It~LI~OI3POLLTL’IJNI

CON1~OL3O~RD

February

4,

1988

IN

TEIE ?4~TTEROF:

PROPOSED AMEt’IDMENTS TO

)

SUBTITLE

C: W~T~R9Or~UTIO~.

)

R85—29

FECM~COLIFORM T~ND

SE~\3D~ILDISI~FECTIO;

PROPOSED RULE

SECOND FIRST

P~1OTICE

O~D~ROF

TEIE BOARD

(by

R.

C.

Flemal):

On January

27

and February

21, 1988

the Illinois

Environmental ProtectJon ~gencv

(“~~gency”)filed

a prooosal

in

this matter.

Consistent with the Board’s recently

identified

procedures

for conducting

r-~gu1atoryproceedings

(In Th~ ~4atter

Of: Regulatory

~rid

Other Non—~djudicativeHearings and

Proceedings,

Res 88—1, January

21, 1988), the Board

today sends

the ~gency’s

propos-~lto firsL notic~?without revi~w of

the

merits

of

the proposal.

HI ;TDRY

This cnat~eroriginally came before the

3oard uoon

a motion

filed

on November

8, 1985 by the Bloomington and Normal Sanitary

District

(“BNSD”)

and the Illinois

~ssociatton

of Sanitary

Districts

(“IASD”) which requested that the Board adopt an

Emergency Rul~Providing

for seasonal

disinfecLiori.

Th~Bo~ri

denied the BNSD/IASD motion

in a December

5,

1985 Order, based

on

failure

to fini

that an emergency existed.

~Iowever, on the

belief that the BNSD/IASD proposed emergency rule might have

merit

as

a permarient

rule,

the 3oar~ opened the pres~nt docket

in

the same Order.

Public hearings on the B’45D/IkSD orooosal were held

Nlay

5,

1986

in Bloomington and June

2,

1986

in DeKalb,

at which

time

various testimony and exhibits were

receive.1.

On the basi3 of

this record,

plus the twelve public comments received as

of that

late,

the

Board

on November

6,

1985 adooted

an Opinion

and Order

sending

the proposal

(with

some modifications)

to

first notice.

First notice oublication occurre-3

at

10

Ill.

Reg.

l9~47, November

21, 1986.

1 The January 27 filing inadvertently omitted

“stri.ke—throughs”

within the proposed amendments.

The February

2 filing

is

aop3rently identical

to the January

27 filing

in all particulars

except for the inclusion of the “strike—throughs”.

86—189

---

—2--

On February

17, 1987,

in response

to additional public

comments filed

in opposition to the proposed rule change, BNSD

filed a motion requesting another hearing.

That motion was

granted

by Board

Order

of March

5,

1987, and the hearing was held

June

4,

1987

in Chicago.

Concurrently with these activities,

the

Illinois Deoartment of Energy and Natural Resources (“DENR”)

engaged

in a study expressly targeted

to this docket and titled

Assessment

of Wastewater Disinfection Technologies, which was

filed with the Board on September

1, 1987

as Public Comment #22.

Based

on the overall

flux

in the

state of knowledge on the

issues present

in this matter,

the Board declined to move the

original

first notice proposal

to second notice within

the one—

year timeframe specified by the Illinois Administrative Procedure

act.

accordingly,

the first

first notice has now expired and

a

new first notice action

is required for

further progress

in this

docket.

FUTURE

ACTIVITY

It

is the Board’s intent

to accommodate future activity

in

this docket as closely as

is possible

to the procedures outlined

in Res 88—1.

~rnong

other possible activities,

these

include the

following:

1)

Simultaneously with submission of this matter

for first

notice publication, the Board will send the proposal

to

the Joint Committee on Administrative Rules

(“JCT~R”) for

a preliminary review and

to DENR for

its review.

2)

Upon publication of the proposed amen~entswithin the

Illinois Register, there will commence

a statutory 45—

day comment oeriod.

During this time the Board will

receive comments on the form and merits of the proposed

rule change.

