ILLINOIS POLLUTION CONTROL BOARD
    February 14, 1975
    CENTRAL ILLINOIS PUBLIC SERVICE COMPANY AT:
    Grand Tower Power Station
    (Mississippi River)
    Hutsonville Power Station
    )
    (Wabash River)
    ,
    and
    )
    Meredosia Power Station
    )
    PCB 74-145
    (Illinois River)
    Petitioner,
    )
    PCB 74—148
    V.
    )
    PCB 74—149
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    Mr. Thomas L. Cochran, attorney for Petitioner.
    Mr. Delbert
    D. Haschemeyer, attorney for Respondent.
    OPINION
    AND
    ORDER OF THE BOARD
    (by Dr. Odell)
    Central Illinois Public Service Company
    (CIPS) has appealed
    ~o the Pollution Control Board
    (Board)
    after denial by the Environ-
    mental Protection Agency
    (Agency)
    of operating permits at its
    Grand Tower
    (PCB 74—145), Hutsonville
    (PCB 74—148), and Meredosia
    (PCB 74-149)
    Power Stations.
    Petitions For Review were filed on
    April
    24,
    1974,
    in PCB 74-145 and PCB 74-149;
    on April
    25, Petition
    For Review was filed in PCB 74-148.
    On June
    13, 1974,
    the Petitioner,
    pursuant to Rule
    408 of the Procedural Rules,
    indefinitely waived the
    requirement of final Board action within 90 days
    as authorized by
    Section
    38 of the Environmental Protection Act.
    On October
    31,
    1974,
    the Board issued
    a More Information Order in which we requested the
    parties to supply additional information on the quantities of con-
    taminants involved
    in the CIPS process.
    The additional data were
    received by the Board on December 20,
    1974, with a cover letter signed
    by J.T. Birkett,
    an employee of CIPS.
    The data submitted were based
    on grab samples mutually agreeable to the parties.
    The United States
    Environmental Protection Agency
    (USEPA) attempted to intervene through
    a letter and accompanying data received on February 3,
    1975.
    USEPA re-
    quested the Board to consider Suspended Solids data for plants in
    Minnesota and Wisconsin.
    On February 10, 1975, CIPS opposed the in-
    clusion of this data on grounds of procedural due process.
    We rule
    that data supplied by USEPA is not admissible for this proceeding.
    The parties have submitted briefs to the Board.
    Because the issue to
    be decided in each petition is the same,
    the cases have been con-
    solidated for decision.
    The three fossil fuel generating stations, which are the
    subjects of these petitions,
    are located near Grand Tower, Hutson—
    vile,
    and
    Meredosia,
    Illinois. All three facilities are similar
    in operation.
    Coal
    is burned to make steam to produce electricity.
    After the coal
    is burned,
    an ash residue remains.
    The ash collected
    at
    the
    bottom
    of
    the
    furnaces
    is
    called bottom ash;
    the ash captured
    15
    437

    —2—
    by electrostatic precipitation before it can escape into the atmos-
    phere is called fly ash.
    The ash is removed from the furnaces and
    the electrostatic precipitators by pumping in river water and
    mixing it with the fly ash and bottom ash.
    This mixture is then
    discharged into ash ponds, where most of the suspended solids
    settle out.
    The slurry enters one side of
    a pond and flows to the
    other side and then
    is discharged back into the river downstream
    from the intake point.
    No additional water
    is added from other
    sources so there is not an issue under Rule 401(a)
    of the Water
    Pollution Regulations (Chapter Three)
    regarding dilution.
    The Agency denied operating permits to all three stations
    in February,
    1973.
    The Petitioner~sRequest For Reconsideration
    was denied in March,
    1974.
    During August,
    1974, hearings were held for each of the
    power stations.
    A stipulation was made part of the record at each
    hearing.
    The evidence in the stipulation reveals that the influent
    (river water) contains substantially greater amounts of suspended
    solids than does the effluent being discharged from the ash ponds
    back into the respective rivers.
    Specifically, the stipulations
    indicate the following average concentrations of suspended solids
    from July,
    1973 through June,
    1974:
    Power Station
    Influent
    Effluent
    (River Water)
    thg/1
    mg/l
    Grand Tower
    333.6
    77.8
    (bottom ash pond)
    PCB 74-145
    40.4
    (fly ash pond)
    Hutsonville
    198.8
    40.7
    (depository for
    PCB 74-148
    both bottom and
    fly ash)
    Meredosia
    129.0
    12.8
    (bottom ash pond)
    PCB 74—149
    15.5
    (fly ash pond)
    The evidence submitted on December 20,
    1974, from grab
    samples taken November 26,
    1974, continues the same trend for suspended
    solids.
    However, several other contaminants were above the standards
    set out in Rule 405 and Rule 408(a)
    of Chapter Three.
    These data are
    summarized on the following page.
    15—438

