ILLINOIS POLLUTION CONTROL BOARD

PROCEDURAL BACKGROUND
Pre-First Notice
First-Notice Period
FIRST-NOTICE PROPOSAL
1. Section 309.107
ISSUES RAISED DURING FIRST NOTICE
CONCLUSION
ORDER
CHAPTER I: POLLUTION CONTROL BOARD
1. Section
SUBPART B: OTHER PERMITS

May 6, 2004

IN THE MATTER OF:

PROPOSED AMENDMENTS TO:

PUBLIC PARTICIPATION RULES IN 35

ILL. ADM. CODE 309 NPDES PERMITS

AND PERMITTING PROCEDURES

)

R03-19

(NPDES Rulemaking)

Adopted Rule. Final Notice.

OPINION AND ORDER OF THE BOARD (by G.T. Girard):

On September 4, 2003, the Board sent to first notice under the Illinois Administrative

Procedure Act (APA) (5 ILCS 100/1-1

et. seq.

(2002)) a proposal to amend the Board’s

regulations at 35 Ill. Adm. Code 309. The regulations address participation in the issuance of

National Pollutant Discharge Elimination System (NPDES) permits by the Illinois

Environmental Protection Agency (IEPA) pursuant to the Clean Water Act (33 U.S.C. §1251

seq.

). On February 19, 2004, the Board sent this matter to second notice under the APA (5 ILCS

100/1-1

et. seq.

(2002)). Today the Board adopts the rule with only minor nonsubstantive

changes recommended by the Joint Committee on Administrative Rules (JCAR).

PROCEDURAL BACKGROUND

On January 13, 2003, the Environmental Law and Policy Center of the Midwest, Illinois

Chapter of the Sierra Club, Prairie Rivers Network, and 225 citizen petitioners (collectively “the

proponents”) filed a proposal for rulemaking (Prop.). The petition was filed pursuant to Section

28 of the Environmental Protection Act (Act) (415 ILCS 5/28 (2002)). On January 23, 2003, the

Board accepted this matter for hearing. On February 19, 2004, the Board proceeded to second

notice under the APA. On March 23, 2004, JCAR issued a certification of no objection to the

rule.

Pre-First Notice

Prior to first notice, two hearings were held before Hearing Officer Marie Tipsord: in

Chicago on March 17, 2003, and in Springfield on April 2, 2003. On March 17, 2003,

representatives for the proponents testified including Beth Wentzel, Cynthia Skrukrud, and

Albert Ettinger. In addition, Toby Frevert testified about the IEPA’s position on the proposal.

On April 2, 2003, Mr. Frevert again testified as did Frederick Hubbard on behalf of the

Vermillion Coal Company, Fred Andes on behalf of the Illinois Coal Association (ICA), Mark

Johnson on behalf of the Illinois-American Water Company, and Roy Harsch on behalf of the

Illinois Association of Wastewater Agencies (IAWA).

Also prior to first notice, the Board received 13 public comments on the proposal

including additional comments from the proponents, the IEPA (PC 2), IAWA (PC 5), and ICA

(PC 1). The Board also received comments from the Metropolitan Water Reclamation District of

Greater Chicago (District) (PC 3), Starved Rock Audubon Society (PC 4), Openlands Project

(PC 6), Larry Miller (PC 7), Illinois Environmental Regulatory Group (IERG) (PC 8), Thomas

Lindblade (PC 9), Margaret Mitchell (PC 10), the Attainable Housing Alliance and the Home

Builders Association of Illinois (AHA/HBAI) (PC 12), and Illinois Stewardship Alliance (PC

13).

On September 4, 2004, the Board proceeded to first notice under the APA (5 ILCS 100/1-

et. seq.

(2002)). The first-notice proposal will be discussed in detail below. Generally, the

Board’s first-notice rule codified the IEPA’s existing practice when reviewing and issuing

NPDES permits, required additional information in NPDES permit fact sheets prepared for the

public by IEPA, identified when the public comment period can be reopened, required control of

pollutants and pollutant parameters that may potentially violate water quality standards, and

required reports adequate to determine compliance with monitoring requirements.

