ILLINOIS POLLUTION CONTROL BOARD

December

15, 1988

IN THE MATTER

OF:

)

PRETREATMENT UPDATE

)

R88-18

(1/1/88 through 6/30/88)

)

FINAL ORDER.

ADOPTED RULES

ORDER

OF THE

BOARD

(by J.

Marlin):

The Board

is

amending the pretreatment

regulations pursuant

to Section

13.3 of the Environmental

Protection Act

(Act).

Section 13.3 of the Act

requires

the Board

to adopt

regulations which are

“identical

in

substance” with

federal

regulations promulgated

by the United

States Environmental

Protection Agency (USEPA)

to

implement the pretreatment

requirements of Sections

307

and

402 of the Clean Water Act, which was

previously known

as the Federal

L’Iater Pollution Control

Act.

Section 13.3

provides that Title

VII

of the Act

and Sections

5 and 6.02 of the

Administrative Procedure Act

(APA)

do

not apply

to identical

in substance

regulations

adopted

to

establish the pretreatment

program.

However, Section

13.3 of the Act

does require

the Board

to provide

for notice

and public

comment

before rules

are

filed with

the Secretary of State.

This rulemaking

updates

the pretreatment

rules

to

cover USEPA rules

adopted

from January

1 through June 30,

1988.

The Board adopted

a proposal

for public comment

on September 22,

1988.

The

proposal

appeared on October

14,

1988,

at

12

Ill.

Reg.

16396.

The Board has

received public

comment

and

modified the text

as

outlined

in

the Opinion.

This Order

is

supported

by

a

Opinion

of this same day.

The Board will

withhold filing of

the

final

rules

until

January

17,

1989,

to allow time for motions

for reconsideration

by the

agencies involved

in

the authorization process.

The

text of the proposed

amendments

to Parts 307

and 310

is

a follows:

94—24 1

---

—2-

TITLE

35:

ENVIRONMENTAL PROTECTION

SUBTITLE

C:

WATER POLLUTION

CHAPTER

1:

POLLUTION CONTROL BOARD

PART 307

SEWER DISCHARGE CRITERIA

SUBPART

F:

DAIRY PRODUCTS PROCESSING

Section 307.1508

Ice Cream, Frozen Desserts, Novelties and Other Dairy

Desserts

a)

Applicability.

This Section applies

to discharges resulting from the

manufacture

of

ice

cream,

ice milk, —s~eF~eFt—sherbet,water ices,

stick

confections, frozen novelties products, frozen desserts,

melorine, pudding and other dairy product base desserts.

If flUid

mixes prepared

at another plant

are employed, the appropriate

values

from Section 307.1507 should

be deducted from the limitations.

b)

Specialized definitions.

The Board incorporates

by reference 40 CFR

405.81 —~98~—(I987).This incorporation includes

no later

amendments

or

editions.

c)

Existing sources:

1)

The Board

incorporates

by reference 40 CFR 405.84

—4~9~~-

(1987).

This incorporation includes no

later amendments

or

editions.

2)

No person

subject

t~bthe pretreatment

standards incorporated

by

reference

in

subsection ~j(1)

shall

cause, threaten

or allow

the discharge of any contaminant

to

a POTW in violation of

such

standards.

d)

New sources:

1)

The Board

incorporates

by reference 40 CFR 405.-8~p9864—86

(1987).

This incorporation includes no

later amendments

or

editions.

2)

No person subject

to the pretreatment

standards incorporated

by

reference

in subsection

(d)(1)

shall

cause, threaten

or

allow

the discharge of

any contaminant

to

a POTW

in violation of

such

standards.

3)

“New source” means

any building, structure, facility

or

installation the construction of which comenced after December

20,

1973.

(Source:

Amended

at

13 Ill.

Reg.

,

effective

,

1988)

SUBPART

H:

CANNED AND PRESERVED FRUITS AND VEGETABLES

Section 307.1704

Frozen

Potato Products

94—242

---

—3-

a)

Applicability.

This Section applies to discharges resulting from the

processing

of white potatoes —sAte—into frozen potato products.

b)

Specialized definitions.

The Board incorporates

by reference

40 CFR

407.41 —~9864—(I987). This incorporation includes no

later

amendments

or editions.

c)

Existing sources:

1)

The Board incorporates by reference 40 CFR 407.44 —4~9864-

(1987).

This incorporation includes no later amendments

or

editions.

2)

No person

subject

to the pretreatment standards incorporated

by

reference

in

subsection j~1(1)shall

cause, threaten or allow

the discharge of any contaminant to

a POTW in

violation of

such

standards.

d)

New sources:

1)

The Board

incorporates

by reference 40 CFR 407.46 —4498?4-

(1937).

