reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart D - PRETREATMENT PERMITS › Section 310.420 - Standard for Issuance

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency must issue a pretreatment permit to the industrial
				  user in either of the following circumstances:
a) If the industrial user demonstrates that
				the discharge will meet the requirements and standards of this Part and 35 Ill.
				Adm. Code 307; or
b) If the Agency
				imposes in the pretreatment permit conditions sufficient to assure future
				compliance with the requirements and standards of this Part and 35 Ill. Adm.
				Code 307, including a schedule of compliance under Section
				310.432.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart D - PRETREATMENT PERMITS › Section 310.421 - Final Action

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the Agency
				denies a pretreatment permit, it must send the applicant a written statement of
				the reasons for denial, as provided by Section 39(a) of the Act [415 ILCS
				5/39(a) ].
b) The date of the Agency's final action must
				be the date the pretreatment permit or statement of reasons for denial is
				mailed to the applicant.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart D - PRETREATMENT PERMITS › Section 310.430 - Conditions

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency must impose the following conditions in each
				  permit:
a) Discharge limitations based
				on 35 Ill. Adm. Code 307.
b) More
				stringent discharge limitations based the ability of the POTW to treat the
				discharge without interference or pass through.
c) Requirements that the industrial user
				collect and analyze samples of the discharge.
d) Requirements that the industrial user
				report the results of sample analysis to the Agency.
e) Requirements that the industrial user
				allow authorized representatives of the Agency, at reasonable times, upon
				presentation of credentials, to inspect its premises and collect samples of the
				discharge.
f) An expiration date,
				as specified in Section
				310.431.
g) If the applicant does not demonstrate
				compliance with this Part and 35 Ill. Adm. Code 307, a schedule of compliance
				as specified in Section
				310.432.
h) A requirement that the applicant file an
				application to modify the permit when notified under Section
				310.442.
i) Such additional conditions as the Agency
				determines are necessary to assure that the discharge complies with 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 310.431 - Duration of Permits

Current through Register Vol. 48, No. 28, July 12, 2024
No pretreatment permit may have a duration longer than five
				  years. In establishing earlier expiration dates, the Agency must consider the
				  following:
a) Coordination with future
				compliance deadlines;
b)
				Maintenance of intensive control over new or experimental processes;
				and
c) Whether the permit addresses
				an emergency situation.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart D - PRETREATMENT PERMITS › Section 310.432 - Schedules of Compliance

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Agency must establish a schedule of compliance in any pretreatment permit
				unless the industrial user demonstrates compliance with this Part and 35 Ill.
				Adm. Code 307.
b) Schedules of
				compliance must require the permittee to take specific steps to achieve
				compliance within the shortest practicable period of time, and must be
				consistent with requirements in the Clean Water Act and
				40 CFR
				403, incorporated by reference in Section
				310.107.
c) The schedule of compliance must contain
				the following:
1) Increments of progress in
				the form of dates to commence and complete major events leading to the
				construction and operation of additional pretreatment required to meet the
				standards of 35 Ill. Adm. Code 307. No increment of progress may exceed nine
				months.
2) A requirement that the
				industrial user submit progress reports no later than 14 days following each
				date in the schedule, including the final date for compliance. The progress
				report must include, at a minimum, the following:
A) Whether or not the industrial user met the
				date specified in the schedule of compliance; and
B) If the industrial user did not meet the
				dates, the date on which the user expects to accomplish this increment of
				progress, the reason for the delay and steps being taken to return construction
				to the schedule of compliance.
3) A requirement that in no event may more
				than nine months elapse between progress reports.
4) A statement that the schedule of
				compliance does not protect the industrial user from enforcement.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart D - PRETREATMENT PERMITS › Section 310.442 - Modification

Current through Register Vol. 48, No. 28, July 12, 2024
a) The permittee
				may request modification of the permit at any time by filing an
				application.
b) If the Agency finds
				new information or if the Board adopts new regulations relevant to the permit,
				the Agency must notify the permittee that it intends to modify the permit. The
				Agency must give the permittee the opportunity to file a new application before
				it modifies the permit.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart D - PRETREATMENT PERMITS › Section 310.443 - Revocation

