reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 391 - DESIGN CRITERIA FOR SLUDGE APPLICATION ON LAND › Subpart E - SAMPLE COLLECTION AND ANALYSIS › Section 391.503 - Analyses of Sludge Samples

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				It is recommended that the following parameters be analyzed according to the
				referenced sections in Standard Methods for Examination of Water and Wastewater
				(14th ed), or as approved in 40 CFR 136. Other
				analyses or methodologies are acceptable provided equivalent results are
				obtainable. The permittee or applicant shall demonstrate that equivalent
				results are obtainable based on the nature of the test methodology, the nature
				of the parameter and the level of statistical accuracy.
1) Ammonia nitrogen, Part 418(D)
2) Total Kjeldahl nitrogen, Part 421
				(Macro-Kjeldahl Method in 15th Edition)
3) pH, part 424, glass electrode
				method
4) Volatile acids (total
				organic acids), Part 504-A, chromatographic method
5) % total solids, Part 208-G, "Procedure",
				Subpart 3.a.l. "Total Residue"
6) %
				volatile solids, Part 224-G, "Procedure", Subpart 3.a.2. "Volatile
				Residue"
7) Phosphorus (total),
				Part 425-C
8) Potassium (total),
				Part 317-B
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 391 - DESIGN CRITERIA FOR SLUDGE APPLICATION ON LAND › Subpart E - SAMPLE COLLECTION AND ANALYSIS › Section 391.510 - Collection of Soil Samples

Current through Register Vol. 48, No. 28, July 12, 2024
Soil sample collection shall be conducted so as to be
				  representative of the entire sludge application site.
a) Soil Plow Zone - one soil sample shall be
				collected per 8 acres of sludge application site area to a depth of 12 inches.
				Each soil sample shall be taken a homogeneous mixture composed of at least 10
				subsamples randomly collected within the 8 acre area.
b) Soil Profiles - one soil core sample per 8
				acres of land application site shall be obtained to a depth of 5 feet using a
				soil tube or soil auger type implement. Soil cores shall be divided into 5 one
				foot subsamples and each subsample shall be analyzed separately.
c) Soil sample collection pursuant to
				Subsections (a) and (b) may be modified by the Agency upon request by the
				applicant after considering the quality of the sludge, sludge application rate
				and continuity of soil types of the sludge application site.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 391 - DESIGN CRITERIA FOR SLUDGE APPLICATION ON LAND › Subpart E - SAMPLE COLLECTION AND ANALYSIS › Section 391.511 - Analyses of Soil Samples

Current through Register Vol. 48, No. 28, July 12, 2024
If the Agency requires soil sampling and analysis pursuant to
				  Section
				  391.430, the
				  method of analysis shall be performed in accordance with the following
				  references unless equivalent results can be obtained by other methods. The
				  permittee or applicant shall demonstrate that equivalent results are obtainable
				  based on the nature of the test methodology, the nature of the parameter and
				  the level of statistical accuracy.
a)
				Physical Testing Methods
1) Annual book of
				ASTM standards (1979), Part 19, American Society for Testing and Materials,
				1916 Race Street, Philadelphia, Pennsylvania 19103; or
2) Methods of Soil Analysis - Part 1 (1965),
				Physical and Mineralogical Properties, Agronomy Series No. 9, C.A. Black
				(editor), American Society of Agronomy, Inc. (Publisher), 677 South Segoe Road,
				Madison, Wisconsin 53711.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 391 - DESIGN CRITERIA FOR SLUDGE APPLICATION ON LAND › Subpart E - SAMPLE COLLECTION AND ANALYSIS › Section 391.520 - Groundwater Sampling and Analyses

Current through Register Vol. 48, No. 28, July 12, 2024
a) Groundwater samples shall be collected by
				one of the following methods:
1) Peristaltic
				pumps;
2) Submersible diaphragm
				pumps;
3) Bailing method using
				stainless steel or PVC materials;
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 391 - DESIGN CRITERIA FOR SLUDGE APPLICATION ON LAND › Subpart E - SAMPLE COLLECTION AND ANALYSIS › Appendix C - Average County Crop Yields (1978-1981)

