ILLINOIS POLLUTION CONTROL BOARD
    January
    5,
    1989
    IN THE MATTER OF:
    )
    MISCELLANEOUS AMENDMENTS
    TO
    )
    R88—1
    35
    ILL.
    ADM.
    CODE,
    SUBTITLE C:
    WATER POLLUTION.
    PROPOSED AMENDMENTS:
    SECOND NOTICE
    OPINION AND ORDER OF THE BOARD
    (by R.
    C. Flemal):
    On September
    8, 1988 the Board adopted the proposed
    amendments
    in this matter
    for first notice.
    First notice
    publication occurred
    in the Illinois Register, Vol.
    12, Issue
    41,
    October
    7,
    1988,
    pp.
    15815—15853.
    No comments were filed
    in
    response to the first notice publication.
    Public hearings were held
    in Springfield on October
    27,
    1988
    and
    in DeKalb on
    November
    4,
    1988.
    The sole testimony given at
    the two hearings was
    a brief statement by the Illinois
    Environmental Protection Agency (“Agency”)
    noting
    its concurrence
    with the proposed amendments
    (R.
    at 9—10).
    Additionally,
    in
    response to
    a question posed
    by the Board
    in the First Notice
    Opinion,
    the
    Agency affirmed its conclusion that there are no
    facilities any longer regulated under Section 304.140,
    and that
    therefore deletion of this Section would
    not impose hardship on
    any discharger
    (R.
    at
    8—9).
    On December
    5,
    1988 the Illinois Department of Energy and
    Natural Resources determined that a formal Economic Impact Study
    was not required
    in this matter,
    finding that the proposed
    regulation has no economic impact.
    The Economic and Technical
    Advisory Committee concurred
    in this determination on December
    15,
    1988.
    On November
    10
    and December
    9,
    1988,
    the Department of
    Commerce and Community Affairs filed documents which indicated
    that there would be
    no economic effect on small businesses from
    the proposed rulemaking.
    Based upon this record, Board today sends the instant
    amendments
    to second notice without change from those proposed
    at
    first notice.
    ORDER
    The Board hereby directs that second notice of the following
    amendments be submitted to the Joint Committee on Administrative
    Rules.
    95—217

    —2—
    TITLE
    35:
    ENVIRONMENTAL PROTECTION
    SUBTITLE
    C:
    WATER POLLUTION
    CHAPTER C:
    POLLUTION CONTROL BOARD
    PART 301
    INTRODUCTION
    Section
    301. 101
    301. 102
    301. 103
    301.104
    301.105
    301.200
    301.205
    301. 210
    301.215
    301.220
    301.225
    301.230
    301.235
    301.240
    301.245
    301.250
    301.255
    301 .260
    301.265
    301.270
    301.275
    301.280
    301.285
    301.290
    301.295
    301. 300
    301.305
    301.310
    301.315
    301.320
    301.325
    301.330
    301.335
    301.340
    301.345
    301.350
    301.355
    301.360
    301.365
    301.370
    301.375
    301.380
    301.385
    301.390
    Authority
    Policy
    Repeals
    Analytical Testing
    References
    to Other Sections
    Definitions
    Act
    Administrator
    Agency
    Aquatic Life
    Artificial Cooling Lake
    Basin
    Board
    CWA
    Calumet River System
    Chicago River System
    Combined Sewer
    Combined Sewer Service Area
    Construct ion
    Dilution Ratio
    Effluent
    Hearing Board
    Industrial Wastes
    Institute
    Interstate Waters
    Intrastate Waters
    Land Runoff
    Marine Toilet
    Modification
    New Source
    NPDES
    Other Wastes
    Persons
    Pollutant
    Population Equivalent
    Pretreatment Works
    Primary Contact
    Public and Food Processing Water Supply
    Publicly Owned Treatment Works
    Publicly Regulated Treatment Works
    Sanitary Sewer
    Secondary Contact
    Sewage
    Sewer
    95—218

    —3—
    301.395
    Sludge
    301.400
    Standard of Performance
    301.405
    STORET
    301.410
    Storm Sewer
    301.415
    Treatment Works
    301.420
    Underground Waters
    301.425
    Wastewater
    301.430
    Wastewater Source
    301.435
    Watercraft
    301.440
    Waters
    Appendix References
    to Previous Rules
    AUTHORITY:
    Authorized
    by Section
    27
    and imp1ementii~gSection 13
    of
    the Environmental Protection Act
    (Ill.
    Rev.
    Stat.
    1987,
    ch.
    111 1/2,
    pars.
    1027 and 1013).
    SOURCE:
    Filed with the Secretary of State January
    1, 1978;
    amended
    3
    Ill.
    Reg.
    no.
    25, page
    190,
    effective June
    21, 1979;
    amended
    5 Ill.
    Reg.
    6384, effective May 28,
    1981; codified
    6
    Ill.
    Reg.
    7818;
    amended
    in R88—l
    at Ill.
    Reg.
    __________________
    effective _________________________
    Section 301.200
    Definitions
    As
    ttse~
    4r~Except
    as otherwise provided within individual Parts
    of this Chapter,
    the following terms defined by Section 301.200
    et
    seq.
    shall
    have the meanings specified.
    (Source:
    Amended
    in R88—l
    ____________
    Ill.
    Reg.
    ____________
    effective
    ______________________)
    Section 301.260
    Combined Sewer Service Area
    Combined Sewer Service Area:
    Means
    a specific geographical
    drainage area served by
    a combined sewer
    system.
    Areas served by
    separate sewer
    systems which
    enter
    the combined
    system are not
    included.
    Undeveloped areas within
    a combined sewer
    service area
    may be included
    in that area
    if deemed appropriate by the Agency
    pursuant
    to the guidelines
    in Bee~4e~ 6~~9+a~35
    Ill.
    Adm.
    Code
    306.102.
    (Source:
    Amended
    in R88—l
    _____________
    Ill.
    Reg.
    effective
    _______________________)
    95—219

