ILLINOIS POLLUTION CONTROL BOARD
September
8,
1988
IN THE MATTER OF:
)
THE PETITION OF THE
)
R86—3
NORTH SHORE SANITARY DISTRICT
)
TO AMEND REGULATIONS
PROPOSED RULE.
SECOND NOTICE
OPINION AND ORDER OF THE BOARD
(by
B.
Forcade):
The North Shore
Sanitary District (hereinafter “NSSD”)
petitioned
the Board
on December
20,
1985 for
a site—specific
effluent limitation
for
its discharges into Lake Michigan from
the excess
flow facilities at Waukegan and North Chicago.
The
Board adopted
for
first notice an amended version of the
requested site—specific rule by its Opinion and Order of April
21,
1988.
This new Section 304.219, 35
Ill. Mm. Code 304.219
(1988), was published
in the Illinois Register for public
comment.
12 Ill.
Reg.
7960
(May 6,
1988).
The 45—day first
notice comment period ended
on June
21,
1988.
The Illinois
Environmental Protection Agency (hereinafter “Agency”) submitted
its comments on August 16,
1988.
Other, non—substantive
comments, were received from NSSD on August
12 and 17,
1988.
These non—substantive comments do not relate to the merits or
substance of the proposed rules.
The commenters generally agree
that the requested rule
is
appropriate,
and neither requests any substantive alteration.
However,
their comments warrant some clarification of the April
21,
1988 Opinion and Order,
and some minor revision of the
language of the rule is warranted.
The Board now proceeds
to
adopt
the proposed rule for second notice publication as modified
in light of the substantive comments received.
The minor
modifications do not affect the scope or substance of the
proposed
rule.
The following discussion
is arranged by
substantive subject.
Monitoring
(Section 304.219(g))
NSSD cites
the fact that weather may impede sampling and
testing from October through April.
The Agency recognizes this,
but cites the fact that overflow events are most likely in
the
late Fall and early Spring.
The Board recognizes that safety
concerns and vessel unavailability may occasionally preclude
sampling, but believes sampling should occur during these months
when possible.
This clarification of the Opinion and Order
warrants
no change
in the language of the rule.
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—2—
The Agency states that its initial
request
for beach
sediment testing intended “concurrent monitoring” with the
offshore monitoring
for background data, but the Agency does not
now request
it or justify
it.
The Agency also comments that the
monitoring
requirement
is unclear,
but the Board believes that
explicit definition of the terms used
in the rule is given
in the
accompanying Opinion and Order.
One necessary clarification of
that Opinion and Order
is that rainfall monitoring at Gurnee was
intended, and NSSD should submit this data to
the Agency.
See
Opinion and Order
of April
21,
1988 at
29.
Because this is
a
site—specific rule,
the definition added by the Opinion and Order
clarifies the rule.
Therefore,
the Board will not revise the
rule or accompanying Opinion and Order.
Plant Design
and Operation
(Sections 304.2l9(b)—(f))
NSSD comments that plant operational constraints will not
always permit operation up to
the peak treatment capacity, and
requests deletion of the word,
“peak,”
where
it appears in
subsections b and
f.
The Agency agrees.
The Board deletes the
word.
At NSSD’s suggestion,
the
Board also revises the phrase,
“times
of normal retention basin maintenance,”
to
the phrase,
“times of normal treatment plant and/or retention basin
maintenance,”
in subsection
f.
The Agency requests that the Board
impose interim project
completion dates
in Section 304.219(c).
The Board does not
believe
this is appropriate
to this site—specific rule.
NSSD
must accomplish
the required facilities expansions before the
given date,
and the Agency is free to monitor progress without
the requested interim dates.
The requirement
for the completion
of this project before
a date certain satisfies the Agency’s
primary concerns,
and the Agency agrees that the reduction of
discharge volumes
is the desired objective.
Error Corrections
(Section 304.219(b)
&
(g))
The Board corrects two minor errors
in the proposed
language.
The Board corrects that portion of subsection b which
reads “requirements shall to North Shore Sanitary District”
to
read “requirements shall
apply to North Shore Sanitary District”
by appropriately inserting “apply.”
The Board corrects that
portion of subsection
g which reads
“shall
immediate embark”
to
read “shall immediately embark” by changing the adjective,
“immediate,”
to
the adverb,
“immediately.”
Summary of Revisions
Subsection
b:
add the word, “apply,”
as the sixth word
of
the
second sentence;
and
delete the word,
“peak,” wherever
it
appears
in this subsection.
