415 ILCS 5/28.3
2021 Illinois Compiled Statutes|Chapter 415 - ENVIRONMENTAL SAFETY|415 ILCS 5/ - Environmental Protection Act.|Title VII - Regulations

 (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;(2) Citations to any final enforcement actions     against the petitioner and any variances granted to the petitioner where compliance has not been achieved;(3) A description of the proposed alternative control     strategy and the discharge limitations associated with said alternative strategy; and(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.(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.)