reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 325 - PERMIT FEES FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMITS AND DOMESTIC SEWAGE SLUDGE GENERATOR OR SLUDGE USER PERMITS › Subpart B - PROCEDURES FOR DETERMINATION AND PAYMENT OF FEES FOR NPDES PERMITS AND SLUDGE GENERATOR OR SLUDGE USER PERMITS › Section 325.235 - Refunds

Current through Register Vol. 48, No. 28, July 12, 2024
a) No fee remitted
				to the Agency under this Part shall be refunded in whole or in part at any time
				or for any reason except as provided in Section 12.5(l) of the Act for certain
				payments made for the period July 1, 2004 through June 30, 2005 under Sections
				12.5(e)(1)(i) and (ii) of the Act and except for those circumstances provided
				for in subsection (c) of this Section.
b) Overpayments received by the Agency under
				this Part will be automatically credited to the fees due for the permit holder
				at the affected facility in the following fiscal year, unless a refund is
				requested in writing pursuant to subsection (c). When no future fees are due
				for that facility or when the amount of the overpayment exceeds the amount due
				for the following fiscal year, the permit holder may request in writing that
				the overpayment be credited to fees due to the Agency for another facility
				under this Part or for fees due to the Agency for the affected facility under a
				different Part.
c) Pursuant to this
				Section, as authorized by Section 12.5(k) of the Act, the Agency may issue
				refunds when a written request containing the applicable permit number, FEIN or
				SSN and refund amount requested is received from the permittee or applicant and
				one of the following circumstances are present:
1) the payment received is greater than the
				amount billed on the invoice for existing permits or indicated on the notice of
				fee due for new permits and no past due amounts are outstanding;
2) the amount billed is determined to be
				incorrect; or
3) a refund is
				required by order of the Pollution Control Board, by a court order or at the
				direction of the Comptroller's Office.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 325 - PERMIT FEES FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMITS AND DOMESTIC SEWAGE SLUDGE GENERATOR OR SLUDGE USER PERMITS › Subpart C - PROCEDURES FOR PROCESSING PERMIT APPLICATIONS AND NOTICES OF INTENT FOR WHICH FEES APPLY › Section 325.310 - Notices of Intent to Pursue Coverage Under General NPDES Permits Not Containing the Entire Fee

Current through Register Vol. 48, No. 28, July 12, 2024
a) Notices of
				Intent submitted for coverage under an existing general NPDES permit not
				containing the entire fee due under Section
				325.205 shall
				be considered incomplete and coverage under the applicable general NPDES permit
				will not be granted by the Agency.
b) The Agency shall take the following
				actions in response to Notices of Intent found to be incomplete for failure to
				submit the entire fee due:
1) The Agency
				shall deposit any fees submitted along with the Notice of Intent in the
				Illinois Clean Water Fund and shall notify the applicant of the fee
				deficiency.
2) Within 30 days after
				the date on the fee deficiency notice, the applicant must submit the balance of
				the fee that is due.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 325 - PERMIT FEES FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMITS AND DOMESTIC SEWAGE SLUDGE GENERATOR OR SLUDGE USER PERMITS › Subpart C - PROCEDURES FOR PROCESSING PERMIT APPLICATIONS AND NOTICES OF INTENT FOR WHICH FEES APPLY › Section 325.320 - Modifications to NPDES Permits and Sludge Generator or Sludge User Permits

Current through Register Vol. 48, No. 28, July 12, 2024
a) Modifications to
				Pending Applications.
Prior to a final Agency decision on a permit application for
				  an NPDES permit or a sludge generator or sludge user permit, the applicant may
				  propose modifications to the application in accordance with the Act and
				  regulations adopted under the Act without any additional fee becoming due,
				  unless the proposed modifications would cause additional fees to be due under
				  Section
				  325.205.
b) Modifications to Existing
				Permits.
1) If a requested modification to an
				existing NPDES permit causes a change in the applicable fee categories under
				Section
				325.205 that
				results in an increase in the required fee, the permittee must pay to the
				Agency the amount of the increase, prorated for the number of months remaining
				before the next July 1, before the modification is granted. [415 ILCS
				5/12.5(c) ] For purposes of
				calculating the prorated fee due under this subsection (b)(1), partial months
				will be rounded down to the nearest whole month.
2) If a requested modification to an existing
				sludge generator or sludge user permit causes a change in the applicable fee
				categories under Section
				325.205 that
				results in an increase in the required fee, the permittee must pay to the
				Agency the amount of the increase, prorated for the number of months remaining
				before the next July 1, before the modification is granted. For purposes of
				calculating the prorated fee due under this subsection (b)(2), partial months
				will be rounded down to the nearest whole month.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 325 - PERMIT FEES FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMITS AND DOMESTIC SEWAGE SLUDGE GENERATOR OR SLUDGE USER PERMITS › Subpart D - NOTICES, TERMINATIONS AND TRANSFER OF OWNERSHIP › Section 325.410 - Annual Fee Notices for Existing Permits and Permit Renewals

