IEPA ATTACHMENT NO,

Y::!Jt!

A River is Reborn-Use

Attainability Analysis for the

Lower

Des Plaines River, Illinois

Vladimir Novotny'", Neal O'Reilly2, Timothy Ehlinger, Toby Frevert

4

,

Scott Twait

S

ABSTRACT: The goal of the Use Attainability Analysis (UAA) of the

Lower

Des Plaines River was to upgrade the designated "Secondary Contact

Recreation and Indigenous Aquatic Life Use"

to a higher use that would

be

commensurate with the goals of the Clean Water Act (CWA). In Illinois, the

water body use in compliance with the goals

of the CWA is named "General

Use",

The river has been ex.temiively modified and receives most point-

source and urban runoff discharges

from the Chicago metropolitan area (9.5

million inhabitants). The study included

an extensive assessment of the

physical. chemical.

biological. and bacteriological integrity status of the

water body and sediments. The UAA found that the water quality situation

of the river has improved significantly since the 1970s, when the Illinois

Pollution Control Board defined

and assigned the Secondary Contact

Recreation and Indigenous Aqualic

Life Use designation to the Lower Des

Plaines River. The study defined and suggested a "Modified Impounded

Use" for one highly modified reach, with 'adjusted standards for dissolved

oxygen

and recreation. The study also recommended adoption of the General

Use standards, some of them in a modified form. for other water quality

parameters. Standards

for limited recreation were also developed. The UAA

also outlines a suggested action plan that will bring UAA segments of the

Lower Des Plaines River in compliance with UAA goals.

Water Environ.

Res.,

79, 68 (2007).

KEYWORDS: use attainability analysis. water body assessment, water

quality. water quality standards, habitat assessment, Index

of Biotic

Integrity, water quality planning,

total maximum daily load, Chicago

waterways, Lower

Des Plaines River.

dol: 1O.2115/106143006X95500

Introduction

Water Body Uses. The Lower Des Plaines River is the largest

efftuent-dominated stream in the United States.

The river and ac-

companying upstream Chicago waterways receive almost all point-

source

and urban runoff discharges from the Chicago metropolitan

area (9.5 million inhabitants).

In addition to propagating aquatic

life

and providing recreation for people, the Lower Des Plaines

River provides flood conveyance and control as well as disposal

of residual waste loads, combined sewer overflows (CSOs), and

urban runoff. As one

of the nation's busiest inland navigation

arteries, the river also serves as the source for cooling water for

\.

COM Chair Professor and Director, Center for Urban Environmental

Studies, Northeastern University. Boston,

MA 0211 5; e-mail novotny@coe.

nelJ.edu.

2 Vice President, Hey Associates, Inc., Brookfield, Wisconsin.

) Professor of Biology. University of Wisconsin-Milwaukee.

4 Manager, Division of Water Pollution Control of IEPA. Springfield,

Illinois.

5 Water Quality Specialist, IEPA, Springfield. Illinois.

68

thennal power generation, induslrial water supplies, and landscape

irrigation.

The aforementioned economic uses of the Lower Des Plaines

River were achieved through physical a)teration of the water body,

such as

• Impounding and channelizing the river to provide navigation

depth and head for other waler works (for example, hy-

dropower generation);

• Periodic dredging

of sediments in the impounded reaches to

maintain navigation;

•

Dikes and embankments to control Hoods and prevent

extensive flood damage, especially in congested urban areas;

and

• Extensive channelization that relocated the fonner river body

or resulted in completely artificial water bodies being buill

The requirement for the Use Attainability Analysis (UAA) stems

from Section 100(a)

of tne Clean Water Act (CWA), which states,

..... it is the national goal that wherever attainable ... water quality

provides for the protection and

propagation of fish, shellfish, and

wildlife

and provides for recreation in and on the water ..." In this

article. uses that agree with Section 101(a) will be called "statutory

uses". In practice, the UAA investigates whether the chemical

standards

and physical and biotic criteria assigned for the statutory

balanced aquatic life

and primary recreation are attainable and, if

they are not, the UAA develops alternatives.

In contrast, the total maximum daily load (TMDL) process

implementing state water quality standards

is a planning process

that leads to achievement

of the water quality standards in water

quality-limited receiving water bodies. Total maximum daily load

de facto

presumes that the statutory designated use and correspond-

ing standards are attainable.

In

instances where attainability of the

designated use and corresponding standards are in question, a

UM

should precede or even substitute the TMDL process. The U.S.

Environmental Protection Agency (U.S,

EPA) (1994) defined water

quality-limited segments as "those lhat

do

not or are not expected to

meet applicable water quality standards even after the application of

technology-based efftuent limitations required by Sections 301 and

306

of the Clean Water Act."

Table I specifies the conditions that would allow a change

of

the statutory uses and standards. To carry out the socio.economic

impact analysis outlined

in no. 6 in Table I, the load capacity of the

water

body needs to be detennined along with the waste load

allocation (Novotny et al.. 1997), which is a standard procedure

of

Water Environment Research, Volume 79. Number 1

---

Table 1-Slx reasons allowing a change 01 designated

use In a UAA

(U.S. EPA, 1994).

(1) Naturally occurring pollutant concentrations prevent

attainment of lhe use; or

(2) Natural, ephemeral, intermittent or low flow or water levels

prevent the attainment of

the use unless these

conditions may be compensated for

by the discharge

of a sufficient volume of effluent discharge without

violating state conservation requirements to enable

uses to

be met; or

(3) Human caused conditions or sources of pollution prevent

the attainment of the use and cannot be remedied or

would cause more environmental damage to correct

than to leave in place; or

(4) Dams, diversions, or olher types of hydrologic

modifications preclude the attainment of the

use, and

it is not feasible to restore the water body to its original

condition or to operate such modifications

in a way that

would result

in the

auainmen~.of

the use; or

(5) Physical conditions related to the natural features of the

water body. such

as the lack of prqper substrate, cover.

flow, depth, pools, riffles, and the like, unrelated to water

quality. preclude attainment of aquatic life protection

uses; or

(6) Controls more stringent than those required

by Sections

301 (b)(1)(A) and (B) and 306 of the Act would result

in substantial and wide.spread adverse social and

economic impact.

the TMDL process, Thus, the TMDL and UAA processes

are

intertwined (Committee, 2001).

._

The state of Dlinois recognizes two water use classifications: (1)

General Use, which meets the goals of CWA. and (2) Secondary

Contact Recreation and Indigenous -Aquatic Life Use (Secondary

Contact Use), which was used for highly modified and degraded

river systems at the time the use was designated in the 1970s. While

most UAAs have been developed

to downgrade a use or to adjust

the

standards downwards (Novotny et aI., 1997), the llIinois

Environmental Protection Agency (!EPA),

in the case of the Lower

Des Plaines River and. currently, for the

entire Chicago Waterways

System, was looking for a way to upgrade the Secondary Contact

Use assigned to the river. This Secondary Contact Use classification

has an objective

of protecting the existing aquatic organisms.

allowing limited noncontact recreational opportunities, and avoid-

ing nuisance and aesthetically impaired conditions. Protectlng

existing aquatic organisms indirectly inferred protection of

organisms that could survive in these impaired water bodies. The

IEPA and U.S. EPA wanted to achieve the highest attainable water

use that was as consistent

as possible with the goals of Section

101(a)

of CWA.

Table 2 compares the Secondary Contact Use and Indigenous

Aquatic Life Use standards with those for the lllinois General Use.

However, based

on current knowledge, some of the Secondary

Contact Use standards defined in the 1970s are lethal

to many

organisms residing in northern Illinois slreams and could potentially

inhabit the Lower Des Plaines River. The UAA is a legitimate

means to strive for a higher use when that designated is a lesser use

than that specified

by Section 101(a)(2) of CWA.

If

the efforts

needed to upgrade the river quality and habitat do not cause

"a

widespread and substantial adverse socia-economic impact (U.S.

EPA, 1994)," the higher use

is considered attainable (Table 1).

January 2007

Novotny et at

Chicago Sanitary and Ship Canal and the Lower Des Plaines

River. Until the beginning

of the 20th century, wastewater from

Chicago, including CSOs, was discharged into the Chicago and

Calumet Rivers and was conveyed into Lake Michigan or directly

into the lake. The polluted discharges into the lake, which

is the

main source of drinking water for the metropolis, had severe public

health consequences. In the 1870s and 1880s, Chicago had

the

highest per capita municipal typhoid rate in the United States

(Macaitis etal, 1977). In 1889, the Illinois State Legislature created

the Chicago Sanitary District to solve this acute health problem. The

District is the predecessor

of the Metropolitan Water Reclamation

District

of Greater Chicago (MWRDGC). As a solution to problems

the unhealthy water quality

of the Chicago and Calumet Rivers,

ground was broken

in 1892 by the District (MWRDGC) for CSSC.

The 45-km (28-mile) -long canal, which is wider and as deep as the

Suez Canal, was completed at the beginning

of the 20th century.

The canal reversed the

flow direction of the Chicago River into

essc and, SUbsequently, into the Lower Des Plaines River. The

Calumet"':'SagChannel, also reversing the flow of the Calumet River

into CSSC, opened in 1922. The result

of these massive projects

was the diversion of aU wastewater effluent flows, stonnwater, and.

esos into csse as well as a virtual eHmination of any overflows

into the lake. By 1917. typhoid deaths (per capita) dropped

to the

lowest level for major cities

in the nation (Chicago Public Library.

2005). Subsequent legal agreements between the Great Lakes states

and Canadian provincial governments authorized a total diversion

of 90 m'/s (3200 cfs) of Lake Michigan ftow into CSSC and the

Lower Des Plaines River. This diversion allowance also included

aU wastewater and runoff discharges, which otherwise would be

flowing into the lake.

The Des Plaines River originates

.just above the Illinois-

Wisconsin border

in southeast Wisconsin and flows in a southerly

direction through Lake and Cook counties

in Illinois. In the Chicago

metropolitan area. the river makes a southwesterly tum and

paral1e1s

the Chicago Sanitary and Ship Canal (CSSC) until the conftuence

with CSSC near Joliet, minois. The reach between the confluence

of

the river with CSSC downstream of the Lockport Dam is the Lower

Des Plaines River. The river then continues to the Kankakee River;

the confluence

of the two rivers is the beginning ot the Illinois

River (Figure 1). The total watershed area of the Des Plaines River,

excluding

essc. is 4059 km

2

and the CSSC drainage is 1899 km

2

(673 square miles).

According to the U.S. Geological Survey, the long.term mean

discharge

of the Des Plaines River above the confluence with csse

at Riverside, Illinois, is 10.9 m

3

/s (387 cfs). The mean flow contri-

bution from CSSC measured

at Romeoville, minois, is approxi-

mately 104

m'/s (3668 cfs); after the conftuence with essc, the

mean

flow is approximately 115 mJjs. This can

be

compared to the

capacity

of the Stickney, ntinois, wastewater treatment plant, which,

operating at a capacity

of 28.5 mJ/s, is the largest treatment plant

operated

by MWRDGC. The entire point-source contribution from

aU municipal and industrial treatment plants in the Chicago metro-

politan area draining into the Lower Des Plaines River

is approxi.

mately 53 m

3

/s. Additional wastewater contributions still originate

from CSOs. Clearly,

the

Lower Des Plaines River is efftuent-

dominated. During low-flow conditions. more than 90%

of the

entire flow consists of point-source effluent discharges.

The UAA

of the Lower Des Plaines River extended from the

confluence

of the river with the essc downstream to the Interstate

55 (I-55) Bridge. Almost the entire UAA reach is impounded and

has two morphologically different segments, the Brandon Road

69

---

NO\lotny et al.

Table 2-Example of Numeric illinois State Standards and Federal Aquatic Life ProtectIon and Water Contact Criteria.

Parameter

Dissolved Oxygen (mg/L)

Coliforms (No/l00ml)

Temperature

illinois General Use Standards

Title 35:Ehv. ProtectlonO,

C:Wat. Pollution, CH. 1

5.0 (minimum).

6.0 (for 16 hours on any day)

(Permissible excursion at

flows less than

Q7-

10)

200

(May-October) (geometric mean)

400 (max 10% of samples in any

30 day period) Fecal coliforms

32"C (Apr.-Nov.) 16'C (Dec.-March)

Federal Aquatic Life

Protection Criteria

40 CFR 131

Early life stages:

7 day mean. 6.0

1 day minimum - 5.0

Other lile

7 day minimum. 4.0

1 day minimum - 3.0

126 (geometric mean of 5

samples o\ler a 30 day period)

E.

coli. Risk based geometric

mean and maximum single value

. Geographically variable

Illinois Secondary

Contact and

Indigenous Aquatic

Use Standards.

4.0

3.0 (Calumet Canal)

(Permissible

excursion at flows

less than

Q7-10)t

Repealed

>34°C $5% of time

::;37.8 at all timest

Toxic compounds

Arsenic

(~g/L)

trivalent-dissolved

Cadmium**

(~g/L)

(dissolv.)

Copper"

(~glL)

(dissolved)

Cyanide

(~g/L)

Lead"

(~g/L)

(dissolved.)

Nickel**

(~g/L)

(dissolved)

Zinc"

(~glL)

(dissolved)

Acute

Chronic

Acute

Chronic

360

190

360

190

'10001 (total)

25.3--33.7

2.2-2.7

Similar to

Similar to

1501 (total)

General Use

General Use

39.3-50

24.2-30.3

Similar to

Similar to

10001 (total)

General Use

General Use

22

5.2

22 (Total)

5.2 (Total)

1001 (total)

231-300.8

58.3--81.6

Similar to

Similar to

10001 (total)

General Use

General Use

167.&-209.6

10.2-12.4

Similar to

Similar

to

10001 (total)

General Use

General Use

244.4-305.7

220.&-286.5

. Similar to

Similar to

10001 (Iotal)

General Use

General Use

t Potentially lethal to some aquatic organisms indigenous to Northern lllino(s,

, Lethal.

* Title 35:Env. Protection. C:Wat. Pollution, CH1, .. site specific standard calculated from hardness for General Use and federal criteria.

Pool above the Brandon Road Lock and Dam and the portion of the

Dresden Island Pool above the I-55 Bridge.

The Brandon Road Pool is 6.4

kIn

in length. approximately 91-m

wide, and has a depth varying between 3.6 and 4.6 m. It is almost

entirely within the

city of Joliet (poputation 106 200 in lhe 2000

census). The pool lS an artificial channel with side masonry,

concrete or sheet pile embankments that protect the

city from

flooding and other effects. The downtown city elevation is below

the water level in the waterway. The average velocity in the pool is

0.23

m/s. esse is the main tributary of the Lower Des Plaines

River segment under consideration and contributes approximately

90% of flow to the river downstream from the confluence with the

Des Plaines River.

The water quaHty status

of the Des Plaines River, upstream from

the confluence with CSSC, has been classified as

"fair" in the State

Water Quality Reports mandated by Section 305(b]

of

CWA. The

Des Plaines River collects runoff and point-source discharges from

many suburban communities. Runoff from the largest commercial

diffuse source

in lhe upstream watershed, Chicago's O'Hare

International Airport, is coUected and conveyed to the MWRDGC

system

for treatment.

The Dresden Island Pool

is 22.5-km long, approximately 245-m

wide, and has a depth varying between 0.6 and 4.5

m. The average

stream velocity

is 0.2 m/s. The 13-km reach of the impoundment

that

is part of the UAA study is more "natural" than the Brandon

70

Road Pool in that it meanders .and has a fair amount of natural

shoreline and side channels.

In

the Dresden Island Pool, the U.S.

Anny Corps

of Engineers maintains a 2.7-m-deep navigational

channel. The

UAA'reach subjected to the

Second~

Contact

standards ends at the I-55 Bridge. Downstream

of the bridge, the

Lower Des Plaines River joins the Kankakee River and becomes

the

Illinois River. Figure 2 shows the UAA reaches (Brandon Road and

Dresden

[Sland Pools) as well as the location of monitoring stations

operated by MWRDGC and !EPA.