    —4—
    Section 301.365
    Publicly Owned Treatment Works
    Publicly Owned Treatment Works:
    A treatment works owned by
    a
    municipality, sanitary district, county or state e~fe~ef8~
    agency,
    and which treats domestic and industrial wastes collected
    by
    a publicly owned
    or regulated sewer
    system.
    Industrial
    treatment works which are publicly owned and financed by bond
    issues of public agencies are not included in this definition.
    (Source:
    Amended
    in R88—l
    effective
    )
    Ill.
    Reg.
    Section 301.430
    Wastewater Source
    Wastewater
    Source:
    Means any equipment,
    facility,
    or other
    source of any type whatsoever which discharges wastewater,
    directly or indirectly +exeep~~
    ~ sewer
    ~
    ~e e
    e~iet~wo~’ks+, to the waters
    of the State.
    (Source:
    Amended
    in R88—l
    effective
    )
    Ill.
    Reg.
    PART 302
    WATER QUALITY STANDARDS
    SUBPART
    B: GENERAL USE WATER
    QUALITY STANDARDS
    SUBPART A:
    GENERAL WATER QUALITY PROVISIONS
    Section
    302.101
    302.102
    302.103
    302.104
    302. 105
    Section
    302.201
    302.202
    302. 203
    302. 204
    302. 205
    302.206
    302. 207
    302.208
    Scope and Applicability
    Mixing Zones
    Stream Flows
    Main River Temperatures
    Nondegradation
    SUBPART
    B:
    GENERAL USE WATER QUALITY STANDARDS
    Scope and Applicability
    Purpose
    Unnatural Sludge
    pH
    Phosphorus
    Dissolved Oxygen
    Radioactivity
    Chemical Constituents
    95—220

    —5—
    302.209
    Fecal Coliform
    302.210
    Substances Toxic
    to Aquatic Life
    302.211
    Temperature
    302.212
    Ammonia Nitrogen and Un-ionized Ammonia
    SUBPART
    C:
    PUBLIC AND FOOD PROCESSING WATER
    SUPPLY STANDARDS
    Section
    302.301
    Scope and Applicability
    302.302
    Algicide Permits
    302.303
    Finished Water Standards
    302.304
    Chemical Constituents
    302.305
    Other Contaminants
    302.306
    Fecal Coliform
    SUBPART
    D:
    SECONDARY CONTACT AND INDIGENOUS
    AQUATIC LIFE STANDARDS
    Section
    302.401
    Scope and Applicability
    302.402
    Purpose
    302.403
    Unnatural Sludge
    302.404
    pH
    302.405
    Dissolved Oxygen
    302.406
    Fecal Coliform
    (repealed)
    302.407
    Chemical Constituents
    302.408
    Temperature
    302.409
    Cyanide
    302.410
    Substances Toxic to Aquatic Life
    SUBPART
    E:
    LAKE MICHIGAN WATER QUALITY
    STANDARDS
    Section
    302.501
    Scope and Applicability
    302.502
    Dissolved Oxygen
    302.503
    pH
    302.504
    Chemical Constituents
    302.505
    Fecal Coliform
    302.506
    Temperature
    302.507
    Existing Sources on January
    1,
    1971
    302.508
    Sources under Construction But Not
    in Operation
    on January
    1, 1971
    302.509
    Other Sources
    Appendix A
    References
    to Previous Rules
    Appendix B
    Sources of Codified Sections
    95—221

    —6—
    AUTHORITY:
    Implementing Section
    13 and authorized
    by Section
    27
    of the Environmental Protection Act
    (Ill.
    Rev.
    Stat.
    1987,
    ch.
    111—1/2,
    pars.
    1013 and
    1027).
    SOURCE:
    Filed with the Secretary of State January
    1,
    1978;
    amended
    2
    Ill. Req.
    No.
    44,
    page 151,
    effective November
    2,
    1978;
    amended
    3
    Ill. Req.
    No.
    20,
    page
    95, effective May
    17,
    1979;
    amended
    3
    Ill.
    Reg.
    No.
    25,
    page 190,
    effective June 21,
    1979;
    codified
    6 Ill.
    Req.
    7818, effective June
    22,
    1982;
    amended
    6
    Ill.
    Reg.
    11161,
    effective September
    7,
    1982;
    amended
    6
    Ill.
    Reg.
    13750, effective October
    26,
    1982;
    amended
    at
    8
    Ill.
    Reg.
    1629,
    effective January 18,
    1984;
    peremptory amendment at
    10 Ill.
    Reg.
    461, effective December
    23,
    1985;
    amended
    at R87—27
    at
    12
    Ill.
    Reg.
    9911,
    effective May
    27,
    1988; amended
    in R85—29
    at
    12
    Ill.
    Reg.
    12082, effective July 11,
    1988;
    amended
    in R88—l at
    Ill.
    Req.
    _____________________,
    effective
    ______________________
    Section 302.211
    Temperature
    a)
    Temperature has STORET number
    (F0)
    00011
    and (C°)00010.
    b)
    There
    shall
    be
    no abnormal
    temperature changes
    that may
    adversely affect aquatic
    life unless caused
    by natural
    conditions.
    c)
    The normal daily and seasonal temperature fluctuations
    which existed before
    the addition
    of heat due
    to other
    than natural
    causes shall be maintained.
    d)
    The maximum temperature
    rise
    above natural temperatures
    shall not exceed 2.8°C(50F).
    e)
    In addition,
    the water temperature
    at representative
    locations in the main river
    shall not exceed
    the maximum
    limits in the following table during more than one
    percent of
    the hours
    in the 12-month period ending with
    any month.
    Moreover,
    at
    no
    time shall
    the water
    temperature
    at such locations exceed
    the maximum limits
    in the following table by more than 1.7°C(30F).
    oF
    JAN.
    16
    60
    JUL.
    32
    90
    FEB.
    16
    60
    AUG.
    32
    90
    MAR.
    16
    60
    SEPT.
    32
    90
    APR.
    32
    90
    OCT.
    32
    90
    MAY
    32
    90
    NOV.
    32
    90
    JUNE
    32
    90
    DEC.
    16
    60
    95—222

