TITLE 35: ENVIRONMENTAL PROTECTION

TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE C: WATER POLLUTION
1. CHAPTER I: POLLUTION CONTROL BOARD

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE C: WATER POLLUTION

CHAPTER I: POLLUTION CONTROL BOARD

PART 306

PERFORMANCE CRITERIA

SUBPART A: SYSTEMS RELIABILITY

Section

306.101 Preamble

306.102 Systems Reliability

306.103

Combined Sewers and Treatment Plant Bypasses (Renumbered)

306.104

Intake Structures (Renumbered)

306.105

New Connections (Renumbered)

SUBPART B: INTAKE STRUCTURES

Section

306.201 Intake Structures

SUBPART C: COMBINED SEWERS AND TREATMENT PLANT BYPASSES

Section

306.302

Expansion of Combined Sewers

306.303 Excess Infiltration

306.304 Overflows

306.305

Treatment of Overflows and Bypasses

306.306 Compliance Dates

SUBPART D: EXCEPTION PROCEDURE

Section

306.350 Preamble

306.351

Notification and Submittals by Discharger

306.352

Notification by Agency

306.360

Joint or Single Petition for Exception

306.361

Justification of Joint Petition

306.362

Justification of Single Petition

306.363

Contents of Joint Petition

306.364

Contents of Single Petition

Final Date for Petitions

306.374 Other Proceedings

SUBPART E: NEW CONNECTIONS

Section

306.401

Publication of Lists

306.402 Restricted Status

306.403 Critical Review

306.404

Notification of Individuals Requesting Corrections

306.405

Notification of Restricted Status or Critical Review

306.406 Appeal

306.407 Effective Date

SUBPART F: SITE SPECIFIC RULES AND EXCEPTIONS

Section

306.501

East St. Louis-Sauget Site-Specific Discharges

306.502

Alton Combined Sewer Overflow Discharges

306.503

Havana Site-Specific Discharges

Appendix A

References to Previous Rules

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

Environmental Protection Act. (Ill. Rev. Stat. 1987, ch. 111 1/2, pars. 1027 and

1013).

SOURCE: Filed with the Secretary of State January 1, 1978; amended at 3 Ill. Reg. 25,

p. 190, effective June 21, 1979; codified at 6 Ill. Reg. 7818; amended at 7 Ill. Reg.

5682, effective April 19, 1983; amended at 8 Ill. Reg. 1607, effective January 18, 1984;

amended at 8 Ill. Reg. 3691, effective March 14, 1984; amended in R82-7 at 12 Ill.

Reg. 11229, effective June 15, 1988; amended in R88-25 at 14 Ill. Reg. 9449, effective

June 4, 1990.

SUBPART A: SYSTEMS RELIABILITY

Section 306.101 Preamble

This part contains specific requirements and prohibitions concerning existing and

potential sources of water pollution. Unless the contrary is clearly indicated, all

references to "Parts" or "Sections" are to Ill. Adm. Code, Title 35: Environmental

Protection. For example, "Part 309" is 35 Ill. Adm. Code 309, and "Section 309.101" is

35 Ill. Adm. Code 309.101.

Section 306.102 Systems Reliability

a) Malfunctions: All treatment works and associated facilities shall be so

constructed and operated as to minimize violations of applicable standards

during such contingencies as flooding, adverse weather, power failure,

equipment failure, or maintenance, through such measures as multiple

units, holding tanks, duplicate power sources, or such other measures as

may be appropriate.

b) Spills: All reasonable measures, including where appropriate the provision

of catchment areas, relief vessels, or entrapment dikes, shall be taken to

prevent any spillage of contaminants from causing water pollution.

Section 306.103 Combined Sewers and Treatment Plant Bypasses

(renumbered)

(Source: Section 306.103 renumbered to Sections 306.302 through 306.306 at 7 Ill. Reg.

5682, effective April 19, 1983)

Section 306.104 Intake Structures (renumbered)

(Source: Section 306.104 renumbered to Section 306.201 at 7 Ill. Reg. 5682, effective

April 19, 1983)

Section 306.105 New Connections (Renumbered)

(Source: Section 306.105 renumbered to Sections 306.401 through 306.406 at 7 Ill. Reg.

5682, effective April 19, 1983)

SUBPART B: INTAKE STRUCTURES

Section 306.201 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 organisms.

