Section 302.211  Temperature

a)         Temperature has STORET number (Fº) 00011 and (Cº) 00010.

b)         There shall be no abnormal temperature changes that may adversely affect aquatic life unless caused by natural conditions.

c)         The normal daily and seasonal temperature fluctuations which existed before the addition of heat due to other than natural causes shall be maintained.

d)         The maximum temperature rise above natural temperatures shall not exceed 2.8~ C (5º F).

e)         In addition, the water temperature at representative locations in the main river shall not exceed the maximum limits in the following table during more than one percent of the hours in the 12-month period ending with any month.  Morever, at no time shall the water temperature at such locations exceed the maximum limit in the following table by more than 1.7º C (3º F).

f)          The owner or operator of a source of heated effluent which discharges 150 megawatts (0.5 billion British thermal units per hour) or more shall demonstrate in a hearing before this Pollution Control Board Board not less than 5 nor more than 6 years after the effective date of these regulations or, in the case of new sources, after the commencement of operation, that discharges from that source have not caused and cannot be reasonably expected to cause significant ecological damage to the receiving waters.  If such proof is not made to the satisfaction of the Board appropriate corrective measures shall be ordered to be taken within a reasonable time as determined by the Board.

g)         Permits for heated effluent discharges, whether issued by the Board or Illinois Environmental (Agency), shall be subject to revision in the event that reasonable future development creates a need for reallocation of the assimilative capacity of the receiving stream as defined in the regulation above.

h)         The owner or operator of a source of heated effluent shall maintain such records and conduct such studies of the effluents from such sources and of their effects as may be required by the Agency or in any permit granted under the Illinois Environmental Protection Act (Act).

i)          Appropriate corrective measures will be required if, upon complaint filed in accordance with Board rules, it is found at any time that any heated effluent causes significant ecological damage to the receiving stream.

j)          All effluents to an artificial cooling lake must comply with the applicable provisions of the thermal water quality standards as set forth in this Section and 35 Ill. Adm. Code 303, except when all of the following requirements are met:

1)         All discharges from the artificial cooling lake to other waters of the State comply with the applicable provisions of subsections (b) through (e).

2)         The heated effluent discharged to the artificial cooling lake complies with all other applicable provisions of this Chapter, except subsections (b) through (e).

3)         At an adjudicative hearing the discharger shall satisfactorily demonstrate to the Board that the artificial cooling lake receiving the heated effluent will be environmentally acceptable, and within the intent of the Act, including, but not limited to:

A)        provision of conditions capable of supporting shellfish, fish and wildlife, and recreational uses consistent with good management practices, and

B)        control of the thermal component of the discharger's effluent by a technologically feasible and economically reasonable method.

4)         The required showing in subsection (j)(3) may take the form of an acceptable final environmental impact statement or pertinent provisions of evironmental assessments used in the preparation of the final environmental impact statement, or may take the form of showing pursuant to Section 316(a) of the Clean Water Act (CWA)(33 U.S.C. 1251 et seq.), which addresses the requirements of subsection (j)(3).

5)         If an adequate showing as provided in subsection (j)(3) is found, the Board shall promulgate specific thermal standards to be applied to the discharge to that artificial cooling lake.

(Source:  Amended in R88-1 at 13 Ill. Reg. 5998, effective April 18, 1989)