reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 309 - PERMITS › Subpart B - OTHER PERMITS › Section 309.262 - Design, Operation, and Maintenance Criteria

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency may adopt criteria for the
				design, operation, and maintenance of treatment works, pretreatment works,
				sewers, and wastewater sources. These criteria may be revised periodically to
				reflect current engineering judgment and advances in the state of the art.
BOARD NOTE: The Agency has adopted "Design Criteria for
				  Pressure Sewage Systems" (35 Ill. Adm. Code 374), "Illinois Recommended
				  Standards for Sewage Works" (35 Ill. Adm. Code 370), and "Requirements for
				  Plans of Operation and Operation and Maintenance Manuals" (35 Ill. Adm. Code
				  371).
b) The Agency must
				adopt such procedures as are necessary to issue permits under this
				Subpart.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 309 - PERMITS › Subpart B - OTHER PERMITS › Section 309.263 - Modification or Renewal of Permits

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any permit issued by the Agency under
				Subpart B may be modified or renewed to make its provisions compatible with any
				new regulation adopted by the Board.
b) Persons with operating permits for
				pretreatment works subject to this Subpart must obtain a modified permit before
				any of the following changes at the facility:
1) a modification of permitted wastewater
				characteristics, quantity, or quality;
2) a change in facility ownership, name, or
				address so that the application or existing permit is no longer accurate;
				or
3) a change in operations that
				will result in the permittee's noncompliance with the Act, a Board rule, or an
				existing permit condition.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 309 - PERMITS › Subpart B - OTHER PERMITS › Section 309.264 - Permit Revocation

Current through Register Vol. 48, No. 28, July 12, 2024
a) A permit
				issued under Subpart B may be revoked for cause, which includes the following:
1) Cause as set forth in Section
				309.182(b);
				or
2) Delinquency in payment of any
				charges that may be required to be paid under section 204(b) of the Clean Water
				Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 309 - PERMITS › Subpart B - OTHER PERMITS › Section 309.265 - Approval of Federal Permits

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency must not approve any effluent discharge for the
				  purpose of any federal permit (other than an NPDES Permit issued by the
				  Administrator), unless the discharge complies with all provisions of the Act
				  and this Chapter, has been granted a variance, adjusted standard, or
				  time-limited water quality standard under the Act, or complies with all terms
				  and conditions of an NPDES Permit.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart A - GENERAL PROVISIONS › Section 310.101 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Section is
				intended as a general guide to persons using this Part 310 and does not
				supersede more specific requirements in this Part.
b) This Part includes the following:
1) Requirements for submission to the Agency
				of pretreatment programs by publicly owned treatment works (POTWs). (Subpart
				E)
2) Requirements with which
				persons discharging to sewers must comply. (Subpart B)
3) Requirements for prior approval by the
				Control Authority of certain discharges to a sewer. The Control Authority may
				be either of the following:
A) The POTW under
				an approved program; or
B) The
				Agency in the absence of an approved program. (Subpart D)
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart A - GENERAL PROVISIONS › Section 310.102 - Objectives

Current through Register Vol. 48, No. 28, July 12, 2024
This Part satisfies the requirement of Section 13.3 of the
				  Environmental Protection Act (Act) [415 ILCS
				  5/13.3 ] that the Board adopt rules that are identical
				  in substance with United States Environmental Protection Agency (USEPA)
				  regulations implementing the pretreatment requirements of the federal Clean
				  Water Act (
				  33 USC
				  1251 et seq.). This Part is intended for the
				  following purposes:
a) To prevent the
				introduction into POTWs of pollutants that will interfere with the operation of
				the POTW, or which will interfere with the use or disposal of its
				sludge;
b) To prevent the
				introduction of pollutants into POTWs that will pass through the treatment
				works or which will otherwise be incompatible with such works; and
c) To improve the opportunities to recycle
				and reclaim municipal and industrial wastewaters and sludges.
BOARD NOTE: Derived from
					 40 CFR
					 403.2(2002).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart A - GENERAL PROVISIONS › Section 310.103 - Federal Law

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Board
				intends that this Part be identical in substance with the pretreatment
				requirements of the federal Clean Water Act (33 U.S.C. 1251 et
				seq.) and United States Environmental Protection Agency (USEPA) regulations at
				40 CFR
				401 through
				471.
b) This Part will allow the Agency to issue
				pretreatment permits, review POTW pretreatment plans and authorize POTWs to
				issue authorizations to discharge to industrial users when and to the extent
				USEPA authorizes the Illinois pretreatment program under the federal Clean
				Water Act (33 U.S.C.
				1251 et seq.). After authorization, the
				requirements of the Clean Water Act and
				40 CFR
				401 through
				471. will continue to apply in
				Illinois. In particular, USEPA has stated that it will do the following:
1) Retain the right to request information
				under 40 CFR
				403.8(f); and
2) Retain the right to inspect and take
				samples under 40 CFR
				403.12(l).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart A - GENERAL PROVISIONS › Section 310.104 - State Law

