Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart I - REQUIREMENTS FOR CLASS V INJECTION WELLS › Section 704.287 - Location in a Groundwater Protection Area or Another Sensitive Area

Current through Register Vol. 48, No. 28, July 12, 2024
a) The owner or
				operator of an existing motor vehicle waste disposal well located in a
				groundwater protection area or another sensitive groundwater area is subject to
				Section
				704.288.
BOARD NOTE: Corresponding
				  40
				  CFR 144.87(a) provides that
				  the "new requirements" apply statewide if the State or the USEPA Region fails
				  to identify sensitive groundwater areas. The Board has interpreted "new
				  requirements" as synonymous with "additional requirements" elsewhere in this
				  Subpart I. Sections
				  14.1 through 14.6 and
				  17.1 through 17.4 of the Act and 35 Ill. Adm. Code 615 through 617 designate
				  protected groundwater resources and allow the designation of other sensitive
				  areas for protection. Further, the Illinois Groundwater Protection Act, and the
				  regulations adopted as 35 Ill. Adm. Code 620 under that statute, protect the
				  quality of all groundwater resources in Illinois.
b) This subsection (b) corresponds with
				40
				CFR 144.87(b), which set
				forth now-past compliance deadlines for identifying groundwater protection
				areas. This statement maintains structural consistency with the federal
				rules.
c) This subsection (c)
				corresponds with
				40
				CFR 144.87(c), which set
				forth now-past compliance deadlines for identifying other sensitive groundwater
				areas. This statement maintains structural consistency with the federal
				rules.
d) Finding Out If a well Is
				in a Groundwater Protection Area or Sensitive Groundwater Area. The Agency must
				make that listing available for public inspection and copying upon request. Any
				interested person may contact the Illinois Environmental Protection Agency,
				Bureau of Water, Division of Public Water Supplies at 1021 North Grand Ave.
				East, P.O. Box 19276, Springfield, Illinois 62794-9276 (217-785-8653) to obtain
				information on the listing or to determine if any Class V injection well is
				situated in a groundwater protection area or another sensitive groundwater
				area.
e) Changes in the Status of
				the State Drinking Water Source Assessment and Protection Program. If the State
				assesses a groundwater protection area for groundwater supplying a new
				community water system or a new non-transient non-community water system, or if
				the State re-delineates the boundaries of a previously delineated groundwater
				protection area to include an additional area, the additional regulations of
				Section
				704.288
				would apply to any motor vehicle waste disposal well in such an area. The
				additional regulations apply to the affected Class V injection well one year
				after the State completes the local assessment for the groundwater protection
				area for the new drinking water system or the new re-delineated area. The
				Agency must extend this deadline for up to one year if it determines that the
				most efficient compliance option for the well is connection to a sanitary sewer
				or installation of new treatment technology and the extension is necessary to
				implement the compliance option.
BOARD NOTE: Any Agency determination of the most efficient
				  compliance option is subject to Board review pursuant to Section 40 of the
				  Act.
f) This subsection (f)
				corresponds with
				40
				CFR 144.87(f), which set
				forth now-past compliance deadlines in the event of a failure to identify other
				sensitive groundwater areas. This statement maintains structural consistency
				with the federal rules.
g)
				Application of Requirements Outside of groundwater Protection Areas and
				Sensitive Groundwater Areas. The Agency must apply the additional requirements
				in Section
				704.288
				to an owner or operator, even if the owner's or operator's well is not located
				in the areas listed in subsection (a), if the Agency determines that the
				application of those additional requirements is necessary to protect human
				health and the environment.
BOARD NOTE: Any Agency determination to apply the
					 additional requirements of Section
					 704.288
					 is subject to Board review pursuant to Section 40 of the Act. The Board has
					 omitted certain segments of corresponding
					 40
					 CFR 144.87 that encouraged State actions,
					 since those segments did not impose requirements on the regulated
					 community.
BOARD NOTE: Derived from
					 40
					 CFR 144.87 (2017).