53-275
53-281

ILLINOIS POLLUTION CONTROL BOARD

August 18,

1983

IN THE MATTER OF:

AMENDMENTS

 TO TITLE

35

)

 R82-5

(STARCEVICH, EFFLUENT REVISIONS

)

 R82~10

AND NPDES)

)

 Consolidated

Proposed Rule.

 Second Notice.

ORDER OF THE BOARD

 (by J.D. Dumelle):

On April

21,

 1983 the Board adopted a Proposed Rule/First

Notice Proposed Opinion and Order in this matter.

 First notice

was published in the Illinois Register on June 3,

1983

 (Vol.7,

No.

 23).

 The First Notice period closed on July 25,

 1983.

Two

comments were filed since the adoption of the first notice order.

Illinois Power Company

 (IPC) disagreed with the Board that the

proposed amendment to Section 309.262 was non—substantive and

requested that

 it not be adopted

 (P.C.

 3, May 25,

 1983).

The

Illinois Environmental Protection Agency (Agency)

 addressed

recommended changes to Sections 305.102(a)(1),

 309.202(b)

and

(c),

 309.204(c)

and

 (dI(1)

 ~P.C. 4, June

14,

 19831.

IPC believes that the deletion of Section 309.262(b)(1),

(2)

and

(3)

 “represents a relaxation of an important Agency procedure”

(P.C.

3,

 p.1).

 The Board does not agree.

 The deleted subsections

established a procedural mechanism

for the adoption or amendment

of Agency design, operation and maintenance criteria.

 A mechanism

which is substantially equivalent to that mechanism has now been

mandated by the Administrative Procedure Act.

 The Board rule

has, therefore, become redundant and unnecessary,

 and will be

deleted.

The Agency first requests that the language proposed to be

deleted

 in Sections 305.102(a)(1),

 309.202(c)

 and 309.204(d) (1)

be retained.

 The language of these subsections as

 it appears

in

the first notice order was proposed by the Agency in its comments

of July 11,

 1980.

 At that time the Agency felt that the United

States Environmental Protection Agency

 (USEPA) pretreatment

regulatory structure would be more inclusive than

it

 is turning

out to be.

 The regulations

 in effect at that time identified 21

primary industries for which categorical pretreatment standards

would be promulgated

 (43 Fed.

 Reg.

 2771,

 June 26, 178).

 Infor-

mation from USEPA’s Effluent Guidelines Division shows that

 8 of

the 21 basic categories

 (later expanded by subdivision to 35)

have now been exempted.

53-273

—2—

In light of the narrowing of the categories to which standards

would

 apply, the Agency believes that it is preferable to continue

the approach envisioned by the existing rule in addition to the

proposed modification of the rule,

 This will allow the Agency to

require permits from pretreatment sources whenever the discharge

may interfere with the treatment works process.

 Continuing this

language, the Agency argues, will not impose any hardship on

dischargers

 since it has been part of the State’s approach to

pretreatment program since these Sections became effective on

October 24, 1977.

The Board agrees and will amend the proposal to include the

language of these sections which was previously proposed to be

deleted.

Second, the Agency expresses its concern that the language

pertaining to Section 309.202(b)(2)

 in the Board’s April

21,

1983

Proposal Opinion “could lead persons to conclude that by this

amendment the Board intended to exempt from permit requirements

all non—discharging facilities”

 (P.C.

4,

p.3).

This,

the

Agency

contends, could include the land application of wastewater effluent.

Such was not the Board’s intent.

 The Board will word its final

opinion to make it clear that non—discharging facilities will

be

exempt under 309.202(b)(2) only where each of the conditions

 therein are met.

 The same applies to operating permits under

Section 309.204(c) which contains parallel language,

Third,

 the Agency points out that the Section 309.202(b)(2)

and 309.204(c) exemptions are proposed to be

 limited to discharges

to publicly regulated sanitary or combined sewers,

 while the

Agency’s original proposal in R80—6

 (from which proceeding this

amendment originated) as well

 as the Board’s proposed orders of

May

 2 and October 30,

 1980 allowed the exemption for dis-

charges to publicly owned treatment works as well.

 The modi-

fication of the exemption was inadvertent and will be corrected

in this order.

The Board hereby proposes the following amendments to 35

 Ill.

Adm. Code Parts 302,

 304,

 305,

 306,

 307 and 309:

 Water Pollution.