    —7—
    f)
    The owner
    or operator
    of
    a source
    of heated effluent
    which discharges ~S-7~O8 150 megawatts
    (0.5 billion
    British thermal units per hour)
    or more shall
    demonstrate
    in
    a hearing before this Board not less than
    5
    nor more than
    6 years after
    the effective date of
    these regulations or,
    in the case of new sources, after
    the commencement
    of operation,
    that discharges from that
    source have not caused and cannot be
    reasonably expected
    to cause
    significant ecological damage to
    the receiving
    waters.
    If such proof
    is not made
    to the satisfaction
    of
    the Board appropriate corrective measures shall
    be
    ordered
    to be taken within
    a reasonable time as
    determined by the Board.
    g)
    Permits for heated effluent discharges, whether
    issued
    by the Board or the Agency,
    shall
    be subject
    to revision
    in the event
    that reasonable future development creates
    a need for reallocation
    of the assimilative capacity of
    the receiving stream as defined
    in the regulation above.
    h)
    The owner
    or operator
    of
    a
    source of heated effluent
    shall maintain such records and conduct such studies
    of
    the effluents from such sources and
    of their
    effects
    as
    may be
    required by the Agency or
    in any permit granted
    under
    the Act.
    i)
    Appropriate corrective measures will
    be required
    if,
    upon complaint filed
    in accordance with Board rules,
    it
    is found
    at any time that any heated effluent causes
    significant ecological damage
    to the receiving stream.
    j)
    All effluents
    to
    an artificial cooling lake must comply
    with the applicable provisions
    of
    the thermal water
    quality standards
    as set forth
    in See~ort~9~23~
    this
    Section and ~
    35
    Ill.
    Adm. Code 303, except when all
    of the following requirements are met:
    1)
    All discharges from the artificial cooling lake to
    other waters of
    the State comply with the
    applicable provisions
    of See~er~s~9~H+~+
    ~ee~1~ ~2~+e+~-
    subsections
    (b) through
    (e).
    2)
    The heated effluent discharged
    to the artificial
    cooling lake complies with all other applicable
    provisions of
    this Chapter, except 6ee~ei’~e
    ~h~e~gh 39~-e~
    subsections
    (b)
    through
    (e).
    3)
    At
    an adjudicative hearing the discharger shall
    satisfactorily demonstrate to
    the Board
    that the
    95—223

    —8—
    artificial cooling
    lake receiving the heated
    effluent will
    be environmentally acceptable,
    and
    within the
    intent of the Act,
    including,
    but not
    limited
    to:
    A)
    provision of conditions
    capable of supporting
    shellfish,
    fish and wildlife,
    and recreational
    uses consistent with good management practices,
    and
    B)
    control of the thermal component of the
    discharger’s effluent by
    a technologically
    feasible and economically reasonable method.
    4)
    The
    required showing
    in See~e~t39~~-~++3+
    subsection
    (j)(3)
    may take the form of an
    acceptable 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 Section 316(a)
    of the CWA, which
    addresses the requirements of See~en
    3?~2~++3+~ subsection
    (j)(3).
    5)
    If an adequate showing
    as provided
    in Bee~er~
    ~
    subsection
    (j)(3)
    is found,
    the Board
    shall promulgate specific thermal
    standards
    to be
    applied
    to
    the
    discharge to that artificial cooling
    Lake.
    SUBPART C:
    PUBLIC AND FOOD PROCESSING WATER
    SUPPLY STANDARDS
    Section 302.304
    Chemical Constituents
    The following levels of chemical
    constituents shall not be
    exceeded:
    STORET
    CONCEN
    -
    TRATION
    CONSTITUENT
    NUMBER
    (mg/l)
    Arsenic
    (total)
    01002
    0.05
    Barium
    (total)
    01007
    1.0
    Cadmium
    (total)
    01027
    0.010
    Chloride
    00940
    250.
    Chromium
    01034
    0.05
    Lead
    (total)
    01051
    0.05
    95—224