This incorporation includes no later amendments

or

editions.

2)

No person

subject

to the pretreatment standards incorporated

by

reference in subsection j~j(1)shall

cause, threaten or allow

the discharge of any contaminant to a POTW

in

violation of such

standards.

3)

“New source” means

any building, structure,

facility or

installation the construction of which comenced

after November

9,

1974.

(Source:

Amended

at

13

Ill.

Reg.

,

effective

,

1988)

SUBPART

L:

CEMENT MANUFACTURING

Section 307.2101

Nonleaching

a)

Applicability.

This Section applies

to discharges

resulting from the

process

in which

several

mineral

ingredients

(limestone or other

natural

sources of calcium carbonate,

silica,

alumina,

and

iron

together with gypsum)

are used

in the manufacturing of cement and

in

which kiln dust

is not —eeAtFaeted—contacted with water as

an

integral

part of the process and water

is not

used

in wet scrubbers

to control

kiln stack emissions.

b)

Specialized definitions.

The Board

incorporates

by

reference 40 CFR

411.11 —~9864-(1987). This incorporation includes

no later

amendments

or editions.

c)

Existing

sources:

94—243

---

—4—

1)

The Board

incorporates by reference 40 CFR

411.14 —~986~—

(1987).

This incorporation includes

no later

amendments

or

editions.

2)

No person subject

to the pretreatment

standards incorporated

by

reference

in

subsection j~j(1)shall

cause, threaten or allow

the discharge of any contaminant

to a POTU in violation of such

standards.

d)

New sources:

1)

The Board

incorporates

by reference 40 CFR 411.16 —p9864—

(1987).

This incorporation includes

no later amendments

or

editions.

2)

No person

subject

to the pretreatment standards incorporated

by

reference

in subsection

(d)(1) shall

cause, threaten or allow

the discharge of

any contaminant to a POTW

in violation of such

standards.

3)

“New source” means

any building,

structure, facility or

installation the construction of which comenced after September

7, 1973.

(Source:

Amended

at

13

Ill. Reg.

,

effective

,

1988)

SUBPART

T:

PETROLEUM REFINING

Section 307.2903

Petrochemical

a)

Applicability.

This Section applies

to discharges

from any facility

that produces petroleum products by the use of topping, cracking and

petrochemical

operations whether or not the facility includes

any

process

in addition to topping, cracking

and petrochemical

operations.

This Section does

not apply, however, to facilities

that

include the processes specified

in Sections

307.2904 —eq-or 307.2905.

b)

Specialized definitions.

The Board incorporates

by reference 40 CFR

419.31 —~1986~-(1987).This incorporation includes no

later

amendments

or editions.

c)

Existing

sources:

1)

The Board incorporates

by reference 40 CFR 419.35 -~98?4-

(1987).

This incorporation includes no later amendments

or

editions.

2)

No person subject

to the pretreatment standards incorporated by

reference

in

subsection j~j(1)shall

cause, threaten or allow

the discharge of any contaminant to

a P01W

in violation

of such

standards.

d)

New sources:

94—244

---

—5—

1)

The Board incorporates by reference 40 CFR 419.37

—41r986~’-

(1987).

This incorporation includes no later amendments

or

editions.

2)

No person

subject to the pretreatment standards incorporated by

reference

in subsection j~j(1)shall

cause, threaten or allow

the discharge of any contaminant to

a POTW

in violation of such

standards.

3)

“New source” means any building, structure, facility or

installation the construction of which

cOiiinenced

after December

21, 1979.

(Source:

Amended

at

13

Ill.

Reg.

,

effective

,

1988)

SUBPART

V:

NONFERROUS METALS MANUFACTURING

Section 307.3110

Primary Tungsten

a)

Applicability.

This Section applies

to discharges resulting from the

production

of

tungsten at primary tungsten facilities.

b)

Specialized

definitions.

The Board incorporates

by reference 40 CFR

421.101 —~986~—(1987).This incorporation includes

no later

amendments

or editions.

c)

Existing sources:

1)

The Board

incorporates

by reference 40 CFR 421.105 —4~986~-

(1987),

as amended

at

53 Fed. Reg.

1711, January 21, 1988.

This

incorporation includes no

later amendments

or editions.

2)

No person subject

to the pretreatment

standards incorporated

by

reference in subsection

(c)(1)

shall

cause, threaten or allow

the discharge of any contaminant

to

a POTW in

violation of such

standards.

d)

New sources:

1)

The Board

incorporates

by reference 40 CFR 421.106 —4~9864-

(1987),

as amended

at

53 Fed. Reg.

1711, January 21,

1988.

This

incorporation includes no

later amendments

or

editions.

