ILLINOIS POLLUTION CONTROL BOARD
April 20, 2006
IN THE MATTER OF:
)
)
STANDARDS AND REQUIREMENTS FOR
)
POTABLE WATER WELL SURVEYS AND
)
R06-23
FOR COMMUNITY RELATIONS ACTIVITIES )
Rulemaking - Land
PERFORMED IN CONJUNCTION WITH
)
AGENCY NOTICES OF THREATS FROM
)
CONTAMINATION (35 ILL. ADM. CODE
)
1505)
)
Proposed Rule. First Notice.
OPINION AND ORDER OF THE BOARD (by N.J. Melas):
This rulemaking proposes to add a new Part 1505 to the Board’s regulations concerning
standards and requirements for potable water well surveys and community relations activities in
response to threats from soil and water contamination. On January 20, 2006, the Illinois
Environmental Protection Agency (Agency) filed this proposal in response to Public Act 94-314,
effective July 25, 2005, which added a new Title VI-D (“Right-To-Know”) to the Environmental
Protection Act (Act). Public Act 94-314 requires the Board to adopt well survey and community
relations rules within 240 days of the effective date of P.A. 94-314, or no later than
September 17, 2006. The Board meeting immediately before that date is scheduled for
September 7, 2006.
Today the Board adopts the Agency’s proposal, as amended, for first notice. First-notice
publication in the
Illinois Register
will begin a 45-day period for interested persons to file public
comments with the Board. The Board describes the new Part 1505 and the various issues raised
at hearing in more detail below.
PROCEDURAL BACKGROUND
On January 20, 2006, the Illinois Environmental Protection Agency (Agency) filed this
proposal for rulemaking pursuant to Sections 27 and 28 of the Environmental Protection Act
(Act) and 35 Ill. Adm. Code 102.202(b).
1
The Board accepted the rulemaking for hearing on
February 2, 2006. To date, the Board has held one public hearing before Hearing Officer Amy
Antoniolli. The hearing was held on March 28, 2006, in Chicago.
2
A second hearing is
scheduled for May 23, 2006, in Springfield.
1
The Agency’s statement of reasons will be cited to as “Stat. of Reas. at _.”
2
The transcript from the March 28, 2006 hearing will be cited to as “Tr.1 at _.”
2
Mr. Gary King, Mr. Richard Cobb, Mr. Kurt Niebergall, Ms. Joyce Munie, Ms. Carol
Fuller, and Mr. Scott Phillips testified on behalf of the Agency. Mr. King, manager of the
Division of Remediation Management within the Bureau of Land at the Agency, testified
regarding the new potable water well survey rules and how they will be integrated with the site
remediation, leaking underground storage tank, and Resource Conservation and Recovery Act
closure programs. Mr. Cobb, Deputy Manager of the Division of Public Water Supplies of the
Agency’s Bureau of Water, discussed the background of P.A. 94-314 and the purpose and scope
of the proposed Part 1505. Mr. Niebergall, Manager of the Office of Community Relations,
talked about the purpose, scope, and reasoning behind the proposed standards and requirements
for community relations activities.
Ms. Dierdre K. Hirner, on behalf of the Illinois Environmental Regulatory Group, and
Ms. Bernadette Dinschel, individually, also testified at hearing. To date there have been no
public comments filed with the Board. The Agency has filed one errata sheet reflecting issues
raised prior to the first hearing.
Filing Public Comments
First-notice publication in the
Illinois Register
of these proposed rule changes will start a
period of at least 45 days during which anyone may file public comments with the Board at:
Office of the Clerk
Pollution Control Board
James R. Thompson Center
100 W. Randolph Street, Suite 11-500
Chicago, Illinois 60601
The Board encourages persons to file public comments on these proposed amendments.
The applicable docket number (R06-23) should be indicated on the public comment. Any person
may file a public comment, regardless of whether the person has yet filed one.
Additionally, as part of the Board’s voluntary electronic filing pilot project, public
comments in this rulemaking may be filed through COOL at www.ipcb.state.il.us. Any
questions about electronic filing should be directed to the Clerk’s Office at (312) 814-3629.
SUMMARY OF PROPOSED NEW PART 1505 AND ERRATA SHEET 1
Public Act 94-314 directs the Agency to propose rules requiring potable water well
surveys and community relations activities in response to releases of contaminants that have
impacted or may impact offsite groundwater or soil. The Agency states it clearly understood the
requirement to adopt well survey procedures and establish minimum standards for the
performance and documentation of such surveys during site investigations to ensure complete
and accurate identification of the existence and location of potable water supply wells. Stat. of
Reas. at 3. The difficulty associated with both establishing the well survey procedures as well as
the community relations activities, states the Agency, is that as many as 18-20 Parts of the
Board’s rules have response action requirements that may trigger these two programs. In
3
preparing the proposal, the Agency determined that there was insufficient time to propose
separate sets of amendments for each Part.
