ILLINOIS POLLUTION CONTROL BOARD

April

4,

1972

In the Matter of

#R 71—14

WATER QUALITY STANDARDS REVISIONS)

SEPARATE OPINION

(by Mr.

Kissel)

On Narch

7,

1972,

the Board adopted

the new Water Quality

Standards Revisions

to complete the entire package of new water

quality standards for the

State of Illinois.

I voted

for those

regulations because in the main they are reasonable and attain-

able.

I

do

feel, however.,

that my concern should be expressed

in

two areas:

permits and basin studies.

PERMITS

In

Part

IX,

Permits, Paragraphs 901, et

seq.,

the Board has

adopted

a rather comprehensive permit procedure recommended by

the

Agency.

The Agency is also the one who will administer that pro-

gram,

and

is

the

one who

is responsible

for seeing that the water

quality standards and timetables are met,

Generally,

the permit program will require construction and

operating permits

for new sewers and wastewater sources and operat-

ing permits

for existing wastewater

sources.

This means that

virtually every discharger

and sewer builder

in the State will

have

to submit an application

for

a permit to the Agency and before

that person can construct or operate the sewer or wastewater source,

a permit will have to be issued by the Agency.

With the number

of permit applications to be expected, this

is indeed

a tremendous

undertaking by

the Agency.

My concern is that we may have given

the Agency

too much to do

in

the next

few years, because these

permits,

along with the permit program for air pollution, solid

waste disposal and public water supplies, constitute

a tremendous

amount of paperwork.

If not properly

and expeditiously handled,

the

State of Illinois will suffer both from

a pollution and economic

standpoint.

We could have reduced the

load in the permit area

significantly

if we had decided to take

the recommendation of

the

City of Chicago and the Metropolitan Sanitary District of Greater

Chicago by exempting those who discharge to larger municipal

systems

and requiring that the operators of those systems administer the

4—3

---

program.

Certainly,

the

Agency

would

still

have

been

given

the

“right of review” over those permit systems, but would not have

had the onus of approving each and every permit within those

systems.

This proposal was

an attractive one because

it would

have eliminated

the sure—to-come duplication

of effort by

the

larger municipal units

and the Agency.

But

I felt that it should

not be adopted

as yet.

It

is important

at this

time to keep the

regulations of pollution within the state

system,

an.3. to

see how

it works.

Thus, while

I have not accepted the City’s and the

Metropolitan

Samitary District’s proposal now,

it may be that

if

the present program does not work,

and the Agency becomes

“bogged down”

in the administrative process

in dealing with permit

applications,

that strong consideration should be given

to changing

the regulations

along the

lines suggested by the City

and the MSD.

I believe that within

a year to

18 months,

it should be known

whether the present permit regulations are

a success or failure,

and we would expect that

if

it is not

a success,

the City

of

Chicago, MSD or others will tell

the Board so that the administra-

tive process

to change the regulation

can be started.

The second area on which

I believe comment is

in order

is

basin planning.

The water quality standards recently adopted

do

the best

job that can be done when one

is

faced with the burden

of adopting statewide regulations.

Generally, the new standards

are based on present knowledge,

and experience of scientists

and

engineers, not

only in Illinois, but

across

the country.

Thus,

while

they are

the best we know today,

it does not mean

that we

should stop here.

As we were

told time and again,

the only real

“way to go”

is by looking at the pollution problem on

a stream by

stream basis

--

that is,

basin study and planning.

It

is encouraging

that

the Institute has set up

a study program for

the

Rock River

basin which hopefully will guide us

in the future

as

to how basin

studies should be done.

Basin study and planning gives regulators

the opportunity

to

look at how pollution can be stopped

in the

“real world”, because the stream is monitored for flow rate, con-

tamination of the water,

contamination of bottom sediments, dis-

charges to the stream, etc. With

this specific information on hand,

we will know what must be,

or need not be,

done

to

protect the

waters of the stream for the design~teduse.

I hope that the

Agency and the Institute

(as they are presently doing) will con-

tinue their efforts in this most important area.

I, Christan L. Moffett, Clerk of

the Pollution Control Board,.,~

certify

that

Mr.

Kisser

filed

the

above

Separate

Opinion

this

/~

~

of

April,

1972,

‘~-

~

.

~

~

4—4

---

ORDER

1.

CHAPTER

4 of

the Rules and Regulations

of the Pollution

Control Board, entitled

“Water Pollution,”

is hereby

designated

as Criapter

3.

2.

The following new provisions are hereby added to the Rules

and Regulations

of the Illinois Pollution Control Board:

ILLINOIS POLLUTION CONTROL BOARD

RULES AND REGULATIONS

CHAPTER 3:

WATER POLLUTION

PART

I:

INTRODUCTION

101

Authority.

Pursuant to the authority contained

in Section

13

of

the

Environmental Protection Act, which authorizes the Board

to issue regulations “to restore, maintain, and enhance

the purity of the waters of this State in order to protect

health, welfare, property, and the quality of

life, and to

assure that no contaminants are discharged into the waters

without

being given the degree of treatment or control

necessary to prevent pollution”, and to adopt water quality

standards, effluent standards,

standards for the issuance

of permits, standards for the certification of sewage

works operators, standards relating to water pollution

episodes or emergencies, and requirements for the inspection

of pollution sources and for monitoring the aquatic

environment, the Board adopts the following rules and

regulations.

102

Policy.

The General Assembly has found that water pollution

“constitutes

a menace to public health and welfare, creates

public nuisances,

is harmful to wildlife,

fish, and aquatic

life,

impairs domestic,

agricultural, industrial,

recreational, and other legitimate beneficial uses of water,

depresses property values, and offends the senses.”

---

It

is

the

purpose

of

these

rules

and

regulations

to

designate

the uses for which the various waters of the State

shall

be

maintained

and

protected;

to

prescribe

the

water quality standards required

to sustain the designated

uses;

to establish effluent standards

to limit the con-

taminants discharged to the waters;

and to prescribe

additional regulations necessary for implementing,

achieving and maintaining the prescribed water quality.

These regulations were developed in close cooperation

with the Federal Environmental Protection Agency in order

that,

consistent with Illinois’law, they may also serve

the purposes of the Federal Water Pollution Control Act.

103

Repeals.

These rules and regulations replace and supersede Rules

and Regulations

SWB-l,

SWB—5 through SWB-l5, and SWB-19,

adopted by the illinois

Sanitary Water Board

and continued

in effect by Section

49

(c)

of the Environmental Protection

Act “Until repealed, amended, or superseded by regulations

under this Act.”

Accordingly Rules and Regulations

SWB-1,

SWB-5

through.

SWB-~l5,a~ndSWB-l9 are hereby repealed,

except that any proceeding arising from any act committed

before the effective date of the applicable provision of

this Chapter shall be governed by the above listed

regulations.

