BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    IN THE MATTER OF:
    1
    1
    PROPOSED EXTENSION OF ADJUSTED STANDARD
    )
    AS 06-
    APPLICABLE TO ILLINOIS-AMERICAN
    1
    (Adjusted Standard)
    WATER COMPANY'S ALTON PUBLIC WATER
    1
    SUPPLY FACILITY DISCHARGE
    )
    TO THE MISSISSIPPI RIVER
    1
    NOTICE
    OF
    FILING
    PLEASE TAKE NOTICE that on October 3 1,2006, the PETITION FOR EXTENSION OF
    ADJUSTED STANDARD and the MOTION TO INCORPORATE BY REFERENCE
    THE
    PETITION FOR ADJUSTED STANDARD FILED IN DOCKET NUMBER AS 99-6, AND
    THE SITE SPECIFIC IMPACT STUDY ACCEPTED INTO EVIDENCE IN
    DOCKET
    NUMBER AS 99-6, INTO PETITIONER'S PETITION FOR ADJUSTED STANDARD
    PURSUANT TO 3 5 ILL. ADM. CODE 10 1.3
    06(a) were filed with the Clerk of the Pollution
    Control Board. A copy of each is herewith served upon you.
    Respectfully submitted,
    ILLINOIS-AMERICAN WATER COMPmY
    By:
    By:
    Alison
    M. Nelson, #206 1 82
    Blackwell Sanders Peper Martin LLP
    720 Olive St., 24th Floor
    St. Louis,
    MO 63 101
    Telephone: (3 14) 345-6000
    Facsimile: (3 14) 345-6060
    Attorneys for Petitioner
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    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    IN THE MATTER OF:
    1
    )
    PROPOSED EXTENSION OF ADJUSTED STANDARD
    )
    AS 06-
    APPLICABLE TO ILLINOIS-AMERICAN
    )
    (Adjusted Standard)
    WATER COMPANY'S ALTON PUBLIC WATER
    )
    SUPPLY FACILITY DISCHARGE
    TO THE MISSISSIPPI
    RIVER
    )
    )
    I hereby file my appearance in this proceeding on behalf of Petitioner, Illinois-American Water
    Company.
    720 Olive St., 24th Floor
    St. Louis, MO 63
    101
    Telephone: (3 14) 345-6000
    Facsimile: (3 14) 345-6060
    Email: bhiles@;blackwellsanders.com
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    BEFORE THE ILLINOIS POLLUTION CONTROL BOA1EPT9
    IN THE MATTER OF:
    1
    )
    PROPOSED EXTENSION OF ADJUSTED STANDARD
    )
    AS 06-
    APPLICABLE TO ILLINOIS-AMERICAN
    )
    (Adjusted Standard)
    WATER COMPANY'S ALTON PUBLIC WATER
    )
    SUPPLY FACILITY DISCHARGE
    )
    TO THE MISSISSIPPI RIVER
    )
    I hereby file my appearance in this proceeding on behalf of Petitioner, Illinois-American Water
    Company.
    ~liGn
    hk
    Nelson, #206 182
    Blackwell Sanders Peper Martin LLP
    '720 Olive St., 24th Floor
    St. Louis,
    MO 63 101
    Telephone: (3 14) 345-6000
    Facsimile: (3 14) 345-6060
    Email:
    anelso1~@,blackwel1sander~.com
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    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    IN THE MATTER OF:
    )
    )
    PROPOSED EXTENSION OF ADJUSTED STANDARD
    )
    AS 06-
    APPLICABLE TO ILLINOIS-AMERICAN
    )
    (Adjusted Standard)
    WATER COMPANY'S ALTON PUBLIC WATER
    1
    SUPPLY FACILITY DISCHARGE
    1
    TO THE MISSISSIPPI RIVER
    )
    PETITION FOR EXTENSIBON OF ADmSTED STMDAm
    Petitioner, Illinois-American Water Company ("Illinois-American9'), by its attorneys
    Bradley S. Hiles and Alison M. Nelson, pursuant to Section 28.1 of the Illinois Environmental
    Protection Act ("the
    Act9'), 41 5 111. Coinp. Stat. 5128.1 and Part 104 of the Procedural Rules of
    the Illinois Pollution Control Board
    ("Board"), 35 Ill. Adin. Code Part 104, respectfully requests
    the Board to adopt an extension of Adjusted Standard 99-6, the adjusted standard now applicable
    to
    Illinois-American's public water supply treatment facility in Alton, Illinois (the "Alton
    facility"). Adjusted Standard 99-6, which is scheduled to expire on October 16,2007, provides
    that the effluent standard for offensive discharges at 35
    Ill. Adin. Code 304.106, the effluent
    standard for total suspended solids (TSS) at 35
    Ill. Adin. Code 304.124, and the effluent standard
    for total iron at 35
    Ill. Adrn. Code 304.124 shall not apply to discharges froin the Alton facility,
    and that the general use water quality standard for offensive discharges at 3
    5
    Ill. Adin. Code
    302.203 shall not apply to a one mile stretch of the Mississippi River which receives effluent
    fi-oin the Alton facility and is iininediately downstream fi-om the Alton facility's discharge.
    SUMMARY
    OF
    THE CASE AJVD THE ISSUE PmSENTED
    Adjusted Standard 99-6 (sometimes referred to as "AS 99-6") was issued by the Board, in
    large part, because of a sediment reduction project now known as the Piasa Creek Watershed
    Project (sometimes referred to as "PCWP" or "the Project"). Funded by Illinois-American at a
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    rate of $41 5,000lyear for ten years, the Project was expected to reduce soil loading into the
    Mississippi River by two tons for every one ton of solids in the Alton facility's effluent. Not
    knowing whether the 2 to
    1 offset would be attained, the Board inserted two safeguards in AS
    99-6. First, the Board obligated Illinois EPA to assess the effectiveness of the Project at the
    five-
    year mark (roughly October, 2005) to determine if the Project was on pace to reach its 2 to 1
    objective by the end of the ten year period. Second, the Board imposed a seven-year sunset
    provision into AS 99-6, in case the Project fails to meet expectations.
    The issue in the present proceeding is whether the Piasa Creek Watershed Project has
    been effective enough
    after five years that the 2 to 1 offset will likely be achieved by the end of
    the ten year period. The answer is
    simple and cannot be disputed. The Proiect has already
    achieved its goal
    -
    a savings of 6,600 tons of soil
    -
    four years ahead of schedule. In fact, the
    Project is a model of success which has been showered with accolades statewide
    (i.e.
    the
    Governor's Pollution Prevention Award) and nationally.
    Furthermore, the Project has achieved
    an additional result that was not initially
    contemplated by AS 99-6 or Illinois-American: total
    iron loading
    froin the Piasa Creek Watershed has been reduced so significantly that the offset
    ratio
    from the Alton facility in recent years is no less than 3.8 to 1 (and perhaps as great as 8.8 to
    1) for that metal. Further reductions will be achieved as Illinois-American continues to fund the
    Project into 2010. The TSS reductions attained by the Project will be sustained through
    stewardship activities completed on the lands owned, leased, or under cooperative agreement
    with Great Rivers Land Trust ("GRLT"), a local non-profit land trust.
    With AS 99-6, the Board set in motion a cooperative effort among a public water
    supplier, the state's
    environmental protection agency, and a non-profit land trust that has
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    achieved remarkable success and has exceeded the expectations of all stakeholders years ahead
    of schedule. Accordingly, AS 99-6 should be extended indefinitely.
    I
    ,
    BACKGROUND
    1.
    Illinois-American Water Company operates a public water supply treatment
    facility in Alton, Illinois, in Madison County. This public water supply treatment facility (the
    "Alton facility") is located along the Mississippi River near River Mile 204. Illinois-American
    constructed the Alton facility in 1999 and 2000 to replace an aged facility previously located at
    that site (the "previous
    facility"), which was inundated by the Mississippi River in 1993 and
    threatened again in 1995. The Alton facility was constructed across a highway
    froin the previous
    facility, and was constructed on the top of a bluff to minimize the potential for future flooding.
    2.
    In connection with the
    consti-uction of the Alton facility, Illinois-American filed a
    petition on March 19, 1999, for an adjusted standard from the generally-applicable effluent
    standards for offensive discharges, total suspended solids, and total iron, and
    froin the general
    use water quality standard for offensive conditions (the "March 1999 Petition"). The March 1999
    Petition was offered and received by the Board in a previous proceeding, In the Matter of:
    Petition of Illinois-American Water Company's Alton Public Water Supply Replacement Facility
    Discharge to the Mississippi River for an Adjusted Standard
    froin 35 Ill. Adm. Code 302.203,
    304.106, and 304.124 (Sept.
    7, 2000), AS 99-6.'
    3.
    As part of the March 1999 Petition, Illinois-American submitted a Site-Specific
    Analysis of Impacts of Potential Alternatives for Handling Public Water Supply Residuals at
    Proposed Alton, IL Facility (the "Site Specific Impact
    Study" or "SSIS9') prepared by ENSR, an
    environmental consulting and engineering
    finn, dated March 1999. The purpose of the Site
    '
    By separate w-itten request filed on the date of this Petition, Illinois-Alnerican has moved to incorporate by reference the March
    1999 Petition into evidence in the present proceeding pursuant to 35 Ill. Adm. Code 304.106.
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    Specific Impact Study was to provide the Board with sufficient infonnation regarding the
    environmental impact, technical feasibility, and economic reasonableness of the potential
    alternatives to treat discharges
    from the Alton facility; to satisfy state and federal requirements
    under various substantive and procedural statutes; and to address Illinois Environmental
    Protection Agency ("IEPA" or "the Agency") concerns about the new facility. The Site Specific
    Impact Study was offered to and received in evidence by the Board in a previous proceeding,
    the Matter of: Petition of Illinois-American Water Company's Alton Public Water Supply
    Replaceinent Facility Discharge to the Mississippi River for an Adjusted Standard from 35
    Ill.
    Adin. Code 302.203, 304.106, and 304.124 (Sept. 7,2000), AS 99-6.
    4.
    On September 7,2000, the Board adopted Adjusted Standard 99-6, which
    provided that the effluent standard for offensive discharges at 35
    Ill. Adm. Code 304.106 and the
    effluent standard for total suspended solids (TSS) at 35
    Ill. Adm. Code 304.124 shall not apply to
    discharges
    froin the Alton facility, and that the general use water quality standard for offensive
    conditions at 35
    Ill. Adin. Code 302.203 shall not apply to a one mile stretch of the Mississippi
    River which receives effluent from the Alton facility and is
    immediately downstream froin the
    Alton facility's discharge. Opinion
    &
    Order of the Board, In the Matter of: Petition of Illinois
    American Water Coinpany's Alton Public Water Supply Replacement Facility Discharge to the
    Mississippi River for an
    Adiusted Standard from 35 Ill. Adin. Code 302.203, 304.106. and
    304.124 (Sept.
    7,2000), AS 99-6 at 21 ("Opinion
    &
    Order of the Board dated Sept. 7,2000").
    On October 19,2000, the Board issued an order modifying AS 99-6 to provide that the effluent
    Petitioner believes it is unnecessary to rehash all of the findings and conclusions from the SSIS in the present proceeding, which
    has the success of the
    PCWP as its prinlary focus. However, Petitioner also recognizes that the Board's procedures do not have a
    focused process for Extension Petitions. Therefore, since the SSIS has already been accepted into evidence by the Board,
    Petitioner has
    inoved by a separate written request filed on the date of this Petition to incorporate by reference the Site Specific
    Impact Study into evidence in the present proceeding pursuant to
    35 Ill. Adin. Code 304.106. Findings and conclusions froin the
    SSIS, to the extent relevant in this proceeding, remain reliable today.
    See Affidavit of Alley Ringhausen (attached to this Petition
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    standard for total iron at 35 Ill. Adm. Code 304.124 also shall not apply to discharges from the
    Alton facility. Order of the Board, In the Matter of: Petition of Illinois-American Water
    Company's Alton Public Water Supply Replacement Facility Discharge to the Mississippi River
    for an Adjusted Standard from 35
    Ill. Adm. Code 302.203, 304.106, and 304.124 (Oct. 19,
    2000), AS 99-6 at 5 ("Order of the Board dated Oct. 19,2000").
    5.
    As a condition of AS 99-6, the Board required Illinois-American to enter into a
    contract with GRLT for a
    sediment loading reduction project to be managed by GRLT.
    See
    Opinion
    &
    Order of the Board dated Sept. 7,2000 at 5. This sediment loading reduction project
    has come to be known as the Piasa Creek Watershed Project. The Board required the contract to
    specify that Illinois-American must provide a
    miniinurn of $4,150,000.00 to GRLT for the
    Project.
    Id.
    6.
    The goal of
    the Piasa Creek Watershed Project is to reduce sedimentation in the
    78,000 acre Piasa Creek Watershed, located in portions of Jersey, Madison, and
    Macoupin
    counties, by approximately 6,600 tons of soil per year by the year 201 0.' The Piasa Creek
    discharges into the Mississippi River approxiinately 5.5
    iniles upstream from the point at which
    the Alton facility discharges into the River. The 6,600 tons in sedimentation reductions, if
    achieved, would represent a 2 to 1 offset of the 3,300 tons of TSS that were anticipated to be
    present in the Alton facility's effluent. That is, the Piasa Creek Watershed Project, if successful,
    would prevent two tons of soil
    fi-oin entering the Mississippi River for every one ton of TSS that
    Illinois-American's Alton facility was anticipated to discharge into the River each year.
    as Attachment A), at 7712-1 3; Affidavit of Howard
    0.
