reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 403 - NPDES PERMITS › Section 403.100 - Preamble

Current through Register Vol. 48, No. 28, July 12, 2024
a) Part 403 governs
			 mining activities and permit issuance for NPDES permit holders and persons
			 required to obtain an NPDES permit for a facility.
b) Under 35 Ill. Adm. Code
			 404.102,
			 facilities operating under an NPDES permit need not obtain a State permit so
			 long as the Agency administers the NPDES permit program.
c) Under 35 Ill. Adm. Code 404.102, Part 404
			 does not apply to NPDES permit holders.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 403 - NPDES PERMITS › Section 403.101 - Incorporation of NPDES Water Rules

Current through Register Vol. 48, No. 28, July 12, 2024
Except for 35 Ill. Adm. Code
				309.154,
				35 Ill. Adm. Code 309.Subpart A applies to NPDES permits required by Subtitle
				D. In the event of a conflict between Subtitle D and 35 Ill. Adm. Code
				309.Subpart A, Subtitle D applies to mine related facilities.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 403 - NPDES PERMITS › Section 403.102 - NPDES Permits Required of Certain Dischargers

Current through Register Vol. 48, No. 28, July 12, 2024
The discharge of contaminants or pollutants by any person into
				the waters of the State from a point source or into a well is unlawful, except
				when complying with provisions of the Act, Board regulations, the FWPCA ( 32
				USC 1251 et seq.), and the provisions and conditions of the discharger's NPDES
				permit.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 403 - NPDES PERMITS › Section 403.103 - Application

Current through Register Vol. 48, No. 28, July 12, 2024
a) A person
			 required to obtain an NPDES permit must file an application complying with 35
			 Ill. Adm. Code
			 405.104 on
			 forms provided by the Agency.
b) A
			 person who holds an NPDES permit or who submits an NPDES permit application for
			 a facility need not apply for a State permit unless the Agency notifies that
			 person that a State permit is required.
c) Application for a renewed or modified
			 NPDES permit is governed by the rules on NPDES applications.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 403 - NPDES PERMITS › Section 403.104 - Construction Authorization

Current through Register Vol. 48, No. 28, July 12, 2024
a) If
			 an NPDES permit is required to prepare land for mining activities or construct
			 a mine related facility, a person must, before preparing land or constructing a
			 facility:
1) Hold an NPDES permit including a
			 condition authorizing the permit holder to prepare land or construct a
			 facility; or
2) Hold a construction
			 permit under 35 Ill. Adm. Code
			 404.101
			 to prepare land or construct a facility.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 403 - NPDES PERMITS › Appendix A - References to Previous Rules

Current through Register Vol. 48, No. 28, July 12, 2024
The following table is provided to correlate previous Board
				rule numbers with current Illinois Administrative Code Section numbers.
Chapter 4, Mine Related Pollution
Part III, NPDES Permits
35 Ill. Admin. Code Part 403
Rule 300
Section
						  403.100
Rule 301
Section
						  403.101
Rule 302
Section
						  403.102
Rule 303
Section
						  403.103
Rule 304
Section
						  403.104
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 404 - STATE PERMITS › Section 404.101 - Construction and Operating Permits: State Permits

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as provided in 35 Ill. Adm. Code
			 404.102
			 and
			 404.103,
			 a person must obtain:
1) A construction permit
			 before preparing land for mining activities or constructing a mine related
			 facility that could generate refuse, result in a discharge, or potentially
			 cause water pollution; and
2) An
			 operating permit before carrying out mining activities.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 404 - STATE PERMITS › Section 404.102 - Exemption from State Permit: NPDES Holder

Current through Register Vol. 48, No. 28, July 12, 2024
a) A permittee who holds an NPDES permit for
			 a facility need not have a State permit for that facility.
b) This exemption is inapplicable if the
			 Agency ceases to administer the NPDES permit program. If this occurs, the
			 Agency must notify permittees that State permits are required and must
			 determine deadlines, of at least 45 days after notification, by which the
			 Agency must receive State permit applications.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 404 - STATE PERMITS › Section 404.103 - Exemption from State Permit: Coal Piles and Small Mines

Current through Register Vol. 48, No. 28, July 12, 2024
a) Unless the Agency determines that the
			 facility will cause or threaten water pollution or violate applicable
			 regulations, the following facilities need not obtain State permits:
1) Domestic retail sales yards;
2) Consumer stockpiles located at the
			 consuming facility, including power plants and steel mills; or
3) Any facility where mining occurs that
			 affects less than ten acres of land per year and does not include a coal,
			 fluorspar, lead or zinc mine related facility.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 404 - STATE PERMITS › Section 404.105 - Permit Application: Signatures and Authorizations Required

Current through Register Vol. 48, No. 28, July 12, 2024
a) If submitted by
			 a corporation, the permit application must be signed by a principal executive
			 officer of at least the level of vice president or his or her duly authorized
			 representative, if the representative is responsible for the overall operation
			 of the facility where the discharge originates.
b) If submitted by a partnership or a sole
			 proprietorship, the permit application must be signed by a general partner or
			 the proprietor, respectively.
c)
			 For all other persons, the permit application must be signed by either a
			 principal executive officer, ranking elected official, or other duly authorized
			 employee.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 404 - STATE PERMITS › Section 404.106 - Permit Applications: Registered or Certified Mail or Hand Delivery Required

