ILLINOIS POLLUTION CONTROL BOARD
April
21,
1988
IN
THE
MATTER OF:
PROPOSED SITE SPECIFIC
RULE
)
R87—35
CHANGE FOR THE CITY OF EAST
MOLINE’S PUBLIC WATER SUPPLY
TREATMENT PLANT DISCHARGE:
35
ILL. ADM.
CODE 304.218
PROPOSED RULE
FIRST NOTICE.
ORDER OF THE BOARD
(by J.
Anderson):
This matter comes before the Board
on the October
9,
1987
petition for site specific rule change filed by
the City
of East
Moline,
Rock
Island County.
East Moline seeks this rule change
to allow
for
the discharge by
its drinking water treatment plant
of effluent containing solids
to
the Mississippi
River.
This
effluent does not meet
the requirements of
35 Ill.
Adm. Code
304.106
or
35
Ill.
Adm.
Code 304.124(a)
for iron, manganese
and
total suspended solids.
Section
304.124(a)
establishes
the
following effluent limitations applicable
to East Moline’s
effluent discharge:
iron
2.0 mg/l, manganese
1.0 mg/l and total
suspended solids 15.0 mg/I.
East Moline seeks
a
total exemption
from these
standards,
alleging that
the general standard as
applied
to East Moline
is economically unreasonable, and
that the
proposed rule would
adequately protect
the water quality of the
Mississippi River.
No hearings have been held on this petition.
The Board
notes
that,
by Order
of December
17,
1987,
it denied
a request
to
consolidate this rulemaking with R87—34 which
is
a petition filed
by the City of Rock Island,
Rock
Island County,
seeking
identical
relief
for discharges
from
its drinking water
treatment plant.
Instead,
the Board directed the Hearing Officer
to coordinate the
hearings
in these matters
to the extent practicable.
On January 21,
1988,
the Board adopted Resolution 88—1,
which outlined various procedures which
the Board would begin
to
utilize
in order
to expedite
the rulemaking process.
One of
these procedures
is
for
the Board
to send
a regulatory proposal
to First Notice before
ruling on
the merits of
the proposal.
The
Board finds
that
it
is appropriate
to utilize
that procedure
in
this proceeding.
As
a result,
the Board hereby adopts the proposal set forth
below for First Notice and directs
the Hearing Officer
to cause
the publication of the proposal
in
the Illinois Register.
This
88-463
—2—
action
is
in
no way
to be construed
as the Board’s substantive
position with regard
to this matter.
Consistent with RES—88—l,
the Board directs
the Hearing
Officer
to schedule only one merit hearing
in this matter.
No
other hearings will
be scheduled unless the Board finds that the
issues of
this proceeding warrant further
investigation.
In
addition,
the Hearing Officer
is
to establish deadlines for the
pre-filing
of testimony and exhibits
for anyone who wishes
to
introduce evidence at the merit hearings and for
the pre—filing
of questions concerning these submittals.
Those who do not
prefile
such materials will be
able to present
their
evidence
only
if time permits at the end
of the hearing process.
The Board believes that such procedures will accelerate
the
rulemaking process and
at the same time provide continued
opportunity
for public participation.
Finally,
the Board notes
that
if its fiscal
resources
permit,
the Board would intend
to schedule the hearing concerning
this proposal before this fiscal
year ends on June
30,
1988,
and
directs that a suitable time
table
for the pre—hearing exchange
of information be developed.
ORDER
The Board directs the Hearing Officer
to submit,
the
following proposed amendments to the Secretary
of State’s Office
for
First Notice publication.
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
Nitrogen
(STORET number 00610)
304.123
Phosphorus
(STORET number 00665)
88—464
—3—
Additional Contaminants
pH
Mercury
Delays
in Upgrading
NPDES Effluent Standards
New Source Performance Standards
(repealed)
SUBPART
B:
SITE SPECIFIC RULES AND EXCEPTIONS
NOT OF GENERAL APPLICABILITY
Section
304.201
304.202
304.203
304.204
304.205
304.206
304.207
304.208
304.209
304.212
304. 213
304.214
304.218
Appendix A
Calumet Treatment Plant Cyanide Discharges
Chlor—alkali Mercury Discharges
in St. Clair County
Copper Discharges by Olin Corporation
Schoenberger
Creek: Groundwater Discharges
John Deere Foundry Discharges
Alton Water Company Treatment Plant Discharges
Galesburg Sanitary District Deoxygenating Wastes
Discharges
City of Lockport Treatment Plant Discharges
Wood River Station Total Suspended Solids
Discharges
Sanitary District of Decatur Discharges
Union Oil Refinery Ammonia Discharge
Mobil Oil Refinery Ammonia Discharge
City of East Moline Drinking Water Treatment Plant
Discharge
SUBPART C:
TEMPORARY EFFLUENT STANDARDS
Exception
for Ammonia Nitrogen Water Quality
Violations
References
to Previous Rules
AUTHORITY:
Implementing Section
13 and authorized by Section
27
of the Environmental Protection Act (Ill.
Rev.
Stat.
1981,
ch.
111—1/2, pars 1013 and 1027)
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.
Req.
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,
304.124
304.125
304.126
304.140
304.141
304.142
Section
304. 301
88—465
—4—
effective October
14,
1983;
amended
at
7
Ill.
Req.
14910,
effective November
14,
1983;
amended at
8
Iii.
Req.
1600,
effective January
18,
1984;
amended
at
8
Ill.
Req.
3687,
effective March
14, 1984;
amended
at
8
Ill.
Reg.
8237,
effective
June
8,
1984;
amended
at
9
Ill.
Req.
1379, effective January 21,
1985;
amended
at
9
Ill.
Req.
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.
Req.
7291,
effective April
3,
1987;
amended
in R86—17(A)
at
11
Ill. Reg.
14748,
effective August
24,
1987;
amended
in R84—l6
at
12
Ill.
Req.
2445, effective January
15,
1983;
amended
in R37—35
at
______
Ill.
Reg.
______
effective
________________
Section
304.218
City
of East Moline Drinking Water Treatment
Plant Discharges
This Section applies
to the existing water treatment plant known
as the East Moline Public Water Supply Treatment
Plant, owned
by
the City of East Moline, which discharges
into the Mississippi
River.
Such discharges shall not be subject to the effluent
standards
for total
suspended solids,
iron and manganese
of
35
Ill. Adm.
Code 304.124.
(Source:
Added
at
_____,
Ill.
Reg.
____________
effective
_________________
IT
IS SO ORDERED.
I,
Dorothy M.
Gunn,
Clerk of
the Illinois Pollution Control
Board, hereby certify
that the above Order was adopted on
the ~/‘~4’day
of
____________,
1988,
by
a vote of
7—c’
~.
/~~_-~
Dorothy M.~inn, Clgrk
Illinois P~llutionControl
Board
88—466