ILLINOIS POLLUTION CONTROL BOARD
    December 19, 1974
    )
    )
    IN THE MATTER OF
    )
    )
    R74-17
    REVISION TO RULE 409 of WATER
    )
    POLLUTION REGULATIONS,
    CHAPTER 3
    )
    )
    ORDER OF THE BOARD
    (by Mr. Dumelle):
    The following revised Rule 409 of the Water Pollution Regulations
    is proposed.
    A Statement of Need follows.
    Public hearings shall
    be held after due notice
    is
    given.
    PROPOSED REVISION OF RULE 409, WATER POLLUTION REGULATIONS, CHAPTER
    3
    Because of inadequacies in funding in Federal construction
    grant programs and the lack of any reasonable assurance that
    additional Federal funds will be made available on a timely basis,
    the application of deadline dates
    in this Chapter to any discharger
    who
    is or will be eligible for a construction grant under Section
    201(g)
    of the Federal Water Pollution Control Act Amendments
    of
    1972
    (33 U.S.C.
    1951 et seq.)
    is modified as follows:
    (a)
    All effluent standards required to be met
    on December 31,
    1973 are extended to July 1,
    1977 for any discharger
    to the waters
    of the State who
    is
    or will be eligible for
    a construction grant as described above.
    (i)
    The above provision shall not be construed as
    limiting the power of the Board to enter an
    order directing immediate construction of
    facilities necessary to abate pollution of the
    waters
    of the State, when the Board has found,
    as
    the result of an enforcement case initiated
    under Sections 30-34 of the Act,
    that the dis-
    charger
    is causing or tending to cause pollution.
    (ii) Whenever
    a discharger subject to the provisions
    of
    this Rule files
    or has filed the Projection
    Completion Schedule required by Rule 1002 and
    receives
    a time extension through the application
    of this Rule, said Project Completion Schedule
    will be automatically adjusted to reflect
    the
    time extension.
    STATEMENT OF NEED
    The text of the proposed revision to Rule 409 above
    is
    exactly
    as
    it now exists except
    for the change in the due date.
    14—789
    -2-
    Rule 409 was originally proposed by the Illinois Environmental
    Protection Agency on March
    7,
    1973 and was enacted by
    the Board
    on July
    19, 1973 (R73-4).
    At that time, delays
    in Federal funding
    of sewage treatment plants and in the publication of regulations
    and guidelines necessary
    to establish project eligibility caused
    at least
    a one year’s
    delay in the expansion or construction of
    needed waste
    treatment plants operated by governmental bodies.
    That year has now passed but the impoundment of $9 billion
    in grant funds by the President continues and has not been
    finally resolved by the Federal
    courts.
    Also,
    the Federal
    guidelines, after issuance, have caused additional delays because
    of infiltration test studies and other new requirements.
    The Board,
    on August
    29
    and September
    5,
    1974,
    enacted
    National Pollution Discharge Elimination System
    (NPDES)
    regulations
    which would have given the Agency power to vary the December 31,
    1974 due
    date of Rule 409 to July
    1,
    1977, where needed.
    The NPDES
    regulation has not yet been accepted by the Federal government and
    consequently that power to vary the due date does not now repose
    in the Agency.
    Thus,
    to protect municipalities and sanitary districts
    from liability
    for
    prosecution,
    the December 31, 1974
    due
    date
    is proposed to be changed to July 1,
    1977.
    IT
    IS SO ORDERED.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereb~ycertify the above Order was adopted on the
    14b~t
    day of December, 1974 by
    a vote of
    ~3—o
    Illinois Pollution
    C’6i4-trol Board
    14
    —
    790

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