reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart G - FUNDAMENTALLY DIFFERENT FACTORS › Section 310.705 - Factors that are Not Fundamentally Different

Current through Register Vol. 48, No. 28, July 12, 2024
An FDF request or portion of such a request under this
				  Subpart G must not be granted on any of the following grounds:
a) The feasibility of installing the required
				waste treatment equipment within the time the federal CWA (33 U.S.C.
				1251 et seq.), incorporated by reference in
				Section 310.107(c),
				allows;
b) The assertion that the
				standards cannot be achieved with the appropriate waste treatment facilities
				installed, if that assertion is not based on factors listed in Section
				310.704;
c) The industrial user's ability to pay for
				the required waste treatment; or
d)
				The impact of a discharge on the quality of the POTW's receiving waters.
BOARD NOTE: Derived from
					 40 CFR
					 403.13(e)
					 (2005).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart G - FUNDAMENTALLY DIFFERENT FACTORS › Section 310.706 - More Stringent State Law

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Agency may not grant FDF determinations with respect to more stringent
				pretreatment standards adopted pursuant to independent Board authority (35 Ill.
				Adm. Code
				307.1102 and
				307.1103 ).
b) Nothing in this Subpart G may be construed
				to impair the right of any POTW to impose more stringent limitations pursuant
				to Sections
				310.210
				and
				310.211.
BOARD NOTE: Derived from
					 40
					 CFR 403.13(f)
					 (2003).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart G - FUNDAMENTALLY DIFFERENT FACTORS › Section 310.711 - Application Deadline

Current through Register Vol. 48, No. 28, July 12, 2024
a) Request
				for an FDF determination and supporting information must be submitted in
				writing to the Agency.
b) To be
				considered, requests for FDF determinations must be submitted within the
				following time limits:
1) Prior to
				authorization of the Illinois program, FDF requests must be directed to USEPA
				pursuant to 40 CFR
				403.13.
2) For standards adopted by USEPA after
				authorization of the Illinois pretreatment program, the industrial user must
				request an FDF determination within 180 days after the Board adopts or
				incorporates the standard by reference unless the user has requested a category
				determination pursuant to Section
				310.221.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart G - FUNDAMENTALLY DIFFERENT FACTORS › Section 310.712 - Contents of FDF Request

Current through Register Vol. 48, No. 28, July 12, 2024
Written requests for an FDF determination must
				  include:
a) The name and address of
				the person making the request;
b)
				Identification of the interest of the requester that is affected by the
				categorical pretreatment standard for which the FDF determination is
				requested;
c) Identification of the
				POTW currently receiving the waste from the industrial user for which
				alternative discharge limits are requested;
d) Identification of the categorical
				pretreatment standards that are applicable to the industrial user;
e) A list of each pollutant or pollutant
				parameter for which an alternative discharge limit is sought;
f) The alternative discharge limits proposed
				by the requester for each pollutant or pollutant parameter identified in
				subsection (e);
g) A description of
				the industrial user's existing water pollution control facilities;
h) A schematic flow representation of the
				industrial user's water system including water supply, process wastewater
				systems, and points of discharge; and
i) A statement of facts clearly establishing
				why the request for an FDF determination should be approved, including detailed
				support data, documentation, and evidence necessary to fully evaluate the
				merits of the request (e.g., technical and economic data collected by USEPA and
				used in developing each pollutant discharge limit in the pretreatment
				standard).
BOARD NOTE: Derived from
					 40 CFR
					 403.13(h)
					 (2003).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart G - FUNDAMENTALLY DIFFERENT FACTORS › Section 310.713 - Deficient Requests

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency may act only on written requests of FDF
				  determination that contain all of the information required. The Agency must
				  notify persons who have made incomplete submissions that their requests are
				  deficient and that, unless the time period is extended, they have thirty days
				  to remedy the deficiency. If the deficiency is not corrected within the time
				  period allowed, the Agency must deny the request for an FDF
				  determination.
BOARD NOTE: Derived from
					 40
					 CFR 403.13(i)
					 (2003).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart G - FUNDAMENTALLY DIFFERENT FACTORS › Section 310.714 - Public Notice

Current through Register Vol. 48, No. 28, July 12, 2024
Upon receipt of a complete request, the Agency must provide
				  notice of receipt, opportunity to review the submission and opportunity to
				  comment.
a) The public notice must be
				circulated in a manner designed to inform interested and potentially interested
				persons of the request. Procedures for the circulation of public notice must
				include mailing notices to the following:
1)
				The POTW into which the industrial user requesting the FDF determination
				discharges;
2) Adjoining states
				whose waters may be affected;
3)
				Federal agencies as designated by USEPA;
4) Regional planning agencies that
				participate in development of water quality management plans; and
5) Any other person or group who has
				requested individual notice, including those on appropriate mailing lists;
				and
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart G - FUNDAMENTALLY DIFFERENT FACTORS › Section 310.721 - Agency Review of FDF Requests

