Section 620.110  Definitions

 

The definitions of the Environmental Protection Act [415 ILCS 5] and the Groundwater Protection Act [415 ILCS 55] apply to this Part.  The following definitions also apply to this Part.

 

            "Act" means the Environmental Protection Act [415 ILCS 5].

 

            "Agency" means the Illinois Environmental Protection Agency.

 

            "Aquifer" means saturated (with groundwater) soils and geologic materials which are sufficiently permeable to readily yield economically useful quantities of water to wells, springs, or streams under ordinary hydraulic gradients. [415 ILCS 55/3(b)]

 

            "BETX" means the sum of the concentrations of benzene, ethylbenzene, toluene, and xylenes.

 

            "Board" means the Illinois Pollution Control Board.

 

            "Carcinogen" means a contaminant that is classified as a Category A1 or A2 Carcinogen by the American Conference of Governmental Industrial Hygienists; or a Category 1 or 2A/2B carcinogen by the World Health Organization's International Agency for Research on Cancer; or a "Human carcinogen" or "Anticipated Human Carcinogen" by the United States Department of Health and Human Service National Toxicological Program; or a Category A or B1/B2 Carcinogen by the United States Environmental Protection Agency in Integrated Risk Information System or a Final Rule issued in a Federal Register notice by the USEPA. [415 ILCS 5/58.2]

 

            "Community water supply" means a public supply which serves or is intended to serve at least 15 service connections used by residents or regularly serves at least 25 residents. [415 ILCS 5/3.145]

 

            "Contaminant" means any solid, liquid, or gaseous matter, any odor, or any form of energy, from whatever source. [415 ILCS 5/3.165]

 

            "Corrective action process" means those procedures and practices that may be imposed by a regulatory agency when a determination has been made that contamination of groundwater has taken place, and are necessary to address a potential or existing violation of the standards set forth in Subpart D.

 

            "Cumulative impact area" means the area, including the coal mine area permitted under the Surface Coal Mining Land Conservation and Reclamation Act [225 ILCS 720] and 62 Ill. Adm. Code 1700 through 1850, within which impacts resulting from the proposed operation may interact with the impacts of all anticipated mining on surface water and groundwater systems.

 

            "Department" means the Illinois Department of Natural Resources.

 

            "Detection" means the identification of a contaminant in a sample at a value equal to or greater than the:

 

            "Method Detection Limit" or "MDL" means the minimum concentration of a substance that can be measured as reported with 99 percent confidence that the true value is greater than zero, pursuant to 40 CFR 136, appendix B (2006), incorporated by reference at Section 620.125; or

 

            "Method Quantitation Limit" or "MQL" means the minimum concentration of a substance that can be measured and reported pursuant to "Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods", incorporated by reference at Section 620.125.

 

            "Groundwater" means underground water which occurs within the saturated zone and geologic materials where the fluid pressure in the pore space is equal to or greater than atmospheric pressure. [415 ILCS 5/3.210]

 

            "Hydrologic balance" means the relationship between the quality and quantity of water inflow to, water outflow from, and water storage in a hydrologic unit such as a drainage basin, aquifer, soil zone, lake, or reservoir.  It encompasses the dynamic relationships among precipitation, runoff, evaporation, and changes in ground and surface water storage.

 

            "IGPA" means the Illinois Groundwater Protection Act  [415 ILCS 55].

 

            "LOAEL" or "Lowest observable adverse effect level" means the lowest tested concentration of a chemical or substance that produces a statistically significant increase in frequency or severity of non-overt adverse effects between the exposed population and its appropriate control.  LOAEL may be determined for a human population (LOAEL-H) or an animal population (LOAEL-A).

 

            "Licensed Professional Engineer" or "LPE" means a person, corporation, or partnership licensed under the laws of the State of Illinois to practice professional engineering. [415 ILCS 5/57.2]

 

            "Licensed Professional Geologist" or "LPG" means an individual who is licensed under the Professional Geologist Licensing Act to engage in the practice of professional geology in Illinois. [225 ILCS 745/15]

 

            "NOAEL" or "No observable adverse effect level" means the highest tested concentration of a chemical or substance that does not produce a statistically significant increase in frequency or severity of non-overt adverse effects between the exposed population and its appropriate control.  NOAEL may be determined for a human population (NOAEL-H) or an animal population (NOAEL-A).

 

            "Non-community water supply" means a public water supply that is not a community water supply. [415 ILCS 5/3.145]

 

            "Off-site" means not on-site.

 

            "On-site" means on the same or geographically contiguous property that may be divided by public or private right-of-way, provided the entrance and exit between properties is at a crossroads intersection and access is by crossing as opposed to going along the right-of-way.  Noncontiguous properties owned by the same person but connected by a right-of-way that he controls and that the public does not have access to is also considered on-site property.

 

            "Operator" means the person responsible for the operation of a site, facility or unit.

 

            "Owner" means the person who owns a site, facility or unit or part of a site, facility or unit, or who owns the land on which the site, facility or unit is located.