Water Quality Assessment

The pollution population equivalent of effluent discharge carried

by CSSC

to the Lower Des Plaines River is approximately 9.5

mil1ion. The massive Tunnel and Reservoir Project

(T

ARP),

designed and operated by MWRDGC to provide storage and

treatment

of CSOs and to prevent basement flooding in the Chicago

area, has significantly reduced the number (i.e., frequency)

of

overflows per year. With the full implementation of the reservoir

portion

of TARP, the frequency of overflows will be further

reduced. Combined sewer

overflows reaching the river via. esse

contain a mix.ture of untreated wastewater and urban runoff from the

city of Chicago as well as the rest of Cook County.

Several large power plants use water from

essc and the Lower

Des Plaines River for cooling. These plants are operated by

Midwest Generation (and previously

by Commonwealth Edison,

Water Environment Research, Volume 79, Number 1

---

Novotny et al.

Figure l-Map 01 the Des Plaines River and part 01 CSSC

Irom the illinois state line

to

the confluence with the

Kankskee River (beginning

01 the illinois River).

-N-

t

I

Significant progress has been made in !mproving water quality

at the StiCkney, Calumet, North Shore,. Joliet, and other water

reclamation (wastewater treatment) plants discharging into the

Lower Des Plaines River system. Approximately 85% of the

eso discharges from the Chicago metropolitan area are now

conveyed into the TARP system and receive treatment

in the

Stickney plant.

Chemical Parameters. Use evaluation and analysis are accom-

plished

by comparing ex.isting or predicted future water quality to

a set

of water quality standards or criteria.

If

the standards are not

met. a scientific assessment will detennine whether they are attain-

able. Generally, a standard (criterion) for a pollutant

has three com-

ponents

(U.S. EPA. 1994):

• Magnitude-How

much of a pollutant (or a pollutant param-

eter

such as toxicity), expressed as concentration, is allowable.

•

Duration-The

period during which the instream concentra-

tion

is averaged for comparison with the magnitude of the

standard. The specification limits the duration of concentration

above the criteria.

•

Frequency-How

often the standards can

be

exceeded.

Many stales simplified the frequency/duration component

by

substituting the rule that a numeric standard must

be

maintained

(i.e., not

to be exceeded) at all times. Such a limitation is statistically

impossible because there

is a small chance that a water parameter

may reach a high, but statistically possible, value exceeding an

established standard (Committee, 2001). The federal criteria defined

the pennissible frequency

of excursions for federal toxicit)l \\?r\.orit'j

pollutants) crileria. The Water Quality Standard Regulation (U.S.

EPA. 1992.1994) specifies the following:

• Acute toxicity

criteria-I-hour average concentration (essen-

tiallya grab sample) not

to

be

exceeded more than once in 3

years

on average (lB3 allowable excursions) and

Figure 2-The Lower Des Plaines River and locations 01

MWRDGC and IEPA water quality monitoring points.

'taryalld

N

Urban

•

Major Trealm enl

Plant'

6 Mlijorpowerpluntii

LokI Michigan

o IS 10k",

o

10

lS miles

<,_0_\

r~]:.v}i,r

I

i'kl~ib~

HA

Wiscoilsin

I

lIIin';I~}'

'.

which sold its power production to Midwest Generation in 1999).

The Will County power plant takes cooling water

from esse

(outside the UAA reach). The city of Joliet's power generating units

are located at the beginning

of the Dresden Pool. The plants use

once-through cooling. During the summer of 1999,24 supplemental

cooling towers were installed on the cooling water outlet channel at

Station #29 in Joliet. The towers are used

as needed to keep the

temperature of tpe river at the I-55 Bridge at or below the adjusted

temperature standard requested by Commonwealth Edison and

approved

by the State of minoi' Pollution Control Board. Although

the once-through (i.e., run of the river) cooling water capacities of

these plants exceed

all of the low Row, of CSSC (Will County

power plant) or the Lower Des Plaines River (two power plant units

in JotieO, the plants cannot use all

of the river flow for cooling due

to the temperature limit at the I-55 Bridge location.

The !EPA has identified

the following parameters of concern for

the sections between the confluence of CSSC and the Kankakee

River: priority organics, metals, ammonia,

low dissolved oxygen

(DO)/organic enrichment nutrients, pathogens, siltation, habitat

alterations, and flow alteration.

January 2007

71

---

-Novotny et at

10

,

i

w

n:RQCAI.\TY

-STANDARD

t

I

•

I

I

-.@I:RSSF-RF.QI;F.'Nt

S.\~~Pl.lNG

-

CO~f1'I.IANCE

,

I>

tRF.QUENT S,UfJ'J,ING

NONrOMPI.IANr

CO~IPU\NCE NONCOMPLIA~CE

,

,

~

30

;;

::l

10'

;I

0

10

8f

O<l

..

5

1

0: I

in the river upstream of the Lockport Dam and in the CSSC is for

comparative purposes. The Kankakee River is the nearest minimally

pol1uted stream that has flows

of the same order of magnitude as

the Lower Des Plaines River. The watershed of the Kankakee

River borders that

of the Lower Des Plaines River to the south.

Unlike

the

Lower Des Plaines River, the Kankakee River is not

impounded and

its chemical characterislics were used as a bench-

mark for assessment

of chemistry. As stated previously, the can.

ftuence of the Kankakee and Lower Des Plains Rivers forms the

lllinois River.

Statistical probability plots

of both IEPA and MWRDGC data

from 1995

to 2000 were produced for each parameter. In the case of

the reference Kankakee River site, all existing data were used in

the statistical analysis because changes in most reference water-

sheds are not rapid (they should

be

least

imp~ted

by human

actions) and

the data base would have been insufficient if restricted

only to a

period of analysis of the 5 years preceding the stUdy. An

example' of the plot is shown in Figure 4. Toxic compounds

included in the analysis were compared with both the acute and

chronic ll1inois General Use standards. Standards for metals were

calculated

from

hardness (U.S. EPA, 1994) and the standards

calculated from Ihe average hardness for the siles

are included in

Table

2. The total ammonium standard was developed by formulae

taken from the updated federal criteria documents

(U. S. EPA,

1999). The acute and chronic criteria for ammonium are also site-

specific because they are calculated from pH (acute) and

pH and

temperature (chronic).

Water Environment Research,

Volume 79, Number 1

Figure 3-Statlstlcal plotting using log-normal probability

plota end the decision on compliance with water quality

standards.

The decision point Is set at the Intercept 01 the

probability line and the 99.8 percentile

01 being less or

equal. For compliance, the decision point should not

be

above the water qualllv standard.

99.9..l.l::::::~:::::-='':::t::t~-=::--'

99.X~,

~

...."

r

...l

99.S

.t----t-----j---t7""T-f---

-(

IJRO V.CTlON T Iln3

.f

;;,

YEA S EXCJo:EOl-\NCE

S 98 +-----+----+,--+---::!1'------1

O

CC

!> I

l'ROJlo:C

'IO~

to

'"

to % EX EEDANd-

~

9lt

o

Z

80

~

.. 70

60

~

50

-

40

72

• Chronic toxicity criteria-4-day

average concentration not to

be exceeded more than once in 3 years on average (4B3

allowable excursions) and used for most toxic pollutants,

or

3D-day average concentration (30B3 allowable excursions) that

is used for ammonium toxicity.

A frequency

of once in 3 years of allowable excursions

cOlTesponds to a probability of 1/(365 X 3)

=

0.001. or 0.1%. of

being exceeded or 0.2% of being equaled or exceeded. As such,

100 - 0.2

=

99.8% should be the probability of compliance. The

concept

of probabilistic fitting is shown in Figure 3 and has been

described in detail by Novotny (2003. 2004). In this methodology.

the water quality data are fitted to the log-nonnal probability distri-

bution and the line

of the best fit is extended to the critical pro-

bability

of being less or equal. The critical decision point is

placed at a 99.8% probability of being less for the acute (criterion

maximum concentration) standard. For dissolved oxygen, the con-

centrations can be arranged and ploUed

in descending order of

magnitude. Figure 3 also shows that evaluation of compliance with

water quality standards without statistics

may be arbitrary. For ex-

ample,

if only nine water quality data points were available (shaded

circles), all data could have complied with the pertinent magnitude

of the waler quality standard, but the frequency and duration of

statistical exceedance would be violated.

For nonpriority pollutants, scientific.judgment was used to

determine the frequency and duration components if such in-

fonnatian was not specified

in the standard or criteria documents.

Usually. the duration component is specified (e.g., the magnitude

of

the DO standard or temperature can be exceeded for a specified

number

of hours), but the frequency component may be missing. In

such cases, compliance with a standard

will occur if all measured

data are below the standard and/or 95 to 99%

of the data are below

the standard.

This frequency criterion is more stringent than that suggested in

the 305(b) reporting guidelines. These guidelines (U.S. EPA. 1997)

specify

that, fora particular chemical water quality constituent,

a water body would be fully supporting the aquatic life use

if the

number

of samples that do not meet the standard is 10% or less (i.e.,

only 90% compliance

is required). This is in conflict with the

frequency component

of the water quality standards and, for some

parameters (e.g., dissolved oxygen), it would lead to dubious water

quality conclusions. For example, this guideline evaluation,

in an

extreme situation, allows dissolved oxygen

to stay below the

standard for I month, yet the water body

would still be classified as

good/fully supporting.

For chronic toxicity, U.S. EPA's water quality guidelines (U.S.

EPA, 1992, 1994) require 4-day averaging (30 days for ammonium)

periods. This infers that samples must

be

taken daily or composited

during 4-

or 30-day periods, respectively. Such sampllng programs

are rarely available. For such "incomplete" monitoring series' that

do not allow 4-day averaging, the 99.4 percentile was used

in the

first cut (Tier I) analysis to define the chronic standard

as suggested

by the statistical analysis of a U.S. EPA expert (Delos. 1990).

SUbstituting data points generated

by Monte Carlo simulation has

also been used

in the Tier II analysis (AquaNova Intemational/Hey

and Associates. 2003; Novotny. 2004).

Figure 2 shows the location

of sampling points. The key

sampling points used

in the UAA are those located in the segments

of the Des Plaines River between the Lockport Dam and the I-55

Brid~e.

The reference site on the Kankakee River defines the

reference conditions for this

preliminary analysis. Analysis of data

---

1---0

99.9 ---- -.----,-...---.-- ----r-------.

991--1---

-~--

--j---,..(l~-.,....-'----__,

95H---I---+---i

!

80

SOH----f

2OH-'~'

Sl-I;.o..:a---il---j----j--

I

O.l!::j'--==±:::=:±:==I:==±::::::=±::==±I

-24

-22

-2

-1.8

-1.6

-1.4

-1.2

Total Copper

(log Concentration -

l1lglL)

Novotny et at

Figure 4-Example 01 a statistical plot 01 copper usad lor establishing probabilities 01 excursions 01 the standsrd.

Tier I-Screening Analysis.

Paramet~rs

listed in Table 3 meet

the Illinois General

Use standards and the federal aquatic life

protection and propagation criteria. By default, they also meet the

current Secondary Contact Recreation and Indigenous Aquatic Life

Use because these standards

are less stringent The water quality

parameters have also passed the 99.8 percentile probability test for

nonexceedance

in spite of the fact that some are not priority

pollutants. Chloride

is not a priority pollutant. and organisms can

tolerate extended periods

of higher salinity; therefore, the 97%

compliance

was deemed to

be

satisfactory (note that the guideHnes

for the

305[b} reporting characterize 90% compliance for non-

priority pollulants as "good"). For the parameters )isted in Table 3.

the General Use of the water body (aquatic life protection) has been

met. Table

4 includes parameters that did not pass the Tier I test and

required further analysis.

In the final Tier II analysis, dissolved oxygen, temperature, and

colifonn bacteria required formulation

of new standards and

adjustment of uses. Monte Carlo modeling was used to generate

missing data for chronic toxicity evaluations for 'ammonium and

copper, along with implementing the concept

of the water effect

ratio. The QUAL 28 Model developed by the Institute for

Environmental Risk Management of Marquette University,

Table 3-Parameters meeting illinois General Use Standsrds and Federal Criteria.

Parameler

Arsenic

Barium

Boron

Cadmium

Chloride

Chromium

(trivalent)

Cyanide (WAD CN)

Fluoride

Iron

Lead

Manganese

Nickel

Phenols

Selenium

Silver

Sulfate

Tot. Ammonium as N (CMC)

Tot. Ammonium as N (CCC)

Zinc

Representative

sites meeting

General Us. Standards

All in the Lower Des Plaines

A.

All

All

All

All

All

MWADGC 93. 94,

95

All

All

All

All

All

MWADGC. IEPA sites

All

All

All

All

All

All

Approximate probability of compliance

wllh General

UI8 Standard

>99.8%

>99.8%

>99.8%

>99.8%

(CCG) ')

97% (MWADGC 94, 95)

>99.8%

>99.8%

>99.8%

>99.8%

>99.8%

>99.8%

>99.8%

>99.8%

>99.8%

>99.8%

>99.8%

>99.8%

2)

MWADGC and tEPA sites >99.8% for lolal and

dissolved zinc acute (CMC)

standard

only

1) Chronic standard for cadmium is 10 to 25% below the detection limit. All measured

dissolved

cadmium concentrations in the last five years

were at or below the detection limit, consequently it ;s

not possible to

calculate

WER. Compliance with the chronic standard is impossible

to

ascertain but is assumed.

2)

An exact estimation of compliance involves statistical fitting and joint probability consideration of 3 parameters, Total NH

4

+,

temperature. and

pH, calculated as 30 day (4 day) averages. Furthermore. all three parameters are not pure random variables but exhibit a cyclic pattern. A

scientific judgement

was used in the Tier 1 analysis.

January 2007

73

---

Water Environment Research. Volume 79, Number 1

Novotny et al.

40

All sites meeting l11inois Secondary Contact Use standard

MWRDGC sites

92-95

also not meeting the Secondary

Contact Use standard

No Illinois Secondary Contact Use standard in force

Also not meeting Illinois Secondary Contact Use standard

Only Stations G23 and MWRDGC

93

do not meet the

Secondary Contact Use standard

Temperature meets the current Secondary Contact

Use standards

Only acute

11Iinois General Use standard is met

al

all

sites. Illinois chronic standard is not met at all sites.

Federal chronic criterion

is met at all sites.

Comment on meeting the Secondary Contact

and Indigenous Aquatic Life Standards

over the Lockport Dam and in the pool itself, and possible effects

of algal growths. There was a 25% probability that the DO

concentrations in the Brandon Pool would be below the Geneml

Use standard of 5 mg/L and a 5% probability they could drop below

the current secondary standard

of 4 mg/L.

In

the Dresden Pool,

daily variations

of DO levels due to nutrient enrichment can also

cause a drop

in DO concentrations below the General Use standard;

however, the current Secondary Contact Use standard

of 4 mg/L is

generally met. This situation represents a significant improvement

compared to

DO concentrations measured in the Lower Des Plaines

River

25 to 30 years ago (BUllS et

aI.•

1975). In 1972. DO concen-

trations in the Brandon Pool for long time

perioos could not meet

the interim standard

of 2 mgIL (Butts et al., 1975) that was applied

then.

In

2000, maintaining an average daily DO level of 5 mg/L in

the pool was common.

Representative Lower Des Plaines River

Sites Not Meeting General Use Standards

All stations

MWRDGC sites 94

&

95

All stations with exception of MWROGC

95

(Interstate 55)

Section in the Dresden Island pool between the

thermal power plant outlets and

1~55

Bridge

All MWRDGC sites

1)

(IEPA measurements not available)

MWRDGC sites (chronic

& acute)1)

MWRDGC siles (chronic

& acute)

1)

20

1) MWRDGC sites measured total metals only.

Chronic rllllge General Usc:""'-

j..,.

