TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE C: WATER POLLUTION
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 392
GUIDELINES FOR NOTIFICATION OF
RESTRICTED STATUS OR CRITICAL REVIEW
PURSUANT TO 35 ILL. ADM. CODE 306.105
SUBPART A: INTRODUCTION
Section
392.101 Purpose
392.102 Definitions
SUBPART B: DETERMINATION OF RESTRICTED STATUS
Section
392.201 Scope and Applicability
392.202 Criteria for Placing Sewage Treatment Plants on Restricted Status
392.203 Criteria for Placing Sewers and Lift Stations on Restricted
Status
SUBPART C: DETERMINATION OF CRITICAL REVIEW
Section
392.301 Scope and Applicability
392.302 Criteria for Notification of Critical Review
SUBPART D: NOTIFICATION PROCEDURES
Section
392.401 Notification to Sanitary Districts or Other Authorities
392.402 Notification to the Public
AUTHORITY: Implementing Section 4(g) of the Environmental Protection Act
(Ill. Rev. Stat. 1981, ch. 111 1/2, par. 1004(g)) and 35 Ill. Adm. Code
306.105 and authorized by Section 39(a) of the Environmental Protection Act
(Ill. Rev. Stat. 1981, ch. 111 1/2, par. 1039(a)).
SOURCE: Filed December 22, 1975, effective January 1, 1976; codified at 7
Ill. Reg. 8840.
SUBPART A: INTRODUCTION
Section 392.101 Purpose
This policy constitutes the guidelines governing notification by the Agency
to sanitary districts and other wastewater treatment or transportation
authorities of Restricted Status or Critical Review. Definitions of
Restricted Status and Critical Review as well as the criteria utilized by
the Agency for determination of Restricted Status and Critical Review are
herein presented. The Agency shall notify sanitary districts, other
wastewater treatment or transportation authorities, and the public of
Restricted Status or Critical Review in accordance with the procedures
established herein.
Section 392.102 Definitions
"Agency" means the Illinois Environmental Protection Agency.
"Critical Review" shall be defined as the Agency determination,
pursuant to Section 39 of the Environmental Protection Act (Ill.
Rev. Stat. 1981, ch. 111 1/2, par. 1039) and 35 Ill. Adm. Code
309.241, that a sewer is approaching hydraulic capacity or that a
sewage treatment plant is approaching design capacity such that
additional sewer connection permit applications will require close
scrutiny to determine whether issuance would result in a violation
of the Act or Regulations.
"Restricted Status" shall be defined as the Agency determination,
pursuant to Section 39 of the Environmental Protection Act (Ill.
Rev. Stat. 1981, ch. 111 1/2, par. 1039) and 35 Ill. Adm. Code
309.241, that a sewer has reached hydraulic capacity or that a
sewage treatment plant has reached design capacity, such that
additional sewer connection permits may no longer be issued
without causing a violation of the Act or Regulations.
"Sewer Connection" means a sewer for which a construction permit
is required under 35 Ill. Adm.Code 309.202.
SUBPART B: DETERMINATION OF RESTRICTED STATUS
Section 392.201 Scope and Applicability
The guidelines given in this Subpart B will be used in determining
imposition of Restricted Status pursuant to the requirements of 35 Ill.
Adm. Code 306.105.
Section 392.202 Criteria for Placing Sewage Treatment Plants on Restricted
Status
The Agency may place a sewage treatment plant on Restricted Status when any
of the following conditions exists, as shown by Agency field inspections,
operational reports, records of permits issued, or other information:
a) Hydraulic overloading of the treatment plant as determined by a
comparison of the permitted design capacity of the plant with the
actual average monthly flows measured at the plant during the
three low-flow months in the preceding 12-month period, adjusted
to include all outstanding (permitted but not connected) permits
issued by the Agency, or other information on hydraulic loading of
the plant available to the Agency (i.e., water pumpage, recent
development, demographic and meteorological data, etc.);
b) Organic overloading of the treatment plant as determined by a
comparison of the permitted design capacity of the plant with the
actual average monthly loadings in the preceding 12-month period,
adjusted to include any and all outstanding (permitted but not
connected) permits issued by the Agency, or other information on
organic loading of the treatment plant available to the Agency
(i.e., water pumpage, recent development, demographic and
meteorological data, etc.);
c) Continuing violation of effluent limitations established by the
treatment plant's National Pollutant Discharge Elimination System
(NPDES) permit. Determination of violation of effluent
limitations shall be made in accordance with the sampling,
testing, and averaging procedures specified in the NPDES permit;
d) Operational neglect resulting in frequent bypassing of treatment
unit(s); or
e) An Illinois Pollution Control Board decision finding a violation
of Section 12(a) of the Environmental Protection Act (Ill. Rev.
