TITLE 35: ENVIRONMENTAL PROTECTION

PART 304
EFFLUENT STANDARDS
SUBPART A: GENERAL EFFLUENT STANDARDS

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE C: WATER POLLUTION

CHAPTER I: POLLUTION CONTROL BOARD

PART 304

EFFLUENT STANDARDS

SUBPART A: GENERAL EFFLUENT STANDARDS

Section

304.101 Preamble

304.102 Dilution

304.103 Background Concentrations

304.104 Averaging

304.105

Violation of Water Quality Standards

304.106 Offensive Discharges

304.120 Deoxygenating Wastes

304.121 Bacteria

304.122

Total Ammonia Nitrogen (as N: STORET number 00610)

304.123

Phosphorus (STORET number 00665)

304.124 Additional Contaminants

304.125 pH

304.126 Mercury

304.140

Delays in Upgrading (Repealed)

304.141

NPDES Effluent Standards

304.142

New Source Performance Standards (Repealed)

SUBPART B: SITE SPECIFIC RULES AND EXCEPTIONS NOT OF GENERAL

APPLICABILITY

Section

304.201

Wastewater Treatment Plant Discharges of the Metropolitan Water

Reclamation District of Greater Chicago

304.202

Chlor-alkali Mercury Discharges in St. Clair County

304.203

Copper Discharges by Olin Corporation

304.204

Schoenberger Creek: Groundwater Discharges

304.205

John Deere Foundry Discharges

304.206

Alton Water Company Treatment Plant Discharges

304.207

Galesburg Sanitary District Deoxygenating Wastes Discharges

304.208

City of Lockport Treatment Plant Discharges

304.209

Wood River Station Total Suspended Solids Discharges

304.210

Alton Wastewater Treatment Plant Discharges

304.211

Discharges From Borden Chemicals and Plastics Operating Limited

Partnership Into an Unnamed Tributary of Long Point Slough

304.212

Sanitary District of Decatur Discharges

304.213

PDV Midwest Refining, L.L.C. Refinery Ammonia Discharge

304.214

Mobil Oil Refinery Ammonia Discharge

304.215

City of Tuscola Wastewater Treatment Facility Discharges

304.216

Newton Station Suspended Solids Discharges

304.218

City of Pana Phosphorus Discharge

304.219

North Shore Sanitary District Phosphorus Discharges

304.220

East St. Louis Treatment Facility, Illinois-American Water Company

304.221

Ringwood Drive Manufacturing Facility in McHenry County

304.222

Intermittent Discharge of TRC

SUBPART C: TEMPORARY EFFLUENT STANDARDS

Section

304.301

Exception for Ammonia Nitrogen Water Quality Violations (Repealed)

304.302

City of Joliet East Side Wastewater Treatment Plant

304.303

Amerock Corporation, Rockford Facility

Appendix A

References to Previous Rules

AUTHORITY: Implementing Section 13 and authorized by Section 27 of the

Environmental Protection Act [415 ILCS 5/13 and 27].

SOURCE: Filed with the Secretary of State January 1, 1978; amended at 2 Ill. Reg. 30,

p. 343, effective July 27, 1978; amended at 2 Ill. Reg. 44, p. 151, effective November 2,

1978; amended at 3 Ill. Reg. 20, p. 95, effective May 17, 1979; amended at 3 Ill. Reg. 25,

p. 190, effective June 21, 1979; amended at 4 Ill. Reg. 20, p. 53, effective May 7, 1980;

amended at 6 Ill. Reg. 563, effective December 24, 1981; codified at 6 Ill. Reg. 7818;

amended at 6 Ill. Reg. 11161, effective September 7, 1982; amended at 6 Ill. Reg. 13750,

effective October 26, 1982; amended at 7 Ill. Reg. 3020, effective March 4, 1983;

amended at 7 Ill. Reg. 8111, effective June 23, 1983; amended at 7 Ill. Reg. 14515,

effective October 14, 1983; amended at 7 Ill. Reg. 14910, effective November 14, 1983;

amended at 8 Ill. Reg. 1600, effective January 18, 1984; amended at 8 Ill. Reg. 3687,

effective March 14, 1984; amended at 8 Ill. Reg. 8237, effective June 8, 1984; amended

at 9 Ill. Reg. 1379, effective January 21, 1985; amended at 9 Ill. Reg. 4510, effective

March 22, 1985; peremptory amendment at 10 Ill. Reg. 456, effective December 23,

1985; amended at 11 Ill. Reg. 3117, effective January 28, 1987; amended in R84-13 at 11

Ill. Reg. 7291, effective April 3, 1987; amended in R86-17(A) at 11 Ill. Reg. 14748,

effective August 24, 1987; amended in R84-16 at 12 Ill. Reg. 2445, effective January 15,

1988; amended in R83-23 at 12 Ill. Reg. 8658, effective May 10, 1988; amended in R87-

27 at 12 Ill. Reg. 9905, effective May 27, 1988; amended in R82-7 at 12 Ill. Reg. 10712,

effective June 9, 1988; amended in R85-29 at 12 Ill. Reg. 12064, effective July 12, 1988;

amended in R87-22 at 12 Ill. Reg. 13966, effective August 23, 1988; amended in R86-3

at 12 Ill. Reg. 20126, effective November 16, 1988; amended in R84-20 at 13 Ill. Reg.

851, effective January 9, 1989; amended in R85-11 at 13 Ill. Reg. 2060, effective

February 6, 1989; amended in R88-1 at 13 Ill. Reg. 5976, effective

April 18, 1989; amended in R86-17(B) at 13 Ill. Reg. 7754, effective May 4, 1989;

amended in R88-22 at 13 Ill. Reg. 8880, effective May 26, 1989; amended in R87-6 at 14

Ill. Reg. 6777, effective April 24, 1990; amended in R87-36 at 14 Ill. Reg. 9437,

effective May 31, 1990; amended in R88-21(B) at 14 Ill. Reg. 12538, effective July 18,

1990; amended in R84-44 at 14 Ill. Reg. 20719, effective December 11, 1990; amended

in R86-14 at 15 Ill. Reg. 241, effective December 18, 1990; amended in R93-8 at 18 Ill.

