ILLINOIS POLLUTION CONTROL

BOARD

~t~ib’~

3O~19~0

AMENDMENTS TO THE WATER POLLUTION

)

REGULATIONS OF THE ILLINOIS

)

 R80-6

POLLUTION CONTROL BOARD

)

PROPOSED RULE, FIRST NOTICE

 (HEARINGS

TO BE HELD)

ORDER OF THE BOARD

(by

D.

 Satchell):

On May

1,

 1980 the Board proposed certain amendments to Rules

104,

 604,

 605,

 606,

 607,

 914,

 951,

 962,

 967,

971

and

974 of

Chapter

3:

 Water Pollution (Proposed Rule,

 First Notice).

 This

was published in Environmental Register #217,

May

13,

 1980 and

Illinois Register May 30,

 1980.

 In response to comments received

the Board will modify the proposal as appears below.

 Some of

these comments requested revision of other rules in Chapter

 3 and

proposed revision of the rules involved in the May

 1 Order.

The

Board will therefore withdraw that Order and publish

 a new Pro-

posed Rule, First Notice in the Illinois Register.

 This proposal

will be authorized for hearings.

In the following Order changes

 from the existing rules are

indicated by lining out deleted language and underlining new

language.

104

 Definitions

“Pretreatment

 Works” means

 a treatment works designed and

intended for the treatment of wastewater from a—ma~ef—ee~—

~-~diis~y7

 an indirect discharge or an industrial

user as defined in 40 CFR ~28 Part 403, before introduction

into a sewer system tributary to a publicly owned or public-

ly regulated treatment works.

“Publiciy

 Owned” means ownership

 by a municipality, sanitary

district,

 county, or state or federal agency.

“Publicly Regulated” refers to those otherwise private com-ET?1 w?118 237 m?543 237 l?S?BT?

panies which are regulated as public utilities by the

Illinois Commerce Commission pursuant to an Act Concerning

Public Utilities,

 Ill.

 Rev.

 Stat.

 1979,

ch.

 111 2/3,

 par.

1

et seq.

501

 Reporting Requirements

(a)

 Every person within this State operating a pretreatment

works,

 treatment works or wastewater source shall submit

—2--

operating reports to the Agency at a frequency to be de-

termined by the Agency.

 Such reports shall contain infor-

mation regarding the quantity of influent and of effluent

discharged, of wastes bypassed and of combined sewer over-

flows; the concentration of those physical, chemical,

bacteriological and radiological parameters which shall be

 specified by the Agency;

 and any additional information

the Agency may reasonably require.

 This reporting re-

quirement for pretreatment works shall only apply to those

pretreatment works

 a~-e~hefwhich:

(1)

~

~

~

~ere—w

 the—~feame~—pfeees~

 7-±ft~e-e-feee±v±~

~e a~me—we~st—e~

Will be subject to regulations promulgated under

Section 307 of the Clean Water Act

 (FWPCA);

or

(2)

 Discharge 15

 or more of the total hydraulic flow

received by the treatment works;

or

(3)

 Discharge 15

 or more of the total biological load-

ing received by the treatment works as measured by

5-day biochemical oxygen demand.

(b)

 Deleted.

Cc)

 Every holder of an NPDES Permit is required to comply

with the monitoring,

 sampling, recording and reporting

requirements set forth in the permit

 and this Chapter.

604

 New—?eeet~oi~sCritical Review and Restricted Status

(a)

 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 ea~—

~a~y—e—a~--e~ef

 wastewater ~

pea~4~ei~

 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.

(b)

 Restricted Status.

 Restricted status shall be defined

as

 the Agency determination7~

 9—of

~

 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.

—3—

Cc)

 Critical Reveiw.

 Critical review shall be defined

as

the Agency determination

 fa-~o-GeeeI~--39~-e~

e-Aet-a-Re-9-e?-~-e~ap~e~7 that a sewer is

approaching hydraulic capacity or that a sewage treat-

ment 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.

(d)

 Notification of Individuals Requesting Connections.

~

 Wastewater ~ea~iae~-o~

aporta~e~authorities responsible for authorizing

new sewer connections which have been placed on re-

stricted status or critical review by the Agency shall

notify all individuals requesting connections of such

 Agency determination.

