ILLINOIS POLLUTION CONTROL BOARD
December 1,
1994
In the Matter of
:
)
)
PETITION OF THE CITY OF
)
AS 94-9
SPRINGFIELD, OFFICE OF PUBLIC
)
(Adjusted Standard)
UTILITIES FOR AN ADJUSTED
)
STANDARD FROM 35
Ill. Adm. Code
)
302.208(e)
)
OPINION
AND
ORDER OF THE BOARD
(by G.
T. Girard):
This matter is before the Board on a petition for an
adjusted standard filed by the City of Springfield Office of
Public Utilities,
City Water, Light and Power
(CWLP).
CWLP is
seeking an adjusted standard from the Board’s water quality
standard for boron which is found at 35 Ill. Adm. Code
302.208 (e).
CWLP is requesting that the Board grant an adjusted
standard for Sugar Creek below Spaulding Dam on Lake Springfield,
an identified portion of the South Fork of the Sangamon River
(South Fork)
and an identified portion of the Sangamon River
(Sangamon).
CWLP filed its petition on May 4,
1994 and filed an
amendment to the petition on July 18,
1994.
The Illinois
Environmental Protection Agency (Agency) filed a response to the
petition instanter on August 17,
1994.
CWLP waived hearing and
the Board did not receive a request for a hearing, so no hearing
was held.
Based upon the record and upon review of the factors
involved in the consideration of adjusted standards,
the Board
finds that CWLP has demonstrated that grant of the requested
adjusted standard is warranted.
Accordingly, the adjusted
standard will be granted.
ADJUSTED
STANDARD
PROCEDURE
The
Board’s
responsibility
in
this
matter
arises
from
the
Environmental Protection Act
(Act)
(415 ILCS 5/1 et seq.).
The
Board is charged therein to “determine,
define and implement the
environmental control standards applicable in the State of
Illinois”
(415 ILCS 5/5(b))
and to “grant
***
an adjusted
standard for persons who can justify such an adjustment”
(415
ILCS 5/28/1(a)).
More generally, the Board’s responsibility in
this matter is based on the system of checks and balances
integral to Illinois environmental governance:
the Board is
charged with the rulemaking and principal adjudicatory functions,
and the Agency is responsible for carrying out the principal
administrative duties.
The Act provides that a petitioner may request, and the
Board may impose, an environmental standard that is different
2
from the standard that would otherwise apply to the petitioner as
the consequence of the operation of a rule of general
applicability.
Such a standard is called an adjusted standard.
The general procedures that govern an adjusted standard
proceeding are found at Section 28.1 of the Act and within the
Board’s procedural rules at 35 111. Adm. Code 106.
Where,
as here, the regulation of general applicability does
not specify a level of justification required for a petitioner to
qualify for an adjusted standard, the Act at Section 28.1(c)
specifies four demonstrations that must be made by a successful
petitioner:
1)
Factors relating to that petitioner are substantially
and significantly different from the factors relied
upon by the Board in adopting the general regulation
applicable to that petitioner;
2)
The existence of those factors justifies an adjusted
standard;
3)
The requested standard will not result in environmental
or health effects substantially or significantly more
adverse than the effects considered by the Board in
adopting the rule of general applicability; and
4)
The adjusted standard is consistent with any applicable
federal law.
RULES OF GENERAL APPLICABILITY
The Board’s general effluent regulations do not include
specific limitations for boron.
However, they do prohibit any
discharge that would cause or contribute to a violation of any
water quality standard
(35 Ill. Adm. Code 304.105); there is a
water quality standard for boron.
In the instant case, the pertinent water quality standard is
given in the Board’s General Use Water Quality Standards found at
35 Ill. Adm. Code 302.208.
The General Use Water Quality
Standard for boron
is 1.0 mg/L.
The intent of the water quality
standards is to protect aquatic life and to safeguard the quality
of water of the state for consumptive uses,
including public
water supply.
These standards apply in Sugar Creek,
South Fork,
and the Sangamon River.
FACILITY DESCRIPTION
AND
DISCHARGE LEVELS
CWLP operates two generating stations and a water
purification plant at 3100 Stevenson Drive,
Springfield,
Sangamon
County,
Illinois.
