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NIPC BULLETIN
JUNE 15, 1998

NIPC SEEKS PUBLIC INPUT ON IEPA PROPOSED MODIFICATIONS TO FACILITY PLANNING AREA BOUNDARIES AND THE FACILITY PLANNING AREA BOUNDARY AMENDMENT PROCESS

Beginning in 1995, the Illinois Environmental Protection Agency (IEPA) has been reviewing current Illinois Administrative Rules regarding amendments to the Illinois Water Quality Management Plan. Under current Part 351 rules and NIPC's contract with the IEPA, the Commission has developed and executed its review of these amendment requests.

Utilizing input from a "work group" of areawide planning agencies and representatives from municipal officials, private utilities, the Illinois Association of Water Reclamation Districts and the Consulting Engineers Council of Illinois, the IEPA has developed a set of preliminary recommendations that greatly modifies the current process.

On May 4, 1998, the IEPA announced its intentions to pursue the following changes through the annual update to the Continuous Planning Process and the Water Quality Management Plan:

  • The IEPA will no longer review or approve FPA boundaries.
  • The Agency will continue to require project plans from units of local government requesting financial assistance through the SRF revolving loan program.

The IEPA has stated its intention to immediately begin the transition to watershed management planning as the tool for addressing water quality concerns for both point and nonpoint source planing. Revision to the Illinois Water Quality Management Plan will be presented at a public hearing, tentatively scheduled for July 22, 1998.

The Commission seeks your input and/or support from our constituency regarding the proposed IEPA procedural changes and regarding the proposed shift to watershed based planning. The Commission's Water Resources Committee will discuss the issue further and formulate Commission comments at a 9:00 A.M., Tuesday, July 7, 1998 meeting in our offices. All comments and input are welcome and encouraged.

What the IEPA proposes:

  • To eliminate the facility planning area (FPA) review process.

What does the IEPA want to accomplish by this action?

1. Removal of the IEPA from boundary, land use, agricultural preservation and no-growth intergovernmental and interagency conflicts.

2. To end the use of Ill. Administrative code "conflict resolution" procedures, and court appeals.

How would this change the current water quality amendment review process?

1. The IEPA would no longer review or require IEPA approval of FPA boundaries. Extension of service areas would be accomplished by obtaining necessary construction and/or National Pollutant Discharge Elimination System (NPDES) permits.

2. Project plans would be required from entities seeking financial assistance through the IEPA's revolving loan fund. Project plans would have to describe the area the proposed facility would serve.

3. IEPA would attempt to identify potential conflicts between service areas, but would make no attempt to resolve such conflicts as part of the loan approval process.

How does the IEPA propose to make these changes?

1. By announcing and presenting them as part of the draft Fiscal Year 1999 Water Pollution Control Program Plan at public hearings scheduled for July 1998.

2. By making all necessary revisions to impacted Illinois Administrative Code rules following close of the public hearing/comment period.

How long does IEPA estimate the process will take?

  • The IEPA estimates that it will take approximately one (1) year

Is the IEPA proposing any replacement water quality planning process?

1. The IEPA proposes to begin a transition to watershed management planning as the tool for addressing water quality concerns for both point source and nonpoint planning.

How will watershed planning work in Illinois?

1. No structure or planning program has been identified to date.

What has been and are NIPC's objectives for water quality planning?

In March 1997, the Full Commission, as part of their review of preliminary IEPA proposed modifications, identified the key objectives of the Commission's participation and review procedures - those things that the Commission has attempted to accomplish through this process. Three objectives were identified.

1. Improvement and/or maintenance of regional water quality;

2. Increased intergovernmental & public/private cooperation and use of agreements as part of conflict resolution; and

3. Increased support for and concurrence between municipal, county, and regional land use plans and objectives.

What has NIPC recommended in response to earlier IEPA modification proposals?

The Commission recommended that the Illinois Environmental Protection Agency maintain current facility planning and amendment process for all submittals with anticipated regional impacts as defined below:

a. Any action involving a facility planning area change of 100 or more acres; this includes those that impact one hundred acres or more of the Agricultural Preservation Area identified in the "Strategic Plan for Land Resource Management"; and,

b. Any action involving a new facility, or, expansion of a facility by 0.25 mgd. or 10 percent or more.

YOUR INPUT IS NEEDED

The Water Resources Committee of the Northeastern Illinois Planning Commission is soliciting the input and/or support of northeastern Illinois counties, local governments, sanitary districts, and utility company for the following.

1. Replacement process that addresses the need for:

  • maintenance of a modified and streamlined review process with an emphasis on actions of regional impact;
  • IEPA maintenance of funds to finance continued areawide agency comments;
  • maintenance of a mechanism for local resolution of water quality management conflicts;
  • protection of existing investments in wastewater treatment facilities; and,
  • notification of affected management agencies

2. Establishment and implementation of a watershed planning program with the following components.

Basic Elements:

  • Governmental Involvement
  • Stakeholder involvement (both point and non-point source, public and private)
  • Repeating 5-year management cycle
  • Monitoring and Maintenance Program
  • Maximum use of the development and implementation of "total maximum daily loads" (TMDL) to manage water quality on a watershed scale

Basic activities:

  • Inventory of watershed resources and conditions (data collection)
  • Assessment of watershed conditions and problems
  • Development of watershed specific goals, objectives, and strategies
  • Priority ranking and resource targeting system
  • Development of Management Strategies - Best Management Practices (BMPs) for watershed problem remediation and prevention
  • Development of an effective watershed specific action/ implementation plan
  • Implementation and monitoring of plan actions

3. Mechanisms for securing the involvement and participation of wastewater agencies, utilities, and the private sector in a watershed based planning program.

For further information contact:

Deborah L. Washington
Director:  Project Review
Northeastern Illinois Planning Commission
222 South Riverside Plaza, Suite 1800
312/454-0400 Fax: 312/454-0411