Current through Register Vol. 48, No. 28, July 12, 2024
The Board may revoke a pretreatment permit under Section 33
				  of the Act [415 ILCS 5/33 ] and 35 Ill. Adm.
				  Code 103. Causes for revocation of a permit include:
a) Violating permit conditions, including
				schedules of compliance, monitoring, and inspection;
b) Obtaining a permit by misrepresentation or
				failure to disclose fully all relevant facts; or
c) A change in circumstances that mandates
				either a temporary or permanent reduction or elimination of the
				discharge.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart D - PRETREATMENT PERMITS › Section 310.444 - Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
Within 35 days after final Agency action, the applicant may
				  appeal the denial of a pretreatment permit, or the issuance of a pretreatment
				  permit with conditions, to the Board pursuant to Section 40 of the Act
				  [415 ILCS
				  5/40 ] and 35 Ill. Adm. Code 105.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart E - POTW PRETREATMENT PROGRAMS › Section 310.501 - Pretreatment Programs Required

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The Agency must require any POTW (or combination of POTWs operated by the same
				authority) with a total design flow greater than five million gallons per day
				(mgd) that receives discharges that fulfill either of the following conditions
				to establish a pretreatment program:
1) The
				POTW receives discharges from industrial users that pass through or interfere
				with the operation of the POTW; or
2) The POTW receives discharges from
				industrial users that are otherwise subject to categorical standards in 35 Ill.
				Adm. Code 307.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart E - POTW PRETREATMENT PROGRAMS › Section 310.502 - Deadline for Program Approval

Current through Register Vol. 48, No. 28, July 12, 2024
A POTW that meets the criteria of Section
				  310.501
				  must receive approval of a POTW pretreatment program no later than one year
				  after the issuance, reissuance, or renewal of the POTW's NPDES permit to
				  require development of a pretreatment program. The POTW pretreatment program
				  must meet the criteria set forth in Section
				  310.510
				  and must be administered by the POTW to ensure compliance by industrial users
				  with applicable pretreatment standards and requirements.
BOARD NOTE: Derived from
					 40
					 CFR 403.8(b)
					 (2003).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart E - POTW PRETREATMENT PROGRAMS › Section 310.503 - Incorporation of Approved Programs in Permits

Current through Register Vol. 48, No. 28, July 12, 2024
A POTW may develop an appropriate POTW pretreatment program
				  any time before the time limit set forth in Section
				  310.502. The approved POTW
				  pretreatment program must be incorporated into the POTW's NPDES permit. The
				  modification of a POTW's NPDES permit for the purposes of incorporating a POTW
				  pretreatment program approved in accordance with the procedure in Sections
				  310.541 through
				  310.547 must be deemed a minor
				  permit modification subject to Section
				  310.442.
BOARD NOTE: Derived from
					 40 CFR
					 403.8(c) (2003).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart E - POTW PRETREATMENT PROGRAMS › Section 310.504 - Incorporation of Compliance Schedules in Permits

Current through Register Vol. 48, No. 28, July 12, 2024
If the POTW does not have an approved pretreatment program at
				  the time the POTW's existing NPDES permit is reissued or modified, the reissued
				  or modified permit must contain the shortest reasonable compliance schedule,
				  not to exceed one year, for the approval of the legal authority, procedures and
				  funding required by Section
				  310.510.
				  The schedule of compliance does not protect the POTW from enforcement.
BOARD NOTE: Derived from
					 40
					 CFR 403.8(d)
					 (2003).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart E - POTW PRETREATMENT PROGRAMS › Section 310.505 - Reissuance or Modification of Permits

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency must modify or, alternatively, reissue a POTW's
				  NPDES permit in order to accomplish any of the following:
a) Put the POTW on a compliance schedule for
				the development of a POTW pretreatment program where the addition of pollutants
				into a POTW by an industrial user or combination of industrial users presents a
				substantial hazard to the functioning of the treatment works, quality of the
				receiving waters, human health, or the environment;
b) Incorporate an approve POTW pretreatment
				program in the POTW permit;
c)
				Incorporate a compliance schedule for the development of a POTW pretreatment
				program in the POTW permit; or
d)
				Incorporate the removal credits established under Subpart C of this Part in the
				POTW permit.
BOARD NOTE: Derived from
					 40
					 CFR 403.8(e)
					 (2003).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart E - POTW PRETREATMENT PROGRAMS › Section 310.511 - Receiving Electronic Documents

Current through Register Vol. 48, No. 28, July 12, 2024
A POTW that chooses to receive electronic documents must
				  satisfy the requirements of Section
				  310.106.
BOARD NOTE: Derived from
					 40
					 CFR 403.8(g), as added at 70
					 Fed. Reg. 59848 (Oct. 13, 2005).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart E - POTW PRETREATMENT PROGRAMS › Section 310.521 - Program Approval