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Where the Agency finds that fundamentally different factors do not exist, it
				must deny the request and notify the requester (and industrial user where they
				are not the same) and the POTW of the denial.
b) If the Agency finds that fundamentally
				different factors do exist, it must forward the request, with a recommendation
				that the request be approved, to USEPA.
BOARD NOTE: Derived from
					 40
					 CFR 403.13(k)
					 (2003).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart G - FUNDAMENTALLY DIFFERENT FACTORS › Section 310.722 - USEPA Review of FDF Requests

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				USEPA will deny or approve the request for an FDF determination as provided in
				40
				CFR 403.13(l) and (m)
				(2003).
b) The Agency may not grant an FDF request
				unless it has been approved by USEPA.
c) Appeal.
1) The requester may appeal to the Board any
				finding by the Agency that FDF do not exist.
2) If USEPA refuses to approve a request
				forwarded by the Agency, the requester may contest the decision only as allowed
				by USEPA.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart H - ADJUSTMENTS FOR POLLUTANTS IN INTAKE › Section 310.801 - Net/Gross Calculation

Current through Register Vol. 48, No. 28, July 12, 2024
The Control Authority may adjust categorical pretreatment
				  standards to reflect the presence of pollutants in the industrial user's intake
				  water as provided in
				  40 CFR
				  403.15, incorporated by reference in Section
				  310.107(b).
BOARD NOTE: Derived from
					 40 CFR
					 403.15(2005), as amended at
					 70 Fed. Reg. 60134 (Oct. 14,
					 2005).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart I - UPSETS › Section 310.901 - Definition

Current through Register Vol. 48, No. 28, July 12, 2024
For the purposes of this Subpart I, "upset" means an
				  exceptional incident in which there is unintentional and temporary
				  noncompliance with categorical pretreatment standards because of factors beyond
				  the reasonable control of the industrial user. An upset does not include
				  noncompliance to the extent caused by operational error, improperly designed
				  treatment facilities, inadequate treatment facilities, lack of preventive
				  maintenance or careless or improper operation.
BOARD NOTE: Derived from
					 40 CFR 403.16(a)
					 (2003).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart I - UPSETS › Section 310.902 - Effect of an Upset

Current through Register Vol. 48, No. 28, July 12, 2024
An upset may constitute an affirmative defense to an action
				  brought for noncompliance with categorical pretreatment standards if the
				  requirements of Section
				  310.903
				  are met.
BOARD NOTE: Derived from
					 40 CFR 403.16(b)
					 (2003).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart I - UPSETS › Section 310.903 - Conditions Necessary for an Upset

Current through Register Vol. 48, No. 28, July 12, 2024
An industrial user who wishes to establish the affirmative
				  defense of upset must demonstrate, through properly signed, contemporaneous
				  operating logs, or other relevant evidence, that the following has
				  occurred:
a) An upset occurred and the
				industrial user can identify the cause or causes of the upset;
b) The facility was at the time being
				operated in a prudent and workmanlike manner and in compliance with applicable
				operation and maintenance procedures; and
c) The industrial user has submitted the
				following information to the POTW and Control Authority within 24 hours after
				becoming aware of the upset (if this information is provided orally, a written
				submission must be provided within five days);
1) A description of the indirect discharge
				and cause of noncompliance;
2) The
				period of noncompliance, including exact dates and times or, if not corrected,
				the anticipated time the noncompliance is expected to continue;
3) Steps being taken or planned to reduce,
				eliminate, and prevent recurrence of the noncompliance.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart I - UPSETS › Section 310.904 - Burden of Proof

Current through Register Vol. 48, No. 28, July 12, 2024
In any enforcement proceeding, the industrial user seeking to
				  establish the occurrence of an upset must have the burden of proof.
BOARD NOTE: Derived from
					 40 CFR 403.16(d)
					 (2003).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart I - UPSETS › Section 310.905 - Reviewability of Claims of Upset

Current through Register Vol. 48, No. 28, July 12, 2024
In the usual exercise of prosecutorial discretion, Agency
				  enforcement personnel should review any claims that non-compliance was caused
				  by an upset. No determinations made in the course of the review constitute
				  final Agency action subject to judicial review. Industrial users will have the
				  opportunity for a judicial determination on any claim of upset only in an
				  enforcement action brought for noncompliance with categorical pretreatment
				  standards.
BOARD NOTE: Derived from
					 40 CFR 403.16(e)
					 (2003).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart I - UPSETS › Section 310.906 - User Responsibility in Case of Upset