    Selected Characteristics of I~luent and Effluent from
    Three Power Stations and Associated River Waters
    Power Station
    Case
    Number
    Rule
    Total
    Contam- 405 or
    River
    Water
    Up-
    Inlet
    Effluent
    Mixing
    inant
    408(a)
    Flowb
    Dis-
    stream
    Sample
    Stand-
    charge
    Sample
    B.A.p.c F.A.P.~B.A,P.C
    ard
    From
    All
    Ponds
    Grand Tower
    PCB 74—145
    mg/i
    CFS
    MGD
    mg/l
    mg/i
    mg11l
    mg/i
    mg/i
    TSS
    15
    47,240
    1.260
    52
    55
    11
    8
    .
    Fecal
    400,~-’
    2000
    2000
    92O~
    ~2
    2000
    Coliform
    ~_~lOOmla
    Mercury
    .0005
    .0005
    .0003
    .oooB~
    .0003
    .0003
    ~~
    5_1~a
    7.3
    7.7
    8.1
    ll3f
    7.9
    Hutsonville
    PCB
    74—148
    TSS
    15
    1,208
    1.800
    54
    52
    l3e
    Meredosia
    PCB 74-149
    TSS
    15
    3,500
    1.533
    92
    67
    14
    l7~
    Mercury
    .0005
    .0007
    .0007
    .OOO7~ .0004
    .0006
    a.
    Expressed in units other than mg/i.
    b.
    This figure represents the 7-day 10-year low flows for these rivers.
    c.
    B.A.P.
    is the abbreviation for “bottom ash pond”.
    d.
    F.A.P.
    is the abbreviation for
    “fly ash pond”.
    e.
    The effluent empties into a pond, which is a common depository for both
    bottom and fly ash,
    f.
    Underlined values are
    in
    violation of the applicable standard.

    —4—
    The Agency argues that the Petitioner must meet the
    standard of 15 mg/i of suspended solids in Rule 408(a)
    of Chapter
    Three.
    Petitioner, on the other hand,
    asks the Board to rule that
    Rule 401(b)
    of Chapter Three
    is controlling so that the standards
    of Rule 408(a)
    are inapplicable.
    In its petitions for review
    Petitioner argues
    ‘that under Rule 401(b) there
    is no obligation
    upon CIPS
    “to clean up contamination caused essentially by upstream
    sources or to require treatment when only traces of contaminants
    are added to the background.”’
    In deciding whether Rule 408 sets an absolute standard
    that must be met,
    it
    is helpful to look to the Board’s Opinion re-
    garding Rule 401(b)
    in In the Matter of Effluent Criteria R70-8,
    3 PCB 401,
    404
    (January 6,
    1972).
    The Opinion states:
    “401
    (b)
    Background Concentrations.
    Many questions
    were raised as to effluent requirements when water
    is
    taken from a source that already
    is high in contamin-
    ants,
    the argument often being made that it is unfair
    to “penalize”
    a user for contaminants placed in the
    water by someone upstream or naturally occurring in
    ground water supplies.
    Our initial effort to deal
    with this problem allowed such waters to be dis-
    charged provided that they had not been increased in
    concentration and provided that no violation of the
    water quality standards resulted.
    This was widely
    objected to as too tight, since most water uses cause
    some increase of concentration,
    if oniy through eva-
    poration, and since any water taken from and returned
    to
    a stream whose quality exceeds standards will cause
    a violation.
    We have consequently rephrased the pro-
    posal to state the applicable policy without confin-
    ing absolutes, much as we have done in the case of
    dilution.
    We are not prepared simply to allow credit
    for background concentrations,
    both because to do so
    would permit progressive deterioration of stream quality
    as one moves downstream, and because the evidence is
    that the types of treatment necessary to meet the pro—
    posed standards are principally limited by ultimate
    concentrations and not likely to be seriously affected
    by relatively low background levels.
    On the other
    hand, we do not wish to require expensive treatment
    processes to be installed simply to clean up what has
    been put into the water by upstream users or to remove
    traces of materials that it is not worth the cost of
    removing.
    As in the case of dilution,
    it seems best
    to leave the details
    to be worked out on a case-by—
    case basis in the light of a general principle stated
    in the regulations.”
    15
    440