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
			 State permit applications must be mailed or delivered to the appropriate
			 address designated by the Agency. Any application or revised application sent
			 by mail must be sent by registered or certified mail, return receipt
			 requested.
b) Any application or
			 revised application hand delivered to the Agency must be delivered to an
			 authorized employee of the Agency's permit section or the Agency's Mine
			 Pollution Control Program, and the authorized employee must provide the
			 applicant with a delivery receipt.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 404 - STATE PERMITS › Section 404.107 - Supplemental State Permits

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
			 permittee may apply for a new or supplemental State permit whenever there could
			 be a violation of its previous permit or in other appropriate
			 circumstances.
b) Applications for
			 new or supplemental State permits are subject to the rules on applications in
			 general.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 404 - STATE PERMITS › Section 404.108 - Violation of Conditions and Standards in a Permit

Current through Register Vol. 48, No. 28, July 12, 2024
a) A permittee must not violate the
			 conditions and standards contained in its State permit.
b) In addition to other sanctions under the
			 Act and Subtitle D, the Board may revoke a State permit in appropriate
			 circumstances, including the following:
1)
			 Due to existing geological conditions, an operator cannot carry out mining
			 activities without causing a violation of the Act or Subtitle D;
2) A permittee's history of chronic disregard
			 for the Act or Board regulations;
3) Obtaining a permit by misrepresentation or
			 failure to disclose all relevant facts; or
4) Other circumstances in which it is
			 affirmatively shown that the general standard for permit issuance under 35 Ill.
			 Adm. Code
			 405.102
			 would not be met if the permittee submitted a new permit application.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 404 - STATE PERMITS › Section 404.111 - Permit Review

Current through Register Vol. 48, No. 28, July 12, 2024
a) If
			 the Agency fails to notify the applicant within 30 days after filing an
			 application that the application is incomplete and the reason the Agency deems
			 it incomplete, the application will be deemed to have been filed on the date of
			 the purported filing. The applicant may treat the Agency's notification that an
			 application is incomplete as a denial of the application for purposes of
			 review.
b) If the Agency fails to
			 take final action by granting or denying the permit as requested or modifying
			 it with conditions within 90 days after the filing of the application, the
			 applicant may deem the permit granted for a one year period beginning on the
			 91st day after the application was filed.
c) If the Agency notifies an applicant that a
			 permit application is incomplete or inadequate, modifies any condition or term
			 of a State permit, or revokes an existing permit, it is considered a permit
			 denial for purposes of appealing the Agency's decision to the Board under
			 Section 40 of the Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 404 - STATE PERMITS › Appendix A - References to Previous Rules

Current through Register Vol. 48, No. 28, July 12, 2024
The following table is provided to correlate previous Board
				rule numbers with current Illinois Administrative Code Section numbers.
Chapter 4, Mine Related Pollution
Part IV, State Permits
35 Ill. Admin. Code Part 404
Rule 400
Section
						  404.100
Rule 401
Section
						  404.101
Rule 402
Section
						  404.102
Rule 403
Section
						  404.103
Rule 404
Section
						  404.104
Rule 405
Section
						  404.105
Rule 406
Section
						  404.106
Rule 407
Section
						  404.107
Rule 408
Section
						  404.108
Rule 409
Section
						  404.109
Rule 410
Section
						  404.110
Rule 411
Section
						  404.111
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 405 - STATE AND NPDES PERMITS › Section 405.101 - Special Conditions

Current through Register Vol. 48, No. 28, July 12, 2024
In addition to the standards and conditions required by this
				Subtitle D, the Agency may, in granting permits, impose conditions necessary to
				accomplish the purposes of the Act that are not inconsistent with Subtitle D.
				All NPDES permits must contain terms and conditions, including schedules of
				compliance, which may be required to accomplish the purposes and provisions of
				the Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 405 - STATE AND NPDES PERMITS › Section 405.102 - Standard for Permit Issuance or Certification

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency will issue or certify a permit
			 if the operator submits adequate proof that the mine related facilities and
			 mining activities will be constructed, prepared and operated without causing a
			 violation of the Act or Subtitle D.
b) The Agency may issue an experimental
			 permit under 35 Ill. Adm. Code
			 405.107
			 despite subsection (a).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 405 - STATE AND NPDES PERMITS › Section 405.103 - Permit Modification When New Regulations Are Adopted

Current through Register Vol. 48, No. 28, July 12, 2024
If the Board adopts new regulations affecting the terms and
				conditions of a permit that is in effect, the Agency may issue a new, modified,
				or supplemental permit including terms and conditions reflecting the new
				regulations.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 405 - STATE AND NPDES PERMITS › Section 405.104 - Permit Applications

