ILLINOIS POLLUTION CONTROL

BOARD

July

18,

1974

CITIZENS FOR A BETTER ENVIRONMENT

PCB 73—245

COMMONWEALTH

EDISON

COMPANY

RESPONDENT

COMMONWEALTH

EDISON

COMPANY

COMPLAINANT

PCB

73—248

ENVIRONMENTAL

PROTECTION

AGENCY

RESPONDENT

MR.

SHERWOOD

L~ LEVIN,

ATTORNEY,

in

behalf

of

CITIZENS

FOR

A

BETTER

ENVIRONMENT

MESSRS.

A.

DANIEL

FELDMAN

AND

MARE

H.

VIRSHBO,

ATTORNEYS,

of

iSHAM~

LINCOLN

&

BEALE

in

behalf

of

COMMONWEALTH

EDISON

COMPANY

MR.

DELBERT

HAS CHEMEYER,

ASSISTANT

ATTORNEY

GENERAL

and

MESSRS.

THOMAS

CASPER

AND

ROBERT

KRUG,

ATTORNEYS,

in

behalf

of

the

ENVIRON-

MENTAL

PROTECTION

AGENCY

OPINION

AND

ORDER

OF

THE

BOARD

(by

Mr.

Marder)

PCB

73-245

comes

to

the

Board

on

complaint

of

Citizens

for

a

Better

Environment

(hereinafter

referred

to

as

cBE),

charging

Commonwealth

Ed-

ison

Company

(hereinafter

referred

to

as

Edison)

with

violation

of

Rule

903

(a)

of

Chapter

3

of

the

Board’s Rules and Regulations,

alleging

failure

to

have

a

valid operating

permit

after

January

1,

1973,

for

its

Kincaid

Power

Generating

Station.

The

complaint

was

filed

June

13,

1973.

PCB

73-248

comes

to

the

Board

on

Petition

of

Edison,

appealing

the

denial

of

an

operating

pE

~nit

for

its

Kincaid

Generating

Station

by

the

Illinois

Environmental

Protection

Agency

(hereinafter

referred

to

as

the Agency), filed June 14, 1974,

In its Petition, Edison alleges that

a permit application was filed

February 14, 1973, and that the application showed no apparent viola-

tions of the Environmental Protection Act

(Ill.

Rev,

Stat.

Chap.

110

1/2,

Sec.

1001 et seq.)

or the Rules and Regulations of the Pollution

Control Board.

The Petition further alleges that the application was

13

—

69

---

‘eiie~~

L

~

i~d ~ay

~e

~en~1

Letter staten tth ap—

a ti

p

at

on

r

egiac?.

rtormat~on

s

to tne

~i~C

~r

aid at at to

a ten ~hrs

Edison alicces

o

a

a cl~en~

~ere

ts

f

ar~o~

T~1S~

e

~nx

1i~~ar~e

~o

~aar

teea

~.cir.

t

~t

the

ar e

e

tao

~c

cc toe

i

a

~eatmen

ork’

~na

L

~t&L

tthse

n

c

acti

a

~n

to

~

he

ae~’i~ a

pea

cas

he

Li

ar~

a

-O

iecis~or

ow~

a

e

RE

~io~ed

nei~

t~or th

Late ye

mr

is dcnie

b

~

Li ard

-

e teitc

~

BE

aatr

~tewe

toe r

t~cnto to~cvere

teo~~er~o~v

R

~

~

th~’ ~c~enav f~ef

~

o~rav

eg_e’

~

~nta~

ertaor

be proper

r October

by

a

ote ~

5-~

‘he Agency filed

as answer

ifl

BCB

3—248 October 0,

19

3.

~oie

Agency sta ed in its answer that the permim was denied because

the p~ar~

couid

not

meet

‘-be ettluert requiremer~sof

~~ie 203

)

3

toermal

at

the

point

of

discharge

to

toe

lake

There

~as

also

~nsefficmeot

to-

formation

for

the

Agency

to

determine

if

the

effluent

from

the

ash

and

neutializing

lagoons

would

meet

tote

Chapter

3

requirements

for

effIe~rL

to

the

lake.

The

Agency

claims

that

the

lake

is

a

‘water’

as

defined

in

Rule

104

of

Chapter

3

Edison filed its answer in PCB 73-245 on November 27,

1973, allng~ng

that it nad made an original permit application on November

5,

1971,

which it renewed in its February 14

1973,

application.

The Kincaid Generating Station

is located in Christian County,

near

the town of Kincaid, Illinois.

It 1s a two-unit steam boiler and tur-

bine and generating station with a capacity of 1232 megawatts

(R

56)

The station was erected in this location because of its proximity to

Peabody Coal Mine #10

(R,

58)

.

One of the important considerations for

the placement of the station was Its proximity to an available source

of coal to supply

the

station

R,

58).

