ILLINOIS

POLLUTION

 CONTROL BOARD

AprLl

1982

IN THE MATTER OF:

REVIEW

 OF EXISTING REGULATIONS,

)

 R81—17

RULE 602

 OF CHAPTER

3:

 WATER POLLUTION

(COMBINED SEWER OVERFLOW)

Pr~posedRule.

First

 Notice.

ORDER OF THE BOARD

 (by J.

 Anderson):

These proposed rules have been drafted in response to the

DENR submittal pursuant

 to R81-17,

 P.A~. 80—1218

 (formerly P.A.

79—790), recommending that the Board change Rule

 602,

 Combined

Sewer Overflow,

 of Chapter

3:

 Water Pollution.

As noted in the accompanying Initial Opinion,

 this proposal

uses the numbering system adopted by the Board in its recent

codification of Chapter

3,

TITLE

35:

 ENVIRONMENTAL PROTECTION

SUBTITLE

C:

 WATER POLLUTION

CHAPTER 1:

 POLLUTION CONTROL BOARD

SUBPART C:

 COMBINED SEWERS AND TREATMENT PLANT BYPASSES

Section

306.302

 Expansion of Combined Sewers

a+ 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

ensure

that

 the effluent

limitations

Part

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 sh& I not aggravate combined sewer

overflow problems;

 including,

 but not limited to,

combined sewer surcharges, basement back—ups and street

flow;

4d)

 The new combined sewer service area will be tributary to

an existing combined sewer system.

Section 306.303

 Excess Infiltration

~

 Excess infiltration into sewers shall

 be eliminated,

 and the

maximum practicable flow shall be conveyed to treatment facilities.

Section 306.304

 Overflows

Overflows from sanitary sewers are expressly prohibited.

Section 306.305

 Treatment of Overflows and Bypasses

e+

All combined sewer overflows and treatment plant bypasses

shall

 be given sufficient treatment to prevent pollution~or

the violation of applicable water quality standardsT 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

46~-54

3

~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

—

—~e—~he—e~e~

~

 ~efts—e~—s4~~e

~

~

 -ft~eve-sha~

 ~-~e

~

~

c)

 Flows in excess of

 those described in paragraph

(b)

shall be treated, in whole or

 in part,

 to the extent

necessary to prevent accumulations of sludge depositsL

floating debris and solids,

 and to prevent depression

of oxygen levels; or

d)

 A sufficient treatment program has been authorized by

the Board

 in an exception granted pursuant to Subpart D.

Section 306.306

 Compliance Dates

compliance with pafa~ap1~—e+Section 306.305

 shall he achieved

on or before the following dates:

~a)

 All treatment plant bypasses,

 by the applicable date

for improvement of treatment works under Part

 304.

46—55

4

~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,

4d)

 The compliance dates set by *~+*~+-ai~-48+*~4

 paragraph

(b) and

 Cc) shall be met unless:

Al)

 The discharger’s combined sewer overflow is eligible

for a construction grant under Section 201(g) of the

CWA;

 and,

B2)

 The discharger has filed an application for a

construction grant on or before March

1,

 1977;

 and,

Q3)

 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~ending,or the Agency has not notified the

discharger pursuant to Section 306.352.

~e)

 Nothing in paragraph

 (d)*43 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.

46—56

5

6f)

 The exemption provided by paragraph (d)~43-a~eveshall

terminate upon completion of construction under the grant

provided.

~

See

~

 -~e-~e±fed~-

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 evaluation and justification of

and

petitions

 for exceptions to the otherwise applicable water guaii~

standards of this Chapter,

 the sufficient treatment provisions con-

tained in Section 305.306,

 306.305(a),

 306.305(b), and 306.305(c).

Section 306.351

 Categories of Dischargers

No later than July

1,

 1983 and prior to the initiation of any

exception proceeding the Agency shall have established cateag~ies

of dischargers

 or their individual discharges according to the

potential for detrimental impact on actual

 stream use.

All

evaluations

 of such impacts shall be based upon,

 as a minimum,

information concerning receiving stream ratios,

 known stream

uses, accessibili~yof stream and side land use activities

(residential, commercial,

 agricultural, industrial,

 recreational),

and

freguenqy and extent of overflow events.