Current through Register Vol. 48, No. 28, July 12, 2024
The industrial user must control production or all discharges
				  to the extent necessary to maintain compliance with categorical pretreatment
				  standards upon reduction, loss, or failure of its treatment facility until the
				  facility is restored or an alternative method of treatment is provided. This
				  requirement applies in the situation where, among other things, the primary
				  source of power of the treatment facility is reduced, lost, or fails.
BOARD NOTE: Derived from
					 40 CFR 403.16(f)
					 (2003).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart J - BYPASS › Section 310.910 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
For the purposes of this Subpart J, the following definitions
				  apply:
"Bypass" means the intentional diversion of waste streams
				  from any portion of an industrial user's treatment facility.
"Severe property damage" means substantial physical damage to
				  property, damage to treatment facilities that causes them to become inoperable
				  or substantial and permanent loss of natural resources that can reasonably be
				  expected to occur in the absence of a bypass. Severe property damage does not
				  mean economic loss caused by delays in production.
BOARD NOTE: Derived from
					 40 CFR
					 403.17(a)
					 (2003).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart J - BYPASS › Section 310.911 - Bypass Not Violating Applicable Pretreatment Standards or Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
An industrial user may allow any bypass to occur that does
				  not cause pretreatment standards or requirements to be violated, but only if it
				  also is for essential maintenance to assure efficient operation. These bypasses
				  are not subject to the provisions of Sections
				  310.912 and
				  310.913.
BOARD NOTE: Derived from 40 FCR
					 403.17(b)
					 (2003).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart J - BYPASS › Section 310.912 - Notice

Current through Register Vol. 48, No. 28, July 12, 2024
a) If an industrial
				user knows in advance of the need for a bypass, it must submit prior notice to
				the Control Authority, if possible at least 10 days before the date of the
				bypass.
b) An industrial user must
				submit oral notice of an unanticipated bypass that exceeds applicable
				pretreatment standards to the Control Authority within 24 hours from the time
				the industrial user becomes aware of the bypass. A written submission must also
				be provided within five days after the time the industrial user becomes aware
				of the bypass. The written submission must contain the following:
1) A description of the bypass and its
				cause;
2) The duration of the
				bypass, including exact dates and times; and
3) If the bypass has not been corrected, the
				anticipated time it is expected to continue and the steps taken or planned to
				reduce, eliminate and prevent reoccurrence of the bypass.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart J - BYPASS › Section 310.913 - Prohibition of Bypass

Current through Register Vol. 48, No. 28, July 12, 2024
a) Bypass is
				prohibited unless the following are true:
1)
				Bypass was unavoidable to prevent loss of life, personal injury, or severe
				property damage;
2) There were no
				feasible alternatives to the bypass, such as the use of auxiliary treatment
				facilities, retention of untreated wastes, or maintenance during normal periods
				of equipment downtime. This condition is not satisfied if adequate backup
				equipment should have been installed in the exercise of reasonable engineering
				judgment to prevent a bypass that occurred during normal periods of equipment
				downtime or preventative maintenance; and
3) The industrial user submitted notices as
				required under Section
				310.912.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart K - MODIFICATION OF POTW PRETREATMENT PROGRAMS › Section 310.920 - General

Current through Register Vol. 48, No. 28, July 12, 2024
Either the Agency or a POTW with an approved POTW
				  pretreatment program may initiate program modification at any time to reflect
				  changing conditions at the POTW. Program modification is necessary whenever
				  there is a significant change in the operation of a POTW pretreatment program
				  that differs from the information in the POTW's submission, as approved under
				  Sections 310.541 through
				  310.546.
BOARD NOTE: Derived from
					 40 CFR
					 403.18(a), as added at 53
					 Fed. Reg. 40615, October 17, 1988.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart K - MODIFICATION OF POTW PRETREATMENT PROGRAMS › Section 310.921 - Substantial Modifications Defined

Current through Register Vol. 48, No. 28, July 12, 2024
Substantial modifications include the following types of
				  modifications:
a) Modifications that
				relax POTW legal authorities (as described in Section
				310.510(a)),
				except for modifications that directly reflect a revision to this Part or to 35
				Ill. Adm. Code: Subtitle C, and are reported pursuant to Section
				310.923;
b) Modifications that relax local limits,
				except for the modifications to local limits for pH and reallocations of the
				maximum allowable industrial loading of a pollutant that do not increase the
				total industrial loadings for the pollutant, which are reported pursuant to
				Section 310.923. For this Section, "maximum allowable industrial loading" means
				the total mass of a pollutant that all industrial users of a POTW (or a
				subgroup of industrial users identified by the POTW) may discharge pursuant to
				limits developed under Section
				310.210;
c) Changes to the POTW's control mechanism,
				as the control mechanism is described in Section
				310.510(a)(3);
d) A decrease in the frequency of
				self-monitoring or reporting required of industrial users;
e) A decrease in the frequency of industrial
				user inspections or sampling by the POTW;
f) Changes to the POTW's confidentiality
				procedures; and
g) Other
				modifications designated as substantial modifications by the Agency on any of
				the following bases:
1) The modification could
				have a significant impact on the operation of the POTW's pretreatment
				program;
2) The modification could
				result in an increase in pollutant loadings at the POTW; or
3) The modification could result in less
				stringent requirements being imposed on industrial users of the POTW.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart K - MODIFICATION OF POTW PRETREATMENT PROGRAMS › Section 310.922 - Approval Procedures for Substantial Modifications