Section 302.407

 Chemical Constituents

Concentrations of other chemical constituents shall not exceed

the following standards:

53-274

—3—

STORET

 CONCEN-

CONSTITUENT

 NUMBER

 TRATION

(mgI

1)

Phenols

Selenium

 (total)

Silver

Zinc

 (total)

Total Dissolved Solids

0.3

1.0

4~-G0.1

01092

1.0

70300

1500

 Oil shall be analytically separated

components if the total concentration

shall either of the components exceed

polar materials and 15 mg/i non-polar

(Source:

 Mtended at

 7 111. Reg.

into polar and non—polar

exceeds

 15 mg/i.

 In no case

15 mg/l

 (i.e.,

 15 mg/i

materials).

effective

Section 304.142

 New Source Performance Standards

 (Repealed)

~

~

a+

~

Ammonia Nitrogen

 (as N)

(April-October)

(November-March)

Arsenic (total)

Barium (total)

Cadmium

 (total)

Chromium

 (total hexavaient)

Chromium (total trivalent)

Copper (total)

Cyanide

 (total)

Fluoride

 (total)

Iron (total)

Iron

 (dissolved)

Lead

 (total)

Manganese

 (total)

Mercury (total)

Nickel

 (total)

Oil,

 fats and grease

00550, 00556

or 00560

32730

01147

01077

2.5

4.0

1.0

5.0

 0.15

0.3

1.0

1.0

0.10

15.0

2.0

0.5

0.1

1.0

0. 0005

1.0

15.0*

53-275

—4—

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(Source:

 Amended at 7

 iii.

 Reg.

 effective

Section 305.102

 Reporting Requirements

a)

 Every person within this State operating a pretreatment

works, treatment works, or wastewater source shall

submit operating reports to the Agency at a frequency

to be determined by the Agency.

 Such reports shall

contain information regarding the quantity of influent

and of effluent discharged,

 of wastes bypassed and

of combined sewer overflows;

 the concentrations of

those physical, chemical, bacteriological and radiologi-

cal parameters which shall be specified by the Agency;

and any additional information the Agency may reasonably

require.

 This reporting requirement for pretreatment

works shall only apply to those pretreatment works

~1~a&.e~thefwhich:

1)

 Discharge toxic pollutants,

 as defined in Section

502(13)

 of the CWA, or pollutants which may

interfere with the treatment process,

 into the

receiving treatment works~or are subject to

regulations promulgated under Section 307 of the

Clean Water Act

(CWA);

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 5-day biochemical oxygen demand.

b)

 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.

(Source:

 Amended at 7

 Ill.

 Reg.

 effective

—5—

Section 306.405

 Notification by Agency

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.

(Source:

 Former Section 306.405 renumbered to Section 306.406,

new Section 306.405 added at

 7 Iii.

 Reg.

 effective

Section 306.40~6

 Appeal

Any sanitary district or other wastewater treatment or transpor-

tation authority responsible for authorizing new sewer connections,

may petition, pursuant to Title X of the Act and Paf’~-~S-e~

S~~e-A

35

 Iii. Adm.

 Code 105,

 for a hearing before the Board

to contest the decision of the Agency to place

 it on restricted

status.

(Source:

 Former Section 306.406 renumbered to Section 306.407,

new Section 306.406 renumbered from Section 306.405 and amended

at

7

 Ill.

 Reg.

 effective

Section 306.406

7

 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 at

7 III. Req.

 effective

Section 307.103

 Mercury

a)

 Except as provided below, no person shall

 cause or

allow the concentration of mercury in any discharge

to a publicly owned or publicly regulated sewer system

to exceed the following level,

 subject to the averaging

rule contained

 in 35 Ill.

 Adm. Code 304.104(a):

STORET

 CONCENTRA-

CONSTITUENT

 NUMBER

 TION (mg/i)

Mercury

71900

 0.0005

—~

b)

 It shall be anexception t~

 ~r~pj~(a)

the

discharge is

 to a publicly owned or publicly regulated

sewer system which is required to meet a limitation less

stringent than the 0.0005 mg/i mercury concentration in

which case the discharge limitation shall be the

same

as that applicable to the ~ublicly owned or regulated

sewer system to which it discharges.

53-277

—6—

~c)

 It shall be an exception to paragraph

(a)

 if all the

following conditions are met:

1)

 The discharger does not use mercury; or,

the

discharger uses mercury and this use cannot be

eliminated;

 or, the discharger uses mercury only

in chemical analysis or

 in laboratory or other

equipment and takes reasonable care to avoid

contamination of wastewater;

 and,

2)

 The discharge mercury concentration is less than

0.003 mg/i,

 as determined by application of the

averaging rules of

35

 Ill.