    Andrews, Jr. (attached to this Petition as Attachillent E), at 112,4-5;
    Affidavit of Paul ICeck (attached to this Petition as Attachment D), at 773, 6-8.
    The goal was established in the contract between Illinois-American and the Great Rivers Land Trust. (See Piasa Creek
    Watershed Report,
    Attachinent B to the Petition, at Appendix 1, p. 5). Illinois-Ainerican entered into that contract as a condition
    of AS 99-6.
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    7.
    The Board's September 7,2000 Order directs the Agency to make a
    detennination of the Project's effectiveness after five years, which coincides with the renewal of
    Illinois-American's NPDES pennit for its Alton facility.
    See
    Opinion
    &
    Order of the Board
    dated Sept. 7, 2000 at 16.
    In its Order dated October 19,2000, the Board extended the deadline
    for this review to reflect the
    time that had passed since its September 7,2000 Order was adopted.
    See
    Order of the Board dated Oct. 19,2000 at 5.
    8.
    The Board's September 7,2000 Order also provides that if the Project is showing
    signs of success by the five year mark, Illinois-American will continue to fund the second half of
    the ten year project.
    See
    Opinion
    &
    Order of the Board dated Sept. 7,2000 at 16. (Illinois-
    American has continued to fund the Project since the five-year anniversary.) In addition, that
    Order provides that if the Project is not showing signs of success at that time, the Agency will
    either give Illinois-American a set amount of time to fix the Project, or will require Illinois-
    Anerican to treat the effluent
    fioin the new facility as a condition for Illinois-American to
    receive a new NPDES
    pennit.
    Id.
    (The Agency has
    imposed either obligation on Illinois-
    American because the Project has shown signs of success.) The
    Agency's Final Brief in the
    initial proceeding before this Board regarding AS 99-6 similarly notes that "in the case of an
    insunnountable failure of the
    prograin the Agency will require treatment of the water plant's
    effluent" as a
    pennit condition. IEPA, Final Brief of Illinois Environmental Protection Agency,
    Proposed
    Adiusted Standard Applicable to Illinois-American Water Company's Public Water
    Supply Replacement Facility Discharge to the Mississippi River (June
    20,2000), AS 99-6 at 5.
    9.
    The Piasa Creek Watershed Project has been reinarkably successful. As of the
    five year mark on October 19,2005, the Project had achieved a savings of approximately 6,487
    tons of soil per year.
    See
    Affidavit of Alley Ringhausen (attached to this Petition as Attachment
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    A) at
    "1[.
    So, at the Project's half-way point in 2005, the ten-year goal had nearly been achieved.
    As of October 12,2006, the Project has already surpassed the ten-year goal, by achieving a
    savings of
    approxiinately 6,69 1 tons of soil per year.
    Id.
    Mr. Alley Ringhausen, Executive
    Director of GRLT, estimates that by 201 0, the Project will achieve a savings of no less than
    10,000 tons per year, and may save as
    much as 12,000 to 15,000 tons per year.
    Id.
    As a result of
    its success in achieving such savings, the Project has received the 2002 Illinois Governor's
    Pollution Prevention Award as well as
    numerous other awards from nationally-recognized
    environmental organizations.
    Id.
    at 78. The national awards bestowed on the Piasa Creek
    Watershed Project include:
    the Trees Forever National Award for the
    BusinesslEducatio~onprofit
    Category, which is awarded to one business or organization that has improved
    water quality and promoted land stewardship;
    a National Resource Conservation Service's Conservation Academy Award,
    which is awarded in recognition of conservation-related achievements;
    o
    a U.S. Deparhnent of Agriculture Earth Team Volunteer Program Award,
    which is awarded to organizations that achieve a certain level of volunteer
    participation; and
    one of three Soil and Water Conservation Society's National Merit awards,
    which are given in recognition of an outstanding project by an organization
    that promotes conservation of soil, water, and related natural resources.
    10.
    But the Piasa Creek Watershed Project is far
    inore successful than these numbers
    indicate. As noted above, the Project has already achieved this 6,600 ton mark. The actual
    ainount of TSS in the Alton facility's effluent is, however, far lower than anticipated. While the
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    6,600 ton goal is based on the estimate that the Alton facility would discharge approxiinately
    3,300 tons of TSS each year, this estimate was based on predicted operating conditions, and the
    actual operating conditions at the facility differ
    froin those predicted.
    See
    Affidavit of Paul Keck
    (attached to this Petition as Attachment D) at
    71 5. If this estimate had been calculated using the
    actual operating conditions at the facility, the estimated tons of TSS discharged each year would
    have been 1
    ,545.4
    Id.
    Using this estimate calculated on the basis of actual operating conditions at
    the facility, the reductions achieved so far by the Project have resulted in an offset of 4.3 to 1.
    1 1.
    This Petition relies on the estimated tons of TSS discharged (1,545) to calculate
    the offset for the reductions achieved so far by the Project because this estimate is based on the
    same fonnula previously utilized before this Board, but incorporates data reflecting actual
    operating conditions of the facility. However, another set of data could also be utilized to
    examine TSS loading. This data was generated by a
    inandate imposed by Illinois EPA, under
    which Illinois-American
    must collect and analyze grab sainples each month as a condition in the
    facility's NPDES
    pennit.
    See
    Affidavit of Paul Keck at '721. Illinois-American's practice is to
    collect these grab sainples on a
    randoin day each inonth during tiines of discharge froin
    Superpulsator blowdown and filter backwash events.
    Id.
    This practice presents a worst case
    scenario of TSS and total iron in the Alton facility's effluent, as the TSS in Illinois-American's
    effluent is higher during such events.
    Id.
    Based on the data generated froin the 59 grab sainples
    collected
    froin the Alton facility between February 2001 and December 2005, approximately
    1,333 tons of solids are discharged in the facility's effluent each year.
    See
    id;
    Evaluation of
    Residuals (attached to this Petition as Attachment
    C) at 3 .5 Illinois-American is not advocating
    The calculation of this estinlate is outlined in further detail, below.
    See
    1749-50.
    '
    It is iinportant to note, however, that the facility optimized its operations in 2002 by decreasing the time between operational
    maintenance events such as blowdowns
    from the Superpulsator.
    See
    Affidavit of Paul Keck at 71 0. If only the data from 2002-
    2005 is considered, the tons of TSS discharged from the facility each year is 691.
    See
    Evaluation of Residuals at 5.
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    use of this grab sample data in establishing the tons of solids discharged froin the facility,
    because the estimate of 1,545 tons presents a
    inore conservative estiinate of the tons of TSS in
    the facility's effluent and is based on a greater number of
    samples. However, that data is
    consistent with the 1,545 ton estimate,
    see
    Affidavit of Paul Keck at 721, which fbrther validates
    the estimate of TSS discharged.
    12.
    As of the date of this Petition, the Project has also achieved an environmental
    benefit which was not specifically planned but is of significant value and relevance.
    Sedimentation reductions have reduced the total iron discharged to the Mississippi River by
    approximately
    79 tons of total iron per year.
    See
    Evaluation of Residuals at 4. NPDES monthly
    monitoring data for the facility indicates that the Alton facility discharges an average of 21 tons
    of iron per
    year.6
    Id.
    This annual offset of approximately 3.8 to 1 will prevent nearly four tons of
    total iron
    froin entering the Mississippi River for every one ton of total iron that the Alton
    facility discharges into the River each year.
    Id.
    at 5. Data collected by Black
    &
    Veatch in a
    recent sampling supports the conclusion, however, that the
    ainount of iron discharged from the
    facility is far lower than
    inay be gleaned from NPDES monthly monitoring data. Based on Black
    &
    Veatch's study, Illinois-American's discharge contains an average of only 9 tons of iron each
    year, which represents an offset of approxiinately 8.8 to
    1.
    Id.
    The NPDES data from 2002
    through 2005
    (i.e., that data collected after optimization of the facility's operations) generally
    supports this figure; based on that data, Illinois-American's discharge contains an average of
    12.5 tons of iron each year, which represents a 6.3 to 1 offset.
    Id.
    13.
    TSS reductions achieved by the Piasa Creek Watershed Project will be sustained
    through stewardship activities completed on the lands owned, leased, or under cooperative
    Illinois-American does not measure the ainount of iron in the facility's influent, so an estiinate for the amount of iron predicted
    to be discharged
    from the facility is not available.
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    agreement with GRLT. See Affidavit of Alley Ringhausen at 76. In other words, an offset of at
    least 2 to 1 for total suspended solids for the calendar year in question and the four preceding
    calendar years will be maintained year after year. Although additional funding by
    Illinois-
    American will be required for some period of time after the expiration of the ten-year agreement
    between Illinois-American and GRLT, and Illinois-American will provide such funding, the
    Project is expected to reach a point at which it will be sustainable without future funding
    from
    outside sources. See id.
    14.
    The Board9 s October 19,2000 Order imposes a seven-year sunset provision on
    Adjusted Standard
    99-6, and provides that Illinois-American must request an extension of the
    Adjusted Standard past its seventh year. See Order of the Board dated Oct. 19, 2000 at
    4-5.
    Adjusted Standard 99-6 will therefore expire on October 16,2007 unless the Board grants
    Illinois-American an extension to Adjusted Standard 99-6, as requested in this Petition.
    Id.
    at 5.
    15.
    Based on the renewal provisions in the
    Board's Orders dated September 7,2000
    and October 19,2000, and on the overwhelining success of the Piasa Creek Watershed Project,
    the Board should approve this Petition and adopt an extension of Adjusted Standard 99-6.
    16.
    A new sunset provision providing for expiration of the adjusted standard in a set
    number of years is not necessary under these circumstances. In other adjusted standard
    proceedings, this Board has identified several factors that justify use of such a sunset provision to
    allow the Board to revisit a case. See,
    e.g., In the Matter of: Petition of PDV Midwest Refining,
    L.L.C. for a Site-Specific Ruleinaking
    Amendment to 35 Ill. Adm. Code 304.213 (Dec. 17,
    1998), R98-14 at 3 (including a sunset provision when such a provision would encourage the
    petitioner to take advantage of new technology and to continually explore
    methods to lower its
    effluent levels); In the Matter of: Proposal of Union Oil Company of California to Amend the
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    Water Pollution Regulations (March 19, 1 987), R84- 13 at 12 (including a sunset provision when
    the water quality of the receiving stream was expected to change in the near future, when
    granting
    permanent relief would remove any incentive for the petitioner to improve its effluent
    quality, and when the petitioner's evaluation of alternatives was not detailed enough to
    conclusivel~ rule out all alternatives); In the Matter of: Site-Specific Rulemaking for the Sanitary
    District of Decatur, Illinois (Jan. 23,
    1986), R85-15 at 7 (noting that there may be merit in
    considering sunset provisions when granting pennanent relief would utilize a portion of the
    receiving water that would not then be available to future dischargers). Relief of an indefinite
    duration is appropriate in this case because none of the above factors are present. The conditions
    in the Piasa Creek Watershed and the Mississippi River are not likely to change in the near
    future, and
    Illinois-American's Site-Specific Jinpact Study was coinprehensive enough to rule
    out other alternatives. In addition, the Piasa Creek Watershed Project actually reduces the
    amount of TS S and iron in the Piasa Creek Watershed and in the Mississippi River and creates
    capacity in the receiving waters for future dischargers. Therefore, exploration of new
    technologies or alternative methods to reduce the amount of TSS and iron in Illinois-American's
    effluent is not necessary.
    17.
    Permanent relief is also appropriate on these facts because Illinois-American has
    successfully enhanced water quality in the Mississippi River above even the
    most ambitious
    expectations, and this Board has granted pennanent relief to petitioners on lesser grounds.
    See,
    e.g.,
    In the Matter of: Proposal of Mobil Oil Cornoration to Amend the Water Pollution
    Regulations (Feb. 5,
    1987), R84-16 at 8 (holding that a sunset provision was not necessary when
    the petitioner's discharge was "quite close" to the regulation of general applicability).
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    18.
    Finally, requiring subinission to the Board of annual reports reflecting the soil
    savings of the Project and conditioning the adjusted standard on satisfaction of certain conditions
    (such as ensuring that the average offset for the calendar year in question and the four preceding
    calendar years is not reduced below a 2 to 1 offset for total suspended solids), rather than
    including a sunset provision, would allow this adjusted standard to remain in place until the
    Board determines that the adjusted standard is no longer successfully reducing the TSS loading
    to the Mississippi River. This Board has approved the use of a reporting requirement in other
    adjusted standard proceedings, provided that the Board retains
    some oversight over the
    petitioner's compliance with the standard. See,
    e.g., In the Matter of: Ainendinents to Water
    Quality and Effluent Standards Applicable to the Chicago River System and
    Calumet River
    System (March 24,
    1988), R87-27 at 23 (including a reporting requirement); In the Matter of:
    Site Specific Rule for City of
    Effinghain Treatment Plant Fluoride Discharge, 35 Ill. Adm. Code
    304.233 (July
    24,2003), R03-11 at 9 (granting permanent relief, but noting that the Board would
    revisit the standard if the passage of time reveals that the proposed water quality standards are
    not being met).
    II*
    19.
