reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 309 - PERMITS › Subpart A - NPDES PERMITS › Section 309.114 - Notice to Other Governmental Agencies

Current through Register Vol. 48, No. 28, July 12, 2024
When it issues a public notice under Sections
				  309.109 through
				  309.112, the Agency must:
a) Send a fact sheet, if one has been
				prepared, to any other states whose waters may be affected by issuing the
				proposed permit and, upon request, provide the states with a copy of the
				application and a copy of the draft permit. Each affected state must be allowed
				to submit written recommendations within a stated number of days to the Agency
				and to the Regional Administrator of the U.S. Environmental Protection Agency,
				which the Agency may incorporate into the permit if issued. If the Agency
				declines to incorporate any written recommendations timely received from other
				states, it must provide to the affected state or states and to the Regional
				Administrator a written explanation of its reasons for not accepting any of the
				written recommendations.
b)
				Following the procedure in subsection (a), notify and receive recommendations
				from any interstate agency having water quality control authority over waters
				that may be affected by the permit.
c) Unless otherwise waived under
				40 CFR
				124.10(c), send according to
				40 CFR
				124.10(c)(1)(iii) and (iv) a
				copy of the public notice and a copy of the fact sheet for NPDES Permit
				applications to the U.S. Army Corps of Engineers, any other Federal and State
				agencies with jurisdiction over fish, shellfish, and wildlife resources, the
				Advisory Council on Historic Preservation, State Historic Preservation
				Officers, and other appropriate government authorities, including affected
				States, and give the agencies an opportunity to respond, comment, or request a
				public hearing under 35 Ill. Adm. Code
				309.115 through
				309.119. The agencies must
				include at least the following:
1) The agency
				responsible for preparing an approved plan under section 208(b) of the CWA;
				and
2) The state or interstate
				agency responsible for preparing a plan under an approved continuous planning
				process under section 303(e) of the CWA.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 309 - PERMITS › Subpart A - NPDES PERMITS › Section 309.115 - Public Hearings on NPDES Permit Applications

Current through Register Vol. 48, No. 28, July 12, 2024
a) Agency Determination on Whether to Hold a
				Public Hearing
1) The Agency must hold a
				public hearing on issuing or denying an NPDES Permit or group of permits
				whenever the Agency determines that there exists a significant degree of public
				interest in the proposed permit or group of permits to warrant holding a
				hearing. Instances of doubt must be resolved in favor of holding the
				hearing.
2) Any person, including
				the applicant, may submit to the Agency a request for a public hearing or a
				request to be a party at such a hearing to consider the proposed permit or
				group of permits. Requests for a public hearing must be filed within the 30-day
				public comment period and must indicate the interest of the party filing the
				request and the reasons why a hearing is warranted.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 309 - PERMITS › Subpart A - NPDES PERMITS › Section 309.116 - Notice of Agency Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency must issue public notice of the hearing at least
				  30 days before the date of the hearing, in the manner described by Sections
				  309.109 through
				  309.112 for public notice. The
				  Agency must send notices of the hearing to all persons and governmental
				  agencies who received notice of the application under Sections
				  309.109 through
				  309.112 and
				  309.114. The notice must include
				  at least the following:
a) Name,
				address, and telephone number of the Agency;
b) Name and address of each applicant whose
				application will be considered at the hearing;
c) Name of the waterway to which each
				applicant's discharge is to be made and a short description of the location of
				each such discharge on the waterway;
d) A brief reference to the public notice
				issued for the NPDES application, including identification number (if any) and
				date of issuance;
e) Information
				regarding the time and location of the hearing;
f) The purpose of the hearing;
g) A concise statement of the issues to be
				considered at the hearing;
h)
				Address and telephone number of premises at which interested persons may obtain
				further information, request a copy of the draft permit, request a copy of the
				fact sheet, request a copy of the regulations governing the conduct of the
				hearing, and inspect and copy NPDES forms and related documents; and
i) A statement that the hearing will be
				conducted under Sections
				309.115 through
				309.119.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 309 - PERMITS › Subpart A - NPDES PERMITS › Section 309.117 - Agency Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
The applicant or any person must be permitted to submit oral
				  or written statements and data concerning the proposed permit or group of
				  permits. The Chair has the authority to fix reasonable limits upon the time
				  allowed for oral statements and may require statements in
				  writing.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 309 - PERMITS › Subpart A - NPDES PERMITS › Section 309.118 - Agency Hearing File