 Adm. Code 304.104(a);

 and,

3)

 The discharger is providing the best degree of

treatment consistent with technological feasibility,

economic reasonableness and sound engineering

judgment.

 This may include no treatment for

mercury;

 and,

4)

 The discharger has an inspection and maintenance

program likely to reduce or to prevent an increase

in the level

 of mercury discharges.

ed)

 The discharge of wastes from medicinal or therapeutic

 use of mercury, exclusive of

 laboratory use,

 shall

be

exempt from the limitations of paragraph

 (a) of this

section if all the following conditions are met:

1)

 The total plant discharge is less than 227g

(one half pound)

as

Hg

 in any year;

2)

 The discharge

 is to a

public

 sewer system;

and

3)

 The discharge does not, alone or in conjunction

with other sources, cause the effluent from the

sewer system or treatment plant to exceed 0.0005

mg/i of mercury.

4e)

 No person shall cause or allow any discharge of mercury

to a publicly owned or publicly regulated sewer system

which, alone or in combination with other sources,

causes

 a violation by the eewer wastewater treatment

plant discharge of the water quality standard of

Part 302 for mercury applicable

 in the receiving

stream.

53-278

—7—

ef)

 For purposes of permit issuance the Agency may consider

application of the exception of paragraph

 (b) or

(C)

to

determine compliance with this Section.

 The Agency

may impose permit conditions necessary or required to

assure continued application of the exception.

When

paragraph

(b)

or

 (c) applies, the Agency may impose an

effluent limitation in the permit which allows the

discharge of a concentration of mercury greater than

0.0005 mg/l but not more than 0.003 mg/l.

(Source:

 Amended at

 7 Ill.

 Reg.

 effective

Section 309.102

 NPDES Permit Requirement

a)

 Except as in compliance with the provisions of the Act,

Board regulations, and the CWA,

 and the provisions

and conditions of the NPDES permit issued to the

discharger,

 the discharge of any contaminant or pollutant

by any person into the waters of the State from

a

point source or into a well shall be unlawful.

 Neither an NPDES permit nor a state permit is required

for any discharge into a well which is authorized by

a UIC (Underground Injection Control)

 permit issued by

the Agency pursuant to 35

 Ill. Mm. Code 702 and 704 of

Subtitle

G.

 For such wells, compliance with the UIC

permit requirements of Section 12(g)

 is deemed compliance

with the NPDES permit requirement of Section 12(f)

of

the Act.

(Source:

 Amended at 7

 Ill.

 Reg.

 effective

Section 309.153

 Deep Well Disposal of

 Pollutants

 (Repealed)

~

we~?are~

Section 309.191

 Effective Dates

~

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53-279

—8—

a)

 Except as otherwise provided, Subpart A became effective

on October 24,

 1977.

b)

 The UIC permit exception of Section 309,102(b)

 will become

effective upon filing with the Secretary of State of a

letter from USEPA approving the UIC program for the State

~

 Illinois pursuant to Section 1422 of the Safe Drinking

Water Act

 (42 U.S.C.

 300f

 et seq.)

 and 40 CFR 123,

(Source:

 Amended at

 7 Iii,

 Reg.

 effective

Section 309.202

 Construction Permits

Except for treatment works or wastewater sources which have or

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 of any

new treatment works, sewer or wastewater source or

cause or allow the modification of any existing treatment

works,

 sewer or wastewater source without a construction

permit issued by the Agency, except as provided in

paragraph

 (b).

b)

 Construction permits shall not be required for the

following:

1)

 Storm sewers that transport only land runoff;

or

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 (5700

 1/day)

of domestic sewage and which will discharge,

if

at all, directly to a publicly owned or publicly

regulated sanitary or combined sewer

or

3)

 Any sewer required

 statute to secure a permit

pursuant to Section

 3 of “An Act to provide

 for,

license and regulate mobile homes and mobile home

parks”,

 P.A.

 77—1472,

 (Ill.

 Rev.

 Stat.

 1981,

ch.

 111½, par.

