ILLINOIS POLLUTION CONTROL BOARD

December

16,

1976

In The Matter Of:

R75—1

PROCEDURAL RULES REVISIONS

Proposed revisions

to Part VI

(as renumbered)

of the

Board’s Procedural Rules,

Ill, P.C.B. Regs.,

Ch.

1, providing

new procedures consistent with Rule 203(i) (5)

of Chapter

3:

Water Pollution, shall be set for publication.

A 45—day

public comment period will he allowed.

IT IS SO ORDERED.

Mr. Jacob D. Dumelle dissented

ORDER OF THE BOARD

(by Mr.

Zeitlin):

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, herqty certify the above Order was adopted on

the

~

day ~

1976,

by

a vote of

~

Christan

L. Moffett

Illinois Pollution Control Board

24—475

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PROPOSED

-

NOT ADOPTED

PART VI:

RULE 203(1) (5) OF THE

WATER POLLUTION CONTROL REGULATIONS

601

Petition

(a)

A hearing pursuant to Rule 203(i) (5)

of the Water Pollution

Control Regulations,

Chapter

3 of the Board’s Rules and

Regulations, may be commenced by filing a petition for a

finding pursuant to Rule 203(1) (5) with the Agency and by

filing ten copies with the Clerk of the Board.

(b)

At the time of filing its petition, petitioner shall submit

to the Agency and by affidavit

to the Board any reports

or other evidence petitioner intends

to produce at a hearing

and shall submit proof to the Board that it has submitted

such evidence to the Agency.

602

Requirements for Petition

The following information,

where applicable,

shall be filed:

(a)

General Plant Description

1.

Generating capacity;

2.

Type of fuel used;

3.

Operating characteristics

of the condensor

cooling system;

4.

History of the load factor of the plant

for the last five years;

5.

Projected load factors for the life of

the plant;

6.

History of plant shutdowns;

and,

7.

Planned, emergency, and projected shutdowns

with frequency and duration.

(b)

Description of Method

for Heat Dissipation

1.

Type of system used

(once—through, mechanical

draft cooling

towers, etc.),

in narrative form;

and,

2.

Summary information on temperature of discharge

to receiving waters in narrative form.

24

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476

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(c)

Plume Studies

1.

Actual plume studies in the last five years;

2.

Theoretical plume studies

for all four seasons

for typical and worst case conditions.

Worst

case conditions shall be identified as worst

conditions of plant load factor,

precipitation,

ambient water temperature, and air temperature;

and,

3.

Theoretical plume studies which identify iso-

therms at

10

Fahrenheit intervals down

to

ambient temperature indica~:ingthree dimensional

effects,

(d)

The discharger shall satisfactorily demonstrate that

discharges from that source have not caused and cannot

be reasonably expected to cause significant ecological

damage to the receiving waters,

including but not

not limited

to:

1.

Biological studies in the last five years on

receiving waters,

including species studied,

location of studies, and conclusions reached;

2.

The

impact

on

other

animal

life

(wildfowl,

amphibians,

etc.)

in the area as a result of

the thermal discharge;

and,

3.

Secondary Considerations

(a)

Possible and known im~~:~~act

on recreation

from thermal dischargs;

and,

(b)

Management practices employed or

planned in order

to limit the effect

of any environmental harm established

under

porn

gm

ph

(ci )

n

hove

4.

The

required

showing

in

this

paragraph

(d)

may

take

the form of an acceptable

final environmental

impact statement or pertinent provisions of

environmental assessments used

in the preparation

of the final

r

ironmental impact statement,

or

may take the

of a showing pursuant

to §316 (a)

of the FWPCA

h addresses the requirements

of

this

paragraph.

24—477

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603

Investigation and Recommendation

(a)

The Agency

shall

investigate

the

source

which

is

the

subject

of the petition for Rule 203(i) (5)

hearing

to determine the

ecological

impact

of

the

thermal

discharges

from

such

source

upon

the

receiving waters.

Within sixty days of the filing

of

the

petition,

the

Agency

shall

make a recommendation

to

the Board, which shall include:

1.

A description of the efforts made by

the Agency in

conducting its investigation;

2.

The Agency’s conclusion as to whether discharges from

the

source

have

caused

or

can

reasonably

be

expected

to

cause

significant

ecological

damage

to

the

receiving

waters;

3.

The factual basis for the Agency’s conclusion;

4.

Any

corrective

measures

which

the

Agency

recommends

be taken and the recommended time period for imple-

mentation

of

such

measures;

and

5.

The Agency’s conclusion of what disposition should

be

made

of

the

petition.

(b)

The Agency shall serve a copy of its recommendation upon

petitioner personally or by First Class United States mail,

and ten copies shall

be filed with the Clerk with proof of

service.

Failure of the Agency to timely file its recom-

mendation shall be grounds for the Board

to postpone

consideration of the petition to a date which will allow

reasonable time to prepare.

(c)

The petitioner may file

a response to the Agency recom-

mendation.

604

Notice and Hearing

(a)

1

1

no oh

jection

is

maclu

by

the

Agency

or

by

any other

person

to

the proof contained in

the petition within

21

(lays ofLer

filing of the

petitIon,

ihe

Clia

trman

slial 1

place

the

matter

on

the

Agenda

for

Board

determination

whether

or not to hold a hearing.

(b)

The Board may vote to authorize

a hearing without waiting

for the expiration of

the

21—day

period

for

filing

of

objections,

but shall not rule upon the petition without

hearing until a minimum of

60 days have elapsed.

(c)

The Clerk shall give notice of the petition and hearing

in accordance with Part IV of these Rules.

The proceedings

shall be in accordance with the Rules set forth in Part III.

(d)

In a hearing the burden of proof shall be on the petitioner

and

it shall

be the duty of the petitioner,

at hearing, to

prove each material fact alleged in the petition.

24

—

478

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605

Transcripts

(a)

In any proceeding brought pursuant

to this Part,

the

petitioner

at

its

own

cost

shall

furnish to

the Board

within

15

days

following

the

completion

of

a

hearing,

seven

legible

copies

of

a

complete

stenographic

transcript

of

the

proceedings

of

the

hearing.

(b)

Upon

petition

and

good

cause

shown,

the

Board

may

assume

such

cost.

606

Opinion

and

Order

(a)

The

Board

shall

prepare

a written Opinion and Order,

which shall include:

1.

Findings

of

fact,

with

specific

page

references

to

principal

supporting

items

of

evidence

in

the

record;

2.

The Board’s final determination as to whether discharges

from

the

source

have

caused

or

can

reasonably

be

expected to cause significant ecological damage to

the receiving waters;

and

3.

Any corrective measures the Board finds appropriate.

(b)

If the Board requires corrective measures to be taken,

it

may require the posting of sufficient performance bond or

other security to insure the im~ementation of such

corrective measures within the

tine

prescribed.

(c)

The Clerk

shall publish the Opinion and Order with the

vote of each Board Member recorded and shall notify

petitioner. of such Opinion and Order.

24

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