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each year the
				Agency shall send a fee notice by mail to each existing permit holder subject
				to a fee under this Part at his or her address of record. The notice shall
				state the amount of the applicable annual fee and the date by which payment is
				required. [415
				ILCS 5/12.5(b) ] The address of
				record is the address provided on the permit application or a billing address
				provided on a subsequent address correction form submitted to the
				Agency.
b) Except as provided in
				Section
				325.420
				with respect to initial fees under new permits and as provided in Section
				325.320
				for certain modifications of existing permits, fees payable under this Part are
				due by the date specified in the fee notice, which shall be no less than 30
				days after the date the fee notice is mailed by the Agency. [415 ILCS
				5/12.5(b) ]
c) The Agency may send second notices for
				unpaid fees and interest prior to initiating referral to the Comptroller's
				Offset System pursuant to
				15
				ILCS 405/10.05, referral to the Department of
				Revenue's Debt Collection Bureau pursuant to 30 ILCS 210 or other collection
				procedures.
d) In the event the
				Agency inadvertently sends a fee notice to a permit holder whose NPDES, sludge
				generator or sludge user permit has expired and is not lawfully
				administratively continued because the NPDES permit holder did not apply for
				renewal not less than 180 days prior to the permit expiration date or the
				sludge generator or sludge user permit holder did not apply for renewal not
				less than 90 days prior to the permit expiration date, payment of a fee by the
				recipient of the notice will not be construed as indicia of possession of a
				valid NPDES or sludge generator or sludge user permit.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 325 - PERMIT FEES FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMITS AND DOMESTIC SEWAGE SLUDGE GENERATOR OR SLUDGE USER PERMITS › Subpart D - NOTICES, TERMINATIONS AND TRANSFER OF OWNERSHIP › Section 325.420 - Initial Annual Fee Notices for New Permits

Current through Register Vol. 48, No. 28, July 12, 2024
For new individual NPDES and sludge generator or sludge user
				  permits, the Agency shall provide notice of the amount of the fee to the
				  applicant during its review of the application. [415 ILCS
				  5/12.5(c) ] For NPDES permits, this
				  notice will be provided to the applicant during the 15 day notice period. For
				  new permits issued in June, this notice will include the annual fee due for the
				  following fiscal year and no fee notice will be sent by the Agency pursuant to
				  Section
				  325.410(a)
				  for that fiscal year.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 325 - PERMIT FEES FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMITS AND DOMESTIC SEWAGE SLUDGE GENERATOR OR SLUDGE USER PERMITS › Subpart D - NOTICES, TERMINATIONS AND TRANSFER OF OWNERSHIP › Section 325.425 - Due Dates

Current through Register Vol. 48, No. 28, July 12, 2024
All annual fees due under this Part must be received by the
				  due date indicated in the annual fee notice to avoid accrual of interest
				  charges.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 325 - PERMIT FEES FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMITS AND DOMESTIC SEWAGE SLUDGE GENERATOR OR SLUDGE USER PERMITS › Subpart D - NOTICES, TERMINATIONS AND TRANSFER OF OWNERSHIP › Section 325.430 - Terminations of NPDES Permits and Sludge Generator and Sludge User Permits

Current through Register Vol. 48, No. 28, July 12, 2024
a) It shall be the
				obligation of every permit holder required to pay a fee pursuant to this Part
				to notify the Agency, in writing, of the cessation of or reduction in operation
				at the facility or completion or termination of the permitted activity and to
				request modification or termination of all appropriate permits.
b) Termination and permit modification
				requests shall be on forms prescribed by the Agency and signed by the permit
				holder. All termination requests and permit modifications must be sent to:
Illinois Environmental Protection Agency
Division of Water Pollution Control
P. O. Box 19276
Springfield, Illinois 62794-9276
c) The permit holder remains liable for
				annual discharge fees provided in the fee notice billing statement mailed by
				the Agency until the expiration date specified in the permit unless a request
				for termination of the facility's permit or permits is made in writing as
				provided in subsection (b) of this Section prior to the due date contained in
				the annual fee notice.
d) Submittal
				of a termination request before the due date contained in the annual fee notice
				will stay the accrual of interest while the termination request is under review
				by the Agency.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 325 - PERMIT FEES FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMITS AND DOMESTIC SEWAGE SLUDGE GENERATOR OR SLUDGE USER PERMITS › Subpart D - NOTICES, TERMINATIONS AND TRANSFER OF OWNERSHIP › Section 325.435 - Transfer of Ownership and Fees

Current through Register Vol. 48, No. 28, July 12, 2024
a) When there is a change in ownership or
				operational control at a permitted facility subject to one or more of the fees
				in this Part, the new owner or operator will become liable for all fees that
				accrue as of the date of transfer of permit coverage.
b) Transfer of permit coverage may occur only
				in the following ways ( 40 CFR 112.61 ):
1)
				The permit is modified or revoked and reissued;
2) The permit is transferred by minor
				modification; or
3) The permit is
				transferred by automatic transfer.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 325 - PERMIT FEES FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMITS AND DOMESTIC SEWAGE SLUDGE GENERATOR OR SLUDGE USER PERMITS › Subpart E - RESOLUTION OF DISPUTES › Section 325.510 - Request for Reconsideration