Reg. 267, effective December 23, 1993; amended in R87-33 at 18 Ill. Reg. 11574,

effective July 7, 1994; amended in R95-14 at 20 Ill. Reg. 3528, effective February 8,

1996; amended in R94-1(B) at 21 Ill. Reg. 364, effective December 23, 1996; expedited

correction in R94-1(B) at 21 Ill. Reg. 6269, effective December 23, 1996; amended in

R97-25 at 22 Ill. Reg. 1351, effective December 24, 1997; amended in R97-28 at 22 Ill.

Reg. 3512, effective February 3, 1998; amended in R98-14 at 23 Ill. Reg. 687, effective

December 31, 1998; amended in R02-19 at 26 Ill. Reg. 16948, effective November 8,

2002; amended in R02-11 at 27 Ill. Reg. 194, effective December 20, 2002; amended in

R04-26 at 30 Ill. Reg. 2365, effective February 2, 2006.

SUBPART A: GENERAL EFFLUENT STANDARDS

Section 304.101 Preamble

a) This part prescribes the maximum concentrations of various contaminants

that may be discharged to the waters of the State. Subpart A contains

general effluent limitations. Subpart B contains site specific rules and

exceptions not of general applicability. Subpart C contains temporary

rules.

b) Unless the contrary is clearly indicated, all references to "Parts" or

"Sections" are to Ill. Adm. Code, Title 35: Environmental Protection.For

example, "Part 309" is 35 Ill. Adm. Code 309, and "Section 309.101" is

35 Ill. Adm. Code 309.101.

(Editor's Note: Paragraph (b) was added during the codification process to clarify

references to other Parts or Sections of the Illinois Administrative Code.)

Section 304.102 Dilution

a) Dilution of the effluent from a treatment works or from any

wastewatersource is not acceptable as a method of treatment of wastes in

order to meet the standards set forth in this Part. Rather, it shall be the

obligation of any person discharging contaminants of any kind to the

waters of the state to provide the best degree of treatment of wastewater

consistent with technological feasibility, economic reasonableness and

sound engineering judgment. In making determinations as to what kind of

treatment is the "best degree of treatment" within the meaning of this

paragraph, any person shall consider the following:

1) What degree of waste reduction can be achieved by processchange,

improved housekeeping and recovery of individual waste

components for reuse; and

2) Whether individual process wastewater streams should be

segregated or combined.

b) In any case, measurement of contaminant concentrations to determine

compliance with the effluent standards shall be made at the point

immediately following the final treatment process and before mixture with

other waters, unless another point is designated by the Agency in an

individual permit, after consideration of the elements contained in this

section. If necessary the concentrations so measured shall be recomputed

to exclude the effect of any dilution that is improper under this Section.

Section 304.103 Background Concentrations

Because the effluent standards in this Part are based upon concentrations achievable with

conventional treatment technology which is largely unaffected by ordinary levels of

contaminants in intake water, they are absolute standards that must be met without

subtracting 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 contaminants are added to the background.

Compliance with the numerical effluent standards is therefore not required when effluent

concentrations in excess of the standards result entirely from influent 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.

Section 304.104 Averaging

a) Except as otherwise specifically provided, proof of violation of the

numerical standards of this Part shall be on the basis of one or more of the

following averaging rules:

1) No monthly average shall exceed the prescribed numerical

standard.

2) No daily composite shall exceed two times the prescribed

numerical standard.

3) No grab sample shall exceed five times the prescribed numerical

standard.

b) Terms used in subsection (a) shall have the following meanings:

1) The monthly average shall be the numerical average of all daily

composites taken during a calendar month. A monthly average

must be based on at least three daily composites.

2) A daily composite shall be the numerical average of all grab

samples, or the result of analysis of a single sample formed by

combining all aliquots, taken during a calendar day. A daily

composite must be based on at least three grab samples or three

aliquots taken at different times.

3) A grab sample is a sample taken at a single time. Aliquots of a

daily composite are grab samples only if they are analyzed

separately.

c) Subsection (a) establishes a method of interpretation of the effluent

standards of this Part. The Agency shall consider the averaging rule in

deciding whether an applicant has demonstrated that a facility complies

with this Part for purposes of permit issuance and in writing the effluent

standards into permit conditions. Reporting and monitoring requirements

are established by way of permit condition pursuant to 35 Ill. Adm. Code

305.102 and 309.146.

d) Proof of violation of effluent limitations contained in permits shall be

based on the language of the permit.

(Source: Amended in R88-1 at 13 Ill. Reg. 5976, effective April 18, 1989)

Section 304.105 Violation of Water Quality Standards

In addition to the other requirements of this Part, no effluent shall, alone or in

combination with other sources, cause a violation of any applicable water quality

standard. When the Agency finds that a discharge which would comply with effluent

standards contained in this Part would cause or is causing a violation of water quality

standards, the Agency shall take appropriate action under Section 31 or Section 39 of the

Act to require the discharge to meet whatever effluent limits are necessary to ensure

compliance with the water quality standards. When such a violation is caused by the

cumulative effect of more than one source, several sources may be joined in an

enforcement or variance proceeding, and measures for necessary effluent reductions will

be determined on the basis of technical feasibility, economic reasonableness and fairness

to all dischargers.

Section 304.106 Offensive Discharges

In addition to the other requirements of this Part, no effluent shall contain settleable

solids, floating debris, visible oil, grease, scum or sludge solids. Color, odor and

turbidity must be reduced to below obvious levels.

Section 304.120 Deoxygenating Wastes

Except as provided in 35 Ill. Adm. Code 306.SubpartC, all effluents containing

deoxygenating wastes shall meet the following standards:

a) No effluent shall exceed 30 mg/L of five day biochemical oxygen demand

(BOD5) (STORET number 00310) or 30 mg/L of suspended solids

(STORET number 00530), except that treatment works employing three

stage lagoon treatment systems which are properly designed, maintained

and operated, and whose effluent has a dilution ratio no less than five to

one or who qualify for exceptions under subsection (c) shall not exceed 37

mg/L of suspended solids.

b) No effluent from any source whose untreated waste load is 10,000

population equivalents or more, or from any source discharging into the

Chicago River System or into the Calumet River System, shall exceed 20

mg/L of BOD5 or 25 mg/L of suspended solids.

c) No effluent whose dilution ratio is less than five to one shall exceed 10

mg/L of BOD5 or 12 mg/L of suspended solids, except that sources

employing third-stage treatment lagoons shall be exempt from this

subsection (c) provided all of the following conditions are met:

1) The waste source qualifies under one of the following categories:

A) Any wastewater treatment works with an untreated waste

load less than 2500 population equivalents, which is

sufficiently isolated that combining with other sources to

aggregate 2500 population equivalents or more is not

practicable.

