Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS › Subpart C - LOCATION RESTRICTIONS › Section 845.310 - Wetlands

Current through Register Vol. 48, No. 28, July 12, 2024
a) Existing and new
				CCR surface impoundments, and all lateral expansions of CCR surface
				impoundments, must not be located in wetlands unless the owner or operator
				demonstrates the following:
1) When
				applicable under section 404 of the Clean Water Act, Interagency Wetlands
				Policy Act of 1989 [20 ILCS 830] and Rivers, Lakes, and Streams Act [615 ILCS
				5], or other applicable State wetlands laws, a clear and objective rebuttal of
				the presumption that an alternative to the CCR surface impoundment is
				reasonably available that does not involve wetlands.
2) The construction and operation of the CCR
				surface impoundment will not cause or contribute to any of the following:
A) A violation of any applicable State or
				federal water quality standard;
B)
				A violation of any applicable toxic effluent standard or prohibition under
				section 307 of the Clean Water Act;
C) Jeopardize the continued existence of
				endangered or threatened species or result in the destruction or adverse
				modification of a critical habitat, protected under the Endangered Species Act
				of 1973 (16
				USC 1531 et seq.) and the Illinois Endangered
				Species Protection Act [520 ILCS 10]; and
D) A violation of any requirement under the
				Marine Protection, Research, and Sanctuaries Act of 1972 (16 USC
				1431 and
				33
				USC 1401) for the protection of a marine sanctuary.
3) The CCR surface impoundment will not cause
				or contribute to significant degradation of wetlands by addressing all the
				following factors:
A) Erosion, stability, and
				migration potential of native wetland soils, muds and deposits used to support
				the CCR surface impoundment;
B)
				Erosion, stability, and migration potential of dredged and fill materials used
				to support the CCR surface impoundment;
C) The volume and chemical nature of the
				CCR;
D) Impacts on fish, wildlife,
				and other aquatic resources and their habitat from release of CCR;
E) The potential effects of catastrophic
				release of CCR to the wetland and the resulting impacts on the environment;
				and
F) Any additional factors, as
				necessary, to demonstrate that ecological resources in the wetland are
				sufficiently protected.
4) To the extent required under section 404
				of the Clean Water Act or applicable State wetlands laws, steps have been taken
				to attempt to achieve no net loss of wetlands (as defined by acreage and
				function) by first avoiding impacts to wetlands to the maximum extent
				reasonable as required by subsections (a)(1) through (3), then minimizing
				unavoidable impacts to the maximum extent reasonable, and, finally, offsetting
				remaining unavoidable wetland impacts through all appropriate and reasonable
				compensatory mitigation actions (e.g., restoration of existing degraded
				wetlands or creation of man-made wetlands); and
5) Sufficient information is available to
				make a reasoned determination with respect to the demonstrations in subsections
				(a)(1) through (4).