3)

Following the first notice comment period,

the Board may

require

the proponent, here the Agency,

to file

responses to comments received during the first notice

period,

including comments

from the Board,

JCAR,

or

DENR.

4)

Subsequent

to the first notice comment period and

subsequent

to any required post—first notice filings,

the Board will make a finding as ~o whether

an

additional hearing

should be held

.

Should the Board

2

The Board

speciFically requests comment on this issue, given

the already extensive record

in this matter,

during the first

notice period.

A

6—19

fl

---

—3—

find that an additional hearing

is necessary,

all

testimony expected

to be presented at the

hearing will

be required

to be filed

in advance, consistent with Res

88—1.

Notice of any such hearing will

be published

in

the Illinois Register.

5)

Should

the Board

find that no additional hearing

is

necessary,

the Board will review the merits of the

proposal based

on the full

record then available.

The

Board will determine

to either adopt the proposal, with

possible modifications, for

second notice,

or dismiss

the docket.

PROPOS~D

ME:~DME~1TS

PART

302

Water

Quality Standards

Subpart

A:

General water

Quality Provisions

Section 302.202

Purpose

The general use standards will protect the State’s water

for

aquatic life, wildlife, agricultural use, pi~r’yem~secondary

contact use and most industrial uses

and ensure the aesthetic

quality of the State’s aquatic environment.

Primary contact uses

are ~rotected for

all general

use waters whose physical

configuration permits such use.

Section

302.209

Fecal

Coliform

a)

During

the

months

May through October, Bbased on

a

minimum of

five samples taken over not more than

a

30 day

period,

fecal coliform

(STORET number 31616)

shall not exceed

a geometric mean of

200 per

100 ml, nor shall more than 13

of the samples during any 30 day oeriod exceed 400

per 100

ffil7

in protected waters.

Protected waters are defined

as

waters which, due

to natural charactetistics,

aesthetic value

or environmental significance are deserving

of protection

from pathogenic organisms.

Protected waters will meet one or

both of the following conditions:

1)

presently support or have the physical

characteristics to supoort primary contact

recreation.

2)

flow through or adjacent

to parks

or residential

areas.

b)

Waters unsuited

to support primary contact uses because

of physical, hydrologic

or geograohic configuration and

are located

in areas unlikely to be frequented

by the

public on

a routine basis

are exempt

from this standard.

86—191

---

—4—

SUBPART C:

PUBLIC AND FOOD PROCESSING WATER

SUPPLY STANDARDS

Section 302.306

Fecal Coliform

Not~iithstanding the provisions of Section 302.209,

at no

time shall

the geometric mean,

based

on

a minimum of

five samples

taken over

not more than

a

30 day oeriod, of

fecal coliform

(STORET number

31616) exceed 2000 per

100 ml.

PART

304

EFFLUENT STANDARDS

SUBPART

A:

GENERAL

EFFLUENT

STANDARDS

Section

304.121

Bacteria

We e~er~

~e~e~rte~

~y ~l~s Pa~

w~ei’~

~e~~ges

~e

~e~er~

~e

we~er~

~

exeee~4G0

~eee~ ee~~?e~~

a)

Unless specifically exempted pursuant to paragraph

(b),

effluents discharged

to all general

use waters shal1~not

exceed

400

fecal coliforms per 100 ml.

b)

The Agency shall

exempt

a discharger

from this standard

only in accordance with the protection status of waters

pursuant

to Section 302.209.

1)

The discharger must provide documentation

to show

that:

A)

The receiving stream does not meet the

definition

of

a

protected

water

(Section

302.209).

B)

The discharge will not cv~edownstream

protected waters

to exce~:iwater quality

standards.

2)

Exemptions to

the standards may be

issued on

a

y~ar—roundor

seasonal basis.

IT

IS SO ORDERED.

I,

Dorothy

M.

Gunn,

Clerk of the Illinois Pollution Control

Board

hereby certi y that the above Order was adopted on the

_____

day of

________________,

1988, by a vote of

7o

~2.

___

Dorothy

4. ~3unn,Clerk

Illinois Pollution Control Board

86—192