~~._

...+!,

Chronic range current standard

r

25

30

35

LETHALTEMPERATURE,.C

Figure

5-

The Secondary Contact and Indigenous Aquatic Life Uae standards lor temperature allowed temperature In

Parts 01 the Lower Dresden Pool to reach levels that could have been lathal to fish. The alternate absolute maximum

standerd was applicable only

to the end 01 the UAA study at the I-55 bridge.

Milwaukee, Wisconsin. simulated DO conditions and the impact

of dam aeration (AquaNova Intemational/Hey and Associates,

2003). Accurate analysis

of mercury was not possible because of

the

detection~limit

problem of the analytical method. For the

remaining three parameters, the General Use standards were found

to be attainable.

The problem with some current Secondary

Co"ntact Use standards

(Table 2)

is that they exceed chronic or even acute lethality levels.

This

is documented for temperature in Figure 5. For dissolved

oxygen, even the Kankakee River (reference. stream) had

difficulty

meeting the absolute minimum 5 mg DOlL s.tandard at "all times".

In the Brandon Pool. dissolved oxygen, on occasion, drops below

the current 4 mg/L standard. The lowest 00 concentrations

generaUy occur

at medium flows. indicating the effect of the

remaining CSOs

on. the oxygen level of the stream, poor aeration

Zinc

Temperature

Parameter

Fecal coliform

pH

Dissolved oxygen

Copper

Mercury

Table 4-Parameters not meeting Illinois General Use Standards or are threatened.

---

Novotny at al.

Figure &-Habitat. scores based on Ohio's QHEI Index

(Rankin, 1995)

lor the Lower Des Plaines River and CSSC.

Note that habitat SCONS lor the Ullper Dresden Pool

(Secondary Contact Use) and Lower Dresden Pool

(General Use) are statistically Identical. The Brandon

Pool and Lockport Pool

(CSSC) have slmllsr habitats

corresponding to artificial navigation canals.

Sediments. U.S. EPA (Region V, Chicago, filineis) measured

sediment contamination extensively and the (pu blie domain) data are

included, in numeric and graphic Conn, in the appendix of the final

report of the UAA (AquaNova Intemational/Hey and Associates,

2003). The analysis found the contamination to

be

mostly legacy

pollution that was highest in the depositional zone above the Brandon

Road Dam ("river km 460" ["mile 286"] site), By calculating the

pore water concentrations of the sediment and comparing them with

the chronic water quality standards, polychlorinated biphenyls

(PCBs), dieldrin. chlordane, and heptachlor epoxide were identified

REACH

as pollutants of concern. The ammonium effect is related to

temperature; however, in general, ammonium in sediments was

deemed to

nOl

be

toxic to aquatic biota residing in water (with the

exception

of the river km 460 site). Toxic metals are not a problem,

with the exception

of cadmium at the river km 460 site.

A more definitive evaluation was not possible without a detailed

study

of sediment contamination and a possible remediation TMDL.

This proposal far a study should not delay implementation

of water

quality standards. The abatement should focus on depositional

zones at the river km

460 and 453 sites.

Bialogicallnvestigations. At the time of the study, I11inois had

no standards

for biotic'assessment,only guideline criteria. However,

using biotic observations and criteria (not binding) is an indis-

pensable tool of water quality management, UAAs, and TMDLs

(Committee, 200I).

Biotic evaluation'\ were conducted by IEPA as well as consultants

for Midwest Generation and Commonwealth Edison.

The data from

these observati.ons were used by UAA preparers. The biotic evalua-

tions focused

on the quality of the habitat and benthic macro-

invertebrate and fish compositions expressed by indices

of biotic

integrity (ffiIs) (Barbour et aI., 1999).

Ohio's Qualitative Habitat Evaluation Index (QHEI) (Rankin,

1995) was used for habitat assessment. Poor habitat scores

throughout the investigated river reaches were caused by a lack

of

riffle and run habitat; a lack of hard substrate; channelization and

frequent bottom scouring by barge traffic; a poor riparian habitat,

especially

in the Brandon Pool; a lack of instrearn cover; and, above

all, impounded conditions. The Brandon Pool

is essentially a man-

made channel with vertical .sheet pile

or masonry embankment

walls. The Dresden Island Pool has a more diverse habitat. The

QHEI scores for the pools are shown in Figure 6. The Lockport

Pool is located on the csse, just above the confluence with the

Lower Des Plaines River, and the Lower Dresden Island Pool is

located downstream

of the I-55 Bridge. These two segments are not

part

of the UAA investigation. The highest quality habitat scores are

in the range

of 55 to 66. Habitat scores below 45 are associated with

--c:

..II!!

I~

o

MEET CWA GOALS

c:

~

l!

CD

35

25

75

65

W55

J:

045

00

00

40

10

•

•

•

Figure 7-Dhlo fish IBI scores lor selected Impounded Illinois streams. The Upper Dresden Pool and Brandon Pool are

parts

01 the Lower Des Plaines River UAA. Relerence water bodies are the Lower Dresden Pool, Upper Das Plaines River

(Iree flowing), Impounded and Iree flOWing reaches 01 the Fox River, and Impounded reaches 01 the Green River and

Rock River. The designated use

lor the Upper Dresden Pool, Brandon Pool, and Lockport Pool was Secondary Contact

and Indigenous Aquatic Lile. Ali other rivers are designated

a8 illinois General Use.

.

January 2007

75

---

Novotny at al.

Water Environment

Research, Volume 79. Number 1

'----+-General use stlladllrd

100'.'

Proposed Use Change and Modified Slandards

Using statistics and

log~nonnal

probability plotting (Figures 3

and 4) for each individual chemical component. the study docu-

mented that a majority

of the chemical General Use standards are

already attained. Furthenoore, the Secondary Contract Use stan-

dards that are in the lethal zone must

be

repealed. Most navigable

water bodies could provide conditions for balanced aquatic life and

should

be

classified with a use commensurate with Section 101(a) of

CWA (i.e., the General.Use in Ulinois). The purpose of the use

designation is not to downgrade the

use, rather, to reflect the reality

that the biological composition

of such water bodies may not be

comparable

to pristine, unimpacted reference streams that fonn the

foundation

of IBIs. Because navigation is irreversible in the long

run and

is specifically mentioned in CWA as a protected use, the

integrity

of these streams should

be

compared with least impacted

water bodies that have the same morphological character (i.e.,

impounded and navigable). What

makes the Lower Illinois River

somewhat unusual is its effluent domination. However,

as reason

no.

2 of the UAA regulations (fable 1) indirectly states, effluent

Brandon Pool

was not suitable for primary recreation and gave the

state options that were less than

primary recreation. Although

physical features

of the Dresden Pool are more'sultable for primary

recreation. primary contact recreation may not

be

desired nor

recommended for the pool due

to effluent domination of tbe river.

However, in

a

situation where primary contact is possible

and

likely, protection of primary recreation must

be

implemented.

2

!I

1011

JO ....

SO'01O ..

90

9598

CUMULATIVE PROBABILITY (PI.

<)

Figure 8-Probablllstlc log-normal distributions of lecal

coliform bacteria

In the Brandon Pool. The probability

lines represent the lines of the beat

fit of the' log-normal

probability distribution. The river mile 278 and MWRDGC

95

locations sre at the

I-55

brldge. The MWRDGC

94

location Is In the middle of the Dresden Pool. Note the

difference between the fecal coliform

densftles In

1971

(Bulls et al.,

1975),

when the upstream effluents were

dlalnfecled,

and during the 2000 to 2001 perlod, when

upstream effluent disinfection

of MWRDGC and city of

Jollattreatmant planla was not practiced.

---~.:::~~~~~~e'----

.......

'l.~\

i

toooo

+-----7".'-

....-...

--1

..

f-~-~------_1

g

.

~

.

f

~

~

:a

""

...

~

76

streams that do not attain warm water habitat biocriteria and have

modifications that are generally Severe and widespread.

The goal

of the fish IBI investigation was to evaluate the existing

status and characterize the potential

of the fish community in the

Lower Des Plaines River. Electrofishing data, collected from 1999

to

2001 by a consultant for Midwest Generation, were analyzed

using an

IBI.

The IBIs for the fish community of the Lower Des

Plaines River were then compared to other impacted rivers

in the

region.

The

UAA found that the Brandon Pool had consistently poorer

biotic integrity than downstream reaches. The probable cause for

this

is the modified channel and lack of habitat. A general decline in

biotic integrity was observed moving upstream from the Lower

Dresden Pool into the Upper Dresden Pool (Figure

7) and con-

tinuing

to the Brandon and Lockport Pools. The IBIs for other

impounded lHinois streams (Fox, Rock, and Green Rivers) and the

Des Plaines River upstream from the confluence with CSSC that

have been designated as General Use water bodies

are also shown in

Figure

7. It can

be

seen that the Lower Dresden Poot IBIs are

similar to the impounded, but not navigable, Fox River. which is'

a General Use stream. Comparing the impounded and free-flowing

Fox River segments revealed that the impounding status results in

mIs that are 12

10

15 scoring points less than those for the free-

flowing segments. For this reason, the state

of Ohio developed

a Modified Impounded Stream Designated Use (classification) that

recognizes that impounded streams cannot reach the ecological

quality

of free-flowing, wadeable streams from which the IBI

classification ranking was originally developed.

Bacteria.

At the time of the study (1998 to

2(03),

secondary

. contact recreation in Illinois was not protected

"by a standard. The

standard for secondary recreation was repealed.more than

25 years

ago. Subsequent to the repeal, treatment plants

on Chicago

waterways

and in Joliet ceased chlorination. The bacterial status

of Chicago waterways is the subject of another UAA. The Illinois

General Use standard during the time

of preparation of the UAA

was 200 fecal colifono/loo mL as a geometric mean, and 10% of

samples during any 30-day period not to exceed 400 fecal

colifonoslloo mL. Through

surveys, the study found that primary

(contact) recreation did not exist

in the Brandon Road Pool and was

infrequent (incidental) in the Dresden Island Pool. Passage

of

recreational boats is common during summer months in both pools;

the surveys also found that recreation would increase

if

the

perception

of water quality improved.

The U.S. EPA (1986) Water Quality Criteria document required

states to change to

Escherichia Coli

and

Enterococci

indicator

microorganisms for recreation.

E. Coli

are part of the fecal colifono

group; therefore,

E.

Coli

concentrations theoretically cannot

be

greater than fecal colifono concentrations. U.S. EPA (2002) insists

on adopting the risk related to the

E.

Coli

standard. Acceptable risks

for water bodies with beaches that are heavily used for primary

recreation range from 8

to more than 10 illnesses per 1000

swimmers, and the corresponding standards range from

126

E.

Coli!

100

mL

for frequented beaches to larger values for waters that are

not heavily frequented.

A

stale can detennine the level of risk.

In spite of discontinuation of effluent chlorination, Figure 8

shows that the bacterial quality of the Lower Des Plaines River has

improved dramatically since the 1970s, when chlorination was

practiced. This reflects the improvements in treatment technology

and the impact of TARP.

Because of physical constraints imposed by the physical features

of the channel and frequent navigation, the study found that the

I

---

Figure 9-Proposed free-flowing end Impounded river

classifications.

domination cannot

be

used as a reason to downgrade the use nor to

keep a lesser use that does not comply with Section 101 (a) of CWA

unless the remedy for the noncompliance would cause a widespread,

adverse, socio-economic impact. In the case

of the Lower Des

Plaines River, meeting the General Use standards for dissolved

ox.ygen, bacteria (pathogens), and temperature would require com-

mon technologies (e.g., cooling, stream aeration, and effluent disin-

fection). Implementation

of these remediation technologies would

not cause a widespread, adverse, socio-economic impact.

Conversely. water bodies that are heavily used for economic

purposes, such as the Lower Des Plaines River, need help

to achieve

optimum water quality goals. Without management, these water

bodies would not achieve their ecological potential. As such, man-

agement means should

be provided .that would compensate for the

effects

of physical modification and uses and lead to optimum water

uses in agreement with the overall goals

of CWA. Such measures

may include instream or side-stream aeration, fish stocking, periodic

sediment dredging, nutrient inactivation, and so on. A plan for water

body management should be developed after the UAA has been

completed.

The physical, man-made features

of the impounded, navigable

water body that make it different from an unimpacted, free-Dowing

stream are

as follows:

• Substrate deficiency in the navigable channel that prevents or

limits fish spawning and propagation;

• Legacy pollution in sediments that, based

on a UAA study and/

or TMDL, cannot

be

remedied;

• Poor aeration

that, based on a UAA, cannot

be

remedied;

• Poor

or nonex.istent contact recreation due to barge traffic,

embayments, stream lining, and so on;

• Lack of fish refuge;

• Impoundments that prevent fish passage and migration that

cannot

be

remedied (e.g., by installing fish ladders);

• Flow irregularities caused by operation

of locks for navigation;

and

• Flow and temperature irregUlarities caused by increased

imperviousness

of the watershed, for example, that cannot

be

remedied.

January

2007

Novotny at a1.

The UAA for the Lower Des Plaines River developed a suggested

modified

use designation for the two pools. The objectives of the

modified

use designations are

•

To define an optimum ecological water use for the water body,

•

To delineate possible limitations on the uses of the water body,

and

• To suggest possible management to maintain the optimum

ecological use.

Proposing the modified use is

in accordance with reason no. 4 of

the UAA regulations (Table I). The most important preamble of any

such modified use designation should

be

that it is not a pennanent

designation. When irreversibility

of the physical impediments

ceases to exist, the water body designation should

be

changed to

General Use.

The second preamble is if the water lxxlY can presently or

potentially attain General Use designation, the General Use

designation cannot

be

downgraded. This also applies to standards;

that

is, if the appropriate standards are attainable, they cannot

be

downgraded.

The third preamble

is if the water quality problems are caused by

correctable point and nonpoint discharges

of pollutants, the lesser

use cannot

be

assigned to the water body. The categorization wi II

impact only those water quality parameters that are affected by

irreversible physical impediments

of the water body (e.g., lack of

spawning habitat) and will not lead to a blanket relaxation of other

water quality standards (e.g., toxic .compounds).

The concept

of the modified use is based .on Ohio water body

designations linked to the fish and 'macroinvertebrate IBIs (Figure

9). Under

the proposed classification, impounded water bodies that

have good

to fair habitat conditions, such as shallow ntoral and

backwater refuge areas, could

be

classified as General Use

(impounded). This category is appropriate for the

DreSden Island

Pool. The study found that the habitat quality

of the Lower Dresden

(General Use) and Upper Dresden (Secondary Contact Use) Pools is

similar and, because the Lower Dresden Island Pool has a General

Use classification, considerations should

be

given to extending the

(modified) General Use to the entire Dresden Island Pool. Only

water bodies that a UAA finds to have physical'features and

navigational activities that prevent early life spawning, propagation,

and development would

be

classified as "Modified Impounded

Use". The main reason for this categorization is the separation of

early life present or absent categories in U.S. EPA (1986) standing

criteria (and OIinois water quality standards for ammonium) that

allow relaxing dissolved oxygen, ammonia, and some other

standards

in early life absent situations. The Brandon Road Pool

has

the

characteristic of

the

modified impounded water body with

early life absent and could receive this site-speCific use designation.

Fish studies have documented that early life fonns in the Brandon

Pool are present

in much smaller densities than in the Dresden Pool

as well

as downstream reaches of the river. From this discussion

it follows that, using the best impounded and channelized water

bodies as a reference (for example the Rock and Green Rivers) and

not wadeable. small headwater streams (e.g., the Mackinaw River),

this specific form of General Use can be ektended to water bodies

that have smaller mI values.

Water Quality Standard for the Modified Impounded

Use.

Dissolved Oxygen.

The key decision variables in the

formulation of the DO standard in the U.S. EPA (1986) document

is the division of water bodies into cold and wann waters and their

categorization based on the potential of early life fornlS to be

77

---

Novotny at al.

present or absent. The Illinois General Use criteria are similar in

magnitude

to the U.S. EPA warm water fish species category of the

DO

limit This category is logical for the Des Plaines River and

other northeastern Illinois water bodies because sa1monid cold water

fish species are not indigenous to these rivers and could not sustain

a viable reproducing cold water population.

