Section 373.204  Sufficient Isolation Requirements

The applicant shall show that the facility is sufficiently isolated so that combining with other sources to aggregate 2,500 P.E. or more if applying per Section 373.103(a), or more than 5,000 P.E. if applying per Section 373.103(b) or (c), is not practical. ]

a)         If the facility is not located in a designated facilities planning area the facility will be considered isolated.

b)         If the facility is located in a designated facilities planning area which has less than the allowable total wastewater load, it will be considered isolated.  If load forecasts suggest that the P.E. limit will be met within the design life of the facility, the lagoon exemption will be granted for only a fixed period of time.  At each permit renewal, the condition shall be reevaluated based on actual load increases.

c)         If the facility is located in a designated facilities planning area with more than the allowable total wastewater load, the exemption shall be denied unless one or more of the following conditions are met:

1)         The facility is a permanent feature of an approved facilities plan for the area.

2)         The facility is an interim feature of an approved facilities plan, in which case the exemption shall be granted with termination conditions as provided for in the plan.

3)         The facility was not addressed in an approved facilities plan, and all units of government which might be considered capable of providing service have indicated in writing their inability to do so on equitable terms.

4)         There is no completed and approved facilities plan for the area and the discharge is not located within the area of zoning control of any municipality or within any sewer district or any other unit of government capable of providing sewer service.  In this case, the isolation criteria shall be satisfied on an interim basis pending completion and approval of the facilities plan for the area.  In such instances, a lagoon exemption may be issued  for a specified time period, subject to review and extension or termination after approval of the completed facility plan.

(Source:  Amended at 12 Ill. Reg. 3472, effective January 22, 1988)