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Illinois Compiled Statutes
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ENVIRONMENTAL SAFETY (415 ILCS 5/) Environmental Protection Act. 415 ILCS 5/28.3
(415 ILCS 5/28.3) (from Ch. 111 1/2, par. 1028.3)
Sec. 28.3.
(a) Utilizing the provisions of Section 28.1 and this
Section alternative requirements may be established by the Board in an
adjusted standards proceeding for the direct discharge of waste solids to
the Mississippi or Ohio Rivers from clarifier sludge and filter backwash
generated in the water purification process. Any public water supply
utilizing the Mississippi or Ohio Rivers as its raw water source may
initiate such a proceeding provided that its waste solids are generated as
described herein and it does not utilize lime softening in the purification
process. An adjusted standard granted by the Board in an adjusted standard
proceeding shall be based upon water quality effects, actual and potential
stream uses, and economic considerations, including those of the discharger
and those affected by the discharge.
(b) No later than January 1, 1991, the public water supply shall make a
declaration regarding the intent to pursue an adjusted standard and
assemble and submit to the Agency any background information in its
possession relevant to current discharge practices. The Agency, after a
review of its files and the submittal, shall request such further
information as it deems necessary for its initial determination. The
Agency shall promptly notify the public water supply in writing of any
discretionary determination that it will not agree with pursuit of an
adjusted standard and shall indicate the basis for such determination.
Such basis may include but not be limited to a judgment that the
information submitted is insufficient,
that due to the nature of the discharge an adjusted standard would be
environmentally unsound, or that a specific alternative control strategy
being considered by the supply is infeasible from either an engineering or
pollutant removal standpoint. If the supply and the Agency agree on
alternative controls, an adjusted standard proceeding before the Board
shall be commenced by the supply by filing jointly with the Agency a
petition. If the Agency has declined to agree with an alternate control
strategy or if the supply declines to accept an Agency proposal, the supply
may commence singly an adjusted standard proceeding before the Board.
(c) If the public water supply and the Agency jointly file an adjusted
standard petition, justifications shall be included in the petition.
Justification based upon discharge impact shall include, as a minimum, an
evaluation of receiving stream ratios, known stream uses, accessibility to
stream and side land use activities (residential, commercial, agricultural,
industrial, recreational), frequency and extent of discharges, inspections
of unnatural bottom deposits, odors, unnatural floating material or color,
stream morphology and results of stream chemical analyses. Where minimal
impact cannot be established, justification shall also include evaluations
of stream sediment analyses, biological surveys (including habitat
assessment), and thorough stream chemical analyses that
may include but are not limited to analysis of parameters regulated in 35
Ill. Adm. Code 302. Except as otherwise provided in this Section, the
petitioner shall adhere to the general procedural rules for adjusted
standards petitions as adopted by the Board. If the petitioner files
singly, justification shall include all components identified as applicable
to instances where minimal impact cannot be established.
(d) Any petition submitted pursuant to this Section shall include the
following:
(1) A written statement, signed by the petitioners or | | their authorized representatives, outlining the scope of the evaluation, the nature of, the reasons for, and the basis for the justification for the adjusted standard;
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(2) Citations to any final enforcement actions
| | against the petitioner and any variances granted to the petitioner where compliance has not been achieved;
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(3) A description of the proposed alternative control
| | strategy and the discharge limitations associated with said alternative strategy; and
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(4) A compliance schedule and effective date for
| | attainment of the adjusted standard. No petition for an adjusted standard filed under this Section shall be accepted by the Board after January 1, 1992.
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(e) The Board shall give notice of the petition and shall schedule a
hearing in accordance with 35 Ill. Adm. Code 103. The proceedings shall be
in accordance with 35 Ill. Adm. Code 103.
(f) In considering the proposed petition and the hearing record, the Board
shall take into account the factors contained in subsection (a) of Section
27 of this Act. The Board shall issue and enter a written opinion stating
the facts and reasons leading to its decision within 120 days after the
filing of the petition. The Board shall issue and enter such orders
concerning a petition for an adjusted standard as are appropriate for the
reasons stated in its written opinion. Such decisions may include but are
not limited to decisions accepting or rejecting the petition, directing
that hearings be held to develop further information or to cure any
procedural defects, or remanding the petition to the petitioners with
suggested revisions. The Board shall also include a compliance schedule
for construction of any treatment works, discharge outfall facilities or
operational controls that may be required as a result of its final order.
(g) Application of otherwise applicable discharge limitations to
discharges subject to this Section shall be held in abeyance pending Board
action for those petitioners pursuing an adjusted standard as long as they
have adhered to the filing times in this Section and are making timely and
appropriate progress in seeking an adjusted standard. Petitioners must
take all reasonable steps to minimize discharge quantities and adverse
environmental impacts for the interim operating period during pursuit of an
adjusted standard. In no instances shall interim operating procedures be
relaxed from previously demonstrated and generally attainable performance
levels.
(Source: P.A. 86-1363.)
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415 ILCS 5/28.4
(415 ILCS 5/28.4) (from Ch 111 1/2, par. 1028.4)
Sec. 28.4.
(Repealed).
(Source: P.A. 87-1213. Repealed internally, eff. 12-31-97.)
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