1. TITLE 35: ENVIRONMENTAL PROTECTION
    2.                                      
    3. SUBTITLE C: WATER POLLUTION
    4.                                      
    5. CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
    6.                                      
    7. PART 392
    8. GUIDELINES FOR NOTIFICATION OF
    9. RESTRICTED STATUS OR CRITICAL REVIEW
    10. PURSUANT TO 35 ILL. ADM. CODE 306.105
    11.                                      
    12. SUBPART A: INTRODUCTION
    13. Section
    14. SUBPART B: DETERMINATION OF RESTRICTED STATUS
    15. SUBPART C: DETERMINATION OF CRITICAL REVIEW
    16. SUBPART D: NOTIFICATION PROCEDURES
    17. SUBPART A: INTRODUCTION
    18. Section 392.101 Purpose
    19. Section 392.102 Definitions
    20. SUBPART B: DETERMINATION OF RESTRICTED STATUS
    21. Section 392.201 Scope and Applicability
    22. Section 392.202 Criteria for Placing Sewage Treatment Plants on Restricted
    23. Status
    24. Section 392.203 Criteria for Placing Sewers and Lift Stations on
    25. Restricted Status
    26. SUBPART C: DETERMINATION OF CRITICAL REVIEW
    27. Section 392.301 Scope and Applicability
    28. Section 392.302 Criteria for Notification of Critical Review
    29. SUBPART D: NOTIFICATION PROCEDURES
    30. Section 392.401 Notification to Sanitary Districts or Other Authorities
    31. Section 392.402 Notification to the Public


TITLE 35: ENVIRONMENTAL PROTECTION



SUBTITLE C: WATER POLLUTION



CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY


 


PART 392


GUIDELINES FOR NOTIFICATION OF


RESTRICTED STATUS OR CRITICAL REVIEW


PURSUANT TO 35 ILL. ADM. CODE 306.105

 



SUBPART A: INTRODUCTION

 


Section

392.101 Purpose

392.102 Definitions

 


SUBPART B: DETERMINATION OF RESTRICTED STATUS

 

Section

392.201 Scope and Applicability

392.202 Criteria for Placing Sewage Treatment Plants on Restricted Status

392.203 Criteria for Placing Sewers and Lift Stations on Restricted

Status

 


SUBPART C: DETERMINATION OF CRITICAL REVIEW

 

Section

392.301 Scope and Applicability

392.302 Criteria for Notification of Critical Review

 


SUBPART D: NOTIFICATION PROCEDURES

 

Section

392.401 Notification to Sanitary Districts or Other Authorities

392.402 Notification to the Public

 

AUTHORITY: Implementing Section 4(g) of the Environmental Protection Act

(Ill. Rev. Stat. 1981, ch. 111 1/2, par. 1004(g)) and 35 Ill. Adm. Code

306.105 and authorized by Section 39(a) of the Environmental Protection Act

(Ill. Rev. Stat. 1981, ch. 111 1/2, par. 1039(a)).

 

SOURCE: Filed December 22, 1975, effective January 1, 1976; codified at 7

Ill. Reg. 8840.

 


SUBPART A: INTRODUCTION


Section 392.101 Purpose

 

This policy constitutes the guidelines governing notification by the Agency

to sanitary districts and other wastewater treatment or transportation

authorities of Restricted Status or Critical Review. Definitions of

Restricted Status and Critical Review as well as the criteria utilized by

the Agency for determination of Restricted Status and Critical Review are

herein presented. The Agency shall notify sanitary districts, other

wastewater treatment or transportation authorities, and the public of

Restricted Status or Critical Review in accordance with the procedures

established herein.

 


Section 392.102 Definitions

 

"Agency" means the Illinois Environmental Protection Agency.

 

"Critical Review" shall be defined as the Agency determination,

pursuant to Section 39 of the Environmental Protection Act (Ill.

Rev. Stat. 1981, ch. 111 1/2, par. 1039) and 35 Ill. Adm. Code

309.241, that a sewer is approaching hydraulic capacity or that a

sewage treatment 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.

 

"Restricted Status" shall be defined as the Agency determination,

pursuant to Section 39 of the Environmental Protection Act (Ill.

Rev. Stat. 1981, ch. 111 1/2, par. 1039) and 35 Ill. Adm. Code

309.241, 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.

 

"Sewer Connection" means a sewer for which a construction permit

is required under 35 Ill. Adm.Code 309.202.

 


SUBPART B: DETERMINATION OF RESTRICTED STATUS

 


Section 392.201 Scope and Applicability

 

The guidelines given in this Subpart B will be used in determining

imposition of Restricted Status pursuant to the requirements of 35 Ill.

Adm. Code 306.105.

