Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart A - GENERAL PROVISIONS › Section 310.110 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
The following definitions, derived from the general
				  definitions of 40 CFR
				  401.11 and the pretreatment-specific
				  definitions of 40 CFR
				  403.3, apply to this Part and 35 Ill. Adm.
				  Code 307:
"Act" means the Environmental Protection Act [415 ILCS
				  5 ].
"Agency" means the Illinois Environmental Protection
				  Agency.
BOARD NOTE: The Board has consistently rendered "Director",
				  as defined in corresponding 40 CFR 403.3(g),
				  as "Agency" for all functions within the Agency's statutory authority and that
				  USEPA has not clearly reserved the function to itself.
"Approval Authority" means the Agency after USEPA has
				  approved the Illinois wastewater pretreatment program. "Approval Authority"
				  means USEPA before USEPA approval of the Illinois wastewater pretreatment
				  program.
BOARD NOTE: Derived from
				  40 CFR
				  403.3(c) (2016).
"Approved POTW pretreatment program" or "program" or "POTW
				  pretreatment program" means a program administered by a POTW that has been
				  approved by USEPA, under 40
				  CFR 403.11, or the Agency, in accordance with
				  Sections 310.541 through
				  310.546.
BOARD NOTE: Derived from
				  40 CFR
				  403.3(d) (2016).
"Authorization to discharge" means an authorization issued to
				  an industrial user by a POTW that has an approved pretreatment program. The
				  authorization may consist of a permit, license, ordinance, or another mechanism
				  specified in the approved pretreatment program.
BOARD NOTE: The Board added this term to distinguish a
				  "pretreatment permit," which is a control mechanism issued by the
				  Agency.
"Best management practices" or "BMPs" means schedules of
				  activities, prohibitions of practices, maintenance procedures, and other
				  management practices to implement the prohibitions listed in Sections
				  310.201(a) and
				  (c) and
				  310.202. BMPs also include
				  treatment requirements, operating procedures, and practices to control plant
				  site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw
				  materials storage.
BOARD NOTE: Derived from
				  40 CFR
				  403.3(e) (2016).
"Blowdown" means the minimum discharge of recirculating water
				  for discharging materials contained in the water, the further buildup of which
				  would cause concentration in amounts exceeding limits established by best
				  engineering practice.
BOARD NOTE: Derived from
				  40 CFR
				  401.11(p) (2016).
"Board" means the Illinois Pollution Control Board.
BOARD NOTE: The Board has consistently rendered "Director,"
				  as defined in corresponding 40 CFR 403.3(g),
				  as "Board" for all functions within the Board's statutory authority and for
				  which USEPA has not clearly reserved the function to itself.
"CWA" means Federal Water Pollution Control Act, also known
				  as the Clean Water Act, as amended (33 U.S.C. 1251 et seq.).
BOARD NOTE: Derived from
				  40 CFR
				  403.3(b) (2016).
"Control Authority" refers to the appropriate of the
				  following:
The POTW, if the POTW's pretreatment program submission has
				  been approved by the Agency, in accordance with the requirements of Sections
				  310.541 through
				  310.546 or by USEPA in
				  accordance with 40 CFR
				  403.11; or
The Approval Authority, if no pretreatment program submission
				  has yet been approved.
BOARD NOTE: Derived from
				  40 CFR
				  403.3(f) (2016).
"Existing source" means any building, structure, facility, or
				  installation from which there is or may be a discharge of pollutants, the
				  construction of which occurred before the date that would qualify the building,
				  structure, facility, or installation for definition as a "new source", as
				  defined in Section 310.111.
BOARD NOTE: The Board added this definition of a fundamental
				  term that is used throughout the categorical standards to determine the
				  applicability of those standards.
"Indirect discharge" or "discharge" means the introduction of
				  pollutants into a POTW from any non-domestic source regulated under section
				  307(b), (c), or (d) of the CWA (33 U.S.C. 1317(b), (c), or
				  (d)), incorporated by reference in Section
				  310.107.
BOARD NOTE: Derived from
				  40 CFR
				  403.3(i) (2016).
"Industrial user" or "user" means a source of an indirect
				  discharge.
BOARD NOTE: Derived from
				  40 CFR
				  403.3(j) (2016).
"Industrial wastewater" means the spent or used water
				  containing dissolved or suspended matter discharged by an industrial user to a
				  sewer tributary to a POTW.