46—57

6

Section 306.352

—

 Notification by Agency

The Agency shall notify the discharger of any Agency proposal for

exception, including any necessary treatment conditions and the

j~ovisionsof Section 306.305 and 306.306 that would be

modified

orelitniriated.

 The Agency

 shall promptly notify the dischar~

of

 any discretionary determination that it will not propose an

Section 306.360

 Joint or Single Petition for Exception

If the discharger accepts~ _Aency proposal for exception,

an

exception proceeding before the Board shall be commenced b~the

discharger by filing jointly with the Agency

 a petition for

exception.

 if the

Ag~ency

has ~

or

if

the discharger declines to accept an Agency proposal,t1i~

the

discharger may commence singly an exception proceeding before

the Board.

Section 306.361

 Justification of Joint Petition

If the discharger and the Agency file jointly

 a Petition for

exception,

 exception justifications shall he established in the

proposal for exception as follows:

a)

 An excep~ionjustification based upon minimal discha~e

impact shall include,

as

 a minimum,

 the evaluation pur-

suant to Section 306.351 and an evaluation of inspections

of unnatural bottom deposits,

odorsL unnatural_floatin~

material_or

color,

 stream morphology and results of

limited stream chemical an~~

46—SR

7

b)

 Where minimal impact exception justification cannot be

established pursuant to Section 306.361(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 Section 306.361(a) and evaluations of stream

sediment analyses, biological

 surveys

 (including habitat

assessment), and thorough stream chemical analyses that

include diurnal monitoring under both dry and wet weather

conditions.

 Exception justifications which include projections of the

improvement

 from alternative control programs may include

reasonably reliable mathematical models based upon

information gathered pursuant to

 Section 306.361(b).

Section 306.362

 Justification of Single Petition

If the discharger files singiy

 a Petition for Exception, exception

justifications shall be established by the discharger, pursuant to

Section 306.361(b) and 306.361(c).

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.

 ition

shall include the following information:

46—59

B

a)

 A written statement,

 ~gned

 by the Petitioners

 or their

authorized representatives outlining the scope of the

evaluation, the nature of, the reasons for,

 and the basis

for the j~stificationfor the exception;

and

b)

 The nature of the discharger°sgperations and control

and

c)

~

 for exception; and

d)

 Citations

 to any final enforcement actions against

the

discharger,

 and ar~variances granted to the discharger

where compliance has not been achieved.

Section 306,364

 Contents of Single Petition

~cuirement

 for petition filed singly by the Discharger,

In

addition to the information specified in Section 5 above, the

iE~itionshall include any necessary treatment conditions and

~1j~o~isions

 of Section 306.305 and 306.306 that would be

modified or eliminated.

Section3060370~~andHe~ii~

Notice and Hearing.

 The clerk shall give notice of the petition

and shall schedule a hearing in accordance with 103 of Subtitle

~

 accordance with 103

 of Subtitle

A.

46—60

9

Section 306.371

 Opinion and Order

Opinion and Order.

 The Board shall consider the proposed petition

for exception and the hearing record.

 The Board may accept,

remand

 to the petitioners with suggested revisions in or r~j~ect

the proposal, or direct further hearings or take other actions

as it deems appropriate.

 Another hearing shall be held

on

revised ~petitionfor exception.

Section 306.372

 Transcripts

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 and good cause

 shown the Board ~n~yassume such cost.

Section 306.373

 Final Date for Petitions

No petition for exception shall

 be accepted by the Board after

January

1,

 1985.

Section 306.374

 OtherP~~~dins

Nothing in Subpart D shall impair any rights authorized in the

Act or Board Regulations that the discharger or any othe~erson

may have

 to initiate or participate in regulatory proceedings,

variance petitions,

 enforcement actions, or permit appeals.

46—61

10

However, Agency determinations made pursuant to Section 306.351

and 306.352 may not be appealed to the Board.

IT IS SO ORDERED.

I, Christan L. Moffett,

 Clerk of the Illinois Pollution

Control Board, hereby certify that the above Order was adopted on

the

 J’~

day of

~

 1982 by a vote of

4/~~Q

Christari L. Moff~~,/

 Clerk

Illinois Pollution Control Board

46—62