The two generating stations are comprised of
five coal fired units,
four of which consist of cyclone boilers
3
and one which is tangentially-fired.
(Pet.
at
5•)1
CWLP burns
coal obtained from the Turns Coal Company at Elkhart, Illinois
under a 1980 contract.
(Id.)
CWLP began operating the
generating stations in 1935 and currently employs approximately
220 persons at the generating stations and an additional 21 at
the water purification plant.
(Pet.
at 5-6.)
CWLP consumes approximately 950,000 tons of coal per year on
the average and the ash handling practices of CWLP are similar to
those at many other coal-fired plants.
(Pet.
at 6.)
Bottom ash
and fly ash from all units are sluiced to ash ponds with sluice
water obtained from circulating cooling water systems for the
boilers.
(Id.)
CWLP operates two ash ponds.
The south ash pond
also receives effluent transporting the lime sludge from the
water treatment plant and the north ash pond also receives the
water collected from the scrubber sludge landfill adjacent to the
ash ponds.
(Pet. at 6.)
Ash is held and collected in the ponds.
(Id.)
CWLP’S water discharge (NPDES)2 permit covers 16 outfalls of
which only three
(outfalls 003,
004,
006) are subject to
monitoring for the general water quality standards.
(Pet.
at 6.)
Outfall 006 is not subject to this proceeding because it is
operated infrequently.
Outfall 006 has historically been used
only during drought events to supplement the water supply in Lake
Springfield.
Between 1976 and 1990 outfall 006 was operated only
during four drought episodes and has not been operated since
1990.
(Pet.
at 7-8.)
Outfall 003 and Outfall 004 produce the
discharges which are at issue in this proceeding.
Outfall 003
is
located at Spaulding Dam on Lake Springfield and Outfall 004 is
located just downstream from the dam.
(Am. Pet.
at 2.)
Outfall 003
is the discharge of stormwater runoff from the
Lakeside Power Plant.
The effluent is routed from the power
plant by an underground pipe which discharges into the Sugar
Creek channel near the east side of the spillway behind Spaulding
Dam.
(Pet.
at 6-7; Am. Pet. at 2.)
CWLP indicates that the
discharge from outfall 003 may contain boron from the actual
discharge area as a result of accumulations of ash in the area
caused by abandoned operational practices.
CWLP states that
1
The CWLP petition will be cited as “Pet.
at
_“;
Exhibits
to the petitioner will be cited as
“Exh.
—
at
_“;
the amended
petition will be cited as “Am.
Pet. at
_“;
the Agency
recommendation will be cited as “Ag. Rec. at
“.
2
Water discharge permits are governed by the federal
National Pollution Discharge Elimination System (NPDES)
laws and
are
commonly
referred
to
as
“NPDES
Permits”.
4
cleaning efforts alleviate the impact only temporarily.
(Pet. at
7.)
Outfall 004 discharges into Sugar Creek just below Spaulding
Dam
(Am.
Pet. at
2) from the clarification pond which receives
the ash pond discharges.
(Pet. at 7.)
When the elevation of
Lake Springfield exceeds 560 feet above mean sea level
(MSL),
flow goes over the gates of Spaulding Dam and enters the channel
of Sugar Creek.
When the lake elevation is less than 560 MSL, no
flow enters Sugar Creek except minor leakage through the dam
gates.
Therefore, when Lake Springfield elevation is less than
560 MSL the discharge from Outfall 004 is virtually the only flow
entering Sugar Creek.
(Am. Pet, at 2.)
Boron is contained in
this discharge as a result of direct contact with coal ash.
The
approximate volume of effluent created by the ash transport
system and ash ponds
is 6.98 million gallons per day
(MGD) with
other discharges to the ash pond of approximately 0.95 MGD.
(Pet.
at 7.)
The total average discharge from outfall 004
is
7.93 MGD.
(Id.)
Recorded levels of boron for outfalls 003 and 004 during the
period from January 1987 to October 1992 indicated that the
standard of 1.0 mg/l cannot be met.
(Exh.
1 at 4-9, 4—10.)
Outfall 003 averaged 4.51 mg/i with a minimum level of .06 mg/i
and a maximum of 18.70 mg/i during that time period.