Current through Register Vol. 48, No. 28, July 12, 2024
COUNTY
CORN
WHEAT
SOYBEANS
HAY (dry)
Adams
105
45
34
2.9
Alexander
86
37
28
2.0
Bond
92
45
30
2.9
Boone
121
50
38
3.7
Brown
113
42
32
2.8
Bureau
123
51
41
3.5
Calhoun
101
44
33
3.2
Carroll
121
45
38
3.8
Cass
120
41
37
3.1
Champaign
123
54
38
3.3
Christian
125
49
39
2.9
Clark
111
43
36
2.7
Clay
83
40
28
2.2
Clinton
88
43
30
3.4
Coles
119
47
39
3.1
Cook
103
45
31
2.9
Crawford
105
42
33
2.4
Cumberland
109
45
35
2.5
DeKalb
132
53
40
3.6
DeWitt
115
48
38
3.2
Douglas
116
52
40
3.2
DuPage
114
47
35
2.9
Edgar
115
50
38
2.9
Edwards
91
43
30
2.0
Effingham
106
48
33
2.6
Fayette
93
44
29
2.5
Ford
108
46
37
3.3
Franklin
72
40
23
2.2
Fulton
107
41
36
2.9
Gallatin
91
42
29
2.1
Greene
105
48
37
3.2
Grundy
116
43
37
3.3
Hamilton
77
43
25
2.1
Hancock
116
43
36
2.9
Hardin
70
37
25
2.0
Henderson
125
41
38
3.3
Henry
123
49
41
3.7
Iroquois
109
50
36
3.6
Jackson
78
38
28
2.5
Jasper
106
45
34
2.6
Jefferson
79
41
25
2.1
COUNTY
CORN
WHEAT
SOYBEANS
HAY (dry)
Jersey
107
49
34
3.1
Jo Daviess
115
49
37
3.7
Johnson
76
36
23
2.0
Kane
128
53
39
3.4
Kankakee
112
47
37
3.1
Kendall
119
48
37
3.2
Knox
120
44
42
3.4
Lake
101
43
31
3.2
LaSalle
123
48
40
3.5
Lawrence
94
42
32
2.3
Lee
125
51
39
3.7
Livingston
114
47
38
3.5
Logan
114
49
39
3.2
McDonough
121
44
40
3.2
McHenry
118
49
36
3.5
McLean
119
50
40
3.4
Macon
125
53
39
3.2
Macoupin
114
51
35
3.0
Madison
105
46
34
3.0
Marion
85
43
29
2.3
Marshall
113
43
39
3.4
Mason
101
41
36
2.9
Massac
80
37
25
2.0
Menard
117
46
40
3.2
Mercer
123
50
41
3.5
Monroe
100
47
34
3.2
Montgomery
117
49
35
2.9
Morgan
129
51
41
3.2
Moultrie
128
52
40
3.2
Ogle
122
51
40
3.8
Peoria
113
46
39
3.2
Perry
75
39
28
2.5
Piatt
123
54
39
3.2
Pike
104
44
34
3.1
Pope
71
36
24
1.9
Pulaski
81
39
28
2.2
Putnam
116
44
40
3.4
Randolph
85
41
31
2.9
Richland
92
43
30
2.3
Rock Island
121
46
39
3.6
St. Clair
101
49
34
2.9
Saline
75
40
24
2.1
Sangamon
128
50
41
3.2
Schuyler
106
42
34
2.8
COUNTY
CORN
WHEAT
SOYBEANS
HAY (dry)
Scott
114
46
36
3.2
Shelby
118
49
36
3.0
Stark
123
47
42
3.3
Stephenson
118
50
38
3.9
Tazewell
114
46
40
3.3
Union
82
38
27
2.1
Vermilion
118
50
37
3.2
Wabash
96
42
31
2.1
Warren
128
44
42
3.2
Washington
83
45
29
2.9
Wayne
83
40
26
1.9
White
83
43
27
2.2
Whiteside
122
48
40
3.8
Will
108
49
34
3.2
Williamson
71
37
23
2.1
Winnebago
116
47
36
3.7
Woodford
118
45
41
3.3
Illinois (State)
115
45
36
3.1
Note that all crop yields are expressed in bushels per acre
				  except for hay which is expressed in tons/acre.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 391 - DESIGN CRITERIA FOR SLUDGE APPLICATION ON LAND › Subpart E - SAMPLE COLLECTION AND ANALYSIS › Appendix F - General Buffer Area, Geological and Topographic Criteria for Sludge Application