Current through Register Vol. 48, No. 28, July 12, 2024
a) The POTW must submit to the Agency a
				statement of the basis for the desired program modification, a modified program
				description (see Section
				310.522), or such other
				documents the Agency determines to be necessary under the
				circumstances.
b) The Agency must
				approve or disapprove the modification based on the requirements of Section
				310.510 and using the procedures
				in Sections 310.542 through
				310.546, except as provided in
				subsections (c) and (d). The modification must become effective upon approval
				by the Agency.
c) The Agency need
				not publish a notice of the decision under Section
				310.545 if each of the following
				conditions is fulfilled:
1) The notice of
				request for approval under Section
				310.542(a)
				states that the request will be approved if no comments are received by a date
				specified in the notice;
2) No
				substantive comments are received; and
3) The request is approved without
				change.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart K - MODIFICATION OF POTW PRETREATMENT PROGRAMS › Section 310.923 - Approval Procedures for Non-Substantial Modifications

Current through Register Vol. 48, No. 28, July 12, 2024
a) The POTW must notify the Agency of any
				non-substantial modification at least 45 days before its implementation by the
				POTW, in a statement similar to that provided for in Section
				310.922(a).
b) Within 45 days after the submission of the
				POTW's statement, the Agency must notify the POTW of its decision to approve or
				disapprove the non-substantial modification.
c) If the Agency does not notify the POTW
				within 45 days of its decision to approve or deny the modification, or to treat
				the modification as substantial under Section
				310.921(g), the
				POTW may implement the modification.
BOARD NOTE: Derived from
					 40 CFR
					 403.18(d)
					 (2003).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart K - MODIFICATION OF POTW PRETREATMENT PROGRAMS › Section 310.924 - Incorporation of Modifications into the Permit

Current through Register Vol. 48, No. 28, July 12, 2024
All modifications must be incorporated into the POTW's NPDES
				  permit upon approval. The permit must be modified to incorporate the approved
				  modification in accordance with this Part and 35 Ill. Adm. Code 309.
BOARD NOTE: Derived from
					 40 CFR
					 403.18(e)
					 (2003).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart L - FEDERAL PROJECT XL AGREEMENTS › Section 310.930 - Federally Approved Pretreatment Program Reinvention Pilot Projects Under Project XL (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
BOARD NOTE: Derived from
					 40
					 CFR 403.20(2003). A Project
					 XL agreement among the Metropolitan Water Reclamation District of Greater
					 Chicago, the Agency, and USEPA and described at 66 Fed. Reg. 50336 (October 3,
					 2001) received final approval by USEPA and the Agency on August 30,
					 2001.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 312 - TREATMENT PLANT OPERATOR CERTIFICATION › Section 312.101 - Prohibition

Current through Register Vol. 48, No. 28, July 12, 2024
A person must not cause or allow the use or operation of any
				treatment works for which a permit is required by 35 Ill. Adm. Code 309 unless
				the operation of the treatment works is under the direct and active field
				supervision of a person who has been certified by the Agency as competent to
				operate the particular type or size of treatment works being used or
				operated.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 312 - TREATMENT PLANT OPERATOR CERTIFICATION › Section 312.102 - Classifications

Current through Register Vol. 48, No. 28, July 12, 2024
Agency rules in 35 Ill. Adm. Code 380 (Procedure for the
				Certification of Operators of Wastewater Treatment Works) classify treatment
				works by type and size based on the volume and nature of wastewater influent to
				the treatment works and the complexity of the treatment works. Those rules also
				contain corresponding standards defining the class or classes of operators
				competent to operate a particular type or size of treatment
				works.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 312 - TREATMENT PLANT OPERATOR CERTIFICATION › Section 312.103 - Standards for Certification

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency must not certify a person as a competent operator
				unless the person submits adequate proof that the person is competent to
				operate the particular class of treatment works for which certification is
				sought in a manner that will not cause a violation of the Act or this
				Chapter.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 312 - TREATMENT PLANT OPERATOR CERTIFICATION › Section 312.105 - Appeals

