ILLINOIS POLLUTION CONTROL BOARD
    September
    8,
    1988
    IN THE MATTER OF:
    )
    MISCELLANEOUS AMENDMENTS TO
    )
    R88-l
    35
    ILL.
    ADM. CODE, SUBTITLE
    C:
    WATER POLLUTION.
    PROPOSED AMENDMENTS:
    FIRST NOTICE
    OPINION AND ORDER OF THE BOARD (by
    R.
    C. Flemal):
    The Board opened this docket by Order
    of January 21,
    1988
    for
    the purpose of providing
    a vehicle
    for making minor
    amendments to the Board’s rules
    and regulations.
    In the
    accompanying Request
    for Public Comment the Board noted:
    From time to time the Board, as well as practitioners
    before
    the Board, encounter aspects
    in the Board’s
    rules and regulations which warrant correction,
    but
    which
    are not of the nature to justify the time and
    expense associated with conducting an individual
    rulemaking
    to address each.
    The Board proposes today
    to gather together these materials and address them
    within
    a single proceeding.
    In so doing,
    the Board
    borrows
    a page from the Illinois General Assembly,
    which often addresses a group of housekeeping matters
    in an “omnibus bill”.
    In this sense, the instant
    matter
    is meant to be the Board’s version of an
    omnibus rulemaking.
    In its January 21,
    1988 Request
    for Comments the Board
    further identified some examples of amendments
    it believed
    appropriate for inclusion in this exercise, and invited
    (1)
    comment on the example amendments,
    and
    (2)
    suggestiOns forand
    merits of additional amendments suitable
    for inclusion
    in an
    omnibus rulemaking proceeding.
    The Board indicated that
    inclusion of a suggested amendment within the eventual proposal
    would be based at the minimum on
    (1) desirability of the
    amendment,
    (2)
    likelihood
    that the amendment will be non—
    contentious,
    and
    (3)
    likelihood that the amendment will not
    require an Economic Impact Statement.
    Each of these criteria was
    selected to assure that the omnibus rulemaking could proceed
    in
    an expeditious manner.
    Today the Board encorporates into
    a single proposal certain
    amendments which are consistent with the concept of
    an omnibus
    rulemaking.
    That proposal
    is adopted herein for first notice.
    92—245

    —2—
    SCOPE
    The January 21,
    1988 Request for Public Comment elicited
    three comments, one each from the Great Lakes Chapter
    of the
    Sierra Club, Waste Management of Illinois,
    Inc
    (“WMII”), and the
    Illinois Environmental Protection Agency (“Agency”).
    Based
    upon these comments and the Board’s further
    consideration, the Board alters the scope of the instant proposal
    in the following specifics:
    1)
    As originally conceived,
    the
    instant proposal would
    have addressed matters
    in all of the Board’s rules
    and regulations.
    However, save for only an amendment
    to Section 601.105
    (Definition of Groundwater)
    as
    proposed by the Board
    in its January 21,
    1988 Request
    for Comments, all proposed amendments have addressed
    Subtitle
    C, Water Pollution.
    For reason of imposing
    unity on the instant matter,
    only the water pollution
    proposed amendments are herein considered.
    The
    caption of instant matter
    is also accordingly
    adjusted.
    2)
    The WMI comment takes particular exception to the
    Board’s proposal
    in
    its January
    21,
    1988 Request
    for
    Comments to amend Section 301.360, Definition of
    Public and Food Processing Water
    Supply.
    The comment
    characterizes the proposed amendment
    as
    “a
    substantial amendment”.
    Although the Board does not
    take
    a position on this characterization at the
    present time,
    it believes that reasonable question
    has been raised
    as to whether the proposed amendment
    is properly placed within the instant rulemaking.
    Accordingly, this proposed amendment to Section
    306.360 will not be considered here.
    As the WMII comment also notes, the Board will
    in the
    near future be considering matters related
    to
    groundwater
    (with which
    the proposed Section 301.360
    amendment deals)
    as part of rulemaking associated
    with the Illinois Groundwater Protection Act.
    It
    would be appropriate to reconsider amending Section
    301.360
    at that time, as well
    as
    to reconsider the
    Definition of Groundwater at Section 601.105.
    3)
    The Agency proposed
    in its Public Comment that
    certain amendments be made
    to Section 304.123, the
    Board’s effluent standards
    for phosphorus.
    The Board
    notes
    that this section
    is under
    review
    in a pending
    rulemaking, R87—6,
    and believes that the Agency’s
    proposal
    is better considered
    in that docket.
    92—246

