ILLINOIS
REGISTER
cc*
POLLUTION
CONTROL BOARD
NOTICE OF
ADOPTED AMENDMENTS
1)
Heading
of the
Part: Water
Use Designations
and
Site
Specific Water Quality
Standards
RECEIVED
CLERK’S
OFFICE
2)
Code Citation: 35 Iii. Adm. Code 303
AUG
242009
3)
Section Numbers:
Adopted Action:
STATE
OF
ILLINOIS
303
.447
New Section
Pollution
Control
Board
303.448
New Section
4)
Statutory Authority: Implementing
Section 10 and authorized
by Sections 27 and 28
of
the
Environmental
Protection Act [415 ILCS
5/10, 27 and 28].
AU
112009
5)
Effective
Date of Amendments:
6)
Does this
rulemaking
contain an automatic
repeal date? No
7)
Do these amendments contain incorporations
by reference? No
8)
The adopted amendments,
on file in the Board’s Chicago
office at the James R.
Thompson Center, 100 W. Randolph,
Suite 11-500 and are available for
public
inspection.
9)
Notice of Proposal Published
in Illinois Register:
March
6,
2009;
33
Ill.
Reg. 3898
10)
Has JCAR issued
a Statement of Objections to these amendments?
No
11)
Differences between
proposal and final version:
Inserted into the
Table of Contents:
“303 .446
Boron Water
Quality Standard for Segments of
the Sangamon River
and
the Illinois River”
Inserted at the end of the main source
note:
“amended in
R09-8 at 33 Iii. Reg. 7903, effective May
29, 2009.”
IECWEQ
AUS
11
2009
ILLINOIS REGISTER
POLLUTION
CONTROL
BOARD
NOTICE OF ADOPTED AMENDMENTS
12)
Have all the changes agreed upon by the agency and JCAR been made as indicated in
the agreements
letter issued
by
JCAR?
Yes
13)
Will these amendments replace emergency amendments
currently
in effect? No
14)
Are there any amendments pending on this Part?
15)
Summary and Purpose of Amendments: For a more detailed discussion of these
amendments, see the Board’s August 6, 2009, opinion and order in docket R09-l1.
jjy
of
Galva
Site
Specific Water Quality Standard for Boron Discharges
to
Edwards
River
and Mud Creek
(35
Ill. Adm. Code 303.447 and 303.448
(R09-11).
The City of Galva
(Galva)
proposed site-specific amendments to allow alternative boron standards for
discharges from both of its Sewage Treatment Plants (STP5). The proposal seeks to
establish a 3.0
milligram per liter (mgfL) alternative boron standard to the generally
applicable 1.0 mg/L boron water quality standard in 35 Ill. Adm. Code. 302.208(g). The
alternative standard for boron would apply to certain segments of an unnamed tributary
to the South Branch of the Edwards River, the South Branch of the Edwards River, and
the
Mud Creek Run. These segments receive discharges from the two Sewage
Treatment Plants (STPs) operated by
Galva. Galva
states that the source of the boron in
its
STP discharge is the groundwater from aquifers that supply Galva’s drinking water.
Galva states that the requested relief from this
standard
is necessary to ensure that it
does
not violate any relevant regulation or appropriate permit condition. 35 Ill. Adm.
Code 303
.447
contains certain exemptions that
are only applicable
to
boron
standards in
discharges from the Northeast STP into the South Branch Edwards River, and its
Southwest
STP
discharges into Mud
Run
Creek.
According
to
Galva, compliance
with
the Agency effluent standard for boron would be cost prohibitive for a rural community
without the resources to deal with these costs.
16)
Information
and
questions regarding
these
adopted
amendments
shall be directed to:
Marie Tipsord
Illinois Pollution Control Board
100 W. Randolph 11-500
Chicago, IL 60601
312-814-4925
Copies
of the Board’s
opinions
and orders
may
be requested from the Clerk of the
Board
at the
address listed in
#8 above
or
by calling
312/814-3620. Please refer
to the Docket
number R09-1 1 in your request. The Board order is also available from the Board’s Web
site
(www.ipcb.state.il.us)
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED AMENDMENTS
The full text of the Adopted Amendments
begins
on the
next
page:
ILLINOIS
REGISTER
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED
AMENDMENTS
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE C: WATER
POLLUTION
CHAPTER
I:
POLLUTION CONTROL BOARD
PART 303
WATER USE
DESIGNATIONS AND SITE-SPECIFIC WATER QUALITY STANDARDS
SUBPART A: GENERAL
PROVISIONS
Section
303.100
Scope and Applicability
303.10 1
Multiple Designations
303.102
Rulemaking Required
SUBPART B: NONSPECIFIC
WATER USE DESIGNATIONS
Section
303.200
Scope and Applicability
303.20 1
General Use Waters
303.202
Public and Food
Processing Water Supplies
303.203
Underground Waters
303.204
Secondary
Contact and Indigenous Aquatic Life Waters
303.205
Outstanding Resource Waters
303.206
List of
Outstanding Resource Waters
SUBPART C:
SPECIFIC USE DESINGATIONS DESIGNATIONS AND SITE
SPECIFIC WATER QUALITY
STANDARDS
Section
303.300
Scope and Applicability
303.301
Organization
303.311
Ohio River Temperature
303.312
Waters
Receiving Fluorspar Mine Drainage
303.321
Wabash River Temperature
303.3
22
Unnamed Tributary of the
Vermilion River
303.323
Sugar Creek
and
Its Unnamed Tributary
303.326
Unnamed Tributary of Salt Creek,
Salt
Creek, and
Little Wabash River
303.33
1
Mississippi
River North
Temperature
303.34 1
Mississippi River North Central Temperature
303.35
1
Mississippi River South
Central Temperature
303.3
52
Unnamed Tributary of
Wood
River
Creek
303.353
Schoenberger
Creek;
Unnamed Tributary of Cahokia Canal
303.361
Mississippi River South Temperature
ILLINOIS
REGISTER
POLLUTION CONTROL BOARD
NOTICE
OF ADOPTED
AMENDMENTS
303.400
Bankline Disposal Along the Illinois Waterway/River
303 .430
Unnamed Tributary to Dutch Creek
303.431
Long Point Slough and Its Unnamed Tributary
303.441
Secondary Contact Waters
303 .442
Waters Not Designated for Public Water Supply
303.443
Lake Michigan Basin
303 .444
Salt Creek, Higgins Creek, West Branch of the DuPage River, Des Plaines
River
303 .445
Total Dissolved Solids Water
Quality Standard for the Lower Des Plaines River
303 .446
Boron Water Quality Standard for Segments of the
Sangamon
River
and the
Illinois
River
303 .447
Unnamed Tributary of the South Branch Edwards River
and South Branch
Edwards River
303
.448
Mud Run Creek
SUBPART D: THERMAL DISCHARGES
Section
303.500
Scope and Applicability
303.501
303.502
Lake Sangchris Thermal
Discharges
303 .APPENDIX A
References to Previous Rules
303
.APPENDIX B
Sources of Codified
Sections
AUTHORITY: Implementing Section 13 and authorized
by Sections 11(b) and 27 of the
Environmental Protection Act [415 ILCS 5/13, 11(b) and 27].