Consideration was given to the following wording of the U.S.

EPA (1986) criteria document:

. .. Where natural conditions alone create dissolved ox.ygen

concentrations less than 110%

of the applicable criteria means or

minima

or both, the minimum acceptable concentrations is set at

90%

of the natural concentration, ... Absolutely no anthropogenic

dissolved oxygen depression of the potentially lethal area below the

1

~day

minimum should

be

allowed unless special care is taken to

ascertain the tolerance

of resident species to low dissolved oxygen.

The

U.S; EPA document also states that, during periodic cycles

of DO concentrations, minima lower-than-acceptable constant

exposure are tolerable so long as

• The average properly calculated concentration attained meets

or ex.ceeds the criterion and

• The minima are not unduly stressful and clearly are not lethal.

This wording allows consideration

of "daily mean" instead of

"instantaneous minimum" for waters that are affected by

photosynthetic ox.ygen production and algal respiration. The state

of Illinois has chosen

an instantaneous minimum and U.S. EPA has

accepted this interpretation.

The key"to the Modified Impounded Use,

designation is to

establish the fact that early life forms (fish) are not indigenous to the

segment.

As pointed out several times in this article, the Brandon

Pool is an artificial, rectangular navigational channel and the fish

surveys have' found that early life fonos cannot develop and

propagate. The small numbers

of more tolerant early life forms were

most likely brought by currents from the upstream natural sections

of the river and mostly pass through the Brandon Pool.

The federal

DO criteria for early life forms absent are as follows:

30-day mean,

5.5 mgIL; 7-day mean minimum, 4.0 mg/L; and 1-day

minimum, 3.0 mg/L.

The UAA study compiled DO tolerances from U.S. EPA and

other literature sources for

wann water fish indigenous to Northern

lllinois (Figure 10). Additionally. the study analyzed the

relation-

ship between the minimum mean daily DO concentration and the

7-day minimum concentration and found that it suffices

to use the

1-

day minimum concentration; the 7-day and 30-day mean minima of

DO

concentrations are redundant. Therefore, the proposed

00

standards for the Modified Impounded Use of the warm water body

(Brandon Pool) were as follows: a minimum daily mean not to

be

below 4 mg/L and a daily absolute minimum of 3 mg/L.

The

stUdy recommended that !EPA consider developing

a frequency of allowable ex.cursions. Presently, the DO

concentra~

tion is allowed to be less than the standard only at flows less than

the

7 Q 10 (smallest 7 consecutive days average flow, with

arecurrence inlervaf ofonce in 10 years). Because there is a distinct

probability that low DO concentrations may occur more frequently

at Rows higher than 7 Q 10, the frequency component of the

standard could be expressed in tenos

of probability of compliance

(e.g., 99.8%, which is the same as 1B3 notation) rather than

an

.'~solute

minimum. However, the agency realized that, at this time,

;1. unplernentation of the frequency component may be legally

OPTI.\I,\L

"

.;

,

(lROWTII

..

"

....

Ci

c.

R£URII,\T10N

..

'"

i.',l

t

"

1

UTH.\I.

",'

Dls."iOl.vm OX:Ha:s 11ll!!/I.I

Figure 1Q-Impact of DO concentrations on fish that are

or could

be

residing In the Impounded Lower Des Plaines

River. Data for IIsh effects were taken from several

sources cited In the article (AquaNova InternatlonallHey

and Associates,

2003).

difficult. Conversely, 99.8% compliance may, in legal tenns, have

de facIO

the same effect as a "no excursiont" limit:

The daily absolute minimum limit is needed and makes sense in

situations where dissolved oxygen exhibits significant daily fluctua-

tions caused by algal photosynthesis and respiration due to nutrient

enrichment, which is the case

of the Lower Des Plaines River.

Other parameters for the Modified Impounded Use standard

(early life forms absent) that

are different from the General Use

standards include ammonium and the standard for recreation.

Similar to the

DO

standards, criteria for ammonium are divided into

those for water bodies with early life forms present or absent

Application of the early life fOlms absent standards requires the

water body to be classified as a modified impounded

wann water

body.

.

Because of the irreversible physical attributes, navigation, and

effluent domination

of the Brandon Pool, adopting a primary

contact recreation standard was not proposed and primary recreation

is discouraged. However, because recreational boat traffic through

the Brandon Pool is occurring and boat launches have been or are

being built

in Joliet,

the

designated use of the pool would be

secondary noocontact recreation.

The risk for such a use should be

higher than the risk for primary contact recreation. which is

recommended between 8 to 10 iIlnesses/1ODO swimmers. The UAA

proposes to establish a standard that would recognize the fact that

primary contact either does

oat exist or would be rare and

incidental. This standard would

be 5 times the criterion based on

the highest anowed primary contact risk that, at the conclusion

of

the study, was 10 ilInesses/lOoo swimmers. The corresponding

standard would then be 5 X 206

=

1030 cfu/!00 mL of

Escherichia

Coli

indicator organisms measured as the geometric mean of

samples. No single max.imum standard was proposed because this

limit is used for swimming beach protection.

It was recommended that all other parameters

of the Modified

Impounded Use would

be

based on the General Use standards.

These standards

are currently being met or are attainable. For

metals, especially copper, the standards should develop and incor-

porate the water effect ratio concept included in the Water Quality

Standards guidelines (U.S. EPA, 1994).

The study proposed that the Modified Impounded Use be

lmplemented for the Brandon Pool only. Based on the evaluation

of the ex.isting water quality, habitat. attainable waler quality, and

biotic assessment, the study recommended that the General

Water Environment

Research, Volume 79, Number 1

---

Use (impounded) designation be extended to the entire Dresden

Island Pool.

It

was recommended that standards applicable to the Dresden

Island Pool be based on the nIinois General Use standards. Site.

specific standards are recommended for copper and dissolved

oxygen. The "impounded"

sub~use

designation recognizes that the

level of

biotic integrity of impounded waters is not commensurate

with the biotic integrity values typical for wadeable streams.

The Upper Dresden Island Pool has natural assets that promote

primary

recreation~

hence, primary recreation use and the uniform

standard

for pathogens are recommended to be extended to the

entire Dresden Island Pool. However. this stretch of the river also

has a significant concentration

of industrial activities and most re-

creation will occur downstream

of the I-55 Bridge, which is outside

the stretch analyzed by the UAA where the General Use

is already

the designated use. The expected frequency

of swimming will still

be low and the frequency of primary contact recreation will be much

less than in other Illinois streams. Therefore, the state may choose

the highest acceptable risk allowed by the U.S. EPA guidelines. The

frequency of the primary use could

be

characterized as "Infrequent

Full Body Contact"

or "Marginal Primary Contact Recreation".

The UAA recommended the fecal.coliform-based standard

be

discontinued. Because there is a correlation between

E. Coli

and fecal

coliform densities and

E. Coli

density cannot exceed that of fecal

coliforms, continuation

of the fecal coliform.basedstandard does not

make sense.

The

proposed bacteriological standards are attainable

(with disinfection

of Joliet effluents) and would provide adequate

protection for contact recreation in the entire Dresden Island Pool.

The foHowing modifications

of the General Use standard were

proposed for the Dresden Island Pool:

DO standard expressed for

daily mean and absolute minimum; copper standard modified by

the water effect ratio to

be developed for the segment; and chronic

zinc standard at the level

of the federal criterion continuous

concentration.

The study also proposed that the temperature standard be made

commensurate with the General Use standard. The current

Secondary Use and Indigenous Aquatic

Ufe Use standard for

temperature does not provide protection against lethal temperature

levels. The actual magnitudes

of the proposed standards for the

Lower Des Plaines River were subsequently developed in a U.S.

EPA-commissioned study by Yoder and Rankin (2004). This ex-

tensive study based

on temperature tolerances of fish indigenous to

the northern lllinois modified water bodies suggested temperature

limits that were more stringent than the current temperature levels

of

the General Use standards.

Action Plan and Conclusions

By statistically comparing the key water quality parameters with

those measured

in the 1970s and 1980., the UAA found that the

water quality of the Lower Des Plaines River has significantly

improved since the, 19705, when the

Secondary Contact Use

designation was implemented

by

the lllinois Pol1ution Control

Board. In the 1970., DO levels frequently fell below 2 mg/L,

ammonium levels in the river were high, and fecal coliform

densities were two orders

of magnitude larger than today. The

bottoms

of the pools were covered by dense mats of sludge worms

and oxygen demand of the sediments was extremely large. In 2000,

a majority

of chemical water quality parameters met the lllinois

General Use standards. Sediment

quality has also improved. None

of the sediment quality parameters analyzed by IEPA and

MWRDGC from 1999 to 2000 were classified as "highly elevated"

January

2007

Novotny at al.

according to the !EPA scale, and the sediment texture, consisting

mostly

of bedrock sediments, has improved. However, sediment

contamination by PCBs and several toxic pesticide degradation

products that were revealed in U.S.

EPA's (2001) extensive survey

warrant a remedial investigation, especially in two depOSitional

zones (AquaNova Intemational/Hey and Associates, 2003).

The report suggested short- and long-term

actions. In the short

teon, the UAA proposed the foHowing actions:

• Adopt the federal criteria for pathogens and establish a

Secondary Contact Use for the Brandon Road Pool and a pri-

mary higher risk

recreational use for the Dresden Island Pool.

• For the Lower Des Plaines River only, express the magnitude

of the DO standard as a minimum 24-hour mean dissolved

oxygen

concentration (5 mg/L in the Dresden Pool and 4

gIL

in

the Brandon Pool) and absolute minimum (4 mg/L in the

Dresden Pool and 3 mg/L

in the Brandon Pool, respectively).

• Develop a water effect ratio for metals based on toxicity

difference between the waters

of the Lower Des Plaines River

and the laboratory water of the bioassays from which the

standards were developed. Additionally, address the difference

between the General Use chronic standard for zinc and the

federal criterion.

• Consider establishing a water quality management system and

coordinating group for the Lower

De~

Plaines River.

•

To alleviate and resolve the DO problem in the Brandon Pool,

the UAA suggested that, in the short-tenn, in-stream or side-

stream aeration

be implemented during the times when DO

levels could drop below the proposed Modified Impounded

Use standard.

• Regarding the PCB and pesticide contamination

of sediments,

the UAA proposed that a remediation study

be

conducted. The

study should include a comprehensive assessment

of the

distribution

of the contaminants and toxicity of the sediments

throughout the area, and propose and assess remediation of the

hot spots by sediment capping

or removal and possible

remediation (including recovery during no action)

of contam-

inated sediments

in and out of the navigational channels.

• Limit the use

of the Brandon Pool for recreation. The governing

agencies should post warnings, maintain railing and fencing

along the Brandon Pool, and conduct public education to

prevent use

of the pool for swimming. especially by children.

For the Dresden Pool, there are four problems that prevent full

attainment

of ecological potential. The first problem is contamina-

tion

of the sediments by

three

pesticide residues and PCBs in

depositional zones. The second problem is the absence

of

disinfection of the effluents discharging wastewater with high

levels

of bacteria into the Dresden Island Pool. The third problem is

the temperature in the Upper Dresden Island Pool. The fourth

problem is lack of in-stream covers and riparian buffers that could

be

improved by artificial habitat improvements. As far as chemical

parameters in water are concerned, the Dresden Island Pool meets

the General Use standards for all parameters except mercury,

temperature, and chronic zinc.

The recommendations for the Dresden Pool

are:

• The UAA recommended that municipal discharges into the

Dresden Pool (including tributaries) complete their program

of

elimination of CSOs and also consider effective best

management practices for control of toxicity in urban runoff.

• While

the

General Use fecal coliform-based standard for

79

---

Novotny et ai,

bacteria is not met, a higher risk primary contact standard

based on the new U.S. EPA (2002) criteria is attainable. To

accomplish the goal of providing limited contact recreation in

the Dresden Island Pool, wastewater effluents containing

pathogenic microorganisms should be disinfected.

• Implementing the General Use standard for temperature

is

a necessary step to improve the biotic integrity of the Upper

Dresden Island Pool to a level commensurate with the

impounded water bodies with balanced biological communi.

ties. This will require reducing thermal inputs from power

plants discharging into the Dresden Island Pool.

Conditions

in the Lower Des Plaines River have been steadily

improving. After

the common sense actions outlined in the UAA

report are implemented, the potential for further improvement will

increase. The Lower Des Plaines River in the Dresden Island Pool

could meet the General Use classification and, in the Brandon Pool,

the proposed Modified Impounded

Use that are both commensurate

with the goals

of CWA. Although this potential for improvement is

real, the water body may never reach the ecological status of

pristine, wadeable streams.

Acronyms

eee Criterion continuous concentration (chronic

toxicity limit)

CMC Criterion maximum concentration (acute

toxicity limit)

eso Combined sewer overflows

CSSC Chicago Sanitary and Ship Canal

CWA Clean Water Act

mI Index of Biotic Integrity

IEPA llIinois Environmental Protection Agency

MWRDGC Metropolitan Water Reclamation District

of

Greater Chicago

QHEI Qualitative Habitat Evaluation Index

TARP Tunnel and Reservoir Project

TMDL Total maximum daily load

USGS U.S. Geological Survey

UAA Use Attainability Analysis

usEPA U.S. Environmental Protection Agency

Credits

The UAA study of the Lower Des Plaines River was commis-

sioned by IEPA by a consulting contract to AquaNova International,

Ltd.

(Mequon, Wisconsin, and Boston, Massachusetts). The authors

acknowledge

the contributions and cooperation of many other

agencies and stakeholders in providing data, advice during stake-

::. holders' committee meetings, and written comments. In addition to

.!EPA, data and advice for the study were provided by U.S. EPA,

:'.,~,'M':"ROOC,

Midwest Generation (previously Commonwealth

.:,:~, ~.ISO~),

llIinois Department of Natural Resources, city of Joliet,

':,?"

n~Rlver

Manufacturers Association, environmental nongovem-

~~:-mental

?rganizations, and U.S. Geological Survey. The views and

+",suggestions presented in this anicle are those of the UAA preparers

.'

~

not of the funding or cooperating agencies. Copies of the

,=plete UAA are available from !EPA Spriogfield, minois. The

.aUtho"

at

als

0 WIS

. h

to thank two anonymous

'

reviewers who provided

~~';'

uable comments on the article.

Submitted for publication March

7,

2005; revised manuscript

submitted December

22,

2005; accepted for publication January

II. 2006.

The deadline to submit Discussions of this paper is April 15.

2007.

References

AquaNova IntcmationallHey and Associates (2003)

Lower Des Plaines

River Use Attain.ability

Analysis-Final Report.

Submitted Lo the

Illinois Environmental Protection Agency, Springfield. Illinois.

Barbour, M. T.; Gerritsen, J.; Snyder, B. D.; Stribling, J. B. (1999)

Rapid

Bioassessment Protocols for Use in Streams and Wadeable Rivers:

Periphyton, Benthic Macroinvertebrates, and

Fish.

2nd cd.; EPA.

8-1-I.B.99/OO2; U.S. Environmental Protection Agency: Washington.

D.C.

Butts, T. A.; Evans, R. L.; Lin, S. (1975)

Water Quality Features of the

Upper lUinois Waterway;

Re~rt

of Investigations No. 79; Illinois State

Water Survey: Urbana, Illinois.

Chicago.Public Library (2005) 4: The Big Ditch. hup:/lwww.chipublib.orgl

digitallsewersAtistory4.html,

Committee to Assess the Scientific Basis of the TMDL Approach to Water

Pollution Reduction (2001)

Addressing the TMDL Approach to Water

Quality Management:

National Academy Press: Washington, D,C.

Delos. C. (1990)

Metals Criteria Excursions

in

Unspoiled Watersheds;

U.S.