B) Any wastewater treatment works in existence and

employing third-stage treatment lagoons on January 1,

1986, whose untreated waste load is 5000 population

equivalents or less and sufficiently isolated that combining

to aggregate 5000 population equivalents or more is not

practicable.

C) Any wastewater treatment works with an untreated waste

load of 5000 population equivalents or less, which has

reached the end of its useful life by January 1, 1987, and is

sufficiently isolated that combining to aggregate 5000

population equivalents or more is not practicable.

D) Any wastewater treatment works with an untreated waste

load of 5000 population equivalents or less which has

reached the end of its useful life and which has received an

adjusted standard determination from the Board that it

qualifies for a lagoon exemption. Such a Board

determination will only be made in an adjusted standard

proceeding, held in accordance with Section 28.1 of the

Environmental Protection Act [415 ILCS 5/28.1] and

applicable procedures set forth by 35 Ill. Adm. Code 104.

i) In an adjusted standard proceeding the Board may

determine that the petitioning wastewater treatment

source qualifies for a lagoon exemption if the

wastewater treatment works proves that it is so

situated that a land treatment system is not a

suitable treatment alternative. Factors relevant to a

suitability finding may include the following: cost;

influent character; geographic characteristics;

climate; soil conditions; hydrologic conditions; and

the availability of irrigable land.

ii) For the purposes of subsection (c)(1)(D), a land

treatment system is a wastewater treatment system

which does not directly discharge treated effluent to

waters of the State but instead uses the treated

effluent to irrigate terrestrial vegetation;

2) The lagoons are properly constructed, maintained and operated;

and

3) The deoxygenating constituents of the effluent do not, alone or in

combination with other sources, cause a violation of the applicable

dissolved oxygen water quality standard.

d) No effluent discharged to the Lake Michigan basin shall exceed 4 mg/L of

BOD5 or 5 mg/L of suspended solids.

e) Compliance with the numerical standards in this Section shall be

determined on the basis of the type and frequency of sampling prescribed

by the NPDES permit for the discharge at the time of monitoring.

f) For the purposes of this Section, useful life is the period of time during

which it is cost effective to operate and maintain a particular wastewater

treatment works under consideration. At a minimum, the following

factors relating to a wastewater treatment works shall be considered in a

determination of its useful life:

1) Structural and operational condition of components;

2) Past operations and maintenance record;

3) Cost for continued use; and

4) Description and costs of treatment alternatives.

g) Compliance with the 5 day biochemical oxygen demand (BOD5)

numerical standard in this Part will be determined by the analysis of 5 day

carbonaceous biochemical oxygen demand (CBOD5) (STORET number

80082), unless federal regulations require treatment works treating

industrial wastes to comply with more stringent requirements determined

by the analysis of BOD5. Effluent from the treatment works subject to the

requirements of Section 304.120(a) shall not exceed 25 mg/L CBOD5.

(Source: Amended at 27 Ill. Reg. 194, effective December 20, 2002)

Section 304.121 Bacteria

a) Effluents discharged to all general use waters shall not exceed 400 fecal

coliforms per 100 ml unless the Illinois Environmental Protection Agency

determines that an alternative effluent standard is applicable pursuant to

subsection (b).

b) The Agency shall, as part of the NPDES Permit Program under 35 Ill.

Adm. Code 309.Subpart A, determine the applicable standard only in

accordance with the requirements of Sections 302.209 and 302.306.

1) The discharger must demonstrate and document the following:

A) The character of the receiving waters pursuant to Sections

302.202, 302.209, and 302.306.

B) The discharge will not cause downstream waters to exceed

the applicable fecal coliform water quality standards

pursuant to Sections 302.209 and 302.306.

2) Alternate effluent standards consistent with Sections 302.209 and

302.306 shall be applied on either a year-round or seasonal basis

consistent with the documentation provided by the discharger.

(Source: Amended at 12 Ill. Reg. 12064, effective July 12, 1988)

Section 304.122 Total Ammonia Nitrogen (as N: STORET number 00610)

a) No effluent from any source which discharges to the Illinois River, the

Des Plaines River downstream of its confluence with the Chicago River

System or the Calumet River System, and whose untreated waste load is

50,000 or more population equivalents shall contain more than 2.5 mg/L

of total ammonia nitrogen as N during the months of April through

October, or 4 mg/L at other times.

b) Sources discharging to any of the above waters and whose untreated waste

load cannot be computed on a population equivalent basis comparable to

that used for municipal waste treatment plants and whose total ammonia

nitrogen as N discharge exceeds 45.4 kg/day (100 pounds per day) shall

not discharge an effluent of more than 3.0 mg/L of total ammonia nitrogen

as N.

c) In addition to the effluent standards set forth in subsections (a) and (b) of

this Section, all sources are subject to Section 304.105

(Source: Amended at 26 Ill. Reg. 16948, effective November 8, 2002)

Section 304.123 Phosphorus (STORET number 00665)

a) No effluent discharge within the Lake Michigan Basin shall contain more

than 1.0 mg/

of phosphorus as P.

b) No effluent from any source which discharges to a lake or reservoir with a

surface area of 8.1 hectares (20 acres) or more, or to any tributary of such

a lake or reservoir whose untreated waste load is 2500 or more population

equivalents, and which does not utilize a third-stage lagoon treatment

system as specified in subsections 304.120(a) and (c), shall exceed 1.0

mg/

of phosphorus as P; however, this subsection shall not apply where

the lake or reservoir, including any side channel reservoir or other portion

thereof, on an annual basis exhibits a mean hydraulic retention time of

0.05 years (18 days) or less.