    —3—
    4)
    In its January 21,
    1988 Request
    for Comments the
    Board had proposed deleting Section 304.301, which
    provides exceptions from ammonia nitrogen water
    quality standard violations under limited
    circumstances.
    In so proposing,
    the Board had noted
    that all of the provisions of this Section were to
    terminate on July
    1,
    1988,
    and speculated
    as to
    whether the Section would thereafter have practical
    import.
    The Agency responded that,
    even though the deadline
    has passed,
    it would be advisable to retain the
    Section.
    Moreover,
    the Agency believes that it would
    be advisable to extend the July
    1,
    1988 deadline
    for
    an additional three years.
    The Board believes that the Agency’s proposal
    to
    extend
    the deadline may have merit.
    However, the
    Board believes that
    this proposal
    is of sufficient
    substantive content that
    it would be best considered
    within
    a dedicated docket.
    Accordingly,
    on August
    18,
    1988
    the Board by separate order
    and docket sent
    this portion of the Agency’s recommendation to first
    notice.
    5)
    The Agency has proposed that Section 306.103,
    306.104, and 306.105 be deleted.
    These three
    sections were renumbered
    to Sections 306.302,
    306.201, and 306.401 through 306.406, respectively,
    at
    7 Ill.
    Reg.
    5682,
    effective April
    19,
    1983.
    The
    three sections are thus shells without textual
    content, and
    it might
    seem that their deletion would
    eliminate unnecessary
    text.
    However, Illinois
    Administrative Code Unit practice requires retention
    of renumbered sections in the format as exists.
    Accordingly, this proposed amendment will not be
    pursued.
    6)
    The Agency has proposed correction of several
    typographic errors which occur
    in Parts
    307 and 310,
    the Board’s pretreatment regulations.
    Since
    the
    pretreatment regulations
    are subject
    to periodic
    updating,
    the Board believes that these errors are
    best corrected as part of that process.
    Accordingly,
    the Board will postpone consideration of this portion
    of the Agency proposal until the next pretreatment
    update.
    7)
    The Agency has also proposed amendments
    to Sections
    301.365,
    301.415, and 312.101 relating to the
    interplay between the Board’s prior regulations
    for
    treatment works and the newly adopted pretreatment
    92—247

    —4—
    regulations.
    Although the Agency characterizes these
    proposals as solely
    intended to bring consistency
    to
    the regulations,
    the Board believes that each of the
    three proposals may have substantive impact not
    consistent with inent of this Omnibus rulemaking.
    In
    particular,
    the Board notes
    that the Agency’s
    proposed amendment
    to Section 301.415 would have the
    likely substantive result of including all sewers and
    pretreatment works within the definition of treatment
    works; additionally, the Agency’s proposed amendment
    to Section 312.101 would
    impose
    a substantive
    certification requirement on persons operating
    pretreatment works.
    The Board
    notes that should the
    Agency wish to pursue these amendments,
    it may do
    so
    in a standard rulemaking proceeding.
    DISCUSSION OF PROPOSED AMENDMENTS
    Section 301.200
    Over
    time various definitions have been added
    to
    the water
    pollution regulations
    in Parts other than Part 301.
    In some
    cases these new definitions are possibly not consistent with the
    definitions presented
    in Section 301.200
    et.
    seq.
    This amendment
    to 301.200
    is intended
    to specify that, should conflict arise,
    the definition
    in the Part in question prevails.
    Section 301.260
    Section 306.103 was renumbered
    to Section 306.320 at 7
    Ill.
    Reg.
    5682, effective April 19,
    1983.
    This amendment merely
    acknowledges the renumbering
    in a form consistent with Illinois
    Administrative Code Unit practice.
    Section 301.365
    This proposal deletes treatment works owned by federal
    agencies from the definition of Publicly Owned Treatment Works
    (“POTW”).
    As the Board notes
    in Scott Air Force Base v.
    IPCB
    (PCB 88—69, Slip Op.
    at
    4, August 10,
    1988),
    40 CFR 122.2
    (1987);
    excludes federally—owned treatment works
    from the definition of
    POTW.
    Accordingly, this amendment
    is proposed to provide unity
    between the federal definition and the Board’s regulations.
    Section 301.430
    This amendment
    is made
    to provide consistency between
    Section 301.430 and
    the regulations of Parts
    307 and 310.
    92—248

