ILLINOIS POLLUTION CONTROL BOARD
March 6, 2003
IN THE MATTER OF:
PETITION OF EXELON GENERATION
COMPANY FOR AN ADJUSTED
STANDARD FROM 35 ILL. ADM. CODE
302.208
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AS 03-1
(NPDES Adjusted Standard)
ORDER OF THE BOARD (by N.J. Melas):
On December 19, 2002, Exelon Generation Company (Exelon) filed a petition with the
Board for an adjusted standard from 35 Ill. Adm. Code 302.208(g) (Pet.). On February 6, 2003,
the Board found the Exelon petition deficient in some respects and ordered Exelon to file an
amended petition including additional information in support of their request. Exelon filed the
amended petition, providing all of the requested information, on February 18, 2003. Along with
the amended petition, Exelon filed a motion to file the amended petition without having to refile
the feasibility study it included as an attachment to the original petition.
Exelon seeks relief for discharges from its Services and Training Center (STC) located
south of Braidwood in Will County. The discharge includes domestic and cafeteria waste
streams, as well as pollution control waste produced in the electrodialysis reversal (EDR)
process used to treat the brackish groundwater to potable standards. Exelon waives its
opportunity for a hearing.
The STC discharges into a small drainage ditch tributary to Horse Creek, about 3.5 miles
upstream of the confluence of Horse Creek with the Kankakee River. Exelon’s National
Pollutant Discharge Elimination System (NPDES) permit (No. IL006300) limits total dissolved
solids (TDS) in STC’s discharge to 1000 mg/L. This limit, which is based on the Board’s
general use water quality standard for TDS (35 Ill. Adm. Code 302.208(g)), will become
effective March 30, 2003. Exelon seeks a limit of 1900 mg/L TDS for discharges from its STC.
According to the petition, Exelon’s effluent exceeds the prospective TDS limits due to the high
concentrations of TDS in the groundwater Exelon uses to provide water for the STC. Pet. at 3, 4.
Section 28.1 of the Environmental Protection Act (Act) (415 ILCS 5/28.1 (2002)) and 35 Ill.
Adm. Code 104.408 require that notice of an adjusted standard proceeding be published in a
newspaper of general circulation in the area affected by the petitioner's activity. The notice must
be published within 14 days of filing a petition for an adjusted standard with the Board.
See
35
Ill. Adm. Code 104.408(a). As required by 35 Ill. Adm. Code 104.410, Exelon filed a certificate
of publication with the Board on March 5, 2003, indicating that notice of the petition was
published in the
Herald News
and the
Braidwood Journal
on February 26, 2003. The Board
finds that the notice meets the requirements of the Act and the Board’s procedural rules.
The Board found in the February 6, 2003 order that the notice satisfied the requirements
of Section 28.1 of the Act (415 ILCS 5/28.1 (2002)) and 35 Ill. Adm. Code 104.408 and
104.410.
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The Board finds that the amended petition satisfies the information sufficiency
requirements of 35 Ill. Adm. Code 104.406, 104.426 and 720.131(c). The Board also grants
Exelon’s motion to file the amended petition without having to refile the feasibility study and
incorporates the study as Attachment 1 as requested by Exelon.
Pursuant to Board procedural rules, the Environmental Protection Agency must file its
recommendation with the Board within 45 days after the filing of the amended petition, or by
April 4, 2003. 35 Ill. Adm. Code 104.416(a).
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on March 6, 2003, by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board