First-Notice Period

The Board held a third hearing in Chicago on November 19, 2003, before Hearing

Officer Marie Tipsord. At that hearing, Katherine Hodge, Executive Director of IERG testified,

as did Albert Ettinger on behalf of the proponents. Mr. Toby Frevert also answered questions on

behalf of the IEPA. Additionally, the hearing was held to fulfill the requirements of Section

27(b) of the Act. 415 ILCS 5/27(b) (2002).

Section 27(b) of the Act (415 ILCS 5/27(b) (2002)) requires the Board to request the

Department of Commerce and Community Affairs, now known as Department of Commerce and

Economic Opportunity (DCEO) to conduct an economic impact study (EcIS) on certain proposed

rules prior to adoption of those rules. If DCEO chooses to conduct the EcIS, DCEO has 30 to 45

days after such request to produce a study of the economic impact of the proposed rules. The

Board must then make the EcIS, or DCEO’s explanation for not conducting the study, available

to the public at least 20 days before a public hearing on the economic impact of the proposed

rules. In accordance with Section 27(b) of the Act, the Board has requested, by letter dated

April 9, 2003, that DCEO conduct an economic impact study for the above-referenced

rulemakings. On April 17, 2003, DCEO responded that DCEO does not have the staff resources

to perform EcIS studies on Board rulemakings.

The Board received six additional public comments during the first-notice period.

Illinois American Water Company filed a comment (PC 14), as did ICA (PC 15). IAWA, IERG

and the IEPA all filed additional comments (PC 18, PC 17, PC 19, respectively). The proponents

also filed final comments (PC 16).

FIRST-NOTICE PROPOSAL

The following discussion will summarize the first-notice proposal on a section-by-section

basis.

Section 309.107

Section 309.107 was amended to require that the IEPA notify Illinois Department of

Natural Resources (IDNR) when an NPDES permit application is complete, subject to a

memorandum of agreement with IDNR. The IEPA supports this addition and is developing a

memorandum of agreement with IDNR.

Section 309.108

Proposed language for Section 309.108(c) adds specific items to be included in the

IEPA’s tentative determination on an NPDES permit. As proposed, new subsection (e) requires

that all documents related to the IEPA’s tentative decision on a permit application become a part

of the IEPA’s record. The IEPA could either identify the document for the record or include the

document in the record.

Sections 309.112 and 309.119

At first notice, the Board added a cross-reference to Section 309.120 to clarify when a

public comment period will be reopened.

Section 309.113

Existing Section 309.113 specifies information to be included in public information fact

sheets for dischargers exceeding 500,000 gallons in one day. The language that was proposed

for Section 309.113 would require the inclusion of additional information in the fact sheets

prepared by the IEPA during the NPDES permitting process.

Section 309.114

The first-notice proposal corrects a typographical error in Section 309.114(c).

Section 309.120

At first notice, the Board proposed a new section that requires the IEPA to reopen the

public comment period if the final permit is not a logical outgrowth of the draft permit. In

determining if the final permit is a natural outgrowth, the IEPA must consider four things: (1)

whether the interested parties could anticipate the final permit (Section 309.120(a)(1)); (2)

whether a new round of notice and comment would present an interested party the first

opportunity to comment on the issue (Section 309.120(a)(2)); (3) whether provisions in the final

permit deviate from the concepts in the draft permit or suggested by the commenters (Section

309.120(a)(3)); and, (4) whether the changes made represent an attempt by the IEPA to respond

to commenters (Section 309.120(a)(4)).

Section 309.120(b) limits the scope of the extended public comment period to identified

issues. Section 309.120(c) sets forth the notification process.

Section 309.143

Section 309.143 as proposed requires the control of pollutants or pollutant parameters

that may potentially cause a violation of the water quality standards. The language is identical to

federal language and IEPA is currently prohibited from issuing an NPDES permit that is not in

compliance with federal law (

see

35 Ill. Adm. Code 309.141).

Section 309.146

The first-notice proposal adds language to require that reports made by permit holders are

adequate to determine compliance and to require permit to include specifications concerning

monitoring.