Environmental Protection Agency, Office of Water Regulations and

Standards: Wa.o;hington, D.C.

Macaitis. B.; Povilaitis, S. J.; Cameron, E. B. (1977) Lake Michigan

Diversion-5tream Quality Planning.

Water Resollr. Bull.,

13 (4),

795.

Novotny, Y. (2003)

WATER QUAUTY.: Diffuse Pollution and Watershed

Management;

Wiley

&

Sons:

Hoboken~

New Jersey.

Novotny. Y. (2004) Simplified Data Based TMDLs or the World is Log.

Nonna!.

J.

Environ. Eng.,

130 (6), 674.

Novotny, Y.; Braden, J.; White, D.; Capodaglio, A.; SchOoler, R.; Larson,

R.; Algozin, K. (1997) A

Comprehensive UAA Technical Reference;

Waler Environment Research Foundation: Alexandria, Virginia.

Rankin, E. T. (1995) Habitat Indices in Water Resource Quality Ao;sessment.

In

Biological Assessment and Criteria;

Davis, W.

D.•

Simon, T. P.,

Eds.; Lewis Publishers: Boca Raton, Florida: pp 181-208.

U.S. Environmental Protection Agency (1986)

Quality Criteria for Water

1986; EPA 440/5-86-001; Office of Water: Washington,

D.c.

U.S. Envirornnental Protection Agency (1992) 40 CFR 131 Water Quality

Standards, Establishment of Numeric Criteria for Priority Toxic

Pollutants, States Compliance.

Fed. Regis!.,

57 (246), 60848.

U.S. Environmental Protection Agency (1994)

Water Quality Standards

Handbook,

2nd ed.; EPA-823-B-94.Q05A; Office of Water: Wash-

ington. D.C.

U.S. Envirornnental Protection Agency (1997)

Guidelines for Preparation

of the Comprehensive State Water Quality Assessment (J05(b)

Reports) and Electronic Updates;

Office of Water. Office of Wetlands,

Oceans, and Watersheds: Washington, D.C.

U.S. Environmental Protection Agency (1999) 1999

Update of Ambient

Water

Quality Criteria for Ammonia;

EPA~822-R·99-014;

Office of

Water, Washington. D.C.

U.S. Environmental Protection Agency (2002)

Implementation Guidancefor

Ambient

Waler Quality Criteria for Bacteria:

EPA-823.B.02.003;

Office of Water, Washington. D.C.

Yoder, C. 0.; Rankin, E. T. (2004)

Derivation of Temperature Criteria for

the

Lower Des Plaines River.

An interim report submitted by Midwest

Biodiversity Institute and Center for Applied Bioassessment and

Biocriteria to llIinois Environmental Protection Agency, Springfield,

Ulinois.

Water Environment Research,

Volume

79,

Number 1

---

Section

301.101

301.102

301.103

301.104

301.105

301.106

301.107

301.108

301.200

301.205

301.210

301.215

301.220

301.221

~01.225

301.230

301.231

301.235

301.240

301.245

301.247

301.250.

301.255

301.260

301.265

301.267

301.270

301.275

301.280

301.282

301.285

301.290

301.295

301.300

301.301

301.305

301.307

301.310

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE C: WATER POLLUTION

CHAPTER

I: POLLUTION CONTROL BOARD

PART

301

INTRODUCTION

Authority

Policy

.Repeals

Analytical Testing

References to Other Sections

Incorporations

by Reference

Severability

Adjusted Standards

Definitions

Act

Administrator

Agency

Aquatic Life

Area

of Concern

Artificial Cooling Lake

Basin

Bioaccumulative Chemicals

of Concern .

Board

CWA

Calumet River System

Chicago Area Waterway System

Chicago River System

Combined Sewer

Combined Sewer Service Area

Construction

Conversion Factor

Dilution Ratio

Effluent

Hearing Board

Incidental Contact Recreation

Industrial Wastes

Institute

Interstate Waters

Intrastate Waters

Lake Michigan Lakewide Management Plan

Land Runoff

Lower Des Plaines River

Marine Toilet

---

301.311

301.312

301.313

301.315

301.320

301.323

301.324

301.325

301.330

301.331

301.335

301.340

301.341

301.345

301.346-

301.350

301.355

301.356

301.360

301.365

301.370

301.371

301.372

301.373

301.375

301.380

301.385

301.390

301.395

301.400

301.405

301.410

301.411

301.413

301.415

301.420

301.421

301.425

301.430

301.435

301.440

301.441

301.442

301.443

Method Detection Level

Minimum Level

Metals Translator

Modification

New Source

Non-Contact Recreation

Non-Recreational

NPDES

Other Wastes

Outlier

Person

Pollutant

Pollutant Minimization Program

Population

Equivalent

Preliminary Effluent Limitation

Pretreatment Works

. Primary Contact

Projected Effluent Quality

Public and Food Processing Water Supply

Publicly Owned Treatment Works

Publicly Regulated Treatment Works

Quantification Level

Reasonable Potential Analysis

Same Body

ofWater

Sanitary Sewer

Secondary Contact

Sewage

Sewer

Sludge

Standard

of Performance

STORET

Storm Sewer

Total Maximum Daily Load

Total Metal

Treatment Works

Underground Waters

Wasteload Allocation

Wastewater

Wastewater Source

Watercraft

Waters

Water Quality Based Effluent Limitation

Wet Weather Point Source

Whole Effluent Toxicity

---

APPENDIX A

References to Previous Rules

AUTHORITY: Implementing Section

13 and authorized by Section 27 ofthe

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

SOURCE: Filed with the Secretary

of State January 1, 1978; amended at 3 Ill. Reg. 25, p.

190, effective June 21, 1979; amended at 5 Ill. Reg. 6384, effective May 28, 1981;

codified at 6 Ill. Reg. 7818; amended in R88-1 at

13 Ill. Reg. 5984, effective April 18,

'1989; amended

in R88-21 (A) at 14 Ill. Reg. 2879, effective February 13, 1990; amended

in R99-8 at 23 Ill. Reg. 11277, effective August

26,1999; amended in R02-11 at 27 Ill.

Reg. 158, effective December 20, 2002; amended at in R08-

__at

Ill. Reg.

__, effective

_

Section 301.247

.

Chicago Area Waterway System

"Chicago

Area Waterway System" means Calumet River, Grand Calumet River, Little

Calumet River downstream from the confluence

of Calumet River and Grand Calumet

River, Calumet-Sag

Channel, Lake Calumet, Chicago River and its branches downstream

from their confluence with North Shore Channel, NorthShore Channel

and Chicago

Sanitary and Ship Canal.

(Source: Added at

__Ill. Reg.__, effective

-')

Section 301.282

Incidental Contact Recreation

"Incidental Contact Recreation" means any recreational activity in which human contact

with the water is incidenta1.and in which the probability ofingesting appreciable

quantities

ofwater is minimal, such as fishing; commercial boating; small craft

recreational boating; and any limited contact associated with shoreline activity such as

wading.

(Source: Added at

_~Ill.

Reg.__:, effective

~

Section 301.307

Lower Des Plaines River

"Lower Des Plaines River" means Des Plaines River from its confluence with Chicago

Sanitary and Ship Canal to the Interstate

55 bridge.

(Source: Added at

__

. Ill. Reg.__, effective

Section 301.323

Non-Contact Recreation

"Non-Contact Recreation" means any recreational

or other water use in which human

contact with the water is unlikely, such

as pass through commercial or recreational

---

navigation, and where physical conditions or hydrologic modifications make direct

human contactunlikely or dangerous.

.

(Source: Added at __Ill. Reg.__, effective

~---')

Section 301.324

N

on-Recreational

. "Non-Recreational" means a water body where the physical conditions or hydrologic

modifications preclude primary contact, incidental contact and non-contract recreation.

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE C:

WATER POLLUTION

CHAPTER I: POLLUTION CONTROL BOARD

PART 302

WATER QUALITY STANDARDS

SUBPART A: GENERAL

WATER QUALITY PROVISIONS

Section

302.100

302.101

302.102

302.103

302.104

302.105

Section

302.201

302.202

302.203

302.204

302.205

302.206

302.207

302.208

302.209

302.210

302.211

302.212

302.213

Definitions

Scope and Applicability

Allowed Mixing, Mixing Zones and ZIDs

Stream Flows

Main River

.Temperatures

Antidegradation

SUBPART B: GENERAL USE

WATER QUALITY STANDARDS

Scope and Applicability

Purpose

Offensive Conditions

pH

Phosphorus

Dissolved Oxygen

Radioactivity

Numeric Standards for Chemical Constituents

Fecal Coliform

Other Toxic Substances

Temperature

Total Ammonia Nitrogen

Effluent Modified Waters (Ammonia)(Repealed)

---

SUBPART C: PUBLIC AND FOOD PROCESSING WATER SUPPLY STANDARDS

Section

302.301

302.302

302.303

302.304

302.305

302.306

302.J;!07

Scope and Applicability

Algicide Permits

Finished Water Standards

Chemical Constituents

Other Contaminants

Fecal Coliform

Radium 226 and 228

SUBPART D: CHICAGO AREA

WATERWAY SYSTEM AND LOWER DES

PLAINESRNER WATER QUALITY SECONDARY CONTACT AND

INDIGENOUS AQUATIC LIFE STANDARDS

Section

302.401

302.402

302.403

302.404

302.405

302.406

302.407

302.408

302.409

302.410

302.412

Scope and Applicability

Purpose

Unnatural.Sludge

pH

Dissolved Oxygen

Fecal Coliform (Repealed)

Chemical Constituents

Temperature

Cyanide (Repealed)

Substances

Toxic to Aquatic Life

Total Ammonia Nitrogen

SUBPART E: LAKE MICIDGAN

BASIN

WATE~

QUALITY STANDARDS

Section

302.501

302.502

302.503

302.504

302.505

302.506

302.507

302.508

302.509

302.510

302.515

302.520

Scope, Applicability, and Definitions

Dissolved Oxygen

pH

Chemical Constituents

Fecal Coliform

Temperature

Thermal Standards for Existing Sources

on January 1,.1971

Thermal Standards for Sources Under Construction But

Not In Operation

on January 1, 1971

Other Sources

Incorporations

by Reference

Offensive Conditions

Regulation and Designation

of Bioaccumulative ChemicalsofConcem

(BCCs)

---

302.521

302.525

302.530

302.535

302.540

302.545

302.550

302.553

302.555

302.560

302.563

302.565

302.570

302.575

302.580

302.585

302.590

"

302.595

Supplemental Antidegradation Provisions for Bioaccumulative Chemicals

of Concern (BCCs)

Radioactivity

Supplemental Mixing Provisions for Bioaccumulative Chemicals

of

Concern (BCCs)

Ammonia Nitrogen

Other Toxic Substances

Data Requirements

Analytical Testing

Determining the Lake Michigan Aquatic Toxicity Criteria

or Values .,.

General Procedures

Determining the Tier I Lake Michigan Acute Aquatic Toxicity Criterion

(LMAATC): Independent

of Water Chemistry

Determining the Tier I Lake Michigan

Basin Acute Aquatic Life Toxicity

Criterion (LMAATC): Dependent on Water Chemistry

Determining the Tier II Lake Michigan Basin Acute Aquatic Life Toxicity

Value (LMAATV)

Determining the Lake Michigan Basin Chronic Aquatic Life Toxicity

Criterion (LMCATC)

orthe Lake Michigan Basin Chronic Aquatic Life

Toxicity Value (LMCATV)

Procedures for Deriving Bioaccumulation Factors for the Lake Michigan

Basin

Procedures for Deriving Tier I Water Quality Criteria and Values in the

Lake Michigan Basin to Protect Wildlife .

Procedures for Deriving Water Quality Criteria and Values in the Lake

Michigan Basin to Protect Human Health - General

""

Procedures for Determining the Lake Michigan Basin Human Health

Threshold Criterion (LMHHTC) and the Lake Michigan Basin Human

Health Threshold Value (LMHHTV)

Procedures for Determining the Lake Michigan Basin

Human Health

Nonthreshold Criterion (LMHHNC) or

the~ake

Michigan Basin Human

Health Nonthreshold Value (LMHHNV)

Listing ofBioaccumulative Chemicals of Concern, Derived Criteria and

Values

SUBPART F: PROCEDURES

FOR DETERMINING WATER QUALITY CRITERIA

Section

302.601

302.603

302.604

302.606

302.612

302.615

Scope and Applicability

Definitions

Mathematical Abbreviations

Data Requirements

Determining the Acute Aquatic Toxicity Criterion for an Individual

Substance - General Procedures

Determining the Acute Aquatic Toxicity Criterion - Toxicity Independent

of Water Chemistry

---

302.618

302.621

302.627

302.630

302.633

302.642

302.645

302.648

302.651

302.654

302.657

302.658

302.660

302.663

302.666

302.669

Determiningthe Acute Aquatic Toxicity Criterion - Toxicity Dependent

on Water Chemistry

Determining the Acute Aquatic Toxicity Criterion - Procedure for

Combinations

of Substances

Determining the Chronic Aquatic Toxicity Criterion for

'all

Individual

Substance - General Procedures

Determining the Chronic Aquatic Toxicity Criterion - Procedure for

Combinations of Substances

The Wild and Domestic Animal Protection Criterion

The Human Threshold Criterion

Determining the Acceptable Daily Intake

Determining the Human Threshold Criterion

The Human Nonthreshold Criterion

Determining the Risk Associated Intake

Determining the Human Nonthreshold Criterion

Stream Flow for Application

ofHuman Nonthreshold Criterion

Bioconcentration Factor

Determination ofBioconcentration Factor

Utilizing the Bioconcentration Factor

Listing

ofDerived Criteria

APPENDIX A

APPENDIXB

APPENDIXC

TABLE A

TABLEB

TABLEC

References to Previous Rules

Sources of Codified.Sections

Maximum total ammonia nitrogen concentrations allowable for

certain combinations ofpH and temperature

pH-Dependent Values ofthe AS (Acute Standard)

Temperature and pH-Dependent Values of the CS (Chronic

Standard) for Fish Early Life Stages Absent

Temperature and pH-Dependent Values ofthe CS (Chronic

Standard) for Fish Early Life Stages Present

. AUTHORITY: Implementing Section 13 and authorized by Sections 11 (b) and 27 ofthe

Environmental Protection Act [415 ILCS 5/13, 11(b), and 27]

SOURCE: Filed with the Secretary of State January 1, 1978; amended at 2 Ill. Reg. 44,

p. 151, effective November 2, 1978; amended at 3 Ill. Reg. 20, p. 95, effective May 17,

1979; amended at 3 Ill. Reg. 25, p. 190, effective June 21, 1979; codified at 6 Ill. Reg.

7818; amended at 6 Ill. Reg. 11161, effective September 7, 1982; amended at 6 Ill. Reg.

13750, effective October 26, 1982; amended at 8 Ill. Reg. 1629, effective January 18,

1984; peremptory amendments at 10.Ill. Reg. 461, effective December 23, 1985;

amended at R87-27 at

12 Ill. Reg. 9911, effective May 27, 1988; amended at R85-29 at

12 Ill. Reg. 12082, effective July 11, 1988; amended

in

R88-1 at 13 Ill. Reg. 5998,

effective Apri118, 1989; amended in R88-21(A) at 14 Ill. Reg. 2899, effective February

13, 1990; amended in R88-21(B) at

14 Ill. Reg. 11974, effective July 9, 1990; amended

in R94-1(A) at 20 Ill. Reg. 7682,effective May 24, 1996; amended in R94-1(B) at 21 Ill.

Reg. 370, effective December 23, 1996; expedited correction at 21 Ill. Reg. 6273,

---

effective December 23, 1996; amended in R97-25 at 22 Ill. Reg. 1356, effective

December 24, 1997; amended in R99-8 at 23 Ill. Reg. 11249, effective August 26, 1999;

amended in ROl-13 at 26 Ill. Reg. 3505, effective February 22,2002; amended in R02-19

at 26 Ill. Reg. 16931, effective November 8, 2002; amended in R02-11 at 27

Ill.