c) Pursuant to Section 28.1 of the Environmental Protection Act (Act) [415

ILCS 5/28.1], the owner or operator of any source subject to subsection

(b) of this Section may apply for an adjusted standard. In addition to the

proofs specified in Section 28.1(c) of the Act [415 ILCS 5/28.1(c)], such

application shall, at a minimum, contain adequate proof that the effluent

resulting from grant of the adjusted standard will not contribute to cultural

eutrophication, unnatural plant or algal growth or dissolved oxygen

deficiencies in the receiving lake or reservoir. For purposes of this

subsection (c), such effluent shall be deemed to contribute to such

conditions if phosphorus is the limiting nutrient for biological growth in

the lake or reservoir, taking into account the lake or reservoir limnology,

morphological, physical and chemical characteristics, and sediment

transport. However, if the effluent discharge enters a tributary at least

40.25 kilometers (25 miles) upstream of the point at which the tributary

enters the lake or reservoir at normal pool level, such effluent shall not be

deemed to contribute to such conditions if the receiving lake or reservoir

is eutrophic and phosphorus from internal regeneration is not a limiting

nutrient.

d) For the purposes of this Section the term "lake or reservoir" shall not

include low level pools constructed in free flowing streams or any body of

water which is an integral part of an operation which includes the

application of sludge on land.

e) Compliance with the limitations of subsection (b) of this Section shall be

achieved by the following dates:

1) Sources with the present capability to comply shall do so on the

effective date of this Section;

2) All other sources shall comply as required by NPDES permit.

f) For purposes of this Section, the following terms shall have the meanings

specified:

1) "Dissolved oxygen deficiencies" means the occurrence of a

violation of the dissolved oxygen standard applicable to a lake or

reservoir.

(BOARD NOTE: Dissolved Oxygen standards for general use

waters are set forth at 35 Ill. Adm. Code 302.206; Dissolved

Oxygen standards for secondary contact or indigenous aquatic life

waters are set forth at 35 Ill. Adm. Code 302.405.)

2) "Euphotic zone" means that region of a lake or reservoir extending

from the water surface to a depth at which 99% of the surface light

has disappeared or such lesser depth below which photosynthesis

does not occur.

3) "Eutrophic" means a condition of a lake or reservoir in which there

is an abundant supply of nutrients, including phosphorus,

accounting for a high concentration of biomass.

4) "Eutrophication" means the process of increasing or accumulating

plant nutrients in the water of a lake or reservoir. Cultural

eutrophication is eutrophication attributable to human activities.

5) "Internal regeneration" means the process of conversion of

phosphorus or other nutrients in sediments of a lake or reservoir

from the particulate to the dissolved form and the subsequent

return of such dissolved forms to the euphotic zone.

6) "Limiting nutrient" means a substance which is limiting to

biological growth in a lake or reservoir due to its short supply or

unavailability with respect to other substances necessary for the

growth of organisms.

7) "Unnatural plant or algal growth" means the occurrence of a

violation of the unnatural sludge standard applicable to a lake or

reservoir with respect to such growth.

(BOARD NOTE: Unnatural sludge standards for general use

waters are set forth at 35 Ill. Adm. Code 302.203; unnatural

sludge standards for secondary and indigenous aquatic life waters

are set forth at 35 Ill. Adm. Code 302.403.)

g) Except as provided in subsection (h) of this Section, any new or expanded

discharges into General Use waters from the following treatment works

not covered by subsections (b) through (f) of this Section, are subject to

monthly average permit limits for total phosphorus of 1 mg/

1) Treatment works with a Design Average Flow of 1.0 million

gallons per day or more receiving primarily municipal or domestic

wastewater; or

2) Any treatment works, other than those treating primarily municipal

or domestic wastewater, with a total phosphorus effluent load of 25

pounds per day or more.

3) For purposes of this subsection:

A) A new discharge means a discharge from a treatment works

constructed after February 2, 2006.

B) An expanded discharge means a discharge from any

existing treatment works that would be greater than the

flowrates permitted prior to February 2, 2006.

h) Discharges qualifying under subsections (g)(1) and (g)(2) of this Section

may not be subject to the requirements of subsection (g) of this Section

provided the discharger demonstrates that phosphorus from treatment

works is not the limiting nutrient in the receiving water. The Agency may

impose alternative phosphorus effluent limits where the supporting

information shows that alternative limits are warranted by the aquatic

environment in the receiving stream.

i) No additional phosphorus limitations are required pursuant to Sections

304.105 and 35 Ill. Adm. Code 302.203 for the discharges that comply

with the requirements of subsection (g) or (h) of this Section.

j) The provisions of subsections (g), (h), and (i) of this Section apply until

such time as the Board adopts a numeric water quality standard for

phosphorus and the adopted standard is approved by the USEPA.

k) The averaging rules under subsections (a)(2) and (a)(3) of Section

304.104 do not apply to permit limits established pursuant to

subsection (g) or (h) of this Section.

(Source: Amended at 30 Ill. Reg. 2365, effective February 2, 2006)

Section 304.124 Additional Contaminants

a) No person shall cause or allow the concentration of the following

constituents in any effluent to exceed the following levels, subject to the

averaging rules contained in Section 304.104(a).