(Source: Section 306.201 renumbered from Section 306.104 at 7 Ill. Reg. 5682,

effective April 19, 1983)

SUBPART C: COMBINED SEWERS AND TREATMENT PLANT BYPASSES

Section 306.302 Expansion of Combined Sewers

The expansion of existing or establishment of new combined sewer service areas is

prohibited, except where the Agency has determined from the permit application the

following:

a) The combined sewer service area has adequate treatment or retention

capacity to ensure that the effluent limitations of 35 Ill. Adm. Code 304

and the provisions of the Act are not violated;

b) Any anticipated increased flow will not overload connecting segments of

the combined sewer system;

c) Increased flow shall not aggravate combined sewer overflow problems;

including, but not limited to, combined sewer surcharges, basement back-

ups and street flow;

d) The new combined sewer service area will be tributary to an existing

combined sewer system.

(Source: Section 306.302 renumbered from Section 306.103(a) at 7 Ill. Reg. 5682,

effective April 19, 1983)

Section 306.303 Excess Infiltration

Excess infiltration into sewers shall be eliminated, and the maximum practicable flow

shall be conveyed to treatment facilities.

(Source: Section 306.303 renumbered from Section 306.103(a) at 7 Ill. Reg. 5682,

effective April 19, 1983)

Section 306.304 Overflows

Overflows from sanitary sewers are expressly prohibited.

(Source: Section 306.304 renumbered from Section 306.103(b) at 7 Ill. Reg. 5682,

effective April 19, 1983)

Section 306.305 Treatment of Overflows and Bypasses

All combined sewer overflows and treatment plant bypasses shall be given sufficient

treatment to prevent pollution, or the violation of applicable water quality standards

unless an exception has been granted by the Board pursuant to Subpart D. Sufficient

treatment shall consist of the following:

a) All dry weather flows, and the first flush of storm flows as determined by

the Agency, shall meet the applicable effluent standards; and

b) 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; and

c) Flows in excess of those described in subsection (b) shall be treated, in

whole or in part, to the extent necessary to prevent accumulations of

sludge deposits, floating debris and solids in accordance with 35 Ill. Adm.

Code 302.203, and to prevent depression of oxygen levels; or

d) Compliance with a treatment program authorized by the Board in an

exception granted pursuant to Subpart D.

(Source: Section 306.305 was renumbered from Section 306.103(c) and amended at 7 Ill.

Reg. 5682, effective April 19, 1983)

Section 306.306 Compliance Dates

Compliance with Section 306.305 shall be achieved on or before the following dates:

a) All treatment plant bypasses, by the applicable date for improvement of

treatment works under 35 Ill. Adm. Code 304.

b) All combined sewer overflows within the Metropolitan Sanitary District

of Greater Chicago, by December, 31, 1977;

c) All other combined sewer overflows, by December 31, 1975.

d) The compliance dates set by subsections (b) and (c) shall be met unless:

1) The discharger's combined sewer overflow is eligible for a

construction grant under Section 201(g) of the CWA; and,

2) The discharger has filed an application for a construction grant on

or before March 1, 1977; and,

3) The discharger has timely taken all appropriate pre-grant and

post-grant actions necessary to the specific grant step for which

the discharger is then eligible, or

4) The discharger has been granted an exception by the Board

pursuant to Subpart D, an exception procedure is pending, or the

Agency has not notified the discharger pursuant to Section

306.352.)

e) Nothing in subsection (d) shall limit the power of the Board to enter an

abatement order pursuant to Section 46 of the Act necessary to abate

pollution of waters of the State, when the Board has found, as the result of

an enforcement or variance case initiated under Titles VIII or IX of the

Act, that the discharger is causing a violation of the Act or regulations.

f) The exemption provided by subsection (d) shall terminate upon

completion of construction under the grant provided.

(Source: Section 306.306 was renumbered from Section 306.103(d) and amended at 7

Ill. Reg. 5682, effective April 19, 1983)

SUBPART D: EXCEPTION PROCEDURE

Section 306.350 Preamble

Exceptions to Section 306.305 or 306.306 shall be granted by the Board based upon

water quality effects, actual and potential stream uses, and economic considerations

including those of the discharger and those affected by the discharge. The following

procedures shall be used for petitions for exceptions to the otherwise applicable water

quality standards of this Chapter, and the sufficient treatment provisions contained in

Section 305.306, 306.305(a), 306.305(b), and 306.305(c).

(Source: Added at 7 Ill. Reg. 5682, effective April 19, 1983)

Section 306.351 Notification and Submittals by Discharger

No later than July 1, 1983, any discharger which has an interest in requesting Agency

assistance in initiating an exception proceeding shall so advise the Agency. No later than

October 1, 1983 the discharger shall assemble and submit to the Agency any background

information in the discharger's possession relevant to its combined sewer overflows,

including any analyses of treatment options. The Agency after a review of its files and

the discharger's submittal, shall request such further information as listed in Section

306.361 and 306.363 as it deems necessary for its determination pursuant to Section

306.352.