Id
. Therefore, the Agency drafted “a single,
overarching Part that would span multiple media and regulatory boundaries.”
Id
.
The Agency stated that it held several public outreach meetings regarding the proposed
language for this rulemaking and, as a result, the proposed Part 1505 was developed with input
from environmental organizations, the regulated community, and representatives from State and
local government. Stat. of Reas. at 5-6. The Agency stated that it held additional public
outreach meetings after filing the proposal and that the Agency will likely propose changes to
the rule text based on public input as well as issues raised at hearing.
The proposed new Part 1505 contains three subparts. Subpart A contains general
information. Subpart B contains the procedures for performing potable water well surveys as
part of response actions taken to address releases of contaminants. Subpart C contains the
standards and requirements for community relations activities to be developed and implemented
when the responsible party agrees to take on the Agency’s notice obligations as part of Agency-
approved community relations activities. Each of the three subparts are discussed in more detail
below.
Subpart A
Subpart A sets forth the scope, purpose, and applicability of Part 1505. Subpart A also
provides a list of definitions. The Agency’s original proposal defines a “response action” as
taken in reaction to a release of contaminants. A response action may include a site investigation
to characterize the nature and extent of the contamination, identify potentially affected wells and
other exposure pathways and receptors, and collect information sufficient to perform any
necessary modeling of future contaminant migration. A response action may also include the
development and implementation of a remedial or corrective action plan that will eliminate or
control contamination from the release.
The Agency’s errata sheet 1 adds a definition of a “person performing a response action”
as a person taking responsibility for addressing a release, but not necessarily the person that may
have caused the contamination. The definition specifically excludes persons hired or authorized
to perform the response action by a person taking responsibility for the release.
Subpart B
If someone performs a response action pursuant to Board rules that requires a well survey
as part of a site investigation, then Subpart B requires compliance with minimum standards and
requirements for those surveys. Stat. of Reas. at 10. The submission and review of well survey
documentation and appeals of Agency final determinations concerning well survey procedures,
however, are subject to the Board rules requiring the response action.
Id
. at 11. In ongoing
response actions, if the well survey has not been performed as of the effective date of this rule,
then the survey must conform to the proposed standards. If the well survey is already complete,
but no final determination by the Agency has yet been made, Agency approval may depend on
4
whether the well survey satisfies the new standards.
Id
. at 11. If the well survey does not follow
the proposed Subpart B procedures, the Agency may require additional survey actions.
The Agency clarified in errata sheet 1 that the area of the potable water well survey
should be expanded if the groundwater contamination exceeding Class I or the Board’s
antidegradation regulations is shown to extend offsite. The Agency stated that the well survey
procedures parallel the recently adopted survey requirements under the underground storage tank
regulations at 35 Ill. Adm. Code 732 and 734.
Subpart C
As set forth in the proposal, community relations activities are voluntary and performed
as authorized by the Agency in place of the Agency’s notice obligations under Section 25d-3 of
the Act. P.A. 94-314,
eff
. July 24, 2005 (
to be codified as
415 ILCS 5/25d-3). Stat. of Reas. at
14. Pursuant to Section 25d-3, the Agency’s decision that notice must be given triggers the
implementation of community relations activities.
Id
. The Agency may choose to notify the
responsible party that notice must be issued, and can offer the responsible party the option to
provide notice instead of the Agency. Once a responsible party notifies the Agency that it
wishes to proceed, compliance with Subpart C becomes mandatory. The responsible party
assumes the obligation to provide notice, but the entire process must be done with Agency
oversight.
Id
. at 15.
The Agency has the discretion to offer the responsible party an opportunity to provide
notice. The Agency’s decision may depend on the extent of the contamination and how fast the
contamination is moving. Stat. of Reas. at 15.
The Agency has proposed two tiers of community relations activities. Stat. of Reas. at
16. Limited community relations activities are required for releases (soil or groundwater) posing
a threat of groundwater contamination above the Class I groundwater quality standards at five or
fewer off-site private, semi-private, or non-community water system wells.
