TITLE 35: ENVIRONMENTAL PROTECTION
                                         
    SUBTITLE C: WATER POLLUTION
                                         
    CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
                                         
     
    PART 373
    THIRD STAGE TREATMENT LAGOON EXEMPTIONS
     
                                         
    SUBPART A: INTRODUCTION
     
    Section
    373.101 Purpose
    373.102 Definition of a Third Stage Treatment Lagoon Facility
    373.103 Eligibility
     
    SUBPART B: FACILITY INFORMATION
     
    Section
    373.201 Application Requirement
    373.202 Facility Description
    373.203 Population Equivalent Requirements
    373.204 Sufficient Isolation Requirements
    373.205 Useful Life
     
    SUBPART C: STREAM INFORMATION
     
    Section
    373.301 Critical Length
    373.302 Stream Description
    373.303 Smaller Facilities
    373.304 Stream Assimilative Capacity
    373.305 Model Limitations
     
    APPENDIX A Maximum Critical Length
    APPENDIX B Modified Streeter-Phelps Equation
    APPENDIX C Hydraulic Parameters
    APPENDIX D Model Limitations
     
    AUTHORITY: Implementing and authorized by Section 39(a) of the
    Environmental Protection Act (Ill. Rev. Stat. 1989, ch. 111 1/2, par.
    1039(a)).
     
    SOURCE: Emergency rule adopted December 2, 1974, amended rule filed March
    1, 1976, effective March 11, 1976; rules repealed, new rules adopted at 8
    Ill. Reg. 3286, effective March 7, 1984; amended at 12 Ill. Reg. 3472,
    effective January 22, 1988; amended at 14 Ill. Reg. 18289, effective
    October 30, 1990.
    SUBPART A: INTRODUCTION
                                         
     
    <BSection 373.101 Purpose>>
     
    This Part describes information required in an application for lagoon
    exemption effluent limitations allowed by 35 Ill. Adm. Code 304.120(a) and
    (c). An approved lagoon exemption is required before the appropriate
    limitations can be specified in a National Pollution Discharge Elimination
    System (NPDES) permit.
     
    <BSection 373.102 Definition of a Third Stage Treatment Lagoon Facility>>
     
    A third-stage treatment lagoon is defined as a waste treatment facility
    employing an aerated or nonaerated waste stabilization lagoon alone or in
    conjunction with one or more additional treatment units in which the units
    are incapable of producing an effluent quality equal to or better than
    otherwise applicable effluent limitations of 35 Ill. Adm. Code 304.120 and
    water quality standards of 35 Ill. Adm. Code 302.
     
    (Source Amended at 12 Ill. Reg. 3472, effective January 22, 1988)
     
    <BSection 373.103 Eligibility>>
     
    In accordance with the requirements of 35 Ill. Adm. Code 304.120(a) and
    (c), third stage treatment lagoon facilities must, in order to be eligible
    for consideration for a lagoon exemption, be properly constructed pursuant
    to 35 Ill. Adm. Code 370, and properly maintained and operated; cannot
    alone or in combination with other sources cause a violation of the
    applicable dissolved oxygen water quality standard of 35 Ill. Adm. Code
    302.206; and must qualify under one of the following categories:
    a) Any wastewater treatment works with an untreated waste load of
    less than 2,500 Population Equivalents (P.E.), which is
    sufficiently isolated so that combining with other sources to
    aggregate 2,500 P.E. or more is not practicable.
    b) Any wastewater treatment works in existence and employing third
    stage treatment lagoons on January 1, 1986, whose untreated waste
    load is 5,000 P.E., or less and sufficiently isolated that
    combining to aggregate 5,000 P.E. or more is not practicable.
    c) Any wastewater treatment works with an untreated waste load of
    5,000 P.E., or less, which has reached the end of its useful life
    (see Section 373.205) by January 1, 1987, and is sufficiently
    isolated that combining to aggregate 5,000 P.E. or more is not
    practicable.
    d) Any wastewater treatment works with an untreated wasteload of
    5,000 P.E. or less which has not reached the end of its useful
    life and which has received an adjusted standard determination
    from the Board that it qualifies for a lagoon exemption. Such a
    Board determination will only be made in an adjusted standard
    proceeding, held in accordance with Section 28.1 of the
    Environmental Protection Act (Ill. Rev. Stat. 1989, ch. 111 1/2,
    par. 1028.1) and applicable by procedures set forth by 35 Ill.
    Adm. Code 106.
    1) In an adjusted standard proceeding the Board may determine
    that the petitioning wastewater treatment source qualifies
    for a lagoon exemption if the wastewater treatment works
    proves that it is so situated that a land treatment system is
    not a suitable treatment alternative. Factors relevant to a
    suitability finding may include the following: cost;
    influent character; geographic characteristics; climate; soil
    conditions; hydrologic conditions; and the availability of
    irrigable land.
    2) For the purpose of this subsection (d), a land treatment
    system is a wastewater treatment system which does not
    directly discharge treated effluent to water of the State but
    instead uses the treated effluent to irrigate terrestrial
    vegetation.
     
