Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 309 - PERMITS › Subpart A - NPDES PERMITS › Section 309.103 - Application - General

Current through Register Vol. 48, No. 28, July 12, 2024
a) Application
				Forms
1) An applicant for an NPDES Permit must
				apply under Section 309.223, on forms provided by
				the Illinois Environmental Protection Agency (Agency). The forms must comprise
				the NPDES application forms promulgated by the U.S. Environmental Protection
				Agency for the type of discharge for which an NPDES Permit is sought and any
				additional information the Agency may reasonably require to determine that the
				discharge or proposed discharge will comply with applicable State and federal
				requirements.
2) In addition to the
				application forms, the Agency may require the submission of plans and
				specifications for treatment works and summaries of design criteria.
3) Effluent Toxicity Monitoring
A) In addition to the above application
				forms, the Agency may require, under Section 39 of the Act, installing, using,
				maintaining, and reporting results from monitoring equipment and methods,
				including biological monitoring. The Agency may require, under Section 39 of
				the Act, effluent toxicity testing to show compliance with 35 Ill. Adm. Code
				302.621 and
				302.630. If this toxicity
				testing shows the effluent to be toxic, the Agency may require, under Section
				39 of the Act, further testing and identification of the toxicants under 35
				Ill. Adm. Code 302.210(a).
B) The following POTWs must provide the
				results of valid whole effluent biological toxicity testing to the Agency:
i) All POTWs with design influent flows equal
				to or greater than one million gallons per day;
ii) All POTWs with approved pretreatment
				programs or POTWs required to develop a pretreatment program under 35 Ill. Adm.
				Code 310.Subpart E;
C) In
				addition to the POTWs listed in subsection (a)(3)(B), the Agency may require
				other POTWs to submit the result of toxicity tests with their permit
				applications, based on consideration of the following factors.
i) The variability of the pollutants or
				pollutant parameters in the POTW effluent (based on chemical-specific
				information, the type of treatment facility, and types of industrial
				contributors);
ii) The dilution of
				the effluent in the receiving water (ratio of effluent flow to receiving
				streamflow);
iii) Existing controls
				on point or nonpoint sources, including total maximum daily load calculations
				for the waterbody segment and the relative contribution of the POTW;
iv) Receiving stream characteristics,
				including possible or known water quality impairment, and whether the POTW
				discharges to a coastal water, one of the Great Lakes, or a water designated as
				an outstanding natural resource; or
v) Other considerations (including the
				history of toxic impact and compliance problems at the POTW), which the Agency
				determines could cause or contribute to adverse water quality
				impacts.
D) The POTWs
				required under subsection (a)(3)(B) or (a)(3)(C) to conduct toxicity testing
				must use the methods prescribed at 35 Ill. Adm. Code 302. Subpart F. Such
				testing must have been conducted since the later of the last NPDES permit
				reissuance or permit modification under Section
				309.182,
				309.183, or
				309.184 for any of the reasons
				listed at 40 CFR
				122.62(a) (1994), as amended
				at 60 Fed. Reg. 33926 effective June 29, 1995, incorporated by reference in 35
				Ill. Adm. Code 301.106 (including no later
				amendments or editions).
4) All POTWs with approved pretreatment
				programs must provide the following information to the Agency: a written
				technical evaluation of the need to revise local limits under 35 Ill. Adm. Code
				310.210.
BOARD NOTE: Subsections (a)(3)(B) through (a)(4) are derived
				  from 40 CFR
				  122.21(j)
				  (1994).