IN THE

MATTER

OF:

UTTON

CONTROL BOA’

~)

~mher

8,

1977

WATER POLLUTION

CONTROL

REGULATIONS

AMENDMENTS:

L(,OL~NC

LAKES

ORDER

OF

THE

BOARD

~

T~j~

Goodn

In conformity

with

R’iles

20.

Control Board

RegulatIons,

of

CI~

with the applicable

prvisI

Act,

Ill, Revs

Stat~,

Oh

111

1

(1977),

the Board

hctcby

propose’

ments to Chapter

3:

Water

P~

the “Statement

of

No~”,

be

ments and publicatic’r

tbc~e~

R77—l7

~od

204 of Illinois Pollution

~er 1:

Procedural Rules, and

~he

Administrative

Procedure

$1001

et

seq

(as

amended)

he

following

regulatory

amend—

n,

for the reasons given

in

‘arings on the proposed

amend—

~‘ereby authorized~

PROPOSED

AMEUDM’~NT~

TI

Nfl

~ER

3:

WATET?

POLLUTION

It

is

proposed

~

the

d~i

tion

of

“Ar

~ficial

Cooling

Lake”

in

Rule

104,

~

:i~Lions

0F

Thapter

3:

~~ter

Pollutisa,

be

amended

as

fo11~

Rule 104:

‘~‘~‘

~f~ial

C~oli

q

Lake”

mea~

any

manmade

lake,

~s~rwoir

other

impcrcment,

con—

s~ru~-ted by

darnmi~ig

the flow

of

a

stream,

which

is used to cool the water discharged

f((~’Nthe condensers

of

a steam—electric gene-

rating plant for recirculation in substantial

part

to

the

conde~sers,

and includes

any

s~w’h

mar’usde

lake,

reservoir

or oth~~oundm~t

where

flow

from

the

dammed

stream

and

any

no turd

~

ruooff

unto

such

manmodo

lake,

reser—

‘~~‘oi

r

CL

rnpoundment

tro

~ur~oundi

ng,

ad

-

jacent-

or

upstream

watershed constitutes or

contribu~es

fiv~ercent

(5)

or

more

of

the

water

entering

impounded

in,

use~~~o1in

put~o~

in

connection

with,

or

discharged

by

---

—2--

any means ftom such manmade

lake

reservoir

or other

impc~iridrnent.

STATEMENT OF NEED

On August 14, 1975,

the Board entered its

final

Order in

regulatory proceeding R75-2, ç~li~~’.

The

purpose of that

Regulation was,

in brief, to provide relief from the generally

applicable thermal limitations of Chapter

3 for

certain

cooling

water impoundments constructed and/or used by

the

electric power

generation industry, without compromising the environmental quality

of protected waters of the state.

Among the provisions enacted as

part of R75—2 was a new definition of “Artificial Cooling Lake.”

On September

29,

1975,

the Board adopted

an

Opinion to accompany

the new Regulations.

The Board noted in that Opinion that in

certain cases, an impoundment of water used

for

cooling purposes

in

connection with a steam-electric generating plant might not fall

within the classification of “Artificial Cooling Lake.”

Id., Opinion

at 18 PCB

683 and Note

4.

That Opinion also

reiterated the Board~s

previous finding that a protected water of the

state

could not and

should not be converted to treatment works.

Id.,

18 PCB at 684.

However, on November 4,

1977,

the Third

District

Appellate

Court entered its Opinion in Environmental Prote1ç9~g~~cv.

Central Illinois Light Company,

Ill.App.3d(No.

76-376,

November 4,

1977), reversing this Board~s

findings

in a similarly

entitled case,

No. PCB 75—387,

23 PCB 107

(1976),

and finding that

even where a natural stream has been dammed to

form

an impoundment,

the withdrawal of more than half the impounded waters from some

other source will relieve the impoundment of regulation as an

“Artificial Cooling Lake,”

The Board feels

that

such an interpre-

tation

is

unfortunate,

to the extent that

it

might allow the con-

version of protected waters of the state to treatment works with-

out benefit of any environmental protection.

On that basis

--

to assure the environmental quality of

existing, protected waters of the state when physically altered

for cooling purposes by impoundment, damming,

etc.

——

we propose

the above change in the definition of an “Artificial Cooling Lake.”

It was not

our

purpose,

in

our Opinion September

29,

1975,

to

provide for such broad exemptions as would seem to be granted by

the Third District’s Opinion.

We make this proposal to correct any

errors which might have arisen in our earlier Opinion, and to

clarify

any

possible

ambiguity

which

might

exist.

28—410

---

—3—

I,

Christan

L. Moffett, Clerk of the Illinois Pollution Control

Board, hereby certify the above Order was adopted

on

the

~j,

day

of

~+

~

,

1977 by a vote of

.

‘./~t~

(~L)

Christan L. Moffett, ç~erk

~‘

Illinois Pollution Control Board