ISSUES RAISED DURING FIRST NOTICE

In general the commenters supported the Board’s first-notice proposal and offered only a

few additional comments. The comments offered center around the language of Section

309.120, 309.143 and 309.113(a)(5). In Section 309.120, ICA, IERG and IAWA sought

additional clarification concerning the reopening of the public comment period and IAWA

suggested deleting Section 309.120(a)(4). Additionally, those three groups also asked that

further federal language be added to 309.143 in order to insure consistency with the Code of

Federal Regulations. Finally, IAWA, IERG, and IEPA asked that the Board reconsider the first-

notice decision to include proposed Section 309.113(a)(5).

In response to the concerns of IAWA, IERG, and IEPA regarding Section 309.113(a)(5),

the Board proceeded with the language as proposed at first notice. The Board noted that the

specific language of the proposal states that the IEPA’s fact sheet shall include a

summary

changes. The Board opined that the common definition of the word, summary, which means to

present a topic in a condensed, concise form. A detailed listing of specific changes would not be

a summary. Further, the Board does not anticipate that the IEPA will be listing multiple changes

if the reissued permit is substantially different. In that case, the Board intends that the IEPA’s

summary would simply note that there are substantial differences.

In Section 309.120, the Board found that additional language is not necessary regarding

whether or not the IEPA will reopen the public comment period after the applicant submits

additional information. The language of the rule sets forth the criteria the IEPA will use in

determining whether or not to reopen the comment period. Mr. Frevert’s testimony indicates that

in some instances submission of additional information from the applicant may require additional

public comment.

See

Tr.3 at 21-23. Thus, if the submission of additional information from an

applicant results in a permit which is not the logical outgrowth of the draft permit, IEPA will

reopen the comment period pursuant to Section 309.120(a)(1)-(3).

The Board further found that language setting forth the IEPA’s authority to reopen a

comment period is not necessary. The Board is authorized under the Act to adopt regulations

implementing the NPDES permit program, including procedures for implementation of the

program. 415 ILCS 5/13 (2002). The proposal specifically allows the IEPA to reopen the public

comment period and includes standards to determine when the comment period shall be

reopened. The Board finds the language sufficient and declines to amend the proposal.

The Board did determine that Section 309.120(a)(4) could lead to confusion. Therefore,

the Board deleted the first notice language of Section 309.120(a)(4) in the second notice order.

The Board added additional federal language to Section 309.143, but declined to add

additional clarification regarding the relationship between this Section and Section 309.130 or 35

Ill. Adm. Code 406.203.

CONCLUSION

The Board will proceed to final notice with proposed rules amending the Board’s

regulations at 35 Ill. Adm. Code 309 for the issuance of NPDES permits by the IEPA pursuant to

the Clean Water Act (33 U.S.C. §1251

et seq.

). The Board has made only nonsubstantive

changes in response to comments from JCAR. The Board has held a hearing on the economic

impact of the proposal and the Board finds that the proposal is economically reasonable and

technically feasible. Therefore the Board will adopt the proposal for final notice.

ORDER

The Board directs the Clerk to cause the filing of the following rule with the Secretary of