    Neither the Illinois Environmental Protection Act (the "Act") nor the Board's
    rules establish a separate procedure for an extension to an adjusted standard. This Petition
    therefore satisfies the
    requirements for an initial petition for an adjusted standard as required by
    Section 28.1 of the Act and Subpart
    D of Part 104 of the Board's procedural rules.
    20.
    Section 28.1 of the Act provides that after the Board adopts a regulation of
    general applicability, the Board may grant, in a subsequent adjudicatory determination, an
    adjusted standard for persons who can justify such an adjustment consistent with Section 27 of
    the Act. 41 5
    Ill. Coinp. Stat. 518.1 (a). Section 27 of the Act provides in pertinent part as follows:
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    In promulgating regulations under this Act, the Board shall take into
    account the existing physical conditions, the character of the area
    involved, including the character of surrounding land uses, zoning
    classifications, the nature of the
    . . .
    receiving body of water, as the case
    inay be, and the technical feasibility and economic reasonableness of
    measuring or reducing the particular type of pollution.
    415
    Ill. Comp. Stat. 5/27(a).
    21.
    Section 28.1 of the Act also provides that the Board shall adopt procedures
    applicable to adjusted standard
    determinations. 4 1 5 111. Coinp. Stat. 5128.1 (d). The Board
    adopted such procedures at Subpart
    D of Part 104 of the Board's procedural rules. Section
    104.406 (the section of Part 104 that establishes requirements for the contents of a petition for an
    adjusted standard) lists several categories of
    information that must be included in each petition.
    Each of these categories is discussed in greater detail, below.
    22.
    Section 28.3 of the Act also lists several factors that should be considered in an
    adjusted standard proceeding for the direct discharge of waste solids to the Mississippi or the
    Ohio Rivers
    froin clarifier sludge and filter backwash generated in the water purification process
    by any public water supply utilizing the Mississippi or the Ohio Rivers as its raw water source
    that does not utilize
    lime softening in the purification process. 4 1 5 Ill. Comp. Stat. 5/28.3(a).
    That Section provides as follows:
    Justification based upon discharge impact shall include, as a
    minimum, an
    evaluation of receiving streain rations,
    known stream uses, accessibility to
    streain and side land use activities (residential, commercial, agricultural,
    industrial, recreational), frequency and extent of discharges, inspections of
    unnatural bottom deposits, odors, unnatural floating material or color,
    streain
    inorphology and result of streain chemical analyses. Where
    minilnuin impact cannot be established, justification shall also include
    evaluations of streain sediment analyses, biological surveys (including
    habitat assessment), and thorough streain chemical analyses that may
    include but are not limited to analysis of parameters regulated in 35
    Ill.
    Adin. Code 302.
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    41 5 Ill. Comp. Stat. 5/28.3(c). However, that Section, by its terns, applies only to petitions
    submitted no later than January 1, 1991. 41
    5 111. Coinp. Stat. 5/28.3(b). This Board has noted that
    it will therefore
    examine these factors only to the extent relevant to an examination of the factors
    at Section
    28.l(c) of the Act.
    See
    Opinion
    &
    Order of the Board dated Sept. 7,2000 at 6.
    A.
    Standard
    from which
    an
    Adjusted Standard
    is
    Sought
    23.
    Section
    104.406(a) of the Procedural Rules provides that the petition must contain
    a statement describing the standard
    froin which an adjusted standard is sought. This must include
    the Illinois Administrative Code citation to the regulation of general applicability imposing the
    standard as well as the effective date of that regulation.
    24.
    Illinois-American seeks an extension to its adjusted standard from the following
    sections of the Board's Water Pollution Control Regulations: the effluent standard for total
    suspended solids at Section 304.124; the effluent standard for total iron at Section 304.124; the
    effluent standard for offensive discharges at Section 304.106; and the general use water quality
    standard for offensive discharges at Section
    3 02.203.
    25.
    Section 304.124 of the Board's Water Pollution Control Regulations provides that
    no person shall cause or allow the concentration of Total Suspended Solids in any effluent to
    exceed 15.0
    mgil, and that no person shall cause or allow the concentration of total iron in any
    effluent to exceed 2.0
    mgll. These effluent standards apply to all discharges to waters of the State
    of Illinois, regardless of the nature of the receiving stream or the
    environmental impact of the
    discharge. The Board's effluent standards initially became effective on January 6, 1972.
    See
    Opinion of the Board, Effluent Criteria, Water Quality Standards, Water Quality Standards
    Revisions for Intrastate Waters
    (SWB 14) (Jan. 6, 1972), R70-8, R71-14, and R7 1-20 at 19.
    These standards are now codified in Part 304 of the Board's Water Pollution Control
    STLDO 1
    -
    1265007-5
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    Regulations, which becaine effective July 27, 1978. Section 304.124, the section of Part 304
    addressing TSS and iron, was
    ainended in R88- 1 at 13 Ill. Reg. 5976, effective April 18, 1989.
    26.
    Section 304.106 of the Board's Water Pollution Control Regulations provides in
    pertinent part that no effluent shall contain settleable solids or sludge solids, and that turbidity
    must be reduced to below obvious levels. This effluent standard applies to all discharges to
    waters of the State of Illinois, regardless of the nature of the receiving
    stream or the
    environmental impact of the discharge. As noted above, the Board's effluent standards initially
    becaine effective on January 6, 1972.
    See
    id. at 5. These standards are now codified in Part 304
    of the Board's Water Pollution Control Regulations, which becaine effective July 27, 1978.
    27.
    Section 302.203 of the Board's Water Pollution Control Regulations provides in
    pertinent part that waters of the State shall be free
    from sludge or bottom deposits and turbidity
    of other than natural origin. This water quality standard applies to all discharges to waters of the
    State of Illinois for which there is no specific designation. This water quality standard also
    becaine effective on January 6, 1 972.
    See
    id. at 4. This standard is now codified in Part 302 of
    the Board's Water Pollution Control Regulations, which was filed with the Secretary of State on
    January
    1, 1978. Section 302.203, the section of Part 302 addressing water quality, was amended
    at 14
    Ill. Reg. 2899, effective February 13, 1990.
    B.
    Indication of whether the Regulation of General Applicability was
    Promulgated
    to Implement the Requirements of Federal Environmental Law
    28.
    Section 104.406(b) of the Procedural Rules provides that the petition must contain
    a statement that indicates whether the regulation of general applicability was promulgated to
    implement, in whole or in part, the requirements of the Clean Water Act (33 U.S.C.
    5 125 1 et
    seq.); the Safe Drinking Water Act (42 U.S.C.
    5 300(f) et seq.); the Coinprehensive
    Environmental Response, Compensation and Liability Act (42 U.S.C.
    5 9601 et seq.); the Clean
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    Air Act (42 U.S.C. 5 740 1 et seq.); or the State prograins concerning the Resource Conservation
    and Recovery Act, the Underground Injection Control program, or the National Pollution
    Discharge Elimination S ys tein.
    29.
    Neither the effluent standards for total suspended solids and total iron at Section
    304.124 nor the effluent standard for offensive discharges at Section 304.106 was proinulgated
    to iinpleinent the requirements of any of the above-listed federal environmental laws or state
    programs. The Clean Water Act (33 U.S.C.
    5 1251 et seq.) requires effluent standards for
    "discharges of pollutants
    hoin a point source or group of point sources" to be established, 33
    U.S.C.
    5 1312(a), but the effluent standards at Section 304.124 and Section 304.106 apply to all
    discharges to waters of the State of Illinois. See Illinois Institute for Environmental Quality,
    Evaluation of Effluent Regulations of the State of Illinois, Docuinent No. 76/21 at
    4-5 (1 976)
    (noting that federal law
    "differs from Illinois law, in requiring industrial category-specific
    guidelines whereas the Illinois standards apply equally to all dischargers").
    In addition, there are
    no federal categorical effluent liinitations for public water supply treatment facilities. See,
    e.g.,
    SSIS at 1.2; Opinion
    &
    Order of the Board, In the Matter of: Petition for Site-Specific Exception
    to Effluent Standards for the East St. Louis Water Treatment Plant by the Illinois
    American
    Water Coinpanv, PCB 8 5- 1 1 (Feb. 2, 1 989) at 1. Rather, effluent limitations are developed on a
    site specific basis using Best Professional Judgment ("BPJ").
    Id.
    30.
    In contrast, the general use water quality standard for offensive discharges at
    Section 302.203 was proinulgated to iinpleinent the requirements of the Clean Water Act (33
    U.S.C.
    5 1251 et seq.). See 33 U.S.C. 1313(c) (requiring states to adopt water quality standards,
    and noting that whenever states revise water quality standards or adopt a new standard, such
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    revised or new standard shall be submitted to the USEPA Administrator).
    See also
    Opinion
    &
    Order of the Board dated Sept. 7,2000 at 20.
    C.
    Level of Justification Necessary for an Adjusted Standard as Specified by the
    Regulation
    of General Applicability
    3 1.
    Section 104.406(c) of the Procedural Rules provides that the petition must contain
    the level of justification as well as other
    information or requirements necessary for an adjusted
    standard as specified by the regulation of general applicability, or a statement that the regulation
    of general applicability does not specify a level of justification or other requirements.
    32.
    Section 302.124, Section 3 04.106, and Section 302.203 of the Board's Water
    Pollution Control Regulations do not specify a level of justification or other requirement for an
    adjusted standard. Section 28.1 (c) of the Act does, however, specify a level of justification or
    other requireinent for an adjusted standard that applies when no such justification or requireinent
    is specified by the regulation of general applicability. That Section provides as follows:
    If a regulation of general applicability does not specify a level of
    justification required of a petitioner to qualify for an adjusted standard,
    the Board may grant individual adjusted standards whenever the Board
    determines, upon adequate proof by petitioner, that:
    (1) factors relating to that petitioner are substantially and significantly
    different from the factors relied upon by the Board in adopting the
    general regulation applicable to that petitioner;
    (2) the existence of those factors justifies an adjusted standard;
    (3) the requested standard will not result in environmental or health
    effects substantially and significantly more adverse than the
    effects considered by the Board in adopting the rule of general
    applicability; and
    (4) the adjusted standard is consistent with any applicable federal law.
    415
    Ill. Coinp. Stat. 5/28.1(c).
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    I).
    Nature of Illinois-American's Activity that is the Subject of the Proposed
    Adjusted
    Standard
    33.
    Section
    104.406(d) of the Procedural Rules provides that the petition must contain
    a description of the nature of the petitioner's activity that is the subject of the proposed adjusted
    standard. The description
    must also include the location of, and area affected by, the petitioner's
    activity; the
    number of persons employed by the facility at issue; the age of that facility; the
    relevant pollution control equipment already in use; and the qualitative and quantitative
    description of the nature of einissions, discharges or releases currently generated by the
    petitioner's activity. Each of these issues is discussed in greater detail, below.
    1.
    Location of Illinois-American's Activity
    34.
    Illinois American's Alton facility is located on the Mississippi River near River
    Mile 204. The facility site consists of approxiinately 22 acres located within the bounds of the
    City of Alton, Illinois, in Madison County. Alton is located in southwestern Illinois north of St.
    Louis, Missouri. Other local population centers near Alton include the towns of East Alton,
    Elsah,
    Grafton, Bethalto, and Godfrey. Highways that pass near the vicinity of the site include
    Illinois Routes 3, 67, 100, 1 1 1, 140, 143, and 267. The site is located on Illinois Route 100
    (Great River Road), a four-lane highway along the Mississippi River, at the site of a
    forner
    quarry. Access to the site is from Route 100. The site can also be accessed from Grand Avenue,
    an unimproved street. SSIS at 4- 1.
    2.
    Area Affected by Illinois-American's Activity
    35.
    Residential subdivisions are located along the western and northeastern comers of
    the property. The site is abutted by both single and multi-family residences. Land uses near the
    site include higher and inoderate
    income single family residences, apartments, and industrial
    sites. The immediate area is nearly
    fully developed with ininimuin vacant land available. Barges
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    tie up along the River banks just downstream of this area prior to or traveling through the Melvin
    Price Locks and
    Dain. SSIS at 4-2.
    3.
    Number of Persons Employed by Ibois-American's Alton Facility
    36.
    The Alton facility currently employs 3 1 people. The Production Department,
    which works inside the plant itself, employs one management level employee and eight hourly
    employees; the Network
    Department, which performs meter reading and maintenance activities
    for the distribution system, employs one manageinent level employee and 20 hourly employees;
    and the Environmental Management and Compliance Department, which works to ensure that
    Illinois-American's operations in the Alton Water District and the Cairo Water District remain in
    compliance with all applicable permits and laws, employs one management level employee.
    4.
    Age of Alton Facility
    37.
    The Alton facility was constructed in 1999 and 2000 to replace a previous water
    treatment facility that was located near the site of the current facility. The
    "replacement9' facility,
    referred to as the "Alton facility9' or the
    "new Alton facility," began operations on December 3 1,
    2000. As of the date of this Petition, the Alton facility is therefore approximately six years old.
    5.
    Relevant Pollution Control Equipment Already in Use
    38.
    With the exception of several
    ininor changes to the dechlorination process, the
    Alton facility was constructed as proposed in the March 1999 Petition and the Site Specific
    Iinpact Study, and the capacity and output of the facility are consistent with the estimates
    contained therein.
    See
    Affidavit of Paul Keck at 773, 6-8, 14. Much of the infornation in the
    following sections is thus addressed in the March 1999 Petition and the Site Specific Iinpact
    Study, and citations to those documents are provided for reference and completeness.