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Plans, reports, specifications and application forms submitted to the Agency as
			 part of a State or NPDES permit application must be certified by a registered
			 professional engineer when required by the Illinois Professional Engineering
			 Act [ 225 ILCS 325 ].
b) An
			 application for a State or NPDES permit must include:
1) The location and the maximum extent of the
			 affected land during the term of the requested permit;
2) Activities on the affected land to prepare
			 the site for mining activities, including all earth moving, grading activities,
			 construction and any other preparatory activity;
3) Measures to be taken to avoid violating
			 the Act and Subtitle D;
4) The
			 location of all streams, creeks, bodies of water, and aquifers that receive
			 drainage from the affected land;
5)
			 The location of all private water supplies on or within one mile of the
			 affected land;
6) The name, type
			 and location of all public water supplies within ten miles of the affected
			 land;
7) Plans for surface drainage
			 control under Section
			 405.105;
8) Affected land areas where mining will
			 occur;
9) Affected land areas where
			 mine refuse and spoil will be deposited;
10) The general characteristics of the mine
			 refuse and spoil;
11) The proposed
			 method of mining;
12) A refuse
			 disposal plan under Section
			 405.106 or
			 405.107;
13) The location of all bore holes, mine
			 shafts, and wells on the affected land;
14) An estimate certified by an engineer of
			 the quality and quantity of drainage from the mine area and mine refuse area,
			 including estimated concentrations of chloride, sulfate, and all Section
			 406.106
			 contaminants with an explanation for the basis of the estimates;
15) The location of all mine discharges and
			 non-point source mine discharges, method or type of sediment basins, erosion
			 control devices and wastewater treatment facilities for all mine related
			 facilities, including identifying collection points for water discharged from
			 all mechanical pumping or gravity flow systems used for draining the mine and
			 mine refuse area;
16) An
			 abandonment plan under Section
			 405.109;
			 and
17) If the applicant intends to
			 use acid-producing mine refuse, a plan under Section
			 405.108.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 405 - STATE AND NPDES PERMITS › Section 405.105 - Surface Drainage Control

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 A State or NPDES permit must include a plan for surface drainage control as a
			 condition.
b) The applicant's plan
			 for surface drainage control must be incorporated into a permit by reference if
			 it meets the standard of Section
			 405.102(a);
			 otherwise, the Agency must deny the permit or issue it with a modified
			 plan.
c) Mining activities and
			 depositing mine refuse must be planned and conducted so as to avoid contact or
			 interference with waters of the State that could reasonably cause water
			 pollution.
d) Stream diversion,
			 redirection or impoundment must not be undertaken when the Agency demonstrates
			 that there is an economically reasonable alternative.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 405 - STATE AND NPDES PERMITS › Section 405.106 - Refuse Disposal

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
			 State or NPDES permit must include a refuse disposal plan as a
			 condition.
b) The applicant's
			 refuse disposal plan must be incorporated into the permit by reference if it
			 meets the standard of Section
			 405.102(a);
			 otherwise the Agency must deny the permit or issue it with a modified
			 plan.
c) Seepage from a refuse
			 disposal area is considered a mine discharge and is subject to 35 Ill. Adm.
			 Code 406.
d) The mine refuse area
			 must not encompass natural springs or an aquifer recharge area or intercept a
			 drainage course unless special provisions protect them. The Agency has the
			 burden to prove that an area is an aquifer recharge area.
e) Acid-producing solid mine refuse must be
			 immediately spread, compacted in layers, and covered with suitable
			 non-acid-producing material as necessary. If wetness prohibits immediate
			 spreading, the refuse must be spread and compacted as soon as possible and
			 prior to depositing a subsequent layer of refuse or cover material. The Agency
			 may permit alternate refuse disposal methods.
f) Any refuse disposal plan constituting a
			 change from the permitted refuse disposal plan is a revised refuse disposal
			 plan.
g) Implementing a revised
			 refuse disposal plan requires a new, modified, or supplemental NPDES or State
			 permit. Applications must be submitted within the time limits in 35 Ill. Adm.
			 Code
			 403.104
			 and
			 404.104
			 for the respective permits.
h)
			 Subsection (e) does not apply to acid-producing solid mine refuse disposed of
			 underground or in strip pits where disposal is below the level of natural
			 drainage; however, a layer containing at least two feet of suitable
			 non-acid-producing material must be applied no later than one year after
			 completion of a refuse pile in an open pit.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 405 - STATE AND NPDES PERMITS › Section 405.107 - Experimental Permits for Refuse Disposal

Current through Register Vol. 48, No. 28, July 12, 2024
a) To promote technological development of
			 mine refuse pollution control, the Agency may issue experimental permits for
			 refuse disposal not satisfying the requirements of Section
			 405.102
			 if the applicant demonstrates that the process, technique, or system has a
			 reasonable chance of complying with the Act and Subtitle D.
b) During operation, drainage from an
			 experimental refuse area must be monitored for compliance with the Act and
			 Subtitle D.
c) As a permit
			 condition, the Agency may require the permittee to submit performance data and
			 cost information while operating an experimental refuse area.
d) Applications for experimental permits must
			 comply with Section
			 405.104.
e) After the Agency approves an experimental
			 permit, it may terminate the permit if data or maintenance practices indicate
			 that the experimental method is no longer likely to meet the requirements of
			 the Act and Subtitle D. Within 45 days after termination, the Agency will
			 reimpose the requirements of Section 405.102.
f) Within 12 months after terminating an
			 experimental permit, the permittee must complete the abandonment plan in the
			 permitted mine refuse disposal area unless otherwise approved by the
			 Agency.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 405 - STATE AND NPDES PERMITS › Section 405.108 - Permit for Use of Acid-producing Mine Refuse

