ILLINOIS POLLUTION CONTROL BOARD
February 14,
 1974
)
IN THE MATTER OF
 )
WATER POLLUTION REGULATION
 )
 R73-1
AMENDMENTS
 )
)
OPINION AND ORDER OF THE BOARD
 (by Mi-. Dumelle):
This matter concerns amendments to certain rules of the
Illinois Pollution Control Board Rules and Regulations, Chapter 3~
Water Pollution.
Chronology of Events
Amendments
 to the Water Regulations were proposed by the
Illinois Environmental Protection Agency
 (Agency) on February
 20,
1973.
 The proposal, published in Board Newsletter #61, with one
exception was “intended to meet objections
 to existing Illinois
Water Pollution Regulations raised in the January 16,
 1973 letter
from Mr. Francis T. Mayo, Regional Administrator, Region V,
U.S. Environmental Protection Agency
 (IJSBPA)
 to Governor Daniel
Walker.”
 The exception was the additional proposal by the Agency
to revoke Rule 921(d)
 of Chapter 3.
 Specific amendments proposed
by the Agency were the following:
Amend Rule 104
 (Definitions)
 as follows:
~
preteeted-fer-aqi~atie-3:ife;
Amend Rule 201(b)
 (Mixing Zones)
 as follows:
(b)
 In addition to the above,
 fer-waters-designed-fer-aquatie
 Iife-(~enera1-Standards3; the mixing
 zone shall be so de-
signed as
 to assure
 a reasonable
 zone
 of passage of
aquatic life
 in which the water quality standards are met.
The mixing zones shall not intersect any area of any such
waters in such a manner that the maintenance
 of aquatic
life in the body of water
 as
 a whole would be adversely
affected,
 nor shall
 any mixing
 zone contain more than
 25
of the cross-sectional area and/or volume of flow of
 a
stream.
11
 —291
-2-
Amend Rule
 203(c)
 as
 follows:
(c)
 Phosphorus
 (STORET number
-
 00665);
 Phosphorus
 as
 P shall
not exceed 0.1 mg/i in any waters of the State, nor shall
it exceed 0T05 mg/l in
 aiiiy reservoir or lake,
 or in any
stream a~the point where
 it
enters any reservoir or lake.
Amend Rule 203(h)
 as
 follows:
(h)
 Any substance toxic
 to aquatic
 life shall not exceed one-
tenth of the 48-heur 96-hour median tolerance limit
 (48-hr.
96-hr.
 TLm) for native fish or essential fish food organisms.
Amend Rule 205
 as follows:
205
 Restrieted-Use-Standards
Secondary Contact
 and Indigenous Aquatic Life Standards
Water designated
 in Part
 III of this Chapter for-Restrieted
Use
 as Secondary Contact and Indigenous Aquatic Life
Waters
 shall meet
the following standards:
(c)
 Dissolved oxygen
 (STORET number
 00300)
 shall not be
less than 4.0 mg/i ~
 3;8-mg/1--d~ring-at-least
16-he~rs-in-any-24-he~r-peried;-ner-iess--tham-2~9-mg/l
at-any-time;
(g)
 Phosphorus
 LSTORET number
 -
 00665~
 Phos~phorus as
 P
 shall
not exceed 0.1
mg/i ~n any
 waters
 o1
 the State, nor
 shd11
f?~exceed 0.05
mg/i
 in
any reservoir
or lake,
 or in any
stream
 at
 the point where
 it enters
~reservoir
 or
 la1~e.
(h)
 Any substance toxic
 to
aquatic
 life
 shall
not exceed one-
tenth of the 96-hour median
 tolerance
limit
 (96-hr.
 TLm)
~ivefis~oraaxiisms.
Amend Rule
 301 as
 follows:
301
 General Use Waters
All waters of
 the State
 of Illinois
 are designated for
general use except those designated as Restrieted-Use
Waters; secondary contact and indigenous aquatic life waters.
Amend Rule
 302 as
 follows:
302
 Restricted-Use--Waters
Secondary Contact
 and
 Indigenous
Aqpatic
Life Waters
11
 --~
292
—3-
Secondary contact and indigenous aquatic life waters
 are
those waters which will be appropriate
 for all secondary
contact uses and which wTll be capable of supporting
 an
i~idigenousaquatic life limited only by the physical con-
figuration of the body of water, characteristics
 and
origin of the water and the presence of contaminants in
amounts that do not exceed the applicable standards.
