AUTHORITY: Implementing Sections 13 and 13.3 and authorized by Section 27 of the Environmental Protection Act [415 ILCS 5/13, 13.3 and 27].

SOURCE: Adopted in R71-14, at 4 PCB 3, March 7, 1972; amended in R73-11, 12, at 14 PCB 661, December 5, 1974, at 16 PCB 511, April 24, 1975, and at 28 PCB 509, December 20, 1977; amended in R73-11, 12, at 29 PCB 477, at 2 Ill. Reg. 16, p. 20, effective April 20, 1978; amended in R79-13, at 39 PCB 263, at 4 Ill. Reg. 34, p. 159, effective August 7, 1980; amended in R77-12B, at 41 PCB 369, at 5 Ill. Reg. 6384, effective May 28, 1981; amended in R76-21, at 44 PCB 203, at 6 Ill. Reg. 563, effective December 24, 1981; codified at 6 Ill. Reg. 7818; amended in R82-5, 10, at 54 PCB 411, at 8 Ill. Reg. 1612, effective January 18, 1984; amended in R86-44 at 12 Ill. Reg. 2495, effective January 13, 1988; amended in R88-1 at 13 Ill. Reg. 5993, effective April 18, 1989; amended in R88-21(A) at 14 Ill. Reg. 2892, effective February 13, 1990; amended in R91-5 at 16 Ill. Reg. 7339, effective April 27, 1992; amended in R95-22 at 20 Ill. Reg. 5526, effective April 1, 1996; amended in R99-8 at 23 Ill. Reg. 11287, effective August 26, 1999; amended in R02-11 at 27 Ill. Reg. 202, effective December 20, 2002; amended in R03-19 at 28 Ill. Reg. 7310, effective May 7, 2004; amended in R07-9 at 32 Ill. Reg. 14995, effective September 8, 2008; amended in R08-09(D) at 39 Ill. Reg. 9433, effective June 26, 2015; amended in R15-24 at 40 Ill. Reg. 8597, effective June 13, 2016; amended in R18-23 at 47 Ill. Reg. 5017, effective March 23, 2023.

SUBPART A: NPDES PERMITS

 

Section 309.101  Preamble

 

Permits may be required under either of two subparts – NPDES Permits, Subpart A, which regulates discharges into navigable waters as defined in the Clean Water Act (CWA), as defined at 35 Ill. Adm. Code 301.240, or Other Permits, Subpart B, which regulates certain structures and discharges from them that are not required to have an NPDES Permit.

 

(Source:  Amended at 47 Ill. Reg. 5017, effective March 23, 2023)

 

Section 309.102  NPDES Permit Required

 

a)         Unless it complies with the Act, Board regulations, the CWA, and the provisions and conditions of the NPDES permit issued to the discharger, the discharge of any contaminant or pollutant by any person into the waters of the State from a point source or into a well is unlawful.

 

b)         Neither an NPDES permit nor a state permit is required for any discharge into a well that is authorized by a UIC (Underground Injection Control) permit issued by the Agency under 35 Ill. Adm. Code 702 and 704.  For these wells, compliance with the UIC permit requirements of Section 12(g) of the Act is deemed compliance with the NPDES permit requirement of Section 12(f) of the Act.

 

(Source:  Amended at 47 Ill. Reg. 5017, effective March 23, 2023)

 

Section 309.103  Application – General

 

a)         Application Forms

 

1)         An applicant for an NPDES Permit must apply under Section 309.223, on forms provided by the Illinois Environmental Protection Agency (Agency).  The forms must comprise the NPDES application forms promulgated by the U.S. Environmental Protection Agency for the type of discharge for which an NPDES Permit is sought and any additional information the Agency may reasonably require to determine that the discharge or proposed discharge will comply with applicable State and federal requirements.

 

2)         In addition to the application forms, the Agency may require the submission of plans and specifications for treatment works and summaries of design criteria.

 

3)         Effluent Toxicity Monitoring

 

A)        In addition to the above application forms, the Agency may require, under Section 39 of the Act, installing, using, maintaining, and reporting results from monitoring equipment and methods, including biological monitoring. The Agency may require, under Section 39 of the Act, effluent toxicity testing to show compliance with 35 Ill. Adm. Code 302.621 and 302.630. If this toxicity testing shows the effluent to be toxic, the Agency may require, under Section 39 of the Act, further testing and identification of the toxicants under 35 Ill. Adm. Code 302.210(a).

 

B)        The following POTWs must provide the results of valid whole effluent biological toxicity testing to the Agency:

 

i)          All POTWs with design influent flows equal to or greater than one million gallons per day;

 

ii)         All POTWs with approved pretreatment programs or POTWs required to develop a pretreatment program under 35 Ill. Adm. Code 310.Subpart E;

 

C)        In addition to the POTWs listed in subsection (a)(3)(B), the Agency may require other POTWs to submit the result of toxicity tests with their permit applications, based on consideration of the following factors.

 

i)          The variability of the pollutants or pollutant parameters in the POTW effluent (based on chemical-specific information, the type of treatment facility, and types of industrial contributors);

 

ii)         The dilution of the effluent in the receiving water (ratio of effluent flow to receiving streamflow);

 

iii)        Existing controls on point or nonpoint sources, including total maximum daily load calculations for the waterbody segment and the relative contribution of the POTW;

 

iv)        Receiving stream characteristics, including possible or known water quality impairment, and whether the POTW discharges to a coastal water, one of the Great Lakes, or a water designated as an outstanding natural resource; or

 

v)         Other considerations (including the history of toxic impact and compliance problems at the POTW), which the Agency determines could cause or contribute to adverse water quality impacts.

 

D)        The POTWs required under subsection (a)(3)(B) or (a)(3)(C) to conduct toxicity testing must use the methods prescribed at 35 Ill. Adm. Code 302. Subpart F.  Such testing must have been conducted since the later of the last NPDES permit reissuance or permit modification under Section 309.182, 309.183, or 309.184 for any of the reasons listed at 40 CFR 122.62(a) (1994), as amended at 60 Fed. Reg. 33926 effective June 29, 1995, incorporated by reference in 35 Ill. Adm. Code 301.106 (including no later amendments or editions).