Current through Register Vol. 48, No. 28, July 12, 2024
A POTW requesting approval of a POTW pretreatment program
				  must develop a program description that includes the information set forth in
				  Section
				  310.522(a) through
				  (d). This description must be submitted to
				  the Agency, which will make a determination on the request for program approval
				  in accordance with the procedures described in Sections
				  310.540
				  through
				  310.546.
BOARD NOTE: Derived from
					 40
					 CFR 403.9(a)
					 (2003).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart E - POTW PRETREATMENT PROGRAMS › Section 310.522 - Contents of Program Submission

Current through Register Vol. 48, No. 28, July 12, 2024
The program description must contain the following
				  information:
a) A statement from the
				attorney or other official acting in a comparable capacity for the unit of
				local government that the POTW has authority adequate to carry out the programs
				described in Sections
				310.501 through
				310.510. This statement must do
				the following:
1) Identify the provision of
				the legal authority under Section
				310.510(a) that
				provides the basis for each procedure under Section
				310.510(b);
2) Identify how the POTW will implement the
				program requirements set forth in Sections
				310.501 through 310.510,
				including how pretreatment standards will be applied to individual industrial
				users (e.g., by order, permit, ordinance, etc.); and
3) Identify how the POTW intends to ensure
				compliance with pretreatment standards and requirements and to enforce them if
				industrial users fail to comply;
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart E - POTW PRETREATMENT PROGRAMS › Section 310.524 - Content of Removal Allowance Submission

Current through Register Vol. 48, No. 28, July 12, 2024
The request for authority to revise categorical pretreatment
				  standards must contain the information required in Section
				  310.340.
BOARD NOTE: Derived from
					 40 CFR
					 403.9(d)
					 (2003).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart E - POTW PRETREATMENT PROGRAMS › Section 310.531 - Agency Action

Current through Register Vol. 48, No. 28, July 12, 2024
Any POTW requesting POTW pretreatment program approval must
				  submit to the Agency three copies of the submission described in Section
				  310.522, and, if appropriate,
				  Section 310.524. Within 60 days after
				  receiving the submission, the Agency must make a preliminary determination of
				  whether the submission meets the requirements of Section
				  310.522 and, if appropriate,
				  Section 310.524. If the Agency makes the preliminary determination that the
				  submission meets these requirements, the Agency must do the following:
a) Notify the POTW that the submission has
				been received and is under review; and
b) Commence the public notice and evaluation
				activities set forth in Sections
				310.540 through
				310.546.
BOARD NOTE: Derived from
					 40 CFR
					 403.9(e)
					 (2003).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart E - POTW PRETREATMENT PROGRAMS › Section 310.532 - Defective Submission

Current through Register Vol. 48, No. 28, July 12, 2024
If, after reviewing the submission under Section
				  310.531, the Agency determines
				  that the submission does not comply with the requirements of Section
				  310.522, or, if appropriate,
				  Section 310.524, the Agency must provide
				  notice in writing to the applying POTW and each person who has requested
				  individual notice. This notification must identify any defects in the
				  submission and advise how the POTW can comply with the applicable requirements
				  of Section 310.522 and, if appropriate,
				  Section 310.524.
BOARD NOTE: Derived from
					 40 CFR
					 403.9(f)
					 (2003).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart E - POTW PRETREATMENT PROGRAMS › Section 310.533 - Water Quality Management

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency must review POTW pretreatment programs to assure
				  consistency with water quality management plans.
BOARD NOTE: Derived from
					 40
					 CFR 403.9(g)
					 (2003).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart E - POTW PRETREATMENT PROGRAMS › Section 310.541 - Deadline for Review

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency has 90 days from the date of public notice of any
				  submission complying with the requirements of Section
				  310.522, and, if removal credit
				  authorization is sought, with Sections
				  310.340 and
				  310.524, to review the
				  submission. The Agency must review the submission to determine compliance with
				  the requirements of Sections
				  310.502 and
				  310.510, and, if removal credit
				  authorization is sought, with Subpart C. The Agency may have up to an
				  additional 90 days to complete the evaluation of the submission if the public
				  comment period provided for in Section
				  310.542(a)(2)
				  is extended beyond 30 days or if a public hearing is held as provided for in
				  Section 310.542(b). In
				  no event, however, may the time for evaluation of the submission exceed a total
				  of 180 days from the date of public notice of a submission meeting the
				  requirements of Section
				  310.522 and, in the case of a
				  removal credit application, Sections
				  310.522 and
				  310.524.
BOARD NOTE: Derived from
					 40 CFR
					 403.11(a)
					 (2003).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart E - POTW PRETREATMENT PROGRAMS › Section 310.542 - Public Notice and Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
Upon receiving a submission, the Agency must commence its
				  review. Within 20 work days after determining that a submission meets the
				  requirements of Section
				  310.522, and, where removal
				  allowance approval is sought, Sections
				  310.340 and
				  310.524, the Agency must perform
				  the following actions:
a) Issue a
				public notice of request for approval of the submission.
1) This public notice must be circulated in a
				manner designed to inform interested and potentially interested persons of the
				submission. Procedures for the circulation of public notice must include the
				following actions:
A) Mailing notices of the
				request for approval of the submission to the following entities:
i) Federal agencies as designated by
				USEPA;
ii) Regional planning
				agencies that participate in development of water quality management plans
				(unless such agencies have specifically requested not to receive such notices);
				and
iii) Any other person or group
				who has requested individual notice, including those on appropriate mailing
				lists; and
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart E - POTW PRETREATMENT PROGRAMS › Section 310.543 - Agency Decision