Current through Register Vol. 48, No. 28, July 12, 2024
An applicant for certification may appeal the Agency's decision
				to the Board in the manner provided for reviewing permit decisions under
				Section 40 of the Act and 35 Ill. Adm. Code 105 (Appeals of Final Decisions of
				State Agencies).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 320 - FEES FOR CONSTRUCTION PERMITS REQUIRED UNDER SECTION 12(b) OF THE ILLINOIS ENVIRONMENTAL PROTECTION ACT › Subpart A - GENERAL › Section 320.101 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Unless specified
				otherwise, all terms shall have the meaning set forth in the Act.
b) For purposes of this Part, the following
				definitions apply:
1) "Act" means the
				Environmental Protection Act [415 ILCS 5 ].
2) "Agency" means the Illinois Environmental
				Protection Agency.
3) "Applicant"
				means a person who applies for a construction permit to install or extend
				sewers, treatment works, industrial pretreatment works, or industrial
				wastewater source, pursuant to Title III of the Act or 35 Ill. Adm. Code.
				Subtitle C or D.
4) "Design
				Population" means:
A) for purposes of new
				sewer systems, wasteload in terms of population equivalents contained within
				the proposed service area covered by the construction permit
				application;
B) for purposes of
				sewer extensions or connections, additional wasteload in terms of population
				equivalents contained within the service area added by the entire sewer
				proposed in the construction permit application.
5) "Fee" means the fee prescribed by Section
				12.2 of the Act.
6) "Industrial"
				refers to those industrial users referenced in section 502(18) of the federal
				Clean Water Act (
				33
				USC 1362(18) ) and
				regulations adopted pursuant to that Act. (Section 12.2(h) of the
				Act)
7) "NPDES Permit" means
				National Pollutant Discharge Elimination System Permit.
8) "Population Equivalent" means that one
				population equivalent is 100 gallons of sewage per day, containing 0.17 pounds
				of BOD5 (five day biochemical oxygen demand) and 0.20 pounds of suspended
				solids, on the basis of the highest individual value of the three
				parameters.
9) "Pretreatment" means
				the reduction of the amount of pollutants, the elimination of pollutants, or
				the alteration of the nature of pollutant properties in wastewater prior to or
				in lieu of discharging or otherwise introducing those pollutants into a
				publicly owned treatment works or publicly regulated treatment works. (Section
				12.2(h) of the Act)
10) "Sewage"
				means water-carried human and related wastes from any source (35 Ill. Adm. Code
				301.385
				).
11) "Sewer" means a stationary
				means of transport, excluding natural waterways, constructed and operated
				primarily for the purpose of collecting and transporting sewage.
12) "Toxic pollutants" means those pollutants
				defined in section 502(13) of the federal Clean Water Act (
				33
				USC 1362(13) ) and
				regulations adopted pursuant to that Act (Section 12.2(h) of the Act). For
				purposes of this Part, this definition is limited to any pollutant listed as
				toxic pursuant to section 307(a)(1) of the Clean Water Act (
				33 USC
				1317(a)(1) ) or in 40 CFR
				122, appendix D (2007).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 320 - FEES FOR CONSTRUCTION PERMITS REQUIRED UNDER SECTION 12(b) OF THE ILLINOIS ENVIRONMENTAL PROTECTION ACT › Subpart A - GENERAL › Section 320.102 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of this Part is to establish procedures for
				  collecting fees from applicants for construction permits required under Section
				  12(b) of the Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 320 - FEES FOR CONSTRUCTION PERMITS REQUIRED UNDER SECTION 12(b) OF THE ILLINOIS ENVIRONMENTAL PROTECTION ACT › Subpart A - GENERAL › Section 320.103 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as
				provided otherwise in subsection (c), this Part applies to each applicant for a
				construction permit required under Title III of the Act, or 35 Ill. Adm.
				Code.Subtitle C, to install or extend sewers.
b) Except as provided otherwise in subsection
				(c), this Part applies to each applicant for a construction permit required
				under Title III of the Act, or 35 Ill. Adm. Code.Subtitle C or D, to install or
				extend any treatment works, industrial pretreatment works, or industrial
				wastewater source. No fee shall be assessed under this Section if:
1) A treatment works or wastewater source is
				directly covered and authorized under an NPDES permit issued by the
				Agency;
2) A treatment works,
				industrial pretreatment works, or industrial wastewater source is under or
				pending construction authorized by a valid construction permit issued by the
				Agency prior to July 1, 2003 during the term of that construction permit;
				or
3) A treatment works, industrial
				pretreatment works, or industrial wastewater source for which a completed
				construction permit application has been received by the Agency prior to July
				1, 2003 with respect to the permit issued under that application. (Section
				12.2(a) of the Act)
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 320 - FEES FOR CONSTRUCTION PERMITS REQUIRED UNDER SECTION 12(b) OF THE ILLINOIS ENVIRONMENTAL PROTECTION ACT › Subpart A - GENERAL › Section 320.104 - Relation to Other Fee Systems

