ILLINOIS POLLUTION CONTROL BOARD
    April
    29,
    1982
    IN THE MATTER OF:
    )
    AMENDMENTS
    TO THE WATER POLLUTION
    )
    R80-6
    REGULATIONS OF THE ILLINOIS
    POLLUTION CONTROL BOARD
    OPINION AND ORDER OF THE BOARD
    (by
    I.
    Goodman):
    The Illinois Environmental Protection Agency
    (Agency) on
    April
    7,
    1980 proposed amending Chapter
    3:
    Water Pollution in
    response to the Third District Appellate Court~sinterpretation
    of Board Rule 951(h)(2)
    in Starcevich et al. v.
    IEPA,
    78 Ill.
    App.
    3d 700,
    397 N.E.
    2d 870.
    On May 30,
    1980,
    the Board issued
    a proposed Opinion and Order which included the language proposed
    by the Agency and its own additional amendments
    to Chapter
    3.
    Written public comments subsequently received by the Board
    principally addressed the Board’s proposed amendments.
    After
    modifying its proposed Order in response to these comments,
    the
    Board published the rules
    for First Notice and indicated public
    hearings would be scheduled.
    The Department of Energy and Natural
    Resources developed an economic impact study, which was received
    by the Board on December 11,
    1981.
    This rulemaking had three distinct objectives.
    1~s
    stated
    above, the Agency sought to amend Chapter 3 definitions and
    Rule 951(b)(2)
    to limit the Starcevich court’s interpretation
    of this Rule to that single case.
    Secondly,
    the Board proposed
    amending those rules pertaining to Restricted Status for water
    treatment authorities.
    Lastly,
    the Board sought to use this
    regulatory proceeding to update
    language found
    in Rule
    501 and
    Part IX of Chapter
    3.
    Since this rulemaking was initiated, the
    definitions proposed by the Agency have been added to Chapter
    3
    in R77—12, Docket
    A.
    After reviewing the public comments and
    the Agency’s practice and authority to impose Restricted Status,
    the Board has determined that major revision of the pertinent
    rule
    is unwise.
    Combining procedural rules with the current
    Rule 604 could only create confusion for those persons seeking
    review of or variance from Restricted Status.
    However, amending
    Rule 604 to include provisions further delineating the Agency~s
    procedures
    for imposing Restricted Status may be beneficial.
    Thus,
    all that remains to be considered by this rulemaking
    are non-substantive changes updating Chapter
    3 and the substantive
    amendments
    to Rule 604 and Rule 95l(b)(2),
    removing any prece-
    dential value created by the Starcevich decision.
    Rather than
    hold merit and economic hearings on these minor amendments, these
    issues and the non-substantive changes will be incorporated intp
    R82—5,
    Effluent Standards Revisions.
    This matter is dismissed.
    46—251
    2
    IT IS SO ORDERED.
    I,
    Christan
    L. Moffett,
    Clerk
    of the Illinois Pollution
    Control Board, hereby certify that the
    bove Opinion and Order
    was adopted on the
    ~g4-
    day of
    ___________________,
    1982 by
    avoteof
    .~-r)
    ristan
    L,
    of~etf./’~erk
    Illinois Pollution
    rol Board
    46—252

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