    —5—
    Section 302.211(f)
    The relationship between British Thermal Units
    (“BTUs”)
    per
    hour and megawatts as currently expressed
    is incorrect by
    a
    factor of one hundred.
    This
    is,
    0.5 billion BTU5 per hour
    is
    equivalent to 150 megawatts,
    not 15,000 megawatts.
    The 0.5 billion BTUs per hour is the figure present in the
    Board’s original
    adoption of thermal standards
    (Ref:
    In the
    Matter of:
    Thermal Standards, Lake Michigan, R70—2,
    1 PCB 695 et
    seq.;
    In the Matter of:
    Ohio—Wabash Thermal Standards, R71—12,
    2
    PCB
    563
    et
    seq.;
    and In the Matter of Mississippi Thermal
    Standards,
    R70—l6,
    3 PCB
    177 et seq.).
    The 15,000 megawatts
    figure was added as a supplement to the original BTU figure in
    1982 concurrently with codification of
    the regulations
    (which
    also codified Section 302.211 out of former rule 203(i)).
    At
    that time the Board introduced presumably equivalent metric units
    of measurement
    for the previously existing English units.
    In
    this case an error was made in the conversions, which
    the instant
    amendment would corrent.
    Section 302.211(j)
    These amendments change
    the internal references within the
    Section to
    a form consistent with similar internal references
    elsewhere within the Board’s regulations.
    Section 302.304
    This amendment substitutes a spelling used elsewhere within
    the Board’s regulations
    for
    an otherwise acceptable, but not
    used, alternative spelling.
    Section 302.504
    The proposal
    is
    to delete
    the cyanide limit identified in
    this Section.
    The numeric value of the cyanide limit is the same
    as that specified
    in the General Use Standards, Section
    302.208.
    Since the Lake Michigan water quality standards are
    cumulative with the General Use Standards pursuant to Section
    302.501,
    inclusion of the cyanide limit within Section 302.504 is
    superfluous and inconsistent with treatment afforded other water
    parameters which have identical numerical limits
    in the General
    Use and Lake Michigan Standards.
    Section 302.507
    These proposed
    amendments correct
    a reversal
    in the captions
    for the columns representing Centigrade
    and Fahrenheit
    temperatures.
    They also correct the conversion of BTUs
    to
    megawatts,
    as
    in the amendment proposed
    for Section 302.311(f),
    above.
    92—249