Current through Register Vol. 48, No. 28, July 12, 2024
Except as provided otherwise in Section
				  320.103(b) and
				  (c), 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 and fee systems established by
				  law.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 320 - FEES FOR CONSTRUCTION PERMITS REQUIRED UNDER SECTION 12(b) OF THE ILLINOIS ENVIRONMENTAL PROTECTION ACT › Subpart A - GENERAL › Section 320.105 - 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 320 - FEES FOR CONSTRUCTION PERMITS REQUIRED UNDER SECTION 12(b) OF THE ILLINOIS ENVIRONMENTAL PROTECTION ACT › Subpart B - PROCEDURES FOR DETERMINATION AND PAYMENT OF FEES › Section 320.201 - Amount of the Fee

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each
				applicant or person required to pay a fee under this Part pursuant to Section
				320.103
				shall pay a fee to be submitted with the permit application. See 35 Ill. Adm.
				Code 370.Appendix A and 35 Ill. Adm. Code 370.Appendix B for guidance in
				determining design population.
b)
				The amount of fee for domestic sewer extensions is as follows:
1) $100 for any domestic sewer constructed to
				serve a design population of 1;
2)
				$400 for any domestic sewer constructed to serve a design population of 2 to
				20;
3) $800 for any domestic sewer
				constructed to serve a design population greater than 20 but less than
				101;
4) $1,200 for any domestic
				sewer constructed to serve a design population greater than 100 but less than
				500; and
5) $2,400 for any domestic
				sewer constructed to serve a design population of 500 or more.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 320 - FEES FOR CONSTRUCTION PERMITS REQUIRED UNDER SECTION 12(b) OF THE ILLINOIS ENVIRONMENTAL PROTECTION ACT › Subpart B - PROCEDURES FOR DETERMINATION AND PAYMENT OF FEES › Section 320.202 - Manner of Payment

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Payment of the fee must be by certified or cashiers check for each permit
				application payable to "Treasurer, State of Illinois", designated to the
				Environmental Protection Permit and Inspection Fund with the applicant's
				Federal Employer Identification Number (FEIN) or Social Security number
				appearing on the face of the check and shall be submitted along with the permit
				application to:
Illinois Environmental Protection Agency
Division of Water Pollution Control
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
b) Payment shall not include any fees due to
				the Agency for any purpose other than the fee due under Section
				320.201.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 320 - FEES FOR CONSTRUCTION PERMITS REQUIRED UNDER SECTION 12(b) OF THE ILLINOIS ENVIRONMENTAL PROTECTION ACT › Subpart B - PROCEDURES FOR DETERMINATION AND PAYMENT OF FEES › Section 320.203 - Prohibition Against Refund

Current through Register Vol. 48, No. 28, July 12, 2024
No fee remitted to the Agency under this Part shall be
				  refunded in whole or in part at any time or for any reason. (Section 12.2(f) of
				  the Act)
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 320 - FEES FOR CONSTRUCTION PERMITS REQUIRED UNDER SECTION 12(b) OF THE ILLINOIS ENVIRONMENTAL PROTECTION ACT › Subpart B - PROCEDURES FOR DETERMINATION AND PAYMENT OF FEES › Section 320.204 - Audit and Access to Records

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each applicant for which a fee is due
				under this Part shall preserve and maintain all records relating to calculation
				of the fee for at least 5 years after the date on which the permit application
				is received by the Agency.
b) The
				records described in subsection (a) of this Section shall be available to the
				Agency or its authorized representative (e.g., auditor, contractor) for
				examination during normal business hours.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 320 - FEES FOR CONSTRUCTION PERMITS REQUIRED UNDER SECTION 12(b) OF THE ILLINOIS ENVIRONMENTAL PROTECTION ACT › Subpart C - PROCEDURES FOR PROCESSING PERMIT APPLICATIONS › Section 320.301 - Permit Applications Containing the Entire Fee

Current through Register Vol. 48, No. 28, July 12, 2024
a) Applications received by the Agency will
				be logged in and assigned a receipt date and number. The application shall be
				accepted if the following conditions are met:
1) The application is complete in accordance
				with Title III of the Act and regulations adopted thereunder; and
2) The entire fee due under Section
				320.201 is
				included with the application.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 320 - FEES FOR CONSTRUCTION PERMITS REQUIRED UNDER SECTION 12(b) OF THE ILLINOIS ENVIRONMENTAL PROTECTION ACT › Subpart C - PROCEDURES FOR PROCESSING PERMIT APPLICATIONS › Section 320.302 - Permit Applications Not Containing the Entire Fee