State for publication as an adopted rule in the

Illinois Register

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE C: WATER POLLUTION

CHAPTER I: POLLUTION CONTROL BOARD

PART 309

PERMITS

SUBPART A: NPDES PERMITS

NPDES Permit Required

309.103

Application - General

309.104

Renewal

309.105

Authority to Deny NPDES Permits

309.106

Access to Facilities and Further Information

309.107

Distribution of Applications

309.108

Tentative Determination and Draft Permit

309.109

Public Notice

309.110

Contents of Public Notice of Application

309.111

Combined Notices

309.112

Agency Action After Comment Period

309.113

Fact Sheets

309.114

Notice to Other Governmental Agencies

309.115

Public Hearings on NPDES Permit Applications

309.116

Notice of Agency Hearing

Agency Action After Hearing

309.120

Reopening the Record to Receive Additional Written Comment

309.141

Terms and Conditions of NPDES Permits

309.142

Water Quality Standards and Waste Load Allocation

309.143

Effluent Limitations

309.144

Federal New Source Standards of Performance

309.145

Duration of Permits

309.146

Authority to Establish Recording, Reporting, Monitoring and Sampling

Requirements

309.147

Authority to Apply Entry and Inspection Requirements

309.148

Schedules of Compliance

309.149

Authority to Require Notice of Introduction of Pollutants into Publicly

Owned Treatment Works

309.150

Authority to Ensure Compliance by Industrial Users with Sections 204(b),

307 and 308 of the Clean Water Act

309.151

Maintenance and Equipment

309.152

Toxic Pollutants

309.153

Deep Well Disposal of Pollutants (Repealed)

309.154

Authorization to Construct

309.155

Sewage Sludge Disposal

309.156

Total Dissolved Solids Reporting and Monitoring

309.157

Permit Limits for Total Metals

309.181

Appeal of Final Agency Action on a Permit Application

309.182

Authority to Modify, Suspend or Revoke Permits

309.183

Revision of Schedule of Compliance

309.184

Permit Modification Pursuant to Variance

309.185

Public Access to Information

309.191

Effective Date

SUBPART B: OTHER PERMITS

Operating Permits; New or Modified Sources

309.204

Operating Permits; Existing Sources

309.205

Joint Construction and Operating Permits

309.206

Experimental Permits

309.207

Former Permits (Repealed)

309.208

Permits for Sites Receiving Sludge for Land Application

309.221

Applications - Contents

309.222

Applications - Signatures and Authorizations

309.223

Applications - Registered or Certified Mail

309.224

Applications - Time to Apply

309.225

Applications - Filing and Final Action By Agency

309.241

Standards for Issuance

309.242

Duration of Permits Issued Under Subpart B

309.243

Conditions

309.244

Appeals from Conditions in Permits

309.261

Permit No Defense

309.262

Design, Operation and Maintenance Criteria

309.263

Modification of Permits

309.264

Permit Revocation

309.265

Approval of Federal Permits

References to Previous Rules

AUTHORITY: Implementing Sections 13 and 13.3 and authorized by Section 27 of the

Environmental Protection Act [415 ILCS 5/13, 13.3 and 27].

SOURCE: Adopted in R71-14, at 4 PCB 3, March 7, 1972; amended in R73-11, 12, at 14 PCB

661, December 5, 1974, at 16 PCB 511, April 24, 1975, and at 28 PCB 509, December 20, 1977;

amended in R73-11, 12, at 29 PCB 477, at 2 Ill. Reg. 16, p. 20, effective April 20, 1978;

amended in R79-13, at 39 PCB 263, at 4 Ill. Reg. 34, p. 159, effective August 7, 1980; amended

in R77-12B, at 41 PCB 369, at 5 Ill. Reg. 6384, effective May 28, 1981; amended in R76-21, at

44 PCB 203, at 6 Ill. Reg. 563, effective December 24, 1981; codified at 6 Ill. Reg. 7818;

amended in R82-5, 10, at 54 PCB 411, at 8 Ill. Reg. 1612, effective January 18, 1984; amended

in R86-44 at 12 Ill. Reg. 2495 effective January 13, 1988; amended in R88-1 at 13 Ill. Reg. 5993,

effective April 18, 1989; amended in R88-21(A) at 14 Ill. Reg. 2892, effective February 13,

1990; amended in R91-5 at 16 Ill. Reg. 7339, effective April 27, 1992; amended in R95-22 at 20

Ill. Reg. 5526, effective April 1, 1996; amended in R99-8 at 23 Ill. Reg. 11287, effective August

26, 1999; amended in R02-11 at 27 Ill. Reg. 202, effective December 20, 2002; amended in R03-

19 at _______ Ill. Reg. ______________________________, effective ____________________.

