ILLINOIS POLLUTION CONTROL BOARD

May 2,

1985

I~THE t4ATTER OF:

AMENDMENTS TO CHAPTER

3

)

R77—12

WATER POLLUTION (Effluent

)

Docket D

Disinfection)

)

PROPOSED RULE.

PEREMPTORY RULEMAKING.

ORDER OF THE BOARD

(by J.

D.

Dumelle):

On October

14,

1982.,

the Board adopted rules repealing two

water quality standards governing maximum levels of bacteria

(35

Ill. Adm, Code 302.209 and 302.406) and amending the bacterial

effluent standard

(35 Ill. Adm.

Code 304.121).

The rules were

filed with the Secretary of State on October

26, 1982, and became

effective on that date.

However, the

rules were appealed,

and

the Illinois

Supreme Court ultimately reversed the Board’s

repeal

of the fecal coliform water quality standard for general use

waters

(35 Ill. Adm.

Code 302.209) and the amendment of the

effluent standard.

See The People

of the State

of Illinois

v.

The Pollution Control Board,

et

al., 103

Ill.

2d

441,

469 N.E.2d

1102 (October

3,

1984).

Thus,

the Board’s currently filed

rules fail to state the

present

law with respect to 35

Ill. Adm. Code

302.209 and

304.121.

The Board,

therefore, proposes

to readopt those rules

as they existed prior to

the

Board’s action in this proceeding

to

correct that discrepancy by peremptory rulemaking pursuant

to

Section 5.03 of the Administrative Procedure Act (Ill.Rev.Stat.,

ch.

127, par.

1.005,03),

The Board will accept comments until June

21,

1985,

regarding this proposed action and the utility of either

reopening this docket for further consideration of the reinstated

rules

or the opening of

a new docket.

Also,

if any person

is

interested

in becoming the proponent of any new regulation

covering this subject matter,

such desire should be

indicated by

that date.

The proposed amendments to Subtitle C of

35

Ill. Adm. Code are as

follows:

Section 302.209

Fecal Coliform

Based on

a minimum of fIve samples

taken over not more than a

30

day period, fecal

coliforins

(STORET number 31616)

shall not

exceed

a geometric mean of 200 per 100 ml, nor

shall more than

10

of the samples during any 30 day period exceed

400 per 100

ml.

—2—

Section 304.121 Bacteria

No effluent governed by this Part shall exceed 400 fecal

coliform

per

100 ml.

No pe~eertsI~o~e~~ee~~~ew

?ee&~eo~?eem +SP9R~P

~Cf

~c6~6+

~O

e~eeed499 pe~~90 m3

4i~o~yeff3~ttem~wi~4e~

~e~rges

~e ~he ?e~ew~r~~eeo~4erte~

~

~

~e me~h~of ~4~y~

Sep~ei~thery

w~4~

29

~~fCOM

m43eo +~t~e r~3ee+~pe~eom

of ~

bo~~t~

~eoeh

3~4~eert,ed

~def

~i~e

~r~e4s

9w4mm~g

~ee~ a~dB~4i~Be~eI~

Ae&L

+~~T

Re,~~

~9~9T

e1~

~Of$T

20 s~eei~~

i~t4~es+~u~e m43~e~+~pe~eeem of

wa~e~’4r~&te~ee~ fee’ pt~4~e

Of

fees p~eeeee~rtgwo~ef

e~

Arty ~ee~oi~

whefe 4~~ey eet~eee~’ef~b~e ~e

y~er~

of

erIo~l’tef e~e~e~e

we~er~t~a34~y

C

n~af&S

4r~

~efe~a~e

WO~Of$T

IT IS SO ORDERED

I,

Dorothy M. Gunn, Clerk

of the Illinois Pollution Control

Board, her~bycertify that the above Order was adopted on

the

‘1~~

day

of

771*my

,

1985,

by a vote

of

~

o

.

Dorothy

M. Gunn, Clerk

Illinois Pollution Control Board

84-40