 

4)         All POTWs with approved pretreatment programs must provide the following information to the Agency:  a written technical evaluation of the need to revise local limits under 35 Ill. Adm. Code 310.210.

 

BOARD NOTE:  Subsections (a)(3)(B) through (a)(4) are derived from 40 CFR 122.21(j) (1994).

 

b)         Animal Waste Facilities

An applicant for an NPDES Permit in connection with the operation of an animal waste facility must complete, sign, and submit an NPDES application under 35 Ill. Adm. Code:  Subtitle E, Chapter I.

 

c)         Mining Activities

 

1)         If, as defined by 35 Ill. Adm. Code 402.101, mining activities are to be carried out on a facility for which an NPDES Permit is held or required, the applicant must submit a permit application as required by 35 Ill. Adm. Code 403.103, 403.104 and 405.104.  If the facility will have a discharge other than a mine discharge or non-point source mine discharge as defined by 35 Ill. Adm. Code 402.101, the applicant must also submit an NPDES Permit application under 35 Ill. Adm. Code 309.223 on forms supplied by the Agency.

 

2)         As provided by 35 Ill. Adm. Code 403.101, except to the extent contradicted in 35 Ill. Adm. Code: Subtitle D, Chapter I, the rules in this Subpart apply only to 35 Ill. Adm. Code:  Subtitle D, Chapter I NPDES Permits.

 

3)         As provided by 35 Ill. Adm. Code 406.100, except to the extent provided in 35 Ill. Adm. Code:  Subtitle D, Chapter I, the effluent standards of 35 Ill. Adm. Code 304 do not apply to mine discharges and non-point source mine discharges.

 

d)         New Discharges

Any person whose discharge will begin after October 24, 1977, or any person having an NPDES Permit issued by the U.S. Environmental Protection Agency for an existing discharge that will substantially change in nature or increase in volume or frequency must apply for an NPDES Permit either:

 

1)         No later than 180 days before the date on which the NPDES Permit will be required; or

 

2)         In sufficient time before the anticipated commencement of the discharge to ensure compliance with section 306 of the Clean Water Act (CWA) (33 U.S.C. 1251 et seq.) and any other applicable water quality standards and applicable effluent standards and limitations.

 

e)         Signatures

An application submitted by a corporation must be signed by a principal executive officer of at least the level of vice president or a duly authorized representative who is responsible for the overall operation of the facility from which the discharge described in the application form originates.  For a partnership or a sole proprietorship, the application must be signed by a general partner or the proprietor, respectively.  For a publicly owned facility, the application must be signed by the principal executive officer, a ranking elected official, or another duly authorized employee.

 

(Source:  Amended at 47 Ill. Reg. 5017, effective March 23, 2023)

 

Section 309.104  Renewal

 

a)         Any permittee who wishes to continue to discharge after the expiration date of the NPDES Permit must timely apply for reissuance of the permit.

 

1)         A permittee has submitted a timely application for a new permit when:

 

A)        The permittee submits:

 

i)          an application 180 days before the expiration date of the existing permit; or

 

ii)         a request for a waiver in writing to the Agency, the Agency grants a written waiver to apply less than 180 days before the expiration date of the existing permit, and the applicant applies within the timeframe listed in the waiver request.  A waiver request must include the permittee's reasonably justifiable causes for not meeting the 180-day timeframe.  A waiver of the 180-day submittal requirement must be filed a minimum of 60 days before the permit expires, and must include the date by which the permittee must apply.

 

B)        The Agency must not grant a waiver for applications to be submitted later than the expiration date of the existing permit.

 

C)        Any Agency decision to deny a waiver request must be made within 21 days after the Agency receives the waiver request.

 

2)         The terms and conditions of an expiring permit remain effective and enforceable against the discharger until the Agency takes final action on the pending permit application, only if:

 

A)        the permittee has submitted a timely application under subsection (a)(1); and

 

B)        the Agency, through no fault of the permittee, does not issue a new permit on or before the expiration date of the previous permit.

 

b)         All permittees that timely apply for an NPDES permit renewal must pay an annual NPDES discharge fee under Section 12.5 of the Act.

 

c)         The Agency must circulate public notice and provide opportunity for public hearing, as provided for in this Subpart A, in the same manner as for a new permit application.

 

(Source:  Amended at 47 Ill. Reg. 5017, effective March 23, 2023)

 

Section 309.105  Authority to Deny NPDES Permits

 

An NPDES Permit must not be issued if:

 

a)         The permit would authorize the discharge of a radiological, chemical, or biological warfare agent or high-level radioactive waste;

 

b)         The discharge would, in the judgment of the Secretary of the Army acting through the Chief of Engineers, result in the substantial impairment of anchorage and navigation;

 

c)         The Administrator of the U.S. Environmental Protection Agency objects in writing to the proposed permit under any right to object given to the Administrator under Section 402(d) of the CWA;

 

d)         The permit would authorize a discharge from a point source that conflicts with a plan approved under Section 208(b) of the CWA; or

 

e)         The applicant has not provided proof to the Agency that the applicant will meet any schedule of compliance that may be established as a condition of the permit under the Act and Board rules.

 

(Source:  Amended at 47 Ill. Reg. 5017, effective March 23, 2023)

 

Section 309.106  Access to Facilities and Further Information

 

If the Agency determines that additional information or a site visit is necessary for the Agency to evaluate an NPDES Permit application, it must notify the applicant and arrange to secure the additional information or make the site visit.  If the Agency does not receive adequate information within the period specified by the Agency, the permit must either be issued or denied based on the information currently before the Agency, and the applicant so notified.

