ILLINOIS POLLUTION CONTROL BOARD
    April
    1,
    1982
    REYNOLDS METALS COMPANY,
    )
    Petitioner,
    v.
    )
    PCB 79—235
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by
    I. Goodman):
    On February 25,
    1982,
    the Illinois Environmental Protection
    Agency (Agency) motioned the Board to reconsider its January 21,
    1982 decision in this matter.
    Reynolds Metals Company filed
    objections on March 12, 1982.
    The motion is granted.
    The Agency interprets both Rules 408(a)
    and 602(c) of the
    Board’s Chapter
    3 to be applicable to combined sewer systems.
    The Board, on the other hand, has found that Rule 408(a)’s
    effluent limitations are not applicable p~ se to these systems,
    but rather the performance criteria set out
    in Rule 602(c)
    is.
    The Agency requests that its interpretation of the mutual
    applicability of Rules 408(a)
    and 602(c) be adopted by the Board.
    In the alternative,
    the Agency requests that this decision be
    modified to circumvent the issue of whether combined sewer systems
    are subject to Rule 408(a).
    The Board decision in this matter that Rule 408(a) does not
    apply to combined sewer systems is premised on the interpretation
    originally given for adopting Rule 602(c)
    in 1972.
    3 PCB 755.
    At
    page 773 of the adopting Opinion the
    Board considered requiring
    “all such combined
    sewer overflows
    to be treated to meet the
    effluent standards.”
    However, due to the unbalanced costs and
    benefits which would be induced by such a requirement, this
    interpretation was rejected.
    A case-by—case determination by the
    Agency of the degree of treatment required and the amount of flow
    to be captured was instead adopted.
    3 PCB 774.
    Therefore,
    the
    Board’s holding
    in this case remains unchanged.
    Next, the Agency argues that its discretionary authority to
    condition NPDES permits with necessary effluent limitations
    lies
    in Rules 9l0(a)(4) and 910(b).
    The latter rule is inappropriate
    for two reasons.
    It is dependent on subparts
    (1),
    (2), and
    (3)
    and not subpart
    (4) of Rule 910(a) and any effluent limitations
    imposed pursuant to it should be in terms of mass discharge.
    46—5
    2
    However, the Board accepts the argument that language in Rule
    910(a) (4) provides the Agency with authority to condition an
    NPDES permit with an effluent limitation set out in Rule 408(a).
    Rule 910(a)(4) specifically allows
    for the imposition of such a
    condition when necessary to meet established water quality
    standards,
    and thus in this instance is more appropriate than the
    general authority granted by Rule 910(a)(6).
    Therefore,
    the
    January 21,
    1982 Opinion is amended to reference Rule 910(a) (4).
    The appellate decisions cited in that Opinion now serve as
    collateral
    support,
    since the reasoning contained therein also
    applies
    to the more specific authorization contained in Rule
    910(a) (4).
    IT IS SO ORDERED.
    I,
    Christari L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify that the above Order was adopted on
    the
    /~
    day of
    ______________
    ,
    1982 by a vote of
    4’-o.
    ChristanL.
    ôff~
    Clerk
    Illinois Polluti
    ontrol Board
    46—6

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