The following
 are desi~natedas restricted-use-waters
secondary contact and indigenous aquatic life waters:
Amend Rule 303 ~s follows:
303
 Public and Food Processing Water Supply
All waters of IllinOis are designated for Public and Food
Processing Water Supply use except those designated
 as Re-
strieted-FJse-Waters,
 secondary contact and indigenous
aquatic life waters, and except for the following:
(a)
 The Chicago River;
(b)
 The Little Calumet River.
Amend Rule 921 as follows:
921
 Standards for Issuance
The Agency shall not grant any permit required by this Part,
except an Experimental Permit under Rule 907, unless
 the
applicant submits adequate proof that
 the treatment works,
sewer,
 and wastewater source:
(d)
 if-subjeet-to-a-future-eemplianee-date;-the-
ap~lieant-has
-
an-appreVed-Pre~eet—Cempletien-
Sehedule-in-aeeerdanee-with-the-previsiens-ef-
Rule
-
100 2.
Hearings on the proposed amendments were held at the following
locations:
March
 27, 1973
 Chicago,
 Ill.
March
 28, 1973 continued to
March
 30, 1973
 Chicago,
 Ill.
April 10, 1973
 Carbondale,
 Ill.
April
 11,
 1973
 Springfield,
 Ill.
May 4,
 1973
 Chicago,
 Ill.
11
 —293
-4-
At the hearing on April
 10 the Agency presented several revisions
to their original proposal.
 These revisions are listed below.
Amend
 Rule 201(b)
 (Mixing
 Zones)
 as
 follows:
(b)
 In addition to
 the above,
 for-waters-designated-for
aqtiatic-life-f6enerai-Standards~,the mixing zone shall be
so designed as
 to assure
 a reasonable zone of passage for
aquatic
 life in which the water quality standards
 are
mete
 The mixing
 zones shall not intersect any area of any
such waters
 in such a manner that the maintenance of aquatic
life in the body of water
 as
 a whole would be adversely
affected, nor shall
 any mixing zone contain more than 25
of
 the cross-sectional area and/or volume of flow ot
 a
stream.
 For contaminants other
than
those for which
numerical standards have been established,
 the 9ô-hour
TLm
 for
 indigenous
 fish
 or
 essential
 fishfood
 organisms,
whichever
 is
 more
 stringent,
 shall
 not
 be
 exceeded
 at
 any
po:int
 in the mixing
 zone.
 (mean
 tolerance
 level
 (TLm)
 is
the
 concentration
 at
 which
 there
 is
 a
 50
 mortality
 rate
to bioassay test organisms)
Amend Rule
 203(h)
 as
 follows:
(h)
 Any
 .substanee-texie-te-aqttet~
 e-iife-s:all-net-exeeed
one-tenth--of-the-48-hour-iedian-te1era~ee-iimit-f48-
hr~-TL-fer--nati-fish-er~es~entiai
 --fish-?eod-ergan-
isms;
 For
 contaminants
 other
 than
 those
 for
 which
numerical
 standards
 have
 been
 established,
 one-tenth
of
 the
 96-hr
 ilm
 ~rn
 indigeiwu
 ~irri
or
 essential
 fish
food
 organisms,
 whichever
 is
 more
 stringent,
 shall
 not
be
 exceeded.
 (mean
 tolerance
 level
 (TLm)
 is
 the
 concen-
tration
 ~t
 which
 there
 is
 .30
 mortality
 rate
 to
 bioassay
test
 organisms)
Amend
 Rule
 205
 as
 foi1oi~s~
(h)
 For
 contaminants
 other
 than
 those
 for
 which
 numerical
standards
 have
 been
 established,
 one-tenth
 of
 the
 96-
hr.
 TLm
 for
 indigenous
 fish
 or
 essential
 fishfood
 organ-
isms,
 whichever
 is
 more
 stringent,
 shall
 not
 be
 exceeded,
(mean
 tolerance
 level
 (TLm)
 is
 the
 concentration
 at
 which
there
 is
 50
 mortality
 rate
 to
 bioassay
 test
 organisms)
During
 the hearings,
 the
 USEPA
 position
 on
 phosphorus
 (P)
 was
clarified.
 Exhibit
 91,
 a
letter
 with
 enclosures from Adamkus to
Lawton
 dated
 April
 13,
 1973
 established
 Federal
 policy:
11
 --294
-5-
“during this current revision period, we iiill require
only those phosphorus
 amendments defined in the hearing
statement of Mr.