(Exh.
1 at
4—11,
4—12.)
Outfall 004 had boron levels ranging from 1.80 mg/i
to 10.19 mg/i with an average of 6.12 mg/l.
(Id.)
Sugar Creek empties into the South Fork four miles east of
Springfield and approximately seven miles northeast of outfalls
003 and 004.
(Pet.
at 10.)
Sugar Creek is a series of pools and
riffles and its flow is primarily the outflow from Lake
Springfield at Spaulding Dam.
(Pet.
at 10.)
Potential outflow
rates range from 16.8 mgd when the lake level is 560.1 MSL, to
187 MGD when the lake level is 560.5 MSL.
(Am. Pet.
at 3.)
During times when there is no outflow from the lake, the
discharge from outfall 004 represents the actual flow of Sugar
Creek downstream to the discharge point of the Springfield
Metropolitan Sanitary District (SMSD).
(Am. Pet. at 3.)
The
SNSD discharges approximately 10 MGD from a point 2½ miles below
Spauiding Dam.
(Pet.
at 10.)
CWLP
maintains that there are no
withdrawals from Sugar Creek below Spaulding Dam for agricultural
or public ware supply purposes.
(Pet.
at 10.)
Further, there
are no withdrawals from the portion of the South Fork in the very
short reach between Sugar Creek and the Sangamon River.
The Sangamon River is approximately 250 miles
long.
The
River is impounded at Decatur,
Illinois, to form Lake Decatur.
There are no withdrawals of water for agricultural purposes or
public, water supply between its confluence with the South Fork
and its confluence with Spring Creek.
(Pet.
at 11;
Exh.
1 at 3-
8.)
Brookdale Development,
Inc., has applied for a permit to
5
construct a raw water intake structure east of the 1—55 Loop
Bridge (Peoria Road)
in the Northwest Quarter of Section
1,
Township 10 North Range 5 West, Sangamon County.
(Pet.
at 11.)
This intake would serve a pumping station to augment irrigation
water supplies at the Rail Golf Course at Sherman,
Illinois.
(Id.)
This project has not yet been permitted by the Illinois
Department of Transportation.
(Id.)
There are several permitted discharges to the Sangamon at
the reaches for which an adjusted standard is requested including
the Decatur sewage treatment plant which discharges below the dam
at Lake Decatur.
(Pet.
at 11.)
These are primarily small sewage
treatment sources and storm water discharges.
(Pet. at 11;
Exh.
1 at 3—9.)
RELIEF REOUESTED
CWLP requests an adjusted water quality standard for boron
(Pet.
at 1)
from the Board’s general standard found at Section
302 .208
(e).
The adjusted water quality standards that are
requested
decrease
downstream
as
follows:
1.
11.0
mg/i
for
boron on Sugar Creek from CWLP’s Outfall
003
at
Spaulding
Dam
to
Sugar
Creek’s confluence with
the
SMSD
Sugar
Creek
Plant
Outfall
008
in the Northeast
Quarter
of
Section
31,
Clear Lake Township, Sangamon
County;
2
5.5 mg/i for boron from the discharge of the SMSD plant
outfall on Sugar Creek to the confluence of Sugar Creek
with the South Fork of the Sangamon River; and
3
2.0 mg/i for boron from the confluence of Sugar Creek
and the South Fork of the Sangamon Rivers to 100 yards
downstream of the confluence of the Sangamon River with
Spring Creek in the Northeast Quarter of Section 10,
Springfield Township, Sangamon County.
COMPLIANCE ALTERNATIVES
CWLP considered four alternative approaches for complying
with the final effluent limitation for boron for outfalls 003 and
004.
(Pet.
at 13.)
Those four alternatives were:
1.
Treatment of clarification pond discharges using boron
specific ion exchange;
2.
Treatment of clarification pond discharges using
reverse osmosis/mechanical evaporation;
3.
Removal of fly ash from the site in a dry condition;
and
6
4.
Use of alternative fuels in place of Illinois coal.
(Pet. at 13.)
Alternatives
1 and 2 are treatment-based while
3 and 4 would
require operating changes.
(Pet. at 13.)
Treatment of the discharge using a selective ion exchange
process is reportedly capable of removing 90 per cent of the
boron.
