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.