 

(Source:  Amended at 47 Ill. Reg. 5017, effective March 23, 2023)

 

Section 309.107  Distribution of Applications

 

When the Agency determines that an application for an NPDES Permit is complete, it must:

 

a)         Unless otherwise agreed, send a copy of the application to the District Engineer of the appropriate district of the U.S. Corps of Engineers with a letter requesting that the District Engineer provide, within 30 days or as otherwise stated in the Agency's letter, an evaluation of the impact of the discharge on anchorage and navigation.  If the District Engineer responds that anchorage and navigation of any of the navigable waters would be substantially impaired by the granting of a permit, the permit must be denied and the Agency must notify the applicant.  If the District Engineer informs the Agency that imposing specified conditions upon the NPDES Permit is necessary to avoid any substantial impairment of any of the navigable waters, the Agency must include in the permit those conditions specified by the District Engineer.

 

b)         Send one copy of the application to the Regional Administrator of the U.S. Environmental Protection Agency with a letter stating that the application is complete.

 

c)         Notify the Illinois Department of Natural Resources (DNR), subject to any memorandum of agreement between the Agency and the DNR.

 

(Source:  Amended at 47 Ill. Reg. 5017, effective March 23, 2023)

 

Section 309.108  Tentative Determination and Draft Permit

 

After receiving a complete application for an NPDES Permit, the Agency must prepare a tentative determination.  The determination must include at least the following:

 

a)         A statement of whether an NPDES Permit is to be issued or denied; and

 

b)         If the determination is to issue the permit, a draft permit containing:

 

1)         Proposed effluent limitations, consistent with federal and State requirements;

 

2)         If the applicant is not in compliance with applicable requirements, a proposed schedule of compliance for meeting the proposed effluent limitations, including interim dates and requirements consistent with the CWA and applicable regulations;

 

3)         A brief description of any other proposed special conditions that will have a significant impact upon the discharge.

 

c)         A brief description of the basis for each of the permit conditions listed in Section 309.108(b), including a brief description of any mixing zones, how the conditions of the draft permit were derived, and the statutory or regulatory provisions and appropriate supporting references.

 

d)         Upon tentative determination to issue or deny an NPDES Permit:

 

1)         If the determination is to issue the permit, the Agency must notify the applicant in writing of the content of the tentative determination and draft permit and of its intent to circulate public notice of issuance in compliance with Sections 309.108 through 309.112;

 

2)         If the determination is to deny the permit, the Agency must notify the applicant in writing of the tentative determination and of its intent to circulate public notice of denial in compliance with Sections 309.108 through 309.112.  For a denial, notice to the applicant must include a statement of the reasons for denial, as required by Section 39(a) of the Act.

 

e)         For Title X of the Act [415 ILCS 5/Title X], the documents supporting the Agency's tentative decision to issue or deny an NPDES permit under this Section must be either identified in or made part of the Agency record.

 

(Source:  Amended at 47 Ill. Reg. 5017, effective March 23, 2023)

 

Section 309.109  Public Notice

 

a)         Upon tentative determination to issue or deny an NPDES Permit, completion of the draft permit, if any, and not earlier than 10 days after notice to the applicant under Section 309.108(d), the Agency must circulate public notice of the completed application for an NPDES Permit in a manner designed to inform interested and potentially interested persons of the discharge or proposed discharge and of the proposed determination to issue or deny an NPDES Permit for the discharge or proposed discharge.  Procedures for the circulation of public notice must include at least the following concurrent actions:

 

1)         Notice must be mailed to the applicant;

 

2)         Notice must be circulated within the geographical area of the proposed discharge; circulation may include any or all of the following:

 

A)        Posting in the post office and public places of the municipality nearest the premises of the applicant in which the effluent source is located;

 

B)        Posting near the entrance to the applicant's premises and in nearby places;

 

C)        Publishing in local newspapers and periodicals, or, if appropriate, in a daily newspaper of general circulation; and

 

D)        Any other notice requirements necessary to meet the requirements of the Act and the CWA;

 

3)         Notice must be mailed to any person or group upon request; and

 

4)         The Agency must add the name of any person or group upon request to a mailing list to receive copies of notices for all NPDES applications within the State of Illinois or within a certain geographical area.

 

b)         The Agency must provide at least 30 days following the date of first publication of the public notice for interested persons to submit their written views on the tentative determinations concerning the NPDES application.  All comments must be submitted to the Agency and the applicant.  All written comments submitted during the 30-day comment period must be retained by the Agency and considered in formulating its final determinations on the NPDES application.  The period for comment may be extended at the discretion of the Agency by publication as provided in this Section.

 

(Source:  Amended at 47 Ill. Reg. 5017, effective March 23, 2023)

 

Section 309.110  Contents of Public Notice of Application

 

The contents of the public notice of applications for NPDES Permits must include at least the following:

 

a)         Name, address, and telephone number of the Agency;

 

b)         Name and address of the applicant;

 

c)         Brief description of the applicant's activities or operations that result in the discharge described in the NPDES application (e.g., municipal waste treatment plant, steel manufacturing, drainage from mine activities);

 

d)         Name, if any, of the waterway to which the discharge is made and a short description of the discharge's location indicating whether it is a new or an existing discharge;

 

e)         A statement of the tentative determination to issue or deny an NPDES Permit for the discharge described in the application;

 

f)         A brief description of the procedures for formulating final determinations, including the procedures for submitting comments and the expiration date of the comment period; and

 

g)         Address and telephone number of Agency premises at which interested persons may obtain further information, request a copy of the fact sheet, and inspect and copy NPDES forms and related documents.

 

(Source:  Amended at 47 Ill. Reg. 5017, effective March 23, 2023)

 

Section 309.111  Combined Notices

 

a)         The Agency may circulate public notice of applications for more than one NPDES Permit at a time.  If a public notice concerns more than one NPDES Permit application, the information required by Section 309.109 must be included in the notice for each application.

 

b)         To expedite the administrative disposition of NPDES Permit applications, the Agency may publish, for one or more NPDES Permit applications at a time, combined public notices and notices of public hearing required by Sections 309.115 through 309.119.  Any combined public notice and notice of hearing must contain all the information that would be required and must be circulated to all the persons to whom each notice would be required to be sent if the notices were published separately.