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The permit holder may request reconsideration of the amount of the NPDES permit
				fee or sludge generator or sludge user permit fee as determined by the Agency
				pursuant to Section
				325.205, within
				45 days after issuance of the annual fee notice. Failure to request
				reconsideration within this period shall constitute waiver of all rights to
				seek reconsideration of the amount due from the Agency and will result in
				waiver of right to appeal pursuant to Section
				325.530.
b) All requests for reconsideration shall be
				in writing and shall include all pertinent facts and arguments in support of
				the request. The request shall be addressed to:
Illinois Environmental Protection Agency
Division of Water Pollution Control
Billing Coordinator
Mail Code #15
P. O. Box 19276
Springfield, Illinois 62794-9276
c) The permit holder shall pay the amount of
				the fee it believes it owes at the time of the request for reconsideration and
				any remainder shall be subject to interest and penalties if the request for
				reconsideration is denied.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 325 - PERMIT FEES FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMITS AND DOMESTIC SEWAGE SLUDGE GENERATOR OR SLUDGE USER PERMITS › Subpart E - RESOLUTION OF DISPUTES › Section 325.520 - Agency Response

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Agency shall respond in writing to any request for reconsideration pursuant to
				Section
				325.510
				within 45 days after receipt of the request. The written response shall
				constitute final Agency action. Failure by the Agency to respond within 45 days
				after receipt of the request shall be considered a denial of the request and
				shall also constitute final Agency action.
b) Upon written notification to the permit
				holder, the Agency may extend the response period under subsection (a) by up to
				an additional 45 days.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 325 - PERMIT FEES FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMITS AND DOMESTIC SEWAGE SLUDGE GENERATOR OR SLUDGE USER PERMITS › Subpart E - RESOLUTION OF DISPUTES › Section 325.530 - Appeal of Final Agency Action

Current through Register Vol. 48, No. 28, July 12, 2024
a) Pursuant to Section 5(d) of the Act and
				these regulations, the Pollution Control Board may hear appeals of final Agency
				action denying requests for reconsideration of permit fee determinations made
				by the Agency under this Part for fees due under Section 12.5 of the
				Act.
b) To appeal final Agency
				action under this Part, the permit holder or applicant must file a petition for
				review with the Pollution Control Board under the procedures required by 35
				Ill. Adm. Code
				105.206
				within 35 days after service of final Agency action or the date the decision
				was due, whichever is later.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 325 - PERMIT FEES FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMITS AND DOMESTIC SEWAGE SLUDGE GENERATOR OR SLUDGE USER PERMITS › Subpart F - FAILURE TO COMPLY WITH SECTION 12.5 OF THE ACT › Section 325.605 - Failure to Pay Annual NPDES and Sludge Generator or Sludge User Discharge Fees

Current through Register Vol. 48, No. 28, July 12, 2024
Failure to submit the fee required under Section12.5 of the
				  Act by the due date constitutes a violation of Section 12.5 of the
				  Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 325 - PERMIT FEES FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMITS AND DOMESTIC SEWAGE SLUDGE GENERATOR OR SLUDGE USER PERMITS › Subpart F - FAILURE TO COMPLY WITH SECTION 12.5 OF THE ACT › Section 325.610 - Interest on Unpaid Fees

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Late payments shall incur an interest penalty, calculated at the rate in effect
				from time to time for tax delinquencies under Section 1003(a) of the Illinois
				Income Tax Act [35 ILCS
				5/1003 ], from the date the fee is due until the date
				the fee payment is received by the Agency. [415 ILCS
				5/12.5(d) ]
b) Interest rates are adjusted on a
				semiannual basis, on January 1 and July 1, as provided in Section 3-2(b) of the
				Uniform Penalty and Interest Act [35 ILCS
				735/3-2(b) ].
c) The Agency does not have authority to
				waive interest penalties.
d)
				Interest penalties apply to unpaid fee principal amounts only. Interest
				penalties are not incurred on prior unpaid interest amounts.
e) Interest penalties are calculated daily
				and are applied to fee amounts not paid by the due date.
f) Notification of any accrued interest
				penalties will be provided to the permit holder in the annual fee notice
				described in Section
				325.410.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 325 - PERMIT FEES FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMITS AND DOMESTIC SEWAGE SLUDGE GENERATOR OR SLUDGE USER PERMITS › Subpart F - FAILURE TO COMPLY WITH SECTION 12.5 OF THE ACT › Section 325.620 - Collection Procedures for Unpaid Fees

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency may utilize any available collection procedures to
				  recover unpaid fees under Section 12.5 of the Act. These may include, but are
				  not limited to, enforcement actions pursuant to Section 31 of the Act,
				  submittal of the unpaid amounts for Comptroller's Offset pursuant to 30 ILCS
				  210, or submittal of the unpaid fee to the Department of Revenue's Debt
				  Collection Bureau pursuant to 30 ILCS 210.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 351 - PROCEDURES AND REQUIREMENTS FOR CONFLICT RESOLUTION IN REVISING WATER QUALITY MANAGEMENT PLANS › Subpart A - INTRODUCTION › Section 351.101 - Preamble