 Potos of my staff before the Boa±don
March 28, 1973,
 that is 0.2 mg/l as total P for free
flowing streams
and
0.05 mg/l as total P for lakes exclu-
sive of Lake Michigan as a goal to be met in 1983.
 In Lake
Michigan,
 the present Illinois water quality standard is
adequate to protect against a culturally accelerated
trophic state.”
The letter goes on to urge the adoption of the Federal phosphorus
requirement.
Age icy Role
The
Agency
made it clear from the outset that it
 supported, generally, the suggestions made by the USEPA with
the exception of the proposed phosphorus standard in Rule 203(c).
The
Agency
reminded the Board that it, the Board, had considered
a stream standard for phosphorus during the 1971 and 1972 Water
Pollution hearings and had concluded that there was no need for
such a standard.
 In addition the Agency during the hearing on
R73-l felt that there was no new evidence that would support the
need for a phosphorus standard
 CR. 3/27 p. 8-10).
 Therefore,
the bulk of the affirmative testimony, especially in the area
of phosphorus, was presented by USEPA witnesses.
Findings of the Pollution Control Board
A rule by rule discussion of the proposed amendments follows:
1.
 Rule 104 Definitions
The proposal was to delete the definition of Restricted Use
Water.
 This particular
 amendment along with amendments to Rule
205
and
302 proposed by the Agency were:
“intended to bring Illinois standards into as close con-
formance with Federal policy as is possible.
 First, it
is proposed that the designation “restricted use” be
replaced with the niore specific and descriptive designa-
tion of “secondary contact
and
 indigenous aquatic life
use”.
 The Rule 104 definition of restricted use, which
states that these waters are “not protected for aquatic
life”, is eliminated.
 These waters presently do support
indigenous aquatic life and the variety and numbers of
the aquatic population will increase as presently required
upgrading takes place.
 The new classification more accurately
points out the beneficial uses of secondary contact and
certain aquatic populations for which these waters are
expected to be utilized.”
 (Ex.
 1 p.
 11)
11-fl6
-6-
We support the position of the Agency and adopt this amendment.
2.
 Rule 201(b)
This proposed amendment qualifies more precisely the maximum
size of mixing
 zones
 in relation to the receiving stream and also
sets toxicity limits within the mixing zones.
 Much testimony
concerned both the proposed 25
 maximum extent
 and the 96-hr.
TLm toxicity limit,
One major problem
 is what happens
 in low dilution receiving
waters.
 The proposed rule “nor shall
 any mixing
 zone contain
more than 25
 of
the
cross-sectional area and/or volume of flow
of
 a stream”;
 on
 a flow basis seems
 to
 set
 a lower dilution ratio
between receiving stream and discharge of
 3:1.
 It
 is obvious,
based on testimony from the Metropolitan Sanitary District of Greater
Chicago
 (MSD)
 and
 others
 that
 many
 discharges
 are
 to
 intermittent
streams
 or streams having dilution ratios lower than
 3:1.
 For
example the North Side Plant of
 the MSD discharges
 400 MGD to the
North Channel where the dilution during 1971-1972 was never 3:1
(R.
 3/30 p.
 8,9).
 On the cross-sectional area requirement,
 the
North Channel
 is only 38 feet wide and the MSD “could not conceive
of
 a physical structure that would give us
 this mixing of this
tremendous volume
 in this short
 a span.”
 (R.
 3/31 p.
 47).
 The
USEPA requirement for
 a 25
 maximum mixing
 zone
 is based
 on
recommendations
 of
 the National Technical Advisory Committee as
contained
in
 a report called Water Quality Criteria,
 1968 also
known
 as the Green Book
 (R.
 3/30 p.
 101).
 However,
 a revised
water quality criteria document prepared by the National Academy
of Science
 is being published by the
USEPA.
 A
portion of the
final
 draft of this document, known
 as
 the Blue Book,
 entered into
the record
 as exhibit
 80,
 contains the following recommendations for
mixing
 zones
 and zones of passage
 (cx.
 80(a),
 p.
 19,
 21).
Recommendation
 (Mixing
 Zones)
“It
 is recommended that the total area or volume of a
receiving system assigned to mixing
 zones be limited to
that which will:
 (1) not interfere with biological
communities or populations
 of important species
 to
 a de-
gree
 which
 is
 damaging
 to
 the
 ecosystem;
 (2)
 not
diminish
 other
 beneficial
 uses
 disproportionately.