    39.
    The Alton facility consists of a raw water intake and
    pumping station,
    clarification and filtration units, filtered water storage, and chemical feed facilities. SSIS at 3-4.
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    Clarification of raw water at the facility is provided by four Superpulsator units, which are high
    rate "sludge-blanket" type clarifiers manufactured by Infilco Degremont, Inc. S SIS at 3-5.
    Filtration is provided by six gravity dual media
    (sandlgranular activated carbon) filter units, and
    each filter is equipped with a rate-of-flow controller, filter-to-waste piping, an air wash systein,
    and automated monitors for flow rate, head loss, and water level. The
    chemical feed facilities
    include a sodium thiosulfate dechlorination system.
    See
    Affidavit of Paul Keck at 74. Other
    equipment used at the facility includes an analyzer, controller, flow proportioning systein,
    automatic switchover device,
    difhser, and a scale for cylinders. SSIS at 3-6.
    40.
    Illinois-American uses the technique of chlorainination at the Alton facility. SSIS
    at 3-5. With chlorainination, ammonia is applied just after chlorine treatment in order to
    form
    chlorainines rather than free chlorine residuals.
    See
    Affidavit of Paul Keck at 76. Ammonia and
    chlorine are added to the raw water prior to Superpulsator treatments. As a result, the Total
    Residual Chlorine (TRC) level in the Superpulsator units is approxiinately 1.0 to 1.5
    ingll.
    Id.
    Settled solids are continually removed from the Superpulsators, routed in the Superpulsator
    blowdown trough, and periodically flushed to the effluent discharge.
    41.
    Clarified water
    froin the Superpulsators flows to the six carbodsand dual media
    filter units. SSIS at 3-5 to 3-6. The filtration of the clarified water through carbon causes a
    reduction in chlorine residuals. Chlorine and
    ai~unonia are then re-applied to the filtrate to
    maintain a disinfectant residual in the potable water as it passes on to the clearwell and then to
    the distribution systein; this application raises the level of TRC to the targeted range of 3.0 to 3.5
    mg/L in the finished water.
    See
    Affidavit of Paul Keck at 76. Periodically, finished water froin
    the clearwell is used to backwash the filters to remove accuinulated solids.
    Id.
    at 71 1. Filter
    backwash is routed to the effluent discharge. SSIS at 3-6.
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    42.
    The Alton facility prevents unacceptable TRC concentrations in effluent
    discharge through dechlorination with sodiuin thiosulfate. SSIS at 3-6. There is one
    dechlorination system, which has two feed points that can be used to treat the effluent discharge
    stream.
    See
    Affidavit of Paul Keck at 75. First, a sodiuin thiosulfate feed system feeds to a
    dechlorination basin which receives effluent discharge coinposed of Superpulsator
    blowdown
    and filter backwash. The facility's use of Supervisory Control and Data Acquisition (SCADA)
    prograinrning allows the sodiuin thosulfate dosage to the dechlorination basin to increase during
    filter backwashes to accoininodate the resulting higher flow volume. There is also an alternative
    feed point to the filter backwash influent water that is used if the facility decides to run the filters
    in a biologically active mode. To date, this alternative feed point has not been used.
    Id.
    6.
    Qualitative and Quantitative Description of the Nature of Discharges
    43.
    The Alton facility currently discharges its effluent directly to the Mississippi
    pursuant to Adjusted Standard 99-6. Effluent discharges from the Alton facility include
    operational discharges and maintenance discharges.
    See
    Affidavit of Paul Keck at 78.
    Operational discharges occur regularly (on a daily or weekly basis) during periods when the
    facility is treating raw water, and include return of intake screen wash,
    blowdown froin the
    Superpulsators, and filter backwash. Maintenance discharges occur during the
    semi-annual
    cleaning of accuinulated solids in the clarifier, sedimentation basins, and inixing tanks.
    Id.
    44.
    The two main operational discharges consist of intennittent Superpulsator
    blowdown and filter backwash.
    Id.
    at 79. Approxiinately 72,000 gallons per day ("gpd") of
    blowdown are discharged each day froin the Superpulsators. In addition, approximately 227,000
    gallons of backwash are discharged from the six
    sandlcarbon filters in each filter backwash.
    There are
    normally one to three filter backwashes per day, depending on water temperature and
    turbidity; the daily average for 2005 was 1.6 backwashes per day.
    Id.
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    45.
    The frequency and duration of these blowdowns are generally fixed.
    Id.
    at YO.
    Blowdown in the Superpulsator now occurs twice per hour. Stated differently, the interval
    between blowdowns is approxiinately 30 minutes. Throughout 2001 and early 2002, the intervals
    were less regular
    -
    at times, the interval between blowdowns was as long as 5.5 hours. The
    duration of the filter backwash process is generally fixed at 25 minutes.
    Id.
    at 11 1. Each filter
    runs approxiinately 30 to 120 hours between backwashings.
    Id.
    46.
    The TSS and total iron concentrations in the
    blowdown are highly variable
    because they are dictated by raw water turbidity and plant operational conditions.
    Id.
    at 712.
    Higher levels of TSS and total iron in the raw water generally correlate with higher levels of TSS
    and total iron in the facility's discharge. In addition, longer intervals between blowdowns allows
    solids to build up in the
    blowdown troughs, so the amounts of TSS and total iron in samples
    collected froin Superpulsator blowdowns after such longer intervals will generally be elevated.
    Finally, the flow rate of the facility's influent can affect TSS and total iron in the facility's
    discharge. TSS and iron in the facility's influent can
    become trapped for several hours in the
    solids blanket in a Superpulsator, but a higher flow rate can cause these solids blankets to expand
    and overflow into the collection troughs. Directly following such an overflow, the amount of
    TSS and iron in the facility's discharge will likely be higher.
    Id.
    47.
    Maintenance discharges arise
    froin cleaning accuinulated solids from the
    Supeiyulsators.
    Id.
    at 71
    3.
    These inaintenance discharges occur two tiines per year, and each
    maintenance discharge lasts approximately four days. Approximately 5,000
    gpd of water
    containing residuals are discharged each day during each four day maintenance activity. The
    total annual discharge from maintenance activities is therefore approximately 40,000 gallons.
    Id.
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    48.
    The Alton facility treats sufficient raw water to make available, on average, 8.5
    inillion gallons per day (MGD) of potable water for the Alton area.
    Id.
    at 714. The average
    proportional internal facility
    demand is 0.49 MGD for the average potable water flow of 8.5
    MGD.
    Id.
    The combined flow of 8.99 MGD was therefore considered in quantifying the
    discharges and evaluating the potential discharges in Section
    II.G, below.
    49.
    At the
    time that the original Petition for an Adjusted Standard was prepared,
    Illinois-American and GRLT estimated that the annual dry tons of solids in the Alton facility's
    effluent would be approximately 3,300.
    See
    Piasa Creek Watershed Report, Attachment B to the
    Petition, at Appendix 1, p. 5. This estimate
    assuined that 100% of the TSS in the facility's
    influent would be discharged in the facility's effluent.
    See
    Affidavit of Paul Keck at 11 6. This
    assumption is consistent with facility operations.
    Id.
    However, that estimate was based on
    predictions regarding the operating conditions of the facility, which are different than predicted.
    50.
    The estimated amount of solids discharged assumed that the turbidity of the
    influent of the new Alton facility would be the saine as the turbidity of the influent at the
    previous facility (90 NTU, or 180
    ing/L).
    Id.
    at 17. However, the turbidity of the new facility's
    influent, determined using data collected three
    times each day at the new facility, is 54 NTU (108
    mg/L).
    Id.
    The estiinated ainount of solids discharged also assuined that the daily flow rate for
    the facility would be 1 1.2 MGD, but the actual daily flow rate for the facility is 8.99 MGD.
    Id.
    at
    18. Finally, Illinois-American uses coagulants to precipitate out those solids naturally
    occurring
    in the river water,
    see id.
    at 917, and the estimated amount of solids discharged assumed that the
    application rate of the coagulants would be the saine as in the previous facility (40
    pp~n).~
    The original estimate of the amount of coagulant residuals predicted to be discharged from the facility each year was also
    calculated
    incotrectly.
    Id.
    at 20. If the proper fonnula had been used, the ainount of coagulant residuals predicted to be
    discharged
    froin the facility would have been approxitnately 50 tons per year (rather than the 290 tons set forth in the original
    petition).
    Id.
    This would have resulted in a total estiinated discharge of 3,120 tons each year (3,070 tons of suspended solids in
    the influent, plus 50 tons of coagulant residuals).
    A soil savings of only 6,240 tons thus would achieve a 2 to 1 offset.
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    However, the actual application rate of coagulants is 60 ppm.
    Id.
    at 20. If the formula relied upon
    in the initial petition is used with these actual figures, the estimated tons of solids discharged
    fioin the facility is 1,545.
    Id.
    at 2 1 .8 Even if the daily flow rate of the facility is increased to 16
    MGD (the inaximuin daily flow rate for the facility,
    see
    SSIS 3-4), the estiinated tons of solids
    discharged from the facility is 2,749.
    See
    Affidavit of Paul Keck at 722. These figures are
    considerably lower than the 3,300 annual dry tons of solids estiinated by Illinois-American and
    GRLT when they negotiated their contract in 2000.
    5 1.
    The facility's effluent also contains total recoverable iron. Based upon monthly
    monitoring conducted at the Alton
    facility,9 the average ainount of iron discharged each year by
    the facility is 21 tons.
    See
    Evaluation of Residuals at 4.
    E.
    Efforts Necessary to Comply with the Regulation of General Applicability
    52.
    Section
    104.406(e) of the Procedural Rules provides that the petition must contain
    a description of the efforts that would be necessary if the petitioner were to
    coinply with the
    regulation of general applicability. All compliance alternatives, with the corresponding costs for
    each alternative,
    must be discussed. The discussion of costs must include the overall capital costs
    as well as the annualized capital and operating costs.
    53.
    To prepare its petition to request the adoption of Adjusted Standard 99-6,
    Illinois-
    American conducted a coinprehensive study regarding the efforts that would be necessary if
    Illinois-American were to
    coinply with Section 302.124, Section 304.106, and Section 302.203
    This is consistent with the actual tons of solids measured in the facility's effluent based on the 59 grab samples collected froin
    the new Alton facility between February 2001 and December 2005 and reported to IEPA as required by the facility's NPDES
    pertnit. That data indicates that approximately 1,333 tons of solids are discharged from the facility each year.
    Id.
    The data collected from the facility between February 2001 and December 2005 is used to calculate the ainount of iron
    discharged from the facility each year because the Alton facility does not
    measure the ainount of iron in the facility's influent and
    therefore it is not possible to calculate a predicted value. Although a predicted value for iron based on a large
    number of sa~nples
    obtained from the facility's influent rnay be slightly nlore reliable than a value calculated using the facility's grab sarnples alone,
    Illinois-American's practice of collecting one discrete grab sample per month during times of discharge from Superpulsator
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    of the Board's Water Pollution Control Regulations.
    See
    73, above. This Site Specific Iinpact
    Study evaluated several technologies for treatinent of the effluent
    froin the Alton facility:
    (1) land application; (2) discharge to the Alton publicly owned treatinent works (POTW); (3)
    permanent storage in monofills; and (4) temporary storage and dewatering in lagoons coupled
    with off-site landfilling.
    See
    SSIS at 6-1 to 6-20. Illinois-American also considered direct
    discharge to the Mississippi River without such treatinent. These technologies and the
    corresponding costs of each are discussed in greater detail, below.
    1.
    Land Application
    54.
    One of the options explored by Illinois-Ainei-ican is land application of residuals
    in Illinois-American's effluent. This option involves separating river silts out of the effluent,
    temporarily storing the residuals at the Alton facility, and then transporting these residuals to
    local agricultural land. These residuals would either be applied to the land as a liquid or as a
    dewatered residual called "cake." For liquid residuals, the residuals are injected into the soil, or
    applied to the surface as a spray and then disked or plowed into the soil within 24 hours of
    application. For cake residuals, the residuals are spread in thin layers directly
    froin the truck
    using a device
    similar to a manure spreader and then disked or plowed into the soil.
    55.
    Applying liquid residuals costs between $70 and $300 per ton, which depends on
    the distance the soil
    must be hauled. Significant farmland is not available in the immediate
    vicinity, and residential growth trends in the area indicate that the
    farmland will be even further
    away from the Alton facility in the future. The high end of the cost range is therefore a more
    blowdown and filter backwash events ensures that these sanlples are obtained when concentrations of TSS and total iron are
    likely to be the highest.
    See
    Affidavit of Paul Keck at
    712.
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    reasonable estimate of the cost of such treatinent. Applying dewatered residuals costs between
    $20 and $68 per
    ton.'' SSIS at 6-2 to 6-3.
    56.
    Although land application is technically feasible, this treatment method is
    associated with considerable uncertainty due to weather, public acceptance,
    pennit requirements,
    and land availability. Application
    inay not be feasible during some winter months due to frozen
    soil, and public acceptance of residuals is likely to be low because the residuals add little to (or
    detract
    from) soil fertility. In addition, land application is further coinplicated by pernit
    regulations concerning the content of applied materials. Finally, approximately 263 acres of land
    must be acquired every twenty (20) years due to the manganese content of the effluent. SSIS at
    6-3 to 6-4. This option was eliminated from further consideration when the Alton facility was
    constructed in 1999, and
    remains eliminated at the current time.