    —9—
    Manganese
    (total)
    01055
    0.15
    Nitrate—Nitrogen
    00620
    10.
    Oil
    (hexane—solubles or equivalent)
    00550,
    00556
    or 00560
    0.1
    Organics
    Pesticides
    Chlorinated Hydrocarbon Insecticides
    Aldrin
    39330
    0.001
    Chlordane
    39350
    0.003
    DDT
    39370
    0.05
    Dieldrin
    39380
    0.001
    Endrin
    39390
    0.0002
    Heptachlor
    39410
    0.0001
    Heptachlor Epoxide
    39420
    0.0001
    Lindane
    39782
    0.004
    Methoxychlor
    39480
    0.1
    Toxaphene
    39400
    0.005
    Organophosphate Insecticides
    Parathion
    39540
    0.1
    Chlorophenoxy Herbicides
    2, 4—Dichlorophenoxyacetic
    acid (2,4—D)
    39730
    0.1
    2—( 2,4, 5—Trichiorophenoxy)
    propionic acid
    (2,4,5—
    TP
    or Silvex)
    39760
    0.01
    Phenols
    32730
    0.001
    Selenium (total)
    01147
    0.01
    SpF~e~esSulfates
    00945
    250.
    Total Dissolved Solids
    70300
    500.
    (Source:
    Amended
    in R88—l
    Ill.
    Reg.
    ________
    effective
    _______________
    SUBPART
    E:
    LAKE MICHIGAN WATER
    QUALITY STANDARDS
    Section 302.504
    Chemical Constituents
    The following levels of chemical constituents shall
    not be
    exceeded:
    STORET
    CONCEN—
    TRATION
    CONSTITUENT
    NUMBER
    (mg/i)
    Ammonia Nitrogen
    00610
    0.02
    Chloride
    00940
    12.0
    Sulfate
    00945
    24.0
    Phosphorus
    (as
    P)
    00665
    0.007
    95—225

    —10—
    Total Solids
    (Dissolved)
    70300
    180.0
    ey~~e
    e~a~+
    (Source:
    Amended
    in R88—i
    ________
    Ill.
    Reg.
    _________
    effective
    ________________
    Section 302.507
    Existing Sources on January
    1,
    1971
    a)
    All sources of heated effluents in existence as
    of
    January
    1, 1971 shall meet the following restrictions
    outside of a mixing zone which
    shall be no greater
    than
    a circle with
    a radius of 305 m (1000 feet)
    or
    an equal
    fixed area of simple
    form.
    1)
    There shall be no abnormal temperature changes that
    may affect aquatic life.
    2)
    The normal daily and seasonal temperature
    fluctuations that existed before the addition of
    heat shall be maintained.
    3)
    The maximum temperature rise at any time above
    natural temperatures shall not exceed 1.7°C
    (30F).
    In addition,
    the water
    temperature shall
    not exceed the maximum limits
    indicated
    in the
    following table:
    °C
    JAN.
    4~
    7
    ~
    45
    JUL.
    88
    27
    ~
    80
    FEB.
    4~
    7
    ~ 45
    AUG.
    88 ~
    ~
    80
    MAR.
    45
    7
    ~ 45
    SEPT.
    88
    T~
    ~
    80
    APR.
    ~5 13
    ~
    55
    OCT.
    6~
    TW
    ~8
    65
    JUN.
    69
    T~
    ~6 ~
    NOV.
    69
    16
    ~6 60
    JUN.
    ~9 21
    ~
    70
    DEC.
    S9
    15
    b)
    The owner
    or operator
    of
    a source of heated effluent
    which discharges ~5~999 150 megawatts
    (0.5 billion
    British Thermal Units per hour)
    or more
    shall demonstrate
    in
    a hearing before this Board not less than
    5 nor more
    than six years after the adoption of this regulation,
    that discharges from that source have not caused and
    cannot be reasonably expected
    in
    future
    to cause
    significant ecological damage to
    the Lake.
    If
    such proof
    is not made
    to the satisfaction of the Board,
    backfitting
    of alternative cooling devices shall
    be accomplished
    within
    a
    reasonable
    time as determined
    by the Board.
    95—226

    —11—
    (Source:
    Amended
    in R88—l
    effective
    )
    Ill. Reg.
    __________
    Section 302.509
    Other Sources
    a)
    No source of heated effluent which was not
    in operation
    or
    under construction as of January
    1, 1971 shall
    discharge more than
    a daily average of 2999
    29 megawatts
    (0.1 billion British Thermal Units per hour).
    b)
    Sources
    of heated effluents which discharge less than a
    daily average
    of ~988 29 megawatts
    (0.1 billion British
    Thermal Units per hour)
    not
    in operation or under
    construction as of January
    1,
    1971 shall meet all
    requirements
    of sections 302.507
    and 302.508.
    (Source:
    Amended
    in R88—l
    effective
    )
    Ill.
    Reg.
    __________
    TITLE 35:
    ENVIRONMENTAL PROTECTION
    SUBTITLE
    C:
    WATER POLLUTION
    CHAPTER
    I:
    POLLUTION CONTROL BOARD
    PART 304
    EFFLUENT STANDARDS
    SUBPART A:
    GENERAL EFFLUENT STANDARDS
    Section
    304.101
    304.102
    304.103
    304.104
    304.105
    304.106
    304.120
    304. 121
    304.122
    304.123
    304.124
    304.125
    304.126
    304.140
    304.141
    304.142
    Preamble
    D i1Ut
    ~Ofl
    Background Concentrations
    Averaging
    Violation of Water Quality Standards
    Offensive Discharges
    Deoxygenating Wastes
    Bacteria
    Nitrogen
    (STORET number
    00610)
    Phosphorus
    (STORET number 00665)
    Additional Contaminants
    pH
    Mercury
    Delays in
    Upgrading
    (Repealed)
    NPDES Effluent Standards
    New Source Performance Standards (Repealed)
    95—227