(Source: Added at 7 Ill. Reg. 5682, effective April 19, 1983)

Section 306.352 Notification by Agency

a) The Agency shall notify the discharger of any Agency proposal for

exception, including any necessary treatment conditions and the

provisions of Section 306.305 and 306.306 that would be modified or

eliminated.

b) The Agency shall promptly notify the discharger in writing of any

discretionary determination that it will not propose an exception and shall

indicate the basis for such determination. Such basis may include but not

be limited to a judgment that the information submitted is insufficient, that

due to the nature of the discharge and the receiving stream relief from

Section 306.305 or 306.306 would be environmentally unsound, or that a

specific alternative control strategy suggested by the discharger is

infeasible from either an engineering or pollutant removal standpoint.

c) All Agency determinations, shall reflect a consistency of review among

dischargers or their individual discharges. To insure such consistency, the

Agency shall adopt criteria for evaluation and review of dischargers'

submittals pursuant to Section 306.351.

(Source: Added at 7 Ill. Reg. 5682, effective April 19, 1983)

Section 306.360 Joint or Single Petition for Exception

If the discharger accepts the Agency proposal for exception, an exception proceeding

before the Board shall be commenced by the discharger by filing jointly with the Agency

a petition for exception. If the Agency has declined to propose an exception or if the

discharger declines to accept an Agency proposal, the discharger may commence singly

an exception proceeding before the Board.

(Source: Added at 7 Ill. Reg. 5682, effective April 19, 1983)

Section 306.361 Justification of Joint Petition

Except as provided otherwise in subsection (d) if the discharger and the Agency jointly

file a petition for exception, exception justifications shall be established in the petition

for exception as follows:

a) An exception justification based upon minimal discharge impact shall

include, as a minimum, an evaluation of receiving stream ratios, known

stream uses, accessibility to stream and side land use activities

(residential, commercial, agricultural, industrial, recreational), frequency

and extent of overflow events, inspections of unnatural bottom deposits,

odors, unnatural floating material or color, stream morphology and results

of limited stream chemical analyses.

b) Where a minimal impact exception justification cannot be established

pursuant to subsection (a), or where an exception will include a

modification of otherwise applicable water quality standards, an exception

justification shall include, as a minimum, evaluations pursuant to

subsection (a) and evaluations of stream sediment analyses, biological

surveys (including habitat assessment), and thorough stream chemical

analyses that may include but are not limited to analysis of parameters

regulated in 35 Ill. Adm. Code 302, analysis of toxics or metals if the

collection system tributary to the overflow receives wastes which might

contain them, sediment oxygen demand, volatile solids, and diurnal

monitoring under both dry and wet weather conditions.

c) Exception justifications which include projections of the improvement

from alternative control programs may include reasonably reliable

mathematical models based upon information gathered pursuant to

subsection (b). The reasonable reliability of a mathematical model shall

be assessed by reference to factors including but not limited to the model's

scientific validity and the consistency with which the model reflects

conditions in the stream as determined by monitored data.

d) Where special circumstances may render any evaluation inapplicable, for

reasons of irrelevancy or expense of data collection in relation to the

relevancy of the data, the petition shall include a justification for such

inapplicability.

(Source: Added at 7 Ill. Reg. 5682, effective April 19, 1983)

Section 306.362 Justification of Single Petition

If the discharger files singly a Petition for Exception, exception justifications shall be

established by the discharger, pursuant to Section 306.361 (b), (c), and (d).

(Source: Added at 7 Ill. Reg. 5682, effective April 19, 1983)

Section 306.363 Contents of Joint Petition

Requirements for jointly filed Petition. Ten copies of such petition shall be filed with the

Clerk of the Board. The petition shall include the following information:

a) A written statement, signed by the Petitioners or their authorized

representatives outlining the scope of the evaluation, the nature of, the

reasons for, and the basis for the justification for the exception; and

b) The nature of the discharger's operations and control equipment; and

c) Any Agency proposal for exception; and

d) Citations to any final enforcement actions against the discharger, and any

variances granted to the discharger where compliance has not been

achieved.

(Source: Added at 7 Ill. Reg. 5682, effective April 19, 1983)

Section 306.364 Contents of Single Petition

In addition to the information specified in Section 306.363, the petition shall include any

necessary treatment conditions and the provisions of Section 306.305 and 306.306 that

would be modified or eliminated.

