SUBPART D: EXCEPTION PROCEDURE
exception. If the Agency has declined to propose an exception

ILLINOIS POLLUTION CONTROL BOARD

December

2,

1982

IN THE MATTER OF:

REVIEW OF EXISTING REGULATIONS,

)

 R81—17

35

 ILL.

 ADM. CODE 306.103

RULE

 602 OF CHAPTER

3:

 WATER POLLUTION

(COMBINED SEWER OVERFLOW)

Proposed Rule.

 Second

Notice.

ORDER OF THE BOARD

 (by J.

 Anderson):

These proposed rules have been drafted

in

response to the

DENR submittal pursuant to R81—17,

 P.A.

 80-1218

 (formerly P.A.

79—790), recommending that the Board change Rule 602,

 Combined

Sewer Overflow,

 of Chapter

3:

 Water Pollution.

As explained in detail

 in the accompanying Proposed Opinion,

certain changes have been made

 in the rules

 as adopted for First

Notice April

1,

 1982 as published in

 6 Illinois Register 5742,

May

7,

 1982.

 Sections 306.351, 306.352,

 306.361,

 306.362,

 306.373

and 306.374 have been amended

as

 a result of the public comments

submitted and testimony received at

 5 hearings held May-August,

1982.

In addition, Part 306

of

 35 Ill.

 Adm. Code has been broken

into subparts and Sections

 306.104 and 306.105 have been

renumbered without any other change,

 in the interest of clarity

and readability.

TITLE

35:

 ENVIRONMENTAL PROTECTION

SUBTITLE C:

 WATER POLLUTION

CHAPTER

I:

 POLLUTION CONTROL BOARD

PART 306

PERFORMANCE CRITERIA

SUBPART

A:

 SYSTEMS RELIABILITY

Section 306.101

 Preamble

 (no change)

Section 306.102

 Systems Reliability

 (no change)

~

(renumbered as Subpart

 C, Sections 306.302-

306.306)

50401

2

~eee~—~~4

(renumbered as Subpart

B,

 Section 306.201)

See~ei~—96~49S

 New-eo~nee~ei~

(renumbered as Subpart

B,

 Sections 306.401—

306.406)

SUBPART B:

 INTAKE STRUCTURES

Section 306.201

 Intake Structures

(no change from text of 306.104)

SUBPART C:

 COMBINED SEWERS AND TREATMENT

PLANT

BYPASSES

See

 o~— 6~4~

Section

306.302

 Expansion of Combined Sewers

a+ The expansion of existing or establishment of new combined

sewer service areas

 is prohibited,

 except where the Agency has

determined from the permit application the following:

~a)

 The combined sewer service area has adequate treatment

 or retention capacity to ensure that the effluent

limitations of Pa~~35

 Ill.

 Adm. Code 304 and the

provisions of the Act are not violated;

~b)

 Any anticipated increased flow will not overload

connecting segments of the combined sewer system;

c)

 Increased flow shall not aggravate combined sewer

overflow problems;

 including, but not limited to,

combined sewer surcharges, basement back—ups and street

flow;

4d)

 The new combined sewer service area will he tributary

to

an existing combined sewer system.

Section 306.303

 Excess Infiltration

~

 Excess infiltration into sewers shall

 be eliminated, and the

maximum practicable flow shall be conveyed to treatment facilities.

Section 306.304

 Overflows

Overflows from sanitary sewers are expressly prohibited.

Section 306.305

 Treatment of Overflows and Bypasses

e+ All combined sewer overflows and treatment plant bypasses

shall be given sufficient treatment to prevent pollutionL or

the violation of applicable water quality standards7 unless

an

exception has been granted by the Board pursuant to Subpart

D.

Sufficient treatment shall consist of the following:

50-102

3

~a)

 All dry weather flows,

 and the first flush of storm

flows as determined by the Agency,

 shall meet the

applicable effluent sta~dards;and

~b)

 Additional flows,

 as de~erminedby the Agency hut not

less than ten times the average d~yweat~ierflow for

tie design year, shall receive

o

m

 ~um ~f

 ~riiiary

treatieit ani disinfection with ado ju~1toretention time;

and

~

~

~

~

~

~

~

 -femove

c)

 Flows

 in excess of those described in subsection

(b)

sha

1

ibetre ated,

in

 ole or

in

 art,

 to the extent

necessar

to

 revent accumulations of dud

 e de osits,

~

~nlevels;or

d)

 Corn liance with a treatment~jgg~p~

 autlorized b

the

—

oar

 in ~

 ante

 ureuant~fTh~j~.