Current through Register Vol. 48, No. 28, July 12, 2024
a) Using acid-producing mine refuse requires,
			 as a permit condition, an adequate plan within a State or NPDES
			 permit.
b) Using acid-producing
			 mine refuse is a mining activity that may require a permit under 35 Ill. Adm.
			 Code
			 404.101.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 405 - STATE AND NPDES PERMITS › Section 405.109 - Abandonment Plan

Current through Register Vol. 48, No. 28, July 12, 2024
a) A State or
			 NPDES permit must include, as a condition, an abandonment plan.
b) An abandonment plan must be incorporated
			 into the permit by reference if it:
1)
			 Contains a time schedule for executing and completing the plan within a
			 reasonable time after abandonment considering any potential adverse
			 environmental impact pending the plan's completion and the amount of time
			 necessary to complete all steps within it. One year is assumed to be a
			 reasonable time unless the operator demonstrates that a longer time is
			 reasonable; and
2) Shows that the
			 mine related facilities and mining activities will be abandoned without
			 violating the Act or Subtitle D.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 405 - STATE AND NPDES PERMITS › Section 405.110 - Cessation, Suspension or Abandonment

Current through Register Vol. 48, No. 28, July 12, 2024
a) A permittee must notify the Agency in
			 writing by certified mail within 30 days after the following:
1) Abandonment; or
2) Cessation or suspension of active mining
			 for 30 days or more unless caused by a labor dispute.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 405 - STATE AND NPDES PERMITS › Section 405.111 - Emergency Procedures To Control Pollution

Current through Register Vol. 48, No. 28, July 12, 2024
a) A permittee must notify the Agency within
			 one hour of becoming aware of an emergency situation concerning mining
			 activities that causes or threatens a discharge of contaminants into the waters
			 of Illinois. The permittee must initially notify the Agency by telephone and
			 then by written notice, including a description of corrective measures taken.
			 The permittee must immediately undertake necessary corrective measures
			 consistent with Agency approval under subsection (b). Emergency situations
			 likely to violate the Act or Subtitle D include:
1) Dike, levee, dam or pipeline
			 rupture;
2) Flooded pit containing
			 waters that do not meet the standards of 35 Ill. Adm. Code 406;
3) Power failure or mechanical breakdown of
			 any wastewater treatment facility.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 405 - STATE AND NPDES PERMITS › Section 405.112 - Mine Entrances

Current through Register Vol. 48, No. 28, July 12, 2024
Bore holes, openings, drill holes, entrances to underground
				mines, and auger or punch mine entries must be plugged and sealed to the extent
				necessary to avoid the threat of water pollution.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 405 - STATE AND NPDES PERMITS › Appendix A - References to Previous Rules

Current through Register Vol. 48, No. 28, July 12, 2024
The following table is provided to correlate previous Board
				rule numbers with current Illinois Administrative Code Section numbers.
Chapter 4, Mine Related Pollution
35 Ill. Admin. Code Part 405
Part V, State and NPDES Permits
Rule 500
Section
						  405.100
Rule 501
Section
						  405.101
Rule 502
Section
						  405.102
Rule 503
Section
						  405.103
Rule 504
Section
						  405.104
Rule 505
Section
						  405.105
Rule 506
Section
						  405.106
Rule 507
Section
						  405.107
Rule 508
Section
						  405.108
Rule 509
Section
						  405.109
Rule 510
Section
						  405.110
Rule 511
Section
						  405.111
Rule 512
Section
						  405.112
Rule 513
Section
						  405.113
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 406 - MINE WASTE EFFLUENT AND WATER QUALITY STANDARDS › Subpart A - EFFLUENT STANDARDS › Section 406.100 - Preamble

Current through Register Vol. 48, No. 28, July 12, 2024
a) Part 406 applies
				to mine discharges and non-point source mine discharges as defined by 35 Ill.
				Adm. Code
				402.101.
b) Other discharges, including sanitary
				sewers, are regulated under Subtitle C, Chapter I: Water Pollution.
c) A facility that has another discharge will
				be subject to both Subtitle C and Subtitle D. Subtitle D governs mining
				activities, including mine discharges and non-point source mine discharges.
				Subtitle C governs other discharges.
d) Except as provided in this Part 406, 35
				Ill. Adm. Code 304 of Subtitle C is inapplicable to mine discharges and
				non-point source mine discharges.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 406 - MINE WASTE EFFLUENT AND WATER QUALITY STANDARDS › Subpart A - EFFLUENT STANDARDS › Section 406.101 - Averaging