Id
. Limited
activities also apply where offsite soil contamination poses a threat of exposure above the
appropriate Tiered Approach to Corrective Action Objectives (TACO) Tier 1 contaminant
concentrations under 35 Ill. Adm. Code 742 suitable for the current use at five or fewer offsite
properties. For the sites described in this section, a contact list and fact sheet for distribution to a
specified group of affected, potentially affected, or interested persons are required.
More comprehensive community relations activities are required for releases that pose a
threat of groundwater contamination above Class I groundwater quality standards at five off-site
private, semi-private, or non-community water system wells or one or more community water
supply wells. Stat. of Reas. at 18. The same level of community relations activities is required if
offsite soil contamination exceeds or poses a threat of exposure above TACO Tier 1
contamination concentrations suitable for the current uses at more than five properties.
Id.
Pursuant to the more comprehensive tier of community relations activities, the person authorized
to provide notice must develop and implement a plan for community relations activities in
addition to a contact list and fact sheet.
Id
. at 18-19. The Agency’s errata sheet 1 adds an
5
Appendix A to Part 1505, which contains the outline of a model community relations plan
appropriate for a complex site.
Under the more comprehensive requirements, the person authorized to give notice must
create an online document repository. Stat. of Reas. at 17. Pursuant to the proposed Section
1505.320, the repository must be established at a web site. If a request is made for a repository
at a physical location, a physical repository must also be provided.
Id
. The repository must be
maintained and updated until 180 days from the Agency’s issuance of completion documentation
for the response action.
Under both tiers of community relations activities, fact sheets and plans for community
relations activities must be updated routinely to reflect the development of new information or
significant changes to information already submitted. If the person authorized to provide notice
fails to perform all of the activities required under Subpart C, then the Agency may provide
public notice and seek cost recovery pursuant to Title VI-D, an enforcement action, or both.
Stat. of Reas. at 18. This method of appeal allows the Agency to promptly notify the public and
avoid potential delays to the development and implementation of community relations activities.
Id
. If the Agency fails to meet the mandatory 30-day review deadline, the plan is considered
approved by default.
Id
. at 19.
Technical Feasibility and Economic Reasonableness
The Agency states the proposed regulations are both technically feasible and
economically reasonable. Well surveys are already performed in response to most releases
addressed pursuant to Board rules and Agency oversight, so no new or additional technical
requirements are required under Subpart B. The only new technical requirement imposed by
P.A. 94-314 and the proposed rules is the establishment of a website document repository. Stat.
of Reas. at 20. According to the Agency, the establishing a website is technically feasible and,
therefore, the proposed rule raises no new issues of technical feasibility.
Id
. at 20-21.
The Agency does not anticipate any significant increase in costs for the State or for the
persons performing response actions for the performance of well surveys for the same reasons.
Subpart B, according to the Agency, merely attempts to codify the Agency’s existing procedures
for well surveys. Stat. of Reas. at 21.
There will definitely be increased costs for the Agency and responsible parties
performing notice and community relations obligations under Subpart C. Costs will vary
depending on the nature and extent of the contamination, and the Agency hopes that by having
two levels of community relations activities, the costs will be limited appropriately. Stat. of
Reas. at 21. The Agency predicts that most sites will fall into the limited requirement group, but
that costs will substantially increase for those sites with greater impacts that must prepare plans
and document repositories.
The Agency’s Office of Community Relations estimates the cost to the responsible
parties for developing a fact sheet and contact list, preparing a news release, and distributing the
required information will range from $9,500 to $12,000. Stat. of Reas. at 22. The cost estimates
6
are based on approximately 160 to 200 hours of staff time and direct and indirect costs of
approximately $60 per hour. The Agency estimates that if a plan is required, the cost could
increase by as much as $4,500 to $6,000.
Id
. The Agency states it did not include estimates for
establishing an electronic document repository because the Office of Community Relations does
not have experience with this.
Id
.
The Office of Community Relations estimates that the increased costs to the Agency for
reviewing documents, responding to fact sheets, and other follow-up activities will range from
$2,000 to $3,200 if only fact sheets are required, and $3,200 to $4,800 if a comprehensive
community relations plan is also required. The Agency foresees additional undetermined costs
for enforcement under the proposed Section 1505.330(d) and for non-compliance in general.
Stat. of Reas. at 22.
The Agency states that despite these additional costs, “the legislature has determined that
the public does have a right to know when contamination has impacted or may impact offsite
properties or offsite potable water supply wells and that the right could be better served by
adding community relations requirements.” Stat. of Reas. at 22. According to the Agency,
Section 25d-3 of the Act mandates the Agency to provide notice, and the associated costs are
justified for compliance with the Act.