    (Source: Amended at 14 Ill. Reg. 18289, effective October 30, 1990)
     
    SUBPART B: FACILITY INFORMATION
                                         
     
    <BSection 373.201 Application Requirement>>
     
    In order to have the effluent limits stated in 35 Ill. Adm. Code 304.120(a)
    and (c) included in an NPDES permit, the discharger shall submit a written
    application to the Agency containing the information required by this Part.
    The application shall be on a form provided by the Agency.
     
    <BSection 373.202 Facility Description>>
     
    The application shall describe the facility including, at a minimum:
    a) location,
    b) design and operating data,
    c) untreated waste load and effluent quality,
    d) construction permit and NPDES permit information, and
    e) useful life of the facility being replaced, if applying per
    Section 373.103(c), and
    f) any proposed expansion or upgrading program.
     
    (Source: Amended at 12 Ill. Reg. 3472, effective January 22, 1988)
     
    <BSection 373.203 Population Equivalent Requirements>>
     
    a) If applying per Section 373.103(a), the applicant shall show that
    the facility is presently receiving an untreated organic waste
    load of less than 2,500 P.E.
    b) If applying per Section 373.103(b) or (c), the applicant shall
    show that the facility is presently receiving an untreated organic
    waste load of 5000 P.E. or less.
    c) If the facility is treating a waste load of less than the
    applicable P.E. limit as specified in Section 373.103 but is
    designed to treat a greater load, this regulation may be applied
    until the facility begins to treat the allowed maximum waste load.
    A specific deadline which estimates when this loading limit will
    be reached shall be included in the permit.
     
    (Source: Amended at 12 Ill. Reg. 3472, effective January 22, 1988)
     
    <BSection 373.204 Sufficient Isolation Requirements>>
     
    The applicant shall show that the facility is sufficiently isolated so that
    combining with other sources to aggregate 2,500 P.E. or more if applying
    per Section 373.103(a), or more than 5,000 P.E. if applying per Section
    373.103(b) or (c), is not practical.
    a) If the facility is not located in a designated facilities planning
    area the facility will be considered isolated.
    b) If the facility is located in a designated facilities planning
    area which has less than the allowable total wastewater load, it
    will be considered isolated. If load forecasts suggest that the
    P.E. limit will be met within the design life of the facility, the
    lagoon exemption will be granted for only a fixed period of time.
    At each permit renewal, the condition shall be reevaluated based
    on actual load increases.
    c) If the facility is located in a designated facilities planning
    area with more than the allowable total wastewater load, the
    exemption shall be denied unless one or more of the following
    conditions are met:
    1) The facility is a permanent feature of an approved facilities
    plan for the area.
    2) The facility is an interim feature of an approved facilities
    plan, in which case the exemption shall be granted with
    termination conditions as provided for in the plan.
    3) The facility was not addressed in an approved facilities
    plan, and all units of government which might be considered
    capable of providing service have indicated in writing their
    inability to do so on equitable terms.
    4) There is no completed and approved facilities plan for the
    area and the discharge is not located within the area of
    zoning control of any municipality or within any sewer
    district or any other unit of government capable of providing
    sewer service. In this case, the isolation criteria shall be
    satisfied on an interim basis pending completion and approval
    of the facilities plan for the area. In such instances, a
    lagoon exemption may be issued for a specified time period,
    subject to review and extension or termination after approval
    of the completed facility plan.
     