Current through Register Vol. 48, No. 28, July 12, 2024
SLUDGE APPLICATION
							 METHOD
Incorporation or
							 Injection...........................
20 ft. from occupied dwelling. 10 ft. from closet
							 edge of traveled portion of public road or within fence. 200 ft. from surface
							 water.
Ridge and
							 Furrow.......................................
200 ft. from occupied dwelling. 200 ft. from closest
							 edge of traveled portion of public road or within fence. 200 ft. from surface
							 water.
Dewatered material or Splash Plate to Land
							 Surface...............................................
200 ft. from occupied dwelling. 200 ft. from closest
							 edge of traveled portion of primary and secondary public roads; or 10 ft. from
							 closest edge public roads; or within fence. 200 ft. from surface water.
Low Pressure Sprayers (<50 psi (as measured from
							 outer boundary of
							 spray)....................................................
200 ft. from occupied dwelling. 200 ft. from closest
							 edge of traveled portion of public road. 200 ft. from surface water, waterways
							 or flood plains. Wind velocity <15 mph.
High Pressure Sprayers (>50 psi) (as measured from
							 outer boundary of
							 spray)..................................................
1000 ft. from occupied dwelling. 1000 ft. from
							 closest edge of traveled portion of public road. 1000 ft. from surface water,
							 waterways or flood plains. Wind velocity <15 mph.
GEOLOGICAL
							 CONSIDERATIONS
Minimum Depth of Earth Cover to the Mean Annual Water
							 Tale............................
10 ft. with rapid permeability (greater than 2.0
							 inches/hr)
5 ft. with moderate to slow permeability (less than
							 2.0 inches/hour)
Distance from Potable Water Well.............
150 ft. in all instances, however, if a water supply
							 is located in a consolidated bedrock (such as limestone) or sinkhole area and
							 is within one-fourth of a mile of the sludge application site, then 50 foot
							 depth of non-sandy, non-gravelly unconsolidated material is needed for water
							 supply protection
TOPOGRAPHIC
							 CONSIDERATIONS
Maximum
							 Slope..........................................
8% (incorporation)*
5% (surface application)*
Application to
							 Waterways..........................
Not allowed
Application in a flood plain having a flooding
							 frequency more often than once every ten
							 years...........................
Only if approved by Agency after review of
							 project.
*May be exceeded under certain conditions. See discussion in
				  Section
				  391.404.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 392 - GUIDELINES FOR NOTIFICATION OF RESTRICTED STATUS OR CRITICAL REVIEW PURSUANT TO 35 ILL. ADM. CODE 306.105 › Subpart A - INTRODUCTION › Section 392.101 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
This policy constitutes the guidelines governing notification
				  by the Agency to sanitary districts and other wastewater treatment or
				  transportation authorities of Restricted Status or Critical Review. Definitions
				  of Restricted Status and Critical Review as well as the criteria utilized by
				  the Agency for determination of Restricted Status and Critical Review are
				  herein presented. The Agency shall notify sanitary districts, other wastewater
				  treatment or transportation authorities, and the public of Restricted Status or
				  Critical Review in accordance with the procedures established
				  herein.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 392 - GUIDELINES FOR NOTIFICATION OF RESTRICTED STATUS OR CRITICAL REVIEW PURSUANT TO 35 ILL. ADM. CODE 306.105 › Subpart A - INTRODUCTION › Section 392.102 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Agency" means the Illinois Environmental Protection
				  Agency.
"Critical Review" shall be defined as the Agency
				  determination, pursuant to Section 39 of the Environmental Protection Act (Ill.
				  Rev. Stat. 1981, ch. 1111/2, par. 1039) and 35 Ill. Adm. Code
				  309.241,
				  that a sewer is approaching hydraulic capacity or that a sewage treatment plant
				  is approaching design capacity such that additional sewer connection permit
				  applications will require close scrutiny to determine whether issuance would
				  result in a violation of the Act or Regulations.
"Restricted Status" shall be defined as the Agency
				  determination, pursuant to Section 39 of the Environmental Protection Act (Ill.
				  Rev. Stat. 1981, ch. 1111/2, par. 1039) and 35 Ill. Adm. Code 309.241, that a
				  sewer has reached hydraulic capacity or that a sewage treatment plant has
				  reached design capacity, such that additional sewer connection permits may no
				  longer be issued without causing a violation of the Act or Regulations.
"Sewer Connection" means a sewer for which a construction
				  permit is required under 35 Ill. Adm. Code
				  309.202.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 392 - GUIDELINES FOR NOTIFICATION OF RESTRICTED STATUS OR CRITICAL REVIEW PURSUANT TO 35 ILL. ADM. CODE 306.105 › Subpart B - DETERMINATION OF RESTRICTED STATUS › Section 392.201 - Scope and Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
The guidelines given in this Subpart B will be used in
				  determining imposition of Restricted Status pursuant to the requirements of 35
				  Ill. Adm. Code
				  306.105.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 392 - GUIDELINES FOR NOTIFICATION OF RESTRICTED STATUS OR CRITICAL REVIEW PURSUANT TO 35 ILL. ADM. CODE 306.105 › Subpart B - DETERMINATION OF RESTRICTED STATUS › Section 392.202 - Criteria for Placing Sewage Treatment Plants on Restricted Status

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency may place a sewage treatment plant on Restricted
				  Status when any of the following conditions exists, as shown by Agency field
				  inspections, operational reports, records of permits issued, or other
				  information:
a) Hydraulic overloading
				of the treatment plant as determined by a comparison of the permitted design
				capacity of the plant with the actual average monthly flows measured at the
				plant during the three low-flow months in the preceding 12-month period,
				adjusted to include all outstanding (permitted but not connected) permits
				issued by the Agency, or other information on hydraulic loading of the plant
				available to the Agency (i.e., water pumpage, recent development, demographic
				and meteorological data, etc.);
b)
				Organic overloading of the treatment plant as determined by a comparison of the
				permitted design capacity of the plant with the actual average monthly loadings
				in the preceding 12-month period, adjusted to include any and all outstanding
				(permitted but not connected) permits issued by the Agency, or other
				information on organic loading of the treatment plant available to the Agency
				(i.e., water pumpage, recent development, demographic and meteorological data,
				etc.);
c) Continuing violation of
				effluent limitations established by the treatment plant's National Pollutant
				Discharge Elimination System (NPDES) permit. Determination of violation of
				effluent limitations shall be made in accordance with the sampling, testing,
				and averaging procedures specified in the NPDES permit;
d) Operational neglect resulting in frequent
				bypassing of treatment unit(s); or
e) An Illinois Pollution Control Board
				decision finding a violation of Section 12(a) of the Environmental Protection
				Act (Ill. Rev. Stat. 1981, ch. 1111/2, par. 1012(a)).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 392 - GUIDELINES FOR NOTIFICATION OF RESTRICTED STATUS OR CRITICAL REVIEW PURSUANT TO 35 ILL. ADM. CODE 306.105 › Subpart B - DETERMINATION OF RESTRICTED STATUS › Section 392.203 - Criteria for Placing Sewers and Lift Stations on Restricted Status

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency may
				place sanitary sewers and lift stations on Restricted Status in order to
				prevent overflows as expressly prohibited 35 Ill. Adm. Code
				306.103(b).
				Restricted Status may be imposed upon the confirmation of overflows in the form
				of basement backups, overflows of sanitary sewer manholes, or sanitary sewer
				overflow devices.
b) All combined
				and sanitary sewers and lift stations are subject to Restricted Status when
				they become hydraulically overloaded, meaning unable to accommodate the
				following flows:
1) Combined sewers and lift
				stations serving combined sewers must be able to handle 350 percent of the
				average daily flow (based on best available information) before
				overflowing.
2) Interceptors
				serving both combined sewers and sanitary sewers must be able to accommodate
				250 percent of the average daily dry weather flow (based on best available
				information) from the sanitary sewers tributary thereto and 350 percent of the
				average daily dry weather flow from the combined sewers tributary thereto
				before overflowing.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 392 - GUIDELINES FOR NOTIFICATION OF RESTRICTED STATUS OR CRITICAL REVIEW PURSUANT TO 35 ILL. ADM. CODE 306.105 › Subpart C - DETERMINATION OF CRITICAL REVIEW › Section 392.301 - Scope and Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
The guidelines given in this Subpart C will be used in
				  determining the applicability of Critical Review.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 392 - GUIDELINES FOR NOTIFICATION OF RESTRICTED STATUS OR CRITICAL REVIEW PURSUANT TO 35 ILL. ADM. CODE 306.105 › Subpart C - DETERMINATION OF CRITICAL REVIEW › Section 392.302 - Criteria for Notification of Critical Review