 713); 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 predecessors;

provided however, that all construction must be

completed within four years from the effective date

of this Subpart B; or

53-280

—9—

5)

 Privately owned sewers tributary to industrial

treatment works owned by the same person if the

additional waste

 load does not exceed the permitted

design capacity of the industrial treatment 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 pretreatment

works,

 after construction or modification, will:

1)

 Discharge toxic pollutants,

 as defined

 in Section

02(13)

 of the

CWA,

 or pollutants which may inter-

fere with the treatment process into the receiving

treatment works? or be

 subject to regulations

promulgated under Section 307

 of the Clean Water

Act

(CWA);

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;

(Source:

 Amended at

 7 Ill.

 Req.

 effective

Section 309.203

 Operating Permits; New or Modified Treatment Works,

Sewers and Wastewater Sources

No person shall cause or allow the use or operation of any treat-

ment works, sewer,

 or wastewater source for which

 a construction

permit is required under Section 309.202 without an operating permit

issued by the Agency, except ?ef—~e~-~e~~-e~efa

~

 as may

be authorized by the construction permit.

 No operating permit

is

required under this Section for any discharge for which an NPDES

permit is required.

~

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 ~04fh

3 +

3—0 ~

~he

—

53-281

—10--

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(Source:

 Amended at

7

Iii.

 Reg.

 effective

Section 309.204

 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 wastewater

source without an operating permit issued by the Agency,

except as provided in paragraphs

 (b),

 (c), and

 (d).

b)

~

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 ±erts-o?—&ee’~±e~

+~+f~+—e?—the—Ae~-.rNo operating permit

 is required

under this Section for any aischarge 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

(5700

 1/day) of domestic sewage and which~ç~g~

if at all, directly to a publicjy owned or publicly

regulated sanitary or combined sewer.

d)

 Operating permits are not required for those pretreat-

ment works ~

 or wastewater sources discharging

to a sewer tributary to

 a treatment works which will

not:

1)

 Discharge toxic pollutants,

 as defined

 in Section

502(13)

 of the ~WA, or pollutants which may inter-

fere with the treatment process into the receiving

treatment works~or ~be~~ulations

~omulgated

 under Section 307 of the Clean

Water Act

 ((TWA); 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.

(Source:

 Amended at 7

 Iii. Reg.

 effective

53-282

—11—

Section 309.207

 Former Permits

 (Repealed)

a+

 P~e—

~

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 -for

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3G~2047

~3

~

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(Source:

 Amended at

7

 Ill. Reg.

 effective

Section 309.241

 Standards for Issuance

a)

 The Agency

 shall not grant any permit required by this

Subpart

 B, except an experimental permit under Section

309.206,

 unless the applicant submits adequate proof

that the treatment works,

 pretreatment works, sewer,

or wastewater source

 will

e~.

~

 be constructed, modified,

 or operated

 so as

not to cause a violation of the Act or of this

Chapter? and.

b)

~

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 If the A9ency

has promulgated, pursuant

 to Section 309.262, criteria

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

 if the condition

of sub—section

(a)

 of this section

 is met.

perMy—w~ere—a~4ea~e~

(Source:

Amemded

Ill,

Reg.

 effective

53-283

—12—

Section 309.262

 Design,

 Operation and Maintenance Criteria

a)

 The Agency may adopt ~

criteria for the design, operation, and maintenance

of treatment ~orke, pretreatment ~oxks, se~ers,am~

wastewater sources.

 These ~eeed~es

 criteria shall

be revised from time to time to reflect current engi-

neering

 judgement and advances

 in the state

 of the art.

b)

~

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A~e~ey-I~ie~

 The Agency shall adopt such procedures

as are necessary for permit issuance under this Subpart

B of Part

309.

~3

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(Source:

 Amended at

7

 Iii.

 Req.

 effective

Section 309.264

 Permit Revocation

a)

~

the-prev4~ ~

~

~

A permit issued under this Subpart

B

may be revoked

for cause which includes, but

 is not limited

 to,. the

following:

1)

 Cause as set forth in Rule Section 309,182(b);

or

2)

 Delipquency

 in payment of any charges which may

be required to be paid under Section 204(b)

 of the

Clean Water

 Act.

—

53-284

—13—

b)

~

~—fee~theree1!—ae-?e~f—fevo—

~

Revocation m~ be sought by filing a complaint with

the Board pursuant to Part 103 of the Procedural Rules.

(Source:

 Amended at

7

 Ill.

 Reg.

 effective

IT IS SO ORDERED.

I, Christan L. Moffett,

 Clerk of the Illinois Pollution

Control Board hereby c~t~ythat the above OpiniQ~and Order

was adopted on the ____________day of

 1983,

by a vote of

~

ChrIstan

 L, Moffet

 9~rk

Illinois Pollution Cont~rolBoard

53-285