ILLINOIS POLLUTION CONTROL BOARD
February 17,
1982
IN THE MATTER OF:
)
AMENDMENTS TO CHAPTER 3:
)
R76-21
WATER POLLUTION (Effluent
Standards)
ORDER OF THE BOARD
(by J,D. Dumelle):
On January
6,
1982 the Illinois Environmental Protection
Agency
(Agency)
filed a motion
for reconsideration of the
Board’s December 3,
1981 Order in this matter insofar as it
adopted Rules 412 and 702(a) of Chapter
3:
Water Pollution.
In that these rules have already been filed with the Secretary
of State and are now law,
the Board
finds reconsideration to
he inappropriate and,
therefore,
denies reconsideration of
those rules.
The Board does,
however, find the Agency’s reasons for
reconsideration to be otherwise meritorious, and will review
the contested rules.
The Board will propose the amendment or
deletion of those rules as it deems appropriate.
By letter dated January 19,
1982 the Agency informed
the Board of certain references in the Board’s September 24,
1981 Opinion in this matter which refer
to rules included in
the Board’s February 19, 1981 first notice proposed order but
which were changed or eliminated in the final order.
The
Board will construe that letter as an addition to the Agency’s
motion for reconsideration and will grant reconsideration
to that extent.
The Board hereby modifies its September 24,
1981 Opinion in this matter as follows:
1.
The first sentence of page 43, paragraph
4 should
read:
Rule 411(b)(1) provides as a condition for
the relaxed
effluent
standard that “the discharger
does not use mercury; or, the discharger uses mercury
and this use cannot be eliminated; or the discharger
uses mercury only in chemical analysis or in laboratory
or other equipment and takes reasonable care
to avoid
contamination of wastewater”
(1:164;
2:286;
3:353,
355,
448).
2.
The second and third sentences of page
44, paragraph 3
should be combined to read:
Rule 411(c)(2)
is written
to parallel
Rule 411(b) (1) except that there
is no
allowance for use which cannot be eliminated
(1:164;
4:645).
45—437
A
3.
On page
45, paragraph 5,
“Rule 411(d) provides” should
be replaced with “Rules 411(b)(1) and 411(c) (2)
provide.”
4.
In paragraphs
2 and
3 on page 46 the references to
Rule 411(e) should be to Rule 411(d).
This is
also true in paragraph 1, page
48.
IT IS SO ORDERED.
I,
Christan
L. Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify that the above Order was adopted
on the
IT”
day of
~
1982 by a vote of
~‘—c
Christan
L. Mdf~t, Clerk
Illinois Pollution Control Board
45—438