SUBPART A: NPDES PERMITS

Section 309.107

Distribution of Applications

When the Agency determines that an application for an NPDES Permit is complete, it shall:

Unless otherwise agreed, send a copy of the application to the District Engineer of

the appropriate district of the U.S. Corps of Engineers with a letter requesting

that the District Engineer provide, within 30 days or as otherwise stated in the

Agency's letter, his evaluation of the impact of the discharge on anchorage and

navigation. If the District Engineer responds that anchorage and navigation of

any of the navigation waters would be substantially impaired by the granting of a

permit, the permit will be denied and the Agency shall notify the applicant. If the

District Engineer informs the Agency that the imposition of specified conditions

upon the NPDES Permit is necessary to avoid any substantial impairment of any

of the navigable waters, the Agency shall include in the permit those conditions

specified by the District Engineer.

Send two copies of the application to the Regional Administrator of the U.S.

Environmental Protection Agency with a letter stating that the application is

complete.

Notify the Illinois Department of Natural Resources (DNR), subject to any

memorandum of agreement between the Agency and the DNR.

(Source: Amended at ______ Ill. Reg. ___________, effective ____________________)

Section 309.108

Tentative Determination and Draft Permit

Following the receipt of a complete application for an NPDES Permit, the Agency shall prepare

a tentative determination. Such determination shall include at least the following:

A Statement regarding whether an NPDES Permit is to be issued or denied; and

If the determination is to issue the permit, a draft permit containing:

Proposed effluent limitations, consistent with federal and state

requirements;

A proposed schedule of compliance, if the applicant is not in compliance

with applicable requirements, including interim dates and requirements

consistent with the CWA and applicable regulations, for meeting the

proposed effluent limitations;

A brief description of any other proposed special conditions which will

have a significant impact upon the discharge.

brief description statement of the basis for each of the permit conditions listed

in Section 309.108(b)

, including a brief description of any mixing zones, how the

conditions of the draft permit were derived, and the statutory or regulatory

provisions and appropriate supporting references.

Upon tentative determination to issue or deny an NPDES Permit:

If the determination is to issue the permit the Agency shall notify the

applicant in writing of the content of the tentative determination and draft

permit and of its intent to circulate public notice of issuance in accordance

with Sections 309.108 through 309.112;

If the determination is to deny the permit, the Agency shall notify the

applicant in writing of the tentative determination and of its intent to

circulate public notice of denial, in accordance with Sections 309.108

through 309.112. In the case of denial, notice to the applicant shall

include a statement of the reasons for denial, as required by Section 39(a)

of the Act.

For the purposes of Title X of the Act [415 ILCS 5/Title X], the documents

supporting the Agency’s tentative decision to issue or deny an NPDES permit

under this Section shall be either identified in or made part of the Agency record.

(Source: Amended at ______ Ill. Reg. ___________, effective ____________________)

Section 309.112

Agency Action After Comment Period

Subject to Section 309.120, ifIf, after the comment period provided, no public hearing is held

with respect to the permit, the Agency shall, after evaluation of any comments which may have

been received, either issue or deny the permit.

(Source: Amended at ______ Ill. Reg. ___________, effective ____________________)

Section 309.113

Fact Sheets

For every discharge which has a total volume of more than 500,000 gallons (1.9

megaliters) on any day of the year, the Agency shall prepare and, following public

notice, shall send upon request to any person a fact sheet with respect to the

application described in the public notice. The contents of such fact sheets shall

include at least the following information:

A sketch or detailed description of the location of the discharge described

in the application;

A quantitative description of the proposed discharge described in the

application which includes at least the following:

The rate or frequency of the proposed discharge; if the discharge is

continuous, the average daily flow;

For thermal discharges subject to limitation under the Act, the

average monthly temperatures for the discharge;

The average daily mass discharged and average concentration in

milligrams per liter, or other applicable units of measurement, of

any contaminants which are present in significant quantities or

which are subject to limitations or prohibitions under applicable

provisions of the CWA or the Act or regulations adopted

thereunder;