In order to condense steam used in the turbine

back

to water, large

amounts

of

cooling

water

are

needed

to

supply

the

condensers

in

the

plant.

To supply this cooling water Edison built a 2660-acre lake

(R,

56).

Lake Sangchris

is the lake

in

question.

The lake was built by

damming up Clear Creek,

a tributary of the Sangamon River, about one

mile south of its confluence with the Sangamon River

(R.

61).

The

Clear Creek watershed is 73 square miles

(R.

61)

The impoundment be-

gan in September of 1964 and the lake was filled to its desired level

in June of 1966

(R.

62).

The dam was built pursuant to permit #10252

issued

February 21, 1964, by the Illinois Department of Public

Works

and

Buildings,

Division of Waterways

(Edison Exhibit #3).

13—70

---

PCB 71-245

“Sec.

903 ~

Sources

(a)

No person shall cause or allow the use or operation of any

treatment works or wastewater sources after December 31,

1972, without an Operating Permit issued by the Agency..,

CEE presented as their opening statement. and only testimony in this

case the facts that:

I)

Edison admitted in their answer filed November

27, 1973, that the Kincaid Generating Station operated without an oper-

ating permit after January 1, 1973

(A.

13);

2) Edison answered to a

request for admission of fact filed August 29,

1973, that Edison dis-

charged

non-contact

cooling

water

and

other

discharges

to

Lake

Sang—

chris

and

that

Edison

had

no

permit

issued

by

the

Agency

after

January

1,

1973

(R.

16)

The question of violation of Sec. 903 of the Rules turns upon the

fact

oP

whether

the

Agency’s

denial

of.

an

operating~

permit

to.

Edison

for

the

Kincaid

Station

was

proper.

The

basic

question

to

be

decided

here~ is

if

Lake

Sangchris

is

a

That-

er”under

the.

definition

provided

in

Rule

104

of

Chapter

3.

If

Lake

Sangchris

is

such

a

water,

then

the

Agency

did

not

err

in

denying

the

permit,

as

the

testimony

at

hearing

shows

that

Rule

203

(i)

(3)

would

not

be

complied

with

(A.

178,

275)

Also,

it

would

appear

that

there

was

inadequate

data

in

the

application

to

determine

if

the

ash

lagoon

and

neutralizing

pond

effluent

would

comply

with

the

Re~gulations.

As

mentioned

above,

the

prime

reason

for

locatina

the

Kincaid

sta-

tion at its present site was the availability

at

coal

from

Peabody

Mine #10.

Another consideration in site selection was the availability

of sufficient water to be used for condenser cooling.

Edison had the

choice of damming up either Clear Creek or Horse Creek to form the lake

(A,

61).

Clear Creek was chosen upon the advice of Mr. Richard Berg-

strom of the engineering firm of Sargent and Lundy.

He considered Clear

Creek to be the better site for the dam for a number of reasons,

The

first reason was that the damming of Clear Creek would have the least

effect on the population cent.ers in the area

(A.

153)

,

A second reason

expressed was the fact that the Horse Creek drainage area had land with-

in it that was good for agriculture and future residential development

(A.

153).

The Clear Creek drainage basin was noted to be in

a depressed

condition because of oil wells in the area, plus sinking spots

from sub-

sidence caused by the oil pumping and coal mining

(R. 66, 154),

Clear Creek drains 73 square miles

(A, 98).

There are no actual flow

monitors on Clear Creek

(A,

96).

Dr. William L. Ackenuann of the Illi-

nois State Water Survey computed the flow characteristics of Clear Creek,

---

—4—

based

on similar streams in the

area.

He found that Clear Creek would

have

a

zero flow on the average of 63 days per

annum

(A.

97).

Three

out

of

four years this zero flow would exist for seven consecutive

days

(R.

98).

The

choice of using

a cooling lake developed because,

as Mr. Berg-

strom

testified,

Central Illinois is water deficient

(R.

155).

This

area

has

quite

a few manmade lakes

(reservoirs~~~

~just

to

supply drinking

water

to

the

population centers of the area

(R. 155)

He felt that

000:Ling

towers were not an alternate method to using the lake, because

of

the

lack

of

available

“makeup”

water

(A.

161)

There

are

also

two

tyocs

of

lakes that could have been used.

The first is the type even—

tuallv used,

a dam lake, which

is formed by backing up water of

a

stream

to

form

a reservoir.

The other

type

of

lake

is

a

“perched”

lake,

which

is

formed by diverting part

of

a

passing

stream to form an im-

poundment

(A.

162).

The

lake

itself is

a three—channel lake

with

the power station

at

the

south

end

of

the

lake

(Edison

Exhibit

#9).

intake

from

the

lake

to

the

plant

is

from

the

west

channel,

Outfall

from

the

plant

is

to

a

dischargc

canal that empties into

the

center

finger

of

the

lake

(H.