Current through Register Vol. 48, No. 28, July 12, 2024
a) 35 Ill. Adm.
				Code 307 includes three types of prohibitions and pretreatment standards:
1) Prohibitions, including prohibitions
				adopted by USEPA at 40 CFR
				403.5 and more stringent prohibitions adopted
				by the Board (e.g., 35 Ill. Adm. Code
				307.1101) ;
2) National pretreatment standards adopted by
				USEPA at 40 CFR
				405 et seq., and incorporated by reference by
				the Board (e.g., Subparts F through CT of 35 Ill. Adm. Code 307); and
3) More stringent concentration-based
				standards adopted by the Board (e.g., 35 Ill. Adm. Code
				307.1102 and
				307.1103).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart A - GENERAL PROVISIONS › Section 310.105 - Confidentiality

Current through Register Vol. 48, No. 28, July 12, 2024
a) Information and
				data provided to the Control Authority under this Part that is effluent data
				must be available to the public without restriction.
b) For the Board and Agency, confidentiality
				is governed by 35 Ill. Adm. Code 130 and 161.
c) The Agency and POTWs must make information
				available to the public at least to the extent provided by
				40 CFR
				2.302 (2003), incorporated by reference in
				Section 310.107.
BOARD NOTE: Derived from
					 40 CFR
					 403.14
					 (2003).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart A - GENERAL PROVISIONS › Section 310.106 - Electronic Reporting

Current through Register Vol. 48, No. 28, July 12, 2024
The submission of any document under any provision of this
				  Part is subject to this Section.
a)
				General Federal Requirements for Electronic Reporting
1) Scope and Applicability
A) USEPA has established standards for the
				submission of electronic documents under federally authorized programs. USEPA
				requires adherence to these standards for all electronic submissions to USEPA
				and an authorized state, if electronic submissions are authorized by USEPA.
				USEPA, the Board, the Agency, or the Control Authority may allow for the
				submission of electronic documents in lieu of paper documents. This subsection
				(a) does not require the submission of electronic documents in lieu of paper
				documents. This subsection (a) sets forth the requirements for the optional
				electronic submission of any document that must be submitted to the appropriate
				of the following:
i) To USEPA directly, under
				40 CFR
				127; or
ii) To the Board, the Agency, or the Control
				Authority, under any provision of this Part or 35 Ill. Adm. Code
				307.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart A - GENERAL PROVISIONS › Section 310.111 - New Source

Current through Register Vol. 48, No. 28, July 12, 2024
a) "New source"
				means any building, structure, facility, or installation from which there is or
				may be a discharge of pollutants, the construction of which commenced after the
				date specified in 35 Ill. Adm. Code 307 for the particular source category or
				subcategory applicable to the source, if one of the following is true:
1) The building, structure, facility, or
				installation is constructed at a site at which no other source is
				located;
2) The building,
				structure, facility, or installation totally replaces the process or production
				equipment that causes the discharge of pollutants at an existing source;
				or
3) The production or wastewater
				generating processes of the building, structure, facility, or installation are
				substantially independent of an existing source at the same site. In
				determining whether these are substantially independent, factors such as the
				extent to which the new facility is integrated with the existing plant and the
				extent to which the new facility is engaged in the same general type of
				activity as the existing source should be considered.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart A - GENERAL PROVISIONS › Section 310.112 - Significant Industrial User

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Except as provided in subsections (b) and (c), the term "significant industrial
				user" means the following:
1) An industrial
				user subject to any of the categorical pretreatment standards under Sections
				310.220 through
				310.222,
				310.230,
				310.232, and
				310.233 and 35 Ill. Adm. Code
				307; and
2) Any other industrial
				user that: discharges an average of 25,000 gallons per day or more of process
				wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler
				blowdown wastewater); contributes a process wastestream which makes up five
				percent or more of the average dry weather hydraulic or organic capacity of the
				POTW treatment plant; or is designated as such by the Control Authority on the
				basis that the industrial user has a reasonable potential for adversely
				affecting the POTW's operation or for violating any pretreatment standard or
				requirement (in accordance with Section
				310.510(f)).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart B - PRETREATMENT STANDARDS › Section 310.201 - General Prohibitions