    (Source: Amended at 12 Ill. Reg. 3472, effective January 22, 1988)
     
    <BSection 373.205 Useful Life>>
     
    Applicants wishing to qualify for an exemption under Section 373.103(c)
    must complete a Useful Life evaluation. This evaluation must demonstrate
    that the existing facility has exceeded its useful life. Useful life is
    considered to be the time span over which a wastewater treatment facility
    can be expected to be economically operated and maintained. Useful life is
    distinctly different from design life. Publicly owned treatment works
    constructed with the assistance of a federal or state construction grant
    must, at the minimum, be operated and maintained for the design life of the
    project (typically 20 years). The Useful Life requirement is intended to
    prevent the premature retirement of facilities capable of meeting the more
    stringent effluent limits of 10mg/1 BOD and 12 mg/1 total suspended solids.
    The evaluation is also intended to assess the Useful Life of individual
    components of the existing facility, so that any salvageable components are
    incorporated into the proposed facility for which an exemption is requested
    should it prove to be cost-prohibitive to continue to meet the more
    stringent limits. This ensures that the highest degree of treatment
    possible is provided, in the most cost-effective manner. Applicants will
    provide the following information:
    a) Determine the structural integrity of the individual units in the
    existing facility.
    b) Review the operations and maintenance record for past performance.
    c) Relate Subsections (a) and (b) to the expected life cycle for the
    individual units. USEPA provides the following general guidelines
    for life cycle: conveyance structures (piping) -- 50 years;
    process equipment -- 15 to 20 years; buildings and concrete
    tanks -- 30 to 50 years; auxiliary equipment -- 10 to 15 years.
    d) Determine the present worth cost to continue use of the existing
    facility over a 5, 10 and 20 year planning period using standard
    engineering economic analysis. Sunk costs are not included in
    this analysis. Relate this cost to user charges.
    e) Describe alternatives to using the existing facility, ranging from
    addition of one or more lagoon cells in conjunction with upgrading
    of existing facilities to the construction of an entirely new
    lagoon system. Determine the present worth costs of these
    alternatives over the same planning horizons. Relate these costs
    to user charges.
     
    (Source: Added at 12 Ill. Reg. 3472, effective January 22, 1988)
     
    SUBPART C: STREAM INFORMATION
                                         
     
    <BSection 373.301 Critical Length>>
     
    The applicant shall provide information about the stream to which the
    facility discharges. This information shall describe the stream for its
    critical length as determined by the procedure outlined in Appendix A.
     
    <BSection 373.302 Stream Description>>
     
    The applicant shall provide the following information at a minimum:
    a) The name of the receiving stream and the progression of higher
    order streams it flows into, up to and including the major river
    basin;
    b) The location of the point of discharge by county and United States
    Geological Society (USGS) coordinates;
    c) A copy of the most recent 7.5 or 15 minute USGS topographic map,
    showing the entire critical stream length, the point of discharge
    for which the exemption is being requested and the discharge point
    of other dischargers if known;
    d) A description of the stream's physical characteristics including
    substrate, channel obstructions, bank condition, and degree of
    meandering. This description shall also include a statement of
    the presence or absence of sludge or organic deposits of unnatural
    origin in amounts that are likely to elevate sediment oxygen
    demand above background levels for similar streams in the
    vicinity; and
    e) The name, location, design average flow rate and NPDES permit
    limitations of other wastewater sources (if any) which may
    influence the critical length of the receiving stream.
     
    <BSection 373.303 Smaller Facilities>>
     
    a) Facilities which meet the following conditions need not perform
    the analysis required by Section 373.304:
    1) The facility must be designed for a waste load less than 750
    P.E., and
    2) The critical length of stream below the discharge is not
    subject to significant sediment oxygen demand from bottom
    deposits as described in Section 373.302(d).
    b) After review of the application for smaller facilities the Agency
    shall require further stream study if warranted by local
    conditions including:
    1) the impact of other dischargers on the stream,
    2) the stream use designation or stream segment classification,
    or
    3) other characteristics that would limit the assimilative
    capacity of the stream.
     
    <BSection 373.304 Stream Assimilative Capacity>>
     
    a) Unless conditions as described in Appendix D indicate otherwise,
    the applicant shall use the Modified Streeter-Phelps Equation
    contained in Appendix B to predict the influence of the treated
    wastewater discharge on the dissolved oxygen profile of the
    receiving stream.
    b) The critical conditions for estimating the stream assimilative
    capacity shall include:
    1) the 7-day 10-year low flow value,
    2) ambient BOD concentration,
    3) ambient total ammonia nitrogen concentration,
    4) ambient dissolved oxygen concentration,
    5) the lagoon system discharge at its design average flow rate
    and design effluent quality,
    6) expected maximum stream temperature, and
    7) other hydraulic parameters as described in Appendix C.
     
    <BSection 373.305 Model Limitations>>
     
    If the limiting factors described in Appendix D are present in the stream,
    the exemption shall be denied.
     
