ILLINOIS POLLUTION CONTROL BOARD
    May 15, 1997
    IN THE MATTER OF:
    THE GALESBURG SANITARY DISTRICT
    PETITION FOR AN ADJUSTED
    STANDARD FROM 35 ILL. ADM. CODE
    304.105
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    AS 94-20
    (Adjusted Standard - Water)
    ORDER OF THE BOARD (by J. Yi):
    On March 11, 1997, Galesburg Sanitary District (District) filed a motion to amend
    requested relief. On March 19, 1997, the Illinois Environmental Protection Agency (Agency)
    filed a motion to strike Galesburg Sanitary District’s motion to amend requested relief. On
    April 1, 1997, the District filed a response to the motion to strike and a motion to file
    instanter. The Board grants the motion to file instanter and accepts the District’s response.
    In its motion the District contends that it is necessary to alter the requested relief for
    two reasons. First, the District notes that it has already obtained a construction permit that
    was part of the original conditions of the requested adjusted standard. Second, the District
    makes this request to reflect the revised ammonia nitrogen rules adopted by the Board on
    December 19, 1996 in R94-1(B), In the Matter of: Triennial Water Quality Review.
    As a result of these changes, the District makes three modifications to the relief
    requested: 1) the District deletes the condition requiring it to obtain a permit to construct a
    digester supernatant treatment system since the District has already obtained a permit; 2) it
    modifies the monthly average discharge of ammonia for the time period after the digester
    equipment has been installed from 1.9 mg/L to 2.2 mg/L to reflect changes in the water quality
    standard as adopted in R94-1(B) from which the effluent level is derived; and 3) it changes the
    introductory paragraph to reflect the amendments from R94-1(B). Specifically, the District's
    introductory paragraph sought relief from 35 Ill. Adm. Code 304.105 generally as it applied to
    ammonia nitrogen. The District's March 11, 1997 request for an adjusted standard amends the
    previous request to reflect that it seeks an adjusted standard from Section 304.105 as it applies
    to 35 Ill. Adm. Code 312.212, as recently amended in R94-1(B), which now sets forth the
    ammonia nitrogen water quality standards.
    The Agency maintains that the District’s motion should be struck as untimely. The
    Agency contends that the Board’s procedural rules only allow for the amendment of a petition
    for adjusted standard prior to the close of a hearing. (35 Ill. Adm. Code 106.715.) Hearings
    on this matter were completed on September 8, 1995. The Agency maintains that the Board
    should strike the motion to amend the requested relief because the District has indicated
    throughout these proceedings that the amendments of R94-1(B) were irrelevant in this
    proceeding.
    2
    The Agency maintains that all of the evidence and data presented, discussed, briefed
    and argued in this proceeding was based on the requested relief from the ammonia nitrogen
    water quality standards as adopted in 1982. The Agency contends that if the District wishes to
    seek relief from the ammonia standards as amended in R94-1(B), it should withdraw this
    petition and file a new petition based on the new ammonia standards. The Agency also
    contends that the Board could dismiss this petition as deficient and frivolous pursuant to 35 Ill.
    Adm. Code 106.902. The Agency maintains that the petition as filed no longer complies with
    the requirements of 35 Ill. Adm. Code 106.705.
    The Agency also maintains that since Galesburg filed its request to amend the relief as a
    motion instead of an amended petition, the Agency was only allowed seven days to respond to
    the motion instead of the 30 days allowed for a response to an amended petition. If the Board
    does not grant the Agency’s motion to strike, the Agency requests 30 days to respond to the
    substantive issues in the motion.
    In response to the Agency's motion, the District contends that the Agency improperly
    characterizes its motion to amend requested relief as an amended petition. The District asserts
    that the motion is more in the nature of a comment on the impact of the adoption of the revised
    ammonia rules. In addition, the District maintains that since the motion is not an amended
    petition it is not untimely nor is it necessary for the Agency to be granted an extended time
    period to respond to the motion. The District asserts that it has always sought relief from the
    current rules and since the rules have changed it is necessary that the relief change
    accordingly. The District observes that it would be absurd for the Board to grant relief from
    rules which are no longer applicable. The District contends that requiring the filing of a new
    petition in this matter would result in further delay and additional expense.
    The Board denies the Agency’s motion to strike the District’s motion to amend
    requested relief. The Board is compelled by the unusual circumstances created by the
    relationship between this adjusted standard petition and the amendments to the ammonia water
    quality standards in R94-1(B). Although R94-1(B) does not amend Section 304.105 which
    prohibits the exceedence of any water quality standard, it does amend Section 302.212 which
    sets forth the ammonia nitrogen water quality standard. The District is requesting to exceed
    the ammonia nitrogen water quality standard by this adjusted standard petition. Since the
    District is seeking relief from Section 304.105 so that it may exceed the ammonia nitrogen
    water quality standard, the amendments of the ammonia nitrogen water quality standard in
    R94-1(B) should be reflected in the proposed adjusted standard language.
    The amendments in R94-1(B) were filed in February of 1994 and adopted by the Board
    in December of 1996. The rulemaking was pending throughout this adjusted standard
    proceeding and the record in the adjusted standard makes numerous references to the pending
    rulemaking and its relationship to the petition. The amendments in R94-1(B) changed the
    ammonia nitrogen water quality regulations applicable to the District. The changes requested
    by the District are in response to those amendments. An adjusted standard can only be granted
    to a party from a regulation which is applicable to that party. Similarly, the conditions of an
    adjusted standard should reflect the regulations applicable to the party.
    3
    The Board finds that the amended relief requested by the District is not substantially
    different from its previous request. The District's modified relief is still requesting an adjusted
    standard from Section 304.105 as it applies to the ammonia nitrogen concentrations in its
    discharge. These modifications were requested to reflect changes in circumstances over time
    and changes due to amendments to the applicable regulations.
    The Board finds no compelling reason not to consider the amended relief requested by
    the District. Ultimately, in reviewing the record in this matter, the Board will consider
    whether the record supports granting of the relief as amended by the District’s motion.
    The Board grants the Agency’s request for additional time to respond to the substantive
    issues raised by the motion to amend requested relief. The Board grants the Agency until June
    13, 1997 to file a response to the District’s request for alternate relief.
    IT IS SO ORDERED.
    Board Member K. Hennessey abstained.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 15th day of May, 1997, by a vote of 5-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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