63)

On

February 16,

1969,

Edison entered into an agreement

and

quito.iaim

deed

conveying the land surrounding the lake to

the

Illinois Department

of

Conservation, subject to conditions in the agreement

as

a

fee

simple

determinable

(R.

65).

The agreement, Edison Exhibit #4, specified

that

the

state must use the land for park and recreational purposes, or the

title

would revert back to Edison.

Edison also maintains certain rights

of

entry and control of the property,

in

order to maintain the integrity

of

the property and to guarantee no uses of the property will interfere

with

the

operation

of

the Kincaid Station.

sangchris State Park, operated by

the

Department

of

Cortservarmon,

consists of the lake itself and 1500 acres

of land surrounding the

lake,

with

100 miles of actual shoreline

(A.

108)

.

In

its agreement

wi at

Sd--

ison, the state took on the responsibility of developing and nainL~1Lntnq

the park

(R,

109)

.

One of the

first

improvements

made

by

the

deearrocru

was

stocking

the lake with bass,

bluegills,

crappies, and

channe

L

cc

fish

(A.

110).

There

has

also

been

work

done

to

devoloc

a

Withliie

JOGS

preserve

for

waterfowl

such

as

ducks

and

geese

that

stop

while

m:icu~Sirs

(R.

ill)

Mr. Jerry McDonald, District Land Manager for the Department o~

atr~

servation,

stated that he feels Sangchris Lake is

a fishing

“hotspot’

(A,

117).

Boat landings and launch ramps have been installed

(P.

11.7)

-

Fishing is best at Sangchris during the colder part of the year

(Demos

ber, January, and February)

,

as opposed to most lakes in

the

area

where

fishing is best in the warmer months

(R.

112),

Extensive tree planting is being carried out by the department. With

the cooperation of the Boy Scouts 240,000 trees are to be planted

(R.

112).

There are also plans for campgrounds, picnic areas, and shelters

(A.

114).

Plans in the future call for public drinking water supplies

13

—72

---

throughout the park,

along with sanitary facilities and wastewater

treatment facilities

(A.

155).

Projections for use-growth figures

were submitted by Mr. McDonald in Edison Exhibit

#24.

Mr. McDonald

states that in his professional opinion Sangchris State Park is

an

important outdoor recreational resource that will become more so as

use and demand increase

(A.

117)

Frank Bender is president of the Springfield Sportsmen’s Conserva-

tion Club,

“a group dedicated by pledge to faithfully defend from

waste the natural resources of our country,

its

air,

its

forests,

waters and wildlife”

(A.

125),

As president of this group, he spoke

for

it

in saying that the club would want Edison to continue its

warm water discharge into Sangchris Lake

(A.

126),

This discharge

allows

the

lake

to

be used for winter as well as warm weather fishing

(A.

126).

Mr. Bender used to

hunt

in the land that is now Sangchris

Lake,

and

the only

life

he noted in Clear Creek was crayfish

and

crawdads

(A,

127).

He presently rates Sangchris as the best crappie

and bass lake in the State of Illinois

(A.

127).

He feels that if

thermal discharges were ended, there would

no

longer be winter fish-

ing in the lake

(R,

129).

He

feels that there is no

“pollution in

the lake

(A.

129)

and feels that the Board should

..

.

.leave well

enough alone”

(A.

129).

Michael Groppi,

an engineer assigned to the Mechanical and Struct-

ural Engineering Department of Edison, testified as to alternate meth—

ads of control at the Edison~plant, should such alternates be required.

He listed three methods that can be used to cool the condenser cooling

water:

I)

mechanical draft cooling towers,

2)

natural draft cooling

towers,

3)

a spray canal.

Each of the above methods would require approximately

30 to 44

months to complete from the time authorization is granted until opera-

tion commences.

The entire station would also be required to shut down

for about one month

to

facilitate

tie-Sins

(A.

178).

~nical

Wet

Bra

ft

Coolin

Towers

To

backfit

the Kincaid Station with this type of cooling, three tow-

ers would

be

needed,

each

60 feet high,

75

feet

wide,

and 360 feet long.

A new booster station to bring water up to the towers would also be re-

quired.

Maximum makeup water for the towers

(makeup is needed because

of blowdown and drift losses) would be 28.4 cfs

(A.

182),

Mr.

Groppi also addressed the problem

of formation of sulphuric acid

mist.

He

stated

that due to the mingling of sulphur dioxide

(and its

oxidized form of SO

)

and water vapor from the towers,

a possibility of

sulphuric

acid mist3formation exists.

Mr. Groppi felt that this problem

would exist in greater

or

lesser degrees in all three alternates.