 

            "Potable" means generally fit for human consumption in accordance with accepted water supply principles and practices. [415 ILCS 5/3.340]

 

            "Potential primary source" means any unit at a facility or site not currently subject to a removal or remedial action which:

 

            Is utilized for the treatment, storage, or disposal of any hazardous or special waste not generated at the site; or

 

            Is utilized for the disposal of municipal waste not generated at the site, other than landscape waste and construction and demolition debris; or

 

            Is utilized for the landfilling, land treating, surface impounding or piling of any hazardous or special waste that is generated on the site or at other sites owned, controlled or operated by the same person; or

 

            Stores or accumulates at any time more than 75,000 pounds above ground, or more than 7,500 pounds below ground, of any hazardous substances. [415 ILCS 5/3.345]

 

            "Potential route" means abandoned and improperly plugged wells of all kinds, drainage wells, all injection wells, including closed loop heat pump wells, and any excavation for the discovery, development or production of stone, sand or gravel. This term does not include closed loop heat pump wells using USP (U.S. Pharmacopeia) food grade propylene glycol. [415 ILCS 5/3.350]

 

            "Potential secondary source" means any unit at a facility or a site not currently subject to a removal or remedial action, other than a potential primary source, which:

 

            Is utilized for the landfilling, land treating, or surface impounding of waste that is generated on the site or at other sites owned, controlled or operated by the same person, other than livestock and landscape waste, and construction and demolition debris; or

 

            Stores or accumulates at any time more than 25,000 but not more than 75,000 pounds above ground, or more than 2,500 but not more than 7,500 pounds below ground, of any hazardous substance; or

 

            Stores or accumulates at any time more than 25,000 gallons above ground, or more than 500 gallons below ground, of petroleum, including crude oil or any fraction thereof which is not otherwise specifically listed or designated as a hazardous substance; or

 

            Stores or accumulates pesticides, fertilizers, or road oils for purposes of commercial application or for distribution to retail sales outlets; or

 

            Stores or accumulates at any time more than 50,000 pounds of any de-icing agent; or

 

            Is utilized for handling livestock waste or for treating domestic wastewaters other than private sewage disposal systems as defined in the Private Sewage Disposal Licensing Act [225 ILCS 225]. [415 ILCS 5/3.355]

 

            "Practical Quantitation Limit" or "PQL" means the lowest concentration or level that can be reliably measured within specified limits of precision and accuracy during routine laboratory operating conditions in accordance with "Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods", EPA Publication No. SW-846, incorporated by reference at Section 620.125.

 

            "Previously mined area" means land disturbed or affected by coal mining operations prior to February 1, 1983.

            BOARD NOTE:  February 1, 1983, is the effective date of the Illinois permanent program regulations implementing the Surface Coal Mining Land Conservation and Reclamation Act [225 ILCS 720] as codified in 62 Ill. Adm. Code 1700 through 1850.

 

            "Property class" means the class assigned by a tax assessor to real property for purposes of real estate taxes.

            BOARD NOTE:  The property class (rural property, residential vacant land, residential with dwelling, commercial residence, commercial business, commercial office, or industrial) is identified on the property record card maintained by the tax assessor in accordance with the Illinois Real Property Appraisal Manual (February 1987), published by the Illinois Department of Revenue, Property Tax Administration Bureau.

 

            "Public water supply" means all mains, pipes and structures through which water is obtained and distributed to the public, including wells and well structures, intakes and cribs, pumping stations, treatment plants, reservoirs, storage tanks and appurtenances, collectively or severally, actually used or intended for use for the purpose of furnishing water for drinking or general domestic use and which serve at least 15 service connections or which regularly serve at least 25 persons at least 60 days per year.  A public water supply is either a "community water supply" or a "non-community water supply". [415 ILCS 5/3.365]

 

            "Regulated entity" means a facility or unit regulated for groundwater protection by any State or federal agency.

 

            "Regulatory agency" means the Illinois Environmental Protection Agency, Department of Public Health, Department of Agriculture, the Office of Mines and Minerals in the Department of Natural Resources, and the Office of State Fire Marshal.

 

            "Regulated recharge area" means a compact geographic area, as determined by the Board pursuant to Section 17.4 of the Act, the geology of which renders a potable resource groundwater particularly susceptible to contamination. [415 ILCS 5/3.390]

 

            "Resource groundwater" means groundwater that is presently being, or in the future is capable of being, put to beneficial use by reason of being of suitable quality. [415 ILCS 5/3.430]

 

"Saturated zone" means a subsurface zone in which all the interstices or voids are filled with water under pressure greater than that of the atmosphere. 

 

            "Setback zone" means a geographic area, designated pursuant to this Act, containing a potable water supply well or a potential source or potential route having a continuous boundary, and within which certain prohibitions or regulations are applicable in order to protect groundwaters. [415 ILCS 5/3.450]

 

            "Site" means any location, place, tract of land and facilities, including but not limited to, buildings and improvements used for the purposes subject to regulation or control by the Act or regulations thereunder. [415 ILCS 5/3.460]

 

            "Spring" means a natural surface discharge of an aquifer from rock or soil.

 

            "Threshold dose" means the lowest dose of a chemical at which a specified measurable effect is observed and below which it is not observed.

 

            "Treatment" means the technology, treatment techniques, or other procedures for compliance with 35 Ill. Adm. Code,  Subtitle F.

 

            "Unit" means any device, mechanism, equipment, or area (exclusive of land utilized only for agricultural production). [415 ILCS 5/3.515]

 

            "USEPA" means the United States Environmental Protection Agency.

 

"Wellhead protection area" or "WHPA" means the surface and subsurface recharge area surrounding a community water supply well or well field, delineated outside of any applicable setback zones (pursuant to Section 17.1 of the Act [415 ILCS 5/17.1]), and pursuant to Illinois' Wellhead Protection Program, through which contaminants are reasonably likely to move toward such well or well field.

 

"Wellhead Protection Program" or "WHPP" means the wellhead protection program for the State of Illinois, approved by USEPA under 42 USC 300h-7.

BOARD NOTE:  Derived from 40 CFR 141.71(b) (2003).  The wellhead protection program includes the "groundwater protection needs assessment" under Section 17.1 of the Act [415 ILCS 5/17.1] and 35 Ill. Adm. Code 615-617.

 

(Source:  Amended at 36 Ill. Reg. 15206, effective October 5, 2012)