    2.
    Discharge to Altcon POTW
    57.
    Another option explored by Illinois-American is the discharge of effluent to the
    Alton POTW, an option similar to that used by
    inany other water treatment facilities.
    58.
    The cost of expansion of the Alton POTW would be similar to the cost if Illinois-
    American were to construct an on-site treatment facility.
    59.
    This option is technologically infeasible for several reasons. Specifically, the
    estimated flow and mass of solids could not be treated at the Alton POTW without expansion of
    the POTW. Without such expansion, the flexibility of the
    POTW's Wre operations would be
    severely curtailed by accepting the Alton facility's residuals. SSIS at 6-4. This option was
    explored on a preliminary basis with the Alton POTW staff, who indicated that this option is not
    lo Fronl this point through paragraph 73, Petitioner will present cost figures for the vasious options it explored in 1999 in order to
    co~nply with the regulation of general applicability. The cost figures reflect costs in the SSIS, which was prepared in 1999.
    Adjusting for inflation, those figures could properly be increased by
    2 1
    %
    according to the "CPI Inflation Calculator" utilized by
    the U.S.
    Depashnent of Labor's Bureau of Labor Statistics.
    See
    www.bls.gov/cpi.cpicalc. Petitioner will, nevertheless, set forth
    all costs in 1999 dollars in this Petition in order to avoid confusion between the Petition and the SSIS.
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    feasible based on potential hydraulic overload of the adjacent sewer system, inadequate slope of
    the inceptor sewer, elimination of the
    POTW's reserve capacity, and a quadrupling of the solids
    loading.
    Id.
    Accordingly, this option was eliminated from hrther consideration when the Alton
    facility was constructed in 1999 and remains eliminated at the current
    time.
    3.
    Permanent Storage in Monofills
    60.
    Illinois-h~eiican also explored perrnanent storage of residual solids in a monofill
    as a treatment option. This option involves the construction of impoundinents for permanent
    storage. SSIS at 6-4. Based on the average loading of 92 tons of wet residuals (10% solids) per
    day over a typical 20 year period, a 40 acre inonofill with a 14 foot depth would be required.
    61.
    The site of the Alton facility is not large enough to construct such a inonofill, so
    Illinois-American would have to purchase
    farnland at a cost of approximately $6,000-$10,000
    per acre. SSIS at 6-4. In addition, the construction of the large, lined impoundinent necessary to
    implement this option would cost at least $20 million, based on preliininaiy estimates calculated
    in 1999. Annual operation and maintenance costs would be approximately $1.3 million.
    62.
    Storage in a
    monofill is neither technologically feasible nor econoinically
    reasonable on a long-tenn basis. SSIS at 6-4. Disposal in monofills is likely to limit the future
    use of the land, and
    replacement inonofills will continually be required. Accordingly, this option
    was eliininated
    fioin fiuther consideration when the Alton facility was constructed in 1999 and
    remains eliminated at the current time.
    4.
    Dewatering Residuals Coupled with Offsite Landfilling
    63.
    Finally, Illinois-American explored temporary storage and dewatering coupled
    with
    offsite landfilling. Dewatering can be accomplished by non-mechanical or mechanical
    techniques, or a combination of
    multiple techniques.
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    64.
    Non-mechanical dewatering techniques such as drying beds and lagoons rely on
    drainage, decanting, evaporation, and freezing processes to dewater residuals. SSIS at 6-5.
    Non-
    mechanical techniques are commonly used because of their simplicity and low operational costs.
    However, use of drying beds requires more land area than use of lagoons and construction costs
    are estimated to be higher, so drying beds were not considered further. Use of lagoons and other
    non-mechanical techniques alone is also not feasible because non-mechanical dewatering can be
    disrupted by fluctuations in climate, and such techniques have a low overload capacity if a
    facility's production of solids is greater than planned.
    65.
    Mechanical dewatering techniques are typically used in the water industry when
    insufficient space is available for non-mechanical processes, when high solids concentrations are
    required
    fo1- disposal, or when economics dictate their use. SSIS at 6-5. Illinois-American
    considered several mechanical dewatering techniques including vacuum filtration, centrifugation,
    and belt filter pressing.
    66.
    In vacuum filtration, a vacuum is applied to a rotating drum surface coated with
    residuals to dewater the solids and to
    form a cake. SSIS at 6-6. The feasibility of using vacuum
    filtration is not clear, however, as this method has only been evaluated on a pilot project scale for
    sludge application due to the high amounts of conditioning chemicals used in producing potable
    water and poor cake yield.
    67.
    Centrifugation is a proven method of dewatering residuals. SSIS at 6-6. Solid
    bowl centrifuge technology is the most
    coininon type of unit used in centrifugation, as such
    technology can operate either in co-current or counter-current flow modes. The costs of
    centrifugation are
    similar to the costs of dewatering using belt filter press technology. However,
    Illinois-American ruled out centrifugation because belt filter press technology is
    inore common
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    and is used in several of Illinois-American's "sister" operations throughout the United States,
    and because
    centrihgation has a poor track record in handling residuals from the Mississippi.
    68.
    The belt filter press uses a well-known and reliable technology to dewater
    residuals. SSIS at 6-6. Although use of a belt filter press is more expensive than use of a
    non-
    mechanical means, belt filter presses produce a higher density product (1 5 to 25 percent solids)
    and thus require less space for landfilling. Space at the Alton facility site is available for filter
    press units and all associated tanks.
    69.
    A combination of non-mechanical and mechanical dewatering is an even more
    viable option for treating residuals
    from the Alton facility. Illinois-American considered a
    dew
    atering technique involving lagoons and belt filter press technology coupled with disposal of
    dewatered residuals in
    offsite landfills. To implement this technique, Illinois-American would
    need to build four one-acre lagoons for dewatering its residuals on-site at the Alton facility. SSIS
    at 6-8. Residuals would be stored in these lagoons until they reached a 4% solid state. This stage
    of the dewatering would have minimal maintenance requirements. After the residuals reach a 4%
    solid state, the residuals would be
    removed from the lagoons and further dewatered in a
    mechanized belt filter press system in order to produce a product that is between 15% to 25%
    solids. The residuals would then be shipped to an
    offsite landfill.
    70.
    Provided that the residuals contain no hazardous waste, the residuals may be
    landfilled in a
    pennitted non-hazardous special waste landfill. Preliminary discussions in 1999
    with the operator of the nearest landfill that accepts residuals from water treatment plants, Waste
    Management Inc., located in Granite City, Illinois, indicated that there was at that time, sufficient
    capacity at the Granite City site to hold residuals from the Alton facility for 30 years. SSIS at
    6-
    6. Presuinably, only 23 years of capacity now reinain.
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    7 1.
    The total capital cost for dewatering residuals fioin the Alton facility through four
    on-site lagoons, pennanent inechanical dewatering by belt filter presses, and subsequent
    landfilling is approximately $7,380,000. SSIS at Table
    D-1A. Assuming that the capital will be
    amortized over 30 years at an interest rate of
    9%, the total annualized cost is approxiinately
    $1.14 million, which is comprised of an annualized capital cost of $720,000 and an annualized
    operation cost of $420,000.
    72.
    Although Illinois-American
    determined that a combination of non-mechanical and
    inechanical dewatering techniques was a viable means of treating its residuals, this option is
    nevertheless a less preferable option than direct discharge to the Mississippi coupled with
    coinpletion of a sedimentation reduction program. The costs for dewatering residuals through
    four on-site lagoons, pennanent inechanical dewatering by belt filter presses, and subsequent
    landfilling are extremely high and do not justify the
    ineager environmental benefits.
    See
    Opinion
    &
    Order of the Board dated Sept. 7,2000 at 11. As landfill capacity diminishes and tipping fees
    increase, Illinois-American believes that it may become cheaper to build a
    monofill which would
    only accept residuals
    froin the facility.
    See id.
    at 12.
    In
    addition, landfilling dewatered residuals
    is an extremely ineffective use of landfill capacity and, over time, the landfill's
    usehl life may
    be shortened and
    inay require construction of another landfill or increased cost and energy to
    haul future trash to other distant landfills.
    Id.
    In addition, an estimated 750 truck trips per year
    will be required on the Great River Road to haul away the treated residuals; two trips per day
    will be required on average, but there could be as many as 17 truck trips per day.
    See id.
    at 13.
    Increased traffic leads to congestion, air pollution
    froin truck exhaust, hazards to safety, and a
    possible decrease in the value of nearby real estate.
    Id.
    Accordingly, this option was eliminated
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    froin further consideration when the Alton facility was constructed in 1999 and remains
    eliminated at the current
    time.
    5.
    Direct Discharge to the Mississippi River
    73.
    Each of the four alternative means of treating Illinois-American's effluent was
    eliminated for the reasons discussed above. Adjusted Standard 99-6 authorized direct discharge
    by Illinois-American to the Mississippi River without such treatment, and the Board should
    continue to authorize such direct discharges at this time. The proposed extension to Adjusted
    Standard 99-6 is discussed in Section
    1I.F' below.
    I?.
    Proposed Adjusted Standard
    74.
    Section
    104.406(f) of the Procedural Rules requires the petition to contain a
    narrative description of the proposed adjusted standard as well as proposed language for a Board
    order imposing the standard. Efforts necessary to achieve this proposed standard and the
    corresponding costs
    must also be presented. These issues are discussed in greater detail, below.
    1.
    Description of Proposed Adjusted Standard
    75.
    Illinois-American petitions the Board to extend Adjusted Standard AS 99-6,
    which provides that the effluent standard for offensive discharges at 35
    Ill. Adm. Code 304.106,
    the effluent standard for total suspended solids (TSS) at 35
    Ill. Adin. Code 304.124, and the
    effluent standard for total iron at 35
    Ill. Adin. Code 304.124 shall not apply to discharges from
    the Alton facility, and that the general use water quality standard for offensive discharges at 35
    Ill. Adin. Code 302.203 shall not apply to a one mile stretch of the Mississippi River which
    receives effluent
    froin the facility and is immediately downstream froin the facility's discharge.
    76.
    The adjusted standard should be conditioned on Illinois-American's coinpliance
    with the
    terrns of the Consulting and Performance Agreeinent between Illinois-American and
    GRLT throughout the
    tenn of that Agreement, and on Illinois-American's agreement to enter
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    into a contract for maintenance of the Project with GRLT or such other nonprofit corporation,
    soil and water conservation district, or other person or entity selected by Illinois-American and
    approved by IEPA, which approval shall not be unreasonably withheld. The order should also
    require Illinois-American to enter into a substitute or additional contract for maintenance of the
    Project if the contract for maintenance is terrninated by either party or if Illinois-American
    determines that a substitute or additional contract is necessary. Any such contract for
    maintenance will require
    Illinois-knerican to provide funds needed to ensure that the average
    offset for the calendar year in question and the four preceding calendar years is not reduced
    below a
    2 to 1 offset for total suspended solids, and will require the contracting party to submit
    to IEPA annual reports detailing the reductions achieved by implementation of the
    sediment
    reduction measures and describing the sediment load reductions achieved for each measure.
    77.
    The relief granted by the adjusted standard should be indefinite in nature, and
    should expire if (a) the Board determines that the conditions of the Mississippi have changed
    such that the adjusted standard is
    made obsolete or infeasible, or (b) the average offset for the
    calendar year in question and the four preceding calendar years fails to reach a
    2 to 1 offset for
    total suspended solids.
    In the event that any of the above events occur, the Adjusted Standard
    should remain in effect for three years
    froin the occurrence of such event. Expiration of the
    Adjusted Standard should be delayed, however, during pendency of a petition for extension, and
    the Board should consider another extension at that
    time, if warranted by the petition.
    78.
    The order should also provide that Illinois-American will not be required to enter
    into any contract for maintenance, or
    inay terminate any then-existing contract for maintenance,
    if new regulations are promulgated that
    liinit or prohibit Illinois-American's discharges to the
    Mississippi or otherwise invalidate the adjusted standard.
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    79.
    Proposed language for a Board order iinposing this adjusted standard is attached
    to this Petition at
    Attachnent F and incorporated herein.
    2.
    Efforts and Costs Necessary to Achieve the Adjusted Standard
    80.
    Achieving the proposed adjusted standard at the Alton facility will require
    Illinois-American to comply with the
    tenns of the Consulting and Performance Agreeinent
    between Illinois-American and GRLT throughout the tern of that Agreeinent. That Agreement
    requires Illinois-American to provide a
    minimum of $4,150,000 to GRLT for completion of the
    sediment loading reduction project
    inanaged by GRLT (the "Project"), payable in equal
    payments of $41 5,000 per year for ten years. Illinois-American has already
    made six of these
    required ten payments. GRLT will use the remaining payments to continue implementation of
    the Project, to monitor sediment reduction, and to take other actions necessary to obtain
    additional soil savings. The Project is anticipated to save 12,000 to 15,000 tons of soil each year
    by the expiration of the Agreeinent.
    See
    Affidavit of Alley Ringhausen at 75. Although
    additional funding by Illinois-American will be necessary after the expiration of the ten-year
    agreement between Illinois-American and GRLT to maintain these savings and Illinois-
    American will provide such necessary funding, the Project is expected to reach a point at which
    it will be sustainable without future funding from outside sources.
    See
    Affidavit of Alley
    Ringhausen at
    @f6.
    Illinois-American and GRLT are currently engaged in discussions regarding a
    potential contract for maintenance.
