ILLINOIS POLLUTION CONTROL BOARD
    March
    24,
    1988
    IN THE MATTER OF:
    PROPOSED SITE SPECIFIC RULE
    CHANGE FOR CITY OF MENDOTA:
    )
    R88—6
    35
    ILL.
    ADr4.
    CODE
    306.304
    PROPOSED RULE
    FIRST NOTICE
    OPINION AND ORDER OF THE BOARD
    (by Michael Nardulli):
    This matter comes before
    the Board on
    a Petition
    for Site
    Specific Rule Change filed
    on behalf of
    the City of t4endota on
    January
    15,
    1988.
    Presently,
    the City of Mendota’s combined
    sewer overflows are regulated by
    35 Ill.
    Adm.
    Code 306.304 which
    expressly prohibits overflows
    from sanitary sewers.
    Pursuant
    to
    Section 27
    and 28
    of the Environmental Protection Act
    (Ill.
    Rev.
    Stat.
    ch
    1111/2,
    Secs.
    1027—1028
    (1987))
    and Part 102
    of the Board
    Procedural Rules
    (35 Ill.
    Adm. Code Secs.
    102.101—102—220)
    the
    Petitioner petitions the Board
    to amend
    35
    Ill.
    Adm.
    Code Sec.
    306.304
    to add the statement of exception set forth below.
    On January 21, 1988,
    the Board adopted Resolution 88—1,
    which outlined various procedures which the Board would begin to
    utilize
    in order
    to expedite the rulemaking process.
    One of
    these procedures
    is for the Board
    to send
    a regulatory proposal
    to First Notice before ruling on the merits of the proposal.
    The
    Board finds that it is appropriate
    to utilize
    that procedure
    in
    this proceeding.
    As
    a
    result, the Board hereby adopts the proposal set forth
    below for First Notice and directs
    the Hearing Officer
    to cause
    the publication of
    the proposal
    in the Illinois Register.
    This
    action
    is
    in no way
    to be construed as the Board’s substantive
    position with regard
    to this matter.
    Consistent with Res88—1,
    the Board directs the Hearing
    Officer
    to schedule only one merit hearing
    in this matter.
    No
    other hearings will
    be
    scheduled unless
    the Board
    finds
    that the
    issues of this proceeding
    warrant further investigation.
    In
    addition,
    the Hearing Officer
    is
    to establish deadlines
    for the
    pre—filing
    of testimony and exhibits for anyone who wishes
    to
    introduce evidence at the merit hearings.
    Those who do not
    prefile such materials will
    be able
    to present
    their
    evidence
    only
    if time permits
    at the end of the hearing process.
    The Board believes that such procedures will accelerate
    the
    87—323
    —2—
    rulemaking process
    and
    at the same time provide continued
    opportunity
    for public participation
    ORDER
    The Board directs
    the Clerk
    of the Board
    to submit
    the
    following proposed amendments
    to the Secretary of States Office
    for
    First Notice publication.
    TITLE
    35:
    ENVIRON~1ENTAL PROTECTION
    SUBTITLE
    C:
    WATER
    POLLUTION
    CHAPTER
    I:
    POLLUTION
    CONTROL
    BOARD
    PART
    306
    PERFORMANCE CRITERIA
    SUBPART A:
    SYSTEMS RELIABILITY
    Section
    306.
    101
    306.102
    306. 103
    306.
    104
    306.105
    Pr eamble
    Systems Reliability
    Combined Sewers and Treatment Plant Bypasses
    (renumbered)
    Intake Structures
    (renumbered)
    New Connections
    (renumbered)
    SUBPART B:
    INTAKE STRUCTURES
    Section
    306.
    201
    Intake Structures
    SUBPART C:COMI3INED SEWERS AND
    TREATMENT
    PLANT BYPASSES
    Section
    306.302
    306.
    303
    306.
    304
    306.305
    306.306
    Section
    306.350
    306.
    351
    306.352
    306.360
    306.361
    306.362
    306.363
    306.364
    Expansion of Combined Sewers
    Excess Infiltration
    Over flows
    Treatment of Overflows
    and Bypasses
    Compliance Dates
    SUBPART
    D:
    EXCEPTION PROCEDURE
    Preamble
    Notification and Submittals by Discharger
    Notification by Agency
    Joint or Single Petition
    for Exception
    Justification
    of
    Joint Petition
    Justification
    of
    Single
    Petition
    Contents
    of
    Joint Petition
    Contents of Single Petition
    87—324
    —4—
    —~1endota, LaSalle
    First Avenue
    arid
    Ninth
    Street
    Bypass,
    Overflow Point
    004
    —Mendota,
    LaSalle
    Oak Court Siphon,
    Overflow Point 005
    —Mendota,
    LaSalle
    Excess Flow Holding Lagoon Bypass,
    Overflow Point 006 and 007
    (SOURCE:
    Amended
    in R88—6
    at
    ____
    Ill.
    Reg.
    ________
    effective
    ____________).
    IT
    IS
    SO
    ORDERED.
    I,
    Dorothy
    M. Gunn,
    Clerk of
    the Illinois Pollution Control
    Board, hereby certify that the above Opinion
    and Order was
    adopted
    on
    the
    ________________
    day
    of
    77~f.4...t~L
    1988,
    by
    a vote of
    C—O
    12.
    Dorothy
    M.
    Gunn,
    Clerk
    Illinois
    Pollution
    Control
    Board
    87—326

    Back to top