2)

No person

subject

to the pretreatment standards incorporated

by

reference

in

subsection j~j(1)shall

cause,

threaten

or allow

the discharge of any contaminant to

a P01W in violation of such

standards.

3)

“New source” means any building, structure, facility

or

installation the construction of which comenced

after February

17, 1983.

(Source:

Amended

at

13

Ill. Reg.

,

effective

,

1988)

94—245

---

—6-

Section 307.3129

Secondary Tungsten and Cobalt

a)

Applicability.

This Section applies to discharges

resulting from the

production of tungsten

or cobalt

at secondary —tHngtsen—tungsten

or

cobalt facilities processing tungsten

or or tungsten carbTde

raw

materials.

b)

Specialized definitions.

The Board incorporates by reference 40 CFR

421.311 —~9s6~—ç1987).This incorporation includes no

later

amendments

or editions.

c)

Existing sources:

1)

The Board incorporates by reference 40 CFR 421.315 -p986.)-

(1987).

This incorporation includes

no later amendments

or

editions.

2)

No person

subject

to the pretreatment

standards incorporated by

reference

in

subsection

(c)(1)

shall

cause, threaten

or allow

the discharge of any contaminant

to

a P01W in violation

of such

standards.

d)

New sources:

1)

The Board

incorporates by

reference 40 CFR 421.316 —4~98&~-

(1987).

This incorporation includes no

later amendments

or

editions.

2)

No person subject to the pretreatment standards incorporated

by

reference

in

subsection j~j(1)shall

cause, threaten or allow

the discharge of any contaminant

to

a POTW in violation of such

standards.

3)

“New source” means any building, structure, facility or

installation

the construction of which coninenced

after June 27,

1984.

(Source:

Amended

at

13

Ill.

Reg.

,

effective

,

1988)

SUBPART

Z:

LEATHER TANNING AND FINISHING

Section 307.3500

General

Provisions

a)

Applicability.

This Subpart applies

to any leather tanning and

finishing facility which

introduces

or may introduce process

wastewater pollutants

into

a POTW.

b)

General definitions.

The Board

incorporates by

reference 40 CFR

425.02 —~9864—(1987),as amended

at

53 Fed. Reg. 9181, March

21,

1988.

This incorporation includes

no later

amendments

or editions.

c)

Sulfide analytical method.

The Board

incorporates by reference 40

CFR 425.03 -~9864-(1987),as

amended

at

53 Fed. Req.

9181,

March 21,

1988.

This incorporation includes

no later amendments

or editions.

94—246

---

—7-

d)

Applicability of sulfide

standards.

The Board

incorporates by

reference 40 CFR 425.04 —~98G~-(1987),

as

amended

at

53 Fed. Reg.

9181,

March

21,

1988.

This incorporation includes no

later

amendments

or editions.

e)

Compliance dates.

The Board

incorporates

by reference

40 CFR 425.05

—~986~—(1987),

as amended

at

53 Fed.

Reg. 9181, March 21,

1988.

This incorporation includes

no later amendments

or editions.

f)

Monitoring requirements.

The Board incorporates

by reference 40 CFR

425.06 —~9864—(1987). This incorporation includes no

later

amendments

or editions.

(Source:

Amended

at

13

Iii.

Reg.

,

effective

,

1988)

Section

307.3501

Hair Pulp, Chrome Tan, Retan-Wet Finish

a)

Applicability.

This Section applies

to discharges

resulting from

any

tannery which,

either exclusively or

in addition

to other unhairing

and tanning operations, processes raw or cured cattle

or cattle—like

hides

into finished

leather by chemically dissolving

the hide

hair,

chrome tanning

and

retan—wet finishing.

b)

Specialized definitions.

None.

c)

Existing sources:

1)

The Board

incorporates

by reference 40 CFR 425.15 —~98~4—

(1987),

as amended

at

53 Fed. Reg.

9181,

March

21,

1988.

This

incorporation

includes

no later amendments

or editions.

2)

No person subject

to the pretreatment

standards incorporated by

reference

in

subsection

(c)(1) shall

cause,

threaten

or allow

the discharge of any contaminant

to

a POTW in

violation of such

standards.

d)

New sources:

1)

The Board

incorporates

by

reference 40 CFR 425.13 —~98?4—

(1987).

This

incorporation includes

no later

amendments

or

ed it ion s.

2)

No

person subject

to

the pretreatment standards incorporated

by

reference

in

subsection ~j(1) shall

cause,

threaten

or allow

the discharge

of any contaminant to

a POTW

in violation of such

standards.

3)

“New source” means

any building, structure,

facility or

installation

the construction

of which coninenced

after July

2,

1979.