92—230
—3—
Subsection
f:
delete the word,
“peak,” wherever
it appears
in this subsection;
and add the words,
“treatment plant and/or,”
as the fifty—sixth through fifty—ninth words of
the subsection.
Subsection g:
replace the word,
“immediate,” with the word,
“immediately,”
as the seventh word of the subsection.
ORDER
The proposed new Section 304.219
is hereby adopted for
Second Notice publication:
TITLE
35:
ENVIRONMENTAL PROTECTION
SUBTITLE C:
WATER POLLUTION
CHAPTER
I:
POLLUTION CONTROL BOARD
PART 304
EFFLUENT STANDARDS
Section
304.201
304. 202
304.203
304. 204
304.205
304.206
304
.
207
304.208
304. 209
304.212
304.213
304.214
304.219
SUBPART
B:
SITE SPECIFIC RULES AND EXCEPTIONS
NOT OF GENERAL APPLICABILITY
Calurnet Treatment Plant Cyanide Discharges
Chlor—alkali Mercury Discharges
in St. Clair
County
Copper Discharges by Olin Corporation
Schoenberger Creek: Groundwater Discharges
John Deere Foundry Discharges
Alton Water Company Treatment Plant Discharges
Galesburg Sanitary District Deoxygenatirig
Wastes Discharges
City of Lockport Treatment Plant Discharges
Wood River
Station Total Suspended Solids
Discharges
Sanitary District of Decatur Discharges
Union Oil Refinery Ammonia Discharge
Mobil Oil Refinery Ammonia Discharge
North
Shore Sanitary District Phosphorus
Discharges
Section 304.219
North Shore Sanitary District Phosphorus
Discharges
a)
This Section applies to discharges
from the North Shore
Sanitary District excess flow discharge facilities at
Waukegari and North Chicago into Lake Michigan
b)
The requirements of Section 304.123(a)
shall
not apply
to the phosphorus content of the North Shore Sanitary
92—231
—4—
District excess flow discharges from Waukegan and North
Chicago
into Lake Michigan.
Instead,
the following
requirements shall apply to North Shore Sanitary
District discharges
into Lake Michigan:
1)
The North
Shore Sanitary District shall discharge
no effluent into Lake Michigan from its Waukegan
treatment plant until
after that plant
has achieved
its maximum treatment flow capacity and
all the
Waukegan treatment plant excess flow retention
reservoirs are full to capacity
2)
The North Shore Sanitary District shall discharge
no effluent into Lake Michigan from its North
Chicago treatment plant until after that plant has
achieved
its maximum treatment flow capacity,
the
North Chicago treatment plant excess
flow retention
reservoirs are full
to capacity,
the maximum
rate
of transfer of
untreated effluent to Gurnee has
been achieved, the Gurnee treatment plant has
achieved
its maximum treatment flow capacity,
and
the Gurnee treatment plant excess flow retention
reservoirs are full
to capacity.
c)
The North Shore Sanitary District shall
increase the
maximum peak
treatment flow capacity of its Waukegan
treatment plant to
at least
44 million gallons per day
before January 1, 1992
d)
The North Shore Sanitary District shall
increase the
maximum peak treatment flow
capacity of its Gurnee
treatment plant
to
39 million gallons
per day before
January
1, 1989
e)
The North Shore Sanitary District shall
increase the
excess flow retention reservoir capacity
at,
its Gurnee
t~eatmentplant to
50 million gallons before January
1,
I~91
f)
The North Shore
Sanitary District shall operate
its
Waukegan or North Chicago treatment plant at
its maximum
treatment flow
capacity durin~ any period
in which less
than 90 percent of the retention reservoir capacity
is
available to receive excess flows
at the relevant
treatment plant, except when such unavailability results
during
times of normal
treatment plant and/or
retention
basin maintenance; and
g)
The North Shore Sanitary District shall immediately
embark on
a program of excess flow and water quality
impact monitoring,
shall periodically submit the data
f~omsuch monitoring
to the Illinois Environmental
Protection Agency (“Agency”),
and shall submit
a
92—232
—5—
comprehensive study of this data and monitoring
for the
period 1987 through 1991 to the Board
and the Agency
before April
1,
1992.
IT IS SO ORDERED
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the above Second
otice Opinion and
Order was adopted
on the
~
day of __________________________
1988,
by
a vote
of
7~
.
~
Dorothy
M. G~n, Clerk
Illinois Poliution Control Board
92—233