    —5—
    That Opinion makes clear that while credit
    is not to be
    allowed for background concentration which would permit the continued
    deterioration of a waterway, users are not to be “penalized” for
    concentrations existing prior to their use provided that they do not
    add additional amounts of contaminants to the water.
    The Opinion
    concludes by specifying that deterndriations under Rule 401(b) are to
    be made on
    a case-by-case basis.
    This philosophy
    is embodied in
    Rule 401(b)
    “(b)
    Background Concentrations.
    Because the
    effluent standards in this Part are based upon con-
    centrations achievable with conventional treatment
    technology that is largely unaffected by ordinary
    levels of contaminants in intake water,
    they are
    absolute standards that must be met without sub-
    tracting background concentrations.
    However,
    it is
    not the intent of these regulations to require users
    to clean up contamination caused essentially by upstream
    sources or to require treatment when only traces of con-
    taminants are added to the background.
    Compliance with
    the numerical effluent standards
    is therefore not re-
    quired when effluent concentrations in excess of the
    standards result entirely from infiuent contamination,
    evaporation, and/or the incidental addition of traces
    of materials not utilized or produced in the activity
    that is the source of the waste.”
    This Rule has been the subject of interpretation in
    a
    previous case before the Board.
    See Citizens For A Better Environ-
    ment v. Procter and Gamble Manufacturing Company PCB 72-463,
    8 PCB
    473
    (July 12, 1973).
    Although the effluent concentration was above
    the standards in that case,
    the Board ruled that “since no showing
    has been made that Procter and Gamble adds or has the capability
    of adding suspended solids or lead
    in its use of the river for cool-
    ing, we find no violation.”
    In that case,
    it
    is clear that the
    Board applied the general intent of Rule 401(b),
    as well as finding
    that the Petitioner’s activity clearly fails within one of the three
    situations in the last sentence of the Rule,
    i.e.,
    “compliance
    .
    is not required
    .
    .
    .
    when effluent concentrations in the excess of
    the standards results entirely from infiuent contamination
    .
    .
    .“
    In this case,
    since Petitioner failed to submit evidence
    that it falls within any of the three 401(b)
    situations, the issue
    is whether the Petitioner can be granted
    a permit from the Agency
    when its activity is the kind to which the Rule may be applicable,
    but not enumerated within it.
    The Agency argues
    in its brief that
    failure to satisfy the strict language of Rule 401(b) means that
    the Petitioner must meet the absolute standard of 15 mg/i for total
    suspended solids in Rule 408(a).
    We rule, however, that in this
    15
    44~