 

(Source:  Amended at 47 Ill. Reg. 5017, effective March 23, 2023)

 

Section 309.112  Agency Action After Comment Period

 

Subject to Section 309.120, if the Agency does not hold a public hearing concerning the permit after the comment period, the Agency must evaluate any comments received and either issue or deny the permit.

 

(Source:  Amended at 47 Ill. Reg. 5017, effective March 23, 2023)

 

Section 309.113  Fact Sheets

 

a)         For every discharge with a total volume of more than 500,000 gallons (1.9 megaliters) on any day of the year, the Agency must prepare and, following public notice, send upon request to any person a fact sheet concerning the application described in the public notice.  The contents of the fact sheets must include at least the following information:

 

1)         A sketch or detailed description of the location of the discharge described in the application;

 

2)         A quantitative description of the proposed discharge described in the application that includes at least the following:

 

A)        The rate or frequency of the proposed discharge and if the discharge is continuous, the average daily flow;

 

B)        For thermal discharges subject to limitation under the Act, the average monthly temperatures for the discharge;

 

C)        The average daily mass discharged and average concentration in milligrams per liter, or other applicable units of measurement, of any contaminants present in significant quantities or subject to limitations or prohibitions under the CWA or the Act or regulations adopted under them;

 

3)         The tentative determinations required under Section 309.108;

 

4)         A brief citation, including an identification of the uses for which the receiving waters have been classified, of the water quality standards and effluent standards and limitations applicable to the proposed discharge;

 

5)         For modified and reissued permits, a summary of changes between the public noticed permit and the previous permit;

 

6)         Summary of the antidegradation analysis, including characterization of the receiving waters and the existing uses of the receiving waters;

 

7)         A more detailed description of the procedures for formulating final determinations than that given in the public notice, including:

 

A)        The beginning and ending dates of the comment period and address where comments will be received;

 

B)        Procedures for requesting a public hearing and the nature of that hearing and

 

C)        Any other procedures by which the public may participate in formulating the final determination; and

 

8)         Information on how to obtain the Agency record.

 

b)         The Agency must add the name of any person or group, upon request, to a mailing list to receive copies of fact sheets.

 

(Source:  Amended at 47 Ill. Reg. 5017, effective March 23, 2023)

 

Section 309.114  Notice to Other Governmental Agencies

 

When it issues a public notice under Sections 309.109 through 309.112, the Agency must:

 

a)         Send a fact sheet, if one has been prepared, to any other states whose waters may be affected by issuing the proposed permit and, upon request, provide the states with a copy of the application and a copy of the draft permit.  Each affected state must be allowed to submit written recommendations within a stated number of days to the Agency and to the Regional Administrator of the U.S. Environmental Protection Agency, which the Agency may incorporate into the permit if issued.  If the Agency declines to incorporate any written recommendations timely received from other states, it must provide to the affected state or states and to the Regional Administrator a written explanation of its reasons for not accepting any of the written recommendations.

 

b)         Following the procedure in subsection (a), notify and receive recommendations from any interstate agency having water quality control authority over waters that may be affected by the permit.

 

c)         Unless otherwise waived under 40 CFR 124.10(c), send according to 40 CFR 124.10(c)(1)(iii) and (iv) a copy of the public notice and a copy of the fact sheet for NPDES Permit applications to the U.S. Army Corps of Engineers, any other Federal and State agencies with jurisdiction over fish, shellfish, and wildlife resources, the Advisory Council on Historic Preservation, State Historic Preservation Officers, and other appropriate government authorities, including affected States, and give the agencies an opportunity to respond, comment, or request a public hearing under 35 Ill. Adm. Code 309.115 through 309.119. The agencies must include at least the following:

 

1)         The agency responsible for preparing an approved plan under section 208(b) of the CWA; and

 

2)         The state or interstate agency responsible for preparing a plan under an approved continuous planning process under section 303(e) of the CWA.

 

d)         Send notice to, and coordinate with, appropriate public health agencies to assist the applicant in integrating the relevant provisions of the CWA with any applicable requirements of those public health agencies.

 

(Source:  Amended at 47 Ill. Reg. 5017, effective March 23, 2023)

 

Section 309.115  Public Hearings on NPDES Permit Applications

 

a)         Agency Determination on Whether to Hold a Public Hearing

 

1)         The Agency must hold a public hearing on issuing or denying an NPDES Permit or group of permits whenever the Agency determines that there exists a significant degree of public interest in the proposed permit or group of permits to warrant holding a hearing.  Instances of doubt must be resolved in favor of holding the hearing.

 

2)         Any person, including the applicant, may submit to the Agency a request for a public hearing or a request to be a party at such a hearing to consider the proposed permit or group of permits.  Requests for a public hearing must be filed within the 30-day public comment period and must indicate the interest of the party filing the request and the reasons why a hearing is warranted.

 

b)         When the Agency has determined under subsections (a) and (b) that a public hearing is required, the Director must appoint one or more employees of the Agency to serve as a hearing board and must designate one to serve as Chair.

 

c)         The Chair of the hearing board must promptly schedule the matter for hearing to be held within 60 days after the filing of the first request for a public hearing, or as may be otherwise agreed among the parties.

 

d)         Hearings held under this Section must be held in the geographical area in which the discharges or proposed discharges are located, or other appropriate location, as determined by the Chair.  Consideration must be given to facilitating the attendance of interested or affected persons and organizations and to the accessibility of hearing sites to public transportation.  The Chair must conduct a fair hearing, take all necessary action to avoid delay, maintain order, and ensure the development of a clear and complete hearing file.