(Source:

Amended

at

13 Ill.

Reg.

,

effective

,

1988)

94—24 7

---

-8-

Section 307.3503

Hair Save or Pulp, Non-Chrome Tan, Retan—Wet

Finish

a)

Applicability.

This Section applies

to discharges

resulting from any

tannery which processes

raw or cured cattle or cattle—like

hides

into

finished leather

by

hair save or

pulp unhairing, vegetable tanning or

alum,

syntans, oils

and

other agents

for tanning and retan-wet

finishing.

b)

Specialized definitions.

None.

c)

Existing sources:

1)

The Board

incorporates

by

reference 40 CFR 425.35 —4~9864-

(1987),

as amended

at

53 Fed. Req. 9181,

March

21, 1988.

This

incorporation includes no later amendments

or editions.

2)

No person subject to the pretreatment

standards incorporated

by

reference

in subsection

(c)(1)

shall

cause, threaten

or allow

the discharge

of any contaminant

to

a POTW

in violation of

such

standards.

d)

New sources:

1)

The Board

incorporates

by reference 40 CFR 425.36 —~986~-

(1987).

This incorporation

includes

no later

amendments

or

editions.

2)

No person subject

to the pretreatment

standards incorporated

by

reference

in subse~tionj~j(1)shall

cause,

threaten

or allow

the discharge of

any contaminant

to

a POTW

in violation

of such

standards.

3)

“New source” means any building, structure, facility or

installation

the construction

of which

commenced

after July 2,

1979.

(Source:

Amended

at

13

Ill. Reg.

,

effective

,

1988)

Section 307.3509

Retan—Wet Finish—Splits

a)

Applicability.

This Section

applies

to discharges resulting from any

tannery which processes previously unhaired and

tanned

splits

into

finished leather

by retan-wet finishing.

b)

Specialized definitions.

None.

c)

Existing sources:

1)

The Board

incorporates

by

reference 40 CFR 425.95 —~98~—

(1987),

as amended

at

53 Fed. Req.

9181,

March

21,

1988.

This

incorporation includes

no later

amendments

or editions.

2)

No person subject

to

the pretreatment

standards incorporated

by

94—248

---

-9-

reference

in

subsection

(c)(1) shall

cause, threaten or allow

the discharge of any contaminant

to

a POTW in violation of such

standards.

d)

New sources:

1)

The Board incorporates

by

reference 40 CFR 425.96 —~986~—

(1987).

This incorporation includes

no

later amendments

or

editions.

2)

No person subject

to the pretreatment

standards incorporated

by

reference

in

subsection (d)(1)

shall

cause, threaten

or allow

the discharge of

any contaminant

to

a POTW

in violation of such

standards.

3)

“New source” means any building, structure, facility or

installation

the construction of which commenced after July

2,

1979.

(Source:

Amended

at

13

Ill.

Req.

,

effective

,

1988)

Section

307.3590

Potassium

Ferricyanide

Titration

Method

The Board

incorporates

by reference 40 CFR 425, Appendix A,

as adopted

at

53

Fed.

Req.

9181,

March

21, 1988.

This incorporation

includes no

later

amendments

or

editions.

(Source:

Added

at

13

Ill.

Reg.

,

effective

)

SUBPART

BE:

PULP,

PAPER

AND

PAPERBOARD

Section

307.4004

Unbleached

Kraft—Neutral

Sulfite

Semi-Chemical

(Cross Recovery)

a)

Applicability.

This

Section

applies

to

discharges

resulting

from

the

production

of

pulp

and

paper

at

unbleached

kraft—neutral

sul fite

semi—chemical

(cross

recovery)

mills.

b)

Specialized definitions.

The Board

incorporates

by reference 40 CFR

43O.—~~98?~-41

(1987).

This incorporation includes no later

amendments

or

editions.

c)

Existing

sources:

1)

The Board

incorporates by reference 40 CFR 430.46 —~98?4-

(1987).

This

incorporation

includes

no

later

amendments

or

editions.

2)

No person subject

to the pretreatment

standards incorporated

by

reference

in

subsection j~j(1)shall

cause, threaten

or allow

the discharge of any contaminant

to

a POTW

in violation of such

standards.

d)

New

sources:

94—249

---

-10-

1)

The

Board

incorporates

by

reference

40

CFR

430.47

—4~98?~—

(1987).

This

incorporation includes no later

amendments

or

editions.

2)

No person

subject

to

the

pretreatment

standards

incorporated

by

reference

in

subsection

(d)(1)

shall

cause,

threaten or

allow

the

discharge

of

any

contaminant

to

a

POTW

in

violation

of

such

standards.

3)

“New

source”

means

any

building,

structure,

facility

or

installation

the

construction

of

which

comenced

after January

6,

1981.