Published Study or Report Requirement
With regard to the “published study or report” requirement of Section 102.202(e), the
Agency states that the proposal includes no incorporations by reference, and that no published
studies or research reports were used in developing the rules. Stat. of Reas. at 24;
see also
35 Ill.
Adm. Code 102.202(e);
see also
35 Ill. Adm. Code 102.202(k).
DISCUSSION
Today the Board adopts the Agency’s proposal to add a new Part 1505 to the Board’s
rules establishing standards and requirements for potable water well surveys and for community
relations activities in response to impacts or threats of contamination to offsite soil or
groundwater. As set forth above, the parties discussed several potential changes to the proposed
rulemaking at the first hearing. The Agency has indicated that it intends to make changes to the
proposed language reflecting issues raised at the first hearing. However, in order to meet the
Board’s September 17, 2006 deadline for adopting these regulations,
3
today the Board adopts
this rule for first notice based on the Agency’s proposal, as amended by the Agency’s errata
sheet 1. A second hearing is scheduled for May 23, 2006.
Testimony Other than the Agency’s at Hearing
3
September 17, 2006 is 240 days from the date the Board received the Agency’s proposal, as
required by Section 25d-7 of the Act. P.A. 94-314,
eff
. July 24, 2005 (
to be codified as
415
ILCS 5/25d-7(a))
7
A resident of the Village of Lisle, Ms. Bernadette Dinschel, testified at hearing. Ms.
Dinschel states that the Lockformer Company site, located in Lisle, entered the Illinois site
remediation program in 1998. A year later, states Ms. Dinschel, the Agency determined that a
chlorinated chemical solvent, trichloroethylene (TCE), was present in private wells up to three
miles from the Lockformer site. Because she lived within the boundaries of the contaminated
area, Ms. Dinschel stated she became concerned. Tr.1 at 95. Ms. Dinschel testified that she
provided citizen input on a subcommittee the Agency organized which led to the legislation that
became P.A. 94-314. Tr.1 at 96.
Ms. Dinschel’s greatest concern with the Agency’s proposal was that the notification
procedures under Subpart C would not adequately notify property owners and occupants. Tr.1 at
100-01. In response to Ms. Dinschel’s testimony, the Board notes that proposed Section
1505.310(b)(1), as amended by the Agency’s errata sheet 1, requires people authorized to
provide notice as part of community relations activities must notify property owners and
occupants “to the extent reasonably practical.” Ms. Dinschel also expressed concern that the
proposal would allow a company or other responsible party rather than the Agency or
governmental entity to notify the public. Tr. at 103-04. Ms. Fuller, from the Office of
Community Relations, stated that in a pilot notification mailing, the Agency used letterhead from
the local health department, but that a local health department would not be the only acceptable
letterhead to use. For example, the county or city or responsible party may also provide
letterhead for a community right-to-know mailing. Tr.1 at 107-08.
Ms. Deirdre K. Hirner prefiled testimony in this rulemaking and gave a summary of her
prefiled testimony along with additional comments at hearing. Tr.1 at 111. Ms. Hirner offered
her support of the Agency’s proposal as amended by the Agency’s errata sheet 1, then mentioned
four concerns on behalf of IERG.
Id
. at 112. First, Ms. Hirner stated that the requirement to
include closure plan documents in fact sheets would be difficult for many parties providing
notification to meet because the closure plan is often not available so soon after discovering
contamination or a threat of contamination. Second, Ms. Hirner noted that in many Illinois
communities there is limited access to the internet, making physical document repository a better
choice in those communities. Tr.1 at 114. Ms. Hirner stated that with regard to this issue, the
Agency’s proposal as amended by errata sheet 1, allowing a physical repository in addition to a
website when there is a request for one, satisfies this second concern. Tr.1 at 120.
Third, Ms. Hirner stated that the definition of “responsible party” in other Agency
programs “denotes having very strict liability.” Tr.1 at 114. Throughout Subpart C, Ms. Hirner
stated IERG would favor using “the person performing the response action” or to actually define
responsible party for the purposes of Part 1505, Subpart C for clarification. Tr.1 at 115. Finally,
Ms. Hirner stated that IERG supports notifying all people who are potentially impacted by a
release, and that the Agency’s language in the proposed rule, as amended by errata sheet 1, “is
very good language.”
Id
. Ms. Hirner concludes by stating that IERG is opposed to a mandatory
identification of occupants because P.A. 94-314 requires notification only of owners and
operators. Further, depending on the site location and surrounding communities, Ms. Hirner
states that notification of occupants may be very difficult, and perhaps even beyond the control
of the regulated community. Tr.1 at 117.