Current through Register Vol. 48, No. 28, July 12, 2024
a) Following the
				public hearing, the Chair must prepare a hearing file, which must include:
1) Copies of statements submitted in
				writing;
2) A summary of the
				statements submitted orally;
3) A
				report of the major issues raised at the hearing;
4) An estimate of the number of persons
				present; and
5) The Chair's
				recommendations concerning actions to be taken on the proposed permit or
				permits as a result of the hearing.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 309 - PERMITS › Subpart A - NPDES PERMITS › Section 309.119 - Agency Action After Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
Subject to Section
				  309.120 and after the public
				  hearing the Agency may make appropriate modifications in the terms and
				  conditions of proposed permits and must transmit to the Regional Administrator
				  for approval a copy of the permit proposed to be issued unless the Regional
				  Administrator has waived the right to receive and review permits of its class.
				  The Agency must provide a notice of this transmission to the applicant, to any
				  person who participates in the public hearing, to any person who requested a
				  public hearing, and to appropriate persons on the mailing list established
				  under Sections 309.109 through
				  309.112. The notice must briefly
				  indicate all significant changes made to the draft permit's terms and
				  conditions. All permits become effective when issued unless a different date is
				  specified in the permit.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 309 - PERMITS › Subpart A - NPDES PERMITS › Section 309.120 - Reopening the Record to Receive Additional Written Comment

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency must order the public comment
				period reopened to receive additional written comments when the Agency
				significantly modifies the draft permit and the final permit is not a logical
				outgrowth of the proposed draft permit. In determining if the final permit is a
				logical outgrowth of the draft permit, the Agency must consider whether any of
				the following circumstances exist:
1) The
				interested parties could not have reasonably anticipated the final permit from
				the draft permit;
2) A new round of
				notice and comment would provide interested parties the first opportunity to
				offer comments on the issue; or
3)
				The provisions in the final permit deviate sharply from the concepts included
				in the draft permit or suggested by the commenters.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 309 - PERMITS › Subpart A - NPDES PERMITS › Section 309.141 - Terms and Conditions of NPDES Permits

Current through Register Vol. 48, No. 28, July 12, 2024
In establishing the terms and conditions of each issued NPDES
				  Permit, the Agency must apply and ensure compliance with all of the following,
				  whenever applicable:
a) Effluent
				limitations under sections 301 and 302 of the CWA;
b) Standards of performance for new sources
				under section 306 of the CWA;
c)
				Effluent standards, effluent prohibitions, and pretreatment standards under
				section 307 of the CWA;
d) Any more
				stringent limitations, including those:
1)
				necessary to meet water quality standards, treatment standards, or schedules of
				compliance, established under any Illinois statute or regulation (under
				authority preserved by section 510 of the CWA);
2) necessary to meet any other federal law or
				regulation; or
3) required to
				implement any applicable water quality standards, including any legally
				applicable requirements necessary to implement total maximum daily loads
				established under section 303(d) of the CWA and incorporated in the continuing
				planning process approved under section 303(e) of the CWA and any regulations
				or guidelines issued under that statute;
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 309 - PERMITS › Subpart A - NPDES PERMITS › Section 309.142 - Water Quality Standards and Waste Load Allocation

Current through Register Vol. 48, No. 28, July 12, 2024
If an NPDES Permit includes as conditions the effluent
				  standards and limitations described in Sections
				  309.141,
				  309.142, and
				  309.143, the Agency must
				  determine and verify that the discharge authorized by the permit will not
				  violate applicable water quality standards or a schedule of compliance to
				  achieve applicable water quality standards contained in the NPDES Permit. If an
				  NPDES Permit applies any more stringent effluent limitation based on applicable
				  water quality standards, a waste load allocation must be prepared to ensure
				  that the discharge authorized by the permit is consistent with applicable water
				  quality standards.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 309 - PERMITS › Subpart A - NPDES PERMITS › Section 309.143 - Effluent Limitations