Recommendation (Zones of Passage)
“Because of varying
 local physical and chemical conditions
and biological phenomena no single-value recommendation can
be made on the percentage
 of river width necessary
 to allow
passage of critical free-swimming and drifting organisms
11—296
-7-
so
that negligible or no effects
 are produced on their
populations.
 As
 a guideline no more than.2/3 the width of
a water-body should be devoted
 to mixing
 zones.
 Thus
leaving at least
 1/3 free as
 a zone of passage’t.
The Board was thus faced with changing Federal guidelines
 as well
 as
problems
 in complying with the proposed amendment.
Ralph Evans
 of the Illinois State Water Survey had the
following thoughts about
 the proposed limits on mixing zones
(R.
 4/11 p.
 124):
“It is not reasonable to believe, however, that
 the
criteria for mixing zones developed
by
the National
Technical
 Advisory
 Committee
 in
 1968 and being con-
sidered today, was intended to create adequate
passageways where none exist naturally.
Under 7-day 10-year low flow stream conditions,
 the
only flow in many stream beds
 in Illinois will be
treated waste effluents.
 With these
 situations
 in
mind any amendment
 to Rule
 201(b)
 incorporating the
U.S.
 EPA requirements should be qualified.
 As
 a
suggestion the following is offered:
In addition to the
 above,
 (and this
 is the
wording
 of qualification to any amendment)
except
 in waters
where
by reason of low
flow or other conditions
 the migration and the
free movement of aquatic biota is not possible
in the absence
 of an effluent the mixing
zone shall be limited
 to
 assure adequate
passageways
 for the movement or drift of
aquatic biota.”
The Board believes that mixing
 zones should be limited
 as
much as possible to avoid circumventing the water quality
standards,
At the same time we understand
 the problems of dischargers
on low dilution streams.
 Therefore the Board sets
 a mixing
 zone
limit of 25
 on the cross-sectional area or volume of flow for
those discharges where
 the dilution ratio is 3:1 or greater.
Discharges
 to streams having less than 3:1 dilution,
 like everyone else,
already have to meet the applicable water quality standards outside
the mixing zone and thus these discharges
 to
low dilution streams
are required to meet
 a tighter effluent standard.
On the proposal to require
 a toxicity
limit
 of
 a
 96-hour
 TLm
(median tolerance limit) concentration in the mixing
zone,
 the Board
does not adopt
 this amendment.
 Dr.
 Brungs of the
National
 Water
Quality Laboratory testified as
 to the need for toxicity limits
within mixing zones because
 some aquatic organisms
 are attracted
11
 —297
-
 8-
to lethal conditions.
 (R~3/28
 p.
 103, 104)
 The Green Book, however,
does not include recommendations for TLm concentrations within
mixing
 zones
 (R.
 3/28 p~200,
 201).
 A mixing zone is
 an
opportunity
 for pollutants
 to
 disperse.
 It
 is
 a limited region
where pollution controlled by effluent regulations can disperse
to meet the water quality regulations.
 Setting toxicity limits
in mixing
 zones largely negates the purpose of
 a mixing
 zone and
a limit of
 a
 96--hour TLm may or may not be consistent with our
existing effluent and water quality regulations.
3.
 Rule 203(c)
The proposal was
 to set a phosphorus limit
 of 0.1 mg/l as
 P
on those waters of the state not already regulated.
 As mentioned
previously the USEPA
 clarified its requirements during the
hearings.
 Chris
 Potos’
 testimony of March 28 gives
 their
position
 (R.
 3/28 p.
 27-29).
“Although
 the U.S~Environmental Protection Agency
recognizes
 the need for
 a phosphorus water quality
standard now, because
 of the economics involved,
especially
 as
 it relates
 to future operating costs
and small
 communities, we will agree to the adoption
 of the standard defined below as
 a goal
 to be met
in 1983.”
and further:
tiCriteria
 equal
 to
 or
 more
 stringent
 than
 the
following
 Federal
 requirements
 are
 considered
consistent
 with
 the Federal requirements and as
such
 Federally
 approvable.
(1)
 Free flowing
 200 micrograms
streams
 per liter (0.2 mg/l)
(2)
 Stream at point
 50 micrograms
where
 it enters
 the
 per liter
 (0.05 mg/i)
lake or impoundment
(3)
 Reservoir or lake
 25 micrograms
per liter”
 (0.025 mg/i)
The Board already has regulations that meet or exceed the
requirements of
 (2) and also
 (3)
 for Lake Michigan.
