ILLINOIS POLLUTION CONTROL BOARD

October 14,

1982

IN THE MATTER OF:

)

AMENDMENTS TO TITLE 35:

)

R82-25

ENVIRONMENTAL PROTECTION

)

SUBTITLE C:

WATER POLLUTION;

CHAPTER I:

POLLUTION CONTROL

BOARD;

PART 304;

SUBPART B

)

(CHEMUNG SITE—SPECIFIC RULES)

ORDER OF THE BOARD

(by J.D.

Dumelle):

On September 14,

1982 Dean Foods

filed a petition for adop-

tion of site—specific water pollution control regulations for

its dairy facility in McHenry County,

located in Chemung.

On

October

1,

1982 a petition in support of the regulatory proposal

with over 200 signatures was filed.

There are two general areas which should have been discussed

in the statement of reasons supporting the regulatory proposal

which were not included.

First,

what is the applicability of

Section 306.120 as it regards the exemption from effluent stand-

ards for deoxygenating wastes

for third-stage treatment lagoons?

Second, why was the question of the compliance sampling point

not pursued in the context of a permit appeal proceeding

rather than through a site—specific regulatory proceeding, and

does any problem arise from the apparent contradiction between

proposed Section 304.204 of the Water Pollution Rules and

Section 304.102 which should be addressed

in the proposed rule?

Unless an amended statement curing these defects is filed

with the Board within 45 days of the date of this Order,

the

petition will be subject to dismissal.

IT IS SO ORDERED.

I,

Christan L.

Moffett, Clerk of the Illinois Pollution

Control Bo~rd,hereby cer ify that the above Order was adopted

on ~e

/~f~-

day of

,

1982 by

a vote

of

~o

.

—

Christan

L.

Mof)f?~,

Clerk

Illinois Pollut~i~r’ControlBoard

49-197