    case failure to satisfy any of enumerated situations in Rule
    401(b)
    is not sufficient grounds, to deny
    a permit.
    First, the
    enumerated situations should not overshadow the general intent of
    the Rule,
    In People ex re
    unt~5DuPage~Smith
    21 Iii 2d
    572,
    173 N.E.2 485 (1961), the Illinois Supreme Court stated:
    “Where a statute contains enumeration of certain
    things to which the act applies and also contains a
    general term or expression concerning the applica-
    tion of the act, the general term may be given full
    effect if the content shows the enumeration was not
    intended to be exclusive.”
    Second, we believe that the Rule, when read against the backdrop
    of the Opinion in In the Matter of Effluent Criteria,indicates a
    philosophy that cannot be limited to a few hard-and-fast situations.
    We are merely interpreting Rule 401(b)
    according to the philosophy
    behind it.
    In Lincoln Nat. Life Ins.
    Co. v. McCarth
    10 Iii.
    2d
    489,
    140 N.E,2 687
    1957
    ,
    the aim of statutory construction was
    made clear:
    “The primary purpose of statutory construction
    is to ascertain the legislature’s intention not only
    from language which it has used, but also from the
    reason and necessity of the act,
    evils sought to be
    remedied and objects and purposes sought to be ob-
    tained.”
    From the facts and circumstances in this case,
    the amounts
    of suspended solids in the effluents do not constitute grounds for
    denial of a permit.
    The Petitioner
    is satisfying the intent of the
    Rule.
    Here the effluents are of substantially better quality than
    the influents.
    Additional treatment would have virtually no effect
    on the quality of the river waters.
    Finally, the increased cost of
    additional clean-up greatly outweighs any possible environmental
    benefit that removal would achieve.
    Rule 401(b)
    ,
    however,
    imposes an additional requirement on
    the grant of a permit.
    It states in pertinent part that
    .
    .
    .
    it
    is not the intent of these regulations
    .
    .
    .
    to require treatment
    when only traces of contaminants are added to the background.”
    The question is whether the Petitioner is adding other contaminants
    in sufficient quantities that they cannot be said to be mere trace
    amounts.
    Traces of contaminants includes all the Part IV constituents
    for which an effluent standard exists,
    Whether
    a particular con-
    stituent exists
    in more than trace amounts depends on the magnitude
    and frequency of the additions,
    the toxicity of the contaminants, and
    the character of the receiving stream.
    Other factors may also be
    relevant.
    At all three facilities we are satisfied with the effluent
    concentrations for suspended solids, but at Grand Tower we have in—
    sufficient facts to rule that the contaminants being added in
    violation of the Part IV standards are only trace amounts,
    Since
    fecal
    coliforms are not being added, this parameter does not create a
    a problem for purposes of Rule 401(b).
    Hutsonville has no other
    15
    442

    —7—
    constituents above the Part IV standards and clearly satisfies the
    intent of Rule 401(b)
    for suspended solids.
    At Meredosia,
    the
    mercury concentrations are above the standard but since no trace
    amounts are being added, the amounts of mercury in the effluent do
    not cause Meredosia to fall outside of the protection of Rule 401(b)
    for suspended solids.
    It
    is appropriate that the issue of Rule 401(b)
    come to the
    Board for action on
    a case—by-case basis.
    On the basis of additional
    information and review, we find that the Agency correctly denied
    Petitioner a permit at Grand Tower
    (PCB 74-145), but Petitioner’s
    effluent sufficiently satisfies Rule 401(b)
    requirements that permits
    should not be denied on these criteria at Hutsonville
    (PCB 74-148)
    and
    Meridosia
    (PCB 74-149.
    If the Petitioner can successfully meet the
    other standards for permit issuance, the Agency shall issue permits
    at Hutsonville and Meredosia.
    Since the issues in this case have been resolved through
    interpretation of Rule 401(b), we need not rule on the constitutional
    issues raised in the Petitioner’s brief.
    This Opinion constitutes
    the findings of fact and conclusions
    of law of the Board.
    ORDER
    IT
    IS THE ORDER of the Pollution Control Board that:
    I.
    Although Rule 408(a)
    of Chapter Three sets a limit of
    15 mg/i for total suspended solids,
    Rule
    401(b) modifies this
    absolute standard, and the amounts of suspended solids
    in Petitioner’s
    effluent are alone not sufficieht grounds to deny the Petitioner its
    permits.
    2.
    Petitioner satisfies the trace amounts test for con-
    taminants other than
    suspended solids in Rule
    401(b)
    at its Hutson—
    yule and Meredosia facilities.
    The trace amounts in Petitioner’s
    effluent at Hutsonville and Meredosia are not sufficient grounds to
    deny the Petitioner its permits, and we hereby reverse the Agency
    regarding
    its ruling for the suspended solids concentration in
    Rule 401(b)
    of Chapter Three.
    3.
    Petitioner fails to satisfy the trace amounts test for
    contaminants other than suspended solids at Grand Tower because of
    insufficient information.
    The Agency’s denial of
    a permit at Grand
    Tower
    is therefore upheld.
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board, hereby certi y that the above Opinion and Order was adopted
    on the
    /c/~
    day of
    _______________,
    1975,
    by a vote of
    .5/
    to
    ~~stan.fet~
    15—443

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