 

(Source:  Amended at 47 Ill. Reg. 5017, effective March 23, 2023)

 

Section 309.116  Notice of Agency Hearing

 

The Agency must issue public notice of the hearing at least 30 days before the date of the hearing, in the manner described by Sections 309.109 through 309.112 for public notice.  The Agency must send notices of the hearing to all persons and governmental agencies who received notice of the application under Sections 309.109 through 309.112 and 309.114. The notice must include at least the following:

 

a)         Name, address, and telephone number of the Agency;

 

b)         Name and address of each applicant whose application will be considered at the hearing;

 

c)         Name of the waterway to which each applicant's discharge is to be made and a short description of the location of each such discharge on the waterway;

 

d)         A brief reference to the public notice issued for the NPDES application, including identification number (if any) and date of issuance;

 

e)         Information regarding the time and location of the hearing;

 

f)         The purpose of the hearing;

 

g)         A concise statement of the issues to be considered at the hearing;

 

h)         Address and telephone number of premises at which interested persons may obtain further information, request a copy of the draft permit, request a copy of the fact sheet, request a copy of the regulations governing the conduct of the hearing, and inspect and copy NPDES forms and related documents; and

 

i)          A statement that the hearing will be conducted under Sections 309.115 through 309.119.

 

(Source:  Amended at 47 Ill. Reg. 5017, effective March 23, 2023)

 

Section 309.117  Agency Hearing

 

The applicant or any person must be permitted to submit oral or written statements and data concerning the proposed permit or group of permits. The Chair has the authority to fix reasonable limits upon the time allowed for oral statements and may require statements in writing.

 

(Source:  Amended at 47 Ill. Reg. 5017, effective March 23, 2023)

 

Section 309.118  Agency Hearing File

 

a)         Following the public hearing, the Chair must prepare a hearing file, which must include:

 

1)         Copies of statements submitted in writing;

 

2)         A summary of the statements submitted orally;

 

3)         A report of the major issues raised at the hearing;

 

4)         An estimate of the number of persons present; and

 

5)         The Chair’s recommendations concerning actions to be taken on the proposed permit or permits as a result of the hearing.

 

b)         The hearing file must be available upon request to any member of the public and representatives of the U.S. Environmental Protection Agency.

 

(Source:  Amended at 47 Ill. Reg. 5017, effective March 23, 2023)

 

Section 309.119  Agency Action After Hearing

 

Subject to Section 309.120 and after the public hearing the Agency may make appropriate modifications in the terms and conditions of proposed permits and must transmit to the Regional Administrator for approval a copy of the permit proposed to be issued unless the Regional Administrator has waived the right to receive and review permits of its class.  The Agency must provide a notice of this transmission to the applicant, to any person who participates in the public hearing, to any person who requested a public hearing, and to appropriate persons on the mailing list established under Sections 309.109 through 309.112.  The notice must briefly indicate all significant changes made to the draft permit's terms and conditions.  All permits become effective when issued unless a different date is specified in the permit.

 

(Source:  Amended at 47 Ill. Reg. 5017, effective March 23, 2023)

 

Section 309.120  Reopening the Record to Receive Additional Written Comment

 

a)         The Agency must order the public comment period reopened to receive additional written comments when the Agency significantly modifies the draft permit and the final permit is not a logical outgrowth of the proposed draft permit.  In determining if the final permit is a logical outgrowth of the draft permit, the Agency must consider whether any of the following circumstances exist:

 

1)         The interested parties could not have reasonably anticipated the final permit from the draft permit;

 

2)         A new round of notice and comment would provide interested parties the first opportunity to offer comments on the issue; or

 

3)         The provisions in the final permit deviate sharply from the concepts included in the draft permit or suggested by the commenters.

 

b)         The public notice of any comment period extended under this Section must identify the issues for which the public comment period is being reopened.  Comments filed during the reopened period must be limited to the substantial new issues that caused its reopening.

 

c)         For the notification required by subsection (b), the Agency must follow the public notice requirements of Section 309.109.

 

(Source:  Amended at 47 Ill. Reg. 5017, effective March 23, 2023)

 

Section 309.141  Terms and Conditions of NPDES Permits

 

In establishing the terms and conditions of each issued NPDES Permit, the Agency must apply and ensure compliance with all of the following, whenever applicable:

 

a)         Effluent limitations under sections 301 and 302 of the CWA;

 

b)         Standards of performance for new sources under section 306 of the CWA;

 

c)         Effluent standards, effluent prohibitions, and pretreatment standards under section 307 of the CWA;

 

d)         Any more stringent limitations, including those:

 

1)         necessary to meet water quality standards, treatment standards, or schedules of compliance, established under any Illinois statute or regulation (under authority preserved by section 510 of the CWA);

 

2)         necessary to meet any other federal law or regulation; or

 

3)         required to implement any applicable water quality standards, including any legally applicable requirements necessary to implement total maximum daily loads established under section 303(d) of the CWA and incorporated in the continuing planning process approved under section 303(e) of the CWA and any regulations or guidelines issued under that statute;

 

e)         Any more stringent legally applicable requirements necessary to comply with a plan approved under section 208(b) of the CWA;

 

f)         Before the Administrator of the U.S. Environmental Protection Agency promulgates applicable effluent standards and limitations under sections 301, 302, 306, and 307 of the CWA, any conditions that the Agency determines are necessary to carry out the CWA;

 

g)         If the NPDES Permit is for the discharge of pollutants into navigable waters from a vessel or other floating craft (except that an NPDES Permit must not be issued for the discharge of pollutants from a vessel or other floating craft into Lake Michigan), any applicable regulations promulgated by the Secretary of the Department in which the Coast Guard is operating, establishing specifications for safe transportation, handling, carriage, storage and stowage of pollutants; and

 

h)         If the NPDES Permit is for the discharge of pollutants from other than wet weather point sources into the Lake Michigan Basin as defined at 35 Ill. Adm. Code 303.443:

 

1)         Total Maximum Daily Loads (TMDLs) and Waste Load Allocation (WLA) must be established through either the LaMP or a RAP for an Area of Concern.  If a LaMP or RAP has not been completed and adopted, effluent limits must be established consistent with the other provisions of this Section, including Additivity, Intake Pollutants, Loading Limits, Level of Detection/Level of Quantification, and Compliance Schedules.  When calculation of TMDLs or a WLA is incomplete and it is expected that limits established through other provisions will be superseded upon completion of the TMDL or WLA process, those limits must be identified as interim and the permit must include a reopener clause triggered by the completion of a TMDL or WLA determination.  Any new limits brought about through the exercise of the reopener clause must be eligible for delayed compliance dates and compliance schedules consistent with Section 39(b) of the Act [415 ILCS 5/39(b)], Section 309.148, and 35 Ill. Adm. Code 352.Subpart H.