Current through Register Vol. 48, No. 28, July 12, 2024
a) Compliance with
				the numerical standards of this Part must be determined based on 24-hour
				composite samples averaged over any calendar month. A single 24-hour composite
				sample must not exceed two times the numerical standards in this Part, and any
				grab sample taken individually or as an aliquot of any composite sample must
				not exceed five times the numerical standards in this Part.
b) Despite subsection (a), if a permittee
				elects monitoring and reporting by grab samples under Section
				406.102(f),
				then compliance with the numerical standards must be determined based on three
				or more grab samples averaged over a calendar month. A single grab sample must
				not exceed two times the numerical standards in this Part.
c) The numerical standards for settleable
				solids are maximum values not to be exceeded at any time and are not subject to
				averaging.
d) The numerical
				standards for pH must be within the specified range at all times and are not
				subject to averaging.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 406 - MINE WASTE EFFLUENT AND WATER QUALITY STANDARDS › Subpart A - EFFLUENT STANDARDS › Section 406.102 - Sampling, Reporting and Monitoring

Current through Register Vol. 48, No. 28, July 12, 2024
a) When treatment is provided for a
				discharge, effluent samples must be taken after the final treatment process and
				before entry into or mixture with any waters of the State.
b) The permittee must design or modify
				structures that allow effluent samples at the required point. When treatment is
				not provided for a discharge, effluent samples must be taken at the nearest
				point of access to the discharge source at a point where the discharge leaves
				the mine, mine area, or other portions of the affected land. All effluent
				samples must be taken before entry into or mixture with waters of the
				State.
c) The Agency will determine
				a reasonable frequency at which the permittee must report the actual
				concentration or level of any parameter identified in the State or NPDES
				permit.
1) Each report submitted under this
				subsection (c) must include at least three samples taken from each pond
				discharge during three separate periods occurring during that reporting period
				in which the alternate limitations for precipitation events under Sections
				406.109
				and
				406.110
				were in effect.
2) If alternate
				limitations under Sections
				406.109
				and
				406.110
				are in effect on fewer than three separate occasions during a reporting period,
				one sample must be taken from each pond discharge on each occasion during that
				period when the alternate limitations are in effect. The operator has the
				burden of proof that the applicable precipitation event caused the discharge or
				increase in discharge.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 406 - MINE WASTE EFFLUENT AND WATER QUALITY STANDARDS › Subpart A - EFFLUENT STANDARDS › Section 406.103 - Background Concentrations

Current through Register Vol. 48, No. 28, July 12, 2024
Because the effluent standards in this Part are based upon
				  concentrations achievable with conventional treatment technology that is
				  largely unaffected by ordinary levels of contaminants in intake water, they are
				  absolute standards that must be met without subtracting background
				  concentrations. This Part is not intended to require users to clean up
				  contamination caused by upstream sources or to require treatment when only
				  traces of contaminants are added to the background. Complying with the
				  numerical effluent standards is not required when effluent concentrations
				  exceeding the standards result entirely from influent contamination before it
				  enters the affected land. Background concentrations or discharges upstream from
				  affected land are rebuttably presumed not to have caused a violation of this
				  Part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 406 - MINE WASTE EFFLUENT AND WATER QUALITY STANDARDS › Subpart A - EFFLUENT STANDARDS › Section 406.104 - Dilution

Current through Register Vol. 48, No. 28, July 12, 2024
a) Dilution of an
				effluent from a treatment works or from any wastewater source is not acceptable
				as a wastewater treatment method to meet the effluent standards in this Subpart
				D. Rather, any person discharging contaminants to the waters of the State must
				provide the best degree of wastewater treatment consistent with technological
				feasibility, economic reasonableness, and sound engineering judgment.
b) When determining the best degree of
				treatment under this Section, the following will be considered:
1) The degree of waste reduction that can be
				achieved by process change, improved housekeeping, and recovery of individual
				waste components for reuse; and
2)
				Whether individual process wastewater streams should be segregated or
				combined.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 406 - MINE WASTE EFFLUENT AND WATER QUALITY STANDARDS › Subpart A - EFFLUENT STANDARDS › Section 406.105 - Commingling of Waste Streams

Current through Register Vol. 48, No. 28, July 12, 2024
When waste streams from any facility are combined for
				  treatment or discharge, pollutants in the combined discharge may not exceed the
				  most stringent limitations for that pollutant applicable to any component waste
				  stream of the discharge.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 406 - MINE WASTE EFFLUENT AND WATER QUALITY STANDARDS › Subpart A - EFFLUENT STANDARDS › Section 406.106 - Effluent Standards for Mine Discharges

Current through Register Vol. 48, No. 28, July 12, 2024
a) The effluent limitations in 35 Ill. Adm.
				Code 304 do not apply to mine discharges or non-point source mine
				discharges.
b) Except as provided
				in Sections
				406.109
				and
				406.110,
				a mine discharge effluent must not exceed the following levels:
Constituent
Concentration
Acidity
(total acidity must not exceed total
							 alkalinity)
Iron (total)
3.5 mg/L
Lead (total)
1 mg/L
Ammonia Nitrogen (as N)
5 mg/L
pH (range)
6-9
Zinc (total)
5 mg/L
Fluoride (total)
15 mg/L
Total suspended solids
35 mg/L
Manganese
2.0 mg/L
1) The ammonia
				nitrogen standard applies only to discharges from facilities using ammonia in
				wastewater treatment.
2) The
				manganese effluent limitation applies only to discharges from facilities where
				chemical addition is required to meet the iron or pH effluent limitations. The
				upper limit of pH must be 10 for any facility unable to comply with the
				manganese limit at pH 9. The manganese standard is not applicable to mine
				discharges associated with areas where no active mining, processing, or refuse
				disposal has taken place since May 13, 1976.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 406 - MINE WASTE EFFLUENT AND WATER QUALITY STANDARDS › Subpart A - EFFLUENT STANDARDS › Section 406.107 - Offensive Discharges