Current through Register Vol. 48, No. 28, July 12, 2024
Section 4(m) of the Illinois Environmental Protection Act
				  (Ill. Rev. Stat. 1979, Ch. 1111/2, Par. 1001 et seq.) (Act) designates the
				  Illinois Environmental Protection Agency (Agency) as pollution control agency
				  for the State of Illinois for all purposes of the federal Clean Water Act (33
				  U.SC. 1251 et seq.). In addition, the Act specifically authorizes the Agency,
				  for purposes of Section 303(e) of the Clean Water Act, to engage in planning
				  processes and activities, to develop plans in cooperation with units of local
				  government, other state agencies and persons, and to promulgate procedural
				  regulations for the holding of public hearings on the planning process. (Ill.
				  Rev. Stat. 1979, Ch. 111½, Par. 1004(n)).
Section 303(e) requires Illinois to have a continuing
				  planning process, approved by the United States Environmental Protection Agency
				  (USEPA), resulting in Water Quality Management (WQM) Plans for all navigable
				  waters in the state. These Plans must incorporate the elements of any areawide
				  water quality management plan adopted under Section 208 of the Clean Water Act
				  and must provide procedures for revision of the WQM Plans. Revisions to WQM
				  Plans pursuant to these rules and to the Agency's continuing planning process
				  are incorporated into the annual program plan submitted to USEPA and approved
				  pursuant to Section 106 of the Clean Water Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 351 - PROCEDURES AND REQUIREMENTS FOR CONFLICT RESOLUTION IN REVISING WATER QUALITY MANAGEMENT PLANS › Subpart A - INTRODUCTION › Section 351.102 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
These rules prescribe procedures and requirements for
				  resolving conflicts concerning point source discharges in the context of
				  revising Illinois Water Quality Management Plans.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 351 - PROCEDURES AND REQUIREMENTS FOR CONFLICT RESOLUTION IN REVISING WATER QUALITY MANAGEMENT PLANS › Subpart A - INTRODUCTION › Section 351.103 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) These rules
				shall apply to the following revisions of WQM Plans:
1) Amendments to population projections for
				the twenty-year planning period set forth in approved facilities plans that are
				greater than 10% for communities under 10,000 population or 5% for communities
				over 10,000 population;
2)
				Amendments identifying new designated management agencies;
3) Amendments terminating the status of
				designated management agencies for failure to implement the requirements of a
				WQM Plan;
4) Amendments to Facility
				Planning Area boundaries;
5)
				Amendments to include sewage treatment works not identified in a WQM Plan where
				a facility planning agency, designated management agency, or an areawide
				planning agency objects to the inclusion of the sewage treatment works within
				its boundaries. If there is no objection the WQM Plan shall be amended by
				issuance of the National Pollutant Discharge Elimination System (NPDES) permit
				for the treatment works;
6) Other
				amendments where a significant degree of public interest exists to warrant the
				use of the conflict resolution procedures set forth in these rules. The
				provisions of Section
				351.302
				shall be considered in determining whether a significant degree of public
				interest exists.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 351 - PROCEDURES AND REQUIREMENTS FOR CONFLICT RESOLUTION IN REVISING WATER QUALITY MANAGEMENT PLANS › Subpart A - INTRODUCTION › Section 351.104 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Unless specified
				otherwise, all terms shall have the meanings set forth in the Environmental
				Protection Act and the Clean Water Act and regulations adopted under those
				Acts.
b) For purpose of these
				rules, the following definitions apply:
1)
				"Areawide planning agency" means an areawide planning agency identified in
				accordance with Section 208 of the Clean Water Act.
2) "Designated management agency" means a
				designated management agency identified in accordance with Section 208 of the
				Clean Water Act.
3) "Facility
				planning agency" means a facility planning agency identified in accordance with
				Section 201 of the Clean Water Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 351 - PROCEDURES AND REQUIREMENTS FOR CONFLICT RESOLUTION IN REVISING WATER QUALITY MANAGEMENT PLANS › Subpart B - PROCEDURES FOR PROPOSING REVISIONS TO WATER QUALITY MANAGEMENT PLANS › Section 351.201 - Initiation of a Revision

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				proposal to revise a WQM Plan shall be initiated by the filing of a petition by
				the Agency or by a facility planning agency, designated management agency, or
				areawide planning agency for the area that is the subject of the proceeding.
				The petition shall be filed with the Agency.
b) Since an areawide planning agency may have
				procedures to be followed prior to its making any recommendation on a proposed
				revision, Petitioners are encouraged to follow such procedures prior to or
				concurrently with the procedures contained in these rules.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 351 - PROCEDURES AND REQUIREMENTS FOR CONFLICT RESOLUTION IN REVISING WATER QUALITY MANAGEMENT PLANS › Subpart B - PROCEDURES FOR PROPOSING REVISIONS TO WATER QUALITY MANAGEMENT PLANS › Section 351.202 - Requirements of a Petition