Current through Register Vol. 48, No. 28, July 12, 2024
Notification of Critical Review is a warning that a
				  Restricted Status situation is imminent, unless corrective action is taken. A
				  facility may be placed on Critical Review whenever, based upon information
				  available to it, the Agency determines that the organic or hydraulic loading of
				  any facility is greater than 80% of the permitted or designed capacity of that
				  facility, as defined in Sections
				  392.203(a)
				  and (b), and 392.204(b)(1) and (2) of this
				  Title 35.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 392 - GUIDELINES FOR NOTIFICATION OF RESTRICTED STATUS OR CRITICAL REVIEW PURSUANT TO 35 ILL. ADM. CODE 306.105 › Subpart D - NOTIFICATION PROCEDURES › Section 392.401 - Notification to Sanitary Districts or Other Authorities

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency shall notify sanitary districts or other
				  wastewater treatment or transportation authorities of Restricted Status or
				  Critical Review by the following procedures:
a) When the Agency decides that conditions
				warrant that a facility be placed on Restricted Status or Critical Review, the
				Agency shall send a letter stating the type of action proposed, the reasons for
				such action, and a summary of supporting documentation to the sanitary district
				or other wastewater treatment or transportation authority responsible for the
				facility.
b) The sanitary district
				or other wastewater treatment or transportation authority shall be given the
				opportunity to submit additional relevant information and to meet with the
				responsible permit engineers or to respond in writing.
c) If, after review of information or
				response offered by the sanitary district or other wastewater treatment or
				transportation authority, the Agency's determination remains unchanged, the
				Agency shall send final notification of Restricted Status or Critical Review,
				stating the meaning and reasons for the action, to the sanitary district or
				other wastewater treatment or transportation authority.
d) The facility thus classified will remain
				under such status until such time as the Agency receives information of a
				change in condition sufficient to warrant a revision of such status, or until a
				revision in status is ordered by the Pollution Control Board. The Agency shall
				send notice of any revision in status to the sanitary district or other
				wastewater treatment or transportation authority.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 392 - GUIDELINES FOR NOTIFICATION OF RESTRICTED STATUS OR CRITICAL REVIEW PURSUANT TO 35 ILL. ADM. CODE 306.105 › Subpart D - NOTIFICATION PROCEDURES › Section 392.402 - Notification to the Public

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency shall prepare at intervals of not more than three
				  months:
a) A comprehensive and
				up-to-date list of sanitary districts and other wastewater treatment or
				transportation authorities then subject to Restricted Status on further sewer
				connections, and a list of those which are then under Critical Review by the
				Agency.
b) Such lists shall include
				the name of the affected facility, the responsible authority, and an estimate
				of the affected facility's capacity. The Critical Review List shall also
				include the amount of population equivalent added according to Agency permit
				records since publication of the previous list.
c) All such lists shall be made available
				without charge to any person upon request and shall be published in the
				Pollution Control Board's Environmental Register.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 395 - PROCEDURES AND CRITERIA FOR CERTIFICATION OF APPLICATIONS FOR FEDERAL PERMITS OR LICENSES FOR DISCHARGES INTO WATERS OF THE STATE › Subpart A - INTRODUCTION › Section 395.101 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
These rules state the procedures and criteria which the
				  Agency will use in certifying, under Section 401 of the Clean Water Act, that
				  activities requiring federal permits of licenses will comply with Sections 301,
				  302, 303, 306 and 307 of the Clean Water Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 395 - PROCEDURES AND CRITERIA FOR CERTIFICATION OF APPLICATIONS FOR FEDERAL PERMITS OR LICENSES FOR DISCHARGES INTO WATERS OF THE STATE › Subpart A - INTRODUCTION › Section 395.102 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Definitions for words not included below may be found in
				  Chapter 3: Water Pollution, of the Illinois Pollution Control Board's Rules and
				  Regulations.
a) Receiving Water:
				Waters of the State of Illinois to which wastewater will be
				discharged.
b) Particle Size
				Analysis: Test for the physical separation of sand and gravel (diameters
				greater than 62 microns) from silt and clay (diameters less than 62
				microns).
c) Resuspension Test:
				Chemical analysis of the constituents of the wastewater from the dredge or fill
				process; may be either an elutriate or supernatant test.
d) Elutriate Test: Resuspension test for
				mechanically moved dredge or fill material.
e) Supernatant Test: Resuspension test for
				hydraulically moved dredge or fill material.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 395 - PROCEDURES AND CRITERIA FOR CERTIFICATION OF APPLICATIONS FOR FEDERAL PERMITS OR LICENSES FOR DISCHARGES INTO WATERS OF THE STATE › Subpart B - PROCEDURES FOR CERTIFYING DREDGE AND FILL ACTIVITIES REQUIRING A CORPS OF ENGINEERS PERMIT › Section 395.201 - Application