*e3-

 Appea~---Any-s

~

~

~

~

 -Ae~-a~-Pa-S-o~-the-Bea~

Pfeeed~fa~—R~ee

~

eees~-~e~

~

Ce)

 The Agency shall notify the wastewater authority of

its determination of restricted status _or critical

review and shall give

 a specific, detailed written

statement as to the reasons for impositfon of the

restricted status or critical review.

-~f

~

(f)

 The Agency may issue, pursuant to Rule 967, criteria

further defining restricted status.

~j

 For purposes of Rules

 604,

 605,

 606,

 607 and 608 the

term

“sewer connection”

 shall mean a sewer for which

a permit is required under Rule 951 of this Chapter.

(h)

 For purposes of Rules

 604,

 605,

 606, 607 and 608 the

term

 “wastewater authority”

 shall mean sanitary district

or other wastewater treatment or transportation author—

ity.

—4—

605

 New Connections

The Agency shall not issue operating permits under Rule

952 or joint construction/operating permits under Rule

954 of this Chapter for the construction or operation of

facilities which will connect to a sewer or sewage treat-ET?1 w?100 626 m?511 626 l?S?BT?

 ment plant which is on restricted status.

 The Agency may

issue “construct only” permits under Rule 951 to such

facilities but no operating permits until

 the sewer or

sewage treatment plant has been removed from restricted

status.

606

 Appeal

(a)

Any

authority

 responsible for authorizing new sewer

connections may petition, pursuant to Title X of the

Act and Part

 of the Board Procedural Rules,

 for a

hearing before the Board to contest the decision of

the Agency to place it on critical review or restricted

status or the refusal

 to terminate such.

(b)

 The Agency shall provide procedures whereby

 a waste—

water

authority

may

request

termination

critical

review

restricted

status.

(c)

 the Agency refuses to terminate critical review

restricted

status,

 the Agency shall give

 a specific,

detailed

written

statement

the

reasons

for

its

decision

the

wastewater

authority

requesting

such

termination.

(d)

Any

person

who

has

been

denied

Agency

permit

because

restricted

status

may

appeal

the

denial

pursuant

Section

the

Act

and

Part

the

Board’s

 Pro-ET?1 w?134 276 m?510 276 l?S?BT?

cedural Rules.

 The wastewater authority which is re-ET?1 w?135 264 m?518 264 l?S?BT?

sponsible for authorizing new sewer connections shall

be joined as

 a respondent,

 in which case the petitioner

shall provide notice

and

service

provided

Part

III of the Procedural Rules.

 The Agency’s decision to

place the sewer or sewage treatment plant on restricted

status

is

 an appealable issue in such proceedings.

607

Variances

from

Restricted

Status

Any person who has applied for an Agency permit which may

denied

because

restricted

status

may

petition

the

Board

for

variance

from

Rule

605

allow

the

sewer

con-ET?1 w?97 106 m?517 106 l?S?BT?

nection in spite

 of the restricted status upon a showing of

—5—

arbitrary

unreasonable

hardship.

Such

proceeding

shall

be governed by Part IV of the Board’s Procedural Rules.

The wastewater authority which

 is responsible for author-ET?1 w?132 655 m?541 655 l?S?BT?

izing new sewer connect~ons may join in the petition, but

if it does not

 it shall be joined as

 a respondent,

 in which

case petitioner must provide notice and service

 as provided

by Part III of the Procedural Rules.

608

 Response by Wastewater Authority

(a)

Where

wastewater

authority

has

been

joined

respondent pursuant to Rule

606

607,

shall

file

a response within twenty—one days of receipt of the

petition.

(b)

The

response

shall

indicate:

(1)

 What permits the petitioner must obtain from it

in order to make the sewer connections contem-ET?1 w?203 451 m?534 451 l?S?BT?

plated

(2)

 Whether these permits have been issued or are

likely to be issued

(3)

 Whether it supports or opposes the petitioner’s

sewer connections

(4)

 Any facts alleged by petitioner with which it

disagrees

(5)

 Any other relevant information..