Reg.

166, effective December 20,2002; amended in R04-21 at 30 Ill. Reg. 4919, effective

March

1, 2006; amended at in R08-__at __Ill. Reg.

,.effective

SUBPART A:

GENERAL WATER QUALITY PROVISIONS

Section 302.101

Scope and Applicability

a)

This Part contains schedules

ofwater quality standards which are

.. applicable throughout the State as designated in 35 Ill. Adm. Code 303.

Site specific water quality standards are found wit;h the water use

designations in 35 Ill. Adm. Code 303.

b)

Subpart B contains general use water quality standards which must be met

in waters

of the State for which there is no specific designation (35 Ill.

Adm. Code 303.201).

c)

Subpart C contains the public and food processing water supply standards.

. These are cumulative with Subpart B and. must be met by all designated

. waters at the point at which water is drawn for treatment and distribution

as a potable supply or for food processing (35 Ill. Adm. Code 303.202).

d)

Subpart D contains the Chicago Area Waterway System and the Lower

Des Plaines River water quality secondary contact and indigenous aquatic

life standards. These standards must be met only by

certa~n

waters

designated in 35 ill. Adm. Code 303.204, 303.220, 303.225,303.227,

303.230, 303.235 and 303.237 303.441.

e)

Subpart E contains the Lake Michigan Basin water quality standards.

These must be met in the waters

ofthe Lake Michigan Basin as designated

in 35 Ill. Adm. Code 303.443.

f)

Subpart F contains the procedures for detennining each of the criteria

designated in Section§ 302.21

o

and 302.410.

g)

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

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

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

Ill. Adm. Code 309.101.

(Source: Amended at

__Ill. Reg.

, effective

---J)

---

Section 302.102

Allowed Mixing, Mixing Zones and ZIDs

a)

Whenever a water quality standard is more restrictive than its

corresponding effluent standard, or where there is no corresponding

effluent standard specified at

35 Ill. Adm. Code 304, an opportunity shall

. be allowed for compliance with 35 Ill. Adm. Code 304.105 by mixture of

an effluent with its receiving waters, provided the discharger has made

every effort to comply with the requirements of 35 Ill. Adm. Code

. 304.102.

b)

The portion, volume and area

of any receiving waters within which mixing

is allowed pursuant to subsection (a) shall be limited by the following:

1)

Mixing must be confined in

.an

area or volume ofthe receiving

water no larger than the area or volume which would result after

incorporation

of outfall design measures to attain optimal mixing

efficiency

of effluent and receiving waters. Such measures may

include, but are not limited to, use

of diffusers .and engineered

location and configuration

of discharge points.

2)

Mixing is not allowed in waters which include a tributary stream

entrance

if such mixing occludes the tributary mouth or otherwise

restricts the movement

of aquatic life into or out of the tributary.

3)

Mixing is not allowed in water adjacent to bathing beaches, bank

fishing areas, boat tamps or dockages

or any other public access

area.

4)

Mixing is

not allowed in waters containing mussel beds,

endangered species habitat, fish spawning areas, areas

of important

aquatic life habitat, or any other natural features vital to the well

being

of aquatic life in such a manner that the maintenance of .

aquatic life in the body ofwater as a whole would be adversely

affected.

5)

Mixing is not allowed in waters which contain intake structures

of

public or food processingwater supplies, points ofwithdrawal of

water for irrigation, or watering areas accessed by wild or domestic

animals.

.

6)

Mixing must allow for a zone ofpassage for aquatic life in which

water quality standards are met.

7)

The area and volume in which mixing occurs, alone or in

combination with other areas and volumes

ofmixing, must not

( intersect any area

of any body of water in such a manner that the

---

maintenance of aquatic life in the body ofwater as a whole would

be adversely affected.

8)

The area and volumein which mixing occurs, alone or in

combination with other areas and volumes

ofmixing must not

contain more than 25%

ofthe cross-sectional area or volume of

flow of a stream except for those streams where the dilution ratio is

less than 3:1. Mixing is not allowed in receiving waters which

have a zero minimum seven day low flow which occurs once

in ten

years.

9)

No mixing is allowed where the water quality standard for the

constituent in question is already violated in the receiving water.

10)

No body

ofwater may be used totaHy for mixing of single outfall

or combination

of outfalls.

11)

Single sources

of effluents which have more than one outfall shall

be limited to a total area and volume

ofmixing no larger than that

allowable

if a single outfall were used.

12)

The area and volume in which mixing occurs must be as small

as is

practicable under the limitations prescribed

in

this subsection, and

in no circumstances may the mixing encompass a surface area

larger than

26 acres.

c)

All water qualitystandards ofthis Part must be met at every point outside

ofthe area and volume of the receiving water within which mixing is

allowed. The acute toxicity standards

ofthis Part Sections 302.208 and

302.210 must

be met within the area and volume within which mixing is

allowed, except

as provided in subsection (e).

d)

Pursuant to the procedures of Section 39 ofthe Act and 35 Ill. Adm.

Code 309, a person may apply to the Agency to include as a condition in

an NPDES permit formal definition

ofthearea and volume ofthe waters

ofthe State within which mixing is allowed for the NPDES discharge in

question. Such formally defined area and volume

of allowedmixing shall

constitute a "mixing zone" for the purposes

of35 Ill. Adm. Code:

Subtitle

C. Upon proofby the applicant that a proposed mixing zone

conforms with the requirements

of Section 39 ofthe Act, this Section and

any additional limitations as may

be imposed by the Clean Water Act

(CWA) (33U.S.C

1251 et seq.), the Act or Board regulations, the Agency

shall, pursuant to Section 39(b)

ofthe Act, include within the NPDES

permit a condition defining the mixing zone.

---

e)

Pursuant to the procedures ofSection 39 ofthe Act and 35 Ill. Adm.

Code 309, a person may apply to the Agency to include as a condition in

an NPDES permit a

zm

as a component portion of a mixing zone. Such

ZID shall, at a minimum, be limited to waters within which effluent

dispersion is immediate and rapid. For the purposes

ofthis subsection,

"immediate" dispersion means an effluent'smerging with receiving waters

without delay in time after its discharge and within close proximity

ofthe

end ofthe discharge pipe, so asto minimizethe length of exposure time of

aquatic life to undiluted effluent, and "rapid" dispersion means an

effluent'smerging with receiving waters so

as to minimize the length of

exposure time ofaquatic life to undiluted effluent. Uponproofby the

applicant that a proppsed

zm

conforms with the requirements of Section

39

ofthe Act and this Section, the Agency shall, pursuant to Section 39(b)

of the Act, include within the NPDES permit a condition defining the

zm.

f)

Pursuant to Section 39 ofthe Act and 35 Ill. Adm. Code 309.103, an

applicant for an NPDES permit

shallsubmit data to allow the Agency to

determine that the nature

ofany mixing zone or mixing zone in

combination with a

zm

conforms with the requirements of Section 39 of

the Act and ofthis Section. A permittee may appeal Agency

determinations concerning a mixing zone or

zm

pursuant to the

procedures

of Section 40 ofthe Act and 35 Ill. Adm. Code 309.181.

g)

Where a mixing zone is defined in an NPDES permit, the waters within

that mixing zone, for the duration

ofthat NPDES permit, shall constitute

the sole waters within which mixing is allowed for the permitted

discharge.

It

shall not be a defense in any action brought pursuant to 35

Ill. Adm. Code 304.105 that the area and volume ofwaters within which

mixing

may be allowed pursuant to subsection (b) is less restrictive than

the area or volume or waters encompassed in the mixing zone.

h)

Where a mixing zone is explicitly denied in a NPDES permit, no waters

may

be used for mixing by the discharge to which the NPDES permit

applies, all other provisions

ofthis Section notwithstanding.

i)

Where an NPDES permit is silent on the matter

of a mixing zone, or

where no NPDES permit is in effect, the burden

of proofshall be on the

discharger to demonstrate compliance with this Section in any action

brought pursuant to 35 Ill. Adm. Code 304.105.

(Source: Amended at

__Ill. Reg. __, effective

----')

SUBPART D: CHICAGO AREA WATERWAY SYSTEM AND LOWER DES

PLAINES

RIVER WATER QUALITY SECONDARY CONTACT }...ND

INDIGENOUS AQUATIC LIFE STANDARDS

---

Section 302.401

Scope and Applicability

Subpart D contains the Chicago Area Waterway System and Lower Des Plaines River

water quality secondary contact and indigenous aquatic life standards. These must be

met only by certain waters specifically designated in Part 303. The Subpart B general use

and Subpart C public water supply standards of this Part do not apply to waters described

in 35 Ill. Adm. Code 303.204 and listed in 35 Ill. Adm. Code 303.220 through 303.237 as

the Chicago Area Waterway System or Lower Des Plaines River designated for

secondary contact and indigenous aquatic life (Section

303.204).

Section 302.402

Purpose

The Chicago Area Waterway System and Lower Des Plaines River standards shall

. protect incidental contact or non-contactrecreational uses, except where designated as

non-recreational waters; commercial activity, including navigation and industrial water

supply

uses; and the highest quality aquatic life and wildlife that is attainable, limited

only by the physical condition ofthese waters and hydrologic modifications to these

waters. The numeric and narrative standards contained in this Part will assure the

protection

of the aquatic life and recreational uses of the Chicago Area Waterway System

and Lower Des Plaines River asthose Uses are defined in 35 Ill. Adm. Code Part 301 and

designated in 35 Ill..Adm. Code Part 303. Secondary contact and indigenous aquatic life

standards are intended for those waters not

suited fur general use activities but which will

be appropriate for all secondary contact uses and '.vhichwill be capable of supporting an

indigenous aquatic life limited only by the physical configuration of the body ofwater,

characteristics and origin

ofthe water and the presence of contaminants in amounts that

do not e*ceed the

water quality standards listed in Subpart D.

(Source: Amended at __

.

Ill.

Reg. __, effective

--,-

---1)

Section 302.404

pH

pH (STORET number 00400) shall be within the range of6.5

&:.G

to 9.0 except for natural

causes.

(Source: Amended at

__Ill. Reg. __, effective

--'----')

Section 302.405

Dissolved Oxygen

Dissolved oxygen (STORET

nmnber 00300) concentrations shall not be less than the

applicable values in subsections (a), (b) and (c) of this Section 4.0 mwl at

any

time

8*cept that the Calumet Sag Char..nel shall not be less than 3.0 mw1 at any time.

a)

For the Upper DresdenIsland Pool Aquatic Life Use waters listed in

Section 303.237,

1)

,

during the period of March through July:

---

A)

6.0 mg/l as a daily mean averaged over 7 days, and

B)

5.0 mg/l at any time; and

2)

during the period of August through February:

A)

5.5 fig/l as a daily mean averaged over 30 days,

B)

4.0 mg/l as a daily minimum averaged over 7 days, and

C)

3.5 mg/l at any time.

b)

For the Chicago Area Waterway System Aquatic Life Use A waters listed

in Section 303.230,

1)

during the period ofMarch through July, 5.0 mg/l at any time; and

2)

during the period

ofAugust through February:

A)

4.0 mg/l

as a daily minimum averaged over 7 days, and

B)

3.5 mg/l at any time.

c)

For the Chicago Area Waterway System'andBrandon Pool Aquatic Life

Use B waters listed in Section 303.235,'

1)

4.0 mg/l as a daily minimum averaged over 7 days, and

2)

3.5mg/l at any time.

d)

Assessing attainment of dissolved oxygen minimum values.

1)

Daily mean is the arithmetic mean of dissolved oxygen values

measured in a single 24-hour calendar

day.

2) .

Daily minimum is the minimum dissolved oxygen value

measured in a single 24-hour calendar

day.

3)

The measurements of dissolved oxygen used to determine

attainrnentor lack

of attainment with any ofthe dissolved oxygen

standards

in

this Section must assure daily minima and daily means

that

representthe true daily minima and daily means.

---

4)

The dissolved oxygen values used in calculating or detennining

any daily mean or daily minimum should not exceed the air-

equilibrated value.

(Source: Amended at

__Ill. Reg. __, effective

-----)

Section 302.407

Chemical Constituents

a)

The acute standard (AS) for the chemical constituents listed in subsection

(e) shall not be exceeded at any time except

as provided in subsection (d).

b)

The chronic standard (CS) for the chemical constituents listed in

subsection (e) shall not be exceeded

by the arithmetic average of at least

four consecutive samples collected over any period

of at least four days,

exceptas provided in subsection (d). The samples used to demonstrate

attainment

or lack of attainment with a CS must be collected in a manner

that assures an average representative

of the sampling period. For the

metals that have water quality based standards dependent upon hardness,

the chronic water quality standard will

be calculated according to

subsection (e) using the hardness

of the water body at the time the metals

sample was collected..

To calculate attainment status ofchronic metals

standards, the concentration

ofthe metal in each sample is divided by the

calculated water quality standard for the sample to detennine a quotient.

The water qualitystaridard is attained

ifthe mean of the sample quotients

is less than or equal to one for the duration

ofthe averaging period.

c)

The human health standard (HHS) for the chemical constituents listed in

subsection

(D

shall not be exceeded when the stream flow is at or above

the harmonic mean flow pursuant to Section 302.658 nor shall an annual

average, based on at least eight samples, collected in a mannet

representativeofthe sampling period, exceed the HHS except as provided

in subsection (d).

d)

In waters where mixing is allowed pursuant to Section 302.102 ofthis

Part, the following apply:

1)

The AS shall not be exceeded in any waters except for those waters

for which a zone

of initial dilution

(2ID)

applies pursuant to

Section 302.102

ofthis Part.

2)

The CS shall not be exceeded outside ofwaters in which mixing is

allowed pursuant to Section 302.102

ofthis Part.

3)

The HHS shall not be exceeded outside

ofwaters in which mixing

is allowed pursuant

to Section 302.102 ofthis Part.

---

e)

Numeric Water Quality Standards for the Protection ofAquatic Organisms

AS

CS

Constituent

(!lglL)

(!lglL)

Arsenic

340 X 1.0*=340

150 X 1.0*=150

(trivalent, dissolved)

Benzene

4200

860

Cadmium

exp[A+Bln(H)]

X

exp[A+Bln(H)] X {1.101672-

(dissolved)

{I.138672-

[(lnH)(0.041838)])*, where

[(lnH)(0.041838)])*, where

A= -3.490 and B=0.7852

A=-2.918 and B=1.128

Chromium

16

II

(hexavalent, total)

ChromIum (trivalent,

exp[A+Bln(H)] X 0.316*,

exp[A+Bln(H)] X 0.860*,.

dissolved)

where A=3.7256 and

where A=0.6848 and

B=0.8190

B=0.8190

Copper

exp[A+Bln(H)] X 0.960*,

exp[A+Bln(H)] X 0.960*.

(dissolved)

where A=-1.645 and

where A=-1.646 and

B=0.9422

B=0.8545

Cyanide**

22

5.2

Ethylbenzene

150

14

Lead

exp[A-t-Bln(H)] X {1.46203-

exp[A+Bln(H)]

X {1.46203-

(dissolved)

[(lnH)(O. 145712)]}*,

[(lnH)(0.145712)]} *,

where A=-1.301 and

whereA=-2.863 and

B=1.273

B=1.273

Mercury (dissolved)

1.4 X 0.85*=1.2

0.77X 0.85*=0.65

Nickel (dissolved)

exp[A+Bln(H)] X 0.998*,

exp[A+Bln(H)] X 0.997*,

where A=0.5173 and

where A=-2.286 and

B=0.8460

B=0.8460

Toluene

2000

600

TRC

19

11

Xylene(s)

920

360

Zinc (dissolved)

exp[A+Bln(H)] X 0.978*,

exp[A+Bln(H)] X 0.986*,

where A=0.9035 and

where A=-0.8165 and

B=0.8473

B=0.8473

where:

!lglL = microgram per liter,

exp[x] = base natural logarithms raised to the x- power,

In(H) = natural logarithm

ofHardness in milligrams per liter,

, * = conversion factor multiplier for dissolved metals, and

** = sample may

be in the available or weak acid dissociable (WAD) forms

---

.f)

Numeric Water Quality Standard for the Protection of Human Health

Constituent

HHS in micrograms

per liter (Ilg/L)

Benzene

310

Mercury

0.012

g)

Numeric Water Quality Standards for other chemical constituents

Concentrations

ofthe following chemical constituents shall not be exceeded except in

waters for which mixing is allowed pursuant to Section 302.102

ofthis Part.