    6.
    Quantitative and Qualitative Impact on the Environment
    8 1.
    Section
    104.406(g) of the Procedural Rules provides that the petition must contain
    the quantitative and qualitative description of the impact of the petitioner's activity on the
    environment if the petitioner were to
    comply with the regulation of general applicability as
    compared to the quantitative and qualitative
    impact on the environment if the petitioner were to
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    comply with only the proposed adjusted standard. To the extent applicable, cross-media impacts
    must be discussed. Also, the petitioner must compare the qualitative and quantitative nature of
    einissions, discharges or releases that would be expected
    from coinpliance with the regulation of
    general applicability as opposed to that which would be expected from coinpliance with the
    proposed adjusted standard.
    82.
    Illinois-American examined the potential impact
    froin its discharges from the
    Alton facility and concluded that the Alton facility's discharges pose no significant
    iinpact to the
    receiving body of water. SSIS at 5-1 1. Specifically, Illinois-American's analysis indicated that
    the discharge of untreated effluent
    from the Alton facility would not result in either measurable
    sedimentation or observable TSS, and reached similar conclusions regarding aluminum and iron
    in the discharge effluent.
    See id.
    This analysis is discussed in significant detail in the Site
    Specific Iinpact Study.
    See id.
    at 5-1 1 to 5-25.
    83.
    As noted above, the environmental characteristics and conditions of the
    Mississippi River near the Alton facility have not changed significantly since the Site Specific
    Iinpact Study was prepared in March 1999.
    See
    Affidavit of Alley Ringhausen at lql2-13;
    Affidavit of Howard
    0.
    Andrews, Jr. (attached to this Petition as Attachment E) at 772,4-5. In
    addition, the facility was constructed as proposed in the March 1999 Petition and the Site
    Specific Iinpact Study, and the capacity and output of the facility are consistent with the
    estimates contained therein.
    See
    Affidavit of Paul Keck at 773, 6-8, 14. The evaluation set
    forth in the Site Specific Iinpact Study of the
    iinpact of the Alton facility is therefore reliable
    today.
    See
    SSIS at 5-1 1 to 5-25; Affidavit of Paul Keck at 72/23.
    84.
    The flow amount and TSS concentration of the discharge effluent are sensitive to
    intake TSS amounts. SSIS at 5-3. The Study therefore evaluated potential increases based on
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    TSS concentrations in the influent as low as 20 indl and as high as 600 ingll. SSIS at 5-27.
    Under low flow conditions (the worst case scenario), the Study estimated that a river surface area
    of approximately 175 feet by 30 feet (or 0.12 acres) would be subject to concentrations of 1.0 to
    2.5
    mgll higher than ambient levels following a discharge of untreated effluent fioin the Alton
    facility.
    Id.
    This change in TSS concentration is 5% to 13% higher than ambient levels. SSIS at
    5-4. The Study concluded that the lower end of the range represents a value that will be difficult
    to visually discern and very difficult to
    measure with conventional instrumentation.
    Id.
    After the
    edge of this mixing zone, however, the increinental increases in TSS concentration were 0.1
    mgil
    to 0.3 mgll, or 0.43% to 0.06% higher than ainbient levels. SSIS at 5-27.
    85.
    The Site Specific Iinpact Study also concluded that the
    amount of coagulant
    added will not lead to an exceedance of the ainbient water quality standards for either aluminum
    or iron, even under low flow conditions.
    See
    SSIS at 5-4. Under low flow conditions, the
    increinental increase in aluminum concentration is 0.003
    mgil, or a 10.2% increase over ambient
    conditions. SSIS at 5-28. However, under average flow conditions, the increase in
    aluminum
    concentration is estimated to be much lower; the increinental increase is 0.001 ingil, or a 0.5%
    increase over ainbient conditions.
    Id.
    The Study also estimated that there would be no
    measurable increase in
    mean dissolved iron concentration.
    See
    SSIS at 5-29. The concentrations
    of total iron, however, are slightly higher.
    See
    Section II.D.6.
    86.
    In addition, the Study identified the potential for unnatural bottom deposits, odors,
    and unnatural floating inaterial or color. The Study indicates that the River currents will not
    allow a significant build-up of effluent solids on the river bottom.
    See
    SSIS at 5-1 1. In addition,
    the potential water quality effects or
    bottom deposit impacts are either confined to a small
    surface area or are negligible in accuinulation, and are not anticipated to result in visible oils or
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    odors. SSIS at 5-22. Since the discharge does not elevate nutrients in the receiving water, no
    additional plant or algal growth is expected. Due to the naturally occurring character of the
    majority of the effluent material
    (i.e., river silts), no unusual discoloration will result from the
    discharge.
    Id.
    87.
    The Study also detennined that the turbidity in the area of the discharge may
    increase in intensity. However, the discharge plume is not expect to reach the surface until some
    distance downstream (900 to
    1000
    ft),
    at which time the surface concentrations range from 25 to
    50
    mgil TSS above ambient but quickly decrease to 40 mgil. The Study concluded that it is
    extremely doubtful that these areas of increased turbidity will be discernible.
    Id.
    Natural flow,
    local navigational traffic, or activities in the barge tugboat docking area are anticipated to
    produce
    similar variations in turbidity level, and increinental increases in this area generally
    cannot be detected due to the opaqueness of the Mississippi River. SSIS at 5-23.
    88.
    Finally, the Study also concluded that discharges of untreated effluent
    froin the
    Alton facility would have no
    impact on the stream inorphology or water chemistry, due to the
    considerable channel size, the potential for high
    volume and high velocity flows, the negligible
    quantity of discharge inaterial relative to natural sediinent loads, and the existing influence of
    periodic disturbance due to operation and maintenance of the nearby navigational channel.
    Id.
    89.
    If Illinois-American were to
    coinply with the standards of general applicability,
    the increinental increases in TSS, aluininuin, and total iron concentrations discussed above
    would be slightly lower. However, the discharges of untreated effluent from the Alton facility
    together with the completion of the Piasa Creek Watershed Project will decrease the overall
    sediinent loading of the River, which will have a net positive effect on the TSS and iron
    concentrations in the River system.
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    90.
    As this Board has already
    determined, the Project "will eventually keep much
    inore TSS out of the Mississippi than the [Alton] facility's discharge puts in."
    See
    Opinion
    &
    Order of the Board dated Sept. 7,2000 at 19. As this Board has also observed, Ms. Annie
    Hoagland, Chair of the Alton Lake Heritage Parkway Commission, has stated in support of this
    Project that "the potential to
    permanently reduce sediment is tremendous, while at the discharge
    site, they [Illinois-American] are
    merely putting back what they took out of the river."
    Id.
    at 14.
    At this
    time, only six years into the Project, the Project has already reached its ten-year goal of
    achieving a 2 to
    1 offset if the TSS loading estimate from 1999 (3,300 tons) is utilized. If the
    TSS loading estimate is calculated using actual operating conditions
    froin the facility each year
    (1,545
    tonslyear), the offset has already reached 4.3 to 1
    .
    91.
    In addition, Illinois-American coininissioned Black
    &
    Veatch Corporation to
    conduct a study to
    deternine the extent to which the total iron loading in the River is reduced by
    the sedimentation reduction projects impleinented as part of the Piasa Creek Watershed Project.
    In conducting this study, Black
    &
    Veatch considered several factors, including the different soil
    types present in the Piasa Creek Watershed, the concentrations of total iron present in each soil
    type, and the type of sedimentation project impleinented.
    See
    Evaluation of Residuals at 2. Based
    on an evaluation of the NPDES sainpling data, Black
    &
    Veatch concludes in this study that the
    Alton facility's effluent contains, on average, approximately 2 1 tons of total iron each year.'
    '
    See
    id. at 4. However, based on an evaluation of the additional sainpling conducted by Black
    &
    Veatch, Black
    &
    Veatch concluded that the Alton facility's effluent contains approxiinately 9
    tons of total iron each year.
    Id.
    "
    As noted above, Illinois-American does not measure the amount of iron in the facility's influent, so an estimate for the a~nount
    of iron predicted to be discharged from the facility is not available.
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    92.
    Black
    &
    Veatch also concluded that the sedimentation reduction projects
    iinpleinented as part of the Piasa Creek Watershed Project have achieved a savings of
    approximately 79 tons of total iron each year as of June 2006.
    Id.
    at 4. Even using the NPDES
    sampling data, which provides the highest values for the amount of iron in the effluent, there is
    an offset ratio of 3.8 to
    1.
    Id.
    at 5. That is, the Piasa Creek Watershed Project, prevents nearly
    four tons of total iron
    froin entering the River for every one ton of total iron that Illinois-
    American's Alton facility discharges into the River. However, considering Black
    &
    Veatch's
    sampling data, the
    sediment reduction projects iinpleinented as part of the Project have achieved
    a net yearly decrease of 70 tons of iron each year, which represents an offset ratio of
    8.8 to 1.
    Id.
    93.
    Due to operational optiinization within the facility, however, considering data
    reported for February 2001 through
    December 2005 may not accurately represent the average
    amount of iron contained in the facility's discharge. While blowdown in the Superpulsator now
    occurs twice per hour
    (i.e., at intervals of 30 minutes), the intervals between blowdowns in 2001
    and in the early part of 2002 were
    much less regular.
    See
    Affidavit of Paul Keck at
    f
    10. At times,
    the interval between blowdowns was as long as 5.5 hours.
    Id.
    Longer intervals between
    blowdowns allows solids to build up in the
    blowdown troughs, so the amounts of TSS (and thus
    iron) in samples collected from Superpulsator blowdowns after such longer intervals will
    generally be elevated.
    Id.
    at 112. If iron loading from the plant for only years 2002 through 2005
    is considered (12.5
    tonslyear), the offset is 6.3 to 1.
    See
    Evaluation of Residuals at 5.
    94.
    The incremental increases and other slight
    impacts of the facility's discharge
    pursuant to the extension of Adjusted Standard 99-6 requested herein are thus justified in light of
    the success of the Project. Justification for this adjusted standard is discussed in greater detail in
    Section
    II.H, below.
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    H.
    Justification for the Proposed Adjusted Standard
    95.
    Section 104.406(h) of the Procedural Rules provides that the petition must contain
    a statement which explains how the petitioner seeks to justify, pursuant to the applicable level of
    justification, the proposed adjusted standard. As noted in Section
    II.C, above, Section 28.1 of the
    Act establishes the level of justification required by Illinois-American. Each element of this level
    of justification, along with an explanation of how Illinois-American seeks to justify each
    element, is discussed below.
    1.
    Substantially and Significantly Different Factors
    96.
    The first element of the level of justification set forth in Section 28.1 requires
    Illinois-American to establish that factors relating to Illinois-American are substantially and
    significantly different
    froin the factors relied upon by the Board in adopting the general
    regulation applicable to that petitioner. 4 1 5
    Ill. Coinp. Stat. 28.1 (c)(l).
    97.
    The factors relied on by the Board in adopting the effluent standards for TSS in
    1972 were increased turbidity and "harmful bottom
    deposits."
    See
    Effluent Criteria, Water
    Quality Standards, Water Quality Standards Revisions for Intrastate Waters (SWB
    14) (Jan. 6,
    1972), R70-8, R7 1
    -
    14, R7 1-20, at 1 9. The factors relied on by the Board in adopting the effluent
    standards for iron were the nuisances that excessive iron can cause for domestic uses, and
    undesirable bottom deposits.
    Id.
    at 16. The factors relied on by the Board in adopting the effluent
    standard for offensive conditions were that primary treatment of effluent should be universal, and
    that nuisances should be unacceptable.
    Id.
    at 5. Finally, the factors relied on by the Board in
    adopting its general water quality standards were protection against health hazards, protection of
    aquatic life in streams that support it, and protection of potability in potable streains.
    Id.
    at 4.
    98.
    This Board has previously detennined that
    "[tlhe factors relating to [Illinois-
    American] are substantially and significantly different than the factors which the Board relied
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    upon in adopting the regulations at issue herein."
    See
    Opinion
    &
    Order of the Board dated Sept.
    7, 2000 at 20. Specifically, the offsets attainable (and attained) by the Piasa Creek Watershed
    Project are a substantially different factor than those that the Board considered in adopting the
    standards of general applicability. The general assumption underlying each of those standards
    was that the reduction of TSS and iron in effluent would be achieved by a technology applied to
    the effluent itself. In the present case, however, reductions in suspended solids and total iron in
    the Mississippi River are achieved through alternative, non-technology based methods applied
    outside the Alton facility. The amount of these reductions, therefore, is not
    limited by the
    effectiveness of the technology that would otherwise be used to reduce the sediment loading and
    total iron in Illinois-American's discharge.
    2.
    Justification on the Basis of Substantially and Significantly Different
    Factors
    99.
    The second element of the level of justification requires Illinois-American to
    establish that the existence of those substantially and significantly different factors justifies an
    adjusted standard. 415
    Ill. Coinp. Stat. 5/28.1(~)(2).
    100. The offsets achievable through the coinpletion of the Piasa Creek Watershed
    Project, a substantially and significantly different factor, justify the extension to the adjusted
    standard as requested herein.
    In granting Adjusted Standard 99-6, this Board concluded that
    Illinois-American had "properly justified its petition for an adjusted standard." Opinion
    &
    Order
    of the Board dated Sept. 7,2000 at 20. As noted above, the environmental characteristics and
    conditions of the Mississippi River near the Alton facility have not changed significantly since
    the Site Specific Impact Study was prepared in March 1999.