The costs for backfitting of the Kincaid Generating Station with

Mechanical Draft Towers were alleged

to be as follows:

13

—

73

---

Actual capit

m irvestmei~

~l7~6 thtior

Lose

of

capacity

because

of

back

pressare

and

power

need

e

~-c

run

r~v eqwnme~’t’

L

egutvalent

inveatmeat

doll

Oat

anilion

Oa-’r’

-:ng

expens

s

i

ecu’

-

den

i

mosimen

ctoila~

1

2

roiio~

$

5

mi~l.o

Pamif

,q

.fl~

sta

rr

-

a~ at

mo

of

co~Jag

devnmo

‘o,li

-~

r~

orm’

~er

4a

led

~

ciurmet

r :~

h

~

at

-(C

eet

A

bo

‘ter

nun

~

at

r

ae

r eat

~

an

~‘s

‘r

~o

mo

toy or

Al

r

—

‘

t

at

a

in

at

r

ci

tnis

yr

-

t

r d

ba

‘a e

e

~

Sr

1

e~ a

s

egat

s

at

-

me

‘are

c

cc

5

-

a

~

I

to~

a

Cl

tmoq

~

p~s~I

ty

ai

p

rams

rm’r

i

-

—

-~

c~

5

~—

—

__l

—~

—

-~

-a

~

-.

‘~

-~

r

5,

~-L:r’

rat

a

di

1

sat

a

av

‘a~a

w

a

a

rm-me

I

~

I

no

arC

-crat

r

dl

at

a

me

ci

L

s

tie

to

the

~

-

at

dme’

a~

term

~nu

i

rat’

c

a

‘me

a

me

I

me

pbux.

cc’

rmst

t

vol

r

~

rev

t;

c

usa

a.

toe

Loss

of

capaciry

due

to

bacic

pressure

and

puner

needed

to

operate

equip-

---

-~-

i

a

vent

a

a

d

-~

c

~

.r

at

at

e

e

‘o

t

-

oet~o s

t

er, a

a’

a

s

a t

tcmeJ

a y

chow

Ia

‘-he ~

me.

r r

cc

a’e

acme’

cL

e’e

ii

fat

-

mocis

-

exoense ocrm

t

c

na

e

bitt

r

c~a

1

3

mes

r

,

mo

craterec

o actor

-

5

me

cc

L

i~0

a

e

t

-

nonitar effluent ~

Lago

ant icr raJ

rite

oaf ae

‘a so of

ti ~rr

i

termi

eat flow

a-

becaune o

i~

ay

-

,a

i

‘

ar

rita

She

oct ng wadmi

me

a ‘~e mn~ ~ ~c b-cause

he

itdmc lty

oreatir

these st

mon

e -o e

Is barve

Ru

ake

,

at

-

1

th2,

av

al eged by Sc_so

tat s ~

II these

treamo

e ~rc

ie~

c

t

0

15 be

:orths betorm morrp eLion

01

e

project ~

mmcl

~

a

Sj

$1

oration

A

21

Opor t e dtart on the

ike s

oeation

disrm began rormto-in

tie

ate

(1

242

tattoo recai red

inetimo

I c

of ~rlsaukee

ats ‘on—

sin,

to mona ct a s -udy of tne lake and jather base lire

ata

t~

e

~ake ror future stidies

A,

242

Concurmont sith

his

tudy,

toe ill

inois Department

of Conservation is

doir.g a

-reel census

n the r’unber

at fish taKen in the

lake

A.

241)

In May

f 19

3, Edison retained the

lI,lrmois Natoral

Jistory Survey

to do an motenslve tour-year researat program at

She lake

R. th6—24

)

hang with this research,

the morvey conducted a litermtuxe sear~-hand

comparatime study at

angchris Lake,

along with

eke Decatar, Rvergreer

‘the,

Laxe Tou Yaeer

Lake Springfield

and Lake Taylorviate

A,

246,

Sdison Exnibit

#21,

edward Juracek, staff biolocist with Edison

stated that it is con-

cluded from the report that oangchris ~aKe is

or

or above

at

with the

rest of the reservoirs surveyed

A

24~

According to Mr

John Tranquilla of the Natural History Survey, the

extensive study

of the lake wtll consist of bi-weekly monitorIng of a

full range of chemical, physical,

and biological parameters, and month-

ly monitoring of benthic organisms and fish

(A,

247,

303).

The survey will provide Edison with cruarteriy raw data reports,

semi—annual reports with some interpretation, and annual reports with

full analysis to date

(A.

313).

Concurrent with this study the Department of Conservation will be

running limited fish management experiments

(A,

249),

The Limnetics study cost Edison $125,000,

and the Natural History

Survey will cost about $625,000

(A.

250)

13

—

75

---

—3—

The

Limnetics

survey

was

conducted

under

the supervision of Rodney

Harmsworth

(A,

258),

Mr,

Harmsworth was

not

able

to

testify

in

person

at the

hearing~

as

he

was

out

of

the

country,

but

a

prepared

statement

was introduced and admitted into the record without any cross—examina-

tion.

