ILLINOIS POLLUTION CONTROL

BOARD

January 10, 1980

IN

THE

MATTER OF:

)

R78—6

PROCEDURAL

RULES REVISIONS (Part VI:

)

Hearings Pursuant to Specific Rules)

)

SUPPLEMENTAL ORDER OF THE BOARD (by Mr.

Goodman):

The December 13, 1979 Order in this matter indicated no

changes to old Parts VI and VI (A).

They

now

are denominated

Rules 601—607 and Rules 611—614 as indicated below:

PART VI:

HEARINGS PURSUANT TO SPECIFIC RULES

601—609

Rule 203(i)(5) of the Water Pollution Control Reg-

ulations

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, shall be

commenced

by. filing a petition for Rule 203(i)(5) hearing

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 to the Bpard any

reports or other evidence in accord

with

Rule 602

hereinafter including all evidence petitioner

intends to introduce at the hearing.

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 condenser

cooling system;

37—175

---

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.

Estimated date of retirement for each unit at

the plant and any plans

for additional

units

at the plant;

7.

History of plant shutdowns;

and

8~

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, etcj,

in narrative

forms;

and,

2.

Summary information on temperature of dis-

charge to receiving waters

in narrative

form,

(c)

Plume Studies

1.

Actual plume studies

in the last five years

correlated with plant operation and meteoro~

logical conditions;

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, air temperature;

such studies

shall consider the frequency of

occurrence and their joint probabilities of

occurrence;

and,

3.

Theoretical plume studies which identify iso~

therms at

30

Fahrei~heitinvervals down to

ambient temperature indicating three dimen-

sional effects,

(d)

The discharger

shall satisfactorily demonstrate

that discharges

from that source have not caused

and

cannot be reasonably expected to cause signifi-

cant ecological damage to the receiving waters,

including but not limited to:

1.

Biological studies

in the last five years on

receiving waters,

including species studies,

location of studies, and conclusions reached,

37—176

---

including conclusions as to

both

the lethal

and sublethal effects of the thermal discharge;

2.

The impact on other animal life (wildfowl,

amphibians, etc.)

3.

Secondary considerations

(a)

Possible and

known

impact

on recreation

from thermal discharges; and

(b)

environmental harm established under

paragraph

(d)

above.

4.

The required showing in this paragraph

(d)

may take the form of an acceptable and still

accurate

final

environmental

impact

statement

or pertinent provisions of environmental

assessments used in the preparation of the

final

environmental

impact

statement,

or

may

take

the

form

of

a

showing

pursuant

to

Rule

410(c)

or

Rule

203(i)(10).

603

Parties.

The Agency shall be joined as a party in any

hearing pursuant to this part.

604

Recommendation

(a)

Within sixty days of the filing of the petition,

the

Agency

may

make

a

recommendation

to

the

Board

as

to

the

ecological

impact

of

the

thermal

dis-

charges

from

petitioner’s

source

upon

the

receiving

waters

•

Such recommendation may include:

1.

A

description

of

the

efforts

made

by

the

Agency

in

condpicting

its

review;

2.

The Agency’s conclusion as to whether dis-

charges from the source have caused or can

reasonably

be

expected

to

cause

significant

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

implementation

of

such

measures;

and

5.

The Agency’s conclusion of what disposition

should be made of the petition.

37—177

---

—4—

(b)

The

Agency

shall

serve

a

copy

of

its

recommenda-

tion upon petitioner personally or by First Class

United States mail, and ten copies shall be filed

with the Clerk with proof of service.

Filing of

a recommendation by the Agency beyond the sixty-

day

period

shall.

be grounds for the Board to post-

pone consideration of the petition to a date which

will allow reasonable

time

to prepare.

Cc)

The petitioner or any other person may file a res-

ponse to the Agency recommendation within 14 days

with proper notice given to the Board and the

605

Notice

and

Rearing

(a)

The

Clerk

shall

give

notice

of

the

petition

and

hearing

in

accordance

with

Part

III of these Rules.

The proceedings shall be in accordance with the

Rules

set

forth

in

Part

III.

However,

the

Part

In

requirements

as

to

the

county

in

which

the

hearing

is

to

be held shall be inapplicable.

(b)

In a hearing, the burden of proof shall be on

petitioner.

Cc)

The record from any proceeding pursuant to Rule

203(i)(10) or Rule 410(c) of the Chapter 3, in

which the source which is the subject of the Rule

203(i)(5) hearing was a party, shall be incorpor-

ated into the record of the Rule 203(i)(5) hearing.

606

Transcripts

(a)

In any proceeding brought pursuant to Rule

203(i)(5),

the petitioner at its

own

cost shall

furnish to the Board within 15 days following the

completion

of

the

hearing

seven

legible copies of

a

complete

stenographic

transcript

of

the

proceed-

ings

of the hearing.

(b)

Upon petition and good cause shown, the Board may

assume

such cost.

607

Opinion

and

Order

(a)

Subsequent

to

hearing,

the

Board

shall

prepare

a

written

Opinion

and

Order, which shall include:

1.

Findings of fact, with references to princi-

pal supporting items of evidence in the

record;

37—178

---

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 appro-

priate.

(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

implementation of such corrective measures within

the time prescribed.

Cc)

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.

608—610

Reserved

611—619

RULE

203(i)(10) OF THE WATER POLLUTION CONTROL

REGULATIONS

611

Petition

—

A hearing pursuant to Rule 203(i) (10) of the

Water Pollution Control Regulations, Chapter 3 of the

Board’s

Rules

and

Regulations,

shall

be

commenced by

filing a petition for a determination of specific ther-

mal standards pursuant to Rule 203(i)(10)(ee).

At the

time such petition is filed, the petitioner shall sub-

mit to the Agency and to the Board any reports or other

evidence

which

it

plans

to

introduce

in

support

of

said

612

Notice and Hearing

(a)

The Clerk shall give notice of the petition and

hearing in accordance with Part III of these Rules.

The proceedings shall be .in accordance with the

Rules

set

forth

in

Part

III,

except

as

otherwise

provided

herein.

(b)

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

petitioner.

Cc)

Intervention shall be allowed by any party in

accordance

.

with Rule 310 of this Chapter, except

that

such

intervention

shall

not

be

limited

by

parts 310(a)(1) and 310(a)(2) of that Rule.

613

Transcripts

37-179

---

(a)

In any proceeding brought pursuant to Rule

203(i)(1O), the petitioner at its own cost shall

furnish to the Board within 15 days following the

completion of the hearing seven legible copies of

a complete stenographic transcript of the proceed-

ings of the hearing.

(h)

Upon petition and good cause shown, the Board may

assume such cost,

614

This part pertaining to Rule 203(i)(1O)

shall apply to

petitions filed subsequent to April

1,

1977.

615—620

Reserved

IT IS SO ORDERED.

Mr. Werner dissents.

I, Christan

L.

Moffett,

Clerk of the Illinois Pollution

Control Board, hereby certify the above Order was adopted on

the

day of ~4i41~~e~6..

,

1980 by

a vote of

~

stan L.

Motte

Illinois Pollution

37—180