104

Definitions.

As used in this Chapter, the following

terms shall have the meanings specified

See

additional

definitions adopted Jan.

6,

19721:

“Aquatic Life” means native populations of fish and other

aquatic life;

“Dilution Ratio” means

the ratio of the seven—day, once

in ten years low flow of the receiving

stream to the

average dry weather flow of the treatment works for the

design year.

“Institute” means the Illinois Institute for Environmental

Quality;

“Interstate Waters” are all waters which cross or form

part of the border between Illinois and other states;

“Intrastate Waters” are all the waters of Illinois which

are not interstate waters;

“Marine Toilet” means any toilet on or within any water—

craft;

4—6

---

“Modification” means

1)

Any physical change

in

a treatment works which

involves different or additional processes or

equipment or which increases or decreases

the

capacity or efficiency of the treatment works;

or

2)

any change in the number or location of points

where effluent is discharged, directly or indirect—

ly, to the waters;

or

3)

any change in any components of a sewer system

which alters the quantity of wastewater capable of

being conveyed, or which increases or decreases

the quantity of wastewater capable of being

discharged at overflow or bypass structures;

or

4)

any increase in quantity or strength of a dis-

charge from any wastewater source, unless such

increase does not exceed an upper limit

specifically allowed by an existing Permit granted

by the Agency and does not involve any additional

contaminants contained

in standards set by this

Chapter that are not itemized and approved in

an existing Agency permit.

“Population Equivalent” is a term used to evaluate the

impact of industrial or other waste on a treatment works

or stream.

One population equivalent is 100 gallons of sewage

per day, containing 0.17 pounds of BOD5 and 0.20 pounds of

suspended solids.

The impact on a treatment works is

evaluated as the equivalent of

the highest of the three

parameters.

Impact on a stream is

the

higher of the BOD5

and suspended solids parameters;

“Primary Contact” means any recreational or other water

use in which there

is prolonged and intimate contact

with the water involving considerable risk of ingesting

water

in quantities sufficient to pose a significant

health hazard, such as swimming and water skiing;

“Public and Food Processing Water Supply” means any water

use in which water

is withdrawn from surface waters of

the State for human consumption or for processing of

food products intended for human consumption;

4— 7

---

“Restricted Use” means certain designated waters which

are not protected for aquatic

life;

“Secondary Contact” means any recreational or other

water use

in which contact with the water

is either

incidental or accidental

and in which the probability

of ingesting appreciable quantities

of water

is minimal,

such as fishing, commercial and recreational boating and

any limited contact incident to shoreline activity;

“Underground Waters” means

any waters of the State

located beneath the surface of the earth;

“Watercraft” means every type of boat,

ship. or barge

used or capable Qf being used as

a means of transportation

on water.

105

Analytical Testing (adopted January

6,

1972).

PART

II.

WATER QUALITY STANDARDS

This part of the rules and regulations concerning water pollution

describes the water quality standards that must be met to

maintain the specified beneficial uses.

References to STORET

numbers identify the specific parameter

as defined in the STORET

system Handbook published by the Federal Environmental Protection

Agency.

201

Mixing

Zones.

(a)

In the application

of any of the rules

and regulations

in this Chapter, whenever

a water quality standard

is more restrictive than

its corresponding effluent

standard then an opportunity shall be allowed for

the mixture of an effluent with its receiving waters.

Water quality standards must be met at every point

outside of the mixing zone.

The size of the mixing

zone cannot be uniformly prescribed.

The governing

principle

is that the proportion of any body of water

or segment thereof within mixing

zones must be quite

small

if

the water quality standards are to have any

meaning.

This principle shall be applied on

a case-

by-case basis

to ensure that neither any individual

4—8

---

source nor the aggregate of sources shall cause

excessive zones to exceed the standards.

The water

quality standards must be met in the bulk

of the

body of water, and no body of water may be used totally

as

a mixing zone for

a single outfall or combination

of outfalls.

Moreover, except as otherwise provided

in this Chapter, no single mixing zone shall ex-

ceed the area of a circle with

a radius

of 600

feet.

Single sources of effluents which have more

than one outfall

shall be limited to

a total mixing

area no larger than that allowable

if

a single out-

fall were used.

In

determining

the

size

of

the

mixing

zone

for

any

discharge,

the

following

must

be

considered:

1.

The character of the body of water,

2.

the present and anticipated future use of body cf

water,

3.

the present and anticipated water quality of

the body of water,

4.

the effect of the discharge on the pre-

sent and anticipated

future water quality,

5.

the dilution ratio,

and

6.

the nature of the contaminant.

(b)

In addition to

the above,

for waters designated

for aquatic life

(General Standards)

,

the mixing

zone

shall be so designed as to assure

a reasonable zbne

of passage for aquatic life in which the water quality

standards are met.

The mixing

zone shall not inter-

sect any

area of any such waters

in such

a manner

that the maintenance of aquatic

life in the

body of water

as. a whole would be adversely

affected.

4—9

---

202

Stream

Flows.

Except as otherwise provided

in this Chapter with respect

to temperature,

the water quality standards

in this Part

shall apply at all times, except during periods when

flows

are

less

than the average minimum seven day

low flow

which

occurs

once

in

ten

years.

203

General Standards.

The

General

Standards

listed

below

will

protect the State’s

water

for

aquatic

life,

agricultural

use,

primary

and

secondary contaqt use,

and most industrial uses,

and en-

sure

the

aesthetic

quality of the State’s aquatic environment.

Except as otherwise provided in this Chapter,

all waters

of

the

State

shall

meet

the

following

standards:

(a)

Freedom from unnatural sludge or bottom deposits,

floating

debris,

visible

oil,

odor,

unnatural

plant

or

algal

growth,

unnatural

color

or

turbidity,

or

matter

in

concentrations

or

combinations

toxic

or

harmful

to

human,

animal,

plant

or

aquitic

life

of other than natural origin.

(b)

pH

(STORET number

-

00400)

shall be within the range

of 6.5

to 9.0 except for natural causes.

(c)

Phosphorus

(STORET number

-

00665)

:

Phosphorus

as

P

shall not exceed 0.05 mg/l in any reservoir or

lake,

or in

any stream at the point where

it enters

any reservoir or lake.

(d)

Dissolved oxygen

(STORET number

-

00300)

shall not

be

less

than

6.0

mg/l

during

at

least

16 hours of

any 24 hour period, nor

less than 5.0 mg/i at any

time.

(e)

Radioactivity:

(1)

Gross beta

(STORET number

—

03501)

concentration

shall not exceed

100 pico curies per liter

(pCi/l).

(2)

Concentrations

of

radium

226

(STORET

number

-

09501)

and

strontium

90

(STORET

number

—

13501)

shall

not exceed

1 and

2 pico curies per liter respectively.