Chromium (hexavalent)

Oils (hexane soluble or

Total Suspended Solids

(From sources other

than those covered by

Section 304.120)

00530 15.0

b) Discharges of hexavalent chromium shall be subject to the averaging rule

of Section 304.104 modified as follows: monthly averages shall not

exceed 0.1 mg/l; daily composites shall not exceed 0.3 mg/l; and, grab

samples shall not exceed 1.0 mg/l.

c) Oil may be analytically separated into polar and nonpolar components. If

such separation is done, neither of the components may exceed 15 mg/l

(i.e. 15 mg/l polar materials and 15 mg/l nonpolar materials).

d) Unless otherwise indicated, concentrations refer to the total amount of the

constitutent present in all phases, whether solid, suspended or dissolved,

elemental or combined, including all oxidation states. Where constituents

are commonly measured as other than total, the word "total" is inserted for

clarity.

e) The following table is provided for cross referencing purposes:

CONSTITUENT SECTION(S)

(Source: Amended in R88-1 at 13 Ill. Reg. 5976, effective April 18, 1989)

Section 304.125 pH

a) Except as provided below no person shall cause or allow the negative

logarithm of the hydrogen ion concentration (pH) in any effluent to be more

or less respectively than the maximum and minimum values for pH range

indicated in the following table:

b) The pH limitation is not subject to the averaging rule contained in Section

304.104(a).

c) Effluents which are monitored so as to provide a permanent, continuous

pH record may be outside of the listed range for a total of not more than

fifteen minutes in any day provided the excursion is accidental and less

than one pH unit above or below the listed range.

d) The pH 9 maximum limitation may be exceeded if the elevated pH level:

1) is caused entirely by algae in treatment lagoons, in which case

there is no upper pH limit; or

2) is caused by the addition of alkali in the waste water treatment

process to cause precipitation of barium, cadmium, chromium,

copper, lead, manganese, zinc or other materials requiring such

elevated pH for treatment, in which case the upper limit shall be

pH 10 and subsection (c) shall not apply to the upper limit.

e) The burden of proving that paragraph (c) or (d) applies is upon the

discharger.

(Source: Added at 6 Ill. Reg. 563, effective December 24, 1981)

Section 304.126 Mercury

a) Except as provided below, no person shall cause or allow the

concentration of mercury in any effluent to exceed the following level,

subject to the averaging rule contained in Section 304.104(a).

b) It shall be an exception to paragraph (a) if all of the following conditions

are met:

1) The discharger does not use mercury; or, the discharger uses

mercury and this use cannot be eliminated; or, the discharger uses

mercury only in chemical analysis or in laboratory or other

equipment and takes reasonable care to avoid contamination of

wastewater; and,

2) The effluent mercury concentration is less than 0.003 mg/l, as

determined by application of the averaging rules of Section

304.104(a); and

3) The discharger is providing the best degree of treatment consistent

with technological feasibility, economic reasonableness and sound

engineering judgment. This may include no treatment for

mercury; and

4) The discharger has an inspection and maintenance program likely

to reduce or prevent an increase in the level of mercury discharges.

c) It shall be an exception to paragraph (a) if all of the following conditions

are met:

1) The discharger is a publicly owned or publicly regulated sewage

treatment works; and

2) The discharger does not use mercury; or, the discharger uses

mercury only in chemical analysis or in laboratory or other

equipment and takes reasonable care to avoid contamination of

wastewater; and

3) The effluent mercury concentration is less than 0.003 mg/l, as

determined by application of the averaging rules of Section

304.104(a); provided, however, that daily averages may exceed

0.006 mg/l 30% of the time; and

4) The discharger has enforceable ordinances or contract provisions

whereby it limits use of mercury by dischargers and discharge of

mercury into its sewage system; and

5) The discharger's limitations on use and discharge of mercury to its

sewage system are at least as stringent as those provided in Section

307.103; and

6) The discharger has a surveillance program with a reasonable

likelihood of determining sources of mercury discharged to the

sewage system; and

7) The discharger takes all lawful steps to eliminate known mercury

discharges to the sewage system which contribute levels in excess

of those allowed by Section 307.103; and

8) The discharger reports all known violations of Section 307.103 to

the Agency.

d) For purposes of permit issuance the Agency may consider application of

the exceptions of this section to determine compliance with this section.

The Agency may impose permit conditions necessary or required to assure

continued application of an exception. When paragraph (b) applies, the

Agency may impose an effluent limitation in the permit which allows

discharge of a concentration of mercury greater than 0.0005 mg/l but not

more than 0.003 mg/l.

(Source: Added at 6 Ill. Reg. 563, effective December 24, 1981)

Section 304.140 Delays in Upgrading (Repealed)

(Source: Repealed at R88-1 at 13 Ill. Reg. 5976, effective April 18, 1989)

Section 304.141 NPDES Effluent Standards

a) No person to whom an NPDES Permit has been issued may discharge any

contaminant in his effluent in excess of the standards and limitations for

that contaminant which are set forth in his permit.

b) No person may discharge any pollutant subject to, or which contributes or

threatens to cause a violation of, any applicable federal or state water

quality standard, effluent standard, guideline or other limitation,

promulgated pursuant to the CWA or the Act, unless limitation for such a

pollutant has been set forth in an applicable NPDES Permit. However, the

Agency may, by permit condition, provide that the permittee may

discharge pollutants present in its water supply intake sources in

concentrations not greater than the concentrations in the intake sources, or

which are added in trace amounts by normal domestic water usage.

c) The standards of this Chapter shall apply to thermal discharges unless,

after public notice and opportunity for public hearing, in accordance with

Section 316 of the CWA and applicable federal regulations, the

Administrator and the Board have determined that different standards shall

apply to a particular thermal discharge.

Section 304.141(b) was declared invalid in Peabody Coal Co. v. PCB, 3 Ill. App. 3d 5

(5th District, 1976) and declared valid in U.S. Steel v. PCB, 52 Ill. App. 3d 1 (2d

District, 1977).

Section 304.142 New Source Performance Standards (Repealed)

(Source: Repealed at 8 Ill. Reg. 1600, effective January 18, 1984)

SUBPART B: SITE SPECIFIC RULES AND EXCEPTIONS NOT OF GENERAL

APPLICABILITY

Section 304.201 Wastewater Treatment Plant Discharges of The Metropolitan

Water Reclamation District of Greater Chicago

a) Calumet Treatment Plant Cyanide Discharges:

The effluent standards of Section 304.124 as applied to cyanide

discharges, Sections 304.120(b) and (c) and Section 304.122 do not apply

to BOD5, total suspended solids, cyanide, and ammonia-nitrogen

discharged from the Calumet Sewage Treatment Works of The

Metropolitan Water Reclamation District of Greater Chicago. Instead, it

must meet the following effluent standard, subject to the averaging rule of

Section 304.104(a), effective July 1, 1988:

b) North Side Sewage Treatment Works:

The effluent standards of Sections 304.120(b) and (c) and 304.122 do not

apply to BOD5, total suspended solids, and ammonia-nitrogen discharged

from the North Side Sewage Treatment Works of The Metropolitan Water

Reclamation District of Greater Chicago. Instead, it must meet the

following standard, subject to the averaging rule of Section 304.104(a)

effective July 1, 1988:

(Source: Amended at 20 Ill. Reg. 3528, effective Februrary 8, 1996.)