Current through Register Vol. 48, No. 28, July 12, 2024
a) Effluent
				limitations must control all pollutant or pollutant parameters (conventional,
				nonconventional, or toxic pollutants) that the Agency determines are, or may
				be, discharged at a level that will cause, have the reasonable potential to
				cause, or contribute to an excursion above any State water quality standard,
				including State narrative criteria for water quality. When determining whether
				a discharge causes, has the reasonable potential to cause, or contributes to an
				in-stream excursion above a narrative or numeric criteria within a State water
				quality standard, the Agency must use procedures that account for existing
				controls on point and nonpoint sources of pollution, the variability of the
				pollutant or pollutant parameter in the effluent, the sensitivity of the
				species to toxicity testing (when evaluating whole effluent toxicity), and,
				when appropriate, the dilution of the effluent in the receiving
				water.
b) In the application of
				effluent standards and limitations, water quality standards, and other
				applicable requirements, the Agency must, for each permit, specify average and
				maximum daily quantitative limitations for the level of pollutants in the
				authorized discharge in terms of weight (except pH, temperature, radiation, and
				any other pollutants not appropriately expressed by weight, and except for
				discharges whose constituents cannot be appropriately expressed by weight). The
				Agency may, in its discretion, in addition to specifying daily quantitative
				limitations by weight, specify other limitations, such as average or maximum
				concentration limits, for the level of pollutants in the authorized discharge.
				Effluent limitations for multiproduct operations must provide for appropriate
				waste variations from such plants. When a schedule of compliance is included as
				a condition in a permit, effluent limitations must be included for the interim
				period as well as for the period following the final compliance date.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 309 - PERMITS › Subpart A - NPDES PERMITS › Section 309.144 - Federal New Source Standards of Performance

Current through Register Vol. 48, No. 28, July 12, 2024
Regardless of any other provisions of these rules, any point
				  source whose construction began after October 18, 1972, and that is constructed
				  to meet all applicable federal standards of performance as defined in section
				  306 of the CWA and 35 Ill. Adm. Code
				  301.400, must not be subject to
				  any more stringent federal standard of performance during:
a) A 10-year period beginning on the date of
				completion of the construction, or
b) The period of depreciation or amortization
				of the facility for section 167 or 169 (or both) of the Internal Revenue Code
				of 1954 (26 U.S.C.
				167 and
				169), whichever period ends
				first.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 309 - PERMITS › Subpart A - NPDES PERMITS › Section 309.146 - Authority to Establish Recording, Reporting, Monitoring, and Sampling Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Agency must require every holder of an NPDES Permit, as a condition of the
				NPDES Permit issued to the holder, to:
1)
				Establish, maintain, and retain records;
2) Make reports adequate to determine the
				compliance or lack of compliance with all effluent limits and special
				conditions in the permit;
3)
				Install, calibrate, use, and maintain monitoring equipment or methods
				(including, when appropriate, biological monitoring methods);
4) Take samples of effluents (according to
				the methods, at the locations, at the intervals, and in the manner as may be
				prescribed); and
5) Provide other
				information as may reasonably be required.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 309 - PERMITS › Subpart A - NPDES PERMITS › Section 309.147 - Authority to Apply Entry and Inspection Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any holder of an NPDES Permit and any
				industrial user of a publicly owned or publicly regulated sewage treatment
				plant must be required, as a condition of the NPDES Permit issued to the holder
				and in compliance with constitutional limitations, to allow any authorized
				representative of the Agency, upon presentation of that representative's
				credentials, to:
1) Enter any premises of a
				permittee or an industrial user of a publicly owned or publicly regulated
				treatment works in which an effluent source is located or in which any
				applicable records are located that are required to be maintained;
2) At reasonable times have access to and
				copy any records required to be maintained;
3) Inspect any monitoring equipment or method
				that is required;
4) Have access to
				and sample any discharge of contaminants to State waters or to publicly owned
				or publicly regulated treatment works resulting from the activities or
				operations of the permittee or industrial user; and
5) Inspect, sample, photograph, or otherwise
				investigate any part of the facilities or equipment of the permit holder or
				industrial user that the Agency may deem necessary to determine the possibility
				of a present or future violation of the Act, applicable regulations, or any
				NPDES Permit conditions.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 309 - PERMITS › Subpart A - NPDES PERMITS › Section 309.148 - Schedules of Compliance