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				petition filed under these rules shall include, as applicable:
1) A clear, complete and concise statement of
				the revision(s) sought;
2) If the
				petition is for a planning boundary change, it shall include:
A) A map of the existing and proposed
				boundaries;
B) A description of the
				existing uses and proposed future uses of:
i)
				The geographic area which is the subject of the proposed revision,
				and
ii) The areas adjacent to the
				geographic area in i).
3) An assessment, with supporting factual
				information, of the environmental impacts which may result from the proposed
				revision, including existing and proposed wasteloads and facilities to collect,
				transport and treat such wasteloads;
4) An assessment of the present worth
				analysis of alternatives to the proposed revision, including on-site and
				off-site treatment where applicable;
5) If available, written evidence of
				concurrence or objection by other agencies or by other persons who may be
				affected by the proposed revision;
6) Other information requested by the
				Agency.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 351 - PROCEDURES AND REQUIREMENTS FOR CONFLICT RESOLUTION IN REVISING WATER QUALITY MANAGEMENT PLANS › Subpart B - PROCEDURES FOR PROPOSING REVISIONS TO WATER QUALITY MANAGEMENT PLANS › Section 351.203 - Service and Parties

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Petitioner shall serve a copy of its petition, either personally or by
				registered or certified mail, upon each governmental agency or other person who
				may be adversely affected by the revision to the WQM Plan. At a minimum,
				service shall be made on:
1) Any facility
				planning agency which may be affected by the revision;
2) Any designated management agency
				responsible for point source discharge control which may be affected by the
				revision;
3) Any areawide planning
				agency which may be affected by the revision; and
4) Additional persons whom the Agency
				identifies within 10 days of receipt of the petition.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 351 - PROCEDURES AND REQUIREMENTS FOR CONFLICT RESOLUTION IN REVISING WATER QUALITY MANAGEMENT PLANS › Subpart B - PROCEDURES FOR PROPOSING REVISIONS TO WATER QUALITY MANAGEMENT PLANS › Section 351.204 - Public Comments

Current through Register Vol. 48, No. 28, July 12, 2024
Any person may submit written comments on a petition filed
				  under these rules. In making the decision on the proposed revision(s), the
				  Agency will consider all comments received within 30 days after the filing of
				  the petition.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 351 - PROCEDURES AND REQUIREMENTS FOR CONFLICT RESOLUTION IN REVISING WATER QUALITY MANAGEMENT PLANS › Subpart C - PUBLIC HEARINGS › Section 351.301 - Request for Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any
				person may request a public hearing on the proposed revision within 30 days of
				the filing of the petition. The Agency may extend this period when necessary
				for a complete presentation of the facts and anticipated effects of the
				proposed change.
b) The request
				shall include a statement of the person's interest in the proceedings and of
				the purposes to be served by the hearing.
c) If the Petitioner does not request a
				hearing in the petition, it shall be deemed a request to rule upon the petition
				without a hearing.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 351 - PROCEDURES AND REQUIREMENTS FOR CONFLICT RESOLUTION IN REVISING WATER QUALITY MANAGEMENT PLANS › Subpart C - PUBLIC HEARINGS › Section 351.302 - Scheduling of Public Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The Agency shall schedule a public hearing when it determines that there exists
				a significant degree of public interest in the proposed revision.
b) In making this determination, the Agency
				shall consider:
1) The public interest as
				indicated by written comments and requests for hearings on the proposed
				revision;
2) The nature of the
				proposed revision and its significance to the WQM plan;
3) The likelihood that a public hearing will
				elicit relevant information which is not otherwise part of the record before
				the Agency.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 351 - PROCEDURES AND REQUIREMENTS FOR CONFLICT RESOLUTION IN REVISING WATER QUALITY MANAGEMENT PLANS › Subpart C - PUBLIC HEARINGS › Section 351.303 - Notice of Public Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The Agency shall serve notice of the public hearing, personally or by certified
				or registered mail, on all parties at least 45 days prior to the date of the
				hearing.
b) The notice shall
				include:
1) Information regarding the time,
				location and purpose of the hearing;
2) A statement of the legal authority and
				jurisdiction under which the hearing is held;
3) A concise statement of the issues to be
				discussed at the hearing;
4) A
				statement that the hearing will be conducted in accordance with these
				rules.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 351 - PROCEDURES AND REQUIREMENTS FOR CONFLICT RESOLUTION IN REVISING WATER QUALITY MANAGEMENT PLANS › Subpart C - PUBLIC HEARINGS › Section 351.304 - Hearing Officer