    —12—
    SUBPART
    B:
    SITE SPECIFIC RULES AND EXCEPTIONS
    NOT OF GENERAL APPLICABILITY
    Section
    304.201
    304.202
    304.203
    304.204
    304 .205
    304.206
    304.207
    304
    .
    208
    304. 209
    304 .210
    304.212
    304.213
    304.214
    304.215
    304.216
    Wastewater Treatment Plant Discharges of the
    Metropolitan Sanitary District of Greater Chicago
    Chlor—alkali Mercury Discharges
    in St.
    Clair County
    Copper Discharges by Olin Corporation
    Schoenberger Creek: Groundwater Discharges
    John Deere Foundry Discharges
    Alton Water Company Treatment Plant Discharges
    Galesburg Sanitary District Deoxygenating Wastes
    Discharges
    City of Lockport Treatment Plant Discharges
    Wood River Station Total Suspended Solids
    Discharges
    Alton Wastewater Treatment Plant Discharges
    Sanitary District of Decatur Discharges
    Union Oil Refinery Ammonia Discharge
    Mobil Oil Refiner Ammonia Discharge
    City of Tuscola Wastewater Treatment Facility
    Discharges
    Newton Station Suspended Solids Discharges
    SUBPART
    C:
    TEMPORARY EFFLUENT STANDARDS
    Section
    304
    .
    301
    Appendix A
    Exception for Ammonia Nitrogen Water Quality
    Violations
    References
    to Previous Rules
    AUTHORITY:
    Implementing Section
    13 and authorized by Section
    27
    of the Environmental Protection Act
    (Ill.
    Rev.
    Stat.
    1987,
    ch.
    111—1/2, pars 1013
    and 1027).
    SOURCE:
    Filed with the Secretary of State January
    1,
    1978;
    amended
    at
    2
    Ill. Reg.
    30,
    p.
    343, effective July 27,
    1978;
    amended at
    2
    Ill.
    Reg.
    44,
    p.
    151, effective November
    2,
    1978;
    amended
    at
    3
    Ill.
    Reg.
    20 p.
    95, effective May 17,
    1979;
    amended
    at
    3
    Ill.
    Reg.
    25 p. 190, effective June
    21,
    1979; amended at
    4
    Ill.
    Reg.
    20,
    p.
    53, effective May 7,
    1980;
    amended at
    6 Ill.
    Reg.
    563, effective December
    24, 1981;
    codified at
    6 Ill.
    Reg.
    7818,
    amended at
    6
    Ill.
    Reg.
    11161, effective September
    7,
    1982;
    amended at
    6
    Ill. Reg.
    13750 effective October
    26, 1982;
    amended
    at
    7
    Ill.
    Reg.
    3020, effective March
    4,
    1983; amended
    at
    7 Ill.
    Beg.
    8111,
    effective June 23,
    1983;
    amended
    at
    7
    Ill. Reg.
    14515,
    effective October 14,
    1983; amended
    at
    7
    Ill.
    Reg.
    14910,
    effective November
    14, 1983;
    amended
    at
    8 Ill. Beg.
    1600,
    effective January
    18,
    1984;
    amended at
    8 Ill.
    Reg.
    3687,
    95—228

    —13—
    effective March
    14,
    1984; amended
    at
    8
    Ill.
    Beg.
    8237, effective
    June
    8, 1984;
    amended at
    9
    Ill.
    Reg.
    1379, effective January 21,
    1985;
    amended
    at
    9
    Ill.
    Reg.
    4510,
    effective March
    22,
    1985;
    peremptory amendment at
    10
    Ill.
    Peg.
    456, effective December 23,
    1985;
    amended
    at 11
    Ill.
    Beg.
    3117,
    effective January 28,
    1987;
    amended
    in R84—l3 at
    11
    Ill.
    Beg.
    7291, effective April
    3, 1987;
    amended
    in R86—l7(A)
    at
    11
    Ill.
    Beg.
    14748,
    effective August 24,
    1987;
    amended
    in B84—l6 at
    12
    Ill.
    Reg.
    2445,
    effective January
    15, 1988;
    amended
    in R83—23
    at
    12
    Ill.
    Beg.
    8658,
    effective May
    10,
    1988; amended
    in R87—27
    at
    12
    Ill.
    Reg.
    9905,
    effective May
    27,
    1988;
    amended
    in R82—7
    at
    12 Ill.
    Beg.
    10712,
    effective June
    9,
    1988;
    amended
    in R87—22
    at
    12 111.
    Beg.
    13966, effective
    September
    2,
    1988;
    amended
    in R88—l
    at
    Ill.
    Reg.
    _________
    effective _______________________
    Section 304.104
    Averaging
    a)
    Except
    as otherwise specifically provided,
    proof of
    violation of the numerical standards
    of this Part shall
    be on the basis of one or more
    of the
    following averaging
    rules:
    1)
    No monthly average shall exceed the prescribed
    numerical
    standard.
    2)
    No daily composite shall exceed two times
    the
    prescribed numerical standard.
    3)
    No grab sample
    shall exceed five times
    the
    prescribed numerical standard.
    b)
    Terms used
    in 6ee~o~
    4~484+s+subsection
    (a)
    shall
    have the following meanings:
    1)
    The monthly average shall
    be the numerical average
    of
    all daily composites taken during
    a calendar
    month.
    A monthly average must be based
    on at least
    three daily composites.
    2)
    A daily composite
    shall
    be the numerical average
    of
    all grab samples,
    or the
    result of analysis of
    a
    single sample formed by combining all aliquots,
    taken during
    a calendar day.
    A daily composite must
    be based on at least
    three grab samples
    or
    three
    aliquots taken
    at different times.
    3)
    A grab sample
    is
    a sample taken at
    a single
    time.
    Aliquots of
    a daily composite are grab samples only
    if they are analyzed separately.
    95—229