Current through Register Vol. 48, No. 28, July 12, 2024
a) No
				industrial user may introduce into a POTW any pollutant that causes pass
				through or interference.
b)
				Affirmative defenses. An industrial user has an affirmative defense in any
				action brought against it alleging a violation of subsection (a) or 35 Ill.
				Adm. Code 307.1101(b)(6) through (b)(9) or (b)(11) through
				(b)(12) if the industrial user demonstrates
				the following:
1) The industrial user did not
				know or have reason to know that its discharge, alone or in conjunction with a
				discharge or discharges from other sources, would cause pass through or
				interference; and
2) Either of the
				following:
A) The POTW developed in accordance
				with Section 310.210 a local limit that was
				designed to prevent pass through or interference for each pollutant in the
				industrial user's discharge that caused pass through or interference, and the
				industrial user was in compliance with each such local limit immediately before
				and during the pass through or interference; or
B) If the POTW has not developed local limits
				in accordance with Section
				310.210 that are designed to
				prevent pass through or interference for the pollutants that caused the pass
				through or interference, the industrial user's discharge immediately before and
				during the pass through or interference did not change substantially in nature
				or constituents from the industrial user's prior discharge activity during
				which the POTW was regularly in compliance with the POTW's NPDES permit
				requirements and, in the case of interference, sludge
				requirements.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart B - PRETREATMENT STANDARDS › Section 310.202 - Specific Prohibitions

Current through Register Vol. 48, No. 28, July 12, 2024
No person may cause or allow the introduction into a POTW of
				  the pollutants specified in 35 Ill. Adm. Code
				  307.1101(b).
BOARD NOTE: Derived from
					 40 CFR
					 403.5(b) (2005), as amended
					 at 70 Fed. Reg. 60134 (Oct. 14,
					 2005).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart B - PRETREATMENT STANDARDS › Section 310.210 - Local Limits Developed by POTW

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Each POTW that is required to develop a pretreatment program must develop and
				enforce, as part of the program, local limits to implement the prohibitions
				listed in Sections 310.201(a) and
				310.202. Each POTW with an
				approved pretreatment program must continue to develop these local limits as
				necessary and effectively enforce them.
b) A POTW that is not required to develop a
				pretreatment program must, if pollutants contributed by one or more industrial
				users result in interference or pass through, and such violation is likely to
				recur, develop and enforce local limits for industrial users, which, together
				with appropriate changes in the POTW treatment plant's facilities or operation,
				are necessary to ensure renewed and continued compliance with the POTW's NPDES
				permit, and sludge requirements.
c)
				Before developing local limits, a POTW must give individual notice and an
				opportunity to respond to persons or groups that have requested
				notice.
d) A POTW may develop best
				management practices (BMPs) to implement subsections (a) and (b). Such BMPs are
				to be considered local limits and pretreatment standards under this
				Part.
e) The POTW must base
				limitations developed pursuant to this Section on the characteristics and
				treatability of the wastewater by the POTW, effluent limitations that the POTW
				must meet, sludge requirements, water quality standards in the receiving
				stream, and the pretreatment standards and requirements of this Part and 35
				Ill. Adm. Code 307.
BOARD NOTE: Subsections (a) through (d) are derived from
					 40 CFR
					 403.5(c) (2005), as amended
					 at 70 Fed. Reg. 60134 (Oct. 14, 2005). The Board added subsection (e) to
					 provide standards for developing local limits.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart B - PRETREATMENT STANDARDS › Section 310.211 - Status of Local Limits

Current through Register Vol. 48, No. 28, July 12, 2024
If a POTW develops local limits in the form of specific
				  prohibitions or limits on pollutants, pollutant parameters, or BMPs, such local
				  limits are to be considered pretreatment standards for the purposes of this
				  Part.
BOARD NOTE: Derived from
					 40 CFR
					 403.5(d)
					 (2005).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart B - PRETREATMENT STANDARDS › Section 310.220 - Categorical Standards

Current through Register Vol. 48, No. 28, July 12, 2024
Pretreatment standards specifying quantities or
				  concentrations of pollutants or pollutant properties that may be discharged to
				  a POTW by an existing or new industrial user in specific industrial source
				  category or subcategory will be established as separate regulations under 35
				  Ill. Adm. Code 307. These standards, unless specifically noted otherwise, must
				  be in addition to the standards and requirements set forth at 35 Ill. Adm. Code
				  307.1101
				  and 310.
BOARD NOTE: Derived from
					 40 CFR
					 403.6 preamble
					 (2005).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart B - PRETREATMENT STANDARDS › Section 310.221 - Source Category Determination Request