Current through Register Vol. 48, No. 28, July 12, 2024
In addition to the other requirements of Subtitle D, mine
				  discharge effluent must not contain settleable solids, floating debris, visible
				  oil, grease, scum, or sludge solids. Color, odor, and turbidity must be reduced
				  below obvious levels.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 406 - MINE WASTE EFFLUENT AND WATER QUALITY STANDARDS › Subpart A - EFFLUENT STANDARDS › Section 406.108 - Non-Point Source Mine Discharges

Current through Register Vol. 48, No. 28, July 12, 2024
Surface drainage from the affected land of a coal mine,
				  including disturbed areas that have been graded, seeded, or planted, must pass
				  through a sedimentation pond or a series of sedimentation ponds before leaving
				  the facility.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 406 - MINE WASTE EFFLUENT AND WATER QUALITY STANDARDS › Subpart A - EFFLUENT STANDARDS › Section 406.109 - Effluent Standards for Coal Mine Discharges from Reclamation Areas

Current through Register Vol. 48, No. 28, July 12, 2024
a) The effluent
				limitations at 35 Ill. Adm. Code 304 and Section
				406.106
				do not apply to mine discharges from reclamation areas.
b) A mine discharge effluent from a
				reclamation area must not exceed the following levels of contaminants:
Constituent
Concentration
Settleable solids
0.5 ml/L
pH (range)
6-9
c)
				Notwithstanding subsection (b), any discharge or increase in discharge volume
				caused by precipitation within a 24-hour period greater than the 10-year,
				24-hour precipitation event (or snowmelt of equivalent volume) is subject only
				to a pH limitation range of 6-9.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 406 - MINE WASTE EFFLUENT AND WATER QUALITY STANDARDS › Subpart A - EFFLUENT STANDARDS › Section 406.110 - Alternate Effluent Standards for Coal Mine Discharges During Precipitation Events

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Discharges from mountaintop removal areas, steep slope areas, and coal
				preparation plants and plant associated areas, and discharges of alkaline mine
				drainage are eligible for alternate effluent limitations during precipitation
				events. Discharges ineligible for alternate effluent limitations during
				precipitation events include drainage from coal refuse piles and discharges of
				alkaline mine drainage from underground mines that are not commingled with
				other eligible discharges. Any discharge or increase in discharge volume caused
				by precipitation within any 24-hour period less than or equal to the 10-year,
				24-hour precipitation event (or snowmelt of equivalent volume) may comply with
				the following limitations instead of those in Section
				406.106(b):
Constituent
Concentration
Settleable solids
0.5 ml/L
pH (range)
6-9
b)
				Discharges of acid or ferruginous mine discharge from coal refuse disposal
				piles are eligible for alternate effluent limitations during precipitation
				events. Any discharge or increase in discharge volume caused by precipitation
				within any 24-hour period greater than the 1-year, 24-hour precipitation event
				and less than or equal to the 10-year, 24-hour precipitation event (or snowmelt
				of equivalent volume) may comply with the following limitations instead of
				those in Section
				406.106(b):
Constituent
Concentration
Settleable solids
0.5 ml/L
pH (range)
6-9
c)
				Discharges of acid or ferruginous mine drainage (excluding discharges in
				subsection (b), mountaintop removal area discharges, steep slope area
				discharges, controlled surface mines discharges, and discharges from
				underground workings) caused by precipitation:
1) Within any 24-hour period less than or
				equal to the 2-year, 24-hour precipitation event (or snowmelt of equivalent
				volume) may comply with the following limitations instead of those in Section
				406.109(b):
Constituent
Concentration
Settleable solids
0.5 ml/L
Iron (total)
3.5 mg/L
pH (range)
6-9
2)
				Within any 24-hour period greater than the 2-year, 24-hour precipitation event
				but less than or equal to the 10-year, 24-hour precipitation event must comply
				with subsection (c)(1), except for the total iron effluent standard.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 406 - MINE WASTE EFFLUENT AND WATER QUALITY STANDARDS › Subpart B - WATER QUALITY STANDARDS › Section 406.202 - Violation of Water Quality Standards