Current through Register Vol. 48, No. 28, July 12, 2024
At the end of the 30-day (or extended) comment period and
				  within the 90-day (or extended) period provided for in Section
				  310.541, the Agency must approve
				  or deny the submission based upon the evaluation in Section
				  310.541 and considering comments
				  submitted during the comment period and the record of the public hearing, if
				  held. If the Agency decides to deny the request, the Agency must so notify the
				  POTW and each person who has requested individual notice. This notification
				  must include suggested modifications and the Agency may allow the requestor
				  additional time to bring the submission into compliance with applicable
				  requirements.
BOARD NOTE: Derived from
					 40 CFR
					 403.11(c)
					 (2003).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart E - POTW PRETREATMENT PROGRAMS › Section 310.544 - USEPA Objection

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency must not approve any pretreatment program or
				  authorization to grant removal credits to which USEPA objects pursuant to
				  40
				  CFR 403.11(d) (2003). The
				  POTW may contest such an objection only as provided by USEPA rules and
				  procedures.
BOARD NOTE: Derived from
					 40
					 CFR 403.11(d)
					 (2003).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart E - POTW PRETREATMENT PROGRAMS › Section 310.545 - Notice of Decision

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency must notify those persons who submitted comments
				  and participated in the public hearings, if held, of the approval or
				  disapproval of the submission. In addition, the Agency must cause to be
				  published a notice of approval or disapproval in the same newspaper as the
				  original notice of request for approval of the submission was published. The
				  Agency must identify, in any notice of POTW pretreatment program approval, any
				  authorization to modify categorical pretreatment standards that the POTW may
				  make in accordance with Subpart C for removal of pollutants subject to
				  pretreatment standards.
BOARD NOTE: Derived from
					 40 CFR
					 403.11(e)
					 (2003).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart E - POTW PRETREATMENT PROGRAMS › Section 310.546 - Public Access to Submission

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency must ensure that the submission and any comments
				  upon such submission are available to the public for inspection and
				  copying.
BOARD NOTE: Derived from
					 40
					 CFR 403.11(f)
					 (2003).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart E - POTW PRETREATMENT PROGRAMS › Section 310.547 - Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
Any final Agency action refusing to approve, or approving
				  with conditions, a pretreatment program, may be appealed to the Board as part
				  of an appeal of the Agency's action on the NPDES permit
				  application.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart F - REPORTING REQUIREMENTS › Section 310.602 - Baseline Report

Current through Register Vol. 48, No. 28, July 12, 2024
Within the time limits specified in subsection (h), existing
				  industrial users subject to such categorical pretreatment standards and
				  currently discharging to or scheduled to discharge to a POTW must submit to the
				  Control Authority a report that contains the information listed in subsections
				  (a) through (g). New sources, and sources that become industrial users after an
				  applicable categorical standard is promulgated, must submit to the Control
				  Authority a report that contains the information listed in subsections (a)
				  through (e). If reports containing this information already have been submitted
				  to the USEPA in compliance with
				  40 CFR
				  128.140(b) (1977), the
				  industrial user must not be required to submit this information again. New
				  sources must also include in the report information on the method of
				  pretreatment the source intended to use to meet applicable pretreatment
				  standards. New sources must give estimates of the information requested in
				  subsections (d) and (e).
a)
				Identifying Information. The industrial user must submit the name and address
				of the facility including the name of the operator and owners.
b) Permits. The industrial user must submit a
				list of any environmental control permits held by or for the
				facility.
c) Description of
				Operations. The industrial user must submit a brief description of the nature,
				average rate of production, and standard industrial classification (SIC Code)
				of the operations carried out by such industrial user, as determined using the
				Standard Industrial Classification Manual, incorporated by reference in Section
				310.107(a).
				This description should include a schematic process diagram that indicates
				points of discharge to the POTW from the regulated processes.
d) Flow Measurement. The industrial user must
				submit information that shows the measured average daily and maximum daily
				flow, in gallons per day, to the POTW from each of the following:
1) Regulated process streams; and
2) Other streams as necessary to allow use of
				the combined waste stream formula of Section
				310.233. (See subsection
				(e)(4).)
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart F - REPORTING REQUIREMENTS › Section 310.603 - Compliance Schedule

