Section 620.260  Reclassification of Groundwater by Adjusted Standard

Any person may petition the Board for an adjusted standard to reclassify a groundwater under Section 28.1 of the Act and 35 Ill. Adm. Code 104.Subpart D.  In any proceeding to reclassify specific groundwater by adjusted standard, in addition to complying with 35 Ill. Adm. Code 104.406 and Section 28.1(c) of the Act, the petition must contain information to allow the Board to determine:

a)         The specific groundwater for which reclassification is requested, including geographical extent of any aquifers, depth of groundwater, and rate and direction of groundwater flow, and that the specific groundwater exhibits the characteristics of the requested class specified in Section 620.210(b), 620.220(b), 620.230, or 620.240;

b)         Whether the proposed change or use restriction is necessary for economic or social development, including information concerning any negative economic or social impacts of compliance with the currently applicable groundwater quality standards (e.g., job losses, facility closings), as well as an economic analysis contrasting the costs of meeting the current standards with cost savings due to health and environmental benefits resulting from compliance with those standards;

c)         Existing and anticipated uses of the specific groundwater;

d)         Existing and anticipated quality of the specific groundwater;

e)         Existing and anticipated contamination, if any, of the specific groundwater;

f)         Technical feasibility and economic reasonableness of eliminating or reducing contamination of the specific groundwater or of maintaining existing water quality;

g)         The anticipated time period over which contaminants will continue to affect the specific groundwater;

h)         Existing and anticipated impact on any potable water supplies due to contamination;

i)          Availability and cost of alternate water sources or of treatment for users adversely affected;

j)          Negative or positive effect on property values; and

k)         For special resource groundwater, negative or positive effect on:

1)         The quality of surface waters; and

2)         Wetlands, natural areas, and the life contained in wetlands and natural areas, including endangered or threatened species of plant, fish, or wildlife listed under the Endangered Species Act, 16 U.S.C. 1531 et seq., or the Illinois Endangered Species Protection Act [520 ILCS 10].

(Source:  Amended at 49 Ill. Reg. 4488, effective March 28, 2025)