 


Section 392.202 Criteria for Placing Sewage Treatment Plants on Restricted


Status

 

The Agency may place a sewage treatment plant on Restricted Status when any

of the following conditions exists, as shown by Agency field inspections,

operational reports, records of permits issued, or other information:

a) Hydraulic overloading of the treatment plant as determined by a

comparison of the permitted design capacity of the plant with the

actual average monthly flows measured at the plant during the

three low-flow months in the preceding 12-month period, adjusted

to include all outstanding (permitted but not connected) permits

issued by the Agency, or other information on hydraulic loading of

the plant available to the Agency (i.e., water pumpage, recent

development, demographic and meteorological data, etc.);

b) Organic overloading of the treatment plant as determined by a

comparison of the permitted design capacity of the plant with the

actual average monthly loadings in the preceding 12-month period,

adjusted to include any and all outstanding (permitted but not

connected) permits issued by the Agency, or other information on

organic loading of the treatment plant available to the Agency

(i.e., water pumpage, recent development, demographic and

meteorological data, etc.);

c) Continuing violation of effluent limitations established by the

treatment plant's National Pollutant Discharge Elimination System

(NPDES) permit. Determination of violation of effluent

limitations shall be made in accordance with the sampling,

testing, and averaging procedures specified in the NPDES permit;

d) Operational neglect resulting in frequent bypassing of treatment

unit(s); or

e) An Illinois Pollution Control Board decision finding a violation

of Section 12(a) of the Environmental Protection Act (Ill. Rev.

Stat. 1981, ch. 111 1/2, par. 1012(a)).

 


Section 392.203 Criteria for Placing Sewers and Lift Stations on


Restricted Status

 

a) The Agency may place sanitary sewers and lift stations on

Restricted Status in order to prevent overflows as expressly

prohibited 35 Ill. Adm. Code 306.103(b). Restricted Status may be

imposed upon the confirmation of overflows in the form of basement

backups, overflows of sanitary sewer manholes, or sanitary sewer

overflow devices.

b) All combined and sanitary sewers and lift stations are subject to

Restricted Status when they become hydraulically overloaded,

meaning unable to accommodate the following flows:

1) Combined sewers and lift stations serving combined sewers

must be able to handle 350 percent of the average daily flow

(based on best available information) before overflowing.

2) Interceptors serving both combined sewers and sanitary sewers

must be able to accommodate 250 percent of the average daily

dry weather flow (based on best available information) from

the sanitary sewers tributary thereto and 350 percent of the

average daily dry weather flow from the combined sewers

tributary thereto before overflowing.

 


SUBPART C: DETERMINATION OF CRITICAL REVIEW


Section 392.301 Scope and Applicability

 

The guidelines given in this Subpart C will be used in determining the

applicability of Critical Review.

 


Section 392.302 Criteria for Notification of Critical Review

 

Notification of Critical Review is a warning that a Restricted Status

situation is imminent, unless corrective action is taken. A facility may

be placed on Critical Review whenever, based upon information available to

it, the Agency determines that the organic or hydraulic loading of any

facility is greater than 80% of the permitted or designed capacity of that

facility, as defined in Sections 392.203(a) and (b), and 392.204(b)(1) and

(2) of this Title 35.

 


SUBPART D: NOTIFICATION PROCEDURES

 


Section 392.401 Notification to Sanitary Districts or Other Authorities

 

The Agency shall notify sanitary districts or other wastewater treatment or

transportation authorities of Restricted Status or Critical Review by the

following procedures:

a) When the Agency decides that conditions warrant that a facility be

placed on Restricted Status or Critical Review, the Agency shall

send a letter stating the type of action proposed, the reasons for

such action, and a summary of supporting documentation to the

sanitary district or other wastewater treatment or transportation

authority responsible for the facility.

b) The sanitary district or other wastewater treatment or

transportation authority shall be given the opportunity to submit

additional relevant information and to meet with the responsible

permit engineers or to respond in writing.

c) If, after review of information or response offered by the

sanitary district or other wastewater treatment or transportation

authority, the Agency's determination remains unchanged, the

Agency shall send final notification of Restricted Status or

Critical Review, stating the meaning and reasons for the action,

to the sanitary district or other wastewater treatment or

transportation authority.

d) The facility thus classified will remain under such status until

such time as the Agency receives information of a change in

condition sufficient to warrant a revision of such status, or

until a revision in status is ordered by the Pollution Control

Board. The Agency shall send notice of any revision is status to

the sanitary district or other wastewater treatment or

transportation authority.

 


Section 392.402 Notification to the Public

 

The Agency shall prepare at intervals of not more than three months:

a) A comprehensive and up-to-date list of sanitary districts and

other wastewater treatment or transportation authorities then

subject to Restricted Status on further sewer connections, and a

list of those which are then under Critical Review by the Agency.

b) Such lists shall include the name of the affected facility, the

responsible authority, and an estimate of the affected facility's

capacity. The Critical Review List shall also include the amount

of population equivalent added according to Agency permit records

since publication of the previous list.

c) All such lists shall be made available without charge to any

person upon request and shall be published in the Pollution

Control Board's Environmental Register.

 

 

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