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Agency shall appoint a Hearing Officer who shall be named in any notices of the
				hearing.
b) The Hearing Officer
				shall have the duty to conduct a fair hearing, to take all necessary action to
				avoid delay, to maintain order, and to ensure development of a clear and
				complete record.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 351 - PROCEDURES AND REQUIREMENTS FOR CONFLICT RESOLUTION IN REVISING WATER QUALITY MANAGEMENT PLANS › Subpart C - PUBLIC HEARINGS › Section 351.305 - Hearing Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
				witnesses shall be sworn.
b) A
				party may cross-examine any witness to promote a full and fair disclosure of
				the facts, subject to the evidentiary requirements of these rules. The Hearing
				Officer may also question witnesses within the same limits.
c) The admission of evidence shall be guided
				by the following provisions:
1) The rules of
				evidence and privilege, as applied in civil cases in the circuit courts of
				Illinois, shall be followed. However, evidence not admissible under such rules
				may be admitted, except where precluded by statute, if the evidence is of the
				type commonly relied upon by reasonable persons in the conduct of their
				affairs.
2) Irrelevant, immaterial
				and unduly repetitious evidence shall be excluded.
3) Any part of the evidence may be received
				in written form when the hearing will be expedited and the interests of the
				parties will not be prejudiced.
4)
				Objections to evidentiary offers may be made and shall be noted in the
				record.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 351 - PROCEDURES AND REQUIREMENTS FOR CONFLICT RESOLUTION IN REVISING WATER QUALITY MANAGEMENT PLANS › Subpart C - PUBLIC HEARINGS › Section 351.306 - Transcript

Current through Register Vol. 48, No. 28, July 12, 2024
a) Within 15 days
				following completion of the public hearing, the Petitioner shall furnish a
				transcript of the hearing to the Agency.
b) The transcript shall be available for
				examination and copying by any person, subject to the Agency's rules for public
				access to agency information.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 351 - PROCEDURES AND REQUIREMENTS FOR CONFLICT RESOLUTION IN REVISING WATER QUALITY MANAGEMENT PLANS › Subpart D - DECISION OF THE AGENCY › Section 351.401 - Record

Current through Register Vol. 48, No. 28, July 12, 2024
The record shall include:
a) All pleadings, (including all notices and
				responses thereto), motions and rulings;
b) Evidence received;
c) Matters of which official notice was
				taken;
d) The hearing transcript
				including offers of proof, objections and rulings thereon;
e) Any report, opinion or decision by the
				Hearing Officer;
f) Memoranda or
				data submitted by Agency staff in their consideration of the proposed
				revision;
g) Written comments
				received under Section
				351.204 of these
				rules;
h) Recommendation of the
				designated areawide WQM planning agency and the record supporting its
				recommendation.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 351 - PROCEDURES AND REQUIREMENTS FOR CONFLICT RESOLUTION IN REVISING WATER QUALITY MANAGEMENT PLANS › Subpart D - DECISION OF THE AGENCY › Section 351.402 - Decision of the Agency

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				After due consideration of the record, the Agency shall make a final decision
				on the proposed revision to the WQM Plan.
1)
				In making its decision, the Agency shall consider all facts and circumstances
				bearing upon the reasonableness of the request including, but not limited to,
				the environmental effects and the cost-effectiveness of achieving water quality
				goals.
2) The Agency's experience,
				technical competence and specialized knowledge may be utilized in the
				evaluation of the evidence.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 351 - PROCEDURES AND REQUIREMENTS FOR CONFLICT RESOLUTION IN REVISING WATER QUALITY MANAGEMENT PLANS › Subpart D - DECISION OF THE AGENCY › Section 351.403 - Review of Decision of the Agency

Current through Register Vol. 48, No. 28, July 12, 2024
Any party may request that the Regional Administrator, United
				  States Environmental Protection Agency, Region V, review the decision of the
				  Agency pursuant to 40 CFR 35.1517(c).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 351 - PROCEDURES AND REQUIREMENTS FOR CONFLICT RESOLUTION IN REVISING WATER QUALITY MANAGEMENT PLANS › Subpart F - APPLICABILITY OF THESE RULES TO SPECIAL CASES › Section 351.501 - Permit Issuance

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				When the Agency determines that issuance of a permit may be inconsistent with
				an approved WQM Plan, the Agency may request that the areawide WQM Planning
				Agency, if any, review the application and identify any provisions of the WQM
				Plan with which the facility may be inconsistent.
b) If, after receipt of the areawide agency's
				evaluation, the Agency determines that an inconsistency exists, the Agency
				shall deny the permit and shall notify the applicant of its decision.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 351 - PROCEDURES AND REQUIREMENTS FOR CONFLICT RESOLUTION IN REVISING WATER QUALITY MANAGEMENT PLANS › Subpart F - APPLICABILITY OF THESE RULES TO SPECIAL CASES › Section 351.502 - Exceptions to Boundaries for Facility Planning Areas

Current through Register Vol. 48, No. 28, July 12, 2024
For purposes of issuing permits, other than NPDES permits,
				  the Agency may recognize exceptions to boundaries of facility planning areas
				  without revising the approved WQM Plan in the following circumstances.
a) When the General Assembly, by legislation,
				authorizes the extension of sewer service to an area outside the facility
				planning area established by the Agency pursuant to federal regulations;
				or
b) When all of the following
				conditions are present:
1) The exception will
				not significantly impact wastewater planning in any facility planning
				area;
2) A revision would otherwise
				be necessary because a proposed sewer would cross a facility planning boundary;
				and
3) The designated facility
				planning agency, within whose facility planning area the area to be serviced by
				the sewer lies, has authorized such sewer extension by permit, agreement or
				other written document.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 352 - PROCEDURES FOR DETERMINING WATER QUALITY BASED PERMIT LIMITATIONS FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DISCHARGERS TO THE LAKE MICHIGAN BASIN › Subpart A - INTRODUCTION › Section 352.100 - Introduction