 

2)         35 Ill. Adm. Code 302.590 establishes an acceptable additive risk level of one in 100,000 (10⁵) for establishing Tier I criteria and Tier II values for combinations of substances exhibiting a carcinogenic or another nonthreshold toxic mechanism.  For discharges containing multiple nonthreshold substances, application of this additive standard must be consistent with this subsection (h).

 

A)        For discharges in the Lake Michigan Basin containing one or more 2,3,7,8-substituted chlorinated dibenzo-p-dioxins or 2,3,7,8-substituted dibenzofurans, the tetrachloro dibenzo-p-dioxin 2,3,7,8-TCDD toxicity equivalence concentration (TEC_TCDD) must be determined as outlined in subsection (h)(2)(B).

 

B)        The values listed in the following table must be used to determine the 2,3,7,8-TCDD toxicity equivalence concentrations using the following equation:

 

(TEC)TCDD

=

Σ (C)x (TEF)x (BEF)x

 

WHERE:
(TEC)TCDD	=	2,3,7,8-TCDD toxicity equivalence concentration in effluent
(C)x	=	Concentration of total chemical x in effluent
(TEF)x	=	TCDD toxicity equivalency factor for x
(BEF)x	=	TCDD bioaccumulation equivalency factor for x

 

TABLE
Congener			TEF	BEF
2,3,7,8-TCDD			1.0	1.0
1,2,3,7,8-PeCDD			0.5	0.9
1,2,3,4,7,8-HxCDD			0.1	0.3
1,2,3,6,7,8-HxCDD			0.1	0.1
1,2,3,7,8,9-HxCDD			0.1	0.1
1,2,3,4,6,7,8-HpCDD			0.01	0.0
OCDD			0.001	0.0
2,3,7,8-TCDF			0.1	0.8
1,2,3,7,8-PeCDF			0.05	0.2
2,3,4,7,8-PeCDF		0.5		1.6
1,2,3,4,7,8-HxCDF		0.1		0.0
1,2,3,6,7,8-HxCDF		0.1		0.2
2,3,4,6,7,8-HxCDF		0.1		0.7
1,2,3,7,8,9-HxCDF		0.1		0.6
1,2,3,4,6,7,8-HpCDF		0.01		0.0
1,2,3,4,7,8,9-HpCDF		0.01		0.4
OCDF		0.001		0.0

 

C)        Any combination of carcinogenic or otherwise nonthreshold toxic substances must be assessed on a case-by-case basis.  The Agency must only consider such additivity for chemicals that exhibit the same type of effect and the same mechanism of toxicity, based on available scientific information that supports a reasonable assumption of additive effects.

 

3)         Reasonable Potential to Exceed

 

A)        The first step in determining if a reasonable potential to exceed the water quality standard exists for any particular pollutant parameter is estimating the maximum expected effluent concentration for that substance. That estimation must be completed for both acute and chronic exposure periods and is termed the PEQ.  The PEQ must be derived from representative facility-specific data to reflect a 95 percent confidence level for the 95^th percentile value.  These data must be presumed to adhere to a lognormal distribution pattern unless the actual effluent data demonstrates a different distribution pattern.  If facility-specific data with more than 10 data values are available, the Agency must calculate a coefficient of variation that is the ratio of the standard deviation to the arithmetic average.  The PEQ is derived as the upper bound of a 95% confidence bracket around the 95^th percentile value through a multiplier from the following table applied to the maximum value in the data set that has its quality assured consistent with 35 Ill. Adm. Code 352.410 as appropriate for acute and chronic data sets.

 

PEQ = (maximum data point)(statistical multiplier)

 

Coefficient of Variation
No.	0.1	0.2	0.3	0.4	0.5	0.6	0.7	0.8	0.9	1.0	1.1	1.2	1.3
Samples
1	1.4	1.9	2.6	3.6	4.7	6.2	8.0	10.1	12.6	15.5	18.7	22.3	26.4
2	1.3	1.6	2.0	2.5	3.1	3.8	4.6	5.4	6.4	7.4	8.5	9.7	10.9
3	1.2	1.5	1.8	2.1	2.5	3.0	3.5	4.0	4.6	5.2	5.8	6.5	7.2
4	1.2	1.4	1.7	1.9	2.2	2.6	2.9	3.3	3.7	4.2	4.6	5.0	5.5
5	1.2	1.4	1.6	1.8	2.1	2.3	2.6	2.9	3.2	3.6	3.9	4.2	4.5
6	1.1	1.3	1.5	1.7	1.9	2.1	2.4	2.6	2.9	3.1	3.4	3.7	3.9
7	1.1	1.3	1.4	1.6	1.8	2.0	2.2	2.4	2.6	2.8	3.1	3.3	3.5
8	1.1	1.3	1.4	1.6	1.7	1.9	2.1	2.3	2.4	2.6	2.8	3.0	3.2
9	1.1	1.2	1.4	1.5	1.7	1.8	2.0	2.1	2.3	2.4	2.6	2.8	2.9
10	1.1	1.2	1.3	1.5	1.6	1.7	1.9	2.0	2.2	2.3	2.4	2.6	2.7
11	1.1	1.2	1.3	1.4	1.6	1.7	1.8	1.9	2.1	2.2	2.3	2.4	2.5
12	1.1	1.2	1.3	1.4	1.5	1.6	1.7	1.9	2.0	2.1	2.2	2.3	2.4
13	1.1	1.2	1.3	1.4	1.5	1.6	1.7	1.8	1.9	2.0	2.1	2.2	2.3
14	1.1	1.2	1.3	1.4	1.4	1.5	1.6	1.7	1.8	1.9	2.0	2.1	2.2
15	1.1	1.2	1.2	1.3	1.4	1.5	1.6	1.7	1.8	1.8	1.9	2.0	2.1
16	1.1	1.1	1.2	1.3	1.4	1.5	1.6	1.6	1.7	1.8	1.9	1.9	2.0
17	1.1	1.1	1.2	1.3	1.4	1.4	1.5	1.6	1.7	1.7	1.8	1.9	1.9
18	1.1	1.1	1.2	1.3	1.3	1.4	1.5	1.6	1.6	1.7	1.7	1.8	1.9
19	1.1	1.1	1.2	1.3	1.3	1.4	1.5	1.5	1.6	1.6	1.7	1.8	1.8
20	1.1	1.1	1.2	1.2	1.3	1.4	1.4	1.5	1.5	1.6	1.6	1.7	1.7
30	1.0	1.1	1.1	1.1	1.2	1.2	1.2	1.3	1.3	1.3	1.3	1.4	1.4
40	1.0	1.0	1.1	1.1	1.1	1.1	1.1	1.1	1.2	1.2	1.2	1.2	1.2
50	1.0	1.0	1.0	1.0	1.0	1.0	1.0	1.1	1.1	1.1	1.1	1.1	1.1
60 or	1.0	1.0	1.0	1.0	1.0	1.0	1.0	1.0	1.0	1.0	1.0	1.0	1.0
greater