(Pet.
at 14.)
This process would require installation of
ion exchange vessels, sulfuric acid or hydrochloric acid storage
tanks for resin regeneration, and chemical feed equipment.
(Pet.
at 14.)
It may also be necessary to install filters to remove
suspended solids from the discharge for this process.
(Id.)
Physical space limitations at Outfalls 003 and 004 may make such
installations impractical.
(Exh.
1 at 6—1.)
Further,
regeneration of the resin would itself produce a wastewater very
high in boron.
(Pet.
at 14.)
The cost of this option would be a
capital cost of $11,900,000 with an annual operating cost of
$380,000.
(Exh.
1 at 6—6.)
Reverse osmosis/mechanical evaporation is a process where
moderate pressure is utilized to force water through semi-
permeable membranes which are relatively impervious to ions such
as boron.
(Pet.
at 15.)
Depending on the pH of the effluent,
60
to 98 percent of the boron could be removed; however, 20 to 30
percent of the effluent would not penetrate the membrane.
(Id.)
This system would require pretreatment of the effluent with
filters and a scale inhibitor to protect the membranes, requiring
the installation of equipment and vessels.
(Id.)
A mechanical
evaporator and spray dryer would also be necessary to allow the
wastewater which would not penetrate the membranes to evaporate.
The resulting dry product would then require landfilling.
(Exh.
1 at 6-3.)
The cost of this option would be a capital cost of
$49,900,000 with an annual operating cost of $2,410,000.
(Exh.
1
at 6—6.)
One of the operating changes which was considered was to
convert to a dry ash system.
Dry fly ash is carried to a storage
silo and then transported to a landfill.
(Exh.
1 at 6—3.)
The
cost of this option would be a capital cost of $11,905,000 with
and annual operating cost of $450,000.
(Exh.
1 at 6-6.)
Another
operating change considered was to switch to a lower boron coal.
This would require modifications to coal handling systems,
boilers and precipitators because of the nature of low sulfur
coal.
(Pet. at 16.)
The cost of this option would be an annual
operating cost of $4,509,000.
(Exh.
1 at 6—6.)
The Agency states that compliance with the boron water
quality standard of 1.0 mg/L is neither technically feasible or
economically reasonable.
(Ag. Rec. at 1.)
The Agency states
that all coal ash contains relatively high amounts of boron and
“all known coal ash settling ponds in Illinois have levels of
7
dissolved boron that exceed 1.0 mg/l”.
(Ag. Rec. at 2.)
Therefore, according to the Agency, all such discharges require
relief from the boron water quality standard either through
mixing zones or other relief.
(Ag. Rec. at 2.)
The Agency
states that there are currently two adjusted standards and one
site-specific rule granted by the Board giving boron relief for
discharges from coal ash ponds.
(Id.)
The Agency also states
that in all those proceedings the Agency has agreed that
treatment to remove boron from the ash ponds effluent or change
over to a dry ash handling system are either technically
infeasible or economically unreasonable.
(Id.)
HEALTH AND ENVIRONMENTAL EFFECTS
The Agency has conducted macroinvertebrate studies on Sugar
Creek on a reach of the stream containing 3.9 miles, and
encompassing the sewage treatment plant discharge.
(Pet.
at 12.)
The studies concluded that the stream could partially support
designated aquatic life uses with moderate impairment.
(Pet.
at
12;
Exh.
1 at 3—18.)
Water quality studies of Sugar Creek
indicate that it has good stream and water quality with certain
limitations noted that are slight nutrient loading and moderate
siltation.
(Pet. at 12.)
The Sugar Creek fishery is average for
a stream of this size.
Based upon a variety of factors, Sugar
Creek is rated as providing partial support of the designated
aquatic life use with only minimal impairment at the Agency
sampling station.
(Pet.
at 12—13; Exh.
1 at 3—34.)
The South Fork above its confluence with Sugar Creek has
fair to good water quality, an excellent rating for
macroinvertebrates, but a poor fishery.
At the sampling site it
was rated as providing partial support of the designated aquatic
life use with only a minor impairment.
(Pet.
at 12.)