Stat. 1981, ch. 111 1/2, par. 1012(a)).
Section 392.203 Criteria for Placing Sewers and Lift Stations on
Restricted Status
a) The Agency may place sanitary sewers and lift stations on
Restricted Status in order to prevent overflows as expressly
prohibited 35 Ill. Adm. Code 306.103(b). Restricted Status may be
imposed upon the confirmation of overflows in the form of basement
backups, overflows of sanitary sewer manholes, or sanitary sewer
overflow devices.
b) All combined and sanitary sewers and lift stations are subject to
Restricted Status when they become hydraulically overloaded,
meaning unable to accommodate the following flows:
1) Combined sewers and lift stations serving combined sewers
must be able to handle 350 percent of the average daily flow
(based on best available information) before overflowing.
2) Interceptors serving both combined sewers and sanitary sewers
must be able to accommodate 250 percent of the average daily
dry weather flow (based on best available information) from
the sanitary sewers tributary thereto and 350 percent of the
average daily dry weather flow from the combined sewers
tributary thereto before overflowing.
SUBPART C: DETERMINATION OF CRITICAL REVIEW
Section 392.301 Scope and Applicability
The guidelines given in this Subpart C will be used in determining the
applicability of Critical Review.
Section 392.302 Criteria for Notification of Critical Review
Notification of Critical Review is a warning that a Restricted Status
situation is imminent, unless corrective action is taken. A facility may
be placed on Critical Review whenever, based upon information available to
it, the Agency determines that the organic or hydraulic loading of any
facility is greater than 80% of the permitted or designed capacity of that
facility, as defined in Sections 392.203(a) and (b), and 392.204(b)(1) and
(2) of this Title 35.
SUBPART D: NOTIFICATION PROCEDURES
Section 392.401 Notification to Sanitary Districts or Other Authorities
The Agency shall notify sanitary districts or other wastewater treatment or
transportation authorities of Restricted Status or Critical Review by the
following procedures:
a) When the Agency decides that conditions warrant that a facility be
placed on Restricted Status or Critical Review, the Agency shall
send a letter stating the type of action proposed, the reasons for
such action, and a summary of supporting documentation to the
sanitary district or other wastewater treatment or transportation
authority responsible for the facility.
b) The sanitary district or other wastewater treatment or
transportation authority shall be given the opportunity to submit
additional relevant information and to meet with the responsible
permit engineers or to respond in writing.
c) If, after review of information or response offered by the
sanitary district or other wastewater treatment or transportation
authority, the Agency's determination remains unchanged, the
Agency shall send final notification of Restricted Status or
Critical Review, stating the meaning and reasons for the action,
to the sanitary district or other wastewater treatment or
transportation authority.
d) The facility thus classified will remain under such status until
such time as the Agency receives information of a change in
condition sufficient to warrant a revision of such status, or
until a revision in status is ordered by the Pollution Control
Board. The Agency shall send notice of any revision is status to
the sanitary district or other wastewater treatment or
transportation authority.
Section 392.402 Notification to the Public
The Agency shall prepare at intervals of not more than three months:
a) A comprehensive and up-to-date list of sanitary districts and
other wastewater treatment or transportation authorities then
subject to Restricted Status on further sewer connections, and a
list of those which are then under Critical Review by the Agency.
b) Such lists shall include the name of the affected facility, the
responsible authority, and an estimate of the affected facility's
capacity. The Critical Review List shall also include the amount
of population equivalent added according to Agency permit records
since publication of the previous list.
c) All such lists shall be made available without charge to any
person upon request and shall be published in the Pollution
Control Board's Environmental Register.