(f)

The

following

levels

of

chemical

constituents

shall

not be exceeded:

4

—

10

---

CONSTITUENT

STORET

NUMBER

CONCENTRATION

(mg

Ammonia Nitrogen

(as

N)

00610

1.5

Arsenic

(total)

01000

1.0

Barium

(total)

01005

5.0

Boron

(total)

01020

1.0

Cadmium

(total)

01025

0,05

Chloride

00940

500.

Chromium

(total hexavalent)

0.05

Chromium

(total trivalent)

1.0

Copper

(total)

01040

0.02

Cyanide

00720

0.025

Fluoride

00950

1.4

Iron

(total)

01046

1.0

Lead

(total)

01049

0.1

Manganese

(total)

01055

1.0

Mercury

71900

0.0005

Nickel

(total)

01065

1.0

Phenols

32730

0.1

Selenium

(total)

01145

1.0

Silver

(total)

01075

0.005

Sulfate

00945

500.

Total Dissolved Solids

00515

1000.

Zinc

01090

1.0

(g)

Based on

a minimum of

five samples taken over not more than

a

30—da

period,

fecal coliforms

(STORET number

-

31616)

shall not exceed

a geometric mean of ~00 per 100 ml, nor shall more

than 10

of the samples during any 30-day period,exceed 400 per

100 ml.

(h)

Any substance toxic to aquatic life shall not exceed one—tenth

of the 48-hour median tolerance limit

(48-hr.

TLm)

for natiVe

fish or essential fish

food organisms.

(i)

Temperature

(STORET numbers

(F°) 00011

and

(C°) 00010)

(1)

There shall be no abnormal temperature changes that may

adversely affect aquatic life unless caused by natural

conditions.

(2)

The normal daily

and seasonal temperature fluctuations

that

existed

before

the

addition

of

heat

due

to

other

than

natural

causes

shall

be

maintained.

(3)

The

maximum

temperature

rise

above

natural

temperatures

shall

not

exceed

5°F.

4—11

---

(4)

In addition,

the water temperature

at representative

locations

in the main river

shall not exceed the

maximum limits

in the

following table during

more than one percent of

the hours

in the

12-

month period ending with any month.

Moreover,

at

rio time shall the water temperature at such

locations exceed the maximum

limits in

the follow-

ing table by more than 3°F.

JAN.

FEB.

MAR.

APR.

MAY

JUNE JULY

AUG.

SEPT.

OCT.

NOV.

DEC

Mississip-

pi River

(Wisc.

450

45°

57°

680

78°

85°

86°

86°

85°

75°

65°

520

Border to Iowa

Border)

(°F)

Mississippi

River

(Iowa

45°

450

57°

68°

78°

86°

88° 88° 86°

75°

650

52°

Border to Alton

Lock and Dam)

(°F)

Mississippi

River

(So.

of

500

500

60°

70°

80°

87°

89°

89°

87°

78°

70°

57°

Alton

Lock

&

Dam)(°F)

Ohio River

50° 50° 60° 70° 80°87° 89° 89° 87°

78° 70° 57°

(°F)

Wabash

River

& Its in-

terstate

50° 50° 60° 70°

800

900

90° 90° 90°

78° 70° 57°

Tributaries

(°F)

Other Waters

(°F)

60°

60°

60°

90°

90°

90°

90°

90°

90°

90°

90°

60°

Main river temperatures are temperatures

of those portions of the

river essentially

similar to and following the same thermal

regime

as the temperatures

of

the main

flow of the river.

(5)

The owner or operator

of

a source of heated

effluent which discharges

0.5 billion British

thermal

units per hour or more shall demonstrate

in

a hearing before

this Board not

less than

5

nor

more

than

6

years

after

the

effective

date

of

these

regulations

or,

in

the

case

of

new

sources,

after the commencement

of operation,

that discharges

from that source have not caused and cannot be

reasonably expected to cause significant ecological

4—12

---

damage

to the receiving waters.

If such proof

is not made to the satisfaction of the Board

appropriate

corrective measures shall be ordered

to be taken within a reasonable time as deter-

mined by

the Board.

(6)

Permits

for heated effluent discharges, whether

issued by the Board or the Environmental Protection

Agency,

shall be subject to revision

in the event

that reasonable future development creates

a

need

for reallocation

of the assimilative

capacity

‘of the receiving stream as defined in the regulation

above.

(7)

The owner or operator of

a source of heated

effluent

shall maintain

such records and conduct

such studies of the effluents from such source

and of their effects

as may be required by the

Environmental Protection Agency or in any permit

granted under the Environmental Protection Act.

(8)

Appropriate corrective measures will be required

if, upon complaint filed in accordance with Board

rules,

it is found

at any time that any heated

effluent causes significant ecological damage

to

the

receiving

stream.

204

Public and Food Processing Water Supply.

In addition to the General Standards, waters designated

in Part III of this Chapter

for public and

food processing

water supply shall meet the following standards at any

point at which water

is withdrawn

for treatment and

distribution

as

a potable supply or for food processing:

(a)

Waters

shall

be

of

such

quality

that

with

treatment

consisting of coagulation,

sedimentation, filtration,

storage and chlorination, or other equivalent treat-

ment processes,

the treated water shall meet

in all

respects both

the mandatory

and the recommended

requirements

of the Public Health Service Drinking

Water Standards

-

1962.

(b)

The following levels of chemical constituents

shall

not he exceeded:

4—13

---

CONSTITUENT

STORET NUMBER

CONCENTRATION

(mg/i)

Arsenic

(total)

01000

0.01

Barium

(total)

01005

1.0

Cadmium

(total)

01025

0.01

Chlorides

00940

250

Carbon Chloroform Extract

(CCE)

32005

0.2

Cyanide

00720

0.01

Iron

(total)

01046

0,3

Lead

(total)

01049

0.05

Manganese

(total)

01055

0.05

Methylene Blue Active

Substance

(MBAS)

38260

0.5

Nitrates plus Nitrites as N

00630

10.0

Oil

(Hexane-solubles or

equivalent)

00550

0.1

Phenols

32730

0.001

Selenium

(total

01145

0.01

Sulfates

00945

250.

Total Dissolved

Solids

00515

500.

(c)

Other contaminants that will not be adequately re-

duced by the treatment processes noted in~paragraph

(a)

of this Rule shall

not be present in concentrations

hazardous to human health.

205

Restricted Use Standards.

Waters designated

in Part III of this Chapter

for

Restricted Use

shall meet the following standards:

(a)

Freedom from unnatural sludge or bottom deposits,

floating debris, visible oil,

odor, unnatural plant or

algal growth, or unnatural color or turbidity.

(b)

pH

(STORET number

-

00400)

shall be within the range

of

6.0

to 9.0 except for natural causes.

