OFFICE OF THE SECRETARY OF STATE
JESSE WHITE .
Secretary of State
06/01/2006
POLLUTION CONTROL BOARD
James R. Thompson Center 100 W. Randolph St., Ste 11-500
Dorothy Gunn
CHICAGO, IL 60601
Dear Dorothy Gunn
Your rules Listed below met our codification standards and have been published in
Volume 30, Issue 23 of the Illinois Register, dated 06/09/2006 .
ADOPTED RULES
Maximum Setback Zones
35 III. Adm. Code 618
Page 10448
Point Of Contact:Erin Conley
If you have any questions, you may contact the Administrative Code Division at
(217) 782 - 7017
.
Index Department
- Administrative Code Division
- 111 East Monroe Springfield, IL 62756
RECEIVED
CLERK'S OFFICE
JUN 0 ~ 2015
STATE OF IWNOtS
Pollution Control Bowl
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED RULE
1)
Heading of the Part :
Maximum Setback Zones
2)
Code Citation
:
35 Ill. Adm. Code 618
3)
Section Numbers :
618.100
618.105
618.200
618.205
618.APPENDIX A
Adopted Action :
New Section
New Section
New Section
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4)
Statutory Authority : Implementing Section 14.3 and authorized by Section 27 of the
Illinois Environmental Protection Act [415 ILCS 5/14 .3 and 27]
5)
Effective Date of Amendments
:
MAY 2 3 2006
6)
Does this rulemaking contain an automatic repeal date?
No
7)
Do these amendments contain incorporations by reference?
No
8)
The adopted rule, including any material incorporated by reference, is on file in the
Board's Chicago office at the James R . Thompson Center, 100 W. Randolph, Suite 11-
500 and are available for public inspection
.
9)
Notice of Proposal Published in Illinois Register :
29 111. Reg. 19503, December 2, 2005
10)
Has JCAR issued a Statement of Objections to these amendments? No
11)
Differences between proposal and final version
:
The Board made minor, nonsubstantive changes at second notice in response to JCAR
comments .
12)
Have all the changes agreed upon by the agency and JCAR been made as indicated in the
agreements letter issued by JCAR? Yes
13)
Will these amendments replace emergency amendments currently in effect? No
14)
Are there any amendments pending on this Part? No
15)
Summary and Purpose of Amendments
:
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED RULE
A more complete description of this rulemaking may be found in the Board's opinion and
order of May 4, 2006, in Board docket R05-09. The Board is adopting a new Part that
establishes an expanded setback zone of up to 1,000 feet to provide additional protection
for the community water supply (CWS) wells of the City of Marquette Heights, in
Tazewell County
.
This rule is the first of its kind under Section 14 .3 of the Environmental Protection Act
(Act) (415 ILCS 5/14.3 (2004)), which allows for the establishment of "maximum
setback zones" to prevent contamination of particularly vulnerable groundwater sources
used by CWS . A setback zone restricts land use near the CWS well, providing a buffer
between the well and potential sources or routes of contamination
.
In Subpart A of Part 618, there are general provisions for maximum setback zones,
including definitions. Subpart A's provisions apply to all maximum setback zones
established in Illinois through Board rulemaking. Subpart B of Part 618 contains rules
specific to the Marquette .Heights CWS wells, including ones providing that : (1) certain
activities within the setback are banned; and (2) other activities within the setback are
subject to management and control standards. "New potential primary sources" of
groundwater contamination are prohibited from locating wholly or partially within the
Marquette Heights expanded setback. Examples of potential primary sources can include
a unit at a facility (1) used to treat, store, or dispose of any hazardous or special waste not
generated at the site, (2) used to dispose of municipal waste not generated at the site,
other than landscape waste and construction and demolition debris, (3) used to landfill,
land treat, surface impound or pile any hazardous or special waste that is generated on
the site or at other sites owned, controlled or operated by the same person, or (4) that
stores or accumulates at any time more than 75,000 pounds above ground, or more than
7,500 pounds below ground, of any hazardous substances
.
Section 618.Appendix A is a map that delineates the irregularly-shaped boundaries of the
maximum setback zone relative to local land use plats . The distance from each wellhead
to the setback boundaries varies from approximately 600 to 1,000 feet . The appendix
also lists identification numbers of parcels that are located wholly or partially within the
maximum setback .
16)
Information and questions regarding these adopted amendments shall be directed to
:
Richard McGill
Illinois Pollution Control Board
100W. Randolph 11-500
Chicago, IL 60601
312-814-6983
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED RULE
Copies of the Board's opinions and orders may be requested from the Clerk of the Board
at the address listed in #8 above or by calling 312/814-3620 . Please refer to the docket
number R05-09 in your request . Board opinions and orders are also available from the
Board's Web site (www.ipeb.state.il .us)
The full text of the adopted rule begins on the next page
:
Section
618.100
Purpose and Applicability
618.105
Definitions
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED RULE
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 618
MAXIMUM SETBACK ZONES
SUBPART A: GENERAL
SUBPART B: MARQUETTE HEIGHTS' MAXIMUM SETBACK ZONE
Section
618.200
Purpose and Applicability
618.205
1,000 Foot Maximum Setback Zone Prohibition
618.APPENDIX A Boundaries of Marquette Heights' Maximum Setback Zone
AUTHORITY: Implementing Section 14 .3 and authorized by Section 27 of the Illinois
Environmental Protection Act [415 ILCS 5/14.3 and 27]
.