Current through Register Vol. 48, No. 28, July 12, 2024
In addition to the other requirements of this Part, mine
				  discharges and non-point source mine discharges, alone or in combination with
				  other sources, must not cause a violation of any water quality standards under
				  35 Ill. Adm. Code 302 or 303. If the Agency finds that a discharge that would
				  comply with Subtitle D effluent standards would cause or is causing a violation
				  of water quality standards, the Agency will take appropriate action under
				  Section 31 or 39 of the Environmental Protection Act [ 415 ILCS 5 ] and require
				  the discharge to meet effluent limits necessary to comply with the water
				  quality standards. When a violation is caused by the cumulative effect of more
				  than one source, several sources may be joined in an enforcement or variance
				  proceeding, and measures for necessary effluent reductions will be determined
				  based on technical feasibility, economic reasonableness, and fairness to all
				  dischargers.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 406 - MINE WASTE EFFLUENT AND WATER QUALITY STANDARDS › Subpart B - WATER QUALITY STANDARDS › Section 406.204 - Good Mining Practices

Current through Register Vol. 48, No. 28, July 12, 2024
Good mining practices are designed to minimize discharge of
				  total dissolved solids, chloride, sulfate, iron, and manganese. The Agency must
				  consider whether the operator is using the following good mining
				  practices:
a) Practices that may stop
				or minimize water from coming into contact with disturbed areas (Section
				406.205
				);
b) Retention and control of
				waters exposed to disturbed materials (Section
				406.206
				);
c) Control and treatment of
				waters discharged from the site (Section
				406.207
				);
d) Unconventional practices
				(Section
				406.208
				).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 406 - MINE WASTE EFFLUENT AND WATER QUALITY STANDARDS › Subpart B - WATER QUALITY STANDARDS › Section 406.205 - Contact with Disturbed Areas

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency must consider whether the operator's practices
				  stop or minimize water from coming into contact with disturbed areas by
				  considering erosion controls, including:
a) Diversions
1) Bypass diversions that collect and convey
				water around or through disturbed areas to receiving stream waters that would
				otherwise flow over or through disturbed areas.
2) On-site diversions that convey water
				around or over disturbed areas or undermined areas connected to the
				surface.
3) Interception diversions
				that isolate on-site critical areas, including raw spoils, partially stabilized
				spoils, and highway access roads.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 406 - MINE WASTE EFFLUENT AND WATER QUALITY STANDARDS › Subpart B - WATER QUALITY STANDARDS › Section 406.206 - Retention and Control of Exposed Waters

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency must consider the following to determine whether
				  the operator's practices retain and control waters exposed to disturbed
				  materials:
a) Erosion Controls:
				grading, sloping, and revegetating of disturbed soil surfaces to reduce and
				detain runoff.
b) Sedimentation
				Controls: routing and segregating or combining wastewater and mine runoff water
				to minimize any effect on the receiving stream's quality.
c) Reuse of Discharges: reusing water with
				high concentrations of total dissolved solids, whenever possible, including:
1) Recirculation ponds to recycle water to
				the preparation plant.
2)
				Recirculation ponds to provide water for underground dust control.
3) Holding ponds to provide irrigation waters
				to reclaimed land or adjacent crop land tolerating higher concentrations of
				total dissolved solids.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 406 - MINE WASTE EFFLUENT AND WATER QUALITY STANDARDS › Subpart B - WATER QUALITY STANDARDS › Section 406.207 - Control of Discharge Waters

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency must consider the following practices to determine
				  whether an operator is controlling and treating waters containing elevated
				  levels of total dissolved solids, chloride, or sulfate discharged from the
				  site:
a) Regulating discharges when
				other control methods are insufficient and chemical treatment is economically
				unfeasible, including:
1) Regulating the flow
				of discharges high in total dissolved solids according to fluctuating or
				intermittent stream flows so that the total dissolved solids concentration
				remains within established water quality standards; or
2) Regulating the flow or fluctuation of
				receiving streams by timely discharge of water from existing impoundments that
				have suitable discharge control structures.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 406 - MINE WASTE EFFLUENT AND WATER QUALITY STANDARDS › Subpart B - WATER QUALITY STANDARDS › Section 406.208 - Unconventional Practices

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency must consider the following unconventional
				  practices in considering whether an operator's practices avoid producing or
				  discharging elevated levels of total dissolved solids, chloride, and
				  sulfate:
a) Diverting groundwater by
				intercepting the flow path before entering a surface or underground mine when
				the mine operator determined it to be economically preferable to treating
				contaminated water after it passes through a mine.
b) Dewatering practices that remove clean
				formation water before contacting dissolved solids-producing materials,
				including techniques used to tap nonpolluted aquifers to reduce the amount of
				water entering a mine.
c) Any
				additional practices the operator uses effectively to reduce levels of total
				dissolved solids, chloride, sulfate, iron and manganese in
				discharges.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 406 - MINE WASTE EFFLUENT AND WATER QUALITY STANDARDS › Subpart B - WATER QUALITY STANDARDS › Appendix A - References to Previous Rules

Current through Register Vol. 48, No. 28, July 12, 2024
The following table is provided to correlate previous Board
				  rule numbers with current Illinois Administrative Code Section numbers.
Chapter 4, Mine Related Pollution Part VI, Effluent
							 and Water Quality Standards
35 Ill. Adm. Code 406
Rule 600
Section
							 406.100
Rule 601
Section
							 406.101
Rule 602
Section
							 406.102
Rule 603
Section
							 406.103
Rule 604
Section
							 406.104
Rule 605
Section
							 406.105
Rule 605.1
Section
							 406.201
Rule 606
Section
							 406.106
Rule 607
Section
							 406.107
Rule 608
Section
							 406.108
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 501 - GENERAL PROVISIONS › Subpart A - AUTHORITY AND POLICY › Section 501.103 - Organization of this Chapter