(c)

Dissolved oxygen

(STORET number

-

00300)

shall not

be less than

3.0 mg/i during

at least 16 hours in

any 24—hour period,

nor

less than

2.0 mg/l at any

time.

(d)

Based on

a minimum of five samples taken over not

more than a 30—day period,

fecal coliforms

(STORET

number -31616)

shall not exceed

a geometric mean

of

1,000 per

100 ml,

nor

shall more

than

10

of the samples

during any 30-day period exceed

2,000 per

103 ml.

4

—

14

---

(e)

Concentrations

of other substances shall not exceed

the applicable effluent standards prescribed

in

Part

IV of

this Chapter.

(f)

Temperature

(STORET numbers

-

(°F) 00011 and

(°C)

00010) shall not exceed

930

F

(34°C)more than

5

of

the time,

or 100°F (37.8°C) at any time.

206

Lake Michigan.

The Waters

of Lake Michigan shall meet the following

standards

in addition to the General

and Public

and Food

Processing Water Supply Standards:

(a)

Dissolved oxygen

(STORET number

-

00300)

shall

not be

less than

90

of saturation except due to natural

causes.

(b)

pH

(STORET number -00400)

shall be within the range of

7.0

to 9.0 except for natural causes.

(c)

The following levels

of chemical constituents

shall not be

exceeded.

CONSTITUENT

STOP.ET NUMBER

CONCENTRATION

(mg,’l)

Ammonia Nitrogen

Chloride

Sulfate

Phosphorus

(as

P)

00610

00540

00945

00665

0.02

12.0

24.0

0.007

Total Solids

(Dissolved)

00515

180.0

(d)

Based on

a minimum of five samples taken over not

more than

a 30-day period,

fecal coliforms

(STORET

number

—

31616)

shall not exceed

a geometric mean

of

20 per

100 ml.

(e)

Temperature

(STORET numbers

-

(°F) 00011 and

(°C)

00010)

(1)

(A)

All sources of heated effluents

in existence

as

of January

1,

1971 shall meet

the following

restrictions

outside of

a mixing zone which

shall be no greater than

a circle with

a

radius

of

1000 feet or an equal fixed

area of simple

form.

—

15

---

(i)

There shall be no abnormal temperature

changes that may affect aquatic

life.

(ii)

The normal daily and seasonal

temperature fluctuations that

existed before the addition of

heat shall be maintained.

(iii)

The maximum temperature rise at

any time above natural temperatures

shall

not. exceed 3°F.

In addition,

the water temperature shall not

exceed the maximum limits

(°F.)

indicated in the following table:

Jan.

Feb.

Mar.

Apr.

May

June

July

Aug.

Sept.

Oct.

Nov.

Dec.

45

45

45

55

60

70

80

80

80

65

60

50

(B)

The owner or operator of

a source of heated

effluent which discharges

0.5 billion British

Thermal Units per hour

(BTU/HR.)

or more

shall demonstrate in

a hearing before this

Board not less than

5 nor more

than six

years after

the adoption of this~regulation,

that discharges from that source have not

caused and cannot be reasonably expected

in future to cause significant ecological

damage to the Lake.

If such proof is not

made to the satisfaction

of

the Board,

backfitting of alternative cooling devices

shall be accomplished within

a reasonabl~e

time as determined by the

Board.

(C)

The owner or operator of

a source of heated

effluent shall maintain such records

and

conduct such studies of the effluents from

such

source- arid of their effects as may

be required by

the Environmental Protection

Agency or in any permit granted under

the

Environmental Protection Act.

(D)

Backfitting of alternative cooling facilities

will be required

if, upon complaint filed

in accordance wth Board rules,

it

is found

at

any time that any heated effluent causes

significant ecological damage

to the

Lake.

4

—

16

---

(2)

Any effluent source under construction

as of

January

1,

i97l, but

not in operation,

shall meet

all the requirements

of Section

1 of this regulation

and in addition shall meet the following restrictions

(A)

Neither the bottom,

the shore,

the

hypolimnion,

nor the thermocline shall

be affected by any heated effluent.

(B)

No heated effluent shall affect spawning

grounds or fish migration routes.

(C)

Discharge structures shall be so designed

as to maximize short—term mixing and thus

to reduce the area significantly raised

in temperature.

(D)

No discharge

shall exceed ambient temperatures

by more

than 20° F.

(E)

Heated effluents from more than one source

shall

not

interact.

(F)

All reasonable steps shall be taken

to reduce the

number

of organisms drawn

into or against the intakes.

(G)

Cleaning of condensers shall be accomplished

by mechanical devices.

If

chemicals

must he used to supplement mechanical

devices,

the concentration at the point

of discharge shall not exceed the 96-hour

TLm for fresh water organisms.

(3)

(A)

No source

of heated effluent which was

not

in operation or under construction

as

of January

1,

1971 shall discharge

more than

a daily average of 0,1 billion BTU/Hr

(B)

Sources

of

heated

effluents

which

discharge

less

than

a daily average of 0.1 billion

BTU/Hr.

not in operation or under

construction

as of January

1,

1971

shall meet all requirements

of sections

1 and

2 of this regulation.

4—

17

---

207

Underground Waters.

The underground waters

of Illinois which are a present

or

potential source of water for public or food processing

supply shall meet the General and Public and Food Processing

Water Supply standards except due to natural causes.

208

Nondegradation,

Waters whose existing quality is better than the established

standards at the date of their adoption will be maintained

in their present high quality.

Such waters will not be

lowered in quality unless and until it

is affirmatively

demonstrated that such change will not interfere with or

become injurious

to any appropriate beneficial uses made

of,

or presently possible

in such waters

and that such change

is justifiable as

a result of necessary economic or social

development.

PART III:

WATER USE DESIGNATIONS

This part of the rules

and regulations concerning water pollution

designates

the water uses for which particular waters of the State

are

to be protected.

Waters designated

for specific uses must

meet the most restrictive standards listed in Part II of this

Chapter for any specified use,

in addition to meeting the

General Standards.

301

General Use Waters.

All waters of the State of Illinois

are designated for

general use except those designated

as Restricted

Use Waters.

302

Restricted Use Waters.

The

following

are

designated

as

restricted

use

waters:

(a)

The Chicago Sanitary and Ship Canal;

(b)

The Calumet-Sag Channel;

(c)

The Little Calumet River from its junction with the

Grand Calumet River to the Calun~et-SagChannel;

4

—

18

---

(d)

The Grand Calumet River;

(e)

The

Calumet

River;

(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;

(j)

The North Shore Channel, except that dissolved

oxygen

in

said

Channel

shall

be

not

less

than

5 mg/l during

16

hours of any

24

hour

period,

nor

less

than

4

mg/l

at

any

time;

(k)

All

waters

in

which,

by

reason

of

low

flow

or other conditions,

a diversified aquatic

biota

cannot

be

satisfactorily

maintained

even

in

the

absence

of

contaminants.

