ILLINOIS POLLUTION CONTROL BOARD
July 22,
1993
IN THE MATTER OF:
THE PETITION OF SYCAMORE
)
AS 93-6
FOR ADJUSTED STANDARD FROM
)
(Adjusted Standard)
35 ILL. ADM. CODE 306.305(b)
)
AND
304.121
)
ORDER OF THE
BOARD
(by B.
Forcade):
On July 13, 1993,
the City of Sycamore filed a petition for
an adjusted standard.
The petition seeks an adjusted standard
from the excess flow disinfection requirements of the Board’s
water pollution regulations at 35 Iii. Adm Code 304.121 and
306.305(b).
The granting of the requested relief would allow
Sycamore to discharge the effluent from its Excess Flow Treatiaent
Facility to the receiving stream without providing disinfection.
Section 28.1(c)
of the Environmental Protection Act
(Act) (415 ILCS 5/28.1(c)
(1992))
requires a petitioner for an
adjusted standard to prove that:
1.
factors relating to that petitioner are substantially
and significantly different from the factors relied
upon by the Board in adopting the general regulation
applicable to that petitioner;
2.
the existence of those factors justifies an adjusted
standard;
3.
the requested standard will not result in environmental
or health effects substantially and significantly more
adverse than the effects considered by the Board in
adopting the rule of general applicability; and
4.
the adjusted standard is consistent with any applicable
federal
law.
In addition,
35
Ill. Mm. Code 106.705 requires the petitioner to
provide certain information in the petition to the Board.
The petition does not adequately address the informational
requirements of 35 Ill. Adm. Code 106.705 and Section 28.1(c).
Particularly, the petition does not address the environmental
impact of the proposed adjusted standard,
as required by 35 Ill.
Mm.
Code 106.705(g).
In this regard, the petitioner has stated
that the quantitative impact was not determined since data was
not available
(Pet.
at 9.)
The environmental impact of the
adjusted standard is one of the key factors that the Board
considers
in evaluating the petition.
The petitioner must
provide such information for further consideration or comply with
35
Ill. Mm.
Code 106.705(1)
in explaining precisely why such
2
information is not being provided.
In addition, Sycamore’s petition does not adequately address
the informational requirements at 35
Iii. Adm. Code 106.705
(d)
and
(h).
The following is a brief discussion of the
informational deficiencies concerning Sycamore’s adjusted
standard petition:
1.
Section 106.705(d).
The petitioner is required to
provide a description of the qualitative and
quantitative nature of
the discharges from the
petitioner’s activity,
i.e.
from the excess flow
treatment plant
(EFTP)
*
The petition and the
supporting documents provide adequate information
regarding the quantitative nature of the discharge
(effluent flow)
from the plant, but do not include
quantitative data regarding the EFTP effluent in terms
of fecal coliform.
Such information is needed to
evaluate the merits of the proposed adjusted standard.
2.
Section 106.705(g).
The petitioner is required to
provide an assessment of the quantitative and
qualitative impact of the proposed adjusted standard on
the environment.
As noted earlier, the petition does
not include an assessment of the quantitative
environmental impact of the proposed adjusted standard
on the receiving stream.
In this regard,
the petition
does not provide any information regarding the
receiving stream in terms of the existing upstream
water quality or flow characteristics,
which is
essential for the assessment of the impact of the
proposed adjusted standard on the receiving stream.
3.
Section 106.705(h):
The petitioner is required by this
section to explain how the proposed adjusted standard
is justified pursuant to the applicable level of
justification.
Since the Board’s regulations relating
to excess flows do not specifically prescribe a level
of justification for obtaining an adjusted standard
from the disinfection requirement, the petitioner has
used the criteria prescribed in 35 Ill.
Adm. Code
306.350, which the Board must consider
in granting
exceptions to the excess flow requirements of 35 Iii.
Mm. Code 306.305 and 306.306.
The criteria include
water quality effects, actual and potential stream
uses,
and economic considerations.
Other than the
economic impact, the petition does not address the
issues relating to the water quality effects and the
stream uses.
The Board finds that the petition does not contain
sufficient information to comply with the requirements of Section
3
28.1(c)
of the Act or with 35
Ill. Adm. Code 106.705 regarding
the contents of a petition for adjusted standard.
Therefore, the
Board finds that the petition filed by Sycamore is insufficient
for Board consideration and directs Sycamore to file an amended
petition in accordance with the requirements of Section 28.1(c)
of the Act and 35 Ill. Mm.
Code 106.705.
In particular,
the
amended petition shall contain the following information or
explain pursuant to 35
Ill. Adm. Code 106.705(1) why such
information
is not being provided:
1.
a description of the qualitative nature of the excess
flow treatment plant effluent including fecal coliform,
TSS, and BOD5
2.
an assessment of the quantitative and qualitative
environmental impact of the proposed adjusted standard
on the receiving stream.
Such an assessment should
include a detailed description of the receiving stream
in terms of the existing water quality and flow
characteristics,
an evaluation of the stream ratios,
frequency and extent of overflow events, accessibility
to stream, and side land use activities
(residential,
commercial,
agricultural,
industrial,
or recreational).
Concerning the level of justification, the Board notes that
Sycamore should justify its petition on the basis of the Section
28.1(c)
factors rather than the exception procedure criteria in
35
Ill.
Adm. Code 306.350.
If Sycamore does not file an amended petition, addressing
the above issues,
on or before October
8,
1993,
this matter may
be subject to dismissal.
IT
IS SO ORDERED.
I, Dorothy N.
Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify that the above order was adopted on the
__________
day of
_________________,
1993, by a vote of
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Dorothy N. ~*n,
Clerk
Illinois Pollution Control Board