Current through Register Vol. 48, No. 28, July 12, 2024
The following conditions apply to the schedule required by
				  Section 310.602(g):
a) The schedule must contain increments of
				progress in the form of dates for the commencement and completion of major
				events leading to the construction and operation of additional pretreatment
				required for the industrial user to meet the applicable categorical
				pretreatment standards (e.g., hiring an engineer, completing preliminary plans,
				completing final plans, executing a contract for major components, commencing
				construction, completing construction, etc.).
b) No increment referred to in subsection (a)
				may exceed nine months.
c) Not
				later than 14 days following each date in the schedule and the final date for
				compliance, the industrial user must submit a progress report to the Control
				Authority including, at a minimum, whether or not it complied with the
				increment of progress to be met on such date and, if not, the date on which it
				expects to comply with this increment of progress, the reasons for delay, and
				the steps being taken by the industrial user to return the construction to the
				schedule established. In no event may more than nine months elapse between such
				progress reports to the Control Authority.
BOARD NOTE: Derived from
					 40 CFR
					 403.12(c)
					 (2003).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart F - REPORTING REQUIREMENTS › Section 310.604 - Report on Compliance with Deadline

Current through Register Vol. 48, No. 28, July 12, 2024
Within 90 days following the date for final compliance with
				  applicable categorical pretreatment standards or, in the case of a new source,
				  following commencement of the introduction of wastewater into the POTW, any
				  industrial user subject to pretreatment standards and requirements must submit
				  to the Control Authority a report containing the information described in
				  Sections 310.602(d) through
				  (f). For industrial users subject to
				  equivalent mass or concentration limits established by the Control Authority in
				  accordance with procedures in Sections
				  310.230, this report must
				  contain a reasonable measure of the user's long-term production rate. For all
				  other industrial users subject to categorical pretreatment standards expressed
				  in terms of allowable pollutant discharge per unit of production (or another
				  measure of operation), this report must include the user's actual production
				  during the appropriate sampling period.
BOARD NOTE: Derived from
					 40 CFR
					 403.12(d)
					 (2003).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart F - REPORTING REQUIREMENTS › Section 310.606 - Notice of Potential Problems

Current through Register Vol. 48, No. 28, July 12, 2024
All categorical and non-categorical industrial users must
				  notify the POTW immediately of all discharges that could cause problems to the
				  POTW, including any slug loadings, as defined by Section
				  310.202 and
				  35 Ill. Adm. Code
				  307.1101,
				  by the industrial user.
BOARD NOTE: Derived from
					 40 CFR
					 403.12(f)
					 (2003).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart F - REPORTING REQUIREMENTS › Section 310.610 - Monitoring and Analysis

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except
				in the case of a non-significant categorical user, the reports required in
				Sections 310.602(e),
				310.604,
				310.605, and
				310.611 must contain the results
				of sampling and analysis of the discharge, including the flow and the nature
				and concentration, or production and mass if requested by the Control
				Authority, of pollutants contained in the discharge that are limited by the
				applicable pretreatment standards. This sampling and analysis may be performed
				by the Control Authority instead of the industrial user. If the POTW performs
				the required sampling and analysis instead of the industrial user, the user is
				not required to submit the compliance certification required under Sections
				310.602(f) and
				310.604. In addition, if the POTW itself collects all the information required
				for the report, including flow data, the industrial user is not required to
				submit the report.
b) If sampling
				performed by an industrial user indicates a violation, the user must notify the
				Control Authority within 24 hours after becoming aware of the violation. The
				user must also repeat the sampling and analysis and submit the results of the
				repeat analysis to the Control Authority within 30 days after becoming aware of
				the violation. If the Control Authority has performed the sampling and analysis
				in lieu of the industrial user, the Control Authority must perform the repeat
				sampling and analysis, unless it notifies the industrial user of the violation
				and requires the industrial user to perform the repeat analysis. Resampling is
				not required if the following conditions are fulfilled:
1) The Control Authority performs sampling at
				the industrial user at a frequency of at least once per month; or
2) The Control Authority performs sampling at
				the user between the time when the initial sampling was conducted and the time
				when the industrial user or the Control Authority receives the results of this
				sampling.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart F - REPORTING REQUIREMENTS › Section 310.611 - Requirements for Non-Categorical Users

