1. CONCLUSION

ILLINOIS POLLUTION CONTROL BOARD
December 7, 2006
IN THE MATTER OF:
PROPOSED EXTENSION OF ADJUSTED
STANDARD APPLICABLE TO ILLINOIS-
AMERICAN WATER COMPANY’S ALTON
PUBLIC WATER SUPPLY FACILITY
DISCHARGE TO THE MISSISSIPPI RIVER
UNDER 35 ILL. ADM. CODE 304.124,
304.106, AND 302.203
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AS 07-2
(Adjusted Standard - Land)
ORDER OF THE BOARD (by N.J. Melas):
Illinois-American Water Company (Illinois-American) seeks an extension of an existing
adjusted standard applicable to Illinois-American’s public water supply treatment facility in
Alton, Illinois (Alton facility).
In re
Petition of Illinois-American Water Company's Alton
Public Water Supply Replacement Facility Discharge to the Mississippi River for Adjusted
Standard From 35 Ill. Adm. Code 304.124, 304.106, and 302.203, AS 99-6 (Oct. 19, 2000).
Petition of Illinois-American, AS 99-6, scheduled to expire on October 16, 2007, provides that
the effluent standards for offensive discharges, total suspended solids (TSS), and total iron do not
apply to the discharges from the Alton facility.
See
35 Ill. Adm. Code 304.106, 304.124. Also
pursuant to Petition of Illinois-American, AS 99-6, the general use water quality standard for
offensive discharges shall not apply to a one-mile stretch of the Mississippi River that receives
effluent from the Alton facility and is immediately downstream from the Alton facility’s
discharge.
See
35 Ill. Adm. Code 304.203.
Illinois-American petitioned the Board for AS 99-6 so that it could implement a sediment
reduction project in the Piasa Creek watershed (Piasa Creek Watershed Project). Illinois-
American states the project was expected to reduce soil loading into the Mississippi River by two
tons for every ton of solids in the Alton facility’s effluent. In granting the petition, the Board
required Illinois-American to assess the effectiveness of the project at the five-year mark
(October, 2005), and imposed a seven-year sunset provision in case the project failed to meet
expectations. Illinois-American states that the project has already achieved its goal, saving 6,600
tons of soil, four years ahead of schedule. In fact, states Illinois-American, the project has won
awards and exceeded its goals in reducing total iron loading from the Piasa Creek watershed.
For these reasons, in this petition Illinois-American asks the Board to extend the current adjusted
standard indefinitely.
Along with the petition for an adjusted standard, Illinois-American also filed a motion to
incorporate by reference both the petition for adjusted standard and a site-specific impact study
filed in Petition of Illinois-American, AS 99-6. For the reasons set forth below, the Board grants
Illinois-American’s motion to incorporate.

 
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Illinois-American states that this petition for an extension of Petition of Illinois-
American, AS 99-6 relies on much of the same information contained in the Petition of Illinois-
American, AS 99-6 petition. The Petition of Illinois-American, AS 99-6 petition will likely be
useful to the Board, therefore, to provide supplemental information regarding the issues
discussed in the petition for an extension. According to Illinois-American, the site-specific
impact study contains information regarding the environmental impact, technical feasibility, and
economic reasonableness of the potential alternatives to treat discharges from the Alton facility.
The impact study also discussed whether the petition satisfies state and federal requirements and
addressed Agency concerns about the facility. Illinois-American contends that the impact study
is relevant to this proceeding as evidenced by several affidavits submitted along with this petition
that state conditions of the Mississippi River near the Alton facility have not changed
significantly since the impact study was prepared in 1999.
The Board grants Illinois-American’s motion and incorporates by reference the petition
for adjusted standard and site-specific impact study filed in Petition of Illinois-American, AS 99-
6 into this petition. 35 Ill. Adm. Code 101.306(a). Illinois-American has filed both documents
electronically.
Section 28.1(d)(1) of the Environmental Protection Act (Act) (415 ILCS 5/28.1 (2004))
and Section 104.408(a) of the Board’s procedural rules (35 Ill. Adm. Code 104.408(a)) require
the petitioner to publish notice of the petition for an adjusted standard by advertisement in a
newspaper of general circulation in the area likely to be affected by the proposed adjusted
standard. Under those provisions, publication must take place within 14 days after the petition is
filed, or the Board is without jurisdiction to hear the petition.
See, e.g., In re
Petition of SCA
Tissue North America, L.L.C. for an Adjusted Standard from 35 Ill. Adm. Code 218.301 and
218.302(c), AS 05-1 (Jan. 6, 2005). Within 30 days after filing the petition, petitioner must file a
certificate of publication with the Board.
See
35 Ill. Adm. Code 104.410.
Illinois-American filed a certificate of publication on November 29, 2006, documenting
that the required notice of the petition was provided in
The Telegraph
, published in Alton,
Madison County, from November 4, 2006 through November 7, 2006. The Board finds that
Illinois-American has met the notice requirements of the Act and the Board’s procedural rules.
Illinois-American waives its opportunity to have a hearing on this petition. The Board
will review the petition to identify whether it contains all of the necessary information. Whether
the Board will nevertheless order a hearing depends on several factors, including whether the
Board identifies informational deficiencies and, if so, Illinois-American’s response to any
deficiencies the Board may identify. Also, if a member of the public timely files a hearing
request, the Board will hold a hearing.
See
415 ILCS 5/28.1(d)(2) (2004); 35 Ill. Adm. Code
104.420(a).
CONCLUSION
The Board finds that Illinois-American Water Company (Illinois-American) has satisfied
the jurisdictional requirement of providing newspaper notice of its petition for an adjusted
standard. The Board also grants Illinois-American’s motion and will incorporate by reference

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both the petition for adjusted standard and site-specific impact study filed in Petition of Illinois-
American, AS 99-6.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on December 7, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board

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