Current through Register Vol. 48, No. 28, July 12, 2024
Application for certification for dredge and fill activities
				  shall be made on the joint application form available from the Agency, the U.S.
				  Army Corps of Engineers (Corps), the Illinois Department of Transportation and
				  the Illinois Department of Conservation. This form is entitled "Protecting
				  Illinois Waters."
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 395 - PROCEDURES AND CRITERIA FOR CERTIFICATION OF APPLICATIONS FOR FEDERAL PERMITS OR LICENSES FOR DISCHARGES INTO WATERS OF THE STATE › Subpart B - PROCEDURES FOR CERTIFYING DREDGE AND FILL ACTIVITIES REQUIRING A CORPS OF ENGINEERS PERMIT › Section 395.202 - Public Notice of Application

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				When the Agency issues public notice jointly with the federal licensing or
				permitting authority, such notice shall state that application for
				certification under Section 401 of the Clean Water Act has been made to the
				Agency. The notice shall state to whom written comments may be
				submitted.
b) The Agency shall
				issue a separate notice in the absence of an agreement to issue notice jointly,
				or when the Agency determines that the joint notice will not sufficiently
				apprise interested persons of the application for certification. In determining
				the form of this notice, the Agency will consider the nature and extent of the
				discharge and the interests of those who may be affected. Such notice shall
				include at least the following information:
1)
				Name and business address of the applicant;
2) Location of the discharge;
3) Name of the receiving water;
4) Nature of the facility;
5) Nature of the discharge;
6) Type of federal license or permit for
				which certification is requested; and
7) Name, address and telephone number of the
				person within the Agency to whom comments or inquiries may be directed, and
				where the permit application may be examined.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 395 - PROCEDURES AND CRITERIA FOR CERTIFICATION OF APPLICATIONS FOR FEDERAL PERMITS OR LICENSES FOR DISCHARGES INTO WATERS OF THE STATE › Subpart B - PROCEDURES FOR CERTIFYING DREDGE AND FILL ACTIVITIES REQUIRING A CORPS OF ENGINEERS PERMIT › Section 395.203 - Testing and Information

Current through Register Vol. 48, No. 28, July 12, 2024
Tests and information on dredge and fill discharges are
				  required to determine the significant physical and chemical characteristics of
				  the material to be excavated in order to evaluate if the potential exists for
				  water pollution as a result of the discharge. Information on the material being
				  excavated, the disposal site, and the receiving water beyond the dispersion
				  (mixing) zone is required.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 395 - PROCEDURES AND CRITERIA FOR CERTIFICATION OF APPLICATIONS FOR FEDERAL PERMITS OR LICENSES FOR DISCHARGES INTO WATERS OF THE STATE › Subpart B - PROCEDURES FOR CERTIFYING DREDGE AND FILL ACTIVITIES REQUIRING A CORPS OF ENGINEERS PERMIT › Section 395.204 - Material Testing Exemptions

Current through Register Vol. 48, No. 28, July 12, 2024
Dredge and fill material will be considered nonpolluted and,
				  therefore, exempt from testing if all of the following conditions exist:
a) The material is composed predominantly of
				sand, gravel or other naturally occurring sedimentary material with particle
				sizes larger than silt, as defined in Section
				395.205(a)
				(1).
b) The characteristics of the material at the
				disposal site are similar to the excavated material.
c) The excavation site is removed from known
				sources of pollution, toxic contamination and incidence of spills.
d) The discharge does not occur in waters of
				Lake Michigan or any waters determined to be nondegradation waters.
e) The discharge does not interfere with or
				threaten municipal or other public and food processing water supply
				sources.
f) The discharge is
				adjacent to the disposal site and the quality of the discharge is similar to
				natural background conditions.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 395 - PROCEDURES AND CRITERIA FOR CERTIFICATION OF APPLICATIONS FOR FEDERAL PERMITS OR LICENSES FOR DISCHARGES INTO WATERS OF THE STATE › Subpart B - PROCEDURES FOR CERTIFYING DREDGE AND FILL ACTIVITIES REQUIRING A CORPS OF ENGINEERS PERMIT › Section 395.205 - Material Testing

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Materials not exempt under Section
				395.204
				will be subject to the following testing procedures. Details for these
				procedures are found in the joint application form.
1) Particle size analysis (or sand/fine
				split) using a No. 230 U.S. sieve. For material resulting in 20 percent or
				greater passage of the sieve, resuspension testing is required.
2) For hydraulically moved material, or
				mechanically moved material which is placed in the waterway, a supernatant test
				for nonsettleable material is required. Analysis will be made for total
				suspended solids (TSS), total volatile solids (TVS), ammonia-nitrogen as N,
				lead (total), and zinc (total) for both the supernatant and receiving
				water.
3) For mechanically moved
				material which is placed outside of the waterway, testing of the filtered
				elutriate is required. Analysis will be made for ammonia-nitrogen as N, lead
				(total), and zinc (total) for both the elutriate and receiving water.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 395 - PROCEDURES AND CRITERIA FOR CERTIFICATION OF APPLICATIONS FOR FEDERAL PERMITS OR LICENSES FOR DISCHARGES INTO WATERS OF THE STATE › Subpart B - PROCEDURES FOR CERTIFYING DREDGE AND FILL ACTIVITIES REQUIRING A CORPS OF ENGINEERS PERMIT › Section 395.206 - Public Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Agency may hold a public hearing concerning the application for certification
				in the county where the discharge originates or at some other convenient
				location. The purpose of the hearing shall be to enable all interested persons
				to provide information to the Agency for its decision on the
				application.
b) In determining
				whether to hold a public hearing, the Agency will consider:
1) Evidence of interest as demonstrated by
				comments and requests for hearing received from members of the
				public;
2) Evidence that a cause
				and effect relationship exists between the proposed activities and the concerns
				of the public;
3) Expectation that
				a public hearing will provide information useful to the Agency for making its
				determination on the request for certification.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 395 - PROCEDURES AND CRITERIA FOR CERTIFICATION OF APPLICATIONS FOR FEDERAL PERMITS OR LICENSES FOR DISCHARGES INTO WATERS OF THE STATE › Subpart B - PROCEDURES FOR CERTIFYING DREDGE AND FILL ACTIVITIES REQUIRING A CORPS OF ENGINEERS PERMIT › Section 395.207 - Agency Determination