Current through Register Vol. 48, No. 28, July 12, 2024
The Control Authority must require appropriate reporting from
				  those industrial users with discharges that are not subject to categorical
				  pretreatment standards. Significant non-categorical industrial users must
				  submit to the Control Authority at least once every six months (on dates
				  specified by the Control Authority) a description of the nature, concentration,
				  and flow of the pollutants required to be reported by the Control Authority. If
				  a local limit requires compliance with a best management practice or pollution
				  prevention alternative, the industrial user must submit documentation required
				  by the Control Authority to determine the compliance status of the industrial
				  user. These reports must be based on sampling and analysis performed in the
				  period covered by the report and in accordance with the techniques described in
				  40 CFR
				  136, incorporated by reference at Section
				  310.107. For this Section,
				  "significant non-categorical industrial user" means a significant industrial
				  user that is not subject to categorical pretreatment standards. For an
				  industrial user for which USEPA or the Agency is the Control Authority, as of
				  December 21, 2025 or a USEPA-approved alternative date (see
				  40 CFR
				  127.24(e) or (f)), all
				  reports submitted in compliance with this Subpart F must be submitted
				  electronically by the industrial user to the Control Authority or initial
				  recipient, as defined in Section
				  310.106(b)(2),
				  in compliance with this Subpart F and Section 310.106.
BOARD NOTE: Derived from
					 40 CFR
					 403.12(h).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart F - REPORTING REQUIREMENTS › Section 310.612 - Annual POTW Reports

Current through Register Vol. 48, No. 28, July 12, 2024
POTWs with approved pretreatment programs must provide the
				  Approval Authority with a report that briefly describes the POTW's program
				  activities, including activities of all participating agencies, if more than
				  one jurisdiction is involved in the local program. The report required by this
				  Section must be submitted no later than one year after approval of the POTW's
				  pretreatment program and at least annually thereafter. The report must include,
				  at a minimum, the applicable required data in appendix A to 40 CFR 127,
				  incorporated by reference in Section
				  310.107.
				  The report required by this Subpart F must also include a summary of changes to
				  the POTW's pretreatment program that have not been previously reported to the
				  Approval Authority and any other relevant information requested by the Approval
				  Authority. As of December 21, 2025 or a USEPA-approved alternative date (see
				  40
				  CFR 127.24(e) or (f)), all
				  annual reports submitted in compliance with this Subpart F must be submitted
				  electronically by the POTW pretreatment program to the Approval Authority or
				  initial recipient, as defined in Section
				  310.106(b)(2),
				  in compliance with this Subpart F and Section 310.106.
BOARD NOTE: Derived from
					 40 CFR
					 403.12(i).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart F - REPORTING REQUIREMENTS › Section 310.613 - Notification of Changed Discharge

Current through Register Vol. 48, No. 28, July 12, 2024
An industrial user must promptly notify the Control Authority
				  (and the POTW if the POTW is not the Control Authority) in advance of any
				  substantial change in the volume or character of pollutants in its discharge,
				  including the listed or characteristic hazardous wastes for which the
				  industrial user has submitted initial notification under Section
				  310.635.
BOARD NOTE: Derived from
					 40 CFR
					 403.12(j) (2005), as amended
					 at 70 Fed. Reg. 60134 (Oct. 14,
					 2005).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart F - REPORTING REQUIREMENTS › Section 310.621 - Compliance Schedule for POTWs

Current through Register Vol. 48, No. 28, July 12, 2024
The following conditions and reporting requirements must
				  apply to the compliance schedule for the development of an approvable POTW
				  pretreatment program required by Sections
				  310.501 through
				  310.510.
a) The schedule must contain increments of
				progress in the form of dates for the commencement and completion of major
				events leading to the development and implementation of a POTW pretreatment
				program (e.g., acquiring required authorities, developing funding mechanisms,
				acquiring equipment);
b) No
				increment referred to in subsection (a) may exceed nine months;
c) Not later than 14 days following each date
				in the schedule and the final date for compliance, the POTW must submit a
				progress report to the Agency including as a minimum, whether or not it
				complied with the increment of progress to be met on such date and, if not, the
				date on which it expects to comply with this increment of progress, the reason
				for the delay, and the steps taken by the POTW to return to the schedule
				established. In no event may more than nine months elapse between such progress
				reports to the Agency.
BOARD NOTE: Derived from
					 40 CFR
					 403.12(k) (2005), as amended
					 at 70 Fed. Reg. 60134 (Oct. 14, 2005).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart F - REPORTING REQUIREMENTS › Section 310.631 - Signatory Requirements for Industrial User Reports