~ceDate~

8+ Compliance

with pafa~raph-e3Section 306,305 shall be achieved

on or

before the following dates:

~a)

 All treatment plant bypasses, by the applicable date

for improvement of treatment works under Pa~ 35111.

Adm, Code 304.

~b)

 ~TF~rnbined

 sewer overflows within the Metropolitan

Sanitary District of Greater Chicago, by December

31,

1977;

c)

 All other combined sewer overflows, by December

31,

 1975.

4d)

 The compliance dates

 set by +4++2+~-an

+~+++

paff~gfaph

subsections

(b)

and

 (c) shall be met unless:

Al)

 The dischargervs combined sewer overflow is eligible

for a construction grant under Section 201(g)

of the

~WA; and,

B2)

 The discharger has filed an application for

a

construction grant on or before March

1,

 1977;

 and,

?3)

 The discharger has timely taken all appropriate

pre~-grantand post-~grantactions necessary

to the

specific grant step for which the discharger is

then eligible~or

~

~

~

 edure

is

 endin

 or the A enc

 has not notified the

9g~jursuant

to

 ection

~e)

 Nothing

 in pa~a~h subsection (d)+43 shall

 limit the

power

of the Board to enter an abatement order pursuant

to Section 46 of the Act necessary to abate pollution of

waters of the State, when the Board has found,

 as the

50403

4

result of an enforcement or variance case initiated

under Titles VIII or IX of the Act,

 that the discharger

is causing

 a violation of

 the Act or regulations.

6f)

 The exemption provided

 by subsection

 (d)+4+-~aèeveshall

terminate upon completion of construction under the grant

provided~ ~

See

~

SUBPART

D:

 EXCEPTION PROCEDURE

Section 306,350

 Preamble

Exceptions to Section 306.305 or 306,306

 shall he granted by the

Board based upon water quality effects, actual

and

 potential

stream uses, and economic considerations including those of

the

discharger and those affected by the discharge.

The

 following

procedures shall be used for

 evaluation

 and justification of and

petitions for exceptions to the otherwise

 ap~~ablewater quality

standards of this Chapter, and the

 sufficient treatment

 provisions

contained in Section 305.306,

 306.305(a), 306,305(b), and 306.305(c).

Section 306,351

 Notification and Submittals by Discharger

No later than July

1,

 1983,

 any discharger which has an interest

in requesting Agency assistance

 in ~

proceeding shall

 so advise the Agency.

 No later than October

1,

1983 the discharger

 shall assemble and submit to the Agency any

background information in the discharger’s possession relevant

to its combined sewer overflows, including~ai~y~analyses

 of treat-

ment options.

 The Agency after a review of its files and the

dischargers submittal, may request such further

 information

 as it

deems necessary for its determination pursuant

 to Section

 306.352.

Section 306.352

 Notification by Agency

The Agency shall notify the discharger of any Agenc

 QroRosal

for

exception, including any necessary treatment conditions and the

provisions of Section 306.305 and 306.306 that would be modified

or eliminated.

 The Agency

 shall promptly

 noti~y~

 the discharger

of any discretionary determination that

 it will not propose an

exception.

 All Agency determinations,

 to the extent practicable,

shall reflect a consistency of review among dischargers or their

individual discharges.

Section 306.360

 Joint or Single Petition

 for Exception

If the discharger accepts the Agency proposal

 for exception, an

exce tion

 roceedin

 before the Board shall

 be commenced by the

isc arger

y

 ing join

 y wi

e

 gency a pe

 ion~tor

—

exception.

 If the Agency has declined to propose an exception

or if the discharger declines to accept an Agency proposal,

the

discharger may commence singly an exception proceeding before

the Board.

