ILLINOIS POLLUTION CONTROL BOARD

August

1, 1985

IN THE MATTER OF:

)

AMENDMENTS TO CHAPTER 3

)

R77-l2

HATER POLLUTION

(Effluent

)

Docket D

Disinfection)

FINAL RULE.

PEREMPTORY RULEMAKING.

ORDER OF THE BOARD

(by 3.

D. Dumelle):

On October

14, 1982,

the Board adopted rules repealing two

water quality standards governing maximum levels of bacteria

(35

Ill. Mm. Code 302.209 and 302.406) and amending the bacterial

effluent standard

(35

Iii.

Adm,

Code 304.121).

The rules became

effective on October

26, 1982.

However,

the Illinois Supreme

Court ultimately reversed the Board’s repeal of the fecal

coliform water quality standard

for general use waters

(35 III.

Adm.

Code 302.209)

and the amendment of the effluent standard.

See The People of

the State of Illinois v

The Pollution Control

Board,

et al.,

103

Ill.

2d

441, 469 N.E.2d

1102

(October

3,

1984).

Thus,

the Board’s currently filed rules

fail

to state

the

present law with respect to

35

Ill. Adm. Code 302.209

and

304.121.

On May 2,

1985,

the Board entered

an order

in this matter

which proposed the adoption of peremptory

rules to bring

the

present disinfection rules

at

35 Ill. Adm.

Code 302.209

and

302.406

into conformity with the Supreme Court’s opinion and

order.

That order also opened

a comment period

until June

21,

1985 to consider whether such action

is appropriate

and whether

additional rulemaking action should be proposed.

The Board received comments from the Illinois Environmental

Protection Agency (Agency), Dr.

Charles Haas,

the City of

Lockport,

and seven sanitary districts.

None

of those commenting

disagreed with the proposed peremptory action, while all but the

Agency recommended that further action

be taken.

The Board, therefore, proposes

to readopt

the fecal

coliform water quality standard

for general use waters and the

effluent standard as they existed prior to the Board’s October

26,

1982 action

in this proceeding

to accurately reflect current

law by peremptory rulemaking pursuant to Section 5.03 of the

Administrative Procedure Act

(Ill.

Rev.

Stat.,

ch.

127,

par.

1005.03).

The Board’s scientific and technical staff

is

currently working on the development of a new disinfection

proposal.

However,

anyone may propose such

a rulemaking.

The Board hereby adopts

the following amendments

to 35 Ill.

Mm.

Code 302.209 and 304.121:

65-195

---

2

Section 302.209

Fecal Coliform

Based

on

a minimum of five samples taken over not more

than

a

3~)

day period,

fecal coliforms

(STORET number

31616)

shall

not

exceed

a geometric mean of

200 per

100 ml,

nor

shall more than

10

of

the samples during any 30 day period exceed 400 per

100

ml.

Section 304,121 Bacteria

No effluent governed by

this Part shall exceed 400

fecal

caLiform

per 100 ml.

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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

/44’

day of

___________________,

1985,

by a vote

of

1—O

~

~)-/,

&

I

—-

Dorothy M.

Gunn,

Clerk

Illinois Pollution Control Board

65-196