ILLINOIS POLLUTION CONTROL BOARD

February

2,

1989

IN THE ~4ATTER OF:

PROPOSED AMENDMENTS TO

)

35

ILL.

ADM.

CODE 304.120

)

R86—17(B)

DEOXYGENATING WASTES STANDARDS

PROPOSED RULE.

SECOND

NOTICE.

ORDER OF THE BOARD

(By J.

Marlin):

On October

20,

1988,

the Board proposed

a rule

for First

Notice.

The proposed rule

was

published

in the Illinois Register

on November

14,

1988.

12

Ill.

Reg.

18092.

The First Notice

comment period expired December

29,

1988.

On November

29,

1988,

the Board received comments from the

Secretary of State and Administrative Code Unit which suggested

non—substantive editorial changes

to

the

Boardts proposal

(P.C.

#13).

The Board has made those requested changes.

Also,

the Department

of Commerce and Community Affairs,

Small Business Office

(DCCA)

filed comments on January

19,

1989.

The Board accepts

the filing

as P.C.

#14.

In

the

comments, DCCA concludes that the proposed rule will

have no

economic effect on small businesses.

On

its own initiative

the Board

will add the phrase

“applicable procedures set forth

by”

just before “35 Ill.

Adm.

Code

106”

in Section 304.120(c)(O).

This reflects

the

possibility that this rule will

become effective prior

to

the

effective date of general

procedural rules governing

adjusted

standards which

are currently being proposed

as amendments

to

Part

106.

Given

the extent of the comments received,

the

Board

finds no

reason to substantively alter

the version of the rule

which the Board proposed

for First Notice.

The Board hereby proposes for Second Notice

the following

amendments

to be

filed with

the Joint Committee on Administrative

Rules.

TITLE

35:

ENVIRONMENTAL PROTECTION

SUBTITLE

C:

WATER POLLUTION

CHAPTER

I:

POLLUTION CONTROL BOARD

PART 304

EFFLUENT STANDARDS

SUBPART A:

GENERAL EFFLUENT STANDARDS

Section 304.120

Deoxygenating Wastes

96—81

---

2

Except as provided

in Section 306.103,

all effluents containing

deoxygenating wastes shall meet

the following standards:

a)

No effluent

shall exceed

30 mg/l of five day biochemical

oxygen demand

(BODç)

(STORET number 00310)

or

30 mg/i

of

suspended solids (~TORETnumber 00530),

except that

treatment works employing three

stage lagoon treatment

systems which

are properly designed, maintained

and

operated, and

whose effluent has

a dilution ratio

no

less than

five to one or

who qualify for exceptions

under

subsection

(c)

shall not exceed

37

rng/l

of

suspended solids.

b)

No effluent from any source whose untreated waste load

is 10,000 population equivalents or more1

or

from any

source discharging into the Chicago River

System or into

the Calumet River System,

shall

exceed 20 mg/l

of

80D5

or

25 mg/l

of suspended solids.

c)

No

effluent whose dilution ratio

is less than

five

to

one shall exc2ed

10 mg/i

of BODç or

12 mg/i of suspended

solids,

except

that.

sources employing third—stage

treatment lagoons

shall

be exempt

from this subsection

(C)

provided

all of the

following conditions are met:

1)

The waste

source qualifies under one of

the

following categories:

A)

Any wastewater treatment works with an

untreated waste load less than 2500 population

equivalents, which

is sufficiently isolated

that combining with other sources

to aggregate

2500 population equivalents or more

is not

practicable.

B)

Any wastewater p~e~y ew~e~treatment works

in existence and employing third—stage

treatment lagoons

on January

1,

1986, whose

untreated waste

load

is

5000

population

equivalents or less and sufficiently isolated

that combining

to aggregate 5000 population

equivalents or more

is not practicable.

C)

Any wastewater p~~e~yew~e~treatment works

with

an untreated waste

load of

5000

population equivalents

or less, which has

reached

the end of

its useful

life by January

1,

1987,

and

is sufficiently isolated

that

combining

to aggregate

5000 population

equivalents or more

is not practicable.

D)

Any wastewater

treatment works with an

untreated waste

load of

5000 population

q6—52

---

3

equivalents or

less which has 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.

1987,

ch.

1111/,,

par.

1028.1)

and applicable

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.

ii)

For the purposes of this

subsection

(0),

a land

treatment system

is

a wastewater

treatment system which does not directly

discharge treated effluent

to waters of

the State but instead

uses

the treated

effluent to irrigate

terrestrial

veg

e ta

tion.

2)

The lagoons are properly constructed, maintained

and operated; and

3)

The deoxygenating constituents of

the effluent do

not, alone or

in combination with other sources,

cause

a violation of

the applicable dissolved

oxygen water quality standard.

d)

No

effluent discharged

to

the

Lake Michigan basin

shall

exceed

4 mg,’l

of B0D~

or

5

mg/i

of

suspended

solids.

e)

Compliance

with

the

numerical

standards

in

this

Section

shall be determined on the basis of the type and

frequency of sampling prescribed

by the NPDES permit for

the discharge at the time of monitoring.

f)

For

the purposes of

this Section, useful

life

is the

period of time during which

it

is cost effective

to

operate

and maintain

a particular wastewater

treatment

works under consideration.

At

a minimum,

the following

factors relating to

a wastewater

treatment works

shall

be considered

in

a determination of

its useful life:

96—83

---

4

1)

Structural

and operational condition of components;

2)

Past operations and maintenance record;

3)

Cost

for continued

use; and

4)

Description

and costs

for treatment alternatives.

(Source:

Amended

at

Ill. Reg.

effective

IT

IS SO ORDERED.

J.D.

Durnelle concurred.

I,

Dorothy M.

Gunn,

Clerk of

the Illinois Pollution Control

Board,

hereby certify ~at

the above Order

was

adopted

on

the

-~°“~~

day of

--~~_~_,

,

1989, by

a vote

of

7—a

)~,

~

Dorothy M,,~unn,Clerk

Illinois Pollution Control

Board

O~_S4