SOURCE: Adopted in R05-9 at 30 Ill . Reg . , effective
SUBPART A: GENERAL
Section 618 .100
Purpose and Applicability
This Part is established in the interest of securing the public health, safety, and welfare
; to
preserve the quality and quantity of groundwater resources in order to assure a safe and adequate
water supply for present and future generations; and to preserve groundwater resources currently
in use and those aquifers having a potential for future use as a public water supply . Pursuant to
the authority of Section 14 .3(d) of the Illinois Environmental Protection Act (Act) [415 ILCS
5/14.3(d)], the provisions of this Part apply to all properties located wholly or partially within a
maximum setback zone established under Section 14 .3(d) of the Act and this Part
.
Section 618 .105
Definitions
"New Potential Route" means
:
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED RULE
Unless a different meaning of a word or term is clear from the context, the definitions of words
or terms in this Part are the same as those used in the Act, the Illinois Groundwater Protection
Act [415 ILCS 55], or 35 Ill. Adm. Code 671
.
"Agency" means the Illinois Environmental Protection Agency
.
"Board" means the Illinois Pollution Control Board .
"Facility" means
the buildings and all real property contiguous thereto, and the equipment at a
single location used for the conduct of business
[430 ILCS 45/3]
.
"New Potential Primary Source" means
:
a potential primary source which is not in existence or for which construction has not
commenced at its location as ofJanuary 1, 1988; or
a potential primary source which expands laterally beyond the currently permitted
boundary or, if the primary source is not permitted, the boundary in existence as of
January 1, 1988; or
a potential primary source which is part of a facility that undergoes major
reconstruction. Such reconstruction shall be deemed to have taken place where the fixed
capital cost of the new components constructed within a 2 year period exceed 50% of the
fixed capital cost of a comparable entirely new facility
[415 ILCS 5/3 .345] .
a potential route which is not in existence or for which construction has not commenced
at its location as of January 1,1988; or
a potential route which expands laterally beyond the currently permitted boundary or, if
the potential route is not permitted, the boundary in existence as of January 1, 1988
[415
ILCS 5/3.350]
.
"New Potential Secondary Source"
means
a potential secondary source which :
is not in existence or for which construction has not commenced at its location as of July
1, 1988; or
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED RULE
is utilized for the landf Iling, land treating, or surface impounding of waste that is
generated on the site or at other sites owned, controlled or operated by the same person,
other than livestock and landscape waste, and construction and demolition debris ; or
stores or accumulates at any time more than 25, 000 but not more than 75, 000 pounds
above ground, or more than 2,500 but not more than 7,500 pounds below ground, of any
hazardous substances; or
stores or accumulates at any time more than 25,000 gallons above ground, or more than
500 gallons below ground, ofpetroleum, including crude oil or any fraction thereof
which is not otherwise specifically listed or designated as a hazardous substance ; or
stores or accumulates pesticides, fertilizers, or road oils for purposes of commercial
application or for distribution to retail sales outlets; or
stores or accumulates at any time more than 50, 000 pounds of any de-icing agent ; or
is utilized for handling livestock waste or for treating domestic wastewaters other than
private sewage disposal systems as defined in the Private Sewage Disposal Licensing Act
[415 ILCS 5/3 .355] .
"Setback zone" means a geographic area, designated pursuant to the Act, containing a potable
water supply well or a potential source or potential route, having a continuous boundary, and
within which certain prohibitions or regulations are applicable in order to protect groundwaters
[415 ILCS 5/3 .450]
.
"Site" means any location, place, tract of land, and facilities, including but not limited to
buildings, and improvements used for purposes subject to regulation or control by the Act or
regulations thereunder [415 ILCS 5/3.460] .
"Unit" means any device, mechanism, equipment, or area (exclusive of land utilized only for
agricultural production). This term includes secondary containment structures and their
contents at agrichemical facilities
. [415 ILCS 5/3 .515]
"Unit boundary" means a line at the land's surface circumscribing the area on which, above
which, or below which waste, pesticides, fertilizers, road oils or de-icing agents will be placed
during the active life of the facility . The space taken up by any liner, dike or other barrier
designed to contain waste, pesticides, fertilizer, road oils, or de-icing agents falls within the unit
boundary.
SUBPART B: MARQUETTE HEIGHTS' MAXIMUM SETBACK ZONE
Section 618.200
Purpose and Applicability
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED RULE
a)
This Subpart prescribes maximum setback zone prohibitions and the applicable
technology control regulations that apply under 35 Ill . Adm. Code 615 and 616 in
the interest of securing the public health, safety, and welfare ; to preserve the
quality and quantity of groundwater resources in order to assure a safe and
adequate water supply for present and future generations; and to preserve
groundwater resources currently in use and those aquifers having a potential for
future use as a public water supply .
b)
The provisions of this Subpart apply to all properties located wholly or partially
within the maximum setback zone boundaries of Marquette Heights, as delineated
in Appendix A of this Part :
1)
That are new potential primary sources of groundwater contamination
pursuant to Section 14.3(d) of the Act ; or
2)
That are existing or new activities regulated under 35 Ill . Adm. Code 615
or 616, excluding agrichemical facilities that affirmatively opt out of 35
Ill. Adm. Code 615 or 616, which are regulated instead under 8 Ill . Adm .
Code 257 or 77 Ill. Adm. Code 830
.
Section 618 .205
1,000 Foot Maximum Setback Zone Prohibition
New potential primary sources of groundwater contamination are prohibited from locating
wholly or partially within the Marquette Heights' maximum setback zone boundaries delineated
in Appendix A of this Part .
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED RULE
Section 618.APPENDIX A: Boundaries of Marquette Heights' Maximum Setback Zone
viH
5A
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