    —14—
    C)
    See~e~~4~484+s+
    Subsection
    (a)
    establishes
    a method of
    interpretation of the effluent standards of this Part.
    The Agency shall consider the averaging
    rule
    in deciding
    whether an applicant has demonstrated that
    a facility
    complies with this Part for purposes of permit issuance
    and
    in writing the effluent standards into permit
    conditions.
    Reporting and monitoring requirements are
    established by way
    of permit condition pursuant
    to
    See~efts35 Ill.
    Adm. Code 305.102 and 309.146.
    d)
    Proof of violation of effluent limitations contained
    in
    permits
    shall
    be based
    on the language of
    the permit.
    (Source:
    Amended
    in P88—i
    Ill.
    Beg.
    ________,
    effective
    ________________
    Section
    304.124
    Additional Contaminants
    a)
    No person shall cause
    or allow the concentration
    of the
    following constituents
    in any effluent
    to exceed the
    following levels,
    subject
    to
    the averaging
    rules
    contained
    in Section 304.104(a).
    STORET
    CONCENTRATION
    CONSTITUENT
    NUMBER
    mg/i
    Arsenic
    01002
    0.25
    Barium
    01007
    2.0
    Cadmium
    01027
    0.15
    Chromium (hexavalent)
    01032
    0.1
    Chromium (total)
    01034
    1.0
    Copper
    01042
    0.5
    Cyanide
    00720
    0.10
    Fluoride
    00951
    15.0
    Iron
    (total)
    01045
    2.0
    Lead
    01051
    0.2
    Manganese
    01055
    1.0
    Nickel
    01067
    1.0
    Oils (hexane soluble
    or
    equivalent)
    00550
    15.0
    Phenols
    32730
    0.3
    Silver
    01077
    0.1
    Zinc
    01092
    1.0
    Total Suspended Solids
    00530
    15.0
    (From sources other than those
    covered by Section 304.120)
    b)
    Discharges of hexavalent chromium shall
    be subject to
    the averaging rule of Section 304.104 modified as
    95—230

    —15—
    follows:
    monthly averages shall not exceed
    0.1 mg/i;
    daily composites
    shall
    not exceed 0.3 mg/i;
    and, grab
    samples
    shall
    not exceed 1.0 mg/i.
    c)
    Oil may be analytically separated
    into polar
    and
    nonpolar components.
    If such separation
    is done,
    neither of
    the components may exceed
    15 mg/l
    (i.e.
    15
    mg/I polar materials and
    15 mg/i nonpolar materials).
    d)
    Unless otherwise indicated,
    concentrations
    refer
    to the
    total amount
    of
    the constitutent present
    in all phases,
    whether solid,
    suspended or dissolved, elemental
    or
    combined,
    including all oxidation states.
    Where
    constituents
    are commonly measured
    as other
    than total,
    the word
    “total”
    is inserted for
    clarity.
    e)
    The following table
    is provided for cross referencing
    purposes:
    CONSTITUENT
    SECTION(S)
    Ammonia nitrogen
    304.301,
    304.122
    Bacteria
    304.121
    Biochemical Oxygen Demand
    304.120
    Deoxygenating Wastes
    304.120
    Mercury
    3~4-~2~
    304.126
    Nitrogen,
    ammonia
    304.301,
    304.122
    pH
    ~94~-~26 304.125
    Phosphorus
    304.123
    (Source:
    Amended
    in R88—l
    Ill.
    Beg.
    effective
    _______________)
    Section 304.140
    Delays
    in Upgrading
    (Repealed)
    a~
    A~
    e~t~er~a~~s ~
    ~e be me~en
    Beeer~thef~
    ~
    e~Beee1~rtbef
    3~T
    an~4~n~espense
    ~e See~en
    94~39~
    she~ be
    ~
    t~rt~essi-
    ~
    The
    sehei~get’~4~sel g4b~e?e~ a ee
    ee~en ~‘en~
    ~
    See~en2O~f~+of ~he e~eanWe~efAe~t
    ant~7
    The ~isehat~gefhas f~e~an app3~ea~enfof a
    eens~~e~ong~an~en
    Of
    befefe
    Beeei’nbef ~r
    ~9~t
    3~ The ~4seh8fgef
    has ~~e3y
    ~akert
    O3r~
    neeessa~ypfe—
    en~pos~—~an~
    ae~ensapp~epf±a~e
    ~e the
    95—23 1