Constituent

Unit

Standard

Chloride

mg/L

500

Iron (dissolved)

mg/L

1.0

Selenium (total)

mg/L

1.0

Silver (dissolved)

ML1

exp[A+Bln(H)l X 0.85*, where

A=-6.52 and B=1.72

Sulfate (where H is

2:

100 but

mg/L

[1276.7+5.508(H)-1.457(C)1 X

<

500 and C is> 25 but

<

500)

0.65

Sulfate (where H

is

>

100 but

mg/L

[-57.478

+

5.79(H) + 54.163(C)1

<

500 and C is> 5 but

<

25)

X 0.65

Sulfate (where H

>

500 and C

>

5)

mg/L

2,000

where:

mg/L = milligram per liter,

ug/L = microgram

per liter,

H = Hardness concentration

ofreceiving water in mg/L as CaC03.,:

C = Chloride concentration

of receiving waterin mg/L,

exp[xl = base natural logarithms raised to the x-power,

InCH) = natural logarithm of Hardness in milligrams per liter, and

* = conversion factor multiplier for dissolved metals

Concentrations

of other chemical constituents shall not exceed the follo',ving standards:

I

CON:CENTRATION

---

CONSTITUENTS

NUMBER

.. (mw

L)

Ammonia

Un

ionized (as N*)

~

.4+

Arsenic (total)

~

-h{)

Barium (total)

9-l-OOf

~

Cadmium (total)

~

~

Chromium (total h8*avalent)

01032

..(h3.

Chromium (total trivalent)

01033

-h{)

Copper (total)

01042

-h{)

Cyanide (total)

00720

-G:-W

Fluoride (total)

00951

~

kon (total)

01045

~

kon (dissolved)

01046

~

Lead (total)

.

01051

4+

Manganese (total)

01055

-h{)

Mercury (total)

71900

0.0005

Nickel (total)

01067

-h{)

Oil, fats and grease

00550,00556

15.0**

or00560

Phenols

32730

..(h3.

Selenium (total)

01147

-h{)

8il¥er

01077

---hf.

.- .

Zinc (total)

01092

-h{)

Total Dissolved Solids

70300

---l-W9

*For purposes ofthis section the concentration ofun ionized ammonia shall be computed

according to the

fullowing equation:

U

N

...

¥here:

[0.94412(1 -t 10*) -t 0.0559]

X 0.09018

-t 2729.92

pH

(T =1= 273.16)

U Concentration

ofun ionized ammonia as N inmwL

---

N Concentration of ammonia nitrogen as N in mgIL

T Temperature in degrees Celsius

**Oil shall be analytically separated into polar and non polar components if the total

concentration exceeds 15 mg/L.

In

no case shall either ofthe components exceed 15

mg/LEi.e., 15 mg/L polar materials and 15 mgIL non polar materials).

(Source: Amended at

__Ill. Reg. __, effective

--1)

Section 302.408

Temperature

a)

Water temperature shall not exceed the maximum limits in the applicable

table that follows during more than two percent

of the hours in the 12-

month period ending with any month. Moreover, at no time shall the

water temperature at such locations exceed the maximum limits in the

applicable table that follows

by more than 2° C (3.6° F).

b)

Water temperature in the Chicago Area Waterway System Aquatic Life

Use A waters listed in 35 Ill. Adm. Code 303.230 shall not exceed the

period average limits

in the following table during any period on an

average basis.

Period

Daily

Average

Maximum

Months - dates

COF)

COF)

January 1-31

54.3

88.7

February 1-28

53.6

88.7

March

1-31

57.2

88.7

Aprin-15

60.8

88.7

April 16-30

62.1

88.7

May 1-15

69.2

88.7

May 16-31

71.4

88.7

June 1-15

74.2

88.7

June 16-30

85.1

88.7

July

1-31

85.1

88.7

August

1-31

85.1

88.7

September 1-15

85.1

88.7

September 16-30

77.0

88.7

October 1-15

73.2'

88.7

October 16-31

69.6

88.7

November 1-30

66.2

88.7

December 1-31

59.9

88.7

c)

Water temperature in the Chicago Area Waterway System and Brandon

Pool Aquatic Life

Use B waters listed in 303.325, shall not exceed the

---

period average limits in the following table during any period on an

average basis.

Period

Daily

Average

Maximum

Months - dates

COF)

.(OF)

January 1-31

54.3

90.3

February 1-28

53.6

90.3

March 1-31

57.2

90.3

April

1.;15

60.8

90.3

April 16-30

62.1

90.3

May 1-15

69.2

90.3

May 16-31

71.4

90.3

June 1-15

74.2

90.3

June 16-30

86.7

90.3

July 1-31

86.7

90.3

August 1-31

86.7

90.3

September 1-15

86.7

90.3

September 16-30

77.0

90.3

October 1-15

73.2

90.3

October 16-31

69.6

90.3

November 1-30

66.2

90.3

December 1-31

59.9

90.3

d)

Water temperature for the Upper Dresden Island Pool, as defined in 35 Ill.

Adm. Code 303.237, shall not exceed the period average limits in the

following table during any period on an average basis.

Period

Daily

Average

Maximum

MonthsJanuary-1-31dates

54.3

COF)

88.7

rn

February 1-28

53.6

88.7

March 1-31

57.2

88.7

April 1-15

60.8

88.7

April 16-30

62.1

88.7

May 1-15

69.2

88.7

May 16-31

71.4

88.7

June 1-15

74.2

88.7

June 16-30

85.1

88.7

Julyl-31

85.1

88.7

August 1-31

85.1

88.7

September 1-15

85.1

88.7

September 16-30

77.0

88.7

October 1-15

73.2

88.7

---

October 16-31

69.6

88.7

November 1-30

66.2

88.7

December 1-31

59.9

88.7

Temperature (8TORET number

(6 F) 00011 and (6 C) 00010) shall not exceed

346~6

F) more than 5% ofthe time, or 37.8

6

C (100

6

F) at any time.

(Source: Amended at

__Ill. Reg.

, effective

__-'---

-J)

Section 302.409

Cyanide (Repealed)

Cyanide (total) shall not exceed 0.10 mg/l

(Source: Repealed at

_-,--Ill.

Reg. __, effective --'----'--__

~---~)

Section 302.410

Substances Toxic

to Aquatic Life

Any substance or combination of substances toxic to aquatic life not listed in Section

302.407 shall

not be present in amountstoxic to aquatic life or wildlife exceed one half of

the 96 hour median tolerance limit (96 hour TLm-) fur native fish or essential fish fuod

orgamsms.

a)

Any substance or combination of substances shall be deemed to be toxic

or harmful to aquatic life ifpresent in concentrations that exceed the

following:

1)

An Acute Aquatic Toxicity Criterion (AATC) validly derived and

correctly applied pursuant to procedures set forth

in Sections

302.612 through 302.618

or in Section 302.621; or

2)

A Chronic Aquatic Toxicity Criterion (CATC) validly derived and

correctly applied pursuant to procedures set forth

in Sections

302.627 or 302.630.

b)

Any substance or combination of substances shall be deemed to be toxic

or harmful to wild or domestic animal life ifpresent in concentrations that

exceed any Wild and Domestic Animal Protection Criterion (WDAPC)

validly derived and correctly applied pursuant to Section 302.633.

c)

The most stringent criterion

of subsections (a) and (b) shall apply at all

points outside

of any waters within which, mixing is allowed pursuant to

Section 302.102. In addition, the AATC derived pursuant to subsection

(a)(l) shall apply in all waters except that it shall not apply within a ZID

that is prescribed

in accordance with Section 302.102.

"

---

d)

The procedures of Subpart F set forth minimum data requirements,

appropriate test protocols and data assessment methods for establishing

criteria pursuant to subsections

Ca) and (b)..No other procedures may be

used to establish such criteria unless approved by the Board in a

rulemaking

or adjusted standard proceeding pursuant to Title VII of the

Act. The validity and applicability of the Subpart F procedures may not

be challenged in any proceeding brought pursuant to Titles VIII or X of

the Act, although the validity and correctness ofapplication ofthe numeric

criteria derived pursuant to Subpart F may be challenged in such

proceedings pursuant to subsection (e).

e)

Agency derived criteria may be challenged as follows:

i)

A permittee may challenge the validity and correctness of

application ofa criterion derived by the Agency pursuant to this

Section only at the time such criterion is first applied in an NPDES

permit pursuant to 35 Ill. Adm. Code 309.152 or"in an action

pursuant to Title VIII

ofthe Act for violation ofthe toxicity water

quality standard. Failure of a person to challenge the validity ofa

criterion at the time of its first application shall constitute a waiver

of such challenge in any subsequent proceeding involving

application ofthe criterion to that person.

2) .

Consistent with subsection (e)(1), ifa criterion is included as, or is

used to derive, a condition of an NPDES discharge permit, a

permittee may challenge the criterion in a permit appeal pursuant

to Section40 of the Act and 35 Ill. Adm. Code 309.181. In any

such action, the Agency shall include in the record all information

upon which it has relied in developing and applying the criterion,

whether such information was developed by the Agency or

submitted by the Petitioner. THE BURDEN OF PROOF SHALL

BE

ON THE PETITIONER TO DEMONSTRATE THAT THE

CRITERION-BASED CONDITION IS NOT NECESSARY TO

ACCOMPLISH THE PURPOSES OF SUBSECTION (a) (Section

40(a)(1)

ofthe Act), but there is no presumption in favor ofthe

general validity and correctness of the application ofthe criterion

as reflected in the challenged condition.

3)

Consistent with subsection (e)(l), in an action where alleged

violation

of the toxicity water quality standard is based on alleged

excursion of a criterion, the person bringing such action shall have

the burdens of going forward with proofand ofpersuasion

regarding the general validity and correctness

ofapplication ofthe

criterion.

---

f)

Subsections (a) through (d) do not applyto USEPA registered pesticides

approved for aquatic application and applied pursuant to the following

conditions:

1)

Application shall be made in strict accordance with label

directions;

2)

Applicator shall be properly certified under the provisions

ofthe

Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 135

et seq. (1972));

.

3)

Applications ofaquatic pesticides must be in accordance with the

laws, regulations and guidelines

of all state and federal agencies

authorized

by law to regUlate, use or supervise pesticide

applications.

(Source: Amended at

__

Ill.

Reg. _--" effective

)

Section 302.412

Total Ammonia Nitrogen

a)

Total ammonia nitrogen must in no case exceed

15 mg/L.

b)

The total ammonianitrogen acute, chronic, and sub-chronic standards are

determined

by the equations given in subsections (b)(1) and (b)(2) ofthis

Section. Attainment of each standard must be detennined by subsections

(c) and (d)

ofthis Section in mg/L.

1)

.. The acute standard (AS) is calculated using the following equation:

AS

=

0.411

+

1

+

107.204-pH

58.4

1

+

10pH-7.204 .

2)

The chronic standard (CS) is calculated using the following

equations:

A)

During the Early Life Stage Present period, as defined in

subsection

(e)

oftms Section:

i)

When water temperature is less than or equal to

14.51°C:

CS

={ 0.0577

+

2.487

}(2.85)

1

+

107.688-pH

1

+

lOpH-7.688

ii)

When water temperature is above 14.51°C:

---

CS ={ 0.0577

+

2.487

}(l.45 *100.028*(25-T»)

1+ 107.688-

PH

1+

lOPH-7.688

Where T

=

Water Temperature, degrees Celsius

B)

During the Early Life Stage Absent period, as defined in

subsection

(e)

ofthis Section:

i)

When water temperature is less than or equalto

7°C:

CS = {

0.0577

.+

2.487 .}(l.45*10°.

504

)

1+

l07.688-pH

1+lOPH-7.688

ii)

When water temperatUre is greater than 7°C:

CS={ 0.0577

+

2.487}(l.45*10

0

.

028

(25-T»)

.

1+ 107.688-pH

1+ 10PH-7.688

Where T

=

Water Temperature, degrees Celsius

3)

The sub-chronic standard is egualto 2.5 times the chronic

standard.

c)

Attainment

ofthe Total Ammonia Nitrogen Water Quality Standards

1)

The acute standard

fOf total ammonia nitrogen (in

mglL)

must not

be exceeded at any time except in those waters for which the

Agency has approved a ZID pursuant to Section 302.102

ofthis

Part.

2)

The

30;.day average concentration oftotal ammonia nitrogen (in

mglL)

must not exceed the chronic standard (CS) except in those

waters in which mixing is allowed pursuant to Section 302.102

of

this Part. Attainment ofthe chronic standard (CS) is evaluated

pursuant to subsection (d)

ofthis Section by averaging at least four

samples collected at weekly intervals or at other sampling intervals

that statistically represent a 30-day sampling period. The samples

must

be collected in a manner that assures a representative

sampling period.

3)

The 4-day average concentration oftotal ammonia nitrogen (in

mglL)

must not exceed the sub-chronic standard except in those

waters in which mixing is allowed pursuant to Section 302.102.

Attainment ofthe sub-chronic standard is evaluated pursuant to

subsection (d)

of this Section by averaging daily sample results

---

collected over a period of four consecutive days within the 30-day

averaging period. The samples must be collected in a manner that

assures a representative sampling period.

d)

The water quality standard for each water body must be calculated based

on the temperature and

pH of the water body measured at the time of each

ammonia sample. The concentration of total ammonia in each sample

must be divided by the calculated water quality standard for the sample to

determine a quotient. The water quality standard is attained ifthe mean of

the sample quotients is less than or equal to one for the duration ofthe

averaging period.

e)

The Early Life Stage Present period occurs from Marchthrough October.

All other periods are subject to the Early Life Stage Absent period, except

that waters listed in Section 303.235 are not subject to Early Life Stage

Present ammonia limits at any time.

BOARD NOTE: Acute and chronic standard concentrations for total ammonia nitrogen

(in mg/L) for different combinations

ofpH and temperature are shown in Appendix C.

(Source: Added at

_",,-- Ill. Reg. __, effective

-----')

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE C: WATER POLLUTION

CHAPTER I: POLLUTION CONTROL BOARD

PART 303

WATER USE DESIGNATIONS AND SITE SPECIFIC WATER QUALITY

STANDARDS

SUBPART A: GENERAL PROVISIONS

Section

303.100

303.101

303.102

Section

303.200

303.201

303.202

303.203

303.204

Scope and Applicability

Multiple Designations

Rulemaking Required (Repealed)

SUBPART B: NONSPECIFIC WATER

USE DESIGNATIONS

.Scope and Applicability

General

Use Waters

Public and Food Processing Water Supplies

Underground Waters

Chicago Area Waterway System andLower Des Plaines River Secondary

Contact

and Indigenous Aquatic Life Waters

---

303.205

303.206

303.220

303.225

303.227

303.230

303.235

303.237

Section

303.300

303.301

303.311

303.312

303.321

303.322

303.323

303.326

303.331

303.341

303.351

303.352

303.353

303.361

303.400

303.430

303.431

303.441

303.442

303.443

303.444

303.445

Section

303.50b

303.502

Outstanding Resource Waters

List

of Outstanding Resource Waters

Incidental Contact Recreation Waters

Non-Contact Recreation Waters

Non-Recreational

Waters.