(c)

 Participation by

 a wastewater authority

 as a respondent

is for the purpose of allowing it to prote~tany inter-ET?1 w?166 269 m?563 269 l?S?BT?

est it may have in the subject matter of the variance

or permit appeal.

 No penalty or compliance order may

be imposed upon it in this action.

 However,

 it may

undertake a compliance plan in o~derto secure the

relief petitioner requests.

 In the event a Board

Order is conditfoned upon a compliance plan to be

executed by a wastewater authority,

 it shall be con-ET?1 w?165 185 m?541 185 l?S?BT?

strued as a condition limiting the grant of the vari-ET?1 w?166 172 m?548 172 l?S?BT?

ance or permit to the petitioner and not as an order

enforceable against the respondent wastewater authority.

It will be necessary for the petitioner to obtain the

respondent’s performance to perfect the variance or

permit.

—6—

9~4

 Va~afiees-~

me~e

To-the-ex~eft~-

 authe~zed-~y-~1~e

 -FWP?A-and-the-Ae~7-the-Bea~

~

 y—~±ma~±o~ts7-a~d—fequ±fe—

men~-~mposed-~y-~e~e

 -NPBBS-Reg

 ~ei~e-~po~-a-ehow4~g-that

~

s1~p-on-the ~

~

~

f—the-

 eee~i~a~-R~ee

~ha~—~everrt-the—preeeed

~-—-~

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NP~BS-Regao-a-the-Ae~~-

914

Permit

Modification

Pursuant

Board

Order

The

Agency

may

issue,

modify,

revoke

and

reissue~ or

terminate

any

NPDES

permit

consistent

with

the

Act,

the

Clean

Water

Act

(FWPCA),

applicable

regulations

and

any

 applicable Board

Order,

whether

the

result

variance,

enforcement

permit

appeal

case.

917

Permit

Modification

Pursuant

to

Application

Upon

receipt

application

from

permittee

the

Agency

may

issue,

modify,

revoke

and

 reissue,

terminate

any

NPDES

permit

just

though

original

application

had

been

received.

951

Construction

Permits

Except

for

treatment

works

wastewater

sources

which

have

will

have

discharges

for

which

NPDES

Permits

are

required,

and for which NPDES Permits have been issued by the Agency,

(a)

 No person shall

 cause or allow

the

construction

any

new

treatment

works,

sewer,

wastewater

source

cause

allow

the

modification

any

existing

treat-

ment works, sewer, or wastewater source without a

Construction Permit issued by the Agency, except as

provided

Paragraph

(b),

(b)

 Construction Permits shall not be required for the

following:

(1)

 Storm sewers that transport only land runoff;

or

—7—

(2)

 Any treatment works,

 sewer, or wastewater source

designed and intended to serve a single building

and eventually treat or discharge less than an

average of 1500 gallons per day of domestic sew-

age and which will discharge,

 if at all, directly

to a publicly owned or publicly regulated sani-ET?1 w?207 622 m?545 622 l?S?BT?

tary or combined sewer

or

(3)

Any

sewer required by statute to secure

 a permit

pursuant to Ch.

 111 1/2 Ill.

 Rev.

 Stat.,

 Sec.

713, et seq.;

or

(4)

Any

treatment works, pretreatment works,

 sewer,

or wastewater source

 that, on the effective date

of this Subpart B,

 is being constructed or will

be constructed under the authorization of a

Permit already issued by the Agency or its pre-

decessors; provided however, that all construction

must be completed within four years from the ef-

fective date of this Subpart B; or

(5)

 Privately owned sewers tributary to industrial

treatment works owned by the same person if the

additional waste load does not exceed the per-

raitted design capacity of the industrial treat-

ment works.