Section 304.202 Chlor-alkali Mercury Discharges in St. Clair County

The mercury discharge standards of Sections 304.124 and 307.103 shall not apply to any

manufacturing facility which operates chlor-alkali cells, is located in St. Clair County

and discharges directly or indirectly into the Mississippi River; or to any publicly owned

treatment works which receives such a manufacturing facility's wastewater. The amount

of mercury discharged by any such manufacturing facility shall not exceed an average of

114 g/day (0.25 pounds per day) during any calendar month and maximum of 227 g (0.5

pounds) during any one day. Any publicly owned treatment works which, directly or

indirectly, receives such a manufacturing facility's wastewater shall be entitled to

discharge mercury in excess of the levels provided in Section 304.124 to the extent that

said discharge exceeds those levels because of such a manufacturing facility's discharge.

(Source: Amended at 6 Ill. Reg. 563, effective December 24, 1981)

Section 304.203 Copper Discharges by Olin Corporation

This section applies to an existing facility owned by Olin Corporation which discharges

to Wood River Creek and the East Fork of Wood River Creek in Madison County. Such

discharges shall not be subject to Section 304.105 as it applies to the water quality

standard for copper of 35 Ill. Adm. Code 302.208.

(Source: Added at 7 Ill. Reg. 3020, effective March 4, 1983)

Section 304.204 Schoenberger Creek: Groundwater Discharges

a) This rule shall apply to discharges from an existing facility owned by

Pfizer Corporation to Schoenberger Creek immediately south of the

Baltimore and Ohio main tracks in T2N, R9W of the 3rd P.M., St. Clair

County.

b) This rule shall apply only to discharges of groundwater used as non-

contact cooling water in which naturally occurring background

concentrations have not been increased by industrial or other human use.

c) Instead of the general effluent standards set forth in Section 304.124 for

the listed parameters, these discharges shall not exceed the following

Total Suspended Solids

00530

(Source: Added at 7 Ill. Reg. 8111, effective June 23, 1983)

Section 304.205 John Deere Foundry Discharges

a) This Section applies to existing effluent discharges from an existing

nodular iron foundry owned by Deere and Company which discharges to

tributaries of Sugar Creek in Sections 29 and 30, T18N, R1E of the Fourth

Principal Meridian, Rock Island County.

b) If paragraphs (c) and (d) are met, such discharges shall not be subject to

Section 304.105 as it applies to the following water quality standards:

1) 35 Ill. Adm. Code 302.211(c);

2) 35 Ill. Adm. Code 302.211(d); and,

3) 35 Ill. Adm. Code 302.208 with respect to total dissolved solids

and iron (total).

c) No person shall cause or allow temperature in any effluent discharge

subject to this Section to exceed 37 degrees C (98 degrees F) at any time.

d) No person shall cause or allow the concentration of total dissolved solids

(STORET 70300) in any effluent discharge subject to this Section to

exceed 2200 mg/l, subject to the averaging rule of Section 304.104.

(Source: Added at 7 Ill. Reg. 14515, effective October 14, 1983)

Section 304.206 Alton Water Company Treatment Plant Discharges

This Section applies to the existing 18.3 million gallons per day potable drinking water

treatment plant owned by the Alton Water Company which is located at, and discharges

into, river mile 204.4 on the Mississippi River. Such discharges shall not be subject to

the effluent standards for total suspended solids and total iron of 35 Ill. Adm. Code

304.124.

(Source: Added at 8 Ill. Reg. 3687, effective March 14, 1984)

Section 304.207 Galesburg Sanitary District Deoxygenating Wastes Discharges

a) The deoxygenating wastes general effluent standards of Section

304.120(c) shall not apply to the Galesburg Sanitary District discharges

into Cedar Creek. Such discharges must meet the deoxygenating wastes

general effluent standards set below:

b) The above standard shall apply so long as the Galesburg Sanitary District

achieves:

1) by November 1, 1984, compliance with 35 Ill. Adm. Code

302.206 throughout Cedar Creek downstream of the treatment

plant outfall, by effluent aeration, in-stream aeration, or other

means,

2) by November 1, 1984, the prevention of overflows from the

intercepting sewers prior to surcharging except where basement

back-ups would result,

3) by March 1, 1984, an operational procedure for the influent pumps

which prevents interceptor surcharging at flows below hydraulic

capacity,

4) by March 1, 1984, the elimination of all downspout connections,

and

5) by November 1, 1984, the prevention of inflow by sealing all

leaking catch basins, replacing all leaking manhole lids and

frames, and sealing drainage inlets.

c) If the conditions set out in paragraph (b), above, are not met, the

deoxygenating wastes general effluent standards of Section 304.120(c)

shall apply to the Galesburg Sanitary District discharges into Cedar Creek.

(Source: Added at 8 Ill. Reg. 8237, effective May 29, 1984)

Section 304.208 City of Lockport Treatment Plant Discharges

a) This Section applies only to discharges from the City of Lockport's

sewage treatment plant into Deep Run Creek in Will County, Illinois.

b) The provisions of Section 304.120 shall not apply to said discharges,

provided that said discharges shall not exceed 20 mg/l of five day

biochemical oxygen demand (BOD5) (STORET number 00310) or 25

mg/l of total suspended solids (STORET number 00530).

c) The provisions of Section 302.212(b) and Section 302.212(e) shall not

apply to said discharges, provided that said discharges do not cause or

contribute to a violation of water quality standards in the DesPlaines River

or the Chicago Sanitary and Ship Canal.

