ILLINOIS POLLUTION CONTROL BOARD

May 20,

1976

IN THE MATTER OF:

)

THE PROPOSED AMENDMENT TO

)

 R75-15

RULE 602(d) (3)

 OF THE WATER

)

POLLUTION REGULATIONS

)

INTERIM

ORDER

THE

BOARD

(by

Mr.

Young):

The

 Agency Regulatory Proposal

 (R75-15) proposed that Rule

602(d) (3) be amended as follows

 (new language underlined):

(d) (3)

 All other combined sewer overflows,

 by December

31,

 1975, unless:

(aa.)

 The discharger’s combined sewer overflow is

eligible for a construction grant under Section

201(g)

 of the FWPCA,

(bb.)

 The discharger has filed an application for a

construction g~ranton or before December 31,

1975,

and

(cc.)

 The discharger is Rursuiny with diligence and

good faith all grant requirements includinS

but not limited to completion of any formal

grant application on a schedule acceptable to

the Agency.

Two

 public hearings on the proposed regulation were held on

March 31,

 1976 and April

7,

 1976.

 In response to suggestions

made at those hearings and in consideration of the testimony

and exhibits,

 the Board, in accordance with Procedural Rule 211,

 has revised the Agency proposal.

 The Board now proposes that

Rule 602(d) of Chapter

3:

 Water Pollution Regulations be amended

as follows

 (new language underlined):

(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 treat-

ment works under Part IV of this Chapter;

—

499

—2—

(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;

(4)

 The cou~pliancedates set by

 (d) (2) and

(d) (3)

 shall be met unless:

(aa)

 The discharger’s combined sewer

overflow is eligible for a con-

struction grant under Section

201(g) of the FWPCA;

 and,

(bb)

 The discharger has filed an appli-

cation for a construction grant on

or before March

1,

 1977;

 and,

(cc)

 The discharger has timely taken all

appropriate pre-grant and post-~rant

actions necessary to the s~ecific

~rant step for which the discharger

is then eligible.

(5)

 Nothing in 602(d)

(4)

 above shall limit the

yower of the Board

 to enter an order directing

immediate construction of facilities necessary

to abate pollution of the waters of the State,

when the Board has found,

 as the result of an

inforcement case initiated under Sections 30-

34 of the Act, that the discharger is causing

or threatening to cause water pollution.

(6)

 Whenever a discharger subject to the pro-

visions of this Rule files or has filed the

Project Completion Schedule required by Rule

1002 and receives a time extension through

the application of this Rule, said Project

Comyletion Schedule will be automatical1~

adjusted to reflect the time extension.

(7)

 The exemption provided by

 (d) (4)

 above shall

terminate upon completion of construction

under the ~rant provided and compliance with

the provisions of this Rule shall thereafter

5e required.

The Board also proposes that Rule 409(a) of Chapter

3:

 Water

Pollution Regulations be amended as follows

 (new language under-

lined):

—

500

—3—

(a)

 All effluent standards required to be met on

December 31,

 1973 or December

31,

 1974 shall

be met unless:

(1)

 The discharger is eligible for

 a con-

struction grant under Section 201(g)

of the FWPCA;

 and,

(2)

 The discharger has filed an application

for a construction grant on or before

December

31,

 1975;

 anci

(3)

 The discharger has

 timely taken all

necessary pre-grant and post—grant

actions appropriate to the specific

grant ste~for which

then eligible.

the discharger is

(4)

 The exemption provided in

 (a) (1),

 (a) (2),

and

 Ca) (3)

 above shall terminate upon com-

pletion of construction under the grant

providedand~compliance with the provisions

oUthis Rule shall thereafter be required.

It is the Order of the Board that the foregoing proposed final

draft be published in the Environmental Register for comment pur-

suant to Procedural Rule

 211.

Two additional hearings on the economic impact of the proposed

amendments will be scheduled in accordance with the provisions of

Section 27(b)

 of the Environmental Protection Act and the proposed

final draft may be further revised in response to written sub-

missions received by the Board in comment on the proposal or from

consideration of the economic impact statement and the record of

the further hearings.

I, Christan L. Moffett,

 Clerk of the Illinois Pollution

Control Board, hereby certify the above Interim Order was adopted

on the

~

 day of

if)

1976

 by a vote of

Illinois Pollutio~

•trol

Board

—

501