicant, permittees). The

phrase does not include persons who have been hired or authorized to perform the

response action by the person taking responsibility for the release or persons with

whom the person taking responsibility for the release has contracted or

subcontracted to perform the response action.

"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

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

normal application of fertilizer.

[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.

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. The effects of soil contamination on groundwater

contamination are evaluated as the soil component of the groundwater ingestion exposure route

using modeling as referenced in this Subpart B. 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 a well survey

is required to determine 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.

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

potable water supply well survey. If the Board rules governing 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 governing requiring the response action.

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 applicable Board rules require a well survey to determine 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

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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;

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

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

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

Code 742.Appendix B: Table Tables A, B or E for the groundwater ingestion

route or the applicable Class I groundwater quality standards at 35 Ill. Adm. Code

620 (e.g., Class I, Class III). 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 Part

620 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 S17, 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 (GWobj) concentration required in 35 Ill.

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Admin. Code 742.Appendix C: Table A, Equation S18. At a minimum, the

expanded well survey shall identify the following:

1) The extent of modeled groundwater contamination shall be determined

using the procedures of 35 Ill. Adm. Code 742 or another model or

methodology approved by the Agency. When modeling the extent of

groundwater contamination, the modeling shall include the impact from

soil contamination in concentrations exceeding the applicable remediation

objectives for the soil component of the groundwater ingestion exposure

route.

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) At a minimum, the expanded well survey shall identify the following:

A) 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 and modeled extent of

groundwater contamination exceeding the Part 742 or Part 620

remediation objectives for the groundwater ingestion exposure

route; and

B) All setback zones and regulated recharge areas in which any

portion of the measured and modeled extent of groundwater

contamination exceeding the Part 742 or Part 620 remediation

objectives for the groundwater ingestion exposure route is located.

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

measured extent of soil contamination or the measured and modeled extent

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

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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 the measured and modeled extent of groundwater

contamination exceeding the remediation objectives of Part 742 or Part

620 for the groundwater ingestion exposure route. :

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 S17, 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 (GWobj) concentration

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

Equation S18; and

The measured and modeled extent of groundwater contamination

exceeding the remediation objectives of Part 742 or Part 620 for

the groundwater ingestion route.

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

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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, 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.

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

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

under any other authority.

Section 1505.305 Applicability

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:

1) Measured or modeled Soil or groundwater contamination or both from the

site where the release occurred (including the impact from soil

contamination in concentrations exceeding the applicable remediation

objectives for the soil component of the groundwater ingestion exposure

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route) poses pose a threat above the Class I groundwater quality standards

at 35 Ill. 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 within the limits set forth in 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) Occupants of the properties identified in subsections (b)(1)(A) and

(b)(1)(B) of this Section to the extent reasonably practicable. The

contact list shall include the methods by which the responsible

party has attempted to identify the occupants;

DC) 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

ED) 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) through (b)(1)(D), (b)(1)(B) or (b)(1)(C) of

this Section.

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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

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;

E) 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

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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

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, higher

concentrations of contaminants than previously detected, evidence of additional

contaminants of concern or of a larger area affected by contamination, approval of

plans or reports, completion of response action activities).

Section 1505.315 Community Relations Plan

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) Measured or modeled Soil or groundwater contamination or both from the

site where the release occurred (including the impact from soil

contamination in concentrations exceeding the applicable remediation

objectives for the soil component of the groundwater ingestion exposure

route) poses 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.

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

and exceeding the limits set forth in satisfying the requirements of subsection (a)

of this Section shall develop and implement a community relations plan

Community Relations Plan and fact sheet in accordance with this subsection (b).

Section 1505.Appendix A of this Part contains the outline of a model community

relations plan that would be appropriate for a complex site.

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:

A) A description of the site or facility and details of the release and

any related soil or groundwater contamination; 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) A list of community issues and concerns collected from affected,

potentially affected, and interested parties identified though the

process outlined in subsection (b)(1)(D) of this Section;

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) A community relations program including elements of outreach,

methods for maintaining a dialogue with affected, potentially

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affected, and interested parties, and a schedule for activities and

objectives; and 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 of 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) The process for identifying and updating the contact list, which

shall consist of 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

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) Occupants of the properties identified in subsections

(b)(1)(D)(i) and (b)(1)(D)(iv) of this Section to the extent

reasonably practicable. The community relations plan shall

include the methods by which the responsible party will

attempt to identify the occupants;

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viv) 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

viivi) 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

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

(b)(1)(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;

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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) 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 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 1505.320 1505.315 of this Part and

the address and hours of the document repository established at a

physical location, if also required pursuant to Section 1505.320

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).

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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) Updates:

1) Fact sheets developed in accordance with subsection (b)(2) of 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, higher concentrations of contaminants than

previously detected, evidence of additional contaminants of concern or of

a larger area affected by contamination, 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, offsite property uses, or both.

A current version of the publicly available CRP shall be kept in the

document repository described in Section 1505.320.

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 authorized to provide the notice as part of community relations activities performing the

response action or the Agency receives a request for a document repository at a physical

location. If an individual requests a document repository at a physical location, the person

authorized to provide the notice may satisfy the request by providing a complete set of copies of

the documents to the party making the request. If two or more individuals, one or more groups

of individuals (e.g., citizen or neighborhood groups, civic organizations), or a local government

official or administrator requests a document repository at a physical location, the person

authorized to provide the notice shall establish and maintain the document repository at both a

World Wide Web site and at a physical location as described under subsection (c) of this Section.

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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, 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-