Current through Register Vol. 48, No. 28, July 12, 2024
The Board regulations adopted in 35 Illinois Administrative
				  Code Subtitle E: Agriculture Related Pollution, Chapter I: Pollution Control
				  Board are organized as provided in this Section.
a) Part 501 of this Chapter contains
				definitions and incorporations by reference applicable to Parts 501, 502 and
				503, which are the Parts of this Chapter administered by the Environmental
				Protection Agency. Subpart C of Part 501 also contains the requirements
				applicable to all livestock waste-handling facilities and livestock management
				facilities, whether or not those facilities are defined as Animal Feeding
				Operations (AFOs) or Concentrated Animal Feeding Operations (CAFOs) and without
				regard to whether the facility is subject to National Pollutant Discharge
				Elimination System (NPDES) permitting requirements.
b) Part 502 identifies which AFOs are subject
				to NPDES permit requirements and specifies those requirements. Part 502 also
				provides the State technical standards applicable to permitted CAFOs. That Part
				also contains requirements applicable to land application activities from AFOs
				that are defined as large CAFOs and are not permitted under an NPDES
				permit.
c) Part 503 contains the
				requirements applicable to fish and aquatic animal production facilities,
				irrigation activities, and silvicultural activities and sources.
d) Part 506 implements the Livestock
				Management Facilities Act [510 ILCS 77 ]. Those rules and the Livestock
				Management Facilities Act are administered by the Illinois Department of
				Agriculture.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 501 - GENERAL PROVISIONS › Subpart A - AUTHORITY AND POLICY › Section 501.104 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
If any provision of this Part is adjudged invalid, or if the
				  application of this Part to any person or in any circumstance is adjudged
				  invalid, that invalidity will not affect the validity of this Chapter as a
				  whole, or of any Part, Subpart, sentence or clause not adjudged
				  invalid.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 501 - GENERAL PROVISIONS › Subpart B - DEFINITIONS AND INCORPORATIONS › Section 501.201 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as
				otherwise stated in this Part, and unless a different meaning of the term is
				clear from its context, the definitions of terms used in this Chapter are the
				same as those used in the Act and 35 Ill. Adm. Code: Subtitle C, Chapter
				I.
b) The definitions contained in
				this Subpart apply to 35 Ill. Adm. Code 501, 502, and 503.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 501 - GENERAL PROVISIONS › Subpart B - DEFINITIONS AND INCORPORATIONS › Section 501.215 - Air Pollution

Current through Register Vol. 48, No. 28, July 12, 2024
The presence in the atmosphere of one or more contaminants in
				  sufficient quantities and of such characteristics and duration as to be
				  injurious to human, plant or animal life, to health, or to property, or to
				  unreasonably interfere with the enjoyment of life or
				  property.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 501 - GENERAL PROVISIONS › Subpart B - DEFINITIONS AND INCORPORATIONS › Section 501.223 - Animal Confinement Area

Current through Register Vol. 48, No. 28, July 12, 2024
Animal confinement area includes open lots, housed lots,
				  feedlots, confinement houses, stall barns, free stall barns, milkrooms, milking
				  centers, cowyards, barnyards, medication pens, walkers, animal walkways, and
				  stables.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 501 - GENERAL PROVISIONS › Subpart B - DEFINITIONS AND INCORPORATIONS › Section 501.225 - Animal Feeding Operation

Current through Register Vol. 48, No. 28, July 12, 2024
a) A lot
				or facility (other than an aquatic animal production facility) where the
				following conditions are met:
1) Animals have
				been, are, or will be stabled or confined and fed or maintained for a total of
				45 days or more in any 12-month period, and
2) Crops, vegetation, forage growth, or
				post-harvest residues that are grown in place are not sustained in the normal
				growing season over any portion of the lot or facility.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 501 - GENERAL PROVISIONS › Subpart B - DEFINITIONS AND INCORPORATIONS › Section 501.230 - Animal Unit

Current through Register Vol. 48, No. 28, July 12, 2024
A unit of measurement for any animal feeding operation
				  calculated by adding the following animal numbers:
a) Brood cows and slaughter and feeder cattle
				multiplied by 1.0
b) Milking dairy
				cows multiplied by 1.4
c) Young
				dairy stock multiplied by 0.6
d)
				Swine weighing over 55 pounds multiplied by 0.4
e) Swine weighing under 55 pounds multiplied
				by 0.03
f) Sheep, lambs or goats
				multiplied by 0.1
g) Horses
				multiplied by 2.0
h) Turkeys
				multiplied by 0.02
i) Laying hens
				or broilers multiplied by 0.01 (if the facility has continuous overflow
				watering)
j) Laying hens or
				broilers multiplied by 0.03 (if the facility has a liquid manure handling
				system)
k) Ducks multiplied by
				0.02