Current through Register Vol. 48, No. 28, July 12, 2024
This Part 352 contains Illinois Environmental Protection
				  Agency (Illinois EPA or Agency) rules for the application of the Illinois
				  Pollution Control Board (Illinois PCB) rules for the Lake Michigan Basin at 35
				  Illinois Adm. Code 302.Subparts A and E to the National Pollutant Discharge
				  Elimination System (NPDES) permit program administered for discharges to the
				  Lake Michigan Basin within the State of Illinois. These rules are required
				  pursuant to the Final Guidance for the Great Lakes System, 60 FR 15366 adopted
				  on March 23, 1995 by the United States Environmental Protection Agency (USEPA)
				  to implement Section 118(c)(2) of the Clean Water Act (
				  33
				  U.S.C. 1268 ) as amended by the Great Lakes
				  Critical Programs Act of 1990 (P. L. 101-596, 104 Stat. 3000). That guidance
				  identifies minimum water quality standards, antidegradation policies and
				  implementation procedures that states must establish for the Great Lakes System
				  to protect human health, aquatic life and wildlife. The water quality
				  standards, criteria and value derivation procedures, variance and site specific
				  rulemaking procedures and antidegradation policies required under the Great
				  Lakes Guidance and applicable to the Lake Michigan Basin, are contained in
				  Illinois Pollution Control Board Rules. The implementation procedures required
				  by that guidance are contained in this Part 352.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 352 - PROCEDURES FOR DETERMINING WATER QUALITY BASED PERMIT LIMITATIONS FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DISCHARGERS TO THE LAKE MICHIGAN BASIN › Subpart A - INTRODUCTION › Section 352.101 - Scope

Current through Register Vol. 48, No. 28, July 12, 2024
The regulations in this Part 352 contain the procedures used
				  by the Illinois Environmental Protection Agency to determine effluent limits
				  and other conditions in NPDES permits. These regulations are cumulative with
				  conditions, effluent limitations and other requirements established under the
				  Illinois Environmental Protection Act [415 ILCS 5 ], regulations of the
				  Illinois Pollution Control Board, the Federal Water Pollution Control Act (
				  33 U.S.C.
				  1251 ) as now or hereafter amended, and
				  regulations pursuant thereto, and schedules for achieving compliance therewith
				  at the earliest reasonable date.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 352 - PROCEDURES FOR DETERMINING WATER QUALITY BASED PERMIT LIMITATIONS FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DISCHARGERS TO THE LAKE MICHIGAN BASIN › Subpart A - INTRODUCTION › Section 352.102 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
The regulations in this Part 352 apply only to dischargers to
				  the Lake Michigan Basin, as that term is defined at 35 Ill. Adm. Code
				  303.443.
				  These regulations do not apply to a Wet Weather Point Source as that term is
				  defined at 35 Ill. Adm. Code
				  352.104.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 352 - PROCEDURES FOR DETERMINING WATER QUALITY BASED PERMIT LIMITATIONS FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DISCHARGERS TO THE LAKE MICHIGAN BASIN › Subpart A - INTRODUCTION › Section 352.103 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of this Part 352 is to establish implementation
				  procedures that are consistent with (as protective as) Appendix E and
				  Procedures 3, 4, 5, 6, 7, 8, and 9 of Appendix F to 40 CFR
				  132(1996).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 352 - PROCEDURES FOR DETERMINING WATER QUALITY BASED PERMIT LIMITATIONS FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DISCHARGERS TO THE LAKE MICHIGAN BASIN › Subpart A - INTRODUCTION › Section 352.105 - Incorporations by Reference

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Agency incorporates the following publications by reference.
Available from the Superintendent of Documents, U.S.
				  Government Printing Office, Washington D.C. 20402. (202)783-3238:
40
				  CFR 122.26(b)(8)
				  (1996)
40
				  CFR 122.26(b)(14)
				  (1996)
40
				  CFR 130.2(h) (1996)
40
				  CFR 130.2(i) (1996)
40
				  CFR 130.7(1996)
Table 6 of 40 CFR 132(1996)
Procedure 3.A of Appendix F of 40 CFR 132(1996)
Procedure 5.b.2 of Appendix F of 40 CFR 132(1996)
40 CFR 136(1996)
b) This Section incorporates no future
				editions or amendments.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 352 - PROCEDURES FOR DETERMINING WATER QUALITY BASED PERMIT LIMITATIONS FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DISCHARGERS TO THE LAKE MICHIGAN BASIN › Subpart A - INTRODUCTION › Section 352.106 - Relationship to Other Regulations