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency must establish schedules of compliance in NPDES
				  Permits in the following manner:
a)
				For any discharge that is not in compliance with applicable effluent standards
				and limitations, applicable water quality standards, or other legally
				applicable requirements, the permittee must be required to take specific steps
				to achieve compliance in the shortest reasonable period consistent with the
				guidelines and requirements of CWA and the Act.
b) If the period for compliance specified in
				subsection (a) exceeds 9 months, the permit must specify a schedule of
				compliance with interim requirements and the dates for their achievement; more
				than 9 months must not elapse between interim dates. If the time necessary for
				completing any interim requirement is more than 9 months and not readily
				divisible into stages for completion, the permit must specify interim dates to
				submit progress reports on completing the interim requirement. For each NPDES
				Permit schedule of compliance, interim dates and the final date for compliance
				must, to the extent practicable, fall on the last day of March, June,
				September, and December.
c) Not
				later than 14 days after each interim date and the final date of compliance,
				the permittee must provide the Agency with written notice of the permittee's
				compliance or noncompliance with the interim or final requirement.
d) Interim and final compliance dates in
				NPDES permits must be enforceable without otherwise showing a violation of an
				effluent limitation or injury to water quality.
e) The Agency may establish schedules of
				compliance in NPDES permits under applicable federal requirements that may be
				earlier or later than deadlines established by otherwise applicable Board rules
				but all schedules of compliance must require compliance at the earliest
				reasonable date. Further, the Agency must not issue an NPDES Permit containing
				a schedule of compliance beyond July 1, 1977, or any other compliance date
				established by federal law, to any applicant who is not in compliance with or
				has not obtained a variance, adjusted standard, or time-limited water quality
				standard from applicable Illinois water pollution rules, or has not been
				ordered to apply for and obtain all necessary permits in an appropriate Board
				enforcement action for which the deadline for compliance occurred before
				October 24, 1977.
f) If an NPDES
				permit includes a schedule of compliance, the Agency must include in its final
				determination a statement of the factual basis for such schedule.
g) Schedules of compliance established by the
				Agency in NPDES Permits must be subject to review by the Board under Sections
				309.181 and
				309.182.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 309 - PERMITS › Subpart A - NPDES PERMITS › Section 309.149 - Authority to Require Notice of Introduction of Pollutants into Publicly Owned Treatment Works

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency must include in all NPDES Permits issued to
				  publicly owned or publicly regulated treatment works conditions requiring the
				  permittee to give notice to the Agency of the following:
a) Any new introduction of pollutants into
				the treatment works from a source that would be a new source as defined in
				section 306 of the CWA if the source were discharging pollutants directly to
				the waters of the State;
b) Except
				for categories and classes of point sources or discharges that may be specified
				by the Agency, any new introduction of pollutants into the treatment works from
				a source that would be a point source subject to section 301 of the CWA if it
				were discharging those pollutants directly to the waters of the
				State;
c) Any substantial change in
				volume or character of pollutants being introduced into the treatment works by
				a source introducing pollutants into the works at the time the permit is
				issued; and
d) All notices required
				of publicly owned or publicly regulated treatment works under this section must
				be in the form and content required by the Agency, and must include information
				on:
1) The quality and quantity of wastewater
				to be introduced into such treatment works, and
2) Any anticipated impact of such change in
				the quantity or quality of effluent to be discharged from the publicly owned or
				publicly regulated treatment works.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 309 - PERMITS › Subpart A - NPDES PERMITS › Section 309.150 - Authority to Ensure Compliance by Industrial Users with Sections 204(b), 307, and 308 of the Clean Water Act

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any
				NPDES Permit issued to a publicly owned or publicly regulated treatment works
				must include a condition requiring that the permittee require any industrial
				user of the treatment works to comply with federal requirements concerning:
1) User charges and recovery of construction
				costs under section 204(b) of the CWA and applicable regulations in
				40 CFR
				35;
2) Toxic pollutant effluent standards and
				pretreatment standards under section 307 of the CWA; and
3) Inspection, monitoring, and entry under
				section 308 of the CWA.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 309 - PERMITS › Subpart A - NPDES PERMITS › Section 309.151 - Maintenance and Equipment

Current through Register Vol. 48, No. 28, July 12, 2024
Any NPDES Permit issued must include as a condition that the
				  permittee must maintain in good working order and operate as efficiently as
				  possible any facilities or systems of control installed by the permittee to
				  achieve compliance with the terms and conditions of the
				  permit.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 309 - PERMITS › Subpart A - NPDES PERMITS › Section 309.152 - Toxic Pollutants

Current through Register Vol. 48, No. 28, July 12, 2024
Any NPDES Permit issued must include as a condition that if a
				  toxic effluent standard or prohibition (including any schedule of compliance
				  specified in the effluent standard or prohibition) is established under section
				  307(a) of the CWA for a toxic pollutant present in the permittee's discharge
				  and that standard or prohibition is more stringent than any limitation upon the
				  pollutant in the NPDES Permit, the Agency must revise or modify the permit
				  according to the more stringent standard or prohibition and must notify the
				  permittee.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 309 - PERMITS › Subpart A - NPDES PERMITS › Section 309.154 - Authorization to Construct