"Interference" means a discharge, alone or in conjunction
				  with a discharge or discharges from other sources, for which both of the
				  following are true:
The discharge inhibits or disrupts the POTW, its treatment
				  processes or operations, or its sludge processes, use, or disposal; and
As a result of the inhibition or disruption, the discharge is
				  a cause of a violation of any requirement of the POTW's NPDES permit (including
				  an increase in the magnitude or duration of a violation) or the prevention of
				  sewage sludge use or disposal in compliance with applicable laws and permits
				  issued under those laws, including
				  33 U.S.C.
				  405 and
				  40 CFR 503 (federal standards for
				  sewage sludge use and disposal) and State standards relating to sludge use and
				  disposal (such as 415 ILCS 5/21 and
				  22.56a and 35 Ill. Adm. Code
				  309.155,
				  309.208, and 391),
				  42 U.S.C.
				  6901 et seq. (the federal Resource
				  Conservation and Recovery Act (hazardous waste and municipal solid waste
				  disposal requirements)) and 35 Ill. Adm. Code: Subtitle G derived from the
				  federal solid waste and hazardous waste management standards,
				  42 U.S.C.
				  7401 et seq. (the federal Clean Air Act) and
				  35 Ill. Adm. Code: Subtitle B derived from the federal Clean Air Act standards,
				  53 U.S.C.
				  2601 et seq. (the federal Toxic Substances
				  Control Act) or any Illinois requirements relating to toxic substances (such as
				  415 ILCS
				  5/21 and
				  35 Ill. Adm. Code 742, 807, and
				  810), and 33 U.S.C.
				  1401 et seq. (the federal Marine Protection,
				  Research, and Sanctuaries Act).
BOARD NOTE: Derived from
				  40 CFR
				  403.3(k) (2016).
"Municipality". See "unit of local government".
"New source" means a new source as defined in Section
				  310.111.
BOARD NOTE: Derived from
				  40 CFR
				  401.11(e) and
				  403.3(m)
				  (2016).
"Noncontact cooling water" means water used for cooling that
				  does not come into direct contact with any raw material, intermediate product,
				  waste product, or finished product.
BOARD NOTE: Derived from
				  40 CFR
				  401.11(n) (2016).
"Noncontact cooling water pollutants" means pollutants
				  present in noncontact cooling waters.
BOARD NOTE: Derived from
				  40 CFR
				  401.11(o) (2016).
"NPDES permit" means a permit issued to a POTW under Section
				  402 of the CWA or Section 12(f) of the Act and Subpart A of 35 Ill. Adm. Code
				  309.
BOARD NOTE: Derived from
				  40 CFR
				  403.3(n) (2016).
"Pass through" means a discharge of pollutants that exits the
				  POTW into waters of the State in quantities or concentrations which, alone or
				  in conjunction with a discharge or discharges from other sources, is a cause of
				  a violation of any requirement of the POTW's NPDES permit (including an
				  increase in the magnitude or duration of a violation).
BOARD NOTE: Derived from
				  40 CFR
				  403.3(p) (2016).
"Person" means an individual, corporation, partnership,
				  association, State, unit of local government, commission, or any interstate
				  body. This term includes the United States government, the State of Illinois,
				  and their political subdivisions.
BOARD NOTE: Derived from
				  40 CFR
				  401.11(m) (2016) and
				  33 U.S.C.
				  1362(5) (2014).
"Point source" means any discernible, confined, and discrete
				  conveyance, including any pipe, ditch, channel, tunnel, conduit, well, discrete
				  fissure, container, rolling stock, concentrated animal feeding operation, or
				  vessel or other floating craft, from which pollutants are or may be
				  discharged.
BOARD NOTE: Derived from
				  40 CFR
				  401.11(d) (2016).
"Pollutant" means dredged spoil; solid waste; incinerator
				  residue; sewage; garbage; sewage sludge; munitions; chemical wastes; biological
				  materials; radioactive materials; heat; wrecked or discarded equipment; rock;
				  sand; cellar dirt; and industrial, municipal, and agricultural waste discharged
				  into a sewer.
BOARD NOTE: Derived from
				  40 CFR
				  401.11(f) (2016).
"Pollution" means the man-made or man-induced alteration of
				  the chemical, physical, biological, and radiological integrity of water.
BOARD NOTE: Derived from
				  40 CFR
				  401.11(g) (2015).
"POTW treatment plant" means that portion of the POTW that is
				  designed to provide treatment (including recycling and reclamation) of
				  municipal sewage and industrial wastewater.
BOARD NOTE: Derived from
				  40 CFR
				  403.3(r) (2016).
"Pretreatment" means the reduction of the amount of
				  pollutants, the elimination of pollutants, or the alteration of the nature of
				  pollutant properties in wastewater prior to or in lieu of discharging or
				  otherwise introducing such pollutants into a POTW. The reduction or alteration
				  may be obtained by physical, chemical, or biological processes; process
				  changes; or by other means, except as prohibited by Section
				  310.232. Appropriate
				  pretreatment technology includes control equipment, such as equalization tanks
				  or facilities, for protection against surges or slug loadings that might
				  interfere with or otherwise be incompatible with the POTW. However, if
				  wastewater from a regulated process is mixed in an equalization facility with
				  unregulated wastewater or with wastewater from another regulated process, the
				  effluent from the equalization facility must meet an adjusted pretreatment
				  limit calculated in accordance with Section
				  310.233.