The tentative determinations required under Section 309.108;

A brief citation, including an identification of the uses for which the

receiving waters have been classified, of the water quality standards and

effluent standards and limitations applicable to the proposed discharge;

and

In the case of modified and reissued permits, a summary of changes

between the public noticed permit and the previous permit;

Summary of the antidegradation analysis, including characterization of the

receiving waters and the existing uses of the receiving waters;

A more detailed description of the procedures for the formulation of final

determinations than that given in the public notice, including:

The beginning and ending dates of the comment period and

address where comments will be received; The 30-day comment

period;

Procedures for requesting a public hearing and the nature thereof;

and

Any other procedures by which the public may participate in the

formulation of the final determination

; and .

Information on how to obtain the Agency record.

The Agency shall add the name of any person or group, upon request, to a mailing

list to receive copies of fact sheets.

(Source: Amended at ______ Ill. Reg. ___________, effective ____________________)

Section 309.114

Notice to Other Governmental Agencies

At the time of issuance of public notice pursuant to Sections 309.109 through 309.112, the

Agency shall:

Send a fact sheet, if one has been prepared, to any other

states States whose

waters may be affected by the issuance of the proposed permit and, upon request,

provide such

states States with a copy of the application and a copy of the draft

permit. Each affected State shall be afforded an opportunity to submit written

recommendations within a stated number of days to the Agency and to the

Regional Administrator of the U.S. Environmental Protection Agency, which the

Agency may incorporate into the permit if issued. Should the Agency decline to

incorporate any written recommendations thus received, it shall provide to the

affected

state State or states States (and to the Regional Administrator) a written

explanation of its reasons for declining to accept any of the written

recommendations.

Following the procedure set forth in

subsection (a) above, notify and receive

recommendations from any interstate agency having water quality control

authority over waters which may be affected by the permit.

Unless otherwise agreed, in accordance with 40 CFR 124.34(c), send a copy of

the fact sheet, if one has been prepared, to the appropriate District Engineer of the

Army Corps of Engineers for discharges (other than minor discharges) into

navigable navigible waters.

Upon request, send a copy of the public notice and a copy of the fact sheet for

NPDES Permit applications to any other Federal,

states States, or local agency, or

any affected country, and provide such agencies an opportunity to respond,

comment, or request a public hearing pursuant to Sections 309.115-309.119.

Such agencies shall include at least the following:

The agency responsible for the preparation of an approved plan pursuant

to Section 208(b) of the CWA; and

The State or interstate agency responsible for the preparation of a plan

pursuant to an approved continuous planning process under Section 303(e)

of the CWA.

Send notice to, and coordinate with, appropriate public health agencies for the

purpose of assisting the applicant in integrating the relevant provisions of the

CWA with any applicable requirements of such public health agencies.

(Source: Amended at ______ Ill. Reg. ___________, effective ____________________)

Section 309.119

Agency Action After Hearing

Subject to Section 309.120, following Following the public hearing, the Agency may make such

modifications in the terms and conditions of proposed permits as may be appropriate and shall

transmit to the Regional Administrator for his approval a copy of the permit proposed to be

issued unless the Regional Administrator has waived his right to receive and review permits of

its class. The Agency shall provide a notice of such transmission to the applicant, to any person

who participates in the public hearing, to any person who requested a public hearing, and to

appropriate persons on the mailing list established under Sections 309.109 through 309.112.

Such notice shall briefly indicate any significant changes which were made from terms and

conditions set forth in the draft permit. All permits become effective when issued unless a

different date is specified in the permit.

(Source: Amended at ______ Ill. Reg. ___________, effective ____________________)

Section 309.120

Reopening the Record to Receive Additional Written Comment

The Agency shall order the public comment period reopened to receive additional

written comments where the Agency significantly modifies the draft permit and

the final permit is not a logical outgrowth of the proposed draft permit. In

determining if the final permit is a logical outgrowth of the draft permit, the

Agency shall consider the following:

Whether the interested parties could not have reasonably anticipated the

final permit from the draft permit;

Whether a new round of notice and comment would provide interested

parties the first opportunity to offer comments on the issue; or

Whether the provisions in the final permit deviate sharply from the

concepts included in the draft permit or suggested by the commenters.

