Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 352 - PROCEDURES FOR DETERMINING WATER QUALITY BASED PERMIT LIMITATIONS FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DISCHARGERS TO THE LAKE MICHIGAN BASIN › Subpart H - COMPLIANCE SCHEDULES › Section 352.800 - Compliance Schedules

Current through Register Vol. 48, No. 28, July 12, 2024
Section 39(b) of the Environmental Protection Act
				  [415 ILCS
				  5/39(b) ] and 35 Ill. Adm. Code
				  309.148
				  authorize the Agency to establish schedules of compliance in NPDES permits for
				  a number of circumstances, including a discharge that is not in compliance with
				  applicable water quality standards. NPDES permits with compliance schedules
				  within the Lake Michigan Basin shall be issued according to the following
				  procedures:
a) No delayed compliance
				dates may be included for new discharges within the basin. Permits issued on or
				after February 20, 1998 that contain a water quality based effluent limit
				(WQBEL) shall require compliance with the WQBEL upon commencement of the
				discharge.
b) Any existing permit
				reissued or modified after February 20, 1998 that contains a new or more
				restrictive WQBEL shall allow a reasonable period of time, up to five years
				after the date of permit issuance or modification, for the permitee to comply
				with that limit.
c) If the
				compliance schedule established under subsection (b) extends beyond one year
				after the date of permit issuance or modification, the schedule shall set forth
				interim requirements and dates for their achievement as appropriate.
d) Whenever a WQBEL for a toxic substance
				based on a Tier II value derived pursuant to 35 Ill. Adm. Code
				302.563
				or
				302.565(b)
				is included in a reissued or modified permit for an existing discharge, the
				permit shall provide a reasonable period of time, up to two years, to acquire
				additional data necessary to develop a Tier I criteria or to modify the Tier II
				value. In such cases, the permit shall require compliance with the Tier II
				limitation within a reasonable period of time, consistent with subsections (e)
				and (f) below and contain a reopener clause consistent with subsection
				(e).
e) The reopener clause
				referenced in subsection (d) shall authorize permit modifications if additional
				data become available during the time allowed which demonstrates that a revised
				WQBEL is appropriate. The revised WQBEL shall be incorporated through permit
				modification and a reasonable time period, up to five years after the date of
				permit modification, shall be allowed for compliance. If incorporated prior to
				the compliance date of the original Tier II limitation, any such revised limit
				shall not be considered less stringent for purposes of the anti-backsliding
				provisions of Section 402(o) of the Clean Water Act.
f) If a revised WQBEL is not demonstrated to
				be appropriate during the time period allowed to collect additional data and
				derive a Tier I criteria or revised Tier II value, the Agency may provide a
				reasonable additional period of time, not to exceed five years after the end of
				the data collection period, to achieve compliance with the original effluent
				limitation.