Current through Register Vol. 48, No. 28, July 12, 2024
a) Application Deadline
1) The industrial user or POTW may request
				that the Agency provide written certification as to whether the industrial user
				falls within that particular source category or subcategory. If an existing
				industrial user adds or changes a process or operation that may be included in
				a source category or subcategory, the existing industrial user must request
				this certification before commencing discharge from the added or changed
				processes or operation. With respect to new standards, the following apply:
A) The POTW or industrial user must direct to
				USEPA any source category determination requests for pretreatment standards
				adopted by USEPA prior to authorization of the Illinois program.
B) After authorization of the Illinois
				program, the POTW or industrial user must direct to the Agency any source
				category determination requests within 60 days after the Board adopts or
				incorporates by reference a pretreatment standard for a source category or
				subcategory under which an industrial user may be included.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart B - PRETREATMENT STANDARDS › Section 310.222 - Deadline for Compliance with Categorical Standards

Current through Register Vol. 48, No. 28, July 12, 2024
a) If a compliance date for an existing or
				new source categorical pretreatment standard is adopted or incorporated by
				reference in 35 Ill. Adm. Code 307, then industrial users must comply with the
				standard by the latest of the following times:
1) The date specified or incorporated by
				reference; or
2) The date the Board
				adopts or incorporates the standard by reference; or
3) The date USEPA approves the Illinois
				pretreatment program.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart B - PRETREATMENT STANDARDS › Section 310.232 - Dilution Prohibited as a Substitute for Treatment

Current through Register Vol. 48, No. 28, July 12, 2024
Except where expressly authorized to do so by an applicable
				  categorical pretreatment standard or requirement, no industrial user may
				  increase the use of process water or, in any other way, attempt to dilute a
				  discharge as a partial or complete substitute for adequate treatment to achieve
				  compliance with a pretreatment standard or requirement. The Control Authority
				  may impose mass limitations on industrial users that are using dilution to meet
				  applicable pretreatment standards or in other cases where the imposition of
				  mass limitations is appropriate.
BOARD NOTE: Derived from
					 40 CFR
					 403.6(d) (2005), as amended
					 at 70 Fed. Reg. 60134 (Oct. 14,
					 2005).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart B - PRETREATMENT STANDARDS › Section 310.233 - Combined Waste Stream Formula

Current through Register Vol. 48, No. 28, July 12, 2024
If process wastewater is mixed prior to treatment with
				  wastewaters other than those generated by the regulated process, the Control
				  Authority (or the industrial user with the written concurrence of the Control
				  Authority) must derive fixed alternative discharge limits. When it is deriving
				  alternative categorical limits, the Control Authority must calculate both an
				  alternative daily maximum value using the daily maximum values specified in the
				  appropriate categorical pretreatment standards and an alternative consecutive
				  sampling day average value using the average monthly values specified in the
				  appropriate categorical pretreatment standards. The industrial user must comply
				  with the alternative daily maximum and average monthly limits fixed by the
				  Control Authority until the Control Authority modifies the limits or approves
				  an industrial user modification request. Modification is authorized whenever
				  there is a material or significant change in the values used in the calculation
				  to fix alternative limits for the regulated pollutant. An industrial user must
				  immediately report any such material or significant change to the Control
				  Authority. If appropriate, the Control Authority must calculate new alternative
				  categorical limits within 30 days.
a)
				Alternative Limit Calculation. For these formulas, the "average daily flow"
				means a reasonable measure of the average daily flow for a 30-day period. For
				new sources, flows must be estimated using projected values. The Control
				Authority must derive the alternative limit for a specified pollutant by the
				use of either of the following formulas:
1)
				Alternative Concentration Limit
Click
				  here to view image
where
C
=
The alternative concentration limit for the combined
							 waste stream.
Ci
=
The categorical pretreatment standard concentration
							 limit for a pollutant in the regulated stream i.
Fi
=
The average daily flow (at least a 30-day average) of
							 stream i to the extent that it is regulated for such pollutant.
"[SIGMA]Gi"
The sum of the results of calculation G for streams i
							 = 1 to i = N.
N
=
The total number of regulated streams.
T
=
The average daily flow (at least a 30-day average)
							 through the combined pretreatment facility (includes Fi,
							 D and unregulated streams.
D
=
The average daily flow (at least a 30-day average)
							 from:
A) Boiler
				blowdown streams, non-contact cooling streams, stormwater streams, and
				demineralizer backwash streams, subject to the proviso of subsection
				(d);
B) Sanitary waste streams if
				such waste streams are not regulated by a categorical pretreatment standard;
				and
C) From any process waste
				streams that were or could have been entirely exempted from categorical
				pretreatment standards as specified in subsection (e).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart C - REMOVAL CREDITS › Section 310.301 - Special Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
For Subpart C, the following definitions apply:
"Consistent removal" means the average of the lowest 50% of
				  the removals measured according to Section
				  310.311. All sample data
				  obtained for the measured pollutant during the time period prescribed in
				  Section 310.311 must be reported and
				  used in computing consistent removal. If a substance is measurable in the
				  influent but not in the effluent, the effluent level may be assumed to be the
				  limit of measurement, and those data may be used by the POTW at its discretion
				  and subject to approval by the Agency. If the substance is not measurable in
				  the influent, the data may not be used. If the number of samples with
				  concentrations equal to or above the limit of measurement is between eight and
				  twelve, the average of the lowest six removals must be used. If there are less
				  than eight samples with concentrations equal to or less than the limit of
				  measurement, the Agency may approve alternate means of demonstrating consistent
				  removal. "Measurement" refers to the ability of the analytical method or
				  protocol to quantify as well as identify the presence of the substance in
				  question.
BOARD NOTE: Derived from
				  40 CFR
				  403.7 (2005).
"Industrial user" means industrial user or users, as is
				  appropriate from the context.
"Overflow" means the intentional or unintentional diversion
				  of flow from the POTW before the POTW treatment plant.
BOARD NOTE: Derived from
				  40 CFR
				  403.7 (2005), as amended at 70 Fed. Reg.
				  60134 (Oct. 14, 2005).
"Removal" means a reduction in the amount of a pollutant in
				  the POTW's effluent or alteration of the nature of a pollutant during treatment
				  at the POTW. The reduction or alteration can be obtained by physical, chemical,
				  or biological means and may be the result of specifically designed POTW
				  capabilities, or may be incidental to the treatment system's operation. Removal
				  does not mean dilution of a pollutant in a POTW.
BOARD NOTE: Derived from
				  40 CFR
				  403.7(a) (2005).
"Sludge requirements" is as defined in Section
				  310.110.
BOARD NOTE: Derived from
				  40 CFR
				  403.7(a) (2005).
"Standard" means standard or standards as is appropriate from
				  the context.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart C - REMOVAL CREDITS › Section 310.302 - Authority