Current through Register Vol. 48, No. 28, July 12, 2024
Applications not containing the entire fee shall be
				  considered incomplete. The Agency shall take the following actions in response
				  to such applications:
a) The Agency
				shall deposit any fees submitted along with the application and shall notify
				the applicant of the fee deficiency. Within 30 days after this notification,
				the applicant must submit the balance of the fee that is due.
1) If the entire fee due is received by the
				Agency within 30 days after issuance of the notice under subsection (a), the
				Agency shall accept the application in accordance with Section
				320.301.
2) If the required fee is not received within
				30 days after the notice of deficiency, the permit shall be considered
				denied.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 325 - PERMIT FEES FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMITS AND DOMESTIC SEWAGE SLUDGE GENERATOR OR SLUDGE USER PERMITS › Subpart A - GENERAL › Section 325.100 - 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 for discharges that require a National Pollutant Discharge
				  Elimination System (NPDES) permit and are covered under Section 12.5 of the
				  Environmental Protection Act (Act), and for activities that require a domestic
				  sewage sludge generator or sludge user permit from persons holding those
				  permits.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 325 - PERMIT FEES FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMITS AND DOMESTIC SEWAGE SLUDGE GENERATOR OR SLUDGE USER PERMITS › Subpart A - GENERAL › Section 325.105 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as
				provided otherwise in subsection (b) of this Section, this Part applies to each
				person holding an NPDES permit under Section 12(f) of the Environmental
				Protection Act, including a person who continues to discharge under an expired
				permit that is properly administratively continued pending renewal, and each
				person holding a domestic sewage sludge generator or sludge user permit under
				Section 12(b) of the Act.
b) This
				Part does not apply to:
1) the State of
				Illinois or any department or agency of the State;
2) school districts;
3) private sewage disposal systems, as
				defined in the Private Sewage Disposal Licensing Act [225 ILCS 225 ];
4) the federal government or any department
				or agency of the United States; or
5) the permit holder of any NPDES permit
				issued under Section 12(f) of the Act for which an annual fee amount is not
				prescribed in Section 12.5 of the Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 325 - PERMIT FEES FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMITS AND DOMESTIC SEWAGE SLUDGE GENERATOR OR SLUDGE USER PERMITS › Subpart A - GENERAL › Section 325.115 - Relation to Other Fees and Fee Systems

Current through Register Vol. 48, No. 28, July 12, 2024
a) 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 and fee systems established by federal, State or
				local law.
b) More than one of the
				annual fees specified in Section
				325.205 may be
				applicable to an individual permit holder or applicant at an individual
				facility. These fees are in addition to any other fees required under the
				Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 325 - PERMIT FEES FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMITS AND DOMESTIC SEWAGE SLUDGE GENERATOR OR SLUDGE USER PERMITS › Subpart A - GENERAL › Section 325.120 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
If any provision of this Part or the application of that
				  provision to any person or in any circumstance is adjudged invalid, the
				  adjudication shall not affect the validity of this Part as a whole or any
				  provision of this Part not adjudged invalid.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 325 - PERMIT FEES FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMITS AND DOMESTIC SEWAGE SLUDGE GENERATOR OR SLUDGE USER PERMITS › Subpart B - PROCEDURES FOR DETERMINATION AND PAYMENT OF FEES FOR NPDES PERMITS AND SLUDGE GENERATOR OR SLUDGE USER PERMITS › Section 325.205 - Amount of the Fee

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except when
				no fee is due pursuant to Section
				325.215
				for construction site stormwater discharges, each permit holder or applicant
				subject to this Part pursuant to Section
				325.105
				shall pay an annual fee to the Agency for any discharge that requires an NPDES
				permit pursuant to Section 12(f) of the Act and for all activities requiring a
				sludge generator or sludge user permit pursuant to Section 12(b) of the Act.
1) The initial annual fee for discharges
				under a new NPDES permit or for activity under a new individual sludge
				generator or sludge user permit must be remitted to the Agency prior to the
				issuance of the permit. [415 ILCS
				5/12.5(c) ]
2) The initial annual fee for discharges or
				other activity under a general NPDES permit must be remitted to the Agency as
				part of the application for coverage under that general permit. [415 ILCS
				5/12.5(c) ]
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 325 - PERMIT FEES FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMITS AND DOMESTIC SEWAGE SLUDGE GENERATOR OR SLUDGE USER PERMITS › Subpart B - PROCEDURES FOR DETERMINATION AND PAYMENT OF FEES FOR NPDES PERMITS AND SLUDGE GENERATOR OR SLUDGE USER PERMITS › Section 325.210 - Proration of Fees

