Ill. Admin. Code tit. 35, § 611.110 - Special Exception Permits

a) The Agency must evaluate a request for a SEP from the monitoring requirements of Section 611.601, 611.602, or 611.603 (IOCs, excluding the Section 611.603 monitoring frequency requirements for cyanide); Section 611.646(e) and (f) (Phase I, Phase II, and Phase V VOCs); Section 611.646(d), only as to initial monitoring for 1,2,4-trichlorobenzene; or Section 611.648(d) (for Phase II, Phase IIB, and Phase V SOCs) on the basis of knowledge of previous use (including transport, storage, or disposal) of the contaminant in the watershed or zone of influence of the system, as determined under 35 Ill. Adm. Code 671.

BOARD NOTE: The Agency must grant a SEP from the Section 611.603 monitoring frequency requirements for cyanide only on the basis of subsection (c), not on the basis of this subsection (a).

1) If the Agency determines that there was no prior use of the contaminant, it must grant the SEP; or
2) If the contaminant was previously used or the previous use was unknown, the Agency must consider the following factors:
A) Previous analytical results;
B) The proximity of the system to any possible point source of contamination (including spills or leaks at or near a water treatment facility; at manufacturing, distribution, or storage facilities; from hazardous and municipal waste land fills; or from waste handling or treatment facilities) or non-point source of contamination (including the use of pesticides and other land application uses of the contaminant);
C) The environmental persistence and transport of the contaminant;
D) How well the water source is protected against contamination, including whether it is a SWS or a GWS.
i) A GWS must consider well depth, soil type, well casing integrity, and wellhead protection; and
ii) A SWS must consider watershed protection;
E) For Phase II, Phase IIB, and Phase V SOCs, as follows:
i) Elevated nitrate levels at the water source; and
ii) The use of PCBs in equipment used in the production, storage, or distribution of water (including pumps, transformers, etc.); and
F) For Phase I, Phase II, and Phase V VOCs (under Section 611.646): the number of persons served by the PWS and the proximity of a smaller system to a larger one.
b) If a supplier refuses to provide any necessary additional information requested by the Agency, or if a supplier delivers any necessary information late in the Agency's deliberations on a request, the Agency may deny the requested SEP or grant the SEP with conditions within the time allowed by law.
c) The Agency must grant a supplier a SEP that allows it to discontinue monitoring for cyanide if it determines that the supplier's water is not vulnerable due to a lack of any industrial source of cyanide.

Notes

Ill. Admin. Code tit. 35, § 611.110

Amended at 28 Ill. Reg. 5269, effective March 10, 2004

Amended at 42 Ill. Reg. 1140, effective 1/4/2018 Amended at 43 Ill. Reg. 8206, effective 7/26/2019

BOARD NOTE: Subsection (a) is derived from 40 CFR 141.24(f)(8) and (h)(6) (2016). Subsection (b is derived from 40 CFR 141.82(d)(2), and 141.83(b)(2) (2016). Subsection (c) is derived from 40 CFR 141.23(c)(2) (2016). USEPA has reserved the discretion, at 40 CFR 142.18 (2016), to review and nullify Agency determinations of the types made under Sections 611.602, 611.603, 611.646, and 611.648 and the discretion, at 40 CFR 141.82(i), 141.83(b)(7), and 142.19 (2016), to establish federal standards for any supplier, superseding any Agency determination made under Sections 611.352(d), 611.352(f), 611.353(b)(2), and 611.353(b)(4).

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