 Based on the
1983 date for the proposed phosphorus
 standard,
 the Board will not
adopt
 the phosphorus proposal at
 this
 time.
11
 —298
-9-
The hearings did not convince the Board that
 a phosphorus
standard of 0.2 mg/i for streams
 is necessary.
 The reason
for establishing phosphorus
 limits
 is
 to prevent excess nutrient
 levels which can cause eutrophication or algal blooms.
 There
was question, however,
 of the correlation between phosphorus
levels
 and excess growths
 (R.
 4/li
 p.
 80)
 ;
 as most tests being
performed to assess the role of nutrients on eutrophication
have not isolated phosphorus
 as
 an independent variable
 (R,
 3/28,
p.
 273,
 274)
 in order to establish the~effectof
 a low phosphorus
level in the presence of other nutrients.
 There was also testimony
by the MSD and others that technology for phosphorus
 removal
 to the
proposed levels (approximately 98~removal)
 is not known
 to be
consistently possible
 (R.
 3/30
 p.
 207, 208),
 and
 is expensive due
to the costs for chemicals and sludge handling
 (R,
 4/il p.
 210).
In addition, the turbidity of most streams, caused by
silting, barge traffic, stormwater overflows,
 and poorly
treated effluents prevents the penetration of
 light into the
waters sufficiently to inhibit photosynthesis on most
waters of the State.
 The result as explained by Ralph Evans
is that studies of various streams show most phosphorus
concentrations exceeding 0.2 mg/i but an absence of nuisance
algal blooms so that
“it
 is our
 (State Water
 Survey) opinion that
 the water
quality of Illinois streams will not suffer from the
absence of regulations
 limiting phosphorus concentra-
tions
 in them.”
 (R.
 4/11 p.
 117-123)
4.
 Rule 203(h)
The proposed amendment would change the toxicity concentra-
tion from 1/10
 the
 48-hr. TLm to 1/10
 the 96-hr. TLm for
general use waters.
 This proposal at least during the hearings
did not generate much controversy other than Edison’s concern
with its application to thermal discharges.
 The basis
for the proposal
 is that toxicity information is often in terms
of 96-hour exposures and that this
 amendment further upgrades
the water quality.
 It
 also reflects past Agency pOlicy
 as
contained in TR2O-23.
 (R.
 3/27
 P.
 27)
 The USEPA in supporting
the change from
 a 48-hour TLm-to
 a 96-hr.
 TLm said that the change
“will result in
 a more meaningful number and also one that would,
with proper use, be more protective
 of aquatic life”
 (R.
 3/28
p.
 115).
 The MSD would not object to this amendment since
 the
96-hour TLm value
 is utilized in most toxicity work and most
application factors
 are based on 96-hr.
 TLm values.
11—299
-10-
The MSD and others, however, point out the vagueness
of this rule since “specifics
 as
 to procedures
 and methods
of determining TLm values
 are not given.
 In particular
values
 should be determined with native or indigenous
 test
organisms
 in a flow through test”
 (R,
 3/30 p.
 11).
 The problems
here is the word “indigenous”.
 Much of the Chicago waterway
system for example,
 is artificial,
 being constructed for the
purpose
 of moving sewage from the Lake Michigan Basin to the
Mississippi
 River.
 The indigenous
 aquatic organisms in these
waterways
 are pollution tolerant organisms.
 The USEPA, however,
defines
 indigenous
 as “those aquatic organisms that would normally
be present in an area based upon temperature
 and geography and
geophysics, whatever you have,
 and not based upon any polluted
conditions”
 (R.
 3/28 p.
 56).
The Board proposed,
 in
 a draft regulation published in News-
letter #75,
 to delete Rule 203(h)
 in its entirety, feeling that
 it
was possibly
vague
 and unconstitutional since no
contaminants
are listed by name or allowable concentration.
 The discharger
would not know what
was
 expected
 of
 him unless he
performed exhaus-
tive
 (and continuing)
 literature reviews,
 A great deal of
correspondence
 was
 then
 generated
 by
 the
 Board’s
 deletion
 proposal
for this
 Rule.
On November 26,
 1973 the Regional
Administrator of the U.S.