Current through Register Vol. 48, No. 28, July 12, 2024
a) A person
				must not cause or allow the construction of any new treatment works, disposal
				well, or wastewater source for which an NPDES Permit is required or cause or
				allow the modification of any existing treatment works, disposal well, or
				wastewater source for which an NPDES Permit is required unless the NPDES Permit
				contains an authorization to construct as a condition of the permit.
b) Any holder of a valid NPDES Permit who
				proposes or is required as a condition of the NPDES Permit or of any order of
				the Board to construct or modify any treatment works, disposal well, wastewater
				source, or process modification that results in new or increased discharges of
				pollutants must complete, sign, and submit an NPDES application for the
				construction or modification, according to the instructions provided with the
				form, no later than 180 days before the date on which construction or
				modification is to begin. A person must not commence construction until the
				holder of the NPDES Permit receives a modification to the NPDES Permit, or a
				new NPDES Permit if required, containing an authorization to construct as a
				condition of the permit.
c) The
				Agency must not issue any authorization to construct unless the applicant
				submits adequate proof, including any of the information or documents listed in
				Section 309.221 that the Agency may
				require, ensuring that the proposed construction, modification, or operation:
1) Either conforms to the criteria
				promulgated by the Agency under Section
				309.221 or is based on other
				criteria that the applicant proves will produce consistently satisfactory
				results; and
2) Will not cause a
				violation of the conditions of the NPDES Permit.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 309 - PERMITS › Subpart A - NPDES PERMITS › Section 309.155 - Sewage Sludge Disposal

Current through Register Vol. 48, No. 28, July 12, 2024
In establishing the terms and conditions of each issued NPDES
				  Permit, the Agency must apply and ensure compliance with applicable regulations
				  promulgated under section 405 of the CWA governing the disposal of sewage
				  sludge from treatment works.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 309 - PERMITS › Subpart A - NPDES PERMITS › Section 309.156 - Total Dissolved Solids Reporting and Monitoring

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency must by permit condition require monitoring and
				  reporting levels of total dissolved solids in effluents unless it finds that
				  this reporting and monitoring are not required to accomplish the purposes of
				  the Act. Monitoring of total dissolved solids levels must be by any reasonably
				  reliable method.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 309 - PERMITS › Subpart A - NPDES PERMITS › Section 309.157 - Permit Limits for Total Metals

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				NPDES permit limits for metals must be expressed in total metals form even
				though the water quality standards for metals specified in 35 Ill. Adm. Code
				302.208(e),
				302.504(a), and
				304.105 are in their dissolved
				form. The total metals permit limit is determined by multiplying the dissolved
				metals concentration and the appropriate metals translator.
b) Site-specific metals translators must be
				determined according to "The Metals Translator: Guidance for Calculating a
				Total Recoverable Permit Limit from a Dissolved Criterion," incorporated by
				reference at 35 Ill. Adm. Code
				301.106.
c) Except as otherwise specified in
				subsection (d), the reciprocal of the conversion factor multiplier used for
				obtaining the dissolved metals standards at 35 Ill. Adm. Code
				302.208(e) and
				302.504(a)
				becomes the metals translator and the resulting total metals value becomes the
				NPDES permit limit.
d) A permittee
				may request the Agency to calculate a total metals permit limit based on a
				site-specific metals translator. Upon review and approval of the information
				submitted by the permittee, the Agency must calculate a total metals permit
				limit that is protective of the dissolved metals water quality
				standard.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 309 - PERMITS › Subpart A - NPDES PERMITS › Section 309.181 - Appeal of Final Agency Action on a Permit Application

Current through Register Vol. 48, No. 28, July 12, 2024
a) If any NPDES Permit has been issued or
				denied by the Agency, any appeal of the issuance or denial of the permit, or of
				any of its terms or conditions, must be to the Board according to its
				Procedural Rules.
b) The appeal
				must be filed within 35 days after final Agency action.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 309 - PERMITS › Subpart A - NPDES PERMITS › Section 309.182 - Authority to Modify, Suspend or Revoke Permits

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any person, whether or not a party to or
				participant at an earlier proceeding before the Agency or the Board, may file a
				complaint for modification, suspension, or revocation of an NPDES Permit in
				accordance with this Section and 35 Ill. Adm. Code 103.
b) The Board, after complaint and hearing
				according to the Act and its Procedural Rules, may modify, suspend, or revoke
				any NPDES permit in whole or in part in any manner consistent with the Act,
				applicable Board rules, and federal requirements upon proof of cause, including
				the following:
1) Violation of any terms or
				conditions of the permit (including schedules of compliance and conditions
				concerning monitoring, entry, and inspection);
2) Obtaining a permit by misrepresentation or
				failure to disclose fully all relevant facts; or
3) A change in any circumstance that mandates
				either a temporary or permanent reduction or elimination of the permitted
				discharge.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 309 - PERMITS › Subpart A - NPDES PERMITS › Section 309.183 - Revision of Schedule of Compliance

