Current through Register Vol. 48, No. 38, September 20, 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.
g) Scope
1)
The scope of each treatment works project defined within the facilities plan as
being required for implementation of the plan, and for which State or federal
assistance will be requested, shall define:
A) Any necessary new treatment works
construction; and
B) Any
rehabilitation work determined by the sewer system evaluation to be necessary
for the elimination of excessive infiltration/inflow. However, rehabilitation
that should be a part of the grantee's normal operation and maintenance
responsibilities shall not be included within the scope of a Step 3 treatment
works project.
2) Grant
assistance for a Step 3 project segment consisting of rehabilitation work may
be awarded concurrently with Step 2 work for the design of the new treatment
works construction.
h)
Grant assistance for Step 2 or 3 may be awarded prior to approval of a
facilities plan for the entire geographic area to be served by the complete
waste treatment system of which the proposed treatment works will be an
integral part if the Agency determines that: applicable minimum requirements
provided in subsections (f)(3) and (f)(4)(A), (D), and (G) have been met; the
facilities planning relevant to the proposed Step 2 or 3 project has been
substantially completed; and the Step 2 or 3 project for which grant assistance
is made will not be significantly affected by the completion of the facilities
plan and will be a component part of the complete system provided that the
applicant agrees to complete the facilities plan on a schedule that shall be
inserted as a special condition of this grant offer.