(c)

 No person without

 a construction permit issued by the

Agency shall cause or allow the construction of any

pretreatment works or cause or allow the modification

of any existing pretreatment works

 if such pretreat-

ment works,

 after construction or modification, will:

(1)

~

~

~

Be subject to regulations promulgated under Sec-ET?1 w?205 235 m?552 235 l?S?BT?

tion 307

 of the Clean Water Act

~FWPCA)

(4u

 UJfR

Part 403)

;

or

(2)

 Discharge 15

 or more of the total hydraulic

flow received by the treatment works; or

(3)

 Discharge 15

 or more of the total biological

loading received by the treatment works

as

measured by the 5—day biochemical oxygen demand.

w4the~.-

a-?e~s~f~e

e~-Pe~m~-~ee~-~y-the-A~e~eyT

—8—

952

 $pe~at~o!~

 Operating Permits:

 New or Modified Treatment

Works, Sewers and Wastewater Sources

(a)

 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 951 without an operating permit issued by the

Agency, except foe—

~

 as may be

authorized by the construction permit.

 No operating

permit is required under this rule

for any discharge

for which an NPDES permit is required.

-~b3- However7-the-r ~±renent-fo~-ai~—eper~t±ng—Pe~r~±t—f

or

on±y-th~-peron-o~—ay—~reae-worts-or-we.~te—

wa~e~—se~ee

 -fe~—w~e~—ai~~

-be-~pe~e~-~em-e-effee~ve-4a~e-ef-th~s

4~*

~

-E~*

TI~e

~

FwPeA7_tha~_the_SateL~_NPBEs_pe~t_progr~

 ~eee-~e~

 -~ee~-

the

-~e~eme~~ -ef-Se

e~ei~-4~2-E~*

~

*e*

~

~

 fe~—~eeha~es-

fe~

wh±eh-NPBES-P

 m±~s-are-fe~~

 re~-a~-be-ao~he~7

pura-~e-the—ee—ef—See~e~-4

*-H3--ef-the

Ae~

953

 Operating Permits:

 Existing

Treatment Works, Pretreatment

Works and Wastewater Sources

(a)

 No person shall cause or allow the use or operation

of any treatment works, pretreatment works, or waste—

water source a

~

 without an oper-

ating permit

issued

by the Agency,

 except as provided

in paragraphs

 (b),

(c)

and

 Cd).

(b)

~

~

works—a

 —wastewa~er—so~rees—?e~—wh~eh—NPBES—Perm~e

~a~e-ef-

 a~—A-he~eef7

 —a~~

—9—

ef—See~±en--~3b—of—the—Ae~-

No

operating permit

 is required under this rule for any

discharge for which an NPDES permit

 is required.

(c)

 Operating Permits are not required for treatment works

and wastewater sources that are designed and intended

to serve

 a single building and eventually treat or

 discharge less than an average of 1500 gallons per day

of domestic sewage.

(d)

 Operating Permits are not required for those pretreat-

ment works or wastewater sources discharging to a sewer

tributary

treatment

works

that

which

will

not:

(1)

~

~

~n~erfere—w4th-~he-~reaen~-proeess-~n~e—the

~

 i-er

Be subject to regulations promulgated under Sec-ET?1 w?208 462 m?554 462 l?S?BT?

tion

 307 of the Clean Water Act; or

(2)

Discharge

the

total

hydraulic

flow

received by the treatment works;

or

(3)

Discharge

the

total

biological

loading received by the treatment works

as

measured

the

5—day

biochemical

oxygen

demand.

956

 Feer-Peri~~s

*a)-

~

~

w~-i~e~-eMe~se

 -eemp

 a~ee-w~th—the—

~

~

4b4-

~

 ~ss~ie4-~y-the

 -Ages-

~

~

~

s-be-eons

 ere&-v±d-for-the-p~rpe-o~—~thor±2±n~

~

956

 Deleted

962

 Standards for Issuance

(a)

 The Agency shall not grant any permit required by this

Subpart

13,

 except an Experimental Permit under Rule 955,

unless the applicant submits adequate proof that the

treatment works, pretreatment works, sewer,

 or waste--

water source-p

 ~a3- W~3 will he constructed, modified,

—10—

or operated so as not to cause a violation of the Act or

of this Chapter7.

T~e—~X-ef-the-Ae~7-and

(b)

 ther--eon~orms-to-the—des~gn-erer-promti~gated-by-the

~

whñeI~—the—app~iean~-proves—w~

 -eec—co

 s~stenHy-se~~-

faetery—fes~ts-—and

If the Agency has promulgated, pursuant to Rule 967, criter-ET?1 w?134 620 m?567 620 l?S?BT?

ia with regard to any part or condition of

 a permit, then

for purposes of permit issuance proof of conformity with the

criteria shall be prima facie evidence of no violation.