Because of extensive stream channelization and sewage
treatment plant discharge,
loss of riparian vegetation, and
agricultural and urban runoff, the Sangamon River below the
confluence with the South Fork is partially supportive of aquatic
life, with minor impairment.
(Pet.
at 12-13.)
CWLP
points out that it has used Illinois high sulfur coal
since 1981 and has been discharging for over 50 years.
(Pet. at
18-19.)
CWLP states that “compliance with the proposed adjusted
standard would have no adverse affects because the discharge
concentration of boron will not change from historical and
existing concentrations”.
(Pet. at 21.)
CWLP
further states
that an Agency investigation from 1988 of potential toxicity of
CWLP discharges indicated no significant acute toxicity was
observed for the species investigated.
(Pet.
at 22.)
A current literature review of the environmental and
ecological impacts of boron concentrations at the levels CWLP
8
requests in the proposed adjusted standard is found in Exhibit
1,
pages 4-4 through 4-8.
Those studies, performed on a diversity
of aquatic organisms, demonstrate the response to boron of three
aquatic trophic levels, plant,
invertebrate and vertebrate
(fish).
“These studies demonstrate that adverse effects on an
aquatic food chain, and consequently the biological
community structure of an aquatic ecosystem, would not be
observed at or below a boron concentration of 11.0 mg/i.
Overall the results indicate that the Sugar Creek
—
Sangamon
River biological community would not be significantly
affected by the 11.0 mg/i standard proposed for the upper
portion of Sugar Creek.”
(Exhibit
1, page 4-8.)
The Agency in its recommendation indicated that in terms of
harm to aquatic life or other uses of the affected waters, the
proposal will not cause any harm.
(Ag. Rec. at 2.)
In support
of this position the Agency preferred an evaluation of the
toxicity literature to determine the risk of boron to native
aquatic organisms.
This review of the toxicity literature
indicates that the tests reported in the literature agree that no
acute or chronic toxicity is likely to occur at the highest
concentration requested (11 mg/i).
(Ag. Rec. at 2-3.)
Additionally, the Agency states that the communities of aquatic
organisms residing in the receiving streams, while partially
impaired from other sources, are not known to be impacted from
CWLP’s ash pond discharges.
(Ag. Rec. at
3.)
This assessment
comes from a variety of Agency sampling programs including
Facility Related Stream Surveys
(conducted at the Springfield
Sanitary District’s discharge to Sugar Creek),
Intensive Basin
Surveys
and the
Ambient Water Quality Monitoring Network.
Using the summaries of data reported in the
Illinois Water
Quality Report 1990
-
1991,
the Agency lists all the waterbodies
in the downstream continuum from the Petitioner’s discharges as
“partial use support
—
minor impairment”.
(Ag. Rec. at 3.)
The
causes of this minor impairment are listed as siltation to
a
moderate degree and nutrients to a slight degree in Sugar Creek
and the South Fork of the Sangamon River and the sources of the
impairment to these waterbodies are municipal point sources,
combined sewer overflows, agriculture, urban runoff,
channelization and flow regulation/modification, all to a slight
degree.
(Id.)
The Sangamon River downstream of the discharge is
listed as having impairment caused by nutrients and organic
enrichment to a slight degree and siltation to a moderate degree.
The sources for this are given as non—irrigated crop production,
pasture land, municipal di’scharges and combined sewer overflows,
all to a slight degree.
(Id.)
According to the Agency, the discharge concentrations of
boron requested in the petition accurately reflect the worst case
9
stream concentrations expected.
Moving downstream from Spaulding
Dam, additional inflows from various sources dilute the initial
effluent concentration.
(Ag. Rec.
at 3—4.)
The requested boron
concentrations for each stream portion are the predicted
concentrations if the streams were under 7Q10 drought flow ~
the effluent concentration was at the highest requested level
(11
mg/i).
The reliability of these projections has been
demonstrated by actual water quality sampling by the Agency.
The
highest boron concentration observed by the Agency in the
Sangamon River downstream from CWLP’s discharge (AWQMN station E-
26 at Riverton) has been 1.82 mg/i.
(Ag. Rec. at 4.)
This value
was recorded during the summer of 1988,
in the midst of one of
the most severe droughts of the century.