Current through Register Vol. 48, No. 28, July 12, 2024
a) Proration of
				New Permit Fees
1) In the case of a new NPDES
				or sludge permit issued during the months of January through June, the Agency
				may prorate the initial annual fee payable under this Section. [415 ILCS
				5/12.5(c) ] There is no proration of
				construction site stormwater discharge NPDES permit fees.
2) Applicants for new NPDES or sludge permits
				issued between July 1 and December 31 must pay the entire fee due under Section
				325.205.
3) Applicants for new NPDES or sludge permits
				issued between January 1 and May 31 will be charged a prorated fee according to
				the following schedule based on the month in which the permit is issued.
A) January: 50 percent of the appropriate
				annual fee amount or $250, whichever is greater.
B) February: 40 percent of the appropriate
				annual fee amount or $250, whichever is greater.
C) March: 30 percent of the appropriate
				annual fee amount or $250, whichever is greater.
D) April: 20 percent of the appropriate
				annual fee amount or $250, whichever is greater.
E) May: 10 percent of the appropriate annual
				fee amount or $250, whichever is greater.
4) For new NPDES or sludge permits issued in
				June, the applicant must pay the entire annual fee for the following fiscal
				year prior to issuance of the permit.
5) The minimum fee that may be paid pursuant
				to this subsection (a) is $250.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 325 - PERMIT FEES FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMITS AND DOMESTIC SEWAGE SLUDGE GENERATOR OR SLUDGE USER PERMITS › Subpart B - PROCEDURES FOR DETERMINATION AND PAYMENT OF FEES FOR NPDES PERMITS AND SLUDGE GENERATOR OR SLUDGE USER PERMITS › Section 325.215 - One Time Annual Fee Payments for Construction Site Stormwater Discharges

Current through Register Vol. 48, No. 28, July 12, 2024
a) Beginning
				January 1, 2010, in the case of construction site stormwater discharges for
				which a coverage letter under a general NPDES permit or individual NPDES permit
				has been issued or for which the application for coverage under an NPDES permit
				has been filed with the Agency, no annual fee shall be due after payment of an
				initial annual fee in the amount provided in Section
				325.205(b)(9).
b) When the permit holder of an NPDES
				construction site stormwater discharge permit has paid at least one annual fee
				of $500 prior to January 1, 2010 for the permitted project, the requirements of
				subsection (a) of this Section will be satisfied and no additional annual fees
				will be due for that project.
c) No
				refunds will be issued to any permit holder of an NPDES construction site
				stormwater discharge permit who has paid annual fees that exceed the amounts
				provided in subsection (a) prior to January 1, 2010.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 325 - PERMIT FEES FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMITS AND DOMESTIC SEWAGE SLUDGE GENERATOR OR SLUDGE USER PERMITS › Subpart B - PROCEDURES FOR DETERMINATION AND PAYMENT OF FEES FOR NPDES PERMITS AND SLUDGE GENERATOR OR SLUDGE USER PERMITS › Section 325.220 - Manner of Payment

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Payment of each permit fee due must be by check, cashier's check or money order
				payable to "Illinois EPA". The payment shall be submitted to the address
				indicated on the fee notice and must include the permittee's Federal Employer
				Identification Number (FEIN) or Social Security Number (SSN) and permit
				number.
b) The Agency may also
				accept payment by electronic funds transfer, credit card or other electronic
				method when the Agency has the capability to do so. In order to make an
				electronic payment, the permittee or applicant must first submit documentation
				to the Agency of the permit number for which the electronic payment is being
				made and the permittee's or applicant's FEIN or SSN.
c) Payment for the initial annual fee for
				discharges or other activity under a general NPDES permit must be submitted,
				along with the application for coverage or Notice of Intent to operate under
				that general NPDES permit. If the Agency determines an individual NPDES permit
				is required, the fee paid with the application will be credited to the amount
				due under the individual permit and may be prorated at the date of issuance
				pursuant to Section
				325.210. Any
				overpayment as a result will be credited to the following fiscal year's annual
				fee.
d) The Agency will provide
				notice to the permit applicant for a new individual NPDES permit and for a new
				individual sludge generator or sludge user permit of the fee due under Section
				325.205 while
				the permit is under review and prior to issuance. No NPDES permit or sludge
				generator or sludge user permit may be issued until the total fee due under
				this Part has been remitted to the Agency.
e) Payment should not include any fees due to
				the Agency for any purpose other than the fee due under Section
				325.205.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 325 - PERMIT FEES FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMITS AND DOMESTIC SEWAGE SLUDGE GENERATOR OR SLUDGE USER PERMITS › Subpart B - PROCEDURES FOR DETERMINATION AND PAYMENT OF FEES FOR NPDES PERMITS AND SLUDGE GENERATOR OR SLUDGE USER PERMITS › Section 325.230 - Deposit of Fee Payments

Current through Register Vol. 48, No. 28, July 12, 2024
All fees and interest penalties collected by the Agency under
				  Section 12.5 of the Act shall be deposited into the Illinois Clean Water Fund.
				  Subject to appropriation, the moneys in the Fund shall be used by the Agency to
				  carry out the Agency's clean water activities. [415 ILCS
				  5/12.5(j) ]