Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart I - REQUIREMENTS FOR CLASS V INJECTION WELLS › Section 704.286 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"State drinking water source assessment and protection
				  program" is a new approach to protecting drinking water sources, specified in
				  section 1453 of the 1996 Amendments to the Safe Drinking Water Act (
				  42 USC
				  300j-13 ).
BOARD NOTE: Under the federal requirements, states must
				  prepare and submit for USEPA approval a program that sets out how each state
				  must conduct local assessments, including the following: delineating the
				  boundaries of areas providing source waters for public water systems;
				  identifying significant potential sources of contaminants in such areas; and
				  determining the susceptibility of public water systems in the delineated areas
				  to the inventoried sources of contamination. The Illinois Groundwater
				  Protection Act and the regulations at 35 Ill. Adm. Code 620 adopted pursuant to
				  that law and Sections
				  14.1 through 14.6 and
				  17.1 through 17.4 of the Environmental Protection Act and the regulations at 35
				  Ill. Adm. Code 615 through 617 adopted under those provisions are major
				  segments of the required Illinois program.
"Complete local source water assessment for groundwater
				  protection areas". When USEPA has approved a state's drinking water source
				  assessment and protection program, the state must begin to conduct local
				  assessments for each public water system in that state. For the purposes of
				  this Subpart I, local assessments for community water systems and non-transient
				  non-community systems are complete when the four following requirements are
				  met:
The State must delineate the boundaries of the assessment
				  area for community and non-transient non-community water systems, as such are
				  defined in 35 Ill. Adm. Code
				  611.101;
The State must identify significant potential sources of
				  contamination in these delineated areas;
The State must determine the susceptibility of community and
				  non-transient non-community water systems in the delineated area to such
				  contaminants; and
The Agency must make the completed assessments available to
				  the public.
BOARD NOTE: The Agency administers the "Illinois Source Water
				  Assessment and Protection Program", which is intended to comply with the
				  federal source water assessment requirements of SDWA Section 1453 (
				  42 USC
				  300j-13 ).
"Groundwater protection area" is a geographic area near or
				  surrounding a community or non-transient non-community water system, as defined
				  in 35 Ill. Adm. Code 611.101, that uses groundwater as a source of drinking
				  water. For the purposes of this Subpart I, the Board considers a "setback
				  zone", as defined in Section 3.450 of the Act and regulated pursuant to
				  Sections
				  14.1 through 14.6 of the
				  Act, to be a "groundwater protection area", as intended by corresponding
				  40 CFR
				  144.86(c). (See 35 Ill. Adm.
				  Code 615 and 616.) These areas receive priority for the protection of drinking
				  water supplies and federal law requires the State to delineate and assess these
				  areas under section 1453 of the federal Safe Drinking Water Act,
				  42 USC
				  300j-13. The additional requirements in
				  Section
				  704.288
				  apply to an owner or operator if its Class V motor vehicle waste disposal well
				  is in a groundwater protection area for either a community water system or a
				  non-transient non-community water system. BOARD NOTE: USEPA stated in
				  corresponding
				  40 CFR
				  144.86(c) that in many
				  states these areas will be the same as wellhead protection areas delineated as
				  described in section 1428 of the federal SDWA (
				  42 USC
				  300h-7 ).
"Community water system", as defined in 35 Ill. Adm. Code
				  611.101, is a public water system that serves at least 15 service connections
				  used by year-round residents or which regularly serves at least 25 year-round
				  residents.
"Non-transient, non-community water system", as defined in 35
				  Ill. Adm. Code 611.101, is a water system that is not a community water system
				  and which regularly serves at least 25 of the same people over six months a
				  year. These may include systems that provide water to schools, day care
				  centers, government or military installations, manufacturers, hospitals or
				  nursing homes, office buildings, and other facilities.
"Delineation". Once the State's drinking water source
				  assessment and protection program is approved by USEPA, the State must begin
				  delineating its local assessment areas. "Delineation" is the first step in the
				  assessment process in which the boundaries of groundwater protection areas are
				  identified.
"Other sensitive groundwater areas". The State may also
				  identify other areas in the State in addition to groundwater protection areas
				  that are critical to protecting USDWs from contamination. For the purposes of
				  this Subpart I, the Board considers a "regulated recharge area", as defined in
				  Section 3.390 of the Act and regulated pursuant to Sections 17.1 through 17.4
				  of the Act, to be an "other sensitive groundwater area", as intended by
				  corresponding
				  40 CFR
				  144.86(g). (See 35 Ill. Adm.
				  Code 615 through 617.) These other sensitive groundwater areas may include
				  areas such as areas overlying sole-source aquifers; highly productive aquifers
				  supplying private wells; continuous and highly productive aquifers at points
				  distant from public water supply wells; areas where water supply aquifers are
				  recharged; karst aquifers that discharge to surface reservoirs serving as
				  public water supplies; vulnerable or sensitive hydrogeologic settings, such as
				  glacial outwash deposits, eolian sands, and fractured volcanic rock; and areas
				  of special concern selected based on a combination of factors, such as
				  hydrogeologic sensitivity, depth to groundwater, significance as a drinking
				  water source, and prevailing land-use practices.
BOARD NOTE: Derived from
					 40 CFR
					 144.86 (2017).