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency may, upon request of the
				applicant, revise or modify a schedule of compliance in an issued NPDES Permit
				if it determines a good and valid cause (such as an Act of God, strike, flood,
				materials shortage, or another event over which the permittee has little or no
				control) exists for the revision and if, within 30 days following receipt of
				notice from the Agency, the Regional Administrator of the U.S. Environmental
				Protection Agency does not object in writing.
b) Under subsection (a), the Agency must not
				extend a final compliance date more than a total of 90 days as originally
				contained in the permit.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 309 - PERMITS › Subpart A - NPDES PERMITS › Section 309.184 - Regulatory Relief

Current through Register Vol. 48, No. 28, July 12, 2024
To the extent authorized by the CWA and the Act, the Board
				  may grant variances, adjusted standards, or time limited water quality
				  standards from standards, limitations, and requirements imposed by these NPDES
				  rules. If the Board grants a variance, adjusted standard, or time-limited water
				  quality standard, the Board must order the Agency to issue or modify an NPDES
				  Permit consistent with the Board Order, the CWA, federal NPDES regulations, and
				  the Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 309 - PERMITS › Subpart B - OTHER PERMITS › Section 309.201 - Preamble

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Subpart B
				establishes basic rules for issuing permits to construct, modify, and operate
				treatment works, pretreatment works, sewers, wastewater sources, and other
				discharges that are not required to have NPDES Permits.
b) The following discharges are exempt from
				the operating permit requirement of this Subpart. However, they may be subject
				to the construction permit requirement:
1)
				discharges for which a pretreatment permit has been issued by the Agency under
				35 Ill. Adm. Code 310;
2)
				discharges for which a pretreatment permit has been issued by USEPA under the
				federal Clean Water Act; or
3)
				discharges for which an authorization has been issued by a publicly owned
				treatment works (POTW) with a pretreatment program approved by the Agency under
				35 Ill. Adm. Code 310 or approved by USEPA under federal
				law.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 309 - PERMITS › Subpart B - OTHER PERMITS › Section 309.202 - Construction Permits

Current through Register Vol. 48, No. 28, July 12, 2024
Except for treatment works or wastewater sources that have or
				  will have discharges for which NPDES Permits are required, and for which NPDES
				  Permits have been issued by the Agency:
a) A person must not cause or allow the
				construction of any new treatment works, sewer or wastewater source or cause or
				allow the modification of any existing treatment works, sewer, or wastewater
				source without a construction permit issued by the Agency, except as provided
				in subsections (c) and (d).
b) For
				groundwater remediation systems, with or without pretreatment, a permit is
				required for the construction of:
1) a new
				sewer to a publicly owned or publicly regulated sanitary or combined sewer;
				or
2) a wastewater source that
				discharges to a publicly owned or publicly regulated sanitary or combined
				sewer.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 309 - PERMITS › Subpart B - OTHER PERMITS › Section 309.203 - Operating Permits; New or Modified Sources

Current through Register Vol. 48, No. 28, July 12, 2024
a) A person must not cause or allow the use
				or operation of any treatment works, sewer, pretreatment works, or wastewater
				source for which a construction permit is required under Section
				309.202 without an operating
				permit issued by the Agency, except as may be authorized by the construction
				permit.
b) No operating permit is
				required under this Section for any discharge:
1) for which an NPDES permit is
				required;
2) for which a
				pretreatment permit has been issued by the Agency, under 35 Ill. Adm. Code
				310;
3) for which a pretreatment
				permit has been issued by USEPA under federal law; or
4) for which an authorization to discharge
				has been issued by a POTW with a pretreatment program approved by the Agency
				under 35 Ill. Adm. Code 310 or approved by USEPA under federal law.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 309 - PERMITS › Subpart B - OTHER PERMITS › Section 309.204 - Operating Permits; Existing Sources

Current through Register Vol. 48, No. 28, July 12, 2024
a) A person must not cause or allow the use
				or operation of any treatment works, pretreatment works, or wastewater source
				without an operating permit issued by the Agency, except as provided in
				subsections (b), (c), and (d).
b)
				No operating permit is required under this Section for any discharge:
1) for which an NPDES permit is
				required;
2) for which a
				pretreatment permit has been issued by the Agency under 35 Ill. Adm. Code
				310;
3) for which a pretreatment
				permit has been issued by USEPA under federal law; or
4) for which an authorization to discharge
				has been issued by a POTW with a pretreatment program approved by the Agency,
				under 35 Ill. Adm. Code 310, or approved by USEPA under federal law.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 309 - PERMITS › Subpart B - OTHER PERMITS › Section 309.205 - Joint Construction and Operating Permits