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency will evaluate all available information and make
				  determinations on certification by applying the criteria in subsection
				  395.401(a).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 395 - PROCEDURES AND CRITERIA FOR CERTIFICATION OF APPLICATIONS FOR FEDERAL PERMITS OR LICENSES FOR DISCHARGES INTO WATERS OF THE STATE › Subpart B - PROCEDURES FOR CERTIFYING DREDGE AND FILL ACTIVITIES REQUIRING A CORPS OF ENGINEERS PERMIT › Section 395.208 - Notification

Current through Register Vol. 48, No. 28, July 12, 2024
Notification of issuance, waiver or denial of certification
				  shall be given to:
a) The
				applicant;
b) The Regional
				Administrator, USEPA;
c) The
				federal licensing or permitting authority; and
d) Any other state whose waters are or may be
				affected by the discharge, as determined by the Regional Administrator pursuant
				to Section 401(a)(2) of the Clean Water Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 395 - PROCEDURES AND CRITERIA FOR CERTIFICATION OF APPLICATIONS FOR FEDERAL PERMITS OR LICENSES FOR DISCHARGES INTO WATERS OF THE STATE › Subpart C - PROCEDURES FOR CERTIFYING OTHER ACTIVITIES REQUIRING FEDERAL LICENSES OR PERMITS › Section 395.301 - Application

Current through Register Vol. 48, No. 28, July 12, 2024
The applicant shall provide one copy of the application form
				  used by the federal licensing or permitting authority with pertinent drawings,
				  plans and specifications.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 395 - PROCEDURES AND CRITERIA FOR CERTIFICATION OF APPLICATIONS FOR FEDERAL PERMITS OR LICENSES FOR DISCHARGES INTO WATERS OF THE STATE › Subpart C - PROCEDURES FOR CERTIFYING OTHER ACTIVITIES REQUIRING FEDERAL LICENSES OR PERMITS › Section 395.302 - Public Notice of Application

Current through Register Vol. 48, No. 28, July 12, 2024
See Section
				  395.202
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 395 - PROCEDURES AND CRITERIA FOR CERTIFICATION OF APPLICATIONS FOR FEDERAL PERMITS OR LICENSES FOR DISCHARGES INTO WATERS OF THE STATE › Subpart C - PROCEDURES FOR CERTIFYING OTHER ACTIVITIES REQUIRING FEDERAL LICENSES OR PERMITS › Section 395.303 - Information

Current through Register Vol. 48, No. 28, July 12, 2024
The applicant shall submit to the Agency such evidence as the
				  Agency may require that the discharge complies or will comply with the criteria
				  in subsection
				  395.401(a)
				  of these rules.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 395 - PROCEDURES AND CRITERIA FOR CERTIFICATION OF APPLICATIONS FOR FEDERAL PERMITS OR LICENSES FOR DISCHARGES INTO WATERS OF THE STATE › Subpart C - PROCEDURES FOR CERTIFYING OTHER ACTIVITIES REQUIRING FEDERAL LICENSES OR PERMITS › Section 395.304 - Public Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
See Section
				  395.206
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 395 - PROCEDURES AND CRITERIA FOR CERTIFICATION OF APPLICATIONS FOR FEDERAL PERMITS OR LICENSES FOR DISCHARGES INTO WATERS OF THE STATE › Subpart C - PROCEDURES FOR CERTIFYING OTHER ACTIVITIES REQUIRING FEDERAL LICENSES OR PERMITS › Section 395.305 - Agency Determination

Current through Register Vol. 48, No. 28, July 12, 2024
See Section
				  395.207
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 395 - PROCEDURES AND CRITERIA FOR CERTIFICATION OF APPLICATIONS FOR FEDERAL PERMITS OR LICENSES FOR DISCHARGES INTO WATERS OF THE STATE › Subpart C - PROCEDURES FOR CERTIFYING OTHER ACTIVITIES REQUIRING FEDERAL LICENSES OR PERMITS › Section 395.306 - Notification

Current through Register Vol. 48, No. 28, July 12, 2024
See Section
				  395.208
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 395 - PROCEDURES AND CRITERIA FOR CERTIFICATION OF APPLICATIONS FOR FEDERAL PERMITS OR LICENSES FOR DISCHARGES INTO WATERS OF THE STATE › Subpart D - AGENCY DECISION MAKING › Section 395.401 - Criteria for Certification, Waiver of Certification or Denial of Certification

Current through Register Vol. 48, No. 28, July 12, 2024
In making its determination, the Agency shall consider all
				  information provided under Sections
				  395.203,
				  395.205,
				  395.301
				  and
				  395.303 of
				  these rules.
a) Certification or
				waiver of certification by the Agency shall be based on its determination that
				the intended activities of the applicant shall not cause:
1) Violations of the water quality standards
				of Chapter 3 of the Board's rules;
2) Violation of other applicable regulations
				of the Board;
3) Noncompliance with
				Sections 301, 302, 303, 306, and 307 of the Clean Water Act;
4) Interference with existing water uses,
				particularly public recreation on affected waters and public and food
				processing water supply sources.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 395 - PROCEDURES AND CRITERIA FOR CERTIFICATION OF APPLICATIONS FOR FEDERAL PERMITS OR LICENSES FOR DISCHARGES INTO WATERS OF THE STATE › Subpart D - AGENCY DECISION MAKING › Section 395.402 - Certification and Permits