(Source:

Amended

at

13

Ill.

Req.

,

effective

,

1988)

SUBPART

CT:

NONFERROUS

METALS

FORMING

AND

METAL

POWDERS

Section

307.8100

General

Provisions

a)

Applicability.

1)

This

Subpart

applies

to

the

introduction

of

pollutants

into

a

POTW

from

the

forming

of nonferrous metals

(including nonferrous

metal

alloys), except

beryllium, copper and aluminum,

and their

alloys.

Aluminum alloys are defined

as any alloy

in which

aluminum

is the major constituent

in

percent

by weight.

Copper

alloys

are defined

as

any alloy

in which copper

is

the major

constituent

in

percent

by weight except

when copper

is

alloyed

with precious metals.

Any copper-precious metal

alloy

containing

30 percent

or

greater precious metal

is considered

a

precious metal

alloy

for the purpose

of this —s—Subpart.

Beryllium alloys

are any alloy

in

which beryllium

is

present

at

0.1

percent

or greater.

This —s—Subpart

applies

to:

A)

Forming operations, including rolling

(both

hot

and cold),

extruding forging, drawing, swaging, cladding

and tube

reducing, and

B)

Ancillary operations

performed as

an

integral

part of the

forming

of these metals, including casting for subsequent

forming, heat treatment, surface treatment, alkaline

cleaning,

solvent degreasing, product testing, surface

coating,

sawing, grinding, tumbling, burnishing and wet air

pollution control.

2)

This —s—Subpart also applies

to

introduction

of

pollutants

into

a

POTW

from

mechanical

metal

powder

production

operations,

forming

of

parts

from metal

powders,

and associated ancillary

operations

of:

A)

Iron,

copper

and

aluminum and their alloys;

and

B)

The

nonferrous

metal

and

their

alloys

described

in

94—250

---

—11—

subsection(a)(1).

This —s—Subpart does

not regulate the

production

of metal

powders

by chemical means

such as

precipitation.

The production of metal

powder

as the

final

step

in

refining metal

is

regulated

under nonferrous metals

manufacturing, Subpart

V.

3)

Surface treatment includes

any chemical

or electrochemical

treatment applied

to

the surface of the metal.

For the purposes

of this —s—Subpart,

surface treatment

of metals

is considered

to

be

an

integral

part of

the forming of metals

whenever i~is

perfomred

at the same plant

site at which the metals are

formed.

Such surface treatment operations

are not regulated

under

the electroplating or metal

finishing regulations, —s-

Subparts

N

or

AH.

4)

Casting

is covered

by this —s—Subpart when

it

is performed ~asan

integral

part

of

the

metal

forming

process

and

takes

place

at

the same

plant

site

at

which metals

are formed.

Such casting

is

not regulated under the provisions of metal

molding

and casting

(Subpart CM).

5)

This —s-Subpart does

not apply to

the forming of the metals

cadmium,

chromium,

gallium,

germanium,

indium,

lithium,

manganese,

neodymium

or

praseodymium.

b)

General definitions.

The Board

incorporates

by reference 40 CFR

471.02 —~9~4—(1987).This incorporation includes no

later

amendments

or

editions.

c)

Compliance dates.

The Board incorporates

by reference 40 CFR 471.03

—~98~—(1987).This incorporation includes

no later amendments

or

editions.

(Source:

Amended

at

13

Ill.

Req.

,

effective

,

1988)

TITLE

35:

ENVIRONMENTAL PROTECTION

SUBTITLE

C:

WATER POLLUTION

CHAPTER

I:

POLLUTION CONTROL BOARD

PART

310

PRETREATMENT PROGRAMS

SUBPART

A:

GENERAL PROVISIONS

Section 310.107

Incorporations by Reference

a)

The following publications are incorporated

by reference:

The consent decree

in NRDC

v.

Costle,

12 Environment Reporter

Cases

1833.

Standard

Industrial Classification Manual

(1972), and

1977

Supplement,

republished

in

1983,

available from the

Superintendent of Documents, U.S. Government

Printing Office,

Washington,

D.C. 20401.

94—25

1

---

—12-

b)

The following provisions of the Code

of Federal

—s—Regulations are

incorporated

by reference:

40 CFR 2.302 —~9g6~—(1987)

40 CFR 25 —4~9864—(1987)

40 CFR

122, Appendix

D, Tables

II

and

III —~98~4—(1987)

40

CFR

136

(1987)

40 CFR 403 —4~98~4—(1987)

40

CFR 403, Appendix

D -~9g&~—(1987)

C)

The

following

federal

statutes

are

incorporated

by

reference:

Section

1001

of

the

Criminal

Code

(18

—~.SG—U.S.C. 1001)

as

of

July

1,

1987

Clean Water Act—i-

(33 —W~G—U.S.C. 1251

et seq.-T—~as

of July

1,

1987

Subtitles

C

and

0 of the Resource Conservation

and Recovery Act-

~-(42 —YS~—U.S.C.69O1—T—)

as of July

1,

1987

d)

This Part incorporates no

future

editions

or amendments.

