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Right-to-Know Legislation Better Informs Illinois Citizens
In recent years, the Illinois Environmental Protection Agency (Illinois EPA
or Agency) has become aware of contamination in the environment in certain
areas of the state that threatens the safety of drinking water supplies from
groundwater sources. Experience from working on multiple sites where commonly
used commercial and industrial solvents migrated into the groundwater from
soil contamination highlighted the need for early notification to nearby private
well owners so individuals can test their water and make important decisions
that may impact their families’ health.
The
law may be found in the Environmental
Protection Act at 415 ILCS 5/25d-1 – 25d-10
(P.A. 94-314).
The law mandates that the Illinois EPA give timely notification to Illinois
citizens about contamination in soil or groundwater that may threaten public
health. This is specifically in reference to contamination that originates
from permitted facilities or other sites in Illinois EPA programs, and the
contamination is measured or modeled to pose an off-site threat of exposure
to the public. In certain circumstances, responsible parties or remedial applicants
may be allowed to issue the notification as part of Agency-approved community
relations activities.
With input from citizens and business, Illinois EPA has developed regulations
to implement the law that were approved by the Illinois Pollution Control Board
(Board). The regulations, at 35 Ill. Adm. Code 1600, describe requirements
for identifying drinking water wells in an area of concern and for performing
community relations activities to notify and establish communication with the
public who may be affected by contamination.
| What is the process for this notification? |
Illinois EPA developed a plan to review and prioritize
existing permitted facilities and cleanup sites to which the law applies.
New sites are being screened as they enter a program and information becomes
available.
Depending upon the nature and extent of the release, and taking into
account notification and community relations work that has already been
done, Illinois EPA will offer the responsible party or remedial applicant
performing the cleanup an opportunity to make the notification. The Illinois
EPA will review and approve the outreach plan and method of notification
as well as the notification itself. If the party declines to do so, the
Agency will make the notification. |
| What form will the notice take? |
The notification may take different forms based on
site-specific circumstances and use of the best available methods to reach
the intended audience. Usually, the notification that will be mailed to
individual residents will include a cover letter and a fact sheet about
the specific site of concern. Also, it may be in the form of a public notice
or news release to a local newspaper. The notifications will be posted
on the Illinois EPA web site. |
| Is the Illinois Department of Public Health
involved in these notifications? |
Yes. Illinois EPA will confer with the Illinois
Department of Public Health (IDPH) in each situation where there is concern
for potential health impacts to Illinois citizens. Illinois EPA will
also work closely with county and local health departments that wish
to be involved in the notification process and in the dialogue with the
interested public. |
| How far do the notifications extend from
a given site? |
Notifications will be given to owners of private
wells that are within 200 feet of any measured or modeled groundwater
contamination from a given site. Notification will also be given to property
owners where soil contamination from a site has been identified above
state health-based cleanup values. In addition, persons or facilities
within 1000 feet of a contaminated site with an interest in knowing more
about the situation may be included in a notification (e.g., nursing
home or school administrator). |
| How is this notification better than what
the Agency did in the past? |
Prior to the new law, the Agency attempted to keep
citizens advised about known contamination from certain types of sites
where community relations activities were required or needed based on
citizen concerns or interest. Many clean up sites did not fall
into these categories, and the responsible party or remedial applicant
performed community relations work on their own initiative, if at all.
The current notification process will include more types of sites and
will notify nearby residents in a timely manner about threats from soil
or groundwater contamination. The goal is for citizens to be in a position
to make informed decisions to avoid or minimize exposure to
contamination from environmental sources.
New Internet geographic information system (GIS) tools, combined with
an Agency evaluation process for screening threats to
off-site water wells, are now in place to help identify sites where notification
is needed. |
Will someone test my well for contamination? |
Not necessarily. The new law requires notification
to well owners about potential contamination threats but does not provide
resources for testing. In certain circumstances, the Agency may
request that a responsible party perform well testing with state oversight,
using standard procedures and a certified laboratory. If the Agency
is conducting a source investigation, it is possible that some private
wells in an area of concern may be sampled to determine the nature and
extent of contamination. |
| How are private wells identified so that
well owners can be notified? |
The Illinois Department of Public Health, U. S.
and Illinois State Geological Surveys, and Illinois
State Water Survey have assisted Illinois EPA in developing an inventory
of private wells and
public water systems (including non-community wells). This information
may be viewed and accessed through an easy-to-use Internet GIS by state
agency staff, local health departments and consultants
for business that are approved for such access. While this website
will not show every private well, it is a good indicator that private wells
are located in a given area and establishes a need to notify, if
contamination is identified in that area. |
| What if the contamination of concern is just
soil contamination? |
If Illinois EPA determines that uncontrolled, off-site
soil contamination, at levels greater than state health-based cleanup
values, poses a threat to residents near a site, notification will occur.
Additionally, if the soil contamination is the type that can migrate
to groundwater, notification will be provided to private well users in
the area whose wells are potentially threatened.
Illinois EPA is also concerned about the potential for contaminant vapors
(from groundwater or soil contamination) that could migrate into residents’ homes
and will notify residents of such a threat. |
| What information do the regulations cover? |
The regulations establish requirements for how to
perform satisfactory well surveys and community relations activities
to notify the public and establish an ongoing dialogue about environmental
contamination. New regulations also were adopted by the Illinois EPA
to provide for recovery of costs from responsible parties if the Agency
performs the notification process. The regulations may be viewed at:
http://www.ipcb.state.il.us/SLR/IPCBandIEPAEnvironmentalRegulations-Title35.asp Look under Subtitle O, Chapter I, Part 1600 and Chapter II, Part 1662. |
For more information, you may contact:
Carol
Fuller, Illinois EPA
Community Relations Coordinator
1021 N. Grand Ave. E., P.O. Box 19276
Springfield, Illinois 62702
(217) 524-8807 |
Kurt Neibergall , Illinois
EPA
Community Relations Coordinator
1021 N. Grand Ave. E., P.O. Box 19276
Springfield, Illinois 62702
(217) 785-3819 |
Links for more information:
Illinoiswellwater.org – This website contains
valuable information for private well users in the state. It has links
to fact sheets and additional information from U.S. EPA, the Illinois Department
of Public Health and other sources, and will help well owners
stay informed about well safety and learn how to sample their well and have
their water analyzed by a certified laboratory.
Performing
Well Surveys – A
fact sheet developed by Illinois EPA
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