He

states

that

sedimentation

in

the

lake

has

been

normal

for

a

lake

the age of Sangchris,

and

poses

no

threat

to

the

longevity

of

the

lake

(A

,260)

The

maximum

lake

temperature

measured

was

100.4°F.

(A,

260),

Dis-

solved

oxygen

in

the

water

is

sufficient

to

support

an

extensive

and

diverse

aquatic

biota

(A,

261)

,

A’iack

of

dissolved

oxygen

in

the

lower

levels

Of

the

lake

during

the

summer

months

was

noted.

This

was

caused

by

temperature

gradients

in

the

water

that

stop

the

normal

move-

ment

of

water

to

the

surface

for

reoxygenation

(A.

263).

This

situation

would

exist

with

or

without

the

thermal

discharge

from

the

plant

(A.

264)

The

study

also

shows

that

there

are

sufficient

nutrients

to

sup—

port

good

algal,

zooplankton,

and

fish

populations

(A,

264).

There

have

been

no

nuisance

algae

blooms

reported

in

the

lake

(A,

265).

Sport

fish

have

been

improving

over

the

period

of

the

study.

It

takes

2

1/2

miles

for

water

that

is

warmed

20°F.

above

ambient,

at

the

discharge

point,

to

cool

to

5°F.

above

ambient

(H.

271),

Mr.

Juracek

states

that

in

his

professional

opinion

he

expects

to

find

lower

incidence

in

fish

disease,

fish

qrowing

at

1

1/2

to

2

times

their

normal

size,

and

no

adverse

effects

on

aquatic

biota

in

the

lake

(H,

280—281)

Mr.

Harmsworth

stated

that

in

his

pr~f~ssi

nn~1

opinion

the

lake

is

of

good

environmental

quality

(A.

271)

Mr.

Bergstrom

stated

that

in

his professional oninion the

damming

of Clear Creek did not hurt the stateis waters, but

in

fact

improved

them

(H.

160)

The

Agency offered no evidence other

than

the

application

filed

by

Edison.

The

discussion

of’

the evidence presented at

hearing

is

being

consid-

ered

in

relationship

to

the

enforcement

case,

PCB

73-145.

Under

the

En-

vironmental

Protection

Act,

the

Board

has

wide

discretion

in

writing

its orders.~

The Board. must take into consideration all the facts

anal

circumstances bearing upon

the

reasonableness of the emissions,

dis-

charges, or deposits involved.

Ill.

Rev.

Statutes,

Chap.

ill

1/2,

Sec.

1033

(c).

Therefore,

all the testimony

submitted

at hearing is being

considered in writing an appropriate order as required under the Act.

Much of the above testimony is of little value in our

determinations

regarding the permit appeal case,

The permit case rests solely on

whether the Agency properly denied Edison an operating permit,

and such

determination can only be based on whether the Agency properly inter-

preted the intent of the applicable rules

and regulations.

13

—

76

---

—9—

As

mentioned

above,

the

major

question

to

be considered

is

whether

Sangchris

Lake

is

a

water

under

Rule

104

of

the

Water

Regulations.

Chapter

3

of

the

Board’s

Rules

and

Regulations

was

promulgated

un-

der the authority of Sec.

13 of the Environmental Protection

Act.

These

regulations are enforceable under Sec.

12

(a)

of the Environmental

Pro-

tection Act, which states

that,

“No person

shal:L cause or threaten or allow the discharge

of any contaminant into the environment in

any state so

as

to cause or tend to cause

water

pol:Lution

in Illinois, eith-

er alone or in combination with

matter

from

other sources,

or

so

as

to

violate re ulations or standards adopted by

the

Pollution Control Board under

this

Act.’

(emphasis

added)

The

Rules were adopted to basically protect “waters”

o:E

the State,~

Section

3

(b)

of the

Environmental

Protection

Act defines

“waters”

as,

“all

accumulations

of

water,

surface

and

underground,

nat-

ural and artificial,

public and

private,

or

parts

thereof,

which are wholly or partially within, flow through,

or

bor-

der upon

this State.”

The definition of waters in Chapter

3

of the Rules is more limited

than the statutory definition,

It

provides that waters under

the Sec.

3

(a)

opinion are waters subject to the exception

that,

“sewers or treatment works are not included, except as

specifically mentioned; provided that nothing herein con-

tained shall authorize the use

of

natural

or

othe~ise

pro--

tected waters as sewers or treatment works, except that

in—

stream aeration under Agency permit is allowable,”

The Board decides

“water” cases on a case by case basis

(Central

Illinois Public Service Co.

v. Environmental Protection Agency, PCB

73—-

384).