    <BSection 373.APPENDIX A Maximum Critical Length>>
     
    The maximum critical length of a receiving stream is the distance
    (downstream from the wastewater source) required at 7-day 10-year low flow
    to reestablish an instream BOD5 of 5 mg/l. The amount of time required to
    reestablish the 5 mg/l BOD 5 is termed the critical time of travel. The
    maximum critical length can be estimated by computing the maximum critical
    time of travel, which can be approximated using the following equation:
     
    tc <Plesser than>> -1/Kc ln (5)/Ef
     
    ln = natural logarithm function
    Ef = BOD5 initially present in the stream
    Kc = carbonaceous decay constant
    tc = maximum critical time of travel
     
    This relationship assumes that BOD5 decays according to ordinary first
    order reaction kinetics.
     
    <BSection 373.APPENDIX B Modified Streeter-Phelps Equation>>
     
    The Modified Streeter-Phelps Equation mathematically defines the
    relationship between carbonaceous oxygen demand, nitrogenous oxygen demand,
    natural stream reaeration and the dissolved oxygen deficit as a function of
    time:
     
    D = KcLac/K2-Kc (e -Kct -e -k2t)
     
    + KnLan/K2-Kn (e -Kn(t-tO) -e -K2 (t-tO))
     
    +Dae -K2t
     
    Definition and discussion of terms:
    a) D = Dissolved oxygen deficit; units = mg/l; defined as the
    difference between the dissolved oxygen concentration at
    saturation and the actual instantaneous dissolved oxygen
    concentration at time t, i.e.,
     
    D = D.O.(sat) - D.O.(actual). From this relation, the stream
    dissolved oxygen concentration can be computed for various
    times-of-travel (t's) downstream and plotted on a graph of t vs.
    D.O.(actual).
     
    b) Kc = carbonaceous decay constant; units = 1/day; this constant
    describes the rate at which carbonaceous BOD is utilized in a
    stream. Its value may be determined experimentally for a specific
    effluent and a specific stream. The actual value of Kc depends
    essentially upon the origin and strength of the wastewater, the
    type of treatment that wastewater has undergone, as well as
    various stream characteristics.
     
    The following guidelines may be used for selection of a Kc value
    for various applications:
     
    1) Effluents containing up to and including 10 mg/l BOD5: 0.10
     
    2) Effluents containing between 10 and 30 mg/l BOD5: 0.30
     
    3) Virtually all effluents may be tested using an appropriate
    experimental procedure for a more precise determination of
    Kc.
     
    c) Lac = ultimate carbonaceous demand; units = mg/l; this term may be
    calculated once the BOD5 and Kc are known by use of the following
    equation:
     
    Ef
    Lac = <P >>
    1 - e -5Kc
     
    In this equation, Ef is the treatment works effluent BOD5.
     
    d) K2 = stream reaeration constant; units = 1/day; this constant
    describes the rate at which atmospheric oxygen diffuses into the
    water of a flowing stream. Its value depends upon the hydraulic
    and geometric properties of the stream in question. Many
    investigators have developed equations to predict K2. The
    equation given below has been shown to yield results which best
    fit the field observations of many researchers over a wide variety
    of stream types:
     
    K2 = (110.5H = 0.5832V2)<P(SV)0.375>>
    H2
     
    In this equation, "H" is average depth of flow in feet, "V" is
    stream average velocity in feet per second, and "S" is the
    dimensionless parameter, stream slope, ft./ft. Velocity and
    average depth of flow may not be estimated but must be field
    measured at the 7-day 10-year low flow stream condition or
    computed from field measurements of stream geometry (cross
    sections and slopes using ordinary principles of open-channel
    hydraulics). Significant changes in stream geometry will change
    average velocity and average depth of flow. K2 must be computed
    for each stream segment as defined in Appendix C.
     
    e) e = the Naperian logarithm base, dimensionless; e = 2.71828...
     
    f) t = time; units = days.
    g) Kn = nitrogenous decay constant; units = 1/day; this constant
    describes the rate at which nitrogenous BOD is utilized in a
    stream. Its value may be determined experimentally for a specific
    effluent and a specific stream. Previous experimental work has
    established a range of typical values for Kn of 0.25 to 0.37 per
    day with an average of 0.29 per day. It should be noted that the
    higher values of Kn yield generally more conservative results when
    applied to the Streeter-Phelps Equation.
     
    h) Lan = ultimate nitrogenous demand; units = mg/l; this term may be
    calculated, once the initial ammonia nitrogen concentration is
    established, by use of the following formula:
     
    Lan = 4.57 (Amm-N concentration in mg/l).
     