    See
    Affidavit of Alley Ringhausen
    at
    7712-13; Affidavit of Howard 0. Andrews, Jr. at 712,4-5. The Board's previous decision
    that an adjusted standard for discharges
    froin the Alton facility was justified is therefore reliable
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    in this proceeding. This Petition therefore discusses this justification only briefly, and refers this
    Board to the Site Specific
    Impact Study for a detailed discussion of this justification.
    See
    SSIS at
    6-9
    to 6-20.
    101. Justification for the extension of the adjusted standard turns on the absence of site
    specific
    environmental and health impacts of the Alton facility. Although the offsets achievable
    by the Piasa Creek Watershed Project are a substantially and significantly different factor, the
    Project will not have environmental and health impacts substantially and significantly different
    from those considered by the Board in adopting the standards of general applicability.
    102. As noted above, the factors relied on by the Board in adopting the effluent
    standards for TSS were increased turbidity and
    "hannhl bottom deposits."
    See
    797. However,
    the Site Specific Impact Study detennined that discharge from the Alton facility pursuant to the
    adjusted standard would not significantly increase turbidity or
    hannhl bottom deposits in the
    Mississippi,
    see
    SSIS at 5-1 1, and this Board has determined that any increase in turbidity and
    bottom deposits will be "so slight that they will be difficult to
    measure" and that "[sluch bottom
    deposits could hardly be described as
    'hannful."' Opinion
    &
    Order of the Board dated Sept. 7,
    2000 at 18. In addition, the factors relied on by the Board in adopting the effluent standards for
    iron include the nuisances that excessive iron can cause for domestic uses, and undesirable
    bottom deposits,
    see
    797, and this Board has previously detennined that the Alton facility's
    effluent will not contribute to the concerns that the Board expressed in adopting the total effluent
    standards for total iron. Order of the Board dated Oct. 19, 2000 at
    3. Next, the factors relied on
    by the Board in adopting the effluent standard for offensive conditions were that primary
    treatment of effluent should be universal, and that nuisances should be unacceptable,
    see
    797,
    and the Site Specific Impact Study determined that no visible oils or odor are expected, no
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    additional plant or algal growth is expected to result, and no unusual discoloration would result
    from the discharge.
    See
    SSIS at 5-22. Finally, the factors relied on by the Board in adopting its
    general water quality standards were protection against health hazards, protection of aquatic life
    in streams that support it, and protection of potability in potable streams.
    See
    '797. This Board has
    determined that the untreated discharge from the facility, including the iron in the effluent, will
    not
    ham huinan health and will protect aquatic life immediately downstream of the
    discharge, Order of the Board dated Oct. 19,2000 at 3, and that potability of the water in the area
    of the facility's discharge should not be affected.
    Id.
    at 1 7.
    103. To
    fully evaluate the site specific impacts of the Alton facility, however, it is
    necessary to
    deternine the Best Degree of Treatinent (BDT), as guided by the factors identified
    in 35
    Ill. Adin. Code Section 304.102. That Section provides that "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," and that a determination of BDT must
    consider
    "[wlhat degree of waste reduction can be achieved by process change, improved
    housekeeping and recovery of individual waste components for reuse," and "[wlhether individual
    process wastewater streams should be segregated or combined." 35
    111. Adin. Code
    5
    304.102(a).
    Illinois-American's BDT analysis is discussed in greater detail in the Site Specific Impact Study.
    See
    SSIS at 6-1 to 6-1 4.
    104. Significantly, the Site Specific Iinpact Study concluded that "no treatment" of
    TSS in the Alton
    facility's discharge is the Best Degree of Treatinent for discharges from the
    facility.
    See
    SSIS at
    6-
    14. The offsets achievable through the Piasa Creek Watershed Project
    therefore justified Adjusted Standard 99-6, and justify the extension of that standard at this time.
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    Six years into the Project, the results once thought "achievable" have already been achieved.
    Using the conservative estimate of tons of TSS expected to be discharged
    froin the facility each
    year, the offset is 4.3 to 1. A
    similar (though unanticipated) offset has been attained for total iron.
    If the Board extends the Adjusted Standard, Illinois-American will continue to contribute to the
    PCWP for its full ten year tenn, and even greater TSS and iron reductions will be achieved.
    3.
    No Environmental or Health Effects Substantially and Significantly
    More
    Adverse than under the Rule of General Applicab~Q.
    105.
    The third
    element of the level of justification requires Illinois-American to
    establish that the requested standard will not result in
    environmental or health effects
    substantially and significantly
    inore adverse than the effects considered by the Board in adopting
    the
    rule of general applicability. 41 5 Ill. Coinp. Stat. 5128.1 (c)(3).
    106.
    Illinois-American evaluated the potential environmental and health effects to the
    biota and habitats in the Mississippi River that could result from potential increases in
    TSS,
    dissolved iron, and dissolved aluininuin in the Mississippi River due to daily discharges from the
    Alton facility. This evaluation is detailed in the Site Specific Iinpact Study.
    See
    SSIS at 5-12 to
    5-25. As noted above, the environmental characteristics and conditions of the Mississippi River
    near the Alton facility have not changed significantly since the Site Specific Impact Study was
    prepared in March 1999.
    See
    Affidavit of Alley Ringhausen at fl12-13; Affidavit of Howard
    0.
    Andrews, Jr. at @f@f2,4-5. The findings and conclusions set forth in the Site Specific Impact
    Study therefore reinain reliable in this proceeding. This Petition therefore discusses the
    environmental and health effects of the adjusted standard only briefly, and refers this Board to
    the Site Specific Iinpact Study for a detailed discussion of this issue.
    See
    SSIS at 5-12 to 5-25.
    107.
    The aquatic receptors of concern were the fish and macroinvertebrate
    cominunities near the proposed discharge. SSIS at 5- 12. The Site Specific Impact Study
    -
    43
    -
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    identified the major habitats present near the Alton facility's discharge, as well as the fish and
    macroinvertebrate cominunities present in each habitat.
    See
    SSIS at 5- 12 to 5- 14. Both the
    physical (non-toxic) impacts
    from TS S and the potential iinpacts from coagulant-associated
    inetallinetalloid addition to the Mississippi River in water treatment plant residuals were
    considered to evaluate the potential
    environmental iinpacts of the discharge effluent on this biota.
    For physical (non-toxic) impacts, the Study concluded that an increase of TSS would cause a
    small but finite iinpact to riverine biota, which
    "may lead to avoidance behavior by some aquatic
    species but should not lead to any significant impact to fish or aquatic cominunities in the River
    near Mile
    204."
    See
    SSIS at 5-16. In addition, the Study concluded that the minor rates of
    deposition of silty inaterial on the river
    bottoin "are unlikely to bury sessile organisms found
    there," as a bottoin habitat characterization conducted in 1997 revealed that no observable silt
    accumulation has occurred due to discharges
    froin the fonner facility, which was located at the
    site of the Alton facility and operated at
    full capacity until December 3 1,2000 (and at a reduced
    capacity until February
    12,2001), despite 100 years of operation at that site.
    See
    SSIS at 5-1 7.
    For toxic impacts, the Study concluded that site-specific (i.e., non-salmonid) species like those
    near River Mile 204 are more tolerant and
    aluminum toxicity is thus unlikely.
    See
    SSIS at 5-20
    to 5-21. In addition, the Study concluded that due to the high levels of natural
    cornplexation of
    aluininuin and iron, discharges of untreated effluent
    froin the Alton facility have no significant
    potential
    iinpact to the river environment and its biota.
    See
    SSIS at 5-21. As noted above, the
    environmental characteristics and conditions of the Mississippi River near the Alton facility have
    not changed significantly since the Site Specific Impact Study was prepared in March 1999.
    See
    Affidavit of Alley Ringhausen at 771 2-1 3
    ;
    Affidavit of Howard
    0.
    Andrews, Jr. at 112,4-5.
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    The findings and conclusions set forth in the Site Specific Iinpact Study therefore reinain reliable
    in this proceeding.
    108.
    Finally, the Study concluded that there are no state-listed threatened or
    endangered species present in the Mississippi River near the Alton facility,
    id., and Illinois-
    American
    determined "to the Board's satisfaction9' that there is no mussel coimnunity in the
    Mississippi iimnediately downstreain of the Alton
    facility's discharge pipe.
    See
    Order of the
    Board dated Oct. 19,2000 at 3.
    109.
    This Board therefore
    detennined in the previous adjusted standard proceeding that
    "the untreated discharge
    from the new facility, provided it occurs in the context of the GRLT
    Project, will not
    hann huinan health and will protect aquatic life iinmediately downstreain of the
    discharge." Opinion
    &
    Order of the Board dated Sept. 7,2000 at 19. Because the findings and
    conclusions set forth in the Site Specific Iinpact Study reinain reliable in this proceeding, the
    Board's previous determination regarding the effluent's lack of effect on human health and on the
    environment is similarly reliable regarding this issue.
    4.
    Consistency with Applicable Federal Law.
    1 10.
    The final element of the level of justification requires Illinois-American to
    establish that the adjusted standard is consistent with any applicable federal law. 415
    Ill. Comp.
    Stat. 5128.1
    (c)(4). This element is discussed in depth in Section 11.1, below.
    I.
    Reasons that the Board may Grant the Proposed Adjusted Standard
    Consistent
    with Federal Law
    1 1 1.
    Section
    104.406(i) of the Procedural Rules provides that the petition must contain
    a statement with supporting reasons that the Board may grant the proposed adjusted standard
    consistent with federal law. The petitioner must also
    inform the Board of all procedural
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    requirements applicable to the Board's decision on the petition that are imposed by federal law
    and not required by this Subpart. Relevant regulatory and statutory authorities must be cited.
    31.
    Consistency with Federal Law
    112. Under federal law, a permit authorizing the discharge of a pollutant may be issued
    upon the condition that the discharge will meet all applicable
    requirements set forth in the Clean
    Water Act, including the technology-based effluent limitations provided in Section 13 1 1 of that
    Act and the water quality-based effluent limitations provided in Section 13 12 of that Act.
    See
    33
    U.S.C.
    5 1342(a); 33 U.S.C. 5fj1311, 1312. In cases where there are no federally-promulgated
    categorical effluent limitations, as here, case-by-case effluent limitations must be developed
    reflecting Best Professional Judgment (BPJ).
    See
    33 U.S.C. 5 1342(a)(1); SSIS at 1-8.
    1 13. Federal regulations implementing the Clean Water Act establish that such
    case-
    by-case liinitations reflecting BPJ should be developed after consideration of the statutory factors
    listed in 40 C.F.R. Section
    125.3(d); consideration of the appropriate technology for the category
    or class of point sources of which the applicant is a
    member; and consideration of any unique
    factors relating to the applicant. 40 C.F.R.
    5 125.3(~)(2).
    1 14. The first consideration in the required BPJ determination, the statutory factors
    listed at 40 C.F.R. Section
    125.3(d), requires two separate analyses. First, it is necessary to
    detennine the Best Practicable Control Technology (BPT) as guided by the factors identified in
    40 C.F.R. Section
    125.3(d)(l). BPT is a ininiinuin standard, however, so it is also necessary to
    detennine the Best Conventional Pollution Control Technology (BCT) as guided by the factors
    identified in 40 C.F.R. Section
    125.3(d)(2), and to consider whether the effluent limitation
    developed with such technology should be
    inore stringent than BPT requirements.
    11 5.
    The factors identified in 40 C.F.R. Section
    125.3(d)(l) for consideration in the
    BPT determination for the facility include:
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    (i) the total cost of application of technology in relation to the effluent reduction
    benefits to be achieved
    froin such reduction;
    (ii) the age of equipment and facilities involved;
    (iii) the process employed;
    (iv) the engineering aspects of the application of various types of control techniques;
    (v) process changes; and
    (vi) non-water quality
    environmental impact (including energy requirements).
    40 C.F.R.
    ยง125.3(d)(l). Next, 40 C.F.R. Section 125.3(d)(2) lists the factors that must be
    considered to deternine Best Conventional Treatment. With the exception of a
    cost-
    reasonableness factor requiring consideration of "[tlhe reasonableness of the relationship
    between the costs of attaining a reduction in the effluent and the effluent reduction benefits
    derived," the factors listed in 40 C.F.R. Section
    125.3(d)(2) are substantially similar to those set
    forth in 40 C.F.R. Section
    125.3(d)(l).
    11 6.
    Illinois-American detennined through BPJ that the BPT for the Alton facility is
    "no treatment" of the discharge. SSIS at 6-17. In addition, Illinois-American also detennined that
    application of BCT technology was not cost-reasonable, and adoption of the BCT effluent
    limitations in lieu of the previously developed BPT effluent limitation thus was not warranted.
    SSIS at 6-20. Illinois-American's BPJ analysis is discussed in greater detail in the Site Specific
    Impact Study.
    See
    SSIS at 6-1 5 to 6-20.
    11 7. The second consideration in the required BPJ
    determination, the appropriate
    technologies for the category or class of point sources, requires consideration in this case of the
    various technologies for treating residuals
    from drinking water production facilities. These
    various inethods, along with the reasons that such
    inethods were rejected from fbrther
    consideration, are discussed at Section II.E, above.
    11 8.
    Finally, the third consideration (any unique factors relating to the applicant)
    requires consideration on these facts of the effects of the Piasa Creek Watershed Project.