    —16—
    spee4~f4eg~en~
    s~e~fof
    wh~eh ~he
    d4sehe~ef
    ~s
    then
    e~g~b~e~
    4~
    The exemp~onpfev4de~4n fa++3~+i+a++2+ an~~
    above
    she~
    ~~fM~#O~O
    upon
    ee~p~e~onof
    eens~~~e~on
    tin~et’ the
    gt~art~
    ~ev±~e~
    an~ eon~p~4eneew4~h
    the
    pfev~s~ens of
    th~s See4~on sha~
    thefeaf~ef
    be
    b+
    Neth~n~~n pafagfaph ~
    above sha~
    ~
    ~he power of
    the
    Board
    ~o
    ert~er an
    aba~effien~order
    pt~rsuart~~e
    6ee~on
    46 of the Ae~neeessary ~e eba~epe~tt~onef the wa~ers
    ef the 8th~e7
    when
    the
    Beard
    has
    fot~nd7 as
    the
    rest,~
    ef
    an
    enfereeinen~
    or
    var4~enee ease
    ~in
    4e~ed tinder
    T~~es
    of ~M of the Ae~7that the d4eeher~er~s eatis4~nga
    v4e~et~en of
    the
    Aet
    or
    the
    regt1~at~onsT
    e+
    The
    fo~ow~ngBeet~ons
    were
    req~red
    to
    be
    Met
    en
    BeceMber
    3~~r
    ~9~37
    Of
    Beeeffiber
    3~7 ~
    Beet4on
    8~d
    Rt~e
    Number
    Bate
    384~29+e+
    484fe+
    Beee~ber3~
    384~429+d+
    484+d+
    BeeeMber
    3~y
    384~2~c
    495
    fB~seharges
    to
    8h4e
    Beeeffiber
    3~
    ~9~3
    and M~ss~ss~p~4
    R±versen~y+
    496 f6eeend peragra~hof
    BeeeMber
    ~
    ~9~4
    e~d Rt~e 496
    On~Y+
    (Source:
    Repealed
    in R88—l
    Ill.
    Beg.
    _________
    effective
    ________________)
    TITLE
    35:
    ENVIRONMENTAL PROTECTION
    SUBTITLE
    C:
    WATER POLLUTION
    CHAPTER
    I:
    POLLUTION CONTROL BOARD
    PART 305
    MONITORING AND REPORTING
    Section
    305.101
    Preamble
    305.102
    Reporting Requirements
    305.103
    Effluent Measurement
    95—232

    —17—
    Appendix
    References
    to Previous Rules
    AUTHORITY:
    Authorized by Section
    27 and implementing Section
    13
    of the Environmental Protection Act
    (Ill.
    Rev.
    Stat.
    1979,
    ch.
    lll~/2, pars.
    1027 and 1013).
    SOURCE:
    Filed with the Secretary of State January
    1,
    1978;
    amended
    3
    Ill.
    Beg.
    no.
    25, page
    190, effective June
    21, 1979;
    codified
    6
    Ill.
    Reg.
    7818;
    amended at
    8
    Ill.
    Beg.
    1600 effective
    January
    18.
    1984;
    amended
    in R88—l
    __________
    Ill.
    Beg.
    __________
    effective
    _______________
    Section 305.102
    Reporting Requirements
    a)
    Every person within this State operating
    a pretreatment
    works,
    treatment works,
    or wastewater source shall submit
    operating
    reports to the Agency at a frequency to be
    determined by the Agency.
    Such reports shall contain
    information regarding the quantity of influent and
    of
    effluent discharged,
    of wastes bypassed and of combined
    sewer
    overflows;
    the concentrations
    of those physical,
    chemical,
    bacteriological and radiological parameters
    which shall be specified by the Agency; and any
    additional information
    the Agency may reasonably
    require.
    This reporting requirement for pretreatment
    works shall only apply to
    those pretreatment works which:
    1)
    Discharge toxic pollutants,
    as defined
    in Section
    502(13)
    of the CWA,
    or pollutants which may interfere
    with the treatment process,
    into the receiving
    treatment works
    or are subject
    to regulations
    promulgated under Section
    307
    of the Clean Water Act
    (CWA):
    33 U.S.C.
    1251 et
    seq.;
    or
    2)
    Discharge 15
    or more
    of the total hydraulic flow
    received by the treatment works;
    or
    3)
    Discharge 15
    or more of the
    total biological loading
    received by the treatment works
    as measured by 5—day
    biochemical oxygen demand.
    b)
    Every holder
    of
    an NPDES permit
    is required
    to comply
    with
    the monitoring,
    sampling,
    recording and reporting
    requirements set forth
    in the permit and this chapter.
    c)
    Compliance with the reporting requirements
    of
    35
    Ill.
    Adm.
    Code 310 satisfies
    this reporting requirement.
    (Source:
    Amended
    in R88—l
    Ill.
    Beg.
    ________
    effective
    ________________
    95—233

    —18—
    TITLE
    35 ENVIRONMENTAL PROTECTION
    SUBTITLE
    C:
    WATER POLLUTION
    CHAPTER
    I:
    POLLUTION CONTROL BOARD
    PART 309
    PERMITS
    SUBPART A:
    NPDES PERMITS
    Section
    309.101
    309. 102
    309.103
    309.104
    309.105
    309.106
    309.107
    309.108
    309.109
    309.110
    309. 111
    309.
    112
    309. 113
    309.114
    309. 115
    309.116
    309. 117
    309.118
    309. 119
    309. 141
    309. 142
    309.143
    309. 144
    309.145
    309. 146
    309. 147
    309.148
    309.149
    309. 150
    309.151
    309.152
    309.153
    309.154
    309.155
    309.156
    Preamble
    NPDES Permit Required
    Application
    General
    Renewal
    Authority
    to
    Deny
    NPDES
    Permits
    Access
    to Facilities and Further Information
    Distribution
    of Applications
    Tentative Determination and Draft Permit
    Public Notice
    Contents of Public Notice of Application
    Combined Notices
    Agency Action After Comment Period
    Fact Sheets
    Notice to Other Governmental Agencies
    Public Hearings on NPDES Permit Applications
    Notice of Agency Hearing
    Agency Hearing
    Agency Hearing File
    Agency Action After Hearing
    Terms
    and Conditions
    of NPDES Permits
    Water
    Quality Standards and Waste Load Allocation
    Effluent Limitations
    Federal New Source Standards of Performance
    Duration of Permits
    Authority to Establish Recording, Reporting,
    Monitoring and Sampling Requirements
    Authority
    to Apply Entry and Inspection
    Requirements
    Schedules of Compliance
    Authority to Require Notice of Introduction
    of
    Pollutants
    into Publicly Owned Treatment Works
    Authority
    to
    Ensure
    Compliance
    by
    Industrial
    Users
    with
    Sections
    204(b),
    307 and 308
    of the Clean
    Water Act
    Maintenance
    and Equipment
    Toxic Pollutants
    Deep Well Disposal of Pollutants
    (repealed)
    Authorization to Construct
    Sewage
    Sludge
    Disposal
    Total Dissolved Solids Reporting and Monitoring
    95—234