    —6—
    Section 302.509
    The rationale and nature of
    the proposed amendments here are
    the same as that
    for the proposed amendment of Section
    302.211(f).
    That is,
    the correct conversion to megawatts is
    made.
    Section 304.104
    The proposed change
    is
    to provide consistency of internal
    references,
    identical
    to that proposed
    for Section 302.211(j),
    above.
    Section 304.124(e)
    This proposed amendment corrects reversed cross—references
    for
    the constituents mercury and pH.
    Section 304.140
    Section 304.140 deals with the conditions under which delays
    in upgrading of effluent discharges are allowable.
    The proposal
    is
    to repeal
    the entirety of
    the
    Section.
    Section 304.140
    appears
    to apply to actions and possible actions now entirely
    in
    the past,
    and therefore
    is believed
    to no longer have practical
    import
    (Agency Comment at 3).
    Removal of
    it
    from the regulations
    would therefore be justified as
    a matter of clarity and
    efficiency.
    The Board specifically asks the Agency to address the
    question, during the first notice comment period, as to whether
    there are any dischargers which have not yet met
    the 1973
    or 1974
    deadlines pursuant to this exception procedure.
    Section 305.102
    In
    its January 21, 1988 Request for Public Comment the Board
    proposed
    to modify this Section with the purpose of eliminating
    duplication and possible inconsistencies between the reporting
    requirements
    found at 305.102 and the new reporting requirements
    found
    in Part 310,
    as adopted by the Board
    in R86—44
    (In the
    Matter of: Pretreatment Regulations, December
    3,
    1987).
    In its
    comment the Agency advised against this action,
    claiming that
    it
    would eliminate the Agency’s authority to require reporting from
    pretreatment works which are not subject
    to the categorical
    pretreatment standards of Part 307.
    For this reason the Board
    retreats from its earlier proposed amendments of this Section.
    This notwithstanding,
    the Agency recommends that the Board’s
    proposal
    for adding paragraph
    (c)
    to this Section be retained.
    92—250

    —7—
    Paragraph
    (c)
    indicates
    that reporting under Part 310
    satisfies the requirements of Section 305.102.
    Its inclusion
    serves to eliminate possible confusing on this matter.
    Section 309.281
    The present language
    in Section 309.281, which determines
    the effective date of Subpart
    B, does not reference the calendar
    date upon which Subpart
    B became effective.
    Rather, reference
    is
    to “the date of filing with the Secretary of State”
    and
    to “such
    time
    as the Agency adopts criteria
    to administer
    the permit
    program”.
    Thus,
    to
    identify the calendar date,
    an interested
    party must go outside of the regulations, which
    is an unnecessary
    inconvenience.
    Accordingly,
    it
    is proposed to amend
    the Section
    with the
    inclusion of the specific calendar dates
    in question.
    ORDER
    The Board hereby adopts
    the following amendments
    for First
    Notice.
    TITLE
    35:
    ENVIRONMENTAL PROTECTION
    SUBTITLE C:
    WATER POLLUTION
    CHAPTER C:
    POLLUTION CONTROL BOARD
    PART 301
    INTRODUCTION
    Section 301.200
    Definitions
    ks uses 4n 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.
    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 See~ot~396
    8+~+~-
    35 Ill. Mm.
    Code 306.102.
    Section 301.365
    Publicly Owned Treatment Works
    Publicly Owned Treatment Works:
    A treatment works owned
    by a
    municipality, sanitary district, county or state
    Cf
    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.
    92—25 1

    —8—
    Section 301.430
    Wastewater Source
    Wastewater Source:
    Means any equipment, facility, or other
    source of any type whatsoever which discharges wastewater,
    directly or
    indirectly *eeept
    ~1~o~h
    ~ sewef
    ~f
    1~t~1!y
    ~e
    ee~mei~wo~3~s+,to the waters of the State.
    PART 302
    WATER QUALITY STANDARDS
    SUBPART
    B: GENERAL USE WATER
    QUALITY STANDARDS
    Section 302.211
    Temperature
    a)
    Temperature has STORET number (F°)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(5°F).
    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.’70C (3°F).
    °c
    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
    f)
    The owner or operator of a source of heated effluent
    which discharges ~S7G99 150 megawatts
    (0.5 billion
    British thermal units per hour)
    or more shall
    demonstrate
    in
    a hearing before this Board not less than
    92—252

    —9—
    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~oft382-~2~this
    Section and Per~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~4e~392~2~+~+
    ~thet~g1~
    39
    ~~+e+-
    subsections
    (b)
    through J(e).
    2)
    The heated effluent discharged
    to the artificial
    cooling lake complies with all other applicable
    provisions of this Chapter, except See~4ei~
    382~*~+
    fC~~
    38~~4+e+7subsections
    (b)
    through (e).
    3)
    At an adjudicative hearing the discharger
    shall
    satisfactorily demonstrate
    to
    the Board that the
    artificial cooling
    lake receiving the heated
    effluent will be environmentally acceptable,
    and
    within
    the
    intent of the Act,
    including,
    but not
    limited
    to:
    92—253