However, non—conformity with the criteria shall not be

grounds for permit denial

the

condition

subsection

Ta) of this rule

 is met.

-fe3-

~

Pe~~7-wI~e~e

 -app~eab~e~

967

 Design, Operation and Maintenance Criteria

(a)

 The Agency may adopt proeed~res-wh~eh-~e~-forth

 criteria for

the design,

 operation, and maintenance of treatment works,

pretreatment works, sewers,

 and wastewater sources.

 These

preeedi~rescriteria shall be revised from time to time to

reflect current engineering judgment and advances in the

state of the art.

(b)

 Before-ads

 ~—new-erer—er-mak±ng—s~b~

 ~cn~~e- ehan~es

~bo—any—erea-adeed-~v-the-A~eney7-

 e—Ageney-~he~~

-f±3-

Ptth±±5h

-a-

summary-of~th

 proposed-~changes-±n-the-~oard

New

 e~er-er-a-eem~arae-p~b~ea~en7—

 at—the—Ageney~s

eense~—an~

*~*

 Prove-a-eepy-ef-the-f~1~-text-of-the-proposed-ehange$

~

-~33- Befer-adopt±on-of-the-changes-for-45-days-from-the

~

~

The Agency shall adopt such procedures as are necessary

 fox’

permit issuance under this Subpart B of Part IX.

(c)

 In adopting new or revised criteria or procedures, the Agen-ET?1 w?132 184 m?565 184 l?S?BT?

cy shall comply with the requirements of the Illinois Admin-ET?1 w?132 173 m?565 173 l?S?BT?

istrative Procedure Act,

 Ill.

 Rev. Stat.

 1979,

ch.

 127,

§1001 et seg.

(d)

 To the extent the Agency adopts such criteria, they will

represent a formal Agency interpretation of what

—11—

is consistent with the Act and Chapter

 3 and necessary

to accomplish the purposes of the Act.

969

 Permit Revocation

(a)

~

e—pre~s~ens-e?-thth

 s-Se

 a~t—B-sMaH-Se-grew~.e

 -for

reveeaon—e?-e-~erm~7-~n-add~4en-~e—other—

 sanc~ens

~

~

~permit

 issued under this Subpart B may be revoked for

cause which includes, but

 is not limited to,

 the follow-ET?1 w?163 554 m?565 554 l?S?BT?

ing:

(1)

 Cause

 as set forth in Rule 912 (b);

or

(2)

 Delinguency in payment of any charges which may

be required to be paid under Section 204(b)

 of the

Clean Water Act.

(b)

~

ed-~o-be-pd-~nder-See~4en—~e

 4-Eb*-ef-the-FWPeA-and

~

ve~-~y~e-969.fa~--abeve7

Revocation may be sought by filing a complaint with the

Board pursuant to Part III of the Procedural Rules.

9~

 Proeeê~iires

~n-a

 ~en-~e-preeedu~es-spee~~

~

 reae

—

enay—neeessary--to—~erfem-4~s—&~±e

and-re enb~~es

~

s~a~—net—beeeme-effe

 e~4ve—un ~-f~ed-w~th—the— ~ndcx—B~s4en

~

 7—~95~7—as

971

 Deleted

974

 Permit Modification Pursuant to Variance

If

 a permit is denied or granted with objectionable conditions

required by Board Regulations the permittee may petition the

Board for a variance from the regulations.

 The proceeding will

be governed by Part IV of the Procedural Rules.

 If requested

the Board may order permit modification or issuance pursuant

to variance.

-12-

975

 Permit Modification Pursuant to Application

Upon receipt of an application from a permittee the Agency

may issue, modify,

 revoke and reissue, or terminate any

permit just as though an original application had been

received.

IT IS SO ORDERED.

Christan

Moffett,

Clerk

the

Illinois

Pollution

Control Board, hereby ce tify that the above Order was a~opted

the

day

_____________,

 1980 by a vote of ~-O

C~k~

ir~L~(

Christan L. Mof~t, Clerk

Illinois Pollution Control Board