Usually, the Sangamon
River at this point does not exceed the General Use standard and
in fact from the period between January 1987 and October 1992 a
period including the three drought years of 1987,
1988, and 1989,
the Sangamon River exceeded the 1.0 mg/i existing standard only
in 12.8
of all samples.
(Id.)
No violations of the boron
standard were recorded at the Agency’s sampling station at
Petersburg further downstream on the Sangamon River.
The Agency notes that CWLP,
in its assessment of use
impairments, used the previous
(1988—1989) edition of the
Illinois Water Quality Report.
From studies conducted since, the
Agency has found some improvement in the streams of the area.
The reach of the Sangamon River below Decatur is no longer
considered nonsupportive of uses.
In fact, most of the reach is
also partial support
-
minor impairment with a few miles closest
to Decatur being partial support
—
moderate impairment.
The
overall conclusion is that these waterbodies are in fair to good
condition and what impairment has been identified cannot be
linked to boron from any source.
This fits with the Agency’s
experience that no aquatic life impairment is known to occur
anywhere in the State due to boron.
Petitioner’s evaluation of uses of the affected waters for
irrigation has discovered one potential use, a golf course north
of Springfield.
If this facility receives a withdrawal permit to
utilize water from the Sangamon River for grass irrigation there
theoretically could be some conflict, i.e., boron toxicity to the
grass resulting from Petitioner’s discharge.
However,
the
likelihood for any harm is extremely slight.
The concentration
of boron at the withdrawal point will be at most 2.0 mg/I.
This
will occur only during maximum effluent concentrations
(11 mg/l)
and 1Q10 or lower river flows.
Probably a more important factor
in this scenario is that grass is not very sensitive to boron.
An article in the
Canadian Journal of Soil Science,
August 1985,
“Boron Toxicity and Deficiency:
a Review” by Guptz Umesh,
et.
al., states that various members of the grass family, wheat,
barley,
oats,
etc., are not affected by irrigation water with
boron concentrations in the 1.0 to 2.0 mg/i range.
(Ag. Rec. at
10.)
This tolerance was determined by raising plants in a sand
10
bed and using water with a known boron content as the sole water
source.
In Illinois, total irrigation over the life cycle of the
golf course grass is extremely unlikely with rains eventually
leaching away any accumulated excess boron.
The most likely
result of this proposed irrigation,
if boron above 1.0 mg/i is
even present in the river,
is that beneficial amounts of boron
will be provided since boron is a vital plant nutrient that
sometimes is deficient in soils.
CONSISTENCY WITH FEDERAL
LAW
CWLP and the Agency agree that the Board may grant this
adjusted standard consistent with federal law.
(Pet.
at 25; Ag.
Rec. at 5.)
Section 303 of the Clean Water Act,
33 U.S.C.
1313,
grants to the states the authority to promulgate water quality
standards applicable to both interstate and intrastate waters.
(Pet.
at 25.)
Illinois has adopted water quality standards at 35
Ill.
Adm. Code 302 and the standard for boron found at Section
302.208(e).
States may also revise water quality standards
pursuant to 40 CFR 131.4 and remove a designated use pursuant to
40 CFR 131.10(g).
(Pet.
at 26.)
CWLP asserts that the adjusted
standard procedures at 35 Ill.
Adin. Code 106 satisfy the federal
requirements.
(Id.)
DISCUSSION
The Board notes that this requested adjusted standard
proceeding is similar to the adjusted standard proceeding in
Rhone—Poulenc Basic Chemicals Company and Thorn Creek Basin
Sanitary District,
(Rhone-Poulenc)AS 94-7, June 23,
1994.
In
that case, the petitioners had sought an adjusted standard from
the water quality standards for the discharge of total dissolved
solids and sulfate.
The Board granted an adjusted standard;
however, the adjusted standard was to the provisions in 35 Ill.
Adm. Code 304.105 rather than to the general water quality
standards.
Section 304.105 is titled “Violation of Water Quality
Standards” and states:
no effluent shall, alone or in combination with other
sources,
cause a violation of any applicable water quality
standard.
The Board took this course of action in Rhone—Poulenc due to a
concern by the Board that granting relief from water quality
standards for the stretch of receiving waters in Rhone—Poulenc
could give “other dischargers located on these streams
essentially the same relief
.