EPA
 stated
 that
 “the
 general toxicity limits within
the water
quality
 standard
 cannot
 be
 deemed
 unconstitutional.”
 The
 Board,
in
 a
 letter
 of
 December
 3,
 1973
 asked
 for
 citations
 of
 actual
court
 cases
 in
 which
 TLm
 provisions
 had
 been
 upheld
 on
 constitutional
grounds.
 A
 reply
 on
 December
 6.
 1973
 listed
 only
 16
 states
 of
the
 50
 as
 now
 having
 TLm
 standards
 and
 stated
 further
To
 our
 knowledge,
 since initiation
 of
the water quality standards program in
 1965,
 and considered on
 a national basis,
there
 has never been a court
 case involving
the constitutionality of any general toxicity
standard (emphasis
 added).
A December 19,
 1973 letter from the U.S.
 EPA Regional Counsel
discussed the vagueness argument and stated that
due process did
not require “absOlute advance and precise certainty” where there
was
 no
 right
 to
 use
 the
 waters
 of
 the
 State
 as
 the
 discharger
saw
 fit.
The
 Board,
 in
 this
 proceeding, retains
 Rule
 203(h)
 in
 its
old
 form,
 but
 retains
 strong
 doubts
 about
 its
vagueness.
 In
future
 proceedings,
 the
 Illinois
 EPA
 or
 the
 U.S.
 EPA
 should
put
 into
 a
 Board
 record
 the
 contaminants
 and
 their
 allowable
concentrations
 and
 the
 feasibility,
 both
 economic
 and
 technological
of
 meeting
 and
 measuring
 those
 levels.
 While we
 feel
 the record
is not sufficient
 to delete
Rule 203(h) we
 do not
feel
 it adequate
to
 delete
 the
 Rule
 or
 to
 substitute
 tables
 of
 substances
 and
concentrations
 gleaned
 from
 the
 “Green
 Book”
 (now
 6 years
 old)
or the “Blue
 Book”
 (still
 in
 the
 comment
 stage).
I
 1
 —
 300
-11-
The Board
therefore does not adopt the proposed amendment
and recognizes
 the problems of a discharger in attempting to
comply with the existing 203(h).
5.
 Rule 205
There were several proposed amendments within this rule.
The
Board adopts the change in tille to Secondary
Contact and Indigenous Aquatic Life Standards.
 The
factors in reaching this decision were covered previously
under
 item
 1.
Rule 205(c):
The Agency states
 in its proposal to raise the minimum
dissolved oxygen
 (DO) level to 4.0 mg/i that
“The present standard reflects actual existing
 conditions.
 The proposed standard represents the
dissolved oxygen levels which can reasonably be
anticipated
 to
 be
 maintained
 in
 these
 waters,
 once
the
 major
 upstream
 dischargers
 have
 complied
 with
the advanced treatment,
 nitrogen removal and storm
overflow requirements
 of the Regulations.
 Based
upon present technological limitations, the enormous
cos.t of the contemplated improvements necessary
 to
meet the proposed standard,
 the physical nature
of these specific bodies of water and the fact that
the flows in these bodies
 of water
 is almost entirely
treated effluent,
 the Agency does not believe
 that
 a
higher dissolved oxygen standard, could be proposed or
justified at this time.”
 (ex.
 1)
The MSD,
 the major discharger into these waters, supports
an increase in DO
 as long as
 the compliance
 date
 is delayed in
order for them to get their planned system improvements
 on
line.
 Specific items
 include nitrogen removal facilities,
 tertiary
treatment,
 storm overflow elimination, and instream aeration.
Because of the magnitude of these projects, the target completion
date
 is not until December 31,
 1977
 (ex.
 12).
The USEPA characterizes the proposed
 4 mg/i DO standard as
“minimal” since it would be partially lethal
 to fish larvae.
 They
recognize however, that for the types of water under consideration
“if they (aquatic life)
 get a DO
 of four,
 I imagine they might go
out and celebrate”,
 and further,
 “I would say it
 (a DO of 4.0 mg/i)
is
 a good interim minimal condition”
 (R.
 3/28
 p.
 183,
 194).
11—301
-12-
The Board adopts the proposed DO standard of 4.0 mg/i with
the compliance date of December 31, 1Q77, recognizing the close
connection between discharger improvements
and
water quality
for these particular waters of the state.
Rule 205(g):
 The Board does not adopt a phosphorus
standard for the reasons given under Item
 3.