    i) tO = nitrogenous lag time; units = days; when a waste contains
    both carbonaceous and nitrogenous oxygen demand, there is usually
    a time lag before the onset of nitrogenous oxygen demand. The
    time lag may typically vary from 0-10 days with its actual value
    dependent upon the complex chemical characteristics of the waste
    as well as various stream characteristics. The value of tO may be
    experimentally determined where effluent or stream field
    measurements are practicable. In the case of well nitrified
    effluents, the value of t0 may generally be considered to be less
    than 1 day. Note that for t less than t0 the nitrogenous term,
     
    <PKnLan>> (e-Kn(t-t0) -e-K2 (t-t0))
    K2-Kn
     
    does not enter into the calculation of D.
    j) Da - initial dissolved oxygen deficit; units = mg/l. Determined
    by subtracting assumed effluent dissolved oxygen concentration of
    6.0 mg/l from dissolved oxygen saturation value at the expected
    maximum stream temperature.
    Temperature Adjustments
    KC,K2,Kn and Lac are temperature dependent quantities. The values
    calculated in accordance with the above are 20 degree Celsius values.
    Since the saturation D.O. decreases with increasing temperature, it will be
    necessary to adjust the parameters KC,K2,Kn and Lac to reflect the expected
    maximum stream temperature condition. In the equations listed below, T is
    the expected maximum stream temperature in degrees Celsius.
     
    a) Kc(T) = Kc x 1.047(T-20)
     
    b) K2(T) = K2 x 1.024(T-20)
     
    c) Kn(T) = Kn x 1.047(T-20)
     
    d) Lac(T) = Lac (0.02T + 0.6)
    Since the time of the year at which the 7-day 10-year low flow
    occurs typically varies from stream to stream, it is not possible
    to prescribe a uniform maximum temperature adjustment throughout
    the state. The maximum temperature should be ascertained from
    field measurements in the stream at the time of year at which
    7-day 10-year low flow is expected to occur. IEPA ambient water
    quality monitoring network data are available for making such
    determination. This data may be obtained by contacting the
    Division of Water Pollution Control.
     
    (Source: Amended at 8 Ill. Reg. 3286, effective March 7, 1984)
    @R+R
     
    <BSection 373.APPENDIX C Hydraulic Parameters>>
     
    In order to utilize the modified Streeter-Phelps dissolved oxygen model
    specified in Section 373.304, it is necessary to determine specific
    hydraulic parameters including mean stream depth, mean stream velocity and
    time of travel. These factors can be estimated for the critical 7-day
    10-year low flow condition through basic open-channel hydraulic
    calculations (Manning Equation) for each stream segment.
     
    The critical stream length must be divided into one or more segments of
    uniform hydraulic, geometric and water quality characteristics. The
    characteristics of importance in this analysis include volumetric flow
    rate, average stream velocity, depth and width of flow, stream slope,
    channel geometry, and BOD and total ammonia nitrogen concentrations. As a
    rule of thumb, therefore, a new segment should begin where:
    a) there is a wastewater discharge to the stream,
    b) the stream channel undergoes a change in slope or cross sectional
    geometry, or
    c) stream flow increases through addition of another point source
    discharge, or confluence with another stream with non-zero 7-day
    10-year low flow.
    @R+R
     
    <BSection 373.APPENDIX D Model Limitations>>
     
    The Modified Streeter-Phelps Equation used in this Part should not be
    construed as a precise predictive model but rather as a means of
    demonstrating adequate receiving stream assimilative capacity under
    estimated worst-case conditions. Even for a general application of this
    type, there are inherent limitations to the model that will preclude its
    utilization in some instances.
     
    The modified Streeter-Phelps Equation constitutes a steady state, one
    dimensional model and as such is limited in its application to free flowing
    stream systems that can be reasonably well represented as steady state, one
    dimensional systems. Once mixing of the wastewater discharge and natural
    stream flow is accomplished, there should be minimal vertical or lateral
    variation (throughout a given stream cross section) of key factors such as
    waste concentration, temperature, and carbonaceous and nitrogenous bacteria
    population density. In most free flowing streams in Illinois (even with
    predominantly pool/riffle morphology) this should not be a limitation.
    However, lakes, ponds, stream segments impounded by man-made structures or
    natural impediments, streams with unstable channel characteristics, swamps
    and marshes are all examples of systems that may not be successfully
    modeled with the Modified Streeter-Phelps Equation. Likewise, systems with
    wide variations in temperature, flowrate or organic loading may not reach a
    steady state condition conducive to model application. The applicant
    should be aware of these limitations when applying the model to a
    particular situation.
    @R
     
     

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