(Source: Added at 9 Ill. Reg. 1379, effective January 21, 1985)

Section 304.209 Wood River Station Total Suspended Solids Discharges

The limitation on the discharge of Total Suspended Solids contained in Section

304.124(a) shall not apply to the discharge from the ash pond system of Illinois Power

Company's Wood River Station, located in East Alton, Illinois. Instead, the

concentration of Total Suspended Solids shall not exceed 30 mg/l as an average of daily

values for thirty (30) consecutive days and shall not exceed 50 mg/l as a maximum for

any one (1) day.

(Source: Added at 9 Ill. 4510, effective March 22, 1985)

Section 304.210 Alton Wastewater Treatment Plant Discharges

The discharge from the City of Alton's (Alton) sewage treatment works outfall 001 sewer

located on Wood River Creek, approximately 1,000 feet from its confluence with the

Mississippi River, shall not be subject to Section 304.120(c). Instead, Alton's discharge

shall not exceed the following limitations: 20 milligrams per liter for five day

biochemical oxygen demand (BOD5) (STORET number 00310) and 25 milligrams per

liter for total suspended solids (STORET number 00530). Compliance shall be

determined consistent with Section 304.120(e).

(Source: Added at 12 Ill. Reg. 10712, effective June 9, 1988)

Section 304.211 Discharges From Borden Chemicals and Plastics Operating

Limited Partnership Into an Unnamed Tributary of Long

Point Slough

The effluent standards for total dissolved solids and chloride discharged from the

Illiopolis, Illinois facility of Borden Chemicals and Plastics Operating Limited

Partnership into an unnamed tributary of Long Point Slough shall comply with the

following effluent limitations as measured at the point of discharge to the unnamed

tributary:

Total Dissolved

Solids

3,000 mg/l daily maximum

Chloride

900 mg/l daily maximum

(Source: Added at 15 Ill. Reg. 241, effective December 18, 1990)

Section 304.212 Sanitary District of Decatur Discharges

a) This Section applies only to effluent discharges from the Sanitary District

of Decatur's Sewage Treatment Plant into the Sangamon River, Macon

County, Illinois.

b) The provisions of Section 304.120(c) shall not apply to said discharges,

provided that said discharges shall not exceed 20 mg/l of five day

biochemical oxygen demand (BOD5) (STORET number 00310) and 25

mg/l of total suspended solids (STORET number 00530).

(Source: Added at 11 Ill. Reg. 3117, effective January 28, 1987)

Section 304.213 PDV Midwest Refining, L.L.C. Refinery Ammonia Discharge

a) This Section applies to discharges from the PDV Midwest Refining,

L.L.C. (PDVMR) Refinery, located in Lemont into the Chicago Sanitary

and Ship Canal.

b) The requirements of Section 304.122(b) shall not apply to the discharge.

Instead PDVMR must meet applicable Best Available Technology

Economically Achievable (BAT) limitations pursuant to 40 CFR 419.23

(1992) incorporated by reference in subsection (c). PDVMR shall also

meet a monthly average limitation for ammonia nitrogen of 9.4 mg/l and a

daily maximum limitation of 26.0 mg/l.

c) The Board incorporates by reference 40 CFR 419.23 (1992) only as it

relates to ammonia nitrogen as N. This incorporation includes no

subsequent amendments or editions.

d) PDVMR shall continue its efforts to reduce the concentration of ammonia

nitrogen in its wastewaters.

e) PDVMR shall monitor the nitrogen concentration of its oil feedstocks and

report on an annual basis such concentrations to the Agency.

f) PDVMR shall submit the reports described in subsection (e) no later than

60 days after the end of a calendar year.

g) The provisions of this Section shall terminate on December 31, 2008.

(Source: Amended at 22 Ill. Reg. 687, effective December 31, 1998)

Section 304.214 Mobil Oil Refinery Ammonia Discharge

a) This Section applies to discharges from Mobil Oil Corporation’s Refinery,

located near Joliet, into the Des Plaines River.

b) The requirements of Section 304.122(b) do not apply to Mobil’s

discharge. Instead Mobil’s discharge may not exceed the following

limitations:

CONSTITUENT CONCENTRATION

c) Section 304.104(a) does not apply to this Section. Monthly average and

daily composites are as defined in Section 304.104(b).

d) Mobil shall monitor the nitrogen concentration of its oil feedstocks and

report on an annual basis such concentrations to the Agency. The report

shall be filed with the Agency by January 31 of each year.

e) The provisions of this Section shall terminate on December 31, 2007.

(Source: Amended at 22 Ill. Reg. 3512, effective February 3, 1998)

Section 304.215 City of Tuscola Wastewater Treatment Facility

Discharges

The requirements of Section 304.123(c) shall not apply to the discharges from the City of

Tuscola's wastewater treatment facility into Scattering Fork Creek, Douglas County,

Illinois.

(Source: Added at 12 Ill. Reg. 8658, effective May 10, 1988)

Section 304.216 Newton Station Suspended Solids Discharges

The limitation on the discharge of total suspended solids (TSS) contained in Section

304.124(a) does not apply to the discharge from the ash pond system of Central Illinois

Public Service Company's Newton Station (CIPS), located in Jasper County. Instead,

CIPS' ash pond system discharge shall not exceed 30 mg/l monthly average and 50 mg/l

daily composite for TSS, and 15 mg/l monthly average and 30 mg/l daily composite for

non-volatile TSS. The definitions of Section 304.104(b) apply to these effluent limits.

(Source: Added at 12 Ill. Reg. 13966, effective August 23, 1988)

Section 304.218 City of Pana Phosphorus Discharge

The general effluent standard for phosphorus as P contained in Section 304.123 shall not

apply to discharges from the City of Pana wastewater treatment plant. Instead these

discharges shall comply with an effluent limitation of 2.8 mg/l phosphorus as P as

measured at the point of discharge.