    —10—
    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~ier~39~2~3+~++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~4et~
    39~+~++3+~subsection
    (j)(3).
    5)
    If an adequate showing
    as provided
    in See~4en
    362~+~++3+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/i)
    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
    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
    92—254

    —11—
    Aldrin
    Chlordane
    DDT
    Dieldrin
    Endrin
    Heptachlor
    Heptachlor Epoxide
    Lindane
    Methoxychlor
    Toxaphene
    Organophosphate Insecticides
    Parathion
    Chlorophenoxy Herbicides
    2, 4—Dichlorophenoxyacetic
    acid (2,4—D)
    2—( 2,4,5—Trichlorophenoxy)—
    propionic acid (2,4,5—
    TP or Silvex)
    Phenols
    Selenium (total)
    Suh~e~ Sulfates
    Total Dissolved Solids
    0.01
    0.001
    0.01
    250.
    500.
    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/l)
    Ammonia
    Nitrogen
    00610
    0.02
    Chloride
    00940
    12.0
    Sulfate
    00945
    24.0
    Phosphorus
    (as
    P)
    00665
    0.007
    Total Solids
    (Dissolved)
    70300
    180.0
    eye~~e
    +~e~e~3
    89~29
    8~.8~s
    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.
    39330
    39350
    39370
    39380
    39390
    39410
    39420
    39782
    39480
    39400
    0.001
    0.003
    0.05
    0.001
    0.0002
    0. 0001
    0.0001
    0.004
    0.1
    0.005
    39540
    0.1
    39730
    0.1
    39760
    32730
    01147
    00945
    70300
    92—255

    —12—
    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
    (3°F).
    In addition, the water temperature shall
    not exceed
    the maximum limits indicated
    in
    the
    following
    table:
    OC
    JAN.
    4S
    7
    ~
    45
    JUL.
    89
    27
    ~
    80
    FEB.
    45
    7
    ~
    45
    AUG.
    88
    27
    ~
    80
    MAR.
    45
    7
    ~ 45
    SEPT.
    98
    27
    ~
    80
    APR.
    55 13
    ~3 55
    OCT.
    65
    18
    ~8 65
    JUN.
    69 16
    ~6 60
    NOV.
    68
    16
    ~6 60
    JUN.
    ~9 21
    2~70
    DEC.
    S8 10
    ~8 50
    b)
    The owner or operator of a source of heated effluent
    which discharges ~S7898 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 thansix 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.
    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 ~9G9 29 megawatts
    (0.1 billion British Thermal Units per hour).
    b)
    Sources of heated effluents which discharge less than
    a
    daily
    average
    of
    ~999
    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.
    92—25
    6

    —13—
    PART 304
    EFFLUENT STANDARDS
    SUBPART A: GENERAL EFFLUENT STANDARDS
    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 See~4efl394~84f~+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 ~ing1e -time.
    Aliquots of a daily composite are grab samples only
    if they are analyzed separately.
    C)
    See~et’~3G4~84~+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~ot~ 35
    Ill.
    Adm.
    Code
    305.102
    and
    309.146.
    92—257

    —14—
    d)
    Proof
    of
    violation
    of
    effluent
    limitations
    contained
    in
    permits
    shall
    be
    based
    on
    the
    language
    of
    the
    permit.
    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
    follows:
    monthly
    averages
    shall
    not
    exceed
    0.1
    mg/l;
    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/i
    (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.
    92—258