50-104

5

Section 306.361

 Justification of Joint Petition

Except as provided otherwise in subsection

(d)

 if the discharger

and the Agency jointly file a petition for exception, exception

justifications shall be established in the petition for exception

as follows:

a)

 An exception justification based upon minimal discharg~

impact shall include, as a minimum,

 an evaluation of

receiving stream ratios, known stream uses,

accessibility to stream and side land use activities

(residential

 commercial, agricultural, industrial,

recreational~,frequency and extent of overflow events,

inspections of unnatural bottom deposits, odors,

unnatural floating material or color,

 stream morphology

and results of limited stream chemical analyses.

b

 Where a minimal impact exception justification cannot

be established pursuant to subsection

 (a), or where an

exception will include a modification of otherwise

applicable water quality standards, an exception

lustification shall include, as a minimum, evaluations

 pursuant

 to subsection

(a)

 and evaluations

 of stream

sediment analyses, biological surveys

 (including habitat

assessment), and thorough stream chemical analyses that

include diurnal monitoring

 under both dry and wet weather

conditions.

 Exception justifications which include projections

 of the

improvement from alternative control programs may include

reasonably reliable mathematical models based upon

information gathered pursuant to subsection

 (b).

d)

 Where special circumstances may render any evaluation

inapplicable, the petition shall include a justification

for such inapplicability.

Section 306.362

 Justification of Single Petition

If the discharger

 files singly a Petition for Exception, exception

justifications shall be established by the discharger,

 pursuant to

Section 306.361

 (b), c, and d.

Section 306.363

 Contents of Joint Petition

Requirements for jointly filed Petition.

 Ten copies

 of such

petition shall be filed with the Clerk of the Board.

 The petition

shall include the following information:

a)

 A written statement,

 signed by the Petitioners

 or their

authorized representatives outlining the scope of the

evaluation, the nature of,

 the reasons

 for,

 and the basis

for the lustification for the exception; and

b)

 The nature of the discharger’s operations and control

equipment;

and

c)

 Any A~encyproposal for exception;

and

d)

 Citations to any final enforcement actions against the

discharger, and any variances granted to the discharger

where compliance has not been achieved.

50-105

6

Section 306.364

 Contents of Single Petition

In addition to the information specified in Section

 5 above,

the

petition shall include any necessary treatment conditions and

the provisions of Section 306.305 and 306.306 that would be

modified or eliminated.

Section 306.370

 Notice and Hearing

The clerk shall give notice of the petition and shall schedule

a

hearing

 in accordance with 35 Ill.

 Adm. Code 103.

 The proceedings

shall be in accordance with

35

 Ill. Adm. Code 103.

Section 306.371

 Opinion and Order

The Board

 shall consider the proposed petition for exception

and the hearing record.

 The Board may accept,~remand to the

petitioners with suggested revisions in or reject the proposal,

or direct further hearings or take other actions

as

 it deems

appropriate.

 Another hearing shall

 be held on any revised

petition for exception.

Section 306.372

 Transcripts

In any proceeding brought pursuant to Subpart

 D, the discharger

at its own cost shall furnish the Board within 15 days following

completion of the hearing seven legible copies of

 a complete

transcript of the proceedings of the hearing.

 Upon petition and

good cause shown the Board may assume such cost.

Section 306.373

 Final Date for Petitions

No petition for exception shall be accepted by the Board after

January

1,

 1986.

Section 306.374

 Other Proceedings

Nothing

 in Subpart D shall

 impair any rights authorized in the

Act or Board Regulations that the discharger or any other person

may have to initiate or participate in regulatory proceedi~s,

variance petitions, enforcement actions,

 or permit appeals.

However, Agency determinations made pursuant to Section 306.352

may not be appealed to the Board.

SUBPART

E:

 NEW CONNECTIONS

Section 306.401

 Publication of Lists

(no change from text of 306.105(a)

Section 306.402

 Restricted Status

no

 change from text of

 306.105(b)

50-106

7

Section 306.403

 Critical Review

no

 change from text of 306.105(c)

Section 306.404

 Notification of

no

 change from

Individuals

text of 306.105(d)

Section 306.405

Section 306.406

Appeal

no

 change from text of 306.105(e)

Effective Dates

IT IS SO ORDERED.

no

 change from text of 306.406(f)

I, Christan L. Moffett, Clerk of the Illinois Pollution

ControlDBoard, hereby certify that the above Order was adopted on

the

~

 day of

 1982 by a vote of i~(-~

50-107