303

Public

and

Food

Processing

Water

Supply.

All

waters

of

Illinois

are

designated

for

Public

and

Food

Processing

Water

Supply

use

except

those

designated

as Restricted Use Waters,

and except for

the

following:

(a)

The

Chicago

River;

(b)

The

Little

Calumet

River.

PART

IV:

EFFLUENT

STANDARDS

(see additional provisions

adopted Jan.

6,

1972)

404

Deoxygenating Wastes.

4-i~

---

Except as provided in Rule 602

of this Chapter,

all effluents

containing deoxygenating wastes shall meet the following

standards:

(a)

On

and

after

July

1,

1972,

or

such

earlier

date

as

may

have been specified

in Rules

and Regulations

SWB-7

through SWB-l5,

no effluent

shall exceed

30 mg/l of

five-day biochemical’ oxygen demand

(BOD5)

(STORET

number

00310)

or

37

mg/i

of

suspended

solids

(STORET

number

)

,

except as follows:

(i)

sources discharging

to the Mississippi or Ohio

Rivers shall comply with this paragraph

(a)

by December

31,

1973;

and

(ii)

sources discharging to the Wabash River may dis-

charge up

to

40 mg/l of BOD5

and 45 mg/i

of

suspended solids until December 31,

1974.

(b)

On and after July

1,

1972,

or such earlier date as

may have been specified

in Rules

and Regulations

SWB—7

throught

SWB-l5,

no

effluent

from

any

source

whose untreated waste

load is 10,000 population

equivalents

or

more,

or

from

any source discharging

into the Chicago River System or into

the Calumet

River

System,

shall

exceed

20

mg/l

of

BOD5’

or

25

mg/I

of suspended solids,

except as follows:

(i)

5ources discharging to the Mississippi or Ohio

Rivers shall comply with this paragraph

(b)

by

December

31,

1973; and

(ii)

sources

discharging

to

the

Illinois

or

Wabash

Rivers,

or

to

the

DesPlaines

River

downstream

from its confluence with the Chicago Sanitary

and

Ship Canal,

shall comply with

this

paragraph

(b)

by December

31,

1974.

(c)

On or after December

31,

1973, no effluent whose dilution

ratio is less than

five to one

shall exceed

10 mg/l

of BOD5 or

12 mg/l of suspended solids, except as

follows:

4

—

20

---

(1)

sources within the Metropolitan Sanitary

District of Greater Chicago whose untreated

waste

load

is

.500,000 population equivalents

or more

shall comply with this paragraph

(c)

by

December

31,

1977;

(ii)

sources whose dilution ratio

is

two to one

or more but less than

five to one shall

comply with this paragraph

(c)

by December

31,

1974;

(iii)

sources employing third-stage treatment lagoons

shall be exempt from this paragraph

Cc)

,

provided

all

of

the following conditions

are met:

(A)

the untreated waste load

is

less than

2500 population equivalents;

and

(B)

the source

is sufficiently isolated that

combining with other sources to aggregate

2500 population equivalents

or more

is not

practicable;

and

(C)

the lagoons

are properly constructed,

maintained,

and operated;

and

(D)

the effluent does not,

alone or in

combination with other sources,

cause

a

violation of applicable water quality

standards.

Cd)

On or after December

31,

1974,

no effluent discharged

to the

Lake Michigan basin

shall exceed

4 mg/l of BOD5

or

5 mg/l of suspended solids.

(e)

On or after December

31,

1977,

no effluent

from any

source whose untreated waste load

is 500,000 population

equivalents

or more shall exceed

4 mg/l of BOD5 or

5 mg/i

of suspended solids.

(f)

Except

as provided

in paragraphs

(d)

and

Ce) of this

Rule 404, on or after December

31,

1973, no effluent

whose dilution ratio

is

less than one to one

shall

exceed

4

mg/l

of

BOD5

or

5

mg/i

of

suspended

solids,

except as follows:

(i)

sources exploying third—stage treatment lagoons

shall be exempt

from this paragraph

(f)

,

provided

all

of the conditions

of subparagraph

(c)(iil)

of this

Rule

404 are met.

(ii)

Other sources not within paragraphs

Cd)

and

Ce)

of this Rule

404 shall be exempt from this paragraph

—71

---

(f)

provided all of the following conditions

are

met:

(A)

the

effluent

shall

not,

alone

or

in

combination

with other sources,

cause

a violation

of

any applicable water quality standard;

and

(B)

the effluent shall not,

alone or

in combination

with other

sources,

cause dissolved oxygen

in

the waters of the State

to fall below

6.0

mg/l during

at least

16 hours

of any 24-hour

period,

or below

5.0 mg/i at any

time; and

(C)

the effluent shall not exceed 10 mg/I of

BOD5 or

12 mg/l of suspended solids;

and

(D)

on or before Sept.

1,

1972,

the owner

or

operator of such source shall file with

the

Agency the Project Completion Schedule re-

quired by Rule

1002

of this Chapter.

In

addition

to

the

requirements

of

Rule

1002,

such schedule shall include

a program for

achieving compliance with

the above con-

ditions and with applicable water quality

standards,

including,

but

not

limited

to,

dissolved oxygen,

bottom deposits, ammonia

nitrogen,

and phosphorus, with particular

reference

to

nitrogenous

oxygen

demand

and

to

the

control

of

stormwater

overflows;

and

(E)

the Agency finds that the program will within

the compliance dates otherwise applicable

assure compliance with the conditions of

this subparagraph.

(g)

Notwithstanding

any other provision

of this Rule,

any source

affected by

this Rule

404 and relying in good faith upon the

dilution rules

of Rules

and Regulations

SWB-7 through SWB-15

to comply with applicable effluent standards need not comply

with the dilution standard of Rule

401(a)

until Dec.

31,

1974.

(h)

Complianc~with the numerical standards in this Rule 404

shall

be determined

on the basis of 24—hour composite

samples

averaged over

any consecutive 30-day period.

In addition,

no more

than

5

of

the samples collected shall exceed

2.5

times

the numerical limits prescribed by

this

Rule.

405

Bacteria.

No effluent shall exceed 400

fecal coliforms per

100 ml

after

July

31,

1972,

or such concentrations

as may have been

presecibed for earlier dates by SNB-7 through SWB-15..

4

—

22

---

—19—

PART

V:

MONITORING AND REPORTING

This

part

of

the

rules

and

regulations concerning water pollution

prescribes

requirements

for

monitoring, reporting and measuring

contaminant

discharges.

501

Reporting

Requirements.

(a)

Every person discharging.~effluents

to the waters of

Illinois shall submit operating reports to the Agency

at

a frequency to be determined by the Agency.

Such

reports shall contain information regarding the

quantity of influent and of effluent discharged,

of wastes bypassed, and of combined sewer overflows;

the concentrations of those physical, chemical,

bacteriological and radiological parameters which

shall be specified by the Agency;

and any additional

information

the Agency may reasonably require.

