Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 360 - GENERAL CONDITIONS OF STATE OF ILLINOIS GRANTS FOR SEWAGE TREATMENT WORKS UNDER THE ANTI-POLLUTION BOND ACT OF 1970 › Subpart B - REQUIREMENTS APPLICABLE TO APPLICATIONS FOR GRANTS › Section 360.203 - Facilities Planning

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				grantee shall undertake and complete facilities planning that shall consist of
				plans and studies that are directly related to the construction of publicly
				owned treatment works to comply with the provisions of the Environmental
				Protection Act [ 415 ILCS 5 ] and regulations adopted under the Act or Sections
				301 and 302 of the Federal Water Pollution Control Act (
				33 USC 1311
				and
				1312
				) and regulations adopted under that Act, whichever are more stringent. The
				grantee shall demonstrate to the satisfaction of the Agency through those plans
				and studies the need for those facilities and, by a systematic evaluation of
				feasible alternatives, shall also demonstrate that the proposed measures
				represent the most cost-effective means of meeting applicable effluent
				limitations and water quality standards and goals, recognizing environmental
				and social conditions.
b) If the
				information required to be furnished as part of a facilities plan has been
				developed separately, it should be furnished and incorporated by reference in
				the facilities plan. Planning previously or collaterally accomplished under
				local, State or federal programs will be utilized (not duplicated).
c) The completed facilities plan must be
				submitted by the grantee and approved by the Agency. When deficiencies in a
				facilities plan are discovered, the Agency shall promptly notify the grantee in
				writing of the nature of those deficiencies and of the recommended course of
				action to correct them. Approval of a plan of study or a facilities plan will
				not constitute an obligation of the State of Illinois or the Agency for any
				Step 2, Step 3, or combination Steps 2 and 3 project.
d) A facilities plan submitted for approval
				shall include adopted resolutions or, when applicable, executed agreements of
				the implementing governmental units or management agencies providing for
				acceptance of the plan, or assurances that it will be carried out, and
				statements of legal authority necessary for plan implementation.
e) A facilities plan may include more than
				one Step 3 project and provide the basis for several subsequent Step 2, Step
				2-3, or Step 3 projects. A facilities plan that has served as the basis for the
				award of a grant for a Step 2, Step 2-3, or Step 3 project shall be reviewed
				prior to the award of any grant for a subsequent project involving Step 2 or
				Step 3 to determine if substantial changes have occurred. If, in the judgment
				of the Agency, substantial changes have occurred that warrant revision or
				amendment, the plan shall be revised or amended and submitted for review in the
				same manner specified in subsection (c).
f) Facilities planning must be in accordance
				with the following requirements and such other requirements as may be
				determined to be appropriate by the Agency. The facilities plan shall include:
1) A description of the treatment works for
				which construction drawings and specifications are to be prepared. This
				description shall include preliminary engineering data, cost estimates for
				design and construction of the treatment works, and a schedule for completion
				of design and construction. The preliminary engineering data may include, to
				the extent appropriate, information such as a schematic flow diagram, unit
				processes, design data regarding detention times, flow rates, sizing of units,
				etc.
2) A description of the
				selected complete waste treatment system of which the proposed treatment works
				is a part. The description shall cover all elements of the system, from the
				service area and collection sewers, through treatment, to the ultimate
				discharge of treated wastewaters and disposal of sludge.
3) Infiltration/inflow documentation in
				accordance with Section
				360.202.
4) A cost-effective analysis of alternatives
				for the treatment works and for the waste treatment system of which the
				treatment works is a part. The selection of the system and choice of the
				treatment works on which construction drawings and specifications are to be
				based shall reflect the cost-effectiveness analysis. This analysis shall
				include:
A) The relationship of the size and
				capacity of alternative works to the needs to be served, including reserve
				capacity;
B) An evaluation of
				alternative flow and waste reduction measures;
C) An evaluation of improved effluent quality
				attainable by upgrading the operation and maintenance and efficiency of
				existing facilities as an alternative or supplement to construction of new
				facilities;
D) An evaluation of the
				capability of each alternative to meet applicable effluent limitations. The
				treatment works design must be based upon meeting the effluent limitations of
				the Environmental Protection Act [ 415 ILCS 5 ] and regulations adopted under
				the Act or Sections 301 and 302 of the Federal Water Pollution Control Act (
				33 USC 1311
				and
				1312
				) and regulations adopted under that Act, whichever are more
				stringent;
E) An identification of
				and provision for applying the best practicable waste treatment technology
				(BPWTT), as defined by the United States Environmental Protection Agency, based
				upon an evaluation of technologies included under each of the following waste
				treatment management techniques:
i) Biological
				or physical-chemical treatment and discharge to receiving waters;
ii) Treatment and reuse; and
iii) Land application techniques;
F) Provisions for attaining water
				quality standards, which shall consider the alternative of treating combined
				sewer overflows, if applicable;
G)
				An evaluation of the alternative means by which ultimate disposal can be
				effected for treated wastewater and for sludge materials resulting from the
				treatment process, and a determination of the means chosen;
H) An adequate assessment of the expected
				environmental impact of alternatives including sites consistent with the
				requirements of the National Environmental Policy Act of 1969 (
				42 USC
				4321 et seq.). This assessment shall be
				revised as necessary to include information developed during subsequent project
				steps.
5) An
				identification of effluent discharge limitations, or when a permit has been
				issued, a copy of the permit for the proposed treatment works as required by
				the National Pollutant Discharge Elimination System.
6) Required comments or approvals of relevant
				State, interstate, regional, and local agencies.
7) A brief summary of any public meeting or
				hearing held during the planning process including a summary of the views
				expressed. As applicable, public participation in the facilities planning
				process shall be consistent with 40 CFR 25. One or more public hearings or
				meetings shall be held within the area to obtain public advice at the beginning
				of the planning process. All governmental agencies and other parties that are
				known to be concerned or may have an interest in the plan shall be invited to
				participate.
8) A brief statement
				demonstrating that the authorities that will be implementing the plan have the
				necessary legal, financial, institutional and managerial resources available to
				insure the construction, operation, and maintenance of the proposed treatment
				works.
9) As applicable, public
				participation in the facilities planning process shall be consistent with 40
				CFR 105. One or more public hearings or meetings shall be held within the area
				to obtain public advice at the beginning of the planning process. All
				governmental agencies and other parties which are known to be concerned or may
				have an interest in the plan shall be invited to participate. As a minimum, the
				following shall be required:
A) A public
				hearing shall be held prior to the adoption of the facilities plan by the
				implementing governmental units. This public hearing for the facilities plan
				may satisfy the hearing requirement of (f)(4)(g) above. The Agency may require
				the grantee to hold additional public hearings, if needed, to more fully
				discuss the plan and alternatives or to afford concerned interests adequate
				opportunity to express their views.
B) The time and place of the public hearing
				shall be conspicuously and adequately announced, generally at least 30 days in
				advance. In addition, a description of the water quality problems and the
				principal alternatives considered in the planning process shall be displayed at
				a convenient local site sufficiently prior to the hearing (approximately 15
				days); and
C) Appropriate local and
				state agencies; state and regional clearinghouses, interested environmental
				groups and appropriate local public officials should receive written notice of
				public hearings.