 

i)          If the PEQ is less than or equal to the water quality standard, there is no reasonable potential and no limit will be established in the permit.

 

ii)         If the PEQ is more than the water quality standard, the Agency must proceed to consider dilution and mixing under subsection (h)(4).

 

B)        If facility-specific data of 10 or fewer data values are available, an alternative PEQ must be derived using the table in subsection (h)(3)(A) assuming a coefficient of variation of 0.6, applied to the maximum value in the data set that has its quality assured consistent with 35 Ill. Adm. Code 352.410.

 

i)          If the PEQ is less than or equal to the water quality standard, there is no reasonable potential and no limit will be established in the permit.

 

ii)         If the PEQ exceeds the water quality standard, an alternative PEQ must be calculated using the maximum value in the data set and a multiplier of 1.4. If the alternative PEQ also exceeds the water quality standard, the Agency must proceed to consider dilution and mixing under subsection (h)(4).

 

iii)        If the PEQ exceeds the water quality standard but the alternative PEQ is less than or equal to the standard, the Agency must either proceed to consider dilution and mixing under subsection (h)(4) or incorporate a monitoring requirement and reopener clause to reassess the potential to exceed within a specified time schedule, not to exceed one year. In determining which of these options to use in any individual application, the Agency must consider the operational and economic impacts on the permittee and the effect, if any, deferral of a final decision would have on an ultimate compliance schedule if a permit limit were subsequently determined to be necessary.

 

C)        The Agency must compare monthly average effluent data values, when available, with chronic aquatic life, human health, and wildlife standards to evaluate the need for monthly average water quality based effluent limitations (WQBELs).  The Agency must use daily effluent data values to determine whether a potential exists to exceed acute aquatic life water quality standards.

 

D)        The Agency may apply other scientifically defensible statistical methods for calculating PEQ for use in the reasonable potential analysis as provided for in Procedure 5.b.2 of appendix F to 40 CFR 132, incorporated by reference at 35 Ill. Adm. Code 301.106.

 

E)        Regardless of the statistical procedure used, if the PEQ for the parameter is less than or equal to the water quality standard for that parameter, the Agency must deem the discharge not to have a reasonable potential to exceed, and a WQBEL must not be required unless otherwise required under 35 Ill. Adm. Code 352.430.

 

4)         If the PEQ for a parameter is greater than the particular water quality standard, criterion, or value for that parameter, the Agency must assess the level of treatment being provided by the discharger.  If the discharger is providing (or will be providing) a level of treatment consistent with the best degree of treatment required by 35 Ill. Adm. Code 304.102(a), the PEQ derived under subsection (h)(3) must be compared to a preliminary effluent limitation (PEL) determined by applying an appropriate mixing zone or a default mixing zone to the discharge.  Mixing opportunity and dilution credit must be considered as follows:

 

A)        Discharges to tributaries of the Lake Michigan Basin must be considered to have no available dilution for either acute or chronic exposures, and the PEL must be set equivalent to the water quality standard unless dilution is documented through a mixing zone study.

 

B)        Bioaccumulative Chemicals of Concern (BCCs)

 

i)          Mixing must not allowed be for new discharges of BCCs commencing on or after December 24, 1997.  The PEL must be set equivalent to the water quality standard.

 

ii)         Mixing must not allowed be for discharges of BCCs that existed as of December 24, 1997 under 35 Ill. Adm. Code 302.530.

 

C)        Direct discharges to the Open Waters of Lake Michigan must have a default mixing allowance of 2:1 for acute standards, criteria, or values and 10:1 for chronic standards, criteria, or values if the discharge configuration indicates that the effluent readily and rapidly mixes with the receiving waters.  If ready and rapid mixing is in doubt, the Agency must deny any default dilution or mixing allowance and require a mixing or dispersion study to determine the proper dilution allowance.  If the discharger applies for more than the default dilution or mixing allowance, it must submit a mixing or dispersion study to justify its request.  Whenever a mixing or dispersion study is available, it must be used to determine dilution or mixing allowance in lieu of the default allowance.

 

5)         Preliminary Effluent Limitations Calculations

 

A)        The preliminary effluent limitation (PEL) is calculated in a simple mass balance approach reflecting the dilution allowance established in subsection (h)(4):

 

WQS

=

[(Qe)(PEL) +(Qd)(Cd)] / [Qe + Qd]

 

or

 

PEL

=

[WQS(Qe + Qd) - (Qd)(Cd)] / Qe

 

WHERE:
WQS	=	applicable water quality standard, criterion, or value
Qe	=	effluent flowrate
Qd	=	allowable dilution flowrate
Cd	=	background pollutant concentration in dilution water

 

B)        The representative background concentration of pollutants to develop TMDLs and WLAs calculated in the absence of a TMDL must be established as follows:

 

i)          "Background" represents all pollutant loadings, specifically loadings that flow from upstream waters into the specified watershed, water body, or water body segment for which a TMDL or WLA in the absence of a TMDL is being developed and enter the specified watershed, water body, or water body segment through atmospheric deposition, chemical reaction, or sediment release or resuspension.