Current through Register Vol. 48, No. 28, July 12, 2024
Appendix F to 40 CFR 132 requires 9 specific permit
				  procedures for which Great Lakes states must adopt consistent provisions.
				  Procedures 1 and 2 of the Appendix requires procedures for site-specific
				  modifications to standards, criteria and values and procedures for variances
				  from water quality standards, criteria and values for point sources. These
				  requirements are within the authority of the Illinois Pollution Control Board,
				  not Illinois EPA, and therefore not contained in this Part. These procedures
				  are at 35 Ill. Adm. Code:Subtitle A, Chapter 1. Procedures 3 through 9 of the
				  Appendix require specific procedures for permit issuance and are contained in
				  Subparts B through H of this Part. Subpart I contains Agency permitting
				  procedures related to the special antidegradation provision for bioaccumulative
				  chemicals of concern at 35 Ill. Adm. Code 305.521.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 352 - PROCEDURES FOR DETERMINING WATER QUALITY BASED PERMIT LIMITATIONS FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DISCHARGERS TO THE LAKE MICHIGAN BASIN › Subpart C - ASSESSING HUMAN HEALTH IMPACTS OF MULTIPLE TOXIC SUBSTANCES INCLUDING ADDITIVITY PROCEDURES FOR CHLORINATED DIBENZO-P-DIOXINS AND CHLORINATED DIBENZOFURANS › Section 352.300 - Additivity for Combinations of Substances

Current through Register Vol. 48, No. 28, July 12, 2024
35 Ill. Adm. Code
				  302.590
				  establishes an acceptable additive risk level of one in 100,000 (10(-5)) for
				  establishing Tier I criteria and Tier II values for combinations of substances
				  exhibiting a carcinogenic or other nonthreshold toxic mechanism. For those
				  discharges containing multiple nonthreshold substances, application of this
				  additive standard shall be consistent with Sections
				  352.302
				  and
				  352.303.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 352 - PROCEDURES FOR DETERMINING WATER QUALITY BASED PERMIT LIMITATIONS FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DISCHARGERS TO THE LAKE MICHIGAN BASIN › Subpart C - ASSESSING HUMAN HEALTH IMPACTS OF MULTIPLE TOXIC SUBSTANCES INCLUDING ADDITIVITY PROCEDURES FOR CHLORINATED DIBENZO-P-DIOXINS AND CHLORINATED DIBENZOFURANS › Section 352.302 - Values for 2,3,7,8-TCDD Toxicity Equivalence Concentrations

Current through Register Vol. 48, No. 28, July 12, 2024
a) For discharges
				in the Lake Michigan basin containing one or more 2,3,7,7,8-substituted
				chlorinated dibenzo-p-dioxins or 2,3,7,8-substituted dibenzofurans, the
				2,3,7,8-TCDD toxicity equivalence concentration
				(TECTCDD) shall be determined as outlined in subsection
				(b).
b) The values listed in this
				Table 1 shall be used to determine the 2,3,7,8-TCDD toxicity equivalence
				concentrations using the following equation:
TECTCDD
=
[SIGMA]
CxTEFxBEFx
where:
TECTCDD
=
2,3,7,8-TCDD toxicity equivalence concentration in
							 effluent
Cx
=
Concentration of total chemical x in effluent
TEFx
=
TCDD toxicity equivalency factor for x
BEFx
=
TCDD bioaccumulation equivalency factor for x
TABLE 1
Congener
TEF
BEF
2,3,7,8-TCDD
1.0
1.0
1,2,3,7,8-PeCdd
0.5
0.9
1,2,3,4,7,8-HxCDD
0.1
0.3
1,2,3,6,7,8-HxCDD
0.1
0.1
1,2,3,7,8,9-HxCDD
0.1
0.1
1,2,3,4,6,7,8-HpCDD
0.01
0.05
OCDD
0.001
0.01
2,3,7,8-TCDF
0.1
0.8
1,2,3,7,8-PeCDF
0.05
0.2
2,3,4,7,8-PeCDF
0.5
1.6
1,2,3,4,7,8-HxCDF
0.1
0.08
1,2,3,6,7,8-HxCDF
0.1
0.2
2,3,4,6,7,8-HxCDF
0.1
0.7
1,2,3,7,8,9-HxCDF
0.1
0.6
1,2,3,4,6,7,8-HpCDF
0.01
0.01
1,2,3,4,7,8,9-HpCDF
0.01
0.4
OCDF
0.001
0.02
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 352 - PROCEDURES FOR DETERMINING WATER QUALITY BASED PERMIT LIMITATIONS FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DISCHARGERS TO THE LAKE MICHIGAN BASIN › Subpart C - ASSESSING HUMAN HEALTH IMPACTS OF MULTIPLE TOXIC SUBSTANCES INCLUDING ADDITIVITY PROCEDURES FOR CHLORINATED DIBENZO-P-DIOXINS AND CHLORINATED DIBENZOFURANS › Section 352.303 - Criteria for Consideration of Additivity for Nonthreshold Toxic Substances

Current through Register Vol. 48, No. 28, July 12, 2024
Any combination of carcinogenic or otherwise nonthreshold
				  toxic substances shall be assessed on a case by case basis. The Agency shall
				  only consider such additivity for chemicals that exhibit the same type of
				  effect and the same mechanism of toxicity, based on available scientific
				  information that supports a reasonable assumption of additive
				  effects.