This

is done because no hard and fast rule can be set down

as

to what a water

under

the

Rules

is.

It

is very easy to define

in

the

cases of bodies such

as Lake Michigan or the Illinois River, but as one

moves down the continuum of waters

to

the smallest streams

or

to diff-

erent types of water bodies,

a study of the facts

in each case

is

the

most appropriate to making a reasoned determination,

The Board finds that Clear Creek was and is a water of the State.

It

fits

into

the

definition

of

both

the

Act

and the Rules.

Even though,

as Dr.

Ackermann

testified,

there

are

63

days

per

annum

where

one would

expect

a

zero

flow

(supra.)

,

the Board’s

tion of intermittent streams.

Our Rule

302

(k) provides that certain

intermittent streams under certain conditions

could be classified

as

secondary

contact

rather

than

general

use

waters.

The

intent

of

this

rule

clearly

indicates

that

in

promulgating

these

regulations,

a

stream

such as Clear Creek was intended to be covered by the Regulations, and

a permit would have been needed to discharge into Clear Creek itself.

13

—77

---

o

-‘-‘

.~

r

ee

-

n

peer

ot

r-

e.

~

;

a._e~-t’..a~..o

~0

7

p

•‘

y

S

‘7

ai~r.~

-e

e

I

xeidt

La

...far

the

stdte

(

a’’tL.g

ip

:~

~.

a.fli.

n

aior

a&ver

r

atoucb-

Lce

ouitnot

ave’o’teet

hec.~

unit

al’

-

.

s

a

extre

ie

aaapte

--

ta~

a

BOa

ca

n

-

-he

..atral

;at~.

ta.t

‘‘oce

ted

~..

o-

t

t

Rise

.

ectnp

~O.

.0..

T&

the

Rules

at

1-he

a lagest

&e

tnt

thap’.ex

a

rro

mony

of

Dr

~7nIey

‘oeo

oy

Pd

s

n

r

:

C

‘-e~t’t ad

rat

4te

stat

itoty

arc.

he

o-

seq..

C

)t

-

a4ern

i.d’crdto

clisde

“er

C

v~-

ic

J’ttes

‘ep~

ii.

R

34

—356

tts

‘0

ct

e

•

o

irg

ponds

oxtdataon

ponds

tert..4fl

nat ‘c-st

~a

‘an”

ponc.s

rt~Board

a’greed

.Lth

‘r

“ipea

Cool

“g

pon~s

1.a~.y i.

c’ ‘ceed vs

U-c

reat-rert

ions

excirpt

or

cy

c,’

ra

g

~

e ic~. .jt.so

0’

‘s

us

rat

a

:c’

L

.3

dscn

~tO~O5aa.

ten

at

tha

t. re

)

sot-s

tne.~

“.

e..’t

or

to

‘iscuss

the

co~sequer~ccs

o

‘u.s

ceques

s,

aFould

t te

r

be

incorporated

in

the

regalatior

E..

sta,sa

The

ret

effect

of

these

proposea

clanges

would

e

.o

create

implicitly

a

raw

Water

Use

designation:

aste

‘ater

treatntent

Fact.. ties

Waters

Without

ore

the

waters

inic?

~tt

ins

designatior

iousd

r’ot

e

reauirsd

tc, meet

any

water

quality

criteria

except

nd!

re~ty

as

the

‘ruality

of

water

in

the

treatment

-acilities

might

cause

effluent

~riteria

to

be

viol-

ated

One

coaid

contend

with

strong

factuaL

support

-nat

rho

later

in

any

private

lake

pond,

or

stream

ontains

some

waste

Materials

and

was

changing

in

quality

and

therefore

fit

this

c1esignation.

The

changes

which

I

have

suggested

in

the

proposed

regulations

could

in

the

long

run

provide

a

mechanism by

whicn

all

aravate

waters

of

the

State

would

be

exempt

from

appli-

rat- on of

any

of

the

criteria

of

the

proposed

regulations

contrary

to

the

Board’ s

apparent

intention

and

to

mine

an

making

the

suggestions.

NI

believe

that

waste

treatment

and

disposal

is

an

appropriate

use

for

some

of

the

waters

of

the

State.

dowever,

the

use

of

waters

for

waste

treatment

and

disposal

should

be

regulated

and

controlled

so

that

pollution,

that

is,

interference

with

other

uses,

of

other

waters

does

not

occur.

The

Board should

be

very

careful

to

avoid

a

situation

in

whicn

more

and

t-a

YS.

r

-a

~.i

d

e-

-

at

1

...f

P

t

~t

io&d°

h

cr

1

r°j.re

‘I

t

n

4,&

Cli

oaJc’

‘‘r’

C

‘

~

q

re

I-i

eal-iTent

•

t

:e

‘se

t’

-

.‘ce

pt

r~

-

at

placeC

-

rr

e

-L

‘-ad

at

he

~a

Qoceer

—1)

pod-

~a

f

\,‘.