BOARD NOTE: Derived from
				  40 CFR
				  403.3(s) (2016).
"Pretreatment permit" means a permit to discharge to a sewer
				  that is issued by the Agency as the Control Authority.
BOARD NOTE: The Board added this term to distinguish an
				  "authorization to discharge," which is a control mechanism issued by a
				  POTW.
"Pretreatment requirement" means any substantive or
				  procedural requirement related to pretreatment imposed on an industrial user by
				  a pretreatment permit or lawful order, other than a pretreatment
				  standard.
BOARD NOTE: Derived from
				  40 CFR
				  403.3(t) (2016).
"Pretreatment standard" or "standard" means any regulation
				  containing pollutant discharge limits promulgated by USEPA, and incorporated by
				  reference in 35 Ill. Adm. Code 307. This term includes prohibitive discharge
				  limits established under Sections
				  310.201 through
				  310.213 or 35 Ill. Adm. Code
				  307.1101. This term also
				  includes more stringent prohibitions and standards adopted by the Board in this
				  Part or 35 Ill. Adm. Code 307, including 35 Ill. Adm. Code 307.1101, 307.1102,
				  and 307.1103. The term also includes local limits that are a part of an
				  approved pretreatment program, as provided in Section
				  310.211.
BOARD NOTE: Derived from
				  40 CFR
				  403.3(l) (2016).
"Process wastewater" means any water that, during
				  manufacturing or processing, comes into direct contact with or results from the
				  production or use of any raw material, intermediate product, finished product,
				  by-product, or waste product.
BOARD NOTE: Derived from
				  40 CFR
				  401.11(q) (2016).
"Process wastewater pollutants" means pollutants present in
				  process wastewater.
BOARD NOTE: Derived from
				  40 CFR
				  401.11(r) (2016).
"Publicly owned treatment works" or "POTW" means a "treatment
				  works" that is owned by the State of Illinois or a "unit of local government."
				  This definition includes any devices and systems used in the storage,
				  treatment, recycling, and reclamation of municipal sewage or industrial
				  wastewater. It also includes sewers, pipes, and other conveyances only if they
				  convey wastewater to a POTW treatment plant. The term also means the "unit of
				  local government" that has jurisdiction over the indirect discharges to and the
				  discharges from such a treatment works.
BOARD NOTE: Derived from
				  40 CFR
				  403.3(q) (2016).
"Schedule of compliance" means a schedule of remedial
				  measures included in an authorization to discharge or a pretreatment permit, or
				  an NPDES permit, including an enforceable sequence of interim requirements (for
				  example, actions, operations, or milestone events) leading to compliance with
				  this Part and 35 Ill. Adm. Code 307. A schedule of compliance does not protect
				  an industrial user or POTW from enforcement.
BOARD NOTE: Derived from
				  40 CFR
				  401.11(m) (2016) and
				  33 U.S.C.
				  1362(17).
"Significant industrial user" means significant industrial
				  user as defined in Section
				  310.112.
BOARD NOTE: Derived from
				  40 CFR
				  403.3(v) (2016).
"Sludge requirements" means any of the following permits or
				  regulations: 35 Ill. Adm. Code
				  309.155 (NPDES Permits),
				  309.208 (Permits for Sites
				  Receiving Sludge for Land Application),
				  703.121 (RCRA Permits),
				  807.202 (Solid Waste Permits);
				  Section 39(b) of the Act (NPDES Permits); Section 405(b) of the federal Clean
				  Water Act (federally-imposed sludge use and management requirements); and
				  40 CFR
				  501 and
				  503.
BOARD NOTE: Derived from
				  40 CFR
				  403.3(k)(2) and
				  403.7(a)
				  (2016).
"Submission" means a request to the Agency by a POTW for
				  approval of a pretreatment program, or for authorization to grant removal
				  credits.
BOARD NOTE: Derived from
				  40 CFR
				  403.3(w) (2016).
"Treatment works" is as defined in
				  33 U.S.C.
				  1292(2), incorporated by
				  reference in Section 310.107. It includes any devices and systems used in the
				  storage, treatment, recycling, and reclamation of municipal or industrial
				  wastewater to implement 33
				  U.S.C. 1281, or necessary to recycle or reuse
				  water at the most economical cost over the estimated life of the works,
				  including intercepting sewers, outfall sewers, sewage collection systems,
				  pumping, power, and other equipment.
BOARD NOTE: Derived from
				  40 CFR
				  403.3(q) (2016) and
				  33 U.S.C.
				  1292(2).
"Unit of local government" means a unit of local government,
				  as defined by Art. 7, Sec. 1 of the Illinois Constitution. Unit of local
				  government includes municipalities and sanitary districts.
BOARD NOTE: Derived from
				  40 CFR
				  401.11(m) (2016) and
				  33 U.S.C.
				  1362(4).
"USEPA" means the United States Environmental Protection
				  Agency.