The public notice of any comment period extended under this Section shall

identify the issues as to which the public comment period is being reopened.

Comments filed during the reopened period shall be limited to the substantial new

issues that caused its reopening.

For the purposes of the notification required by subsection(b), the Agency shall

follow the public notice requirements of Section 309.109.

(Source: Added at ______ Ill. Reg. ___________, effective ____________________)

Section 309.143 Effluent Limitations

Effluent limitations must control all pollutant or pollutant parameters (either

conventional, nonconventional, or toxic pollutants) which the Agency determines

are, or may be, discharged at a level which will cause, have the reasonable

potential to cause, or contribute to an excursion above any State water quality

standard, including State narrative criteria for water quality. When determining

whether a discharge causes, has the reasonable potential to cause or contributes to

an in-stream excursion above a narrative or numeric criteria within a State water

quality standard, the Agency shall use procedures which account for existing

controls on point and nonpoint sources of pollution, the variability of the pollutant

or pollutant parameter in the effluent, the sensitivity of the species to toxicity

testing (when evaluating whole effluent toxicity), and, where appropriate, the

dilution of the effluent in the receiving water.

In the application of effluent standards and limitations, water quality standards

and other applicable requirements, the Agency shall, for each permit, specify

average and maximum daily quantitative limitations for the level of pollutants in

the authorized discharge in terms of weight (except pH, temperature, radiation,

and any other pollutants not appropriately expressed by weight, and except for

discharges whose constituents cannot be appropriately expressed by weight). The

Agency may, in its discretion, in addition to specification of daily quantitative

limitations by weight, specify other limitations, such as average or maximum

concentration limits, for the level of pollutants in the authorized discharge.

Effluent limitations for multiproduct operations shall provide for appropriate

waste variations from such plants. Where a schedule of compliance is included as

a condition in a permit, effluent limitations shall be included for the interim

period as well as for the period following the final compliance date.

(Source: Amended at ______ Ill. Reg. ___________, effective ____________________)

Section 309.146

Authority to Establish Recording, Reporting, Monitoring and Sampling

Requirements

The Agency shall require every holder of an NPDES Permit, as a condition of the

NPDES Permit issued to the holder, to:

Establish, maintain and retain records;

Make reports

adequate to determine the compliance or lack of compliance

with all effluent limits and special conditions in the permit;

Install, calibrate, use and maintain monitoring equipment or methods

(including where appropriate biological monitoring methods);

Take samples of effluents (in accordance with such methods, at such

locations, at such intervals, and in such a manner as may be prescribed);

and

Provide such other information as may reasonably be required.

The Agency may require every holder of an NPDES Permit for a publicly owned

and publicly regulated treatment works, as a condition of the NPDES Permit, to

require industrial users of such a treatment works to:

Establish, maintain and retain records;

Make reports;

Install, calibrate, use and maintain monitoring equipment or methods

(including where appropriate biological monitoring methods);

Take samples of effluents (in accordance with such methods, at such

locations, at such intervals, and in such a manner as may be prescribed);

and

Provide such other information as may reasonably be required.

All such requirements shall be included as conditions of the NPDES Permit issued

to the discharger, and shall be at least as stringent as those required by applicable

federal regulations when these become effective.

All permits shall specify requirements concerning the proper use, maintenance,

and installation, when appropriate, of monitoring equipment or methods

(including biological monitoring methods when appropriate); required monitoring

including type, interval, and frequency sufficient to yield data which are

representative of the monitored activity including, when appropriate, continuous

monitoring.

(Source: Amended at ______ Ill. Reg. ___________, effective ____________________)

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board

adopted the above opinion and order on May 6, 2004, by a vote of 5-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board