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				When the Agency determines that the intended activities will meet the criteria
				in Section
				395.401(a)
				and will not require a separate permit under Board rules, it may certify or
				waive certification of the activity.
b) When the Agency determines that the
				intended activities require a separate permit under Rule 951 of Chapter 3 or
				under other Board rules:
1) Certification may
				be postponed until the permit(s) has (have) been issued; or
2) Certification may be conditioned on the
				issuance of the permit(s).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 399 - FEES FOR REVIEWING APPLICATIONS TO CHANGE THE BOUNDARIES OF A WASTEWATER FACILITY PLANNING AREA › Subpart A - GENERAL › Section 399.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of this Part is to establish procedures for the
				  collection of fees from applicants requesting the Northeastern Illinois
				  Planning Commission (the Commission) to review an application to change the
				  boundaries of a wastewater facility planning area under Section 33.5 of the
				  Northeastern Illinois Planning Act (the Act).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 399 - FEES FOR REVIEWING APPLICATIONS TO CHANGE THE BOUNDARIES OF A WASTEWATER FACILITY PLANNING AREA › Subpart A - GENERAL › Section 399.30 - Related Documents

Current through Register Vol. 48, No. 28, July 12, 2024
The following are materials discussed in this Part. Copies
				  are available for public inspection or distribution at the Northeastern
				  Illinois Planning Commission, 222 S. Riverside Plaza, Suite 1800, Chicago IL
				  60606.
a) Illinois Water Quality
				Management Plan, State of Illinois Environmental Protection Agency,
				1992.
b) Water Quality Management
				Plan - Amendment Process and Procedures, Northeastern Illinois Planning
				Commission, 1992.
c) Water Quality
				Management Plan - Amendment Application, Northeastern Illinois Planning
				Commission, 1992.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 399 - FEES FOR REVIEWING APPLICATIONS TO CHANGE THE BOUNDARIES OF A WASTEWATER FACILITY PLANNING AREA › Subpart A - GENERAL › Section 399.40 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
This Part applies to each applicant who wishes to change the
				  boundaries of a wastewater facility planning area through an amendment to the
				  Illinois Water Quality Management Plan required under the Federal Clean Water
				  Act. A fee schedule has been developed that will provide a system to recover
				  the costs of performing certain types of Level I and II submittals, including
				  land treatment as well as other methods of wastewater treatment, seeking
				  amendment of applicable State and areawide water quality plans to reflect the
				  establishment of a new wastewater facility planning area or a change in the
				  boundaries of an existing wastewater facility planning area.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 399 - FEES FOR REVIEWING APPLICATIONS TO CHANGE THE BOUNDARIES OF A WASTEWATER FACILITY PLANNING AREA › Subpart A - GENERAL › Section 399.50 - Relation to Other Fees

Current through Register Vol. 48, No. 28, July 12, 2024
The fees collected pursuant to this Part, and the fee
				  collection procedures set forth in this Part, are separate from and in addition
				  to all other fees established by law.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 399 - FEES FOR REVIEWING APPLICATIONS TO CHANGE THE BOUNDARIES OF A WASTEWATER FACILITY PLANNING AREA › Subpart A - GENERAL › Section 399.60 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
If any provision of this Part or the application thereof to
				  any person or in any circumstance is adjudged invalid, such adjudication shall
				  not affect the validity of this Part as a whole or any provision thereof not
				  adjudged invalid.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 399 - FEES FOR REVIEWING APPLICATIONS TO CHANGE THE BOUNDARIES OF A WASTEWATER FACILITY PLANNING AREA › Subpart B - PROCEDURES FOR DETERMINATION AND PAYMENT OF FEES › Section 399.110 - Applicants Not Subject to Fees

Current through Register Vol. 48, No. 28, July 12, 2024
The following applicants are not subject to the fee schedule
				  established in Section
				  399.120
				  below:
a) Any Level III applicant;
				or
b) Any Level I or II applicant
				whose submittal does not require a change in a facility planning area
				boundary.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 399 - FEES FOR REVIEWING APPLICATIONS TO CHANGE THE BOUNDARIES OF A WASTEWATER FACILITY PLANNING AREA › Subpart B - PROCEDURES FOR DETERMINATION AND PAYMENT OF FEES › Section 399.120 - Fee Calculation

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				amount of the fees to be charged for Commission review under this Part are as
				follows:
1)........ Submittals involving 10
				or fewer acres................................. $10.00 /acre.
2)........ Submittals involving more than 10
				acres but less than 20 acres $100.00.
3)........ Submittals involving 20 acres or
				more.............................. The number of
acres multiplied by
the applicable rate established in
Appendix A.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 399 - FEES FOR REVIEWING APPLICATIONS TO CHANGE THE BOUNDARIES OF A WASTEWATER FACILITY PLANNING AREA › Subpart B - PROCEDURES FOR DETERMINATION AND PAYMENT OF FEES › Section 399.130 - Manner of Payment

