ILLINOIS

POLLUTION

CONTROL

BOARD

November

8,

1984

IN

THE

MATTER

OF:.

)

PETITION

OF

TUE

CITY

OF

LOCKPORT

)

R83—l~

~1C AMEND

REGULATIONS

PERTAINING

)

TO

WATER

POLLUTION

)

DISSENTING

OPINION

(by

B.

Forcade):

I

respectfully

dissent

from the majority because

of the

ammonia

nitrogen issue.

Deep

R~n

Creek is classified

as

a general use waterway.

Upstream

of

Lockport’

s

discharge

this

creek

meets

the

general

use

water

quality

standards of 302.212.

Downstream of Lockport’s

discharge Deep Run Creek violates the ammonia nitrogen limitations

of 302.212 and frequently violates the Board~sleast protective

limitations

for

ammonia nitrogen:

the secondary contact

and

indigenous aquatic life water quality standards of 302.407

(Ex.

10).

Lockport~sdischarges cause or contribete to these violations

(Ex.

9,

p.

5)

and

water quality levels for ammonia nitrogen would

improve

if Lockport added complete nitrification

(Ex.

10,

p.

5).

Lockport has not requested that the ammonia nitrogen standard for

Deep

Run

Creek be raised to some numerical level which would be

protective

of the environment and still

allow Lockport’s current

discharge.

Rather Lockport has requested that water quality

standards

for

ammonia nitrogen

in Deep ~in Creek simply be made

inapplicable

to

Lockport’s discharge.

This,

I believe,

the Board

cannot do.

Section 13(a)

of

the Illinois Environmental Protection ~ct

(“Act’s) requires the Board to adopt water quality standards and,

p~irsuantto Section

11(b)

of the Act,

to as~irethat no contaminants

are discharged without the degree

of treatment necessary to

prevent

violations

of

those standards.

This process is identical

to

the

process

in

Sections 302,

303,

and 402(b)

of the Federal

Clean Water Act,

made applicable to Illinois dischargers by

Section

11(b)

of the Act.

While the Board may have discretion

in

what those standards will be, there i~ustbe standards,

and those

standards must be applicable to discharges which would cause

their

viol ation,

As

I

believe

today~s

the

Act,

I

dissent.

tion 11(h)

of

Board Member

61-89

---

2

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify th~Ltheabove Dissej~tingOpinion was

submitted

on

the

~

day of 4~1-~LQ~’,1984.

/~—‘

~

~

fh

~

i5~orothyM.

G~hn,

Clerk

Illinois Pollution Control Board