(b)

Every person within this State who utilizes mercury

or any of its compounds in excess of

15 pounds per

year as Hg shall file with the Agency, on or before

June

1,

1971 and annually thereafter,

a report setting

forth

the nature of the enterprise;

a

list, by

type

and by quantity of mercury products and mercury

derivatives produced, use in,

and incidental to

its processes, including by-products and waste products;

the estimated concentrations and annual total number

of pounds of mercury that will be discharged into the

waters of the State or that will be discharged into

any

sewer system;

and what measures are taken or

proposed to be taken

to reduce or to eliminate

such discharges.

CR 70—5 adopted March

31,

1971).

502

Effluent Measurement.

In order to facilitate the ability of the Agency to

conduct

its inspecting and investigating responsibilities

as described

in Section

4

Cd)

of the Act,

all effluent

discharged sewers, pipes or outfalls shall be designed or

modified so that a sample of the effluent can be obtained

at a point after the final treatment process and before

discharge to or mixing with any waters

of the State.

All treatment works shall include such devices for taking

samples

and for measuring and recording effluent flow as

the Agency may reasonably require.

PART VI:

PERFORMANCE

CRITERIA

601

(adopted Jan.

6,

1972)

602

Combined Sewers and Treatment Plant Bypasses.

(a)

The installation of new combined sewers is prohibited,

except where sufficient retention or treatment capacity

is provided to ensure that no violation of the effluent

standards in Part IV of this Chapter occurs.

4

—

23

---

(b)

Excess infiltration

into sewers shall be eliminated,

and the maximum practicable flow shall be conveyed

to treatment facilities.

Overflows from sanitary

sewers

are expressly prohibited.

(c)

All combined sewer overflows and treatment plant

bypasses shall be given sufficient treatment to

prevent pollution or the violation

of applicable

water quality standards.

Sufficient treat-

ment shall consist of the following:

(1)

All dry weather flows,

and the first flush

of storm flows as determined by the Agency, shall

meet

the applicable effluent standards;

(2)

Additional flows,

as determined by the Agency

but not

less than ten times the average dry

weather flow for the design year, shall receive

a minimum of primary treatment and disinfection

with adequate retention time;

(3)

Additional treatment,

through retention and re-

turn of excess flows

to the treatment plant or

otherwise,

shall be provided when required to

achieve compliance with water quality standards.

(d)

Compliance with paragraph

(c)

of this Rule

602 shall

be achieved on or before the following dates:

(1)

All treatment plant bypasses, by the applicable

date for improvement of treatment works under

Part IV of this

Chapter;

(2)

All combined

sewer overflows within the Metropolitan

Sanitary

District

of

Greater

Chicago,

by

December

31,

1977;

(3)

All other combined sewer overflows, by December

31,

1975.

603

Intake

Structures.

New

water

intake

structures

on

waters

designated

for

General

use, whose construction begins after the effective date

of this Chapter, shall be so designed as to minimize harm

to fish and to other aquatic orqanisms.

604

New Connections.

(to be published separately)

4

—

24

---

PART VII:

SEWER DISCHARGE CRITERIA

This part of the rules

and regulations concerning water pollution

places certain restrictions

on the types

,

concentrations and

quantities of contaminants which

can be discharged

into sewer

systems

in the

State.

701

General Requirements.

Any

wastes

discharged

to

any

sewer

owned

by

any

municipality,

any

county,

or any sanitary district in

the State of

Illinois

shall

meet

the

following

criteria

in

addition

to

any established by the municipality,

county,

or sanitary

district

itself:

(a)

liquids,

solids,

or

gases

which

by

reason

of

their

nature or quantity may cause

fire or explosion; or

be

injurious

in

any

other

way

to

sewers,

treatment

works structures

or to the operation

of the treat-

ment works;

or cause

a safety hazard to the personnel

operating the treatment works, or cause the effluent

from the treatment works

to violate applicable

effluent standards are prohibited;

(b)

solid or viscous wastes which cause obstruction

to

the

flow

in

sewers

or

other

interference

with

the

proper operation of any sewer or treatment works are

prohibited.

702

Mercury

(STORL1~number

-

71900)

CR 70-5 adopted March

31,

1971)

(a)

No effluent

to any public sewer system shall in-elude

mercury or any of

its compounds in excess of 0.0005

mg/i

as

Hg

at

any

time.

4

—25

---

---

---

(3)

Any

other

device

determined

by

the

Agency

to

provide

an

effluent

which

meets

the

effluent

criteria

of

this

Chapter.

802

Contaminated Bilge or Ballast Waters.

No

bilge

or

ballast water which fails to meet

the effluent

standards

of

this

Chapter

shall

be

discharged

to

the

waters

of

the

State.

4

—

28

---

PART

IX:

PERMITS

This part establishes basic rules fortheissuance

of permits

for the construction, modification, and operation

of treatment

works,

sewers, wastewater sources and other discharges.

901

Construction Permits

(a)

No person ~hall cause or allow the construction of

any new treatment works, sewer,

or wastewater source

or cause

or allow the modification of any existing

treatment works,

sewer,

or wastewater source without

a Construction Permit issued by the Agency,

except

as provided in paragraph

(b).

(b)

Construction Permits shall not be required for the

following:

(1)

storm sewers that transport only

land runoff;

or

(2)

any treatment works, sewer,

or wastewater source

that

is designed and intended to serve

a single

building and eventually transport,

treat,

or dis-

charge the sewage of

15 or

less persons;

or

(3)

any treatment works, sewer,

or wastewater source

that,

on the effective date

of this

Part,

is

being constructed or will be constructed under

the authorization of a Permit already issued

by the Agency or its predecessors; provided

however,

that all construction must be completed

within

three

years

from

the

effective

date

of

this Part.

902

Operating

Permits:

New

or

Modified

Treatment

Works,

Sewers

and

Wastewater

Sources.

No

person

shall

cause

or

allow

the

use

or

operation

of

any

treatment

works,

sewer,

or

wastewater

source

for

which

a Construction Permit

is required under

Rule

901 without

an Operating Permit issued by the Agency, except for such

testing operations

as may be authorized by the Construction

Permit.

903

Operating Permits:

Existing Treatment Works and Wastewater

Sources

(a)

No

person

shall

cause

or

allow

the

use

or

operation

of

any

treatment

works

or

wastewater

source

after

December

31,

1972

without

an

Operating

Permit

issued

by

the Agency, except as provided

in paragraphs

(b),

(c)

and

(d).