Current through Register Vol. 48, No. 28, July 12, 2024
The reports required by Sections
				  310.602,
				  310.604, and
				  310.605 must include the
				  certification statement as set forth in Section
				  310.221(b)(2)
				  and must be signed as follows:
a) By a
				responsible corporate officer, if the industrial user submitting the reports
				required in Sections 310.602, 310.604, and 310.605 is a corporation. For this
				Section, a responsible corporate officer means one of the following:
1) A president, secretary, treasurer, or
				vice-president of the corporation in charge of a principal business function or
				any other person who performs similar policy or decision-making functions for
				the corporation; or
2) The manager
				of one or more manufacturing, production, or operating facilities if, the
				manager is authorized to make management decisions that govern the operation of
				the regulated facility, including having the explicit or implicit duty of
				making major capital investment recommendations, and initiating and directing
				other comprehensive measures to assure long-term environmental compliance with
				environmental laws and regulations; the manager can ensure that the necessary
				systems are established or actions taken to gather complete and accurate
				information for control mechanism requirements; and authority to sign documents
				has been assigned or delegated to the manager in accordance with corporate
				procedures.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart F - REPORTING REQUIREMENTS › Section 310.632 - Signatory Requirements for POTW Reports

Current through Register Vol. 48, No. 28, July 12, 2024
Reports submitted to the Agency by the POTW in accordance
				  with Section 310.612 must be signed by a
				  principal executive officer, ranking elected official, or another duly
				  authorized employee. The duly authorized employee must be an individual or
				  position having responsibility for the overall operation of the facility or the
				  pretreatment program. This authorization must be made in writing by the
				  principal executive officer or ranking elected official and submitted to the
				  Approval Authority prior to or together with the report being
				  submitted.
BOARD NOTE: Derived from
					 40 CFR
					 403.12(m) (2005), as amended
					 at 70 Fed. Reg. 60134 (Oct. 14, 2005).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart F - REPORTING REQUIREMENTS › Section 310.633 - Fraud and False Statements

Current through Register Vol. 48, No. 28, July 12, 2024
The reports required by this Subpart are subject to Section
				  1001 of Crimes and Criminal Procedure (18 U.S.C. 1001), incorporated by
				  reference in Section 310.107, relating to fraud and
				  false statements; section 309(c)(4) of the CWA (33 U.S.C.
				  1319(c)(4)), incorporated by
				  reference in Section 310.107(c),
				  governing false statements, representations, or certifications in reports
				  required under the CWA; section 309(c)(6) of the CWA (33 U.S.C.
				  1319(c)(6)), incorporated by
				  reference in Section 310.107(c),
				  regarding responsible corporate officers; and to Title XII of the Act.
BOARD NOTE: Derived from
					 40 CFR
					 403.12(n)
					 (2005).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart F - REPORTING REQUIREMENTS › Section 310.634 - Recordkeeping Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any
				industrial user and POTW subject to the reporting requirements established in
				this Subpart must maintain records of all information resulting from any
				monitoring activities required by this Subpart F, including documentation
				associated with best management practices. Such records must include the
				following information for all samples:
1) The
				date, exact place, method, and time of sampling, and the names of the person or
				persons taking the samples;
2) The
				dates analyses were performed;
3)
				Who performed the analyses;
4) The
				analytical techniques/methods used; and
5) The results of such analyses.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart F - REPORTING REQUIREMENTS › Section 310.635 - Notification of Discharge of Hazardous Waste

Current through Register Vol. 48, No. 28, July 12, 2024
a) Requirement for Notification
1) The industrial user must notify the POTW;
				the Director, Waste Management Division, USEPA Region 5, 230 South Dearborn
				Street, Chicago, Illinois 60604; and the Manager, Division of Land Pollution
				Control, Illinois Environmental Protection Agency, 1021 North Grand Avenue
				East, P.O. Box 19276, Springfield, Illinois 62794-9276, in writing of any
				discharge into the POTW of a substance, which, if otherwise disposed of, would
				be a hazardous waste under 35 Ill. Adm. Code 721. Such notification must
				include the name of the hazardous waste as set forth in 35 Ill. Adm. Code 721,
				the USEPA hazardous waste number, and the type of discharge (continuous, batch,
				or other). If the industrial user discharges more than 100 kilograms of such
				waste per calendar month to the POTW, the notification must also contain the
				following information to the extent such information is known and readily
				available to the industrial user:
A) An
				identification of the hazardous constituents contained in the wastes;
B) An estimation of the mass and
				concentration of such constituents in the waste stream discharged during that
				calendar month; and
C) An
				estimation of the mass of constituents in the waste stream expected to be
				discharged during the following 12 months.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart F - REPORTING REQUIREMENTS › Section 310.636 - Annual Certification by Non-Significant Categorical Users