.
.
even though other discharges
have not made” a demonstration that they are entitled to similar
relief.
(Rhone—Poulenc at 18.)
The Board believes that granting an adjusted standard to the
general water quality standards may have the same effect on the
11
Sugar Creek and Sangamon River.
The Board is especially
concerned given the known discharges from the Springfield and
Decatur sanitary works.
Therefore,
the Board finds that the
relief in this proceeding should be consistent with the relief
granted in Rhone—Poulenc.
In order to ensure that the relief is
consistent, the Board will grant an adjusted standard to 35 Ill.
Adm. Code 304.105 rather than to the general water quality
standards at 35 Ill. Adm. Code 302.208.
CONCLUSION
CWLP has provided evidence that the streams into which CWLP
discharges will not be adversely affected by the adjusted
standard for boron at the requested concentrations.
During dry
conditions when the level of Lake Springfield is below 560 MSL,
the only flow into the upper reaches of Sugar Creek is from
Outfall 004.
The Agency indicated that even with a high
discharge of boron there has been no degradation of the streams
and in fact parts of the Sangamon River have improved.
Therefore, the Board finds that the adjusted standard will not
result in health or environmental effects substantially or
significantly more adverse than the effects considered by the
Board when promulgating the rule of general applicability.
CWLP has demonstrated that there are currently no
withdrawals from the receiving streams for agriculture
irrigation.
One potential use being considered is grass watering
at a nearby golf course.
CWLP presented evidence and the Agency
agreed that the proposed boron concentrations will not adversely
affect grass growth.
CWLP
also established that without the
discharge for outfall 004 Sugar Creek’s flow is substantially
reduced and is essentially zero when Lake Springfield is below
560 MSL.
Therefore, the Board finds that the factors relating to
CWLP are substantially and significantly different from those
relied upon by the Board when adopting the general water quality
standards.
The existence of those factors justify the granting
of an adjusted standard, which is consistent with federal law.
The Board hereby grants an adjusted standard to CWLP
consistent with its decision in Rhone—Poulenc Basic Chemicals
Company and Thorn Creek Basin Sanitary District, AS94—7, June 2,
1994.
This opinion constitutes the Board’s findings of fact and
conclusions of law in this matter.
ORDER
The City of Springfield, Office of Public Utilities, City
Water, Light and Power’s
(CWLP) facility which discharges to
Sugar Creek to 100 yards downstream of the confluence of the
Sangamon River with Spring Creek in the Northeast Quarter of
12
Section 10,
in Springfield Township, Sangamon County,
is hereby
granted a partial adjusted standard from 35 Ill.
Adm. Code
304.105.
Pursuant to this grant,
35 Ill. Adm. Code 304.105 does
not apply to discharges from outfails 003 and 004 as regards
boron concentrations that are less than or equal to:
1.
11.0 mg/i for boron from CWLP’s Outfall 003 at
Spaulding Dam on Sugar Creek to its confluence with the
discharge of the Springfield Metropolitan Sanitary
District’s Sugar Creek Plant Outfall 008 in the
Northeast Quarter of Section 31, Clear Lake Township,
Sangamon County;
2.
5.5 mg/l for boron from the discharge of said sanitary
district plant outfall on Sugar Creek to its confluence
with the South Fork of the Sangainon River; and
3.
2.0 mg/i for boron from the confluence of Sugar Creek
and the South Fork of the Sangamon Rivers to 100 yards
downstream of the confluence of the Sangamon River with
Spring Creek in the Northeast Quarter of Section 10,
Springfield Township, Sangamon County.
IT IS SO ORDERED.
Section 41 of the Environmental Protection Act (415 ILCS
5/40.1) provides for the appeal of final Board orders within 35
days of service of this decision.
The Rules of the Supreme Court
of Illinois establish filing requirements.
(But see also,
35
Ill.
Adiu. Code 101.246, Motions for Reconsideration.)
I, Dorothy H.
Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the ab9ve opinion and order was
adopted on the
/-~‘~
day
of
____________________,
1994, by a
vote of
7~)
.‘
/2
~
,~L.
‘Dorothy H. 9~Ann, Clerk
Illinois P14ution
Control Board
