June 29, 2006

Amy C . Antoniolli

Hearing Officer

Illinois Pollution Control Board

100 West Randolph, Suite 11-500

Chicago, Illinois 60601

Bernadette Dinschel

4713 Elm Street

Lisle, Illinois 60532-1981

(630) 969-1631

Subject

Standards

R06-23

and Requirements for Potable Water Well Surveys and for Community

Relations Activities Performed in Conjunction with Agency Notices of Threats from

Contamination .

Dear Ms

. Antoniolli:

Having given testimony as a citizen and heard testimony on this matter, I am providing

to the Board and those individuals on the service list the following comments for

consideration .

1 . Notification

.

Under this ruling occupants will be notified only if property owners take responsible

action to inform them, or if the Agency or responsible party decides that identifying

occupants is reasonably practicable

. First, this ruling does not require that property

owners provide notice to occupants

. It does not provide direction to property owners for

giving notice to occupants, nor does it control the accuracy of the content of the notice

to be given to occupants by the property owner

. Left to one's own discretion, if a

property owner provides notice, the content of the notice may be written in the best

interest of the property owner and not in the best interest of the occupant who could

otherwise receive direct, accurate information from the Agency or responsible party

.

Second, what is reasonably practicable? For example, the Agency identifies me as the

responsible party to give notice

. I accept the responsibility .

A reasonably impracticable

scenario follows

: A new production schedule driven by over seas demands is put in

place

; new hires are not in the budget

; management staff has already been outsourced

RECEIVED

CLERKS OFFICE

JUN 2 9 2006

Pollution

STATE OFControl

ILLINOIS

Board

---

to control costs

; I want to comply with R06-23 Notification

.

I decide to notify property

owners

. I simply do not have the resources (staff or time) to identify occupants and

meet the time frame required for Notification

. An attorney can make the case for this or

any logical group of circumstances very persuasively

. And so the occupants are not

notified

. As an occupant I would not like to find out that company profits or

organizational shortcomings was the reason for not receiving direct notification

. The

term "reasonably practicable" needs to be clearly defined

.

2 . Enforcement

.

There has been no discussion of enforcement, binding consequences, or fines resulting

from non-compliance with R06-23

. So I am asking the following question

. "By what

means can the Agency or the responsible party be held accountable?"

If the answer

lies outside this ruling, perhaps the ruling can at least refer to the public right to hold the

Agency or responsible party accountable and also refer to the means by which they can

be held accountable .

3

. Repository.

It is necessary that a physical document repository be available to those people who do

not have access to the World Wide Web

. I did not have personal access to the World

Wide Web, so I relied heavily on the physical repository that was established at the

library in Lisle, Illinois to keep informed about the details and consequences of the

Trichloroethylene (TCE) spill that occurred in our area

.

I was also able to support my

testimony before this Board using repository documents

.

4

. The IEPA Voluntary Remediation Program (VRP)

.

In January, 2003, two years since it was uncovered that The Lockformer Company, a

participant in the VRP, was not required to notify anyone of the TCE spill or required to

clean up the contaminant, the United States Environmental Protection Agency (USEPA)

and the Illinois Environmental Protection Agency (IEPA) made a joint presentation to a

Citizens Advisory Group (CAG) at the village hall in Lisle, Illinois

. They defined the

court ordered emergency cleanup procedures that would take place over the next 2

plus years to rid the sand/gravel and clay layers of TCE on the Lockformer site

.

I asked

an IEPA representative who was present that evening whether a spill of this type could

ever go without notice again

. The answer to my question was stunning

. " We (IEPA)

just follow the law

. If you don't like the law, change it .

Just to be clear, I pose these

two questions

. Does participation in the VRP shield in any way its participants from

compliance with this ruling? Are the directives of the VRP a contradiction in any way to

this ruling?

Thank you for receiving these comments .

Sincerely,

Bernadette Dinschel

Resident, Lisle, Illinois