 

ii)         When determining what available data are acceptable for use in calculating background, the Agency must use its best professional judgment, including consideration of the sampling location and the reliability of the data through comparison, in part, to detection and quantification levels.  When data in more than one of the data sets or categories described in subsection (h)(5)(B)(iii) exists, best professional judgment must be used to select the data that most accurately reflects or estimates background concentrations. Pollutant degradation and transport information may be considered when using pollutant loading data to estimate a water column concentration.

 

iii)        The representative background concentration for a pollutant in the specified watershed, water body, or water body segment must be established on a case-by-case basis as the geometric mean of:

 

·          acceptable water column data;

 

·          water column concentrations estimated through the use of acceptable caged or resident fish tissue data; or

 

·          water column concentrations estimated through the use of acceptable or projected pollutant loading data.

 

iv)        When determining the geometric mean of the data for a pollutant that includes values both above and below the detection level, commonly accepted statistical techniques must be used to evaluate the data. If all of the acceptable data in a data set are below the detection level for a pollutant, then all the data for the pollutant in that data set must be assumed to be zero.

 

6)         Water Quality Based Effluent Limitations (WQBELs)

 

A)        If the PEQ is less than or equal to the PEL, it must be concluded that there is no reasonable potential to exceed.  Under these circumstances, a permit limit for that contaminant must not be set unless otherwise justified under one or more provisions of 35 Ill. Adm. Code 352.430.

 

B)        If the PEQ is equal to or greater than the PEL, and the PEQ was calculated using a data set of more than 10 values, a WQBEL must be included in the permit.  If the PEQ was calculated using a data set with 10 or fewer values and the alternative PEQ calculated under subsection (h)(3)(B) also exceeds the PEL, a WQBEL must be included in the permit.

 

C)        If the PEQ was calculated using a data set with 10 or fewer values, and the PEQ is greater than the PEL but the alternative PEQ is less than the PEL, the Agency must either establish a WQBEL in the permit or incorporate a monitoring requirement and reopener clause to reassess potential to exceed within a specified time schedule, not to exceed one year.  In determining which of these options to use in any individual application, the Agency must consider the operational and economic impacts on the permittee and the effect, if any, deferral of a final decision would have on an ultimate compliance schedule if a permit limit were subsequently determined to be necessary.

 

D)        The WQBEL must be set at the PEL unless the PEL is appropriately modified to reflect credit for intake pollutants when the discharged water originates in the same water body to which it is being discharged. Consideration of intake credit must be limited to the provisions of 35 Ill. Adm. Code 352.425.

 

E)        The reasonable potential analysis must be completed separately for acute and chronic aquatic life effects. When WQBELs are based on acute impacts, the limit must be expressed as a daily maximum.  When the WQBEL is based on chronic effects, the limit must be expressed as a monthly average.  Human health and wildlife-based WQBELs must be expressed as monthly averages.  If circumstances warrant, the Agency must consider alternatives to daily and monthly limits.

 

i)          Best management practices (BMPs) to control or abate the discharge of chloride when:

 

1)         Authorized under section 402(p) of the CWA for the control of stormwater discharges;

 

2)         Numeric effluent limitations are infeasible; or

 

3)         BMPs are reasonably necessary to achieve effluent limitations and standards or to carry out the purposes and intent of the CWA.

 

(Source:  Amended at 47 Ill. Reg. 5017, effective March 23, 2023)

 

Section 309.142  Water Quality Standards and Waste Load Allocation

 

If an NPDES Permit includes as conditions the effluent standards and limitations described in Sections 309.141, 309.142, and 309.143, the Agency must determine and verify that the discharge authorized by the permit will not violate applicable water quality standards or a schedule of compliance to achieve applicable water quality standards contained in the NPDES Permit.  If an NPDES Permit applies any more stringent effluent limitation based on applicable water quality standards, a waste load allocation must be prepared to ensure that the discharge authorized by the permit is consistent with applicable water quality standards.

 

(Source:  Amended at 47 Ill. Reg. 5017, effective March 23, 2023)

 

Section 309.143  Effluent Limitations

 

a)         Effluent limitations must control all pollutant or pollutant parameters (conventional, nonconventional, or toxic pollutants) that the Agency determines are, or may be, discharged at a level that will cause, have the reasonable potential to cause, or contribute to an excursion above any State water quality standard, including State narrative criteria for water quality. When determining whether a discharge causes, has the reasonable potential to cause, or contributes to an in-stream excursion above a narrative or numeric criteria within a State water quality standard, the Agency must use procedures that account for existing controls on point and nonpoint sources of pollution, the variability of the pollutant or pollutant parameter in the effluent, the sensitivity of the species to toxicity testing (when evaluating whole effluent toxicity), and, when appropriate, the dilution of the effluent in the receiving water.

 

b)         In the application of effluent standards and limitations, water quality standards, and other applicable requirements, the Agency must, for each permit, specify average and maximum daily quantitative limitations for the level of pollutants in the authorized discharge in terms of weight (except pH, temperature, radiation, and any other pollutants not appropriately expressed by weight, and except for discharges whose constituents cannot be appropriately expressed by weight).  The Agency may, in its discretion, in addition to specifying daily quantitative limitations by weight, specify other limitations, such as average or maximum concentration limits, for the level of pollutants in the authorized discharge.  Effluent limitations for multiproduct operations must provide for appropriate waste variations from such plants.  When a schedule of compliance is included as a condition in a permit, effluent limitations must be included for the interim period as well as for the period following the final compliance date.

 

(Source:  Amended at 47 Ill. Reg. 5017, effective March 23, 2023)

 

Section 309.144  Federal New Source Standards of Performance

 

Regardless of any other provisions of these rules, any point source whose construction began after October 18, 1972, and that is constructed to meet all applicable federal standards of performance as defined in section 306 of the CWA and 35 Ill. Adm. Code 301.400, must not be subject