Current through Register Vol. 48, No. 28, July 12, 2024
If the Agency determines that a proposed treatment works,
				  pretreatment works, sewer, or wastewater source is sufficiently standard to
				  obviate the need for separate construction and operating permits, the Agency
				  may issue a joint construction and operating permit.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 309 - PERMITS › Subpart B - OTHER PERMITS › Section 309.206 - Experimental Permits

Current through Register Vol. 48, No. 28, July 12, 2024
a) To promote
				developing water pollution control technology, the Agency may issue
				experimental permits for treatment processes or techniques that do not satisfy
				the standards for issuance in Section
				309.241 if the applicant submits
				clear, cogent, and convincing proof that the process or technique has a
				reasonable and substantial chance for success.
b) The existence of a valid experimental
				permit constitutes a prima facie defense to any action brought against the
				permittee for a violation of this Chapter, but only to the extent that such
				action is based on the failure of the process or techniques, during the period
				of validity of the permit, to meet the effluent limitations of water quality
				standards of this Chapter.
c) An
				experimental permit may not be issued instead of an NPDES Permit when an NPDES
				Permit is required.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 309 - PERMITS › Subpart B - OTHER PERMITS › Section 309.208 - Permits for Sites Receiving Sludge for Land Application

Current through Register Vol. 48, No. 28, July 12, 2024
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 septic tank sludges generated from domestic sources; or
3) The site is regulated under the Board's
				rules; 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 that has either a valid operating permit issued by
				the Agency or an NPDES Permit with a sludge management scheme approved by the
				Agency. The sludge generator must inform the user that this requirement has
				been met; and
B) The sludge user
				applies the sludge to less than 121 hectares (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.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 309 - PERMITS › Subpart B - OTHER PERMITS › Section 309.221 - Applications - Contents

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
				applications for any permit required under Subpart B must contain, when
				appropriate, the following information and documents:
1) A complete description of the volume and
				nature of the wastewater influent and effluent to be transported, treated or
				discharged, including a statement concerning the presence or absence of all
				contaminants for which effluent or water quality standards are set by this
				chapter; and
2) A description of
				the present condition of the receiving body of water and the effect of the
				wastewater on such receiving body of water; and
3) A statement of any projected changes in
				the volume or nature of the wastewater that the applicant desires to have
				included within the terms of the permit; and
4) A description of the geographic location
				of the facility or source, and its interrelation with any existing or proposed
				treatment works, sewer, or wastewater source that will transport, treat, or
				discharge the same wastewater; and
5) Plans and specifications, prepared by an
				Illinois Registered Professional Engineer when required by the Professional
				Engineering Practice Act of 1989 [225 ILCS 325 ], fully describing
				the design, nature, function, and interrelationship of each individual
				component of the facility or source, except that the Agency may waive this
				requirement for plans and specifications when the application is for a routine
				renewal; and
6) A statement
				identifying and justifying any departure from current design criteria
				promulgated by the Agency.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 309 - PERMITS › Subpart B - OTHER PERMITS › Section 309.222 - Applications - Signatures and Authorizations

Current through Register Vol. 48, No. 28, July 12, 2024
a) An application submitted by a corporation
				must be signed by a principal executive officer of at least the level of vice
				president, or a duly authorized representative who is responsible for the
				overall operation of the facility from which the discharge described in the
				application form originates. For a partnership or a sole proprietorship, the
				application must be signed by a general partner or the proprietor respectively.
				For a publicly owned facility, the application must be signed by a principal
				executive officer, ranking elected official, or another duly authorized
				employee.
b) Permit applications
				for sewer construction or modification must be accompanied by signed statements
				from the owners of all intermediate receiving sewers and the receiving
				treatment works certifying that their facilities have adequate capacity to
				transport, treat, or transport and treat, as applicable, the wastewater that
				will be added through the proposed sewer without violating any provisions of
				the Act and this Chapter.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 309 - PERMITS › Subpart B - OTHER PERMITS › Section 309.224 - Applications - Time to Apply

Current through Register Vol. 48, No. 28, July 12, 2024
Any person required under Subpart B to have a permit must
				  apply with the Agency at least 90 days before the date on which the permit is
				  required.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 309 - PERMITS › Subpart B - OTHER PERMITS › Section 309.225 - Applications - Filing and Final Action By Agency