-

‘sat

C

at

~eet

st

t’kes

a

OtiL

a

.~.

°

•

ca

.4

ci.

ono

nd

ye..

~

C

f-r

as

‘ae

13—78

---

I

more

waters

of

the

State

might

each

year

tani

themselves

in

tie

implicit

category

of

Wast

I ates

Treatment

Pacssataes

Waters

?19

accoxae

angly

exempt

trot

nmetang

the

cratene

estar

lashed

for

outer

water

use

ccsagnataona

oep~

.3

~.,

pp.

W

—35i

B

a

put

t

nhturai a

‘

pro’c~ted

~

r

cp

a

rcatYe~r

03

.

cxelrpt.ov

SL

orda

to prc,tOc

t

6

d..eZb

f

t

roT

I-

e...ib

aaeacñ.

a.

4

sc:

se’

b

D

P

pa)

Th

c

ar..a’rg the corrauratton ef

-

rater’doe

.i

chara~

that

t

&ter

ciet tne

Regul&-ao~s

.a gc r.s akc as

r

s~~C•.

C~

eel

+

is

t—eatmart

~or

“a’°

b

rue

4.at

rt

arc!

rrotec~ec

t

&

~,.

..n~

C~att

k-

au

it

taj~sur&.. rir

-

apt...

rea

~atton

~‘t

o

db

laJ’e-

tray

c

jyt3~..

tc

.,

‘~..

1..1

rc-

r.

a

-

3

-1.

re.

—

-

1.

1.

e

..s

-

•

“a...’

1~

...cC-’1’r2

ja~

.,

1

-

ctfl_

‘

i

2’

e

-

c

a

a

-

t

7

~.

r11t

C.

31

aa

nra.

..tuca

ar4d

nr

tr

e

~

mi

wc

I

~.s

-

.~

a

~

-or

~.,t

7

1

-

x~

C

aptcr

Ut

‘s..tsr~

13

a

~a

pera..

~.

r-

c

I

...i

T.~-icaaoGa.

adtLO

&tc...J.

T

:L~-e

.fla

-

r..

t,

-

Z.

C~

..catxo

to

t’L.

oc

-

b

t4

ato

ji.

a

o..~.

oet’

T.s.

-

‘teth~r

t..c

Ldtoor.

.eacta

geo

so-.

lv

t.tt

t.

a

Rscu..~ti.

a

trey

entc.~ Sangcnra.

Las.

tnt

Ac.....

did

nnt

3T

dc.xy-g L

rerltt

ar.~so

the

pen’tt

stpoas

raJ....d

bj’

L3t..,

‘t~..

be

ic

...e~

Tnt

e

ssdencc

presented

n

tLn

mattn’

sno

tnat.

Ed

~so- P

ad

air

o

-

tantes

to

have

a

great

.trteres

~n

pre’erc:ng

a

decr’adatao

ot

‘as

stonipent

with

its

fly cai d

St0t

Os.

2

e.

e

adena.

srsocs

that

L&s

r

took

a

dc?res°ed p...ece

cf

arid and

orast

a

:a~e that

the

DepartiPert

of

Consertatson cons~ders

a

great

recrattoral

asset

tc

the

area

Ed.....o

assr

has

taken

steus

to

maintair

adec.ua3

t.

anfornc.taor

as

to

the

ennr-

onmental

condition

of

the

lake

Th° cv.dar-’e

farther

snored

ti

~

no

roe~tattt

C,

•.,

se

C,OTtr

as

isdaso

.‘

.~..

.Ln..c.rrrc

a..1.

T

aOpi...35

t

a

.~acii..t

~e

no

~

at

ot

‘e

c.

.t~

•

la~

as

r

t

ae...nc

t

~u

J.

~e’

r

j°’

are

tea

et

ot

e

~.,t3

a

r

r

arra

t

ea

t

.0’

-

.1act

-

•

e

c

*

0

d

i

eT

a

-.

1.

C.

•~...

—.

r

0

1-

.

p

0

—

a

:s

L’

—

C

-

7s.

41~55~

C.

7~

•

c

cr

s

e

~Cj.

r

—

r

—

-

r

—

J

£

I

1

£

---

12

—

only

is

the

lake

an

improvement

over

the

previously

existing

waters,

hut

it

is

possibly

a

better

lake

than

natural

lakes

of

its

size

and

location

Edison

built

this

lake

before

our

chapter

3

rules

were

adopted

to

provide

what

in

its

opinion

was

the

best

possible

method

of

providing

cooling

water

at

the

time,

To

retrofit

the

station

with

cooling

towers

or

with

a

spray

canal

may be unreasonable, considering the

costs

:Ln—

volved, and the

potential

environmental

impact.