(Source:

Amended

at

13

Ill.

Reg.

,

effective

,

1988)

Section

310.110

Definitions

“Act” means the Environmental

Protection Act—T

as aF~eA4e4~y

PTAT

84-

~2@~ e~eeti~ve

Septe~e~4~1.986—

(Ill.

Rev.

Stat.

-1.98~—1987, ch.

111

1/2,

par.

1001 et seq.—~

&R~

fl.1~, ~

~tatT

~986

SH~T;

eh~1.11.

~i~2; ~F

~T~)

“Agency” means

the Illinois Environmental

Protection Agency.

“Approval

Authority”

means

the

Agency.

BOARD NOTE:

Derived from 40 CFR 403.3(c) —~1.9864—(1987).

“Approved

POTW

Pretreatment

Program”

or

“Program”

or

“POTW

Pretreatment

Program”

means

a

program

administered

by

a

POTW

which

has

been approved

by the Agency

in accordance with Sections 310.541

through 310.546.

BOARD

NOTE:

Derived from 40 CFR 403.3(d)

-1.9864—(1987).

“Authorization to discharge”.means

an authorization issued

to

an

industrial

user

by

a POTW which

has an approved pretreatment

program.

The authorization may consist

of

a

permit, license,

94—2

52

---

—13—

ordinance

or other mechanism

as

specified

in

the approved

pretreatment

program.

“Blowdown” means the minimum discharge of recirculating water for the

purpose of discharging materials contained

in the water, the further

buildup

of which would cause concentration

in amounts exceeding

limits

established by best engineering practice.

BOARD

NOTE:

Derived

from 40 CFR 401.11(p) —~986-)—(1987).

“Board” means

the Illinois Pollution Control

Board.

“CWA” means

Federal

Water

Pollution Control Act, also known

as the

Clean Water Act, as amended,

incorporated

by reference in Section

310.107.

BOARD

NOTE:

Derived

from 40 CFR 403.3(b) —~9864—(1987).

“Control

authority”

is

as defined

in Section 310.601.

“Indirect Discharge”

or “Discharge” means the introduction

of

pollutants into

a POTW from any non-domestic source regulated under

Section 307(b),

(c)

or

(d) of the CWA

(33 —WSG—U.S.C.

1317(b),

(c)

or

(d)).

BOARD

NOTE:

Derived

from 40 CFR 403.3(g)

—41.9864—(1987).

“Industrial

User”

or

“User” means

a

source

of

indirect discharge.

As

used

in this Part,

an

“industrial

user” includes any person who meets

any of the following criteria:

Discharges

toxic pollutants

as defined

by

35

Ill.

Adm. Code

307.1005.

Is

subject

to

a categorical

standard adopted

or

incorporated

by

reference

in

35

ill.

Adm.

Code

307.

Discharges more than 15

of the total

hydraulic flow received by

the POTW treatment

plant.

Discharges more than 15

of the total

biological

loading of the

POTW treatment

plant

as measured

by the 5—day

biochemical

oxygen

demand.

Has

caused

pass through or

interference.

Or,

Has presented an

imminent endangerment

to the

health

or welfare

of

persons.

BOARD

NOTE:

Derived from 40 CFR 403.3(h) —449864—(1987).

“Industrial

wastewater” means waste of

a

liquid nature discharged by

an industrial

user to

a sewer tributary to

a P01W.

94—253

---

-14—

“Interference”

means

a

discharge

which,

alone

or

in

conjunction

with

a discharge or discharges

from other

sources, both:

Inhibits or disrupts the POTW,

its treatment processes or

operations,

or

its sludge processes,

use or disposal; and

Therefore

is

a

cause of

a violation of any requirement

of

the

POTW’s NPDES

permit (including

an

increase

in the magnitude or

duration of

a violation)

or

of the prevention of sewage sludge

disposal

in compliance with any “sludge requirements.”

BOARD NOTE:

Derived from 40 CFR 403.3(i) -~986~—(1987).—T

as

a~eA4e~

at

62

~

Re~~

~6~QT~

1.4~1.98~—

“Municipal

sewage”

is

sewage treated

by

a

POTW exclusive of its

industrial

component.

“Municipal

sludge”

is

sludge produced

a POTW treatment works.