Current through Register Vol. 48, No. 28, July 12, 2024
Any POTW receiving wastes from an industrial user to which a
				  categorical pretreatment standard applies may, at its discretion and subject to
				  the conditions of Subpart C, grant removal credits to reflect removal by the
				  POTW of pollutants specified in the categorical pretreatment standard. The POTW
				  may grant a removal credit equal to, or at its discretion, less than its
				  consistent removal rate. Upon being granted a removal credit, each affected
				  industrial user must calculate its revised discharge limits in accordance with
				  Section 310.310. Removal credits must be
				  given for indicator or surrogate pollutants regulated in a categorical
				  pretreatment standard only if the categorical pretreatment standard so
				  specifies.
BOARD NOTE: Derived from
					 40 CFR
					 403.7(a)(2) (2003).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart C - REMOVAL CREDITS › Section 310.303 - Conditions for Authorization to Grant Removal Credits

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency must authorize a POTW to grant removal credits
				  only if the following conditions are met:
a) The POTW applies for and receives
				authorization from the Agency to grant a removal credit in accordance with the
				requirements and procedures specified in Sections
				310.330 and
				310.340.
b) The POTW demonstrates and continues to
				achieve consistent removal of the pollutant.
c) The POTW has an approved pretreatment
				program in accordance with and to the extent required by this Part; but a POTW
				that does not have an approved pretreatment program may, pending approval of
				such a program, give removal credits conditionally as provided in Section
				310.330.
d) The granting of removal
				credits will not cause the POTW to violate sludge requirements that apply to
				the sludge management method chosen by the POTW. ("Sludge requirements" is
				defined in Section 310.110.) Alternatively, the
				POTW demonstrates to the Agency that even though it is not presently in
				compliance with applicable sludge requirements, it will be in compliance when
				each industrial user to whom the removal credit would apply is required to meet
				its categorical pretreatment standard as modified by the removal credit.
				Removal credits may be made available for any of the following pollutants:
1) For any pollutant listed in appendix G,
				section I of 40 CFR
				403, incorporated by reference in Section
				310.107, for the use or disposal
				practice employed by the POTW, when the requirements in
				40 CFR
				503, incorporated by reference in Section
				310.107, for that practice are met;
2) For any pollutant listed in appendix G,
				section II of 40 CFR
				403, incorporated by reference in Section
				310.107, for the use or disposal practice employed by the POTW when the
				concentration for a pollutant listed in appendix G, section II of
				40 CFR
				403 in the sewage sludge that is used or
				disposed of does not exceed the concentration for the pollutant in appendix G,
				section II of 40 CFR
				403; or
3) For any pollutant in sewage sludge when
				the POTW disposes of all of its sewage sludge in a municipal solid waste
				landfill unit that meets the criteria in 35 Ill. Adm. Code 810 through 813 that
				are derived from 40 CFR
				258.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart C - REMOVAL CREDITS › Section 310.310 - Calculation of Revised Discharge Limits