The

Board

neither

en-

dorses

nor

bans

cooling

JLake technology

as

a

method

of

providing

ade-~

quate

cooling

water

for

electric

generating

stations.

In

this

Opinion

the Board

:is enforcing

a regulation that

:Lt adopted in the manner

con-

sistent

with.~the intent

behind

the

Regulations.

At this

point

there

are

two iorms

of relief open to petitioners be-

fore

the

Board,

should Edison feel that compliance with the applicable

rules is arbitrary or unreasonable, or should Petitioner

feel

that

the

regulations themselves

are unreasonable,

The Environmental

Pro-

tection

Act

allows

the

Board

the

option

of

granting

variance

upon

proof

that

a

rule

would

impose

an

arbitrary

or

unreasonable

hardship

on

Pet-

itioner,

Such

a

variance

can

be

extended

from

year

to

year

upon

a

showing

of

an attempt to

comply

(compliance plan)

(Environmental

Pro-

tection Act,

Sect.

35-36).

The

Environmental

Protection

Act

also

has

provision

to

allow

any

person

to

file

with

the

Board

a

proposal

for

regulatory change.

Should

Edison

feel

that

the

applicable

rules

and

regulations

on

the

broad

terms

laid

down

are

arbitrary

as

they

apply

to

the

particular

type

of situation with which they are faced, grounds

for

regulatory change may exist

(Environmental Protection Act, Section

27)

Exceptions

from a major regulatory concept have been written in-

to

many

Board regulations to reflect particular problems, and this

Board is fully

cognizant of its responsibilities to review its regula-

tions when just cause

is

shown..

Such

an

exemption is presently in

the

proposed stage.

As part

of

the

adoption

of

the NPDES system by the state, Rule 410 is being

con--

sidereth

This

rule,

if adopted, wo.uld reflect the considerations

of

Sec.

316 of

the

FWPCA.

410

(c)

as currently proposed, reads

as

foilows~

~‘The

Standards of Chapter

3

should apply to ther-

mal

discharges,

unless,

after

public

notice

and

op-

portunity

for public hearing,

in accordance with Sec.

316

of

the FWPCA and applicable federal regulations,

the

Administrator or the Board has determined that

different standards should apply to a particular

thermal discharge.

It

is

conceivable that should this rule be adopted, the Board would

find

that Edison~sthermal discharge to

Lake

Sangchris should be gi~n

in

essence a long-term

permit

to continue discharging.

Because of the rather unique situation surrounding this enforcement

action, the Board has very carefully considered what type of order

to

issue.

From the facts elicited, there has been no environmental dam-

13—80

---

-

13

—

age proven;

in fact,

Edison

is attempting to further prove that no

damage can be reasonably expected to occur.

The social benefit to

the community,

from testimony elicited, would seem to far outweigh

any wrongs which may have been incurred by operation without

a per-

mit.

From considerations

such as these, and being fully cognizant

of the dictates of Section 33

(c)

of the Environmental Protection

Act, the Board sees no value in imposing a monetary penalty and will

not order such payment.

However, to insure the integrity of our regulatory scheme,

an

order to cease and desist violations must be issued.

Such an order

must take the form of ordering Edison to take whatever steps are nec-

essary to obtain an operating permit.

The Board will allow signifi-

cant time and options to Edison to conform with this order.

Such

time

is being granted due

to the

complexity of the problem, and to

allow Edison to gather and sort out data which will allow it to bet-

This Opinion constitutes the findings of fact and conclusions of

law of

the Board.

ORDER

IT

PCB 73—248:

Petition of Commonwealth Edison Company requesting the Ill-

inois Pollution Control Board to reverse the decision of the

Environmental Protection Agency in its denial of an operating

PCB 73—245:

A.

Respondent, Commonwealth Edison Company,

is found in

violation of Rule 903

(a)

of Chapter

Regulations.

B. Respondent, Commonwealth Edison Company, shall within one

of Rule 903

(a).

Compliance with such cease and desist order

shall consist of:

1.

Conformance with

the applicable rules and

regula-

tions, or any other rules promulgated by the Board

pursuant to Sec.

316 of the FWPCA, and receipt of

an operating permit for the Kincaid Station, or,

2.

Receipt of a variance from this Board after meet—

ing the criteria of Title

Protection Act and Part IV of the Board’s Proced-

3.

Grant of a regulation change by this Board pursu—

13

—

81

---

ant

to

Title

7

of

the

Environmental

Protection

Act

and

Part

11

of

the

Board~s Procedural

Rules

I.

Christan

L.

Moffett,

Clerk

of

the

Illinois

Po~lut~on

Control

Board,

certify

that

the

above

Opin~on and

Order

was

adopted

by

the

Board

on

the

____

day

of

~

,

1974,

~y

a

vote

of

____

to~

13 —82