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Payment of the fee must be made by check, independently for each request
				application, payable to Northeastern Illinois Planning Commission, and shall be
				submitted, along with the request application, to:
Northeastern Illinois Planning Commission
222 S. Riverside Plaza
Suite 1800
Chicago IL 60606
b) Payment shall not include any fees due to
				the Commission for any purpose other than the fee due under Section
				399.120 of this
				Part.
c) No application will be
				processed without full payment of the applicable fee. If the application does
				not include full payment, the Commission will promptly contact the applicant to
				inform the applicant of the incomplete application.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 399 - FEES FOR REVIEWING APPLICATIONS TO CHANGE THE BOUNDARIES OF A WASTEWATER FACILITY PLANNING AREA › Subpart B - PROCEDURES FOR DETERMINATION AND PAYMENT OF FEES › Section 399.140 - Refund Agreements

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Commission will complete a review within 90 working days after receipt of a
				complete application for a change in the boundaries of a wastewater facility
				planning area. Application completeness will be determined within four working
				days after receipt. If the Commission fails to complete the review within the
				required time period, the review fee paid by the applicant shall be refunded in
				full to the applicant. (Section 33.5(c) of the Act)
b) The 90 working day period may be extended
				by the applicant either by a request or an agreement with the Commission.
				(Section 33.5(c) of the Act)
c) If
				the applicant withdraws the application after the Commission has accepted the
				application for review, the fee will not be refunded.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 399 - FEES FOR REVIEWING APPLICATIONS TO CHANGE THE BOUNDARIES OF A WASTEWATER FACILITY PLANNING AREA › Subpart B - PROCEDURES FOR DETERMINATION AND PAYMENT OF FEES › Appendix A - Rates Charged Per Acre

Current through Register Vol. 48, No. 28, July 12, 2024
Date Commission Receives Application
Column A (With Agency Funding pursuant to Section
							 399.120)
Column B (Without Agency Funding pursuant to
							 399.120)
6/1/2000-5/31/2001
$10.00
$10.00
6/1/2001-5/31/2002
$10.00
$10.00
6/1/2002-5/31/2003
$10.00
$10.00
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 401 - GENERAL PROVISIONS › Section 401.102 - Policy

Current through Register Vol. 48, No. 28, July 12, 2024
A policy of the General Assembly in adopting the Environmental
				Protection Act [ 415 ILCS 5 ] is to restore, maintain and enhance the purity of
				the water of Illinois to protect health, welfare, property and the quality of
				life. It is determined that mining activities including the preparation,
				operation and abandonment of mines, mine refuse areas and mine related
				facilities without environmental planning and safeguards and using certain
				refuse materials can cause, threaten or allow the discharge of contaminants
				into the waters of Illinois. Causing, threatening, or allowing these discharges
				can cause or threaten to cause a nuisance or render these waters harmful or
				detrimental to public health, safety or welfare or to domestic, commercial,
				industrial, agricultural, recreational or other legitimate uses including use
				by livestock, wild animals, birds, fish or other aquatic life and riparian
				vegetation.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 401 - GENERAL PROVISIONS › Section 401.103 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of Subtitle D is to prevent pollution of waters of
				Illinois caused by failure to plan proper environmental safeguards for the
				location, preparation, operation and abandonment of mining activities, mining
				and mine refuse operations. Subtitle D establishes a permit system to control
				contaminating point and non-point source discharges, visible and hidden,
				continuous and fluctuating, that are potentially present in mining activities,
				mining and mine refuse operations. To ensure that these activities meet
				environmental standards, Subtitle D establishes water quality and effluent
				standards to limit discharges from point sources and to protect waters for
				beneficial uses. Subtitle D establishes procedural safeguards to ensure the
				protection of waters. It is the purpose of Subtitle D to meet the requirements
				of Section 402 of the Federal Water Pollution Control Act of 1972
				(FWPCA).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 401 - GENERAL PROVISIONS › Section 401.104 - Compliance with Other Laws Required

Current through Register Vol. 48, No. 28, July 12, 2024
Nothing in this Part is intended to be inconsistent with or
				impair the obligation to comply with the provisions of the Surface Coal Mining
				Land Conservation and Reclamation Act [ 225 ILCS 720 ] or with any other State
				or federal law affecting the duties of an operator.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 401 - GENERAL PROVISIONS › Section 401.105 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
If any provision of Subtitle D is adjudged invalid or if the
				application to any person or in any circumstances is adjudged invalid, the
				invalidity will not affect the validity of this Subtitle D as a whole or of any
				Part, Subpart, sentence or clause not adjudged invalid.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 401 - GENERAL PROVISIONS › Appendix A - References to Previous Rules

Current through Register Vol. 48, No. 28, July 12, 2024
The following table is provided to correlate previous Board
				rule numbers with current Illinois Administrative Code Section numbers.
Chapter 4, Mine Related Pollution
Part I, General Provisions
35 Ill. Admin. Code Part 401
Rule 102
Section
						  401.102
Rule 103
Section
						  401.103
Rule 104
Section
						  401.104
Rule 105
Section
						  401.105
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 402 - DEFINITIONS › Section 402.100 - Terms Defined Elsewhere

Current through Register Vol. 48, No. 28, July 12, 2024
Unless otherwise stated or unless the context clearly indicates
				a different meaning, the definition of terms used in Subtitle D are the same as
				those found in the Illinois Environmental Protection Act [ 415 ILCS 5 ] (Act),
				35 Ill. Adm. Code Subtitle C, Chapter I, and the Federal Water Pollution
				Control Act of 1972 (FWPCA) (
				33 USC
				1251 ).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 402 - DEFINITIONS › Appendix A - References to Previous Rules

Current through Register Vol. 48, No. 28, July 12, 2024
The following table is provided to correlate previous Board
				rule numbers with current Illinois Administrative Code Section numbers.
Chapter 4, Mine Related Pollution
35 Ill. Admin. Code Part 402
Part II, Definitions
Rule 200
Section
						  402.100
Rule 201 -
Section
						  402.101