ILLINOIS POLLUTION CONTROL BOARD
    November 20,
    1986
    IN THE MATTER OF:
    )
    PETITION FOR SITE SPECIFIC
    )
    R85—ll
    EXCEPTION TO EFFLUENT STANDARDS
    )
    FOR THE ILLINOIS-AMERICAN WATER
    )
    COMPANY,
    EAST ST.
    LOUIS TREATMENT
    )
    PLANT
    )
    ORDER OF THE BOARD
    (by R.C.
    Flemal):
    This matter comes before the Board
    upon the October
    28,
    1986
    motion of the Illinois—American Water Company (“Company”)
    to
    reopen
    the record
    in
    this proceeding.
    The Company desires this
    result
    so that
    it might submit additional evidence regarding
    alternative
    methods
    of
    treating
    the
    discharges
    from
    its
    East
    St.
    Louis
    plant.
    The Agency filed
    a response
    to the Company’s motion on
    November
    19,
    1986.
    The Agency states that
    it “sees no reason”
    to
    reopen
    the record, and
    that it intends
    to
    implement the Board’s
    September 25,
    1986 Opinion and Order
    in this matter.
    The Company contends that
    the compliance method
    it had
    intended
    to utilize
    in the absence of site—specific relief,
    on—
    site treatment using mechanical centrifuges,
    is “significantly
    less feasible,
    both economically and technologically,
    than
    originally anticipated”.
    A witness
    for the Company previously
    testified at hearing
    in this matter that this treatment method
    would entail $8.5 million
    in capital costs and $150,000 per year
    in operating expenses.
    The Company presently asserts,
    however,
    that the capital costs associated with this method would
    approximate $12.4 million.
    Additionally, the Company believes
    that
    recent
    industry
    experience
    with
    centrifuges
    has
    been
    sufficiently discouraging
    to question whether the treatment
    system would even work properly
    in this application.
    As a consequence of these discoveries,
    the Company intends
    to
    seek Board
    consideration of an alternative treatment method
    which will include the construction of settling lagoons.
    The
    Company believes that the alternative treatment method
    is
    economically
    reasonable
    and
    technologically
    feasible,
    that
    it
    would
    save
    customers
    millions
    of
    dollars,
    and
    that
    it
    offers
    prospect
    of
    improvement
    in
    environmental
    quality.
    The
    Agency
    argues
    that
    the
    Board’s Procedural Rules do not
    provide,
    in the context of regulatory proceedings,
    for motions to
    the Board
    for reconsideration or
    rehearing after
    a final order of
    the Board
    has issued.
    The Agency believes that,
    rather,
    review
    of final
    orders
    in regulatory proceedings must occur
    in the
    context of
    judicial review.
    74-131

    —2--
    The Board notes that contrary to
    the Agency’s assertion,
    motions
    for rehearing or reconsideration may appropriately be
    considered
    by the Board
    in rulemaking proceedings.
    The authority
    to hear such motions
    is implicit
    in the general rulemaking
    authority delegated
    to
    the Board by the Act.
    However, the allowance of rehearing
    is
    a matter of Board
    discretion and should not be lightly granted due
    to the potential
    for abuse.
    If the Board were
    to routinely grant motion’s for
    rehearing, petitioners might be encouraged
    to file an
    initial
    proposal providing the least amount of environmental protection;
    then, upon denial, propose
    a more stringent approach, and upon a
    second denial, propose
    an even more stringent approach.
    Thus,
    the
    rehearing process could become
    a form of negotiation.
    Such
    is not the intent of the Illinois Environmental Protection Act,
    and that process runs seriously counter
    to considerations of
    administrative convenience.
    In
    this
    case,
    the
    Board
    does
    not
    believe
    that
    the
    Company
    has
    intended
    to
    abuse
    the
    regulatory
    process.
    Therefore,
    while
    the
    Board
    will
    scrutinize
    requests
    for
    rehearing
    in
    order
    to
    protect the integrity of the regulatory process,
    in this case the
    Board
    concludes
    that
    the
    record
    in
    this
    matter
    will
    be
    reopened.
    The
    Company
    therefore
    may
    submit
    a
    detailed
    treatment
    proposal for Board consideration.
    The
    Board
    wishes
    to
    note
    that
    in
    the
    record
    to
    date
    the
    Company’s justification
    for relief addressed only the options of
    adherence
    to
    the present effluent limitations versus
    no
    limitations
    at’all.
    Under
    these circumstances, the Board
    found
    in
    favor
    of
    adherence
    to
    the
    present
    limitations.
    It
    would
    appear
    that
    the
    Company
    now
    wishes
    to
    supplement
    the
    record
    and
    thus request the
    Board
    to weigh an intermediate option
    (e.g.
    a
    reduction
    in waste
    load,
    but not necessarily a reduction
    sufficient
    to allow full compliance with current effluent
    standards).
    Should such,
    in fact,
    be true, the
    Company
    may
    additionally
    wish
    to
    propose
    effluent
    limitations
    as
    alternatives
    to those
    found at
    35
    Ill. Adm.
    Code 304.124.
    The Company’s motion
    is granted.
    The revised proposal shall
    be submitted
    to the Board within 60 days.
    After
    Board receipt of
    the proposal,
    the Hearing Officer may set this matter for
    additional hearing.
    IT
    IS SO ORDERED.
    Board member
    B.
    Forcade dissents.
    Board Member
    3.
    Marlin concurs.
    74-132

    —3—
    I,
    Dorothy
    M. Gunn, Clerk of the Illinois Pollution Control
    Board,
    hereby
    certify
    that
    the
    above
    Order
    was
    adopted
    on
    the
    ~
    day
    of
    7~’-~-~j~&..’,
    1986, by a vote of
    ~-/
    2’
    ~-~A
    )7.
    Dorothy
    M.’ Gunn,
    Clerk
    Illinois Pollution Control Board
    74-133

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