    —19—
    309.181
    Appeal
    of Final Agency Action on a Permit
    Application
    309.182
    Authority
    to Modify,
    Suspend
    or Revoke Permits
    309.183
    Revision of Schedule of Compliance
    309.184
    Permit Modification Pursuant to Variance
    309.185
    Public Access
    to Information
    309.191
    Effective Date
    SUBPART
    B:
    OTHER PERMITS
    Section
    309.201
    Preamble
    309.202
    Construction Permits
    309.203
    Operating Permits; New or Modified Sources
    309.204
    Operating Permits; Existing Sources
    309.205
    Joint Construction and Operating Permits
    309.206
    Experimental Permits
    309.207
    Former Permits
    (Repealed)
    309.208
    Permits
    for Sites Receiving Sludge for Land
    Application
    309.221
    Applications
    Contents
    309.222
    Applications
    Signatures
    and Authorizations
    309.223
    Applications
    Registered
    or Certified Mail
    309.224
    Applications
    Time
    to Apply
    309.225
    Applications
    Filing and Final Action by Agency
    309.241
    Standards
    for Issuance
    309.242
    Duration of Permits Issued Under Subpart B
    309.243
    Conditions
    309.244
    Appeals
    from
    Conditions
    in
    Permits
    309.261
    Permit No Defense
    309.262
    Design, Operation and Maintenance Criteria
    309.263
    Modification
    of Permits
    309.264
    Permit Revocation
    309.265
    Approval
    of
    Federal
    Permits
    309.266
    Procedures
    309.281
    Effective Date
    309.282
    Severability
    Appendix
    References to Previous Rules
    AUTHORITY:
    Authorized by Section
    27 and implementing Section
    13
    and 13.3 of
    the Environmental Protection Act
    (Ill.
    Rev.
    Stat.
    1987,
    ch.
    1111/2, pars.
    1027,
    1013 and 1013.3).
    SOURCE:
    Adopted
    in P71—14,
    at
    4 PCB
    3, March
    7,
    1972;
    amended
    in R73—ll,
    12,
    at
    14 PCB 661,
    December
    5,
    1974,
    at
    16 PCB 511,
    April
    24,
    1975,
    and at
    28 PCB 509, December
    20, 1977;
    amended
    in
    R73—ll,
    12,
    at
    29 PCB 477,
    at
    2
    Ill.
    Beg.
    no.
    16,
    page
    20,
    effective April
    20,
    1978;
    amended
    in R79—l3,
    at
    39 PCB 263,
    at
    4
    Ill. Beg.
    no.
    34, page
    159, effective August
    7,
    1980;
    amended
    in
    95— 235

    —20—
    R77—12B,
    at
    41 PCB 369, at
    5
    Ill.
    Peg.
    6384, effective May 28,
    1981;
    amended
    in B76—21,
    at
    44 PCB 203,
    at
    6
    Ill. Beg.
    563,
    effective December
    24,
    1981;
    codified
    6 Ill.
    Reg.
    7818;
    amended
    in R82—5,
    10,
    at
    54 PCB 411, at
    8 Ill.
    Reg.
    1612, effective
    January
    18,
    1984;
    amended
    in R86—44
    at
    12
    Ill.
    Beg.
    2495
    effective January
    13, 1988;
    amended
    in R88—l
    at
    Iii.
    Beg.
    ________,
    effective
    _____________________
    Section
    309.281
    Effective Date
    a)
    The
    effective date
    of
    th~s
    Subpart
    B
    sha~4
    be
    the
    date
    of ?~~ngwith the Secretary of State en an
    e~ergeney
    bae~s-~is March
    7,
    1972.
    b)
    Notwithstanding
    (a)
    above, Section 309.208 sha~beeeme
    effeet~veat si~eht~teas the Agency adopts er~ter~a
    to
    adnt~n~ster
    the pern~tpregra~
    eenta4ned there~rt~became
    effective with adoption by the Agency
    of
    35
    Ill.
    Adm.
    Code
    391
    on December
    15,
    1983.
    (Source:
    Amended
    in R88—l
    Ill. Beg.
    _________
    effective
    ________________
    IT
    IS SO ORDERED.
    I, Dorothy
    M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the
    a
    e Opinion and Order was
    adopted on the
    .~5~cZ
    day of
    ____________________,
    1989,
    by a
    vote of
    7
    —rno
    .
    ~
    ~7.
    Dorothy
    M. Gu~, Clerk
    Illinois Poll’tition Control Board
    95—236

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