“Municipality.”

See

“unit of local

government.”

“New source” means any building, structure, facility or

installation

from which there

is

or may

be

a discharge of pollutants, the

construction of which commenced

after the date specified in

35

Ill.

Adm. Code

307 for that category

or subcategory.

BOARD NOTE:

Derived

from 40 CFR 401.11(c)

and 403.3(k) —~1.98?~—

(1987).

“Noncontact cooling water” means water used

for cooling which does

not come into direct contact with

any raw material, intermediate

product, waste product

or finished product.

BOARD NOTE:

Derived from 40 CFR 401.11(n)

—41.9863-(1987).

“Noncontact cooling water pollutants” means

pollutants present

in

noncontact cooling waters.

BOARD NOTE:

Derived from 40 CFR 401.11(o) -~986~-(1987).

“NPDES

Permit” means

a permit

issued

to

a

P01W pursuant to Section

402 of the CWA,

or Section

12(f) of the Act and

35

Ill. Adm. Code

309.Subpart

A.

BOARD NOTE:

Derived from 40 CFR 403.3(1) —~986~—(1987).

“0 and M” means operation

and maintenance.

“Pass through” means

a discharge of pollutants which exits the

POTW

into waters

of

the State

in quantities

or concentrations which,

alone

or

in

conjunction with

a discharge or discharges

from other sources,

is

a cause

of

a violation of any requirement of the POTW’s NPDES

permit

(including

an increase

in the magnitude or duration of

a

violation).

94—254

---

-15-

BOARD

NOTE:

Derived

from

40

CFR

403.3(n)

-41.986~-(19B7).-Tas

~

at

52

~ed~ Reg~ ~6@9~

~4T

“Person”

means

an individual, corporation,

partnership,

association,

State,

“unit

of local

government”

or any interstate

body.

This term

includes

the United States government,

the State of Illinois and

their political

subdivisions.

BOARD NOTE:

Derived from 40 CFR 401.11(m) —~1.986~—(1987)and

33

4JSG-U.S.C.

1362(5).

“Pollutant” means dredged spoil, solid waste,

incinerator

residue,

sewage, garbage, sewage sludge, munitions,

chemical wastes,

biological

materials, radioactive materials, heat,

wrecked

or

discarded equipment,

rock,

sand,

cellar dirt

and industrial,

municipal

and

agricultural

waste discharged

into

a

sewer.

BOARD

NOTE:

Derived from 40 CFR 401.11(f) -~986~—(1987).

“Pollution” means the man-made

or man-induced alteration of the

chemical, physical, biological

and

radiological

integrity of water.

BOARD NOTE:

Derived from 40 CFR 401.11(g) —~1.98?~—(1987).

“P01W” means

“Publicly Owned Treatment Works,” which

is defined

below.

“P01W Treatment Plant” means

that portion

of

the POTW which

is

designed

to

provide

treatment

(including

recycling

and

reclamation)

of

municipal

sewage

and

industrial

wastewater.

BOARD

NOTE:

Derived from

40

CFR

403.3(p)

—41.986~—(1987).

“Pretreatment” means the reduction of the amount of pollutants,

the

elimination of pollutants

or the alteration

of

the nature of

pollutant properties

in wastewater

prior

to

or

in

lieu of discharging

or otherwise introducing such pollutants

into

a P01W.

The reduction

or

alteration may be obtained by physical, chemical

or biological

processes,

process changes

or

by other means,

except

as prohibited

by

Section 310.232.

Appropriate

pretreatment technology includes

control

equipment,

such

as equalization tanks

or facilities,

for

protection against

surges

or

slug loadings which might

interfere with

or otherwise be

imcompatible with the P01W.

However, where

wastewater

from a regulated process

is

mixed

in

an equalization

facility with unregulated wastewater

or with wastewater

from another

regulated process, the effluent from the equalization

facility must

meet

an adjusted pretreatment

limit calculated

in accordance with

Section 310.233.

BOARD

NOTE:

Derived from 40 CFR 403.3(q)

-41.9864-(1987).

“Pretreatment permit” means

an authorization

to discharge

to

a sewer

which

is

issued

by the Agency

as the control

authority.

94—255

---

-16-

“Pretreatment requirements” means any substantive

or procedural

requirement

related

to pretreatment, other than

a pretreatment

standard, imposed

on

an industrial

user.

BOARD NOTE:

Derived from 40 CFR 403.3(r)

-41.9864—(1987).

“Pretreatment standard,”

or

“standard” means

any regulation

containing pollutant discharge limits promulgated

by USEPA,

and

incorporated

by

reference

in

35 Ill. Adm.

Code 307.