4

—

29

---

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4’i

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r

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Z.’t

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flit

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~n

‘-

?O

---

906

Joint Construction and Operating Permits

In cases where the Agency determines that a prop3sed

treatnent

works,

sewer,

or

wastewater

source

is

sufficiently

standard

so

as

to

o~viate the

need

for

separate

Construction

and Operating Permits, the

Agency

may

issue

a

Joint

Construction

and

Operating

907

Exoerimental

Permits

(a)

In

order

to

promote

the

development

of

water

pollu-

tion

control

technology,

the

Agency

may

issue

Experi-

mentalpermits for treatnent

processes

or

techniques

that

do

not

satisfy

the

Standards

for

Issuance

set

forth in Rule 921, provided that the applicant submits

clear,

cogent

and

convincing

proof

that

the

process

or technique has a reasonable

and

substantial chance

for success.

(b)

The

existence

of

a

valid

Experimental

Permit

shall

constitute

a

prima

facie

defense

to

any

action

brought

against

the

Permittee

for

a

violation

of

this

Chapter,

but only to the extent that such action is based on

the failure of the process or technique, during the

period

of validity of the Permit, to meet the effluent

limitations or water quality standards of this Chapter.

908

Former’ Permits

The

issuance

of

any

Permit

by

the

Agency

or

any

predecessor

prior to the effective date of this Part will not excuse

compliance

with

the

requirenents

for

obtaining

Operating

Permits

as

set

forth

in

Rules

903, 904 and 905.

911

Applications

—

Contents

(a)

All

applications

for

any

Permit

required

under

this

Part

shall

contain,

where

appropriate,

the

following

information

and

documents:

(1)

a

complete

descripticn

of

the

volume

and

nature

of

the

wastewater

influent

and

effluent

to

be

transported,

treated

or

discharged,

including

a

statement

as

to

the

presence

or

absence

of

all

contaminants for whic~ieffluent or water quality

standards are set by this Chapter; and

(2)

a

description

of

the

present

condition

of

the

receiving

body

of

water on such receiving body of water; and

(3)

a statement

as

to

any

projected

changes

in

ti’s

4—31

---

volume

or

nature

of

the

wastewater

which

the

applicant

desires

to

have

included

within

the

terms

of

the

Permit;

and

(4)

a

description

o~ the

geographic

location

of

the

facility

or

source,

and

its

interrelation

with

any

existing

or

proposed

treatment

works,

sewer,

or

wastewater

source

which

will

transport,

treat,

or

discharge

the

same

wastewater;

and

(5)

plans

and

specifications,

prepared

by

a

registered

professional

engineer,

fully

describing

the

design,

nature,

function and interrelationship of each

individual

component

of

the

facility

or

source;

and

(6)

a

statement

identifying

and

justifying

any

de-

parture from current design criteria promulgated

by

the

Agency.

(b)

The

Agency

may

adopt

procedures

requiring

such

additional

information

as

is

necessary

to

determine

whether

the

treatment

works,

sewer,

or

wastewater

source

will

meet

the

requirements

of

the

Act

and

this

Chapter.

(c)

The

Agency

may

prescribe

the

form

in

which

all

information

required

under

this

Rule

shall

be

submitted.

912

Applications

-

Signatures

and

Authorizations

(a)

All

Permits

applications

shall

be

signed

by

the

owner

of

the

treatment

works,

sewer,

or

wastewater

source

or

the

owner’s

duly

authorized

agent,

and

shall

be

accompanied

by

evidence

of

authority

to

sign

the

application.

(b)

Permit applications

for sewer construction

or modi-

fication

shall

be

accompanied

by

signed

statements

from

the

owners

of

all

intermediate

receiving

sewers

and

the

receiving

treatment

works

certifying

that

their facilities

have adequate capacity to transport

and/or

treat

the

wastewater

that

will

be

added

through

the proposed sewer without violating any provisions

of the Act and this Chapter.

913

Applications

-

Registered or Certified Mail

All Permit applications shall be mailed or delivered to

the

appropriate address designated by the Agency.

Any applica-

tion or revised application sent by mail shall be sent by

registered or certified mail, return receipt requested.

4—32

---

Applications which are hand-delivered shall be delivered

to and receipted

for by any authorized person employed

in the Permit Section of the Agency’s Division

of Water

Pollution Control.

914

Applications

-

Time

to Apply

Any person required to have

a Permit must

file an application

with the Agency at least 90 days before the date on which the

Permit is required.

915

Applications

-

Filing and Final Action by Agency

(a)

An

application

for

Permit

shall

not

be

deemed

to

be

filed

until

the

Agency

has

received,

at

the

designated

address,

all information, documents,

and authorizations

in

the

form

and

with

the

content

required

by

Rules

~l1—9l3

and related Agency procedures.

Provided,

however,

that if

the Agency fails

to notify the

applicant within

30

days after the filing of

a purported

application that the application is incomplete and

of

the

reason

the

Agency

deems

it

incomplete,

the

application shall be deemed to have been

filed as

of

the

date

of

such

purported

filing.

The

applicant

may treat the Agency’s notification that an application

is

incomplete

as

a

denial

of

the

application

for

purposes

of

review.

(b)

If

the

Agency

fails

to

take

final

action,

by

granting

or denying

the Permit as requested or with conditions,

within

90

days

from

the

filing

of

the

application,

the

applicant

may

deem

the

Permit

granted

for

a

one—

year p-~iodcommencing on the 91st day after the application

was

filed.

(c)

Any applicant for

a Permit may waive the requirement

that

the

Agency

must

take

final

action

within

90

days

from

the

filing

of

the

application

(d)

The Agency shall

send all notices of final action

by registered

or certified mail, return receipt re-

quested.

(e)

The

Agency

shall

be

deemed

to

have

taken

final

action

on

the

date

that

the

notice

is

mailed.

4

—

33

---

921

Standards

for

Issuance

The Agency

shall not grant any Permit required by

this

Part,

except

an

Experimental

Permit

under

Rule

907,

unless

the applicant submits adequate proof

that the treatment

works,

sewer,

or wastewater

source:

(a)

will be constructed, modified,

or operated so

as

not to cause

a violation of the Act or of this Chapter,

or has been granted a variance under Title IX of the

Act;

and

(b)

either conforms

to the design criteria promulgated

by

the

Agency

under

Rule

931,

or

is

based

on

such

other

criteria

which

the

applicant

proves

will

produce consistently satisfactory results;

and

(c)

conforms

to all conditions contain~

~n

the Construc-

tion

Permit,

where

applicable;

and

(d)

if subject to

a future compliance date,

the applicant

has

an approved Project Completion Schedule

in accor-

dance with

the provisions of Rule 1002.

922

Duration of Permits

(a)

Construction Permits:

Construction Permii~sfor sewers

and wastewater sources shall require that construction

be completed within

two years.

Construction Permits

for treatment works

shall require that construction

be completed within three years.

In situations

where the magnitude and complexity of

the project

require

it,

the Agency may issue

a Construction

Permit

requiring completion within

a period not to exceed

five

years.

