ILLINOIS POLLUTION CONTROL BOARD
February 15,
1996
IN THE MATTER OF:
)
)
PETITION OF THE CITY OF BELLEVILLE,
)
AS 96-7
ILLINOIS FOR ADJUSTED STANDARD
)
(Adjusted Standard
-
Water)
FROM
35
ILL. ADM. CODE 306.305(b)
)
ORDER OF THE BOARD (by E. Dunham):
On January 22,
1996, the City of Belleville filed a petition for an adjusted standard.
Petitioner filed a certificate of publication on February 14,
1996 certifying that notice of the
petition was published in
The Belleville News Democrat
on
February 1,
1996.
The petition seeks
an adjusted standard from the excess flow disinfection requirements of the Board’s water
pollution regulations at 35 Ill. Adm Code 306.305.
The granting of the requested relief would
allow Bclleville to discharge the effluent from its swirl concentrators to the receiving stream
without providing disinfection.
Section 28.1(c) of the Environmental Protection Act (Act)(415 ILCS
5128.1(c)
(1994))
requires apetitioner for an adj usted standard to prove that:
1.
factors relating to that petitioner
are
substantially and significantly different from
the factors relied upon
by the Board in adopting the general regulation applicable
to that petitioner;
2.
the existence of those factorsjustifies an adjusted standard;
3.
the requested standard will not result in environmental or health effects
substantially and significantly more adverse than the effects considered by the
Board in adopting the rule of general applicability; and
4.
the adjusted standard is consistent with any applicable federal
law.
In addition, 35
Ill. Adm. Code 106.705 requires the petitioner to provide certain information in
the petition to the Board.
The Board finds that the petition does not adequately address the
informational
requirements of 35 Ill. Adm. Code 106.705 and Section 28.1(c).
Particularly, the petition does
not address:
Section
106.705(d) Description of the petitioner’s activities.
Petitioner has not provided a description of its activities
in sufficient detail.
Specifically, the petitioner has not provided any description of the proposed swirl
2
concentrator. The petitioner has not provided any basis
forits estimates on the quantity
and quality of the discharge.
Section 106.705(e) Cost of Compliance Alternatives
The petition does not contain information on compliance alternatives.
Petitioner
has not provided any support for its annual costs.
Section 106.705(0 Proposed language for Board order
The petitiondoes not contain a narrative description of the adjusted standard or
propose actual language forthe Board order.
Section 106.705(g) Environmental
Impact
Petitioners have not provided
any
qualitative or quantitative information regarding
the environmental impact of its present activities.
Section 106.705(i) Consistency with Federal Law
Petitioner contends that complying with this requirement is “unduly burdensome”.
The Board believes that this information is necessary for review of the adjusted standard
and
is not “unduly burdensome” since the petitioner is required to comply with
Federal
Law.
The Board requests that the petitioner provide this information to the Board.
The Board finds that the petition does not contain sufficient information to comply with
the requirements of Section 28.1(c) of the Act or with 35 Ill. Adm. Code
106.705 regarding the
contents of apetition for adjusted standard.
Therefore, the Board finds that the petition filed by
Belleville is insufficient for Board consideration
and
directs Belleville to file an amended
petition in accordance with the requirements of Section 28.1(c) of the Act and 35 Ill. Adru. Code
106.705.
If Belleville does not tile an amended petition, addressing the above issues, on or before
April
1,
1996,this matter may be subject to dismissal.
IT IS SO
ORDERED.
3
I
Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board
hereby certify that the
above
order was adopted on the/5~day of_________________
1996. by avote of
~
A~~1
Dorothy M. G,i$i, Clerk
Illinois Po11u~j6n
Control Board