SOURCE: Filed with the Secretary of State January 1, 1978; amended at 2 Ill. Reg. 27,
p.
221,
effective July 5, 1978; amended
at
3 Ill. Reg. 20,
p.
95,
effective
May 17, 1979; amended at 5
Ill. Reg. 11592,
effective
October 19, 1981; codified at 6 Ill. Reg. 7818; amended at
6
Ill.
Reg.
11161, effective September
7,
1982; amended
at 7 Ill.
Reg.
8111,
effective
June 23, 1983;
amended in R87-27 at 12 Iii. Reg. 9917, effective May 27, 1988; amended in R87-2 at 13
Ill.
Reg.
15649, effective September
22, 1989;
amended
in R87-36 at 14 Ill. Reg. 9460, effective
May 31, 1990; amended in R86-14 at 14 Ill. Reg. 20724, effective December
18, 1990;
amended in
R89-14(C)
at 16 Ill. Reg.
14684,
effective September 10, 1992; amended in R92-17
at 18 Ill. Reg. 2981, effective February 14, 1994; amended
in R91-23 at 18 Ill. Reg. 13457,
effective August 19, 1994; amended in R93-13
at
19 Iii. Reg. 1310, effective January
30, 1995;
amended
in R95-14 at 20 Ill.
Reg.
3534, effective
February 8, 1996; amended in R97-25 at 22
Ill. Reg. 1403,
effective
December 24, 1997; amended in R01-13 at 26 Ill. Reg.
3517, effective
February 22, 2002; amended
in R03-1 1
at 28
Ill. Reg. 3071,
effective
February 4, 2004;
amended in
R06-24
at
31111.
Reg. 4440, effective February 27, 2007; amended in R09-8 at
33
Ill. Reg. 7903 effective May 29,
2009;
amended
in
R09-1
1 at 33 Ill. Reg.
effective
ILLINOIS REGISTER
POLLUTION CONTROL
BOARD
NOTICE OF ADOPTED AMENDMENTS
SUBPART C: SPECIFIC USE DESIGNATIONS AND SITE SPECIFIC WATER
QUALITY STANDARDS
Section
303.447 Unnamed
Tributary
of the South Branch Edwards River and South
Branch Edwards River
The
general
use
water
quality
standard for boron at 35 Ill. Adm. Code 302.208(g) does not
apply to the waters of the State that are located from the
point
of
discharge
of the publicly
owned
treatment works located at 523 NE 9th Street in Galva, known
as
the Galva Northeast
Sewage Treatment Plant, to an unnamed tributary of the South Branch of the Edwards River
(the
discharge
point being located in Henry County, Township 14 North, Range 4 East.
occupying
portions
of Sections 21, 26, 27, 28, 33, 34,
and
35 in the Fourth Principal Meridian.
Latitude N
41.175°, Longitude: W
90.035°)
to the confluence of unnamed tributary with the
South Branch Edwards
River:
to the confluence
with the Edwards
River. Boron
levels
in these
waters must
meet a water quality standard for boron of 3.0 mg/L.
(Source:
Added at 33 Ill. Reg.
. effective
Section
303.448 Mud Run Creek
The
general use water quality standard for boron set forth at 35 Ill. Adm. Code 302.208(g) does
not apply to the
waters of the
State
that
are
located from the point of discharge of the publicly
owned treatment works located at ½mile South of the Burlington Northern Santa Fe Railroad
and SW 4th Street
in Galva,
known as the
Galva Southwest Sewage Treatment Plant,
to
Mud
Run
Creek
(the point
is located in Henry County,
Township
14 North, Range 4 East, occupying
portions of
Sections 21, 26,
27, 28, 33.
34 and
35 of
the Fourth Principal Meridian, Latitude:
N
41.154°, Longitude W.
90.053°)
to the confluence of Mud Run Creek with Walnut Creek.
Boron levels in these
waters
must meet a
water quality standard for
boron
of
3.0
mgfL.
(Source: Added at 33 Iii. Req.
. effective