8
The Board finds that the Agency’s proposal adopted by the Board today satisfies some of
the concerns raised by Ms. Dinschel and Ms. Hirner, on behalf of IERG, at hearing. As
discussed above and at hearing, the Agency indicates that it intends to address the issue of
whether or how to define the term “responsible party” as well as other issues raised in a
subsequent errata sheet that the Board may consider at the second hearing and prior to second
notice.
Technical Feasibility and Economic Reasonableness
The Board received no testimony or comments regarding the Department of Commerce
and Economic Opportunity’s decision not to perform an economic impact study on this
rulemaking. The Board agrees with the Agency that both parts of the proposal are technically
feasible. The Agency states that the requirements for potable water well surveys are
economically reasonable and procedures are already required by the Agency and followed by
persons performing response actions for soil or groundwater contamination pursuant to
applicable Board rules. The Board finds the water well survey requirements of Subpart B
economically reasonable.
The Agency concedes that the new standards and requirements for community relations
activities may cost the Agency, and the responsible party with respect to the release or threat of a
release, considerably more in instances where there is an impact or threat of impact to offsite
property. Nonetheless, the Board agrees that the statute mandates the Agency to propose, and
the Board to adopt, water well survey and community right-to-know regulations. In fact, the
statute itself is quite specific about who must be given notice, in what circumstances, and what
information must be included in the notices. While the Agency indicates that it will make some
modifications to the proposal based on discussions at hearing, the Board finds that the Agency’s
proposed Subpart C community right-to-know rules generally meet the intent and purpose of
P.A. 94-314, and are economically reasonable.
Accordingly, the Board finds the proposed rule technically feasible and economically
reasonable for both the responsible party as well as the State. The Board also finds that the
proposed rulemaking will benefit the environment and the community because it will provide the
public with valuable and timely information regarding public health and the environment and
ensures protection of potable water wells.
The Board adopts the proposal as amended by the Agency in errata sheet 1, making only
those additional technical corrections necessary to keep the rule language consistent with
regulatory language typically reviewed by the Joint Committee on Administrative Rules and
adopted by the Board.
CONCLUSION
The Board adopts the Agency’s proposed rulemaking establishing standards and
requirements for potable water well surveys and for community relations activities in response to
contamination or threats of contamination, as amended by the Agency, for first-notice
publication in the
Illinois Register
.
9
ORDER
The Board directs the Clerk to cause the filing of the following rule with the Joint
Committee on Administrative Rules for its first-notice review.
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
10
APPENDIX A
Contents of A Model Community Relations Plan
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
(c) of Section 25d-3 provides that the Agency may authorize a responsible party who has
implemented community relations activities to provide the notice in place of the Agency. The
standards and requirements in Subpart C of this Part are for community relations activities
performed by those authorized to provide notice in place of the Agency. This Part establishes
the minimum standards and requirements for the performance of the potable water supply well
surveys and the development, review, implementation and distribution of fact sheets and
community relations plans 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]
"Agency" is the Illinois Environmental Protection Agency
. [415 ILCS 5/3.105]
"Board" is the Pollution Control Board.
[415 ILCS 5/3.130]
11
“Community relations plan” or “CRP” means a plan containing goals, milestones,
and specific tasks that will accomplish two-way communications between a party
performing a response action and community members who may be interested in
or affected by site contamination or activities at the remediation site.
“Contaminant” is any solid, liquid or gaseous matter, any odor, or any form of
energy, from whatever source.
[415 ILCS 5/3.165]
“Contamination” or “contaminate” when used in connection with groundwater,
means water pollution of such groundwater.
[415 ILCS 5/3.170]
"Person" means individual, trust, firm, joint stock company, joint venture,
consortium, commercial entity, corporation (including a government
corporation), partnership, association, state, municipality, commission, political
subdivision of a state, or any interstate body, including the United States
Government and each department, agency and instrumentality of the United
States.
[415 ILCS 5/58.2]
“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
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.
