ILLINOIS POLLUTION CONTROL BOARD
September 17, 1998
IN THE MATTER OF:
PETITION OF THE CITY OF
BELLEVILLE FOR AN ADJUSTED
STANDARD FROM 35 ILL. ADM. CODE
306.305
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AS 99-1
(Adjusted Standard - Water)
ORDER OF THE BOARD (by G.T. Girard):
On July 20, 1998, the City of Belleville (Belleville) filed a request for an adjusted
standard. On August 6, 1998, the Board directed Belleville to file an amended petition. On
September 2, 1998, Belleville filed a motion to amend the petition. The Board denies the
motion to amend the petition at this time. The amended petition has not adequately addressed
the informational requirements of 35 Ill. Adm. Code 106.705.
Specifically, the amended petition is insufficient in that Section 106.705(f) requires the
petitioner to provide a narrative description of the proposed adjusted standard as well as the
proposed language for the Board order which would impose the adjusted standard. While the
information provided in the amended petition is sufficient for crafting the language for a Board
order, it is not in the form of the proposed Board order imposing the adjusted standard.
Belleville is directed to provide the actual language for the Board order to avoid any ambiguity
regarding the requested relief.
Also, Section 106.705(h) requires the petitioner to provide an explanation as to how it
seeks to justify the proposed adjusted standard pursuant to the applicable level of justification.
The petitioner must justify the adjusted standard in accordance with the requirements of
Section 28.1 (c)(1) through (c)(4) of the Act, since the regulation of general applicability does
not specify the level of justification. Section 28.1(c) of the Act requires a petitioner seeking an
adjusted standard to prove that:
1. factors relating to that petitioner are substantially and significantly different from the
factors relied upon by the Board in adopting the general regulation applicable to that
petitioner;
2. the existence of those factors justifies an adjusted standard;
3. the requested standard will not result in environmental or health effects substantially
and significantly more adverse than the effects considered by the Board in adopting
the rule of general applicability; and
4. the adjusted standard is consistent with any applicable federal law.
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The information provided by Belleville does not address three of the four factors listed above.
Specifically, the information provided under paragraph (3)(a) of the amended petition does not
address the issue of how the factors relating to the petitioner are substantially and significantly
different from those considered by the Board in adopting 35 Ill. Adm. Code 306.305. Further, the
petitioner has not explained how the existence of such factors justify the proposed adjusted
standard.
At paragraph (3)(b) of the amended petition, Belleville has provided information concerning
the safety measures that would be taken if a chlorine disinfection system is installed at its 88th
Street lift station. However, the granting of the requested relief would eliminate the need for such a
disinfection system. In light of this, Belleville must explain how the requested relief,
i.e.
allowing
the excess wet weather discharge from the swirl contractor without disinfection would not result in
environmental or health effects substantially and significantly more adverse than the effects
considered by the Board in adopting the rule of general applicability.
As the amended petition is not adequate, the Board denies the motion to amend the petition
and directs Belleville to file another amended petition by October 1, 1998.
IT IS SO ORDERED.
Board Member K.M. Hennessey abstained.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above order was adopted on the 17th day of September 1998 by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
