TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE C: WATER POLLUTION

CHAPTER I: POLLUTION CONTROL BOARD

PART 301

INTRODUCTION

Section

301.101	Authority
301.102	Policy
301.103	Repeals
301.104	Analytical Testing
301.105	References to Other Sections
301.106	Incorporations by Reference
301.107	Severability
301.108 301.109	Adjusted Standards Provisional Variances from Water Temperature Standards
301.200	Definitions
301.205	Act
301.210	Administrator
301.215	Agency
301.220	Aquatic Life
301.221	Area of Concern
301.225	Artificial Cooling Lake
301.230	Basin
301.231	Bioaccumulative Chemicals of Concern
301.235	Board
301.240	CWA
301.245	Calumet River System
301.250	Chicago River System
301.255	Combined Sewer
301.260	Combined Sewer Service Area
301.265	Construction
301.270	Dilution Ratio
301.275	Effluent
301.280	Hearing Board
301.285	Industrial Wastes
301.290	Institute
301.295	Interstate Waters
301.300	Intrastate Waters
301.301	Lake Michigan Lakewide Management Plan
301.305	Land Runoff
301.310	Marine Toilet
301.311	Method Detection Level
301.312	Minimum Level
301.315	Modification
301.320	New Source
301.325	NPDES
301.330	Other Wastes
301.331	Outlier
301.335	Person
301.340	Pollutant
301.341	Pollutant Minimization Program
301.345	Population Equivalent
301.346	Preliminary Effluent Limitation
301.350	Pretreatment Works
301.355	Primary Contact
301.356	Projected Effluent Quality
301.360	Public and Food Processing Water Supply
301.365	Publicly Owned Treatment Works
301.370	Publicly Regulated Treatment Works
301.371	Quantification Level
301.372	Reasonable Potential Analysis
301.373	Same Body of Water
301.375	Sanitary Sewer
301.380	Secondary Contact
301.385	Sewage
301.390	Sewer
301.395	Sludge
301.400	Standard of Performance
301.405	STORET
301.410	Storm Sewer
301.411	Total Maximum Daily Load
301.415	Treatment Works
301.420	Underground Waters
301.421	Wasteload Allocation
301.425	Wastewater
301.430	Wastewater Source
301.435	Watercraft
301.440	Waters
301.441	Water Quality Based Effluent Limitation
301.442	Wet Weather Point Source
301.443	Whole Effluent Toxicity
APPENDIX	References to Previous Rules

AUTHORITY: Implementing Section 13 and authorized by Section 27 of the 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 R01-__ at __ Ill. Reg. __________, effective __________.

Note: Capitalization denotes statutory language.

Section 301.109 Provisional Variances from Water Temperature Standards

An Agency recommendation to the Board under 415 ILCS 5/35(b) regarding a request for a provisional variance from any water temperature standard set forth in 35 Ill. Adm. Code 302.211 or 303 or any other rule, permit, or Board order must specifically address each of the contents required of any application for a provisional variance under 35 Ill. Adm. Code 180.202(b). The Agency recommendation must:

1)	Identify the extent to which the arbitrary or unreasonable hardship results from weather and operational conditions;

2)	Explain why the conditions in subsection (a)(1) of this Section were not reasonably foreseeable based on historical weather patterns and predictable operational conditions; and

3)	List any provisional variances that the Board issued to the petitioner within the preceding five calendar years with respect to any water temperature standard.

b)	The Agency in its recommendation described in subsection (a) of this Section must:

1)	Specifically address the Agency’s rationale for recommending conditions on the provisional variance; and

2)	Impose or explain why it does not impose the following conditions upon the provisional variance:

A)	Requiring the petitioner to continuously monitor intake, discharge and receiving water temperatures and to visually inspect intake and discharge areas at least three times daily to assess any mortalities to aquatic life;

B)	Requiring the petitioner to document environmental conditions during the term of the provisional variance, including the activities described in subsection (b)(2)(A) of this Section, and to submit the documentation to the Agency and the Department of Natural Resources within 30 days after the provisional variance expires;

C)	Requiring the petitioner to immediately implement biological activities to characterize how aquatic life respond to the thermal conditions resulting from the provisional variance; to document these activities; and to submit the documentation to the Agency and the Department of Natural Resources within 30 days after the provisional variance expires;

D)	Requiring the petitioner to immediately notify the Agency and the Department of Natural Resources of any unusual conditions, including mortalities to aquatic life; to immediately take action to remedy the problem; to investigate and document the cause and seriousness of the unusual conditions while providing updates to the Agency and the Department of Natural Resources as changes occur until normal conditions return; to notify the Agency and the Department of Natural Resources when normal conditions return; and to submit the documentation to the Agency and the Department of Natural Resources within 30 days after normal conditions return; and

E)	Requiring the petitioner to develop and implement a response and recovery plan to address any adverse environmental impact due to thermal conditions resulting from the provisional variance, including loss and damage to aquatic life.

(Source: Added at __ Ill. Reg. __________, effective __________.)