This term

includes prohibitive discharge limits

established

pursuant

to Section

310.201 through

310.213 or

35

Ill.

Adm. Code 307.1101.

This term

also

md

udes more stringent prohibitions and standards adopted

by

the Board

in this Part or

35

Ill.

Adm. Code

307,

including 35

Ill.

Adm. Code 307.1101, 307.1102 and 307.1103.

The term also includes

local

limits

pursuant

to

Section

310.211 which are

a

part of an

approved pretreatment

program.

BOARD NOTE:

Derived from 40 CFR 403.3(j) —41.98?~—(1987).

“Process wastewater” means

any water which, during manufacturing or

processing,

comes

into direct

contact with

or

results from the

production

or use of any

raw material, intermediate product,

finished

product, by—product

or waste product.

BOARD NOTE:

Derived from 40 CFR 401.11(q) —~1.98~4-(1987).

“Process wastewater

pollutants” means pollutants

present

in process

wastewater.

BOARD NOTE:

Derived

from 40 CFR 401.11(r) —~9864-(1987).

“Publicly

owned treatment works”

or

“POTW” means

a

“treatment works”

which

is

owned

by the State

of Illinois

or

a

“unit of

local

government.”

This definition

includes any devices

and systems

used

in the storage, treatment, recycling

and reclamation

of municipal

sewage or

industrial

wastewater.

It

also includes sewers,

pipes and

other conveyances only

if they convey wastewater

to

a POTW treatment

plant.

The term also means

the

“unit

of

local

government” which has

jurisdiction over

the indirect discharges

to

and the discharges from

such

a treatment works.

BOARD NOTE:

Derived from 40 CFR 403.3(o) -~9864-(1987).

“Schedule of compliance” means

a

sche.dule of remedial measures

included

in

an authorization to discharge or

a pretreatment permit,

or

an NPDES permit,

including

an enforceable

sequence of interim

requirements

(for example, actions, operations

or milestone events)

leading to compliance with this

Part and

35 Ill. Adm. Code

307.

A

schedule of compliance does

not protect

an

industrial

user or

P01W

from enforcement.

BOARD NOTE:

Derived from 40 CFR 401.11(m) —.~9864-(1987)and

33

-~JSG—U.S.C. 1362(17).

94—256

---

—17—

“Sludge requirements” means

any of the following permits

or

regulations:

35

Ill.

Adrn.

Code 309.208

(Permits

for Sites Receiving

Sludge for Land Application), 703.121

(RCRA Permits), 807.202 (Solid

Waste Permits), the Toxic Substances Control Act

(15 -YSG-U.S.C.

2601)

or

the Marine Protection, Research

and Sanctuaries Act

(33

-Y~G-U.S.C. 1401).

BOARD

NOTE:

Derived

from 40 CFR 403.3(i) —.(1.9864-(1987)—T

as aR~eR4e4

at

52 ~e~T

ReST

~6QQ1~a~a~y 1.4~1.987w— and 403.7(a) -~986~—(1987).

“Submission” means

a request

to the Agency

by

a POTW for approval

of

a pretreatment program,

or for authorization

to grant

removal

credits.

BOARD

NOTE:

Derived from 40 CFR 403.3(t) -4~986~—(1987).

“Treatment works”

is

as defined

in

33 -YSG—U.S.C.

1292(2) —41.986~—

(1987~.

It

includes any devices

and

systems

used in the storage,

treatment,

recycling and

reclamation of municipal

or

industrial

wastewater

to

implement

33 —U~G—U.S.C. 1281,

or necessary to

recycle

or

reuse water

at

the most economical

cost over the estimated life of

the works,

including intercepting sewers,

outfall

sewers,

sewage

collection

systems, pumping,

power and other equipment.

BOARD NOTE:

Derived from 40 CFR 403.3(o) —~986-)-(1987)and

33 -~SG—

U.S.C.

1292(2).

“Unit of local

government” means

a unit of

local

government,

as

defined

by Art.

7,

Sec.

1

of the

Illinois Constitution,

having

jurisdiction over disposal of sewage.

“Unit

of local

government”

includes, but

is

not limited to, municipalities and sanitary

districts.

BOARD NOTE:

Derived

from 40 CFR 401.11(m) —~986~—(1987)

and 33

-~JSG—U.S.C. 1362(4).

“USEPA” means

the United States Environmental

Protection Agency.

(Source:

Amended

at

13

Ill.

Req.

,

effective

,

1988)

IT

IS

SO ORDERED.

I, Dorothy

M.

Gunn,

Clerk of the Illinois Pollution Control Board,

hereby

certify that

the above Order was adopted

on

the

~

day of

~

.~,.c.i

1988, by

a vote of

7—)

Control

Board

94—2 57