(b)

Operating Permits:

All Operating Permits other than

those issued under Rule

902 for newly constructed

sewers shall have

a duration not to exceed five

years.

The Agency may issue Operating

Permits having

a duration as short as one year in order to facilitate

basin planning,

to coordinate Operating Permits

with

future

compliance

deadlines

and

to

maintain

intensive control

over new or experimental

processes.

4— 34

---

923

Conditions

In addition

to specific conditions authorized under this

Part,

the Agency may impose

such conditions

in any Permit

issued pursuant

to this Part as may be necessary

to

accomplish

the purposes of the

Act or this Chapter, provided

such conditions are not inconsistent with this Chapter.

924

anpeals from Conditions

in Permits

An applicant may consider any condition imposed by the

Agency

in a Permit

as

a refusal by the Agency to grant

~ Permit, which

shall entitle

the apolicant to appeal the

Agency’s decision

to

the Board oursuant

to Section

40

of

the Act.

925

Permit No Defense

ExceT’t

as provided in Rule 907,

the issuance and possession

of

a Permit under this Part shall not constitute

a defense

Lo

~ violation

of the Act or this Chapter, except for

construction or operation without

a permit.

931.

Design, Operation

and Maintenance Criteria

(a)

The Agency may adopt procedures which set

forth criteria

for

the design,

operation, and maintenance

of treatment

works,

sewers,

and wastewater

sources.

These procedures

shall be revised from

time to time

to reflect current

engineerin~ judgment and advances

in

the state of the

art.

(b)

Before adopting new criteria or makincr substantive changes

to any criteria adopted by the Agency,

the Agency shall:

(1)

publish

a summary of

the proposed changes

in

the Board Newsletter

or a comparable publica-

tion,

at

the Agency’s expense;

and

(2)

erovide

a copy

of the

full text of the proposed

changes

to

any person who in writing so requests;

and

(3)

defer adoption of the changes

for

45

days

from

the date of publication to allow submission and

consideration of written comments on the proposed

changes.

4

—

35

---

941

Modification

of

Permits

Any

permit

issued

by

the

Aqency

m~~’

bc

m

~d

f

o~

to

m~o

its

provisions

comoatible

v’i

th

my

now

reqo

1

~

~

;ido~~t

ci

by

the

Board.

942

Permit Revocation

Violation

of

the conditions of

a

Permit,

~J

the

provis

ions

of

this

Part

sha

1

1

b~

i

by the Agency of

the Permit,

in

a(dLI-.L.

~oth~r.

ito:~-i~

provided by

the Act.

Such sarrt

I

he

by

filing

a complaint with t~h~

Bn:trcl,

951

Approval of Federal Perm~t~

The Agency

shall not approve

an~:.

t1 sort

ni

no:b~rqc

tr

the purposes of any

federal

~nern.i: nrrs

thi~

discharg’~

in compliance with all nrovis~ni.~

Lb

Ace

anb

this

Chaytor,

or has been granted

a

vareanre

ii~

Icr

T: ~ Ic

IX of

the

Act..

961

Hearings

(a)

The

Agency

may

conduct

bo~mr~oq~

rice

to

issuinq

a

Permit

pursuant

to

thi~- Part,

to determine

whether

an

applicant

has

submitted

orool

that

the

treatment

works, sewer,

or wastewater source

is or will

be

in

compliance with the Act

and

thi-i

Charter.

(b)

The Agency shall adopt proceclur:ml ro~uimtions br

the

conduct

of such hearings, which cegulations shall

be

effective

upon

filing

with

th

S~cretary

of

State.

Revisions

to

such

procedurmi

r~qoiat:’ns

~dootcd

h

the

Agency

pursuant

to

tb:;

mrsnra;~shal1

take

effEco

in like manner.

971

Procedures

In

addition

to

procedures

moe

1

v

author

I zed

under

this Part,

the Aaency mir

~1~r

iLrrmulgate

all

procedures reasonably

necoss:ry

~c~rform its dutes

and responsibilities under

i1i~

Chapt

•r.

Such

~mocciduro

and

revisions

thereto,

sh;I

I

r~

hcomc

cf tective

until

filed

with

the

Index

Dlvi

ir’

h~

Off

c~

of

the

Seer’

of

State

as

requ

I red

b’

“An

A’~i

n’ seer

aeon

Administrative

Rules,’

approved

June

1.4,

195i

~n~’n3c?ci

4

—

36

---

PART

X:

IMPLEMENTATION

PLAN

This

part

requires

an

annual

waste

discharges

report

to

be

prepared by the Environmental Protection Agency and provides

for

the

filing

and

approval

of

programs

to

meet

future

deadlines.

1001

Waste Discharge Report.

The

Agency

shall

annually

prepare

and

submit

to the Board

a

Waste

Discharge

Report

which

lists

the

waste

discharges

in

the

State,

describes

the

type,

quantity

and

concentrations

of the various contaminants being discharged,

and describes

the existing and planned treatment controls and

the

scheduled dates for completion of treatment improvements.

1002

Project Completion Schedule.

(a)

Any

person

who

owns

or

operates

any

sewer

treatment

works

or

wastewater

source that requires modification

or additional controls

to meet

any applicable effluent

standard contained within this Part

shall file

a

Project

Completion

Schedule

with

the

Agency.

The

Project Completion Schedule shall include

a description

of the wastewater

source,

the contaminants

to be con-

trolled,

the additional controls or treatment required,

and

a time schedule for

the project’s completion which

must meet the applicable deadlines,

as well

as interim

dates by which various increments of the proposed

compliance program shall be completed,

such as dates

when

plans

and

specifications shall be completed, dates

when contracts will be awarded, dates

for equipment

delivery,

and

dates

for the commencement

of construction.

The approval by the Agency of

a Project Completion

Schedule

and

compliance

therewith

shall

constitute

a prima facie defense to any enforcement action

respecting the requirements whose compliance the

program is designed to achieve, during the period

of the program.

(b)

Project Completion Schedules shall be filed

in accord-

ance with

the following timetable:

(i)

For compliance with Rules

407

and 408, the schedule

shall

be

filed

no

later

than

July

1,

1972;

(ii)

In

other cases

in which compliance with effluent

standards

is required by December

31,

1973,

the schedule shall be filed no later than Sept.

1,

1972;

4

—

37

---

(iii)

Where compliance with effluent standards

s

required

at

a

date

later

than

December

1973, the schedule shall be

filed no

ic

than December

31,

1972.

(c)

Failure to adhere to an approved compliance schedule

shall constitute

a violation

of this Part for ehich

appropriate sanctions may be sought in accordance

with

the Act.

I, Christan Moffett, Clerk of the Pollution Control Board, certify

that the Board adopted the above Opinion and Order this

T’

~

day of

,

1972, by

a vote of

~“-p

4

—

38