Current through Register Vol. 48, No. 28, July 12, 2024
A facility defined as a non-significant categorical
				  industrial user in Section
				  310.110 must
				  annually submit the following certification statement, signed in accordance
				  with the signatory requirements in Section
				  310.631.
				  The following certification must accompany any alternative report required by
				  the Control Authority:
Based on my inquiry of the person or persons directly
				  responsible for managing compliance with the categorical pretreatment standards
				  under Subpart [Subpart number of the applicable national pretreatment standard]
				  of 35 Ill. Adm. Code 307, I certify that, to the best of my knowledge and
				  belief during the period from [insert beginning month, day, year], to [insert
				  ending month, day, year]:
a) The
				facility described as [insert facility name] met the definition of a
				non-significant categorical industrial user, as such is defined in 35 Ill. Adm.
				Code 310.110;
b) The facility
				complied with all applicable pretreatment standards and requirements during
				this reporting period; and
c) The
				facility never discharged more than 100 gallons of total categorical wastewater
				on any given day during this reporting period.
This compliance certification is based upon the following
				  information: [insert the information]
BOARD NOTE: Derived from
					 40 CFR
					 403.12(q), as added at 70
					 Fed. Reg. 60134 (Oct. 14, 2005).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart F - REPORTING REQUIREMENTS › Section 310.637 - Receiving Electronic Documents

Current through Register Vol. 48, No. 28, July 12, 2024
A Control Authority that chooses to receive electronic
				  documents must satisfy the requirements of Section
				  310.106.
BOARD NOTE: Derived from
					 40 CFR
					 403.12(r), as added at 70
					 Fed. Reg. 59848 (Oct. 13, 2005).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart G - FUNDAMENTALLY DIFFERENT FACTORS › Section 310.701 - Definition of Requester

Current through Register Vol. 48, No. 28, July 12, 2024
The term "requester" means an industrial user or a POTW or
				  other interested person seeking a fundamentally different factors (FDF)
				  determination from the limits specified in a categorical pretreatment
				  standard.
BOARD NOTE: Derived from
					 40
					 CFR 403.13(a)
					 (2003).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart G - FUNDAMENTALLY DIFFERENT FACTORS › Section 310.702 - Purpose and Scope

Current through Register Vol. 48, No. 28, July 12, 2024
It may be necessary on a case-by-case basis to adjust the
				  limits in categorical pretreatment standards, making them either more or less
				  stringent, as they apply to a certain industrial user within an industrial
				  category or subcategory. This will only be done if data specific to that
				  industrial user indicates it presents factors fundamentally different from
				  those considered by USEPA in developing the limit at issue. Any interested
				  person believing that factors relating to an industrial user are fundamentally
				  different from the factors considered during development of a categorical
				  pretreatment standard applicable to that user and further, that the existence
				  of those factors justifies a different discharge limit than specified in the
				  applicable categorical pretreatment standard, may request an FDF determination
				  under this Subpart G. Such a determination proceeding may be initiated by the
				  Agency also.
BOARD NOTE: Derived from
					 40
					 CFR 403.13(b)
					 (2003).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart G - FUNDAMENTALLY DIFFERENT FACTORS › Section 310.703 - Criteria

Current through Register Vol. 48, No. 28, July 12, 2024
a) General
				Criteria. A request for an FDF determination may be approved only if the
				following are true:
1) There is an applicable
				categorical pretreatment standard that specifically controls the pollutant for
				which alternative limits have been requested;
2) Factors relating to the discharge
				controlled by the categorical pretreatment standard are fundamentally different
				from the factors considered by USEPA in establishing the standards;
				and
3) The request for an FDF
				determination is made in accordance with the procedural requirements in Section
				310.711 and
				310.712.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart G - FUNDAMENTALLY DIFFERENT FACTORS › Section 310.704 - Fundamentally Different Factors

Current through Register Vol. 48, No. 28, July 12, 2024
Factors that may be considered fundamentally different are
				  the following:
a) The nature or
				quality of pollutants contained in the raw waste load of the industrial user's
				process wastewater;
b) The volume
				of the industrial user's process wastewater and effluent discharged;
c) Non-water quality environmental impact of
				control and treatment of the industrial user's raw waste load;
d) Energy requirements of the application of
				control and treatment technology;
e) Age, size, land availability, and
				configuration as they relate to the industrial user's equipment or facilities;
				processes employed; process changes; and engineering aspects of the application
				of control technology
BOARD NOTE: Derived from
					 40
					 CFR 403.13(d)
					 (2003).