Chicago Area Waterway System Aquatic Life Use A Waters

Chicago Area

WaterwaySystem and Brandon Pool Aquatic Life

UseB Waters

Upper Dresden Island Pool Aquatic Life Use Waters

SUBPART C: SPECIFIC

USE DESIGNATIONS AND SITE

SPECIFIC

WATER QUALITY STANDARDS

Scope and Applicability

Organization

Ohio River Temperature

Waters Receiving Fluorspar Mine Drainage

Wabash River Temperature

Unnamed Tributary

ofthe Vermilion River

Sugar

Creek and Its Unnamed Tributary

Unnamed Tributary

of Salt Creek, Salt Creek, and Little Wabash River

Mississippi River North Temperature

Mississippi River North Central Temperature

Mississippi River South Central Temperature

Unnamed Tributary

ofWood River Creek

Schoenberger Creek; Unnamed Tributary

ofCahokia Canal

Mississippi

River South Temperature

Bankline Disposal Along the Illinois Waterway/River

Unnamed Tributary to Dutch Creek

Long Point Slough and Its Unnamed Tributary

Secondary Contact Waters (Repealed)

.

Waters Not Designated for Public Water Supply

Lake Michigan Basin

Salt Creek, Higgins Creek, West Branch

ofthe DuPage River, Des Plaines

River

Total Dissolved Solids Water Quality Standard for the Lower Des Plaines

River

SUBPART D: THERMAL DISCHARGES

Scope and Applicability

Lake Sangchris Thermal Discharges

APPENDIX A

References to Previous Rules

---

APPENDIXB

Sources ofCodified Sections

AUTHORITY: Implementing Section

13 and authorized by Sections 11 (b) and 27 ofthe

Environmental Protection Act [415 ILCS 5/13, 11(b)

and 27].

SOURCE: Filed with the Secretary

of State January 1, 1978; amended at 2 Ill. Reg. 27, p.

221, effective July

5, 1978; amended at 3 Ill. Reg. 20, p. 95, effective May 17, 1979;

amended at 5 Ill. Reg. 11592, effective October 19, 1981; codified at 6 Ill. Reg. 7818;

amended at 6 Ill. Reg. 11161

effective~

September 7, 1982; amended at 7 Ill. Reg. 8111,

effective June 23, 1983; amended

in

R87-27 at 12 Ill. Reg. 9917, effective May 27, 1988;

amended in R87-2 at

13 Ill. Reg. 15649, effective September 22,1989; amended in R87-36

at 14 Ill. Reg. 9460, effective

May 31, 1990; amended in R86-14 at 14 Ill. Reg. 20724,.

effective December 18, 1990; amended in R89-14(C) at 16 Ill. Reg. 14684, effective

September 10, 1992; amended in R92-17 at

18 Ill. Reg. 2981, effective February 14, 1994;

amended

in R91-23 at 18 Ill. Reg. 13457, effective August 19, 1994; amended in R93-13

at 19 Ill. Reg. 1310, effective January 30, 1995; amended in R95-14 at 20 Ill. Reg. 3534,

effective February

8, 1996; amended in R97-25 at 22 Ill. Reg. 1403, effective December

24, 1997; amended

in ROl-13 at 26 Ill. Reg. 3517, effective February 22, 2002; amended

in R03-11, at 28 Ill. Reg 3071, effective February 4, 2004; amended in R06-24 at 31 Ill.

Reg. 4440, effective February 27,2007; amended in R08-_ at __Ill. Reg. _.__,

effective

--------

SUBPART A: GENERAL PROVISIONS

Section 303.102

Rulemaking Required (Repealed)

Designation ofv;aters to meet secondary contact and indigenous aquatic life standards is

governed by Part 102 of Subtitle A.

(Note: Prior to codification, Part

II of Chapter I: Procedural Rules.)

(Source: Repealed at __Ill. Reg. __, effective

---')

SUBPART B: NONSPECIFIC WATER USE DESIGNATIONS

The Chicago.AreaWaterway System and Lower Des Plaines River Waters

wffieh

are

designated to protect for incidental contact

or non-contact recreational uses, except where

designated as non-recreational waters; commercial activity, including navigation and

industrial water supply uses; and the highest quality aquatic life and wildlife that is

.

attainable, limited only by the physical condition of these waters and hydrologic

modifications to these waters. These waters are required to meet the secondary contact

and indigenous aquatic life standards contained

in

ef

Subpart D, ofPart 302, but are not

required to meet the general use standards or the public and food processing water supply

---

standards of Subparts Band C, ofPart 302. Designated recreational and aquatic life uses

and subcategories or seasonal uses for each segment

of the Chicago Area Waterway

System and Lower Des Plaines River are identified in this Subpart.

(Source: Amended at

__Ill. Reg. __, effective

303.220

Incidental Contact Recreation Waters

The following waters are designated as Incidental Contact Recreation waters and must

protect for incidental contact recreational uses as defined in

35 Ill. Adm. Code 301.282.

a)

North Shore Channel;

b)

North Branch Chicago River from its confluence with North Shore

Channel to its confluence with South Branch Chicago River and Chicago

River;

c)

Chicago River;

d)

South Branch Chicago River and its South Fork;

e)

Chicago Sanitary and Ship Canal from its confluence with South Branch

Chicago River to its confluence with Calumet-Sag Channel;

.

:0

Calumet River, from Torrence Avenue to its confluence with Grand

Calumet River and Little Calumet River;

g)

Lake Calumet;

h)

Lake Calumet Connecting Channel;

i)

Grand Calumet River;

j)

Little Calumet River from its confluence with Calumet River and Grand

Calumet River to its confluence with Calumet-Sag Channel;

k)

Calumet-Sag Channel; and

1)

Lower Des Plaines River from the Brandon Road Lock and Dam to the

Interstate

55 bridge.

(Source: Added

at __Ill. Reg. __, effective

-,.

---J)

---

303.225

Non-Contact Recreation Waters

Calumet River from Lake Michigan to Torrence Avenue is designated as a Non-Contact

Recreation Water and must protect for non-contact recreational uses as defined in

35 Ill.

Adm. Code 301.323.

(Source: Added at

__Ill. Reg. __, effective

)

303.227

Non-Recreational Waters

The following waters are designated as Non-Recreational waters as defined in 35 Ill.

Adm. Code 301.324.

a)

Chicago Sanitary and Ship Canal from its confluence with the Calumet-

Sag Channel to its confluence with Des Plaines River; and

b)

Lower Des Plaines River from its confluence with Chicago Sanitary

arid

Ship Canal to the Brandon Road Lock and Dam.

(Source: Added at

__Ill. Reg.

, effective

-»

303.230

. Chicago Area Waterway System Aguatic Life Use A Waters

Waters designated as Chicago Area Waterway System Aquatic Life Use A Waters are

capable

ofmaintaining.aquatic-life populations predominated by individuals oftolerant

or intermediately tolerant types that are adaptive to the unique physical conditions, flow

patterns, and operational controls necessary to maintain navigational use, flood control,

and drainage functions

ofthe waterway system. The following waters are designated as

Chicago

Area Waterway System Aquatic Life Use A waters and must meet the water

quality standards

of 35 Ill. Adm. Code 302, Subpart D:

a)

North Shore Channel;

b)

North Branch Chicago River from its confluence with North Shore

Channel to the south end

ofthe North Avenue Turning Basin;

c)

Calumet River from Torrence Avenue to its confluence with Grand

Calumet River and Little Calumet River;

d)

Lake Calumet;

e)

Grand Calumet River;

f)

Little Calumet River from its confluence with Calumet River and Grand

Calumet River to its confluence with Calumet-Sag Channel; and

---

g)

Calumet-Sag Channel.

(Source: Added at

__Ill. Reg. __, effective

--»

303.235

Chicago Area Waterway System and Brandon Pool Aguatic Life

Use B

Waters

Waters designated as Chicago Area Waterway System and Brandon Pool Aquatic Life

Use B Waters are capable

ofmaintaining aquatic-life populations predominated by

individuals of tolerant types that are adaptive to the unique physical conditions, flow

patterns, and operational controls designed

to maintain navigational use, flood control,

and drainage functions in deep-draft, steep-walled shipping channels. The following

waters are designated as Chicago

Area Waterway System and Brandon Pool Aquatic Life

Use B waters and must meet the water quality standards

of35 Ill. Adm. Code 302,

SubpartD:

aY

North Branch Chicago River from the south end ofthe North Avenue

Turning Basin to its confluence with South Branch Chicago River and

Chicago River;

b)

Chicago River;

c)

South Branch Chicago River and its South Fork;

d)

Chicago Sanitary and Ship Canal;

e)

Calumet River from Lake Michigan to Torrence Avenue;

o

Lake Calumet Connecting Channel; and

g)

Lower Des Plaines River from its confluence with Chicago Sanitary and

Ship Canal to the Brandon Road Lock and Dam.

(Source: Added at

__Ill. Reg. __, effective

~_-'--_-----')

303.237

Upper Dresden Island Pool Aguatic Life Use Waters

Lower Des Plaines River from the Brandon Road Lock and Dam to the Interstate 55

bridge shall be designated for the Upper Dresden Island Pool Aquatic Life Use. These

waters are capable maintaining aquatic-life populations consisting

of individuals of

tolerant, intermediately tolerant and intolerant types that are adaptive to the unique flow

conditions necessary to maintain navigational use and upstream flood control functions

of

the waterway system. These waters must meet the water quality standards of35 Ill. Adm.

Code 302, Subpart D.

(Source: Added at

__Ill. Reg. __, effective _---'--

--»

---

SUBPART C: SPECIFIC USE DESIGNATIONS AND SITE SPECIFIC WATER

QUALITY STANDARDS

Section 303.441

Secondary Contact Waters (Repealed)

The fullowing are designated as secondary contact and indigenous aquatic life waters and

must meet the

vfater quality standards of35 Ill. Adm. Code 302.Subpart D:

a)

The Chicago Sanitary and

Ship Canal;

b)

The Calumet

Sag Channel;

c)

The Little Calumet River from its junction 'withthe Grand Calumet River

to the Calumet Sag Channel;

do)

The Grand Calumet River;

e)

The Calumet River, except the 6.8 mile segment extending from the

O'BrienLocks and Dam to Lake Michigan;

f)

Lake Calumet;

g)

The South Branch of the Chicago River;

h)

The North Branch

of the Chicago River from its confluence with the North

Shore Channel to its confluence with the South Branch;

i)

The

Des Plaines River from its confluence with the Chicago Sanitary and

Ship

Canal to the Interstate 55 bridge; and

j)

The North Shore Channel, excluding the segment extending from the

North Side S8'NageTreatment "Works to Lake Michigan. The dissolved

oxygen in said Channel shall be not less than 5 mwl during 16 homs of

any 24 hour period, nor less than 4 mwl at any time.

(Source: Repealed at

Ill. Reg.

__, effective _'

--i)

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE C:

WATER POLLUTION

CHAPTER

I: POLLUTION CONTROL BOARD

PART 304

EFFLUENT STANDARDS

SUBPART A: GENERAL EFFLUENT STANDARDS

---

Section

304.101

304.102

304.103

304.104

304.105

304.106

304.120

304.121

304.122

304.123

304.124

304.125

304.126

304.140

304.141

304.142

Preamble

Dilution

Background Concentrations

Averaging

.

Violation of Water Quality Standards

Offensive Discharges

Deoxygenating Wastes

Bacteria

Total Ammonia Nitrogen (as N: STORET number 00610)

Phosphorus (STORET number 00665)

Additional Contaminants

pH

Mercury

Delays in Upgrading (Repealed)

NPDES Effluent Standards

New Source Performance Standards (Repealed)

SUBPART B: SITE SPECIFIC RULES AND EXCEPTIONS NOT OF GENERAL

APPLICABILITY

Section

304.201

304.202

304.203

304.204

304.205

304.206

304.207

304.208

304.209

304.210

304.211

304.212

304.213

304.214

304.215

304.216

304.218

304.219

304.220

304.221

304.222

304.224

Wastewater Treatment Plant Discharges

of the Metropolitan Water

Reclamation District

of Greater Chicago

Chlor-alkali Mercury Discharges in

S1. Clair County

Copper Discharges

by Olin Corporation

Schoenberger Creek: Groundwater Discharges

John Deere Foundry Discharges

Alton Water Company Treatment Plant Discharges

Galesburg Sanitary District Deoxygenating Wastes Discharges

City

of Lockport Treatment Plant Discharges

Wood

Rjver Station Total Suspended Solids I;>ischarges

Alton Wastewater Treatment Plant Discharges

Discharges From Borden Chemicals and Plastics Operating Limited

Partnership Into an Unnamed Tributary

of Long Point Slough

Sanitary District

of Decatur Discharges

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

Mobil Oil Refinery Ammonia Discharge

City

ofTuscola Wastewater Treatment Facility Discharges

Newton Station Suspended Solids Discharges

City ofPana Phosphorus Discharge

North Shore Sanitary District Phosphorus Discharges

East S1. Louis Treatment Facility, Illinois-American Water Company

Ringwood Drive Manufacturing Facility in McHenry County

IntermittentDischarge

of TRC

.

Effluent Bacteria Standards for Discharges to the Chicago Area

Waterway System and Lower Des Plaines River

---

Section

304.301

304.302

304.303

Appendix A

SUBPART C: TEMPORARY EFFLUENT STANDARDS

Exception for Ammonia Nitrogen Water Quality Violations (Repealed)

City

of Joliet East Side Wastewater Treatment Plant

Amerock Corporation, Rockford Facility

References

to Previous Rules

AUTHORITY: Implementing Section

13 and authorized by Section 27 ofthe

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

SOURCE: Filed with the Secretary

of State January 1, 1978; amended at 2 IlL Reg. 30,

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

1978; amended at 3 Ill. Reg. 20, p. 95, effective

May 17, 1979; amended at 3 IlL Reg. 25,

p. 190, effective June 21, 1979; amended at 4

IlL Reg. 20, p. 53, effective May 7, 1980;

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

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

effective October 26, 1982; amended at 7

IlL Reg. 3020, effective March 4, 1983;

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

effective October 14, 1983; amended at 7

IlL Reg. 14910, effective November 14, 1983;

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

effective March 14, 1984; amended at 8

IlL Reg. 8237, effective June 8, 1984; amended

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

March 22, 1985; peremptory amendment at 10

IlL Reg. 456, effective December 23,

1985; amended at

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

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

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

1988; amended

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

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

effective June 9, 1988; amended

in R85-29at 12 IlL Reg. 12064, effective July 12, 1988;

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

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

13 Ill. Reg.

851, effective January 9, 1989; amended in R85-11 at

13 Ill. Reg. 2060, effective

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

April 18, 1989; amended in R86-17(B) at

13 IlL Reg. 7754, effective May 4, 1989;

amended

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

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

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

amended

in R84-44 at 14 Ill. Reg. 20719, effective December 11, 1990; amended in R86-

14 at

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

267, effective December 23, 1993; amended in R87-33 at

18 IlL Reg. 11574, effective

July 7, 1994; amended

in R95-14 at 20 IlL Reg. 3528, effective February 8, 1996;

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

correction in R94-1(B) at

21 IlL Reg. 6269, effective December 23, 1996; amended in

---

R97-25 at22 Ill. Reg. 1351, effective December 24, 1997; amended in R97-28 at 22 Ill.

Reg. 3512, effective February 3, 1998; amended in R98-14

at23 Ill. Reg. 687, effective

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

8,

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

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

R08-_ at __Ill.

Reg.

, effective

_

APPLICABILITY

304.224

Effluent Bacteria Standards for Discharges to the Chicago

Area Waterway System and Lower Des Plaines River

Effluents discharged to the Incidental Contact Recreation waters listed in 35 Ill. Adm.

Code 303.220 and the Non-Contact Recreation waters listed in 35 Ill. Adm. Code

303.225 shall not exceed 400 fecal coliforms per 100 ml during the recreational season

lasting from March 1 through November 30. All effluents in existence on or before the

effective date

ofthis Section shall meet these standards by March

1,

2011. All new

discharges shall meet these standards upon the initiation

ofdischarge.

(Source:

Added at __Ill. Reg. __, effective

-»

---