(Source: Added at 14 Ill. Reg. 20719, effective December 11, 1990)

Section 304.219 North Shore Sanitary District Phosphorus

Discharges

a) This Section applies to discharges from the North Shore Sanitary District

excess flow discharge facilities at Waukegan and North Chicago into Lake

Michigan;

b) The requirements of Section 304.123(a) shall not apply to the phosphorus

content of the North Shore Sanitary District excess flow discharges from

Waukegan and North Chicago into Lake Michigan. Instead, the following

requirements shall apply to North Shore Sanitary District discharges into

Lake Michigan:

1) The North Shore Sanitary District shall discharge no effluent into

Lake Michigan from its Waukegan treatment plant until after that

plant has achieved its maximum treatment flow capacity and all

the Waukegan treatment plant excess flow retention reservoirs are

full to capacity;

2) The North Shore Sanitary District shall discharge no effluent into

Lake Michigan from its North Chicago treatment plant until after

that plant has achieved its maximum treatment flow capacity, the

North Chicago treatment plant excess flow retention reservoirs are

full to capacity, the maximum rate of transfer of untreated effluent

to Gurnee has been achieved, the Gurnee treatment plant has

achieved its maximum treatment flow capacity, and the Gurnee

treatment plant excess flow retention reservoirs are full to capacity.

c) The North Shore Sanitary District shall increase the maximum peak

treatment flow capacity of its Waukegan treatment plant to at least 44

million gallons per day before January 1, 1992;

d) The North Shore Sanitary District shall increase the maximum peak

treatment flow capacity of its Gurnee treatment plant to 39 million gallons

per day before January 1, 1989;

e) The North Shore Sanitary District shall increase the excess flow retention

reservoir capacity at its Gurnee treatment plant to 50 million gallons

before January 1, 1991;

f) The North Shore Sanitary District shall operate its Waukegan or North

Chicago treatment plant at its maximum treatment flow capacity during

any period in which less than 90 percent of the retention reservoir capacity

is available to receive excess flows at the relevant treatment plant, except

when such unavailability results during times of normal treatment plant

and/or retention basin maintenance; and

g) The North Shore Sanitary District shall, as required pursuant to Section

309.141, immediately embark on a program of excess flow and water

quality impact monitoring, shall periodically submit the data from such

monitoring to the Illinois Environmental Protection Agency ("Agency"),

and shall submit a comprehensive study of this data and monitoring for the

period 1987 through 1991 to the Board and the Agency before April 1,

1992.

(Source: Added at 12 Ill. Reg. 20126, effective November 16, 1988)

Section 304.220 East St. Louis Treatment Facility,

Illinois-American Water Company

This Section applies to the potable drinking water treatment plant owned by Illinois-

American Water Company (Company) which is located at East St. Louis, and which

discharges into the Mississippi River. The discharges of the plant shall not be subject to

the effluent standards for total suspended solids and total iron of Section 304.124,

provided that the Company uses only biodegradable coagulants approved by the United

States Environmental Protection Agency pursuant to Section 1442(a) and (b)(1) of the

Safe Drinking Water Act (42 U.S.C. 300j-1(a) and (b)(1) as acceptable drinking water

additives. The Company, in consultation with the Illinois Environmental Protection

Agency, shall conduct a comprehensive study of the effects of the use of those coagulants

on the receiving stream, including but not limited to information on the toxicity of the

discharge, both to humans and to fish; the concentration of the coagulants in the

discharge as compared with the raw water application rate of the coagulants; and the rate

and chemical pathway for degradation of the coagulants. This Section will expire on

January 1, 1992.

(Source: Added at 13 Ill. Reg. 2060, effective February 6, 1989)

Section 304.221 Ringwood Drive Manufacturing Facility in

McHenry County

The general effluent standards for deoxygenating wastes contained in Section 304.120

shall not apply to discharges from the manufacturing facility located on Ringwood Drive

in Ringwood, McHenry County, which discharges to an unnamed tributary of Dutch

Creek. Instead these discharges shall comply with the following effluent limitations as

measured at the point of discharge after the third lagoon and prior to discharge to the

unnamed tributary:

BOD5

25 mg/l

May to September monthly average

35 mg/l

May to September daily maximum

60 mg/l

October to April monthly average

70 mg/l

October to April daily maximum

(Source: Added at 14 Ill. Reg. 9437, effective May 31, 1990)

Section 304.222 Intermittent Discharge of TRC

The acute TRC water quality standard of 35 Ill. Adm. Code 302.208 and 302.504(a) by

operation of Section 304.105 shall not apply to any discharge which contains TRC solely as

the result of intermittent usage for antifouling purposes related to the operation of

condensers and cooling systems. For the purposes of this Section usage of chlorine or

related substances measurable as TRC shall be deemed to be intermittent if usage is

restricted to a maximum of two hours per day per condenser or cooling system unit.

Discharge concentration of TRC averaged or composited over the discharge period shall

not exceed 0.2 mg/l nor shall the TRC concentration exceed 0.5 mg/l at any time.

(Source: Amended at 22 Ill. Reg. 1351, effective December 24, 1997.)

SUBPART C: TEMPORARY EFFLUENT STANDARDS

Section 304.301 Exception for Ammonia Nitrogen Water Quality Violations

(Repealed)

(Source: Repealed at 21 Ill. Reg. 364, effective December 23, 1996)

Section 304.302 City of Joliet East Side Wastewater

Treatment Plant

This Section applies only to the City of Joliet's East Side Wastewater Treatment Plant

which discharges into Hickory Creek in Will County, Illinois. The discharges of that

plant shall not be subject to the effluent standards of Section 304.120(c), provided that

those discharges meet the five day biochemical oxygen demand (BOD) and suspended

solids limitations of Section 304.120(b). This Section will expire on January 1, 1994.

(Source: Added at 13 Ill. Reg. 851, effective January 9, 1989)

Section 304.303 Amerock Corporation, Rockford Facility

a) This Section applies only to stormwater discharges from Amerock

Corporation's Rockford facility into North Kent Creek in Winnebago

County, Illinois.

b) Instead of the general effluent limitations set forth in Section 304.124(a)

for the following listed parameters, stormwater discharges from

Amerock's Rockford facility shall not exceed the following limitations:

Chromium (hexavalent)

Total Suspended Solids

00530

300.0

c) This Section is not effective after December 31, 2000.

(Source: Added at 18 Ill. Reg. 11574, effective July 7, 1994)

Section 304.APPENDIX

Reference to Previous Rules

The following table is provided to aid in referencing old Board rule numbers to section

numbers pursuant to codification.

Chapter 3: Water Pollution Part IV,

Effluent Standards

35 Ill. Admin. Code Part 304