12
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 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 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 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
13
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 the existence and
location of potable water supply wells, persons subject to this Subpart B shall
identify all private, semi-private, and non-community water system wells located
at the property where the release occurred or within 200 feet of the property
where the release occurred, all community water system (“CWS”) wells located at
the property where the release occurred or within 2,500 feet of the property where
the release occurred, and all setback zones and regulated recharge areas in which
all or any portion of the property where the release occurred is located.
b)
Actions taken to identify the wells and associated protected areas shall include,
but not be limited to, the following:
1)
Contacting the Agency’s Division of Public Water Supplies to identify
community water system wells and associated setback zones and regulated
recharge areas;
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
14
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 or modeled groundwater contamination extends 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 E
for the groundwater ingestion route or the applicable groundwater quality
standards at 35 Ill. Adm. Code 620 (e.g., Class I, Class III). If there is no Table E
objective or Part 620 standard, the objective shall be determined or approved by
the Agency in accordance with 35 Ill. Adm. Code 620.Subpart F.
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.
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.
d)
The Agency may, based on site-specific circumstances or information collection
deficiencies (e.g., incomplete, conflicting or imprecise information, information
assembled from unverified sources), require additional investigation to determine
the existence or location of potable water supply wells, setback zones or regulated
recharge areas. The additional investigation may include, but shall not be limited
to, physical well surveys (e.g., interviewing property owners, investigating
individual properties for wellheads, distributing door hangers or other materials
requesting information about the existence of potable wells).
15
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.
3)
One or more tables listing the applicable setback zones and regulated
recharge areas for each community water system well and other potable
water supply wells identified pursuant to this Section; and
4)
A narrative that, at a minimum, identifies each entity contacted to identify
potable water supply wells and protected areas pursuant to this Section,
the name and title of each person contacted at each entity, and field
observations, if any, associated with the identification and location of
potable water supply wells.
SUBPART C: STANDARDS AND REQUIREMENTS FOR COMMUNITY RELATIONS
ACTIVITIES
Section 1505.300
Purpose and Scope
a)
The purpose of this Subpart C is to establish the minimum standards and
requirements for the development and implementation of community relations
activities in accordance with Section 25d-7 of the Act when the Agency has
authorized the responsible party to provide the notice pursuant to subsections (a)
and (c) of Section 25d-3 of the Act as part of the Agency-approved community
relations activities. In addition, it is the purpose of this Part to ensure that these
community relations activities fully inform communities and individuals in a
timely manner about offsite impacts or potential impacts from soil or groundwater
contamination or both and the responses to such impacts. This Subpart C contains
requirements for the content, submission for review, distribution and
implementation of fact sheets and community relations plans, and the
establishment and maintenance of document repositories.
b)
Subpart C not a limitation:
16
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 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.
17
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 groundwater contamination 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 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 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 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 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;
D)
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
E)
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
18
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) of this Section.
2)
The person shall develop a fact sheet for the release and response action.
The fact sheet shall be distributed to the contact list as derived from
subsection (b)(1) of this Section. The fact sheet shall be written clearly
and concisely in non-technical, non-legal terminology. The fact sheet and
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
H)
The name, e-mail address, postal address and telephone number of
the Agency’s designated staff person and a statement that
19
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., 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 groundwater contamination 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 a
threat above the Class I groundwater quality standards at 35 Ill. Adm.
Code 620 at more than five offsite private, semi-private or non-
community water system wells or one or more community water system
wells; or
2)
Offsite soil contamination from the site where the release occurred poses
a threat of exposure to the public above the appropriate Tier 1 remediation
objectives for the current use(s) at more than five offsite properties.
b)
The person authorized to provide notice as part of community relations activities
and exceeding the limits set forth in subsection (a) of this Section shall develop
and implement a 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.
20
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;
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;
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
D)
The process for identifying and updating the contact list, which
shall consist of affected, potentially affected, and interested parties
including, but not limited to:
i)
Owners 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 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;
vi)
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
21
county health department administrator; state and federal
legislators; and
vii)
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;
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;
22
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 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 of
this Part;
I)
The date of preparation of the fact sheet, the name of the
representative(s) of the business, site or facility from whom
information and copies of repository and other site-related
documents may be obtained, and e-mail address, postal address and
telephone number where the representative(s) can be reached; and
J)
The name, e-mail address, postal address and telephone number of
the Agency’s designated staff person and a statement that additional
information and site-related documents may be available by
contacting the Agency’s designated staff person or by filing a
request for site-specific information with the appropriate Agency
bureau in accordance with the Freedom of Information Act (5 ILCS
140).
c)
For information that is not available when a fact sheet is prepared pursuant to
subsection (b)(2) of this Section, the submission of the fact sheet to the Agency
for review shall be accompanied by an explanation of why the 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., completion of
site investigation and characterization of the nature and extent of
contaminants, higher concentrations of contaminants than previously
23
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 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.
a)
The document repository shall include the community relations plan, all public
notices (e.g., proof of publication for newspaper or other published notices,
letters, door hangers, or other forms of public notification), all fact sheets, all
applications, plans and reports submitted to the Agency for review and approval
and subsequent Agency comment packages, and all final determinations by the
Agency, such as a No Further Remediation Letter, permit modification, or other
project completion documentation.