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    Justification for the adjusted standard on the basis of the coinpletion of the Piasa Creek
    Watershed Project, a substantially and significantly different factor than those relied upon by the
    Board in adopting the regulation of general applicability, is discussed at Section II.H.2, above.
    1 19.
    In the previous proceeding on this adjusted standard, this Board
    determined that
    "the requested adjusted standard is consistent with existing federal law." Opinion
    &
    Order with
    the Board dated Sept.
    7, 2000 at 20. As noted above, the environmental characteristics and
    conditions of the Mississippi River near the Alton facility have not changed significantly since
    the Site Specific Impact Study was prepared in March 1999.
    See
    Affidavit of Alley Ringhausen
    at
    771 2-1 3
    ;
    Affidavit of Howard 0. Andrews, Jr. at 'fiT2,4-5. In addition, the federal laws
    applicable to this adjusted standard have not changed since 1999 such that the Board's decision
    would no longer be relevant to the proceeding at hand. Granting an extension to Adjusted
    Standard 99-6 as requested herein is thus consistent with federal law.
    2.
    Procedural Reqllairements Imposed by Federal
    Law
    120.
    Federal law does not
    impose any additional procedural requirements that must be
    satisfied in this proceeding.
    J.
    Waiver of Hearing on the Petition
    12 1.
    Section
    104.406Q) of the Procedural Rules provides that the petition must contain
    a statement requesting or waiving a hearing on the petition.
    122. Illinois-American hereby waives a hearing on its Petition. Although Section
    104.422(a)(4) of the Board's Procedural Rules provides that a public hearing will be held and the
    Board will assign a hearing officer to an adjusted standard proceeding when the adjusted
    standard is sought pursuant to 35
    Ill. Adin. Code 212.126 of the Clean Air Act, the Board's
    Rules do not similarly require a hearing for the adjusted standard sought here. The facts relevant
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    to this Petition involve the progress and success of the Piasa Creek Watershed Project, which
    Petitioner believes to be undisputed.
    l2
    K.
    Supporting Documents or Legal Authorities
    123.
    Section
    104.406(k) of the Procedural Rules provides that the petition must cite to
    supporting docuinents or legal authorities whenever they are used as a basis for the petitioner's
    proof. Relevant portions of the docuinents and legal authorities other than Board decisions, State
    regulations, statutes, and reported cases must be appended to the petition.
    124.
    Illinois-American has appended the following documents to this Petition in
    compliance with Section 1
    04.406(k):
    Attachment A: Affidavit of Alley Ringhausen, Executive Director of Great
    Rivers Land Trust;
    Attachment B: Great Rivers Land Trust, Piasa Creek Watershed Project
    Report (October 2006);
    e
    Attachment C: Black
    &
    Veatch Corporation, Evaluation of Residuals
    Discharged
    froin Illinois-American Water Company's Alton Water
    Treatment Plant (October 2006);
    Attachment
    D: Affidavit of Paul Keck, the water quality supervisor at
    Illinois-American Water
    Company9 s Alton facility;
    Attachment E: Affidavit of Howard
    0. Andrews, Jr., an engineer at Black
    &
    Veatch Corporation; and
    Attachment
    F: Proposed Order of the Board.
    To avoid duplication of the documents produced in the previous preceding before this Board
    regarding Adjusted Standard 99-6, many of the docuinents relied upon in that previous
    proceeding have not been appended to this Petition.
    "
    Petitioner notes that GRLT has provided quarterly progress reports on the PCWP to the Agency and the Agency has steadfastly
    overseen the Project, all as noted by the Board.
    See
    Opinion
    &
    Order of the Board dated September 7, 2000 at 15, 16.
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    L.
    Additional Information which may be Required by the Regulation of
    General Applicability
    125.
    Section
    104.406(1) of the Procedural Rules provides that the petition must contain
    any additional
    information which may be required in the regulation of general applicability.
    126.
    Sections 304.124, 304.106, and 302.203 of the Board's Water Pollution Control
    Regulations do not require a petition for an adjusted standard to contain any information in
    addition to that contained herein.
    1
    CONCLUSION
    WHEREFORE, for all the reasons stated above, Illinois-American Water Company
    respectfully requests that the Board grant the adjusted standard specified herein for
    Illinois-
    American's public water supply treatment facility in Alton, Madison County, Illinois in
    accordance with the Proposed Order of the Board attached hereto.
    Respectfully submitted,
    ILLINOIS-AMEMCAN WATER COMPMY
    By:
    J
    Alison M. Nelson, #206 1 82
    Blackwell Sanders Peper Martin LLP
    '720 Olive St., 24th Floor
    St. Louis,
    MO 63 101
    Telephone: (3 14) 345-6000
    Facsimile:
    (3 14) 345-6060
    Attorneys for Petitioner
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    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    IN THE
    MATTER OF:
    )
    PROPOSED EXTENSION OF ADJUSTED STANDARD
    )
    AS 06-
    APPLICABLE TO ILLINOIS-AMERICAN
    (Adjusted Standard)
    WATER COMPANY'S ALTON PUBLIC WATER
    )
    SUPPLY FACILITY DISCHARGE
    TO THE MISSISSIPPI RIVER
    )
    MOTION TO INCOWOUTE
    BY
    mFERENCE THE PETITION FOR ADmSTED
    STMDAD FILED
    IN
    DOCmT NUMBER AS 99-6, AJVD THE SITE SPECIFIC
    IMPACT STUDY ACCEPTED INTO EVIDENCE
    IN
    DgBlCrtgET NUMBER AS 99-6,
    INTO PETITIONER9S PETITION IFOR EXTENSION OF ADmSTED STMDAm
    PURSUANT TO
    35
    ILL. ADM. CODE 101.306(a)
    Petitioner, Illinois-American Water Company ("Illinois-American"), by its attorneys
    Bradley S. Hiles and Alison M. Nelson, requests approval to incorporate by reference into the
    attached Petition for Extension of Adjusted Standard the PETITION FOR ADJUSTED
    STANDARD filed by Illinois-American Water Company in Docket Number AS 99-6 (the
    "March 1999 Petition"). Illinois-American also requests approval to incorporate by reference the
    attached SITE-SPECIFIC ANALYSIS OF IMPACTS OF POTENTIAL ALTERNATIVES FOR
    HANDLING PUBLIC WATER SUPPLY RESIDUALS AT PROPOSED ALTON, IL
    FACILITY prepared by ENSR, an environmental consulting and engineering firm, dated March
    1999 (the "Site Specific Impact Study"), which was accepted into evidence in Docket Number
    AS 99-6.
    In support of its motion,
    Illinois-American states the following:
    1. On March 19, 1999, Illinois-American filed the March 1999 Petition with the Board,
    seeking an adjusted standard from the effluent standard for offensive discharges at 35
    Ill. Adm. Code 304.106, the effluent standard for total suspended solids (TSS) at 35
    Ill. Adm. Code 304.124, the effluent standard for total iron at 35 Ill. Adm. Code
    304.124, and the general use water quality standard for offensive discharges at 35
    Ill.
    Adm. Code 302.203. The March 1999 Petition was assigned a docket number of AS
    99-6.
    2. On September 7,2000, the Board adopted Adjusted Standard 99-6, which provided
    that the effluent standard for offensive discharges at 35
    Ill. Adm. Code 304.106 and
    the effluent standard for total suspended solids (TSS) at 35
    Ill. Adin. Code 304.124
    shall not apply to discharges from the Alton facility, and that the general use water
    quality standard for offensive discharges at 35
    Ill. Adin. Code 302.203 shall not apply
    to a one mile stretch of the Mississippi River which receives effluent
    froin the Alton
    facility and is immediately downstream from the Alton facility's discharge. On
    October 19,2000, the Board issued an order modifying AS 99-6 to provide that the
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 31, 2006
    * * * * * AS 2007-002 * * * * *

    effluent standard for total iron at 35 Ill. Adm. Code 304.124 also shall not apply to
    discharges
    from the Alton facility.
    3. 3 5
    Ill. Adm. Code 10 1.3 06 allows the Board or hearing officer to incorporate
    materials from the record of another proceeding provided that the material to be
    incorporated is authentic, credible, and relevant to the proceeding. See 35
    Ill. Adin.
    Code 101.306(a).
    4. Illinois-American's Petition for Extension of Adjusted Standard seeks an extension of
    the adjusted standard granted by the Board in AS 99-6. The March 1999 Petition that
    accompanies this filing was printed from the Board's
    website. This makes the March
    1999 Petition authentic and credible. Also, the Petition for Extension of Adjusted
    Standard relies on
    much of the same information set forth in the March 1999 Petition,
    and the March 1999 Petition
    inay therefore be useful to the Board to provide
    suppleinental
    infonnation regarding the issues discussed in the Petition for Extension.
    This makes the March 1999 Petition relevant.
    5. The Site Specific Iinpact Study provides
    infonnation regarding the environmental
    impact, technical feasibility, and econoinic reasonableness of the potential
    alternatives to treat discharges from the Alton facility; to satisfy state and federal
    requirements under various substantive and procedural statutes; and to address Illinois
    Environmental Protection Agency concerns about the facility. The Site Specific
    Iinpact Study was offered to and received in evidence by the Board in Docket
    Number AS 99-6. The Board has therefore already
    determined that the Site Specific
    Iinpact Study is authentic and credible. Also, the Petition for Extension of Adjusted
    Standard cites to the Site Specific Iinpact Study as the source for
    much of the
    information set forth in the Petition, and refers the Board to the Site Specific Iinpact
    Study for a detailed discussion of the justification for extension of Adjusted Standard
    99-6. In addition, several affidavits submitted along with the Petition for Extension
    of Adjusted Standard also establish that the environmental conditions of the
    Mississippi River near the Alton facility have not changed significantly since the Site
    Specific Impact Study was prepared in March 1999.
    See
    Affidavit of Alley
    Ringhausen (attached to the Petition for Extension of Adjusted Standard as
    Attachment A), at
    771 1-1 2; Affidavit of Howard
    0.
    Andrews, Jr. (attached to the
    Petition for Extension of Adjusted Standard as Attachment E), at
    '774-5. This inakes
    the Site Specific Impact Study relevant.
    6. The granting of this motion will not modify the Petition for Extension of Adjusted
    Standard or prejudice any party.
    [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 31, 2006
    * * * * * AS 2007-002 * * * * *

    WHEREFORE, Illinois-American respectfully requests that the Board grant this motion and
    incorporate by reference the PETITION FOR ADJUSTED STANDARD filed by
    Illinois-
    American Water Company in Docket Number AS 99-6 (the "March 1 999 Petition") and the
    SITE-SPECIFIC ANALYSIS OF IMPACTS OF POTENTIAL ALTERNATIVES FOR
    HANDLING PUBLIC WATER SUPPLY RESIDUALS AT PROPOSED ALTON, IL
    FACILITY prepared by ENSR, an
    environlnental consulting and engineering firm, dated March
    1999 (the "Site Specific Iinpact Study") into Petitioner's Petition for Adjusted Standard pursuant
    to 35
    Ill. Adm. Code 101.306(a).
    Respectfully submitted,
    ILLINOIS-AMENCm WATER COMPmY
    By:
    iles, #03 128879
    By:
    ~lisol
    M. Nelson, #206 182
    Blackwell Sanders Peper Martin
    LLP
    720 Olive St., 24th Floor
    St. Louis,
    MO 63101
    Telephone: (3 14) 345-6000
    Facsimile: (3 14) 345-6060
    Attorneys for Petitioner
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 31, 2006
    * * * * * AS 2007-002 * * * * *

    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    IN THE MATTER OF:
    )
    )
    PROPOSED EXTENSION OF ADJUSTED STANDARD
    )
    AS 06-
    APPLICABLE TO ILLINOIS-AMERICAN
    )
    (Adjusted Standard)
    WATER COMPANY'S ALTON PUBLIC WATER
    )
    SUPPLY FACILITY DISCHARGE
    )
    TO THE MISSISSIPPI RIVER
    )
    CERTIFICATE OF SERVICE
    I hereby certify that on October 3 1,2006, the attached PETITION FOR EXTENSION OF
    ADJUSTED STANDARD and the attached MOTION TO INCOWORATE BY REFERENCE
    THE PETITION FOR ADJUSTED STANDARD FILED
    W DOCKET NUMBER AS 99-6,
    AND THE SITE SPECIFIC IMPACT STUDY ACCEPTED INTO EVIDENCE IN DOCICET
    NUMBER AS 99-6, INTO PETITIONER'S PETITION FOR ADJUSTED STANDARD
    PURSUANT TO 3 5 ILL. ADM. CODE 10 1.3
    06(a) were filed by electronic transinission with
    the Office of the Clerk of the Illinois Pollution Control Board, and were served by first class
    mail, postage prepaid, upon the following person:
    Division of Legal Counsel
    Illinois Environmental Protection Agency
    102 1
    North Grand Avenue East
    P.O. Box 19276
    Springfield, IL 62794-9276
    Respectfully submitted,
    ILLINOIS-AMENCAN WATER COMPmY
    \
    By:
    Alison M. Nelson,
    #206 1 82
    Blackwell Sanders Peper Martin LLP
    720 Olive St., 24th Floor
    St. Louis, MO 63101
    Telephone:
    (3 14) 345-6000
    Facsimile: (3 14) 345-6060
    Attorneys for Petitioner
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 31, 2006
    * * * * * AS 2007-002 * * * * *

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