    —15—
    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
    39473~S 304.126
    Nitrogen,
    ammonia
    304.301,
    304.122
    pH
    384~26
    304.125
    Phosphorus
    304.123
    Section
    304.140
    Delays
    in
    Upgrading
    (Repealed)
    e3
    ?d~
    ~tiet~ e~~s
    fe
    tifed ~o ~e ~
    ert
    Beeeffièef
    ~
    393
    or Beeem~ef3~7~9~4
    ert~
    4rt ~es~ertoe~o See~ort
    3O4~39~she~~e
    MC~
    ~--
    The ~4sehefgef ~ioe~44~4efo-r e eo
    ~rue~tort
    ~ert~
    ~er
    See~iort ~9~(g~
    of
    ~the
    ?~e~
    We~efAe~ end7
    ~-
    The
    sehe~ef
    he~f~ed en
    ee~4onfor e
    eorts~rtie~4on
    ~fCrt~ on
    or
    hefore
    Beeember
    3~7 ~9~S~-
    3~
    The
    seherger
    1~ee
    ~4Me~y ~ehen e~ neeeeeery pee—
    gren~ end
    post—geen~ ee~4orts
    epeopr4e~e
    ~o
    ~he
    epeetfte
    geent
    etep for wh4eh the &~eeheegee4e
    then
    e~4g4~4e~
    4
    The
    emptton
    ovtded
    4n
    +e++~+7
    fe++2+
    end
    e~ove she~
    tee~ntnete
    upon
    ee~p etien
    of
    eonetrue—
    t4on
    tinder
    the
    grent provided end ee
    lienee
    with
    the
    pro
    ieione
    of thie Seetion ehe~thereeftee be
    reieed~
    b+
    Nothing
    in
    pregreph
    ~e3
    ebeve
    ehe~
    ~i~it
    the
    power
    of
    the
    Boerd
    to
    enter
    en
    ~teMent
    order
    puesuent
    to
    Section
    46
    of
    the
    ~et
    necessery
    to
    ebete
    po
    ution
    of
    the
    weters
    of
    the
    Stete7
    when
    the
    Boerd
    hes
    fourtd7
    es
    the
    resu~t
    of
    en
    enforceMent
    or
    veetenee
    eese
    initieted
    tinder
    Tit~es
    ~
    of
    ~X of
    the
    Aet7
    that
    the
    discharger
    is
    ceusing
    a
    vio~etion
    of
    the
    Aet
    or
    the
    eegu~ettens7
    e+
    The
    fo~owing
    Sections
    were
    reguired
    to
    be
    Met
    on
    BeceMbee 3~ ~
    or Beee~ber3~739~4~
    92— 259

    —16--
    Section
    ~~1dRu~eNtiMbef
    Bate
    384-~29+e+
    484+e+
    BeeeMber 3~7~9~3
    394-~~8+d+
    494+d+
    BeeeMber 3~7~94
    3847~23
    485 +Biseherges to 9hic
    BeceMber
    3~7 ~9~3
    end Mississippi Rivers on~y+
    496
    +Seeond
    paragraph
    of
    BeceMber 3~7~9~4
    o~d Rtt~e 496
    on’y-)-
    PART 305
    MONITORING AND REPORTING
    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
    t-lie
    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.
    92—260

    —17—
    c)
    Compliance with the reporting requirements of
    35 Ill.
    Adm.
    Code 310
    satisfies this
    reporting requirement.
    PART 309
    PE P14ITS
    SUBPART
    B: OTHER PERMITS
    Section 309.281
    Effective Date
    a)
    The effective date of this Subpart B she~ be the date
    of fi~-ingwith the Secretary of State en en emergency
    basis7
    is March
    7,
    1972.
    b)
    Notwithstanding
    (a)
    above, Section 309.208 she43
    become
    effective at such time as the Agency adopts criteria to
    administer the permit
    peo~ram
    contained therein7
    became
    effective with adoption by the Agency of 35
    Ill. Adm.
    Code
    391 on December 15,
    1983.
    IT IS SO ORDERED.
    I,
    Dorothy M. Gunn,
    Clerk of
    the Illinois Pollution Control
    Board, hereby certify that the ab
    e Opinion and Order was
    adopted on the
    P~
    day of
    ___________________,
    1988, by a
    vote of
    -7_O
    Control
    Board
    92—261

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