1)
The person shall update the repository promptly and continuously as fact
sheets, plans, reports, comment packages and Agency decisions are
generated throughout the process.
2)
The documents shall be created, organized and indexed so that affected,
potentially affected, or interested persons can identify, locate and
download documents of interest.
3)
The repository shall include the business, site or facility representative’s
e-mail, postal address and telephone number where inquiries can be
24
directed and persons can request copies of repository documents and other
site-related documents by mail.
b)
Repositories at World Wide Web sites:
1)
The documents must be in a readily available format for downloading and
printing (e.g, portable document format (.pdf), graphic interchange format
(.gif), tagged image file format (.tiff); joint photographic group format
(.jpgf)) with links to web sites where software to view and print the
documents may be downloaded.
2)
Documents that cannot be converted to a readily available format for
downloading and printing must be described in the document index,
identified as available upon request, and made available in accordance
with subsection (a)(3) of this Section.
c)
Repositories at physical locations:
1)
Repositories established at physical locations shall be established no later
than ten business days after receipt of a request for a repository at a
physical location or receipt of the Agency’s notification that a request has
been made to the Agency, whichever is earlier.
2)
Repositories established at a physical location shall be at a public location
(e.g., public library, city hall) and open to the public at times convenient
to affected, potentially affected, or interested persons.
d)
Information deemed trade secrets or non-disclosable in accordance with Board
procedures at 35 Ill. Adm. Code 130 or Agency procedures at 2 Ill. Adm. Code
1828 may be redacted or excluded from the repository consistent with the
requirement for providing the public all documents that have not been deemed
confidential. Information to be added to the document repository also shall be
screened to ensure that personal information identifying affected, potentially
affected, or interested persons or their exact property locations are not disclosed.
e)
The document repository may be discontinued no less than 180 days after the
recording of the NFR Letter or the issuance of other project completion
documentation by the Agency (e.g., permit modification, closure letter, “4(y)
letter” [415 ILCS 5/4(y)]).
Section 1505.325
Submission of Fact Sheets and Community Relations Plans for Review
a)
Except as provided in subsection (b) 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
25
community relations activities shall, within 30 days of the date of their
acceptance:
1)
Submit to the Agency a fact sheet and contact list satisfying subsection (b)
of Section 1505.310 of this Part or a CRP, fact sheet and contact list
satisfying the requirements of subsection (b) of Section 1505.315 of this
Part; and
2)
Establish a web site document repository if required in accordance with
Section 1505.320 of this Part.
b)
Updates of CRPs, fact sheets or both and updates of contact lists prepared
pursuant to subsection (d) of Section 1505.310 or subsection (d) of Section
1505.315 of this Part also shall be submitted for Agency review in accordance
with subsection (a) of this Section except that the updates shall be submitted to
the Agency within ten days of preparing the revised CRP or developing or
obtaining new information that would materially change the information required
or provided in the fact sheet.
c)
If authorized by the Agency, CRPs or fact sheets may be filed in specified
electronic formats.
Section 1505.330
Agency Reviews of Fact Sheets and Community Relations Plans
a)
The Agency shall have 30 days from receipt of a fact sheet, CRP, or updates of
such documents to conduct a review and approve or disapprove of the CRP or fact
sheet or approve of the CRP or fact sheet with conditions or modifications. All
reviews shall be based on the standards for review set forth in subsection (b) of
this Section.
1)
The Agency’s record of the date of receipt of a fact sheet or CRP shall be
deemed conclusive unless a contrary date is proved by a signed, dated
receipt from the Agency or certified mail or registered mail.
2)
Persons subject to this Subpart C may waive the time period for review
upon a request from the Agency or at the person’s discretion.
b)
When reviewing a fact sheet or CRP, the Agency shall consider:
1)
Whether the CRP contains the elements required by subsection (b) of
Section 1505.315 of this Part;
2)
Whether the fact sheet contains the elements required by subsection (b) of
Section 1505.310 of this Part or subsection (b) of Section 1505.315 of this
Part including, but not limited to, any explanation of why specified
information is unavailable at the time of the submission of the fact sheet
26
and an estimate of when the missing information will be supplied in a
revised fact sheet;
3)
Whether the information in the fact sheet and CRP is consistent with the
information contained in the Agency’s records and any field observations;
and
4)
Whether the persons subject to this Subpart C have clearly defined:
A)
Persons required to be included in the contact list for fact sheets in
accordance with subsection (b) of Section 1505.310 of this Part or
subsection (b) of Section 1505.315 of this Part; or
B)
The demographics of nearby populations that may be affected by
or concerned about site activities for purposes of notification under
the CRP including, but not limited to, residences, businesses, day
care centers, schools, nursing homes, hospitals and clinics.