Rule 205(h):
 The Board does not adopt a 1/10 of the
96-hr
TLm
regulation due to the uncertainties discussed
under Item 4.
6.
 Rule 301
The proposal to change the
term
“Restricted Use” to “Secondary
Contact and Indigenous Aquatic Life Use”
i5
adopted by the Board for
the reasons given in Item 1.
7.
 Rule 302
The title and
language
change
are adopted by the Board
for the reasons given in Item
 1.
 Another point here is that
contaminants not in excess of the water quality standards help
determine the existence of indigenous aquatic life.
 As discussed
previously, the USEPA would characterize “indigenous” as those
present if there were not contaminants.
8.
 Rule 303
The proposed language change is adopted by the Board for
the reasons given in Item 1.
9.
 Rule 921(d)
The Board adopted this proposal to delete Rule 921(d) on
June 28,
 1973.
 This adoption corrects a situation in which the
Regulations are creating a further delay in compliance with the
upgrading requirements of the Regulations.
 It should be noted
that revocation of 921(d) does not relieve dischargers of the
obligation of filing a Project Completion Schedule
 (PCS).
 This
is still specifically required by Rule 1002.
 The purpose of the
amendment is to eliminate the undesirable and unintended impediment
to the goal of eliminating pollution from the waters of Illinois.
11-302
ORDER
 OF
 THE BOARD_
 (Adopted January
 31,
 1974)
1.
 Rule 104 Definitions
Delete the definition of uRestricted Use~’
2,
 Rule
 201
 (b)
 shall be
amended
 as
 follows:
(b)
 In
 addition to the above for-water-designated
fer-aquatie-life-(General-Standards)~the mixing-zone
shall be
 so
 designed as
 to assure
 a reasonable
zone of
passage for aquatic life
 in which the water quality
standards are met,
 The mixing
 zones shall not intersect
any area of any
such waters
 in such
 a manner that
 the
maintenance of aquatic life in the body of water
 as
 a
whole would be adversely affected, ~
zone contain more than 25
 of the cross-sectional area
~umeo
 low ofastre am excet
 or t~oSestreams
w crc the
 ilution ratio is-less
 t
 an 3:1,
3.
 Rule 205 Restricted Use Standards
Change the title of this Rule
 to “Secondary Contact
and Indigenous Aquatic Life Standards” and insert “Secondary
Contact and Indigenous Aquatic Life” in place of
“Restricted Use” in the forewerd,
4,
 Rule
 205(c)
 shall be amended
 as follows:
(c)
 Dissolved oxygen
 (STORET number
-
 00300)
shall
 not be
 less than 3.0 mg/l during at least
 16
hours in any 24-hour period, nor less than 2,0 mg/l
at any time,
 and after December 31,
 1977 shall not
~essthan~
S.
 Rule 301 General Use Waters shall be amended
as
follows:
All waters of the State of Illinois are designated
for general use except those designated as Restricted-
Use-Waters;
 ~
Life
 Waters,
6.
 Rule
 302
 Restricted
 Use
 Waters
 shall
 be
 amended
 as
 follows:
302
 Restricted-Use-Waters
Wat e~
~ecapa~e
~
the
 physical
 conti
 urati
 on
 ci
 the
 body
 ci
 water
cnaracter~sticsand origin of the water and the
~
 exceed
~eappiicalestanars.~eo~owingareesignate
~e~tri~-ese-waters-~arontactann1enous
~fe
 Waters:
11
 ~-3O3
-14-
7.
 Rule 303 Public and Food Processing Water Supply shall be
amended
 as
 follows:
A.
 All waters of Illinois
 are designated for Public
and Food Processing Water Supply use except those designated
as Restrieted-FJse-Waters,
 Secondary Contact and Indigenous
Aquatic Life Waters,
 and except for the following.
(a)
 The Chicago River;
(b)
 The Little Calumet
 River.
(T
 IS SO ORDERED.
I,
 Christan
 L.
 Moffett,
 Clerk
 of the Illinois Pollution
 C ~trol
Board, hereby certify the
 above Opinion was adopted on the
 /
 ‘~
day of February,
 1974 by
 a vote of
 s’..
p
I,
 Christan L. Moffett, Clerk of the Illinois Pollution Control
Board, he;eby certify the above
 Order was adopted on
the
 Qf’~
day of January, 1974 by a vote of
____________________
Christan
 L. Moffett,
 rk
Illinois Pollution
 o
 rol Board
11
 —304