(Source: Added at 7 Ill. Reg. 5682, effective April 19, 1983)

Section 306.370 Notice and Hearing

The clerk shall give notice of the petition and shall schedule a hearing in accordance with

35 Ill. Adm. Code 103. The proceedings shall be in accordance with 35 Ill. Adm.

Code 103.

(Source: Added at 7 Ill. Reg. 5682, effective April 19, 1983)

Section 306.371 Opinion and Order

a) In considering the proposed petition for exception and the hearing record,

the Board shall take into account the factors contained in Section 27(a) of

the Act. The Board shall issue and enter a written opinion stating the facts

and reasons leading to its decision on a petition for exception.

b) The Board shall issue and enter such orders concerning a petition for

exception as are appropriate for the reasons stated in its written opinion.

Such appropriate orders may include but are not limited to orders

accepting or rejecting the petition, directing that further hearings be held

to develop further information or to cure any procedural defects, or

remanding the petition to the petitioners with suggested revisions.

Another hearing shall be held on any revised petition for exception.

(Source: Added at 7 Ill. Reg. 5682, effective April 19, 1983)

Section 306.372 Transcripts

In any proceeding brought pursuant to Subpart D, the discharger at its own cost shall

furnish the Board within 15 days following completion of the hearing seven legible

copies of a complete transcript of the proceedings of the hearing. Upon petition, the

Board may assume such cost. In determining whether to assume such cost, the Board

shall take into consideration transcript costs, the discharger's allegations of special

circumstances of economic hardship, and any constraints upon the Board's budgetary

ability to assume such costs.

(Source: Added at 7 Ill. Reg. 5682, effective April 19, 1983)

Section 306.373 Final Date for Petitions

No petition for exception shall be accepted by the Board after January 1, 1986.

(Source: Added at 7 Ill. Reg. 5682, effective April 19, 1983)

Section 306.374 Other Proceedings

Nothing in Subpart D shall impair any rights authorized in the Act or Board Regulations

that the discharger or any other person may have to initiate or participate in regulatory

proceedings, variance petitions, enforcement actions, or permit appeals. However,

Agency determinations made pursuant to Section 306.352 may not be appealed to the

Board.

(Source: Added at 7 Ill. Reg. 5682, effective April 19, 1983)

SUBPART E: NEW CONNECTIONS

Section 306.401 Publication of Lists

The Agency shall publish and make available to the public at intervals of not more than

three months 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, as well as a list of those which are then under critical review

by the Agency. Such lists shall include estimates of treatment plant and sewer capacity,

and the amount of population equivalent added since publication of the previous list.

(Source: Section 306.401 was renumbered from Section 306.105(a) at 7 Ill. Reg. 5682,

effective April 19, 1983)

Section 306.402 Restricted Status

Restricted status shall be defined as the Agency determination, pursuant to Section 39 of

the Act and Section 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.

(Source: Section 306.402 was renumbered from Section 306.105(b) at 7 Ill. Reg. 5682,

effective April 19, 1983)

Section 306.403 Critical Review

Critical review shall be defined as the Agency determination, pursuant to Section 39 of

the Act and Section 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.

(Source: Section 306.403 was renumbered from Section 306.105(c) at 7 Ill. Reg. 5682,

effective April 19, 1983)

Section 306.404 Notification of Individuals Requesting Connections

Sanitary districts, or other wastewater treatment or transportation authorities responsible

for authorizing new sewer connections, which have been placed on restricted status or

critical review by the Agency shall notify all individuals requesting connections of such

Agency determination.

(Source: Section 306.404 was renumbered from Section 306.105(d) at 7 Ill. Reg. 5682,

effective April 19, 1983)

Section 306.405 Notification of Restricted Status or Critical Review

The Agency shall notify the sanitary district or other wastewater treatment or

transportation authority of its determination of restricted status or critical review, or

refusal to terminate the same, and shall give a specific, detailed written statement as to

the reasons for such action in conformity with the Agency's "Guidelines for Notification

of Restricted Status," 35 Ill. Adm. Code 390.

(Source: Former Section 306.405 renumbered to Section 306.406, new Section 306.405

adopted at 8 Ill. Reg. 1607, effective January 18, 1984)

Section 306.406 Appeal

Any sanitary district or other wastewater treatment or transportation authority responsible

for authorizing new sewer connections, may petition, pursuant to Title X of the Act and

35 Ill. Adm. Code 105, for a hearing before the Board to contest the decision of the

Agency to place it on restricted status.

(Source: Section 306.406 renumbered from Section 306.405 and amended at 8 Ill. Reg.

1607, effective January 18, 1984)

Section 306.407 Effective Date

This Subpart shall become effective on January 1, 1976, except for Section 306.405

which shall become effective upon filing.