c)
Upon completion of the review, the Agency shall notify the submitter in writing
whether the fact sheet or CRP and accompanying fact sheet are approved,
approved with conditions or modifications, or disapproved. The notification shall
be made by certified or registered mail postmarked with a date stamp and with
return receipt requested. If the Agency disapproves a fact sheet or CRP, or
approves a fact sheet or CRP with conditions or modifications, the notification
shall contain the following information, as applicable:
1)
An explanation of the specific information or documentation, if any, that
the Agency determines the submitter did not provide or is inconsistent
with the information contained in the Agency’s records and any field
observations;
2)
A list of the provisions of this Part that may be violated if the fact sheet or
CRP is approved as submitted;
3)
A statement of the reasons why the provisions cited in subsection (c)(2) of
this Section may be violated if the fact sheet or CRP is approved as
submitted; and
4)
An explanation of the reasons for conditions or modifications if conditions
or modifications are required.
d)
If the Agency disapproves of a fact sheet or CRP or approves of a fact sheet or
CRP with conditions or modifications, the submitter shall submit a revised fact
sheet, CRP, or both to the Agency within ten days of receiving the Agency’s
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
27
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.
e)
The Agency may, to the extent consistent with review deadlines, provide the
submitter with a reasonable opportunity to correct deficiencies prior to sending a
disapproval of a fact sheet or CRP or an approval with conditions or
modifications. However, the correction of such deficiencies by the submission of
additional information may, in the sole discretion of the Agency, restart the time
for review.
f)
If the Agency does not issue its final determination on the fact sheet, CRP, or
updates of such documents within 30 days of the receipt of the document, the
document shall be deemed approved as submitted.
Section 1505.335
Implementation of Community Relations Plans and Distribution of Fact
Sheets; Compliance Monitoring and Records Retention
a)
Implementation of the CRP or distribution of a fact sheet shall begin within five
days of receipt of the Agency’s approval of the CRP or the fact sheet or within ten
days of the date the document(s) is deemed approved pursuant to subsection (f) of
Section 1505.330 of this Part.
b)
Compliance monitoring:
1)
Persons authorized by the Agency to provide notice pursuant to
subsections (a) and (c) of Section 25d-3 of the Act as part of community
relations activities shall:
A)
Provide to the Agency copies of all public notices (including, but
not limited to, proof of publication for newspaper or other
published notices), news releases, letters, door hangers, or other
forms of public notification; and
B)
Inform the Agency in writing two weeks in advance of plans to
hold public meetings or press conferences about site activities or
developments.
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2)
The Agency may monitor the implementation of approved CRPs, the
distribution of approved fact sheets, and the establishment and
maintenance of document repositories. Steps taken by the Agency to
monitor these activities may include, but shall not be limited to:
A)
Independently contacting affected, potentially affected and
interested persons concerning the type, completeness and
timeliness of information provided under the fact sheet or CRP and
at the document repository;
B)
Cross-checking documentation received and generated by the
Agency with documentation placed in the document repository;
C)
Attending scheduled public meetings to monitor presentations and
to lend Agency perspective; and
D)
Making site visits to verify descriptions of site conditions and
activities as stated in community relations activities.
c)
The person authorized by the Agency to provide notice pursuant to subsections
(a) and (c) of Section 25d-3 of the Act as part of community relations activities
shall retain records and documents demonstrating compliance with the
requirements of this Subpart C for at least one year after the recording of the NFR
Letter or the issuance of other project completion documentation by the Agency
(e.g., permit modification, closure letter, “4(y) letter” [415 ILCS 5/4(y)]). The
retention period for the records and documents is extended automatically during
the course of any disputes or unresolved enforcement actions regarding the
community relations activities or as requested in writing by the Agency. Records
may be preserved and presented in an electronic format.
Section 1505.340
Compliance
No person authorized by the Agency to provide notice pursuant to subsections (a) and (c) of
Section 25d-3 of the Act as part of community relations activities shall fail to comply with the
requirements of this Subpart C or the provisions of community relations activities approved by
the Agency.
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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 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;
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*
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 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.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above opinion and order on April 20, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
