Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 391 - DESIGN CRITERIA FOR SLUDGE APPLICATION ON LAND › Subpart E - SAMPLE COLLECTION AND ANALYSIS › Appendix A - Applicable Board Rules From 35 Ill. Adm. Code: Subtitle C, Chapter I

Current through Register Vol. 48, No. 28, July 12, 2024
Section
				  309.155
				  Terms and Conditions of NPDES Permits Concerning Sewage Sludge Disposal
In establishing the terms and conditions of each
				  issued NPDES permit, the Agency shall apply and ensure compliance with
				  applicable regulations promulgated under Section 405 of the CWA governing the
				  disposal of sewage sludge from treatment works.
Section
				  309.208
				  Permits for Sites Receiving Sludge for Land Application
a) A construction and an operating permit are
				  required under this Chapter for any site receiving sludge for land application
				  unless:
1) The site receives only livestock wastes;
				  or
2) The site receives only tank sludges generated
				  from domestic sources; or
3) The site is regulated under Parts 700 et seq.
				  of the Board's regulations; or
4) The site is specifically identified in an
				  approved sludge management scheme of an operating or NPDES permit issued by the
				  Agency and receives sludge exclusively from the permittee; or
5) All of the following conditions are satisfied:
A) The site is not specifically identified in an
				  NPDES or operating permit of any treatment works or pretreatment works but
				  receives sludge from a treatment works or pretreatment works which has a valid
				  operating permit issued by the Agency, or an NPDES permit with a sludge
				  management scheme approved by the Agency. The sludge generator shall inform the
				  user that this requirement has been met; and
B) The sludge user applies the sludge to less than
				  121 ha (300 acres) under common ownership or control in any year; and
C) The sludge is transported, stored and applied
				  by the user in compliance with the approved sludge management scheme of the
				  generator from which the user receives the sludge. Any person who intends to
				  transport, store or apply sludge in any manner other than that described in the
				  approved sludge management scheme must apply for a permit.
b) Notwithstanding subparagraphs (1) through (5)
				  of paragraph (a), the Agency may require a user receiving sludge for land
				  application to obtain a permit under this Section when the Agency determines
				  that special circumstances exist such that a permit is required to protect the
				  environment or the public health. In making its determination, the Agency shall
				  consider the following factors:
1) Where the sludge will be stored;
2) The proposed rate and method of application of
				  the sludge to the receiving site;
3) The quality (constituents and concentrations)
				  of the sludge to be applied to the receiving site; and
4) The geological and hydrological characteristics
				  of the receiving site, including proximity to waters of the state.
c) No permit may be required under Subsection (b)
				  for a user receiving sludge for land application unless the owner or operator
				  is notified in writing of the requirement to apply for a permit. That
				  notification shall include a statement of the special circumstances requiring
				  the site to be permitted. The requirement of a permit is reviewable only in a
				  permit appeal proceeding.
d) Generators and haulers of municipal water or
				  wastewater treatment plant sludge, which is to be applied to land and which is
				  regulated under this Chapter, need not obtain a special waste hauling permit or
				  prepare, carry and complete a manifest under Part 706 of the Board's Special
				  Waste Hauling regulations.
e) The Agency may establish the revise criteria in
				  accordance with Rule
				  309.262
				  of this Chapter for the design, operation, and maintenance of facilities
				  regulated under this Rule.
f) For purposes of permit issuance and approval of
				  a sludge management scheme, proof of conformity with Agency criteria shall be
				  prima facie evidence of no violation of the Act or this Chapter. However,
				  nonconformity with Agency criteria shall not be grounds for permit denial, or
				  for failure to approve a sludge management scheme, if the applicant submits
				  adequate information showing that the sludge will be stored, transported and
				  applied so as not to cause a violation of the Act or this Chapter.