(Source: Section 306.407 renumbered from Section 306.406 and amended at 8 Ill. Reg.

1607, effective January 18, 1984)

SUBPART F: SITE SPECIFIC RULES AND EXCEPTIONS

Section 306.501 East St. Louis-Sauget Site-Specific Discharges

a) The discharge from the sewer system of the City of East St. Louis, as

described below, shall not be subject to the treatment requirements and

timetables of Sections 306.305(b), and 306.306. The discharge is located

in Lots 305 and/or 306 of Sixth Subdivision of Cahokia Commons and

also in the Northwest Quarter Section 23, Township Two North, Range

Ten West, of the Third Principal Meridian, and can be defined as being at

Mississippi River Mile Number 178.7 and further can be defined as being

located at North 38º, 36 minutes, 40 seconds latitude and West 90º, 10

minutes, 40 seconds longitude.

b) The first flush of storm flows shall meet the applicable effluent standards

of 35 Ill. Adm. Code Part 304, except when to attempt to treat such flows

would cause the treatment plant to operate beyond design capacity.

c) In accordance with 35 Ill. Adm. Code 302.203, overflows in excess of

plant treatment capacity shall be passed through a 1/2 inch bar screen prior

to discharge.

d) Overflows shall not cause accumulation of unnatural sludge deposits in

the receiving stream.

(Source: Added at 8 Ill. Reg. 3691, effective March 14, 1984)

Section 306.502 Alton Combined Sewer Overflow Discharges

a) The discharge from the Piasa-State Street Sewer, defined as being at

Mississippi River mile 202.64, shall not be subject to the provisions of 35

Ill. Adm. Code 304.106, 304.120, 304.121 and 304.124 during the

following conditions:

1) Prior to replacement of the existing Locks and Dam 26, when the

tailwater elevation exceeds 415.3 Mean Sea Level (MSL); or

2) After replacement of Locks and Dam 26, where the pool level

exceeds elevation 420 MSL at Mississippi River miles 203.12 and

203.22 (Piasa and State Street Outlets relocated).

b) Discharges from the City of Alton at Mississippi River miles 201.66

(Shields Valley), 202.24 (Central Avenue), 203.12 (Piasa Outlet), 203.22

(State Street Outlet), 203.61 (Summit Street), 203.87 (Bluff Street) and

204.30 (Turner Tract), shall be subject to the following conditions:

1) The overflow structures and the associated interceptor sewer shall

be protected against intrusion by flood waters and be maintained

operational at flood stages from Mississippi River backflow for a

25-year Mississippi River flood stage, except as follows:

2) The City of Alton shall maintain the south side interceptor sewer

system in such working condition so as to ensure that the system

will flow at a maximum capacity.

3) No later than the date of completion of Lock and Dam 26 the south

side interceptor pump station shall be upgraded to a design

capacity of a minimum of 13.7 million gallons per day.

c) Discharges from the combined sewer overflows designated in subsection

(b) shall not be subject to the treatment requirements of Section

306.305(a) and (b) provided that:

1) The City of Alton shall maintain the south side interceptor sewer

system in such working condition so as to ensure that the system

will flow at a maximum capacity.

2) The South side interceptor pump station shall be upgraded to a

design capacity of a minimum of 13.7 million gallons per day.

(Source: Added at 12 Ill. Reg. 11229, effective June 15, 1988)

Section 306.503 Havana Site-Specific Discharges

The two discharges from the combined sewer system of the City of Havana, as described

below, shall not be subject to the treatment requirements of Section 306.305(a) nor the

compliance date of Section 306.306(c). The Washington Street discharge is located at

the foot of Washington Street in the Northwest Quarter, Section 1, Township 21 North,

Range 9 West of the Third Principal Meridian and can further be defined as being located

at West 90º, 4 minutes 0 seconds longitude and North 40º, 17 minutes 55 seconds

latitude. The Illinois Street discharge is located at the foot of Illinois Street in the

Southwest Quarter, Section 1, Township 21 North, Range 9 West of the Third Principal

Meridian and can further be defined as being located at North 40º, 17 minutes 35 seconds

latitude and West 90º, 4 minutes 5 seconds longitude.

(Source: Added at 14 Ill. Reg. 9449, effective June 4, 1990)

Section 306.APPENDIX A References to Previous Rules

The following table is provided to aid in referencing old Board rule numbers to section

numbers pursuant to codification.

Chapter 3: Water Pollution Part VI,

Performance Criteria

35 Ill. Adm. Code Part 306

Section 306.303 and 306.304