Current through Register Vol. 48, No. 28, July 12, 2024
a) An application for a permit under Subpart
				B is not deemed to be filed until the Agency has received, at the designated
				address, all information, documents, and authorizations in the form and with
				the content required by Sections
				309.221,
				309.222, and
				309.223 and related Agency
				procedures; however, if the Agency fails to notify the applicant within 30 days
				after the filing of a purported application that the application is incomplete
				and the reason the Agency deems it incomplete, the application must be deemed
				to have been filed on the date of the purported filing. The applicant may treat
				the Agency's notification that an application is incomplete as a denial of the
				application for purposes of review.
b) If the Agency fails to take final action,
				by granting or denying the permit as requested or with conditions, within 90
				days after the filing of the application, the applicant may deem the permit
				granted for a one-year period starting on the 91st day after the application
				under Subpart B was filed.
c) Any
				applicant for a permit under Subpart B may waive the requirement that the
				Agency must take final action within 90 days after the filing of the
				application.
d) The Agency must
				send written notice of final action taken.
e) The Agency is deemed to have taken final
				action on the date that the notice is mailed.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 309 - PERMITS › Subpart B - OTHER PERMITS › Section 309.241 - Standards for Issuance

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Agency must not grant any permit required by this Subpart B, except an
				experimental permit under Section
				309.206, unless the applicant
				submits adequate proof that the treatment works, pretreatment works, sewer, or
				wastewater source will be constructed, modified, or operated so as not to cause
				a violation of the Act or this Subtitle.
b) If the Agency has promulgated criteria
				under Section 309.262 concerning any part or
				condition of a permit, then for purposes of permit issuance, proof of
				conformity with the criteria is prima facie evidence of no violation. However,
				non-conformity with the criteria is not grounds to deny the permit application
				if the applicant meets the condition of subsection (a).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 309 - PERMITS › Subpart B - OTHER PERMITS › Section 309.242 - Duration and Termination of Permits Issued Under Subpart B

Current through Register Vol. 48, No. 28, July 12, 2024
a) Construction permits for sewers and
				wastewater sources must require that construction be completed within two
				years. Construction permits for treatment works and pretreatment works must
				require that construction be completed within three years. In situations in
				which the magnitude and complexity of the project require it, the Agency may
				issue a construction permit, requiring completion within a period not to exceed
				five years.
b) Except under
				subsection (c), an operating permit must not have a duration in excess of five
				years. The Agency may issue operating permits for as short a period as may be
				necessary to facilitate basin planning, coordinate operating permits with
				future compliance deadlines, maintain intensive control over new or
				experimental processes, and provide for emergency situations.
c) The Agency may issue operating permits
				under Section 309.203 for sewers, wastewater
				sources, and pretreatment works for the lifetime of the sewer or the
				pretreatment works.
d) Regardless
				of subsections (b) and (c), any operating permit subject to this Subpart must
				expire when the Agency issues a modified or renewed permit.
e) A permittee may request termination of a
				permit by submitting the request in writing to the Agency in a format
				prescribed by the Agency. The Agency must send written confirmation of the
				termination to the permittee by certified or registered mail. Termination is
				effective on the date of written confirmation from the Agency.
f) A permit may be terminated by the Agency
				upon a determination that a facility no longer operates or exists. The Agency
				must send written notice by certified or registered mail to the last known
				address on the permit stating that the permitted system appears no longer in
				operation or existence. The permit must terminate 60 days after the date of
				notification unless the permittee requests that the permit stay in
				effect.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 309 - PERMITS › Subpart B - OTHER PERMITS › Section 309.243 - Conditions

Current through Register Vol. 48, No. 28, July 12, 2024
In addition to specific conditions authorized under this
				  Subpart B, the Agency may impose such conditions in any permit issued pursuant
				  to this Subpart B as may be necessary to accomplish the purposes of the Act, or
				  this Chapter, or the CWA, provided such conditions are not inconsistent with
				  this Chapter.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 309 - PERMITS › Subpart B - OTHER PERMITS › Section 309.244 - Appeals from Conditions in Permits

Current through Register Vol. 48, No. 28, July 12, 2024
An applicant may consider any condition imposed by the Agency
				  in a permit issued under Subpart B as a refusal by the Agency to grant the
				  permit, which entitles the applicant to appeal the Agency's decision to the
				  Board under Section 40 of the Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 309 - PERMITS › Subpart B - OTHER PERMITS › Section 309.261 - Permit No Defense

Current through Register Vol. 48, No. 28, July 12, 2024
Except as provided in Section
				  309.206, the issuance and
				  possession of a permit under this Subpart B does not constitute a defense to a
				  violation of the Act or this Chapter, except for construction or operation
				  without a permit.