Current through Register Vol. 48, No. 28, July 12, 2024
Revised discharge limits for a specific pollutant must be
				  derived by use of the following formula:
y
=
100x
(100 - r)
where:
x
=
Pollutant discharge limit specified in the applicable
							 categorical pretreatment standard.
r
=
Removal credit for the particular pollutant as
							 established pursuant to Section
							 310.311
							 (percentage removal expressed as a percent, that is, a number between 0 and
							 100).
y
=
Revised discharge limit for the specified pollutant
							 (expressed in same units as x).
BOARD NOTE: Derived from
					 40 CFR 403.7(a)(4)
					 (2003).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart C - REMOVAL CREDITS › Section 310.312 - Provisional Credits

Current through Register Vol. 48, No. 28, July 12, 2024
For pollutants that are not currently being discharged (new
				  or modified facilities, or production changes) the POTW may apply for
				  provisional authorization to revise the applicable categorical pretreatment
				  standard prior to initial discharge of the pollutant. Consistent removal may be
				  based provisionally on data from treatability studies or demonstrative removal
				  at other treatment facilities where the quality and quantity of influent are
				  similar. In calculating and applying for provisional removal allowances, the
				  POTW must comply with provisions of this Subpart. The POTW must demonstrate
				  consistent removal within 18 months after the commencement of discharge of the
				  pollutants in question. If, within 18 months after the commencement of the
				  discharge of the pollutant in question, the POTW cannot demonstrate consistent
				  removal pursuant to Section
				  310.311, the Agency must
				  terminate the authority to grant removal credits, and all industrial users to
				  whom the revised discharge limits had been applied must achieve compliance with
				  the applicable categorical pretreatment standards within a reasonable time, not
				  to exceed the period of time prescribed in the standards, as the Agency must
				  specify.
BOARD NOTE: Derived from
					 40 CFR
					 403.7(c) (2003).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart C - REMOVAL CREDITS › Section 310.320 - Compensation for Overflow

Current through Register Vol. 48, No. 28, July 12, 2024
A POTW that overflows untreated wastewater to receiving
				  waters one or more times in a year may claim consistent removal of a pollutant
				  only by complying with subsection (a) or (b). However, this Section will not
				  apply if an industrial user demonstrates that overflow does not occur between
				  the industrial user and the POTW treatment plant.
a) The industrial user provides containment
				or otherwise ceases or reduces discharges from the regulated processes that
				contain the pollutant for which an allowance is requested during all
				circumstances in which an overflow event can reasonably be expected to occur at
				the POTW or at a sewer to which the industrial user is connected. Discharges
				must cease or be reduced, or pretreatment must be increased, to the extent
				necessary to compensate for the removal not being provided by the POTW. The
				Agency must allow allowances under this subsection only if the POTW
				demonstrates the following to the Agency:
1)
				That all industrial users to which the POTW proposes to apply this subsection
				(a) have demonstrated the ability to contain or otherwise cease or reduce,
				during circumstances in which an overflow event can reasonably be expected to
				occur, discharges from the regulated processes that contain pollutants for
				which an allowance is requested;
2)
				That the POTW has identified circumstances in which an overflow event can
				reasonably be expected to occur, and has a notification or other viable plan to
				ensure that industrial users will learn of an impending overflow in sufficient
				time to contain, cease, or reduce discharging to prevent untreated overflows
				from occurring. The POTW must also demonstrate that it will monitor and verify
				the data required in subsection (a)(3) to ensure that industrial users are
				containing, ceasing, or reducing operations during POTW system overflow;
				and
3) That all industrial users to
				which the POTW proposes to apply this subsection have demonstrated the ability
				and commitment to collect and make available upon request by the POTW or the
				Agency daily flow reports or other data sufficient to demonstrate that all
				discharges from regulated processes containing the pollutant for which the
				allowance is requested were contained, reduced, or otherwise stopped as
				appropriate during all circumstances in which an overflow event was reasonably
				expected to occur; or
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart C - REMOVAL CREDITS › Section 310.330 - Exception to POTW Pretreatment Requirement

Current through Register Vol. 48, No. 28, July 12, 2024
A POTW required to develop a local pretreatment program under
				  Subpart E may grant removal credits conditionally pending approval of such a
				  program in accordance with the following terms and conditions:
a) All industrial users who are currently
				subject to a categorical pretreatment standard and who wish to receive
				conditionally a removal credit must submit to the POTW the information required
				by Section 310.602(a) through
				(g) (except new or modified industrial users
				must only submit the information required by Section
				310.602(a) through
				(f)), pertaining to the categorical
				pretreatment standard as modified by the removal credit. The industrial users
				must indicate what additional technology, if any, will be needed to comply with
				the categorical pretreatment standard as modified by the removal
				credit;
b) The POTW must have
				submitted to the Agency an application for pretreatment program approval
				meeting the requirements of Subpart E in a timely manner, not to exceed the
				time limitations set forth in a compliance schedule for development of a
				pretreatment program included in the POTW's NPDES permit.
c) The POTW must do the following:
1) Compile and submit data demonstrating its
				consistent removal;
2) Comply with
				the conditions specified in Section
				310.303; and
3) Submit a complete application for removal
				credit authority in accordance with Section
				310.340.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart C - REMOVAL CREDITS › Section 310.340 - Application for Removal Credits Authorization

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any POTW that wants to grant a removal
				credit may apply for authorization from the Agency.
b) The POTW must submit to the Agency an
				application for authorization to grant removal credits (or modify existing
				ones).
c) A POTW may apply for
				authorization to grant or modify removal credits at any time.
d) An application for authorization to grant
				removal credits must be supported by the following information:
1) A list of pollutants for which removal
				credits are proposed.
2) The data
				required pursuant to Section
				310.311.
3) Proposed revised discharge limits for each
				affected subcategory of industrial users calculated in accordance with Section
				310.310.
4) A certification that the POTW has an
				approved local pretreatment program or qualifies for the exception to this
				requirement under Section
				310.330.
5) A specific description of the POTW's
				current method of using or disposing of its sludge and a certification that the
				granting of removal credits will not cause a violation of the sludge
				requirements identified in Section
				310.303(d).
6) A certification that the granting of
				removal credits will not cause a violation of the POTW's NPDES permit limits
				and conditions as required in Section
				310.303(e).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart C - REMOVAL CREDITS › Section 310.341 - Agency Review

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency must review the POTW's application for
				  authorization to grant or modify removal credits in accordance with the
				  procedures of Sections
				  310.541 through
				  310.547.
BOARD NOTE: Derived from
					 40 CFR
					 403.7(e)(5) (2003).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart C - REMOVAL CREDITS › Section 310.343 - Assistance of POTW

Current through Register Vol. 48, No. 28, July 12, 2024
Nothing in this Part precludes an industrial user or other
				  interested party from assisting the POTW in preparing and presenting the
				  information necessary to apply for authorization.
BOARD NOTE: Derived from
					 40 CFR 403.7(e)(7)
					 (2003).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart C - REMOVAL CREDITS › Section 310.350 - Continuation of Authorization

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Inclusion in POTW Permit. Once a POTW has received authorization to grant
				removal credits for a particular pollutant regulated in a categorical
				pretreatment standard it may automatically extend that removal credit to the
				same pollutant when it is regulated in other categorical standards, unless
				granting the removal credit will cause the POTW to violate the sludge
				requirements identified in Section
				310.303(d) or
				its NPDES permit limitations and conditions as required by Section
				310.303(e). If
				a POTW elects at a later time to extend removal credits to a certain
				categorical pretreatment standard, industrial subcategory, or one or more
				industrial users that initially were not granted removal credits, it must
				notify the Agency.
b) Compliance
				Monitoring. Once authority is granted, the removal credits must be included in
				the POTW's NPDES permit as soon as possible and must become an enforceable
				requirement of the POTW's NPDES permit. The removal credits will remain in
				effect for the term of the POTW's NPDES permit if the POTW maintains compliance
				with the conditions specified in Section
				310.351.
c) Modification or Withdrawal of Removal
				Credits. Following authorization to grant removal credits, a POTW must continue
				to monitor and report the POTW's removal capabilities at intervals specified by
				the Agency in the pretreatment program and NPDES permit, but in no case less
				than once per year. The Agency must require a minimum of one representative
				sample per month during the reporting period. The POTW must include all
				sampling data in the POTW's compliance report.
BOARD NOTE: Derived from
					 40 CFR
					 403.7(f)(1) through (f)(3)
					 (2003).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart C - REMOVAL CREDITS › Section 310.351 - Modification or Withdrawal of Removal Credits

Current through Register Vol. 48, No. 28, July 12, 2024
a) Notice to POTW. The Agency must notify the
				POTW if, on the basis of pollutant removal capability reports received pursuant
				to Section 310.350(c) or
				other information available to it, the Agency determines:
1) That one or more of the discharge limits
				revisions made by the POTW, or the POTW itself, no longer meets the
				requirements of this Subpart; or
2)
				That such discharge limit revisions are causing or significantly contributing
				to a violation of any conditions or limits contained in the POTW's NPDES
				permit. A revised discharge limit is significantly contributing to a violation
				of the POTW's permit if it satisfies the definition of pass through or
				interference as defined in Section
				310.110.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart D - PRETREATMENT PERMITS › Section 310.400 - Preamble

Current through Register Vol. 48, No. 28, July 12, 2024
a) Subpart D
				contains rules for the issuance of pretreatment permits by the Agency when the
				Agency is acting as the Control Authority. Subpart D does not apply if the POTW
				is the Control Authority.
b)
				Industrial users with pretreatment permits are not required to have operating
				permits under Subpart B of 35 Ill. Adm. Code 309. However, sources may be
				required to have construction permits under Subpart B of 35 Ill. Adm. Code
				309.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart D - PRETREATMENT PERMITS › Section 310.401 - Pretreatment Permits

Current through Register Vol. 48, No. 28, July 12, 2024
a) An industrial
				user must not, without a pretreatment permit, discharge to a POTW, unless the
				discharge is to a POTW with a pretreatment program approved under Subpart
				E.
b) An industrial user that does
				not have a pretreatment permit must apply for a pretreatment permit within 30
				days after the Agency notifies the user that the user meets any of the
				following criteria:
1) The user has caused
				pass through or interference.
2)
				The user's discharge presents an imminent endangerment to the health or welfare
				of persons.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart D - PRETREATMENT PERMITS › Section 310.402 - Time to Apply

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any person
				required to have a pretreatment permit must file an application with the Agency
				at least 90 days before the date on which the permit is required.
b) Any permittee who wishes to continue to
				discharge after the expiration date of a pretreatment permit must apply for
				reissuance of the permit at least 90 days before the expiration date of the
				permit.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart D - PRETREATMENT PERMITS › Section 310.403 - Imminent Endangerment

Current through Register Vol. 48, No. 28, July 12, 2024
Under Section 34 of the Act [415 ILCS 5/34
				  ] the Agency must declare an emergency and seal any wastewater source or
				  discharge if it determines that the discharge presents an imminent endangerment
				  to the health or welfare of persons.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart D - PRETREATMENT PERMITS › Section 310.410 - Application

Current through Register Vol. 48, No. 28, July 12, 2024
a) Applications for
				pretreatment permits must include the following information:
1) The location of the wastewater source and
				discharge;
2) The location of the
				sewer to which the industrial user will discharge;
3) The POTW and treatment works that will
				receive the discharge;
4) The
				volume discharged;
5) A description
				of the wastewater before any pretreatment and before discharge, including a
				statement as to the presence or absence of all contaminants for which
				pretreatment requirements have been established in 35 Ill. Adm. Code
				307;
6) Any projected changes in
				the volume or description of the wastewater that the industrial user desires to
				have included in the terms of the permit;
7) A certification of capacity to transport
				and treat the wastewater as specified in Section
				310.411; and
8) Such additional information as the Agency
				determines is necessary to determine whether the industrial user will meet the
				requirements of this Part and 35 Ill. Adm. Code 307.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart D - PRETREATMENT PERMITS › Section 310.411 - Certification of Capacity

Current through Register Vol. 48, No. 28, July 12, 2024
The industrial user must obtain from the POTW and from the
				  owners of any intermediate sewers that will receive the wastewater a signed
				  statement certifying that they have adequate capacity to treat and transport
				  the wastewater without violating any provisions of any NPDES permit, this Part,
				  or 35 Ill. Adm. Code 302, 304, 307, or 309.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart D - PRETREATMENT PERMITS › Section 310.412 - Signatures

Current through Register Vol. 48, No. 28, July 12, 2024
a) If a corporation
				submits an application, one of the following persons must sign the application:
1) A principal executive officer of at least
				the level of vice president; or
2)
				An authorized agent of the corporation, if the agent is responsible for the
				overall operation of the wastewater source.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart D - PRETREATMENT PERMITS › Section 310.413 - Site Visit

Current through Register Vol. 48, No. 28, July 12, 2024
If the Agency determines that a site visit is necessary for
				  the Agency to evaluate the application, it must notify the applicant within 30
				  days after receiving the application and arrange to visit the site. Failure to
				  allow a site visit renders the application incomplete.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart D - PRETREATMENT PERMITS › Section 310.414 - Completeness

Current through Register Vol. 48, No. 28, July 12, 2024
a) An application
				must be deemed filed when the Agency receives all information, documents, and
				authorizations in the form specified in this Part.
b) The Agency must notify applicants of
				incomplete applications within 30 days after the Agency receives the
				application.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart D - PRETREATMENT PERMITS › Section 310.415 - Time Limits

Current through Register Vol. 48, No. 28, July 12, 2024
a) If a
				permittee files a timely application for renewal of an existing pretreatment
				permit, the existing permit must continue until the Agency takes final action
				on the new application.
b) If the
				Agency fails to take action on an application for a new permit within 90 days
				after it receives the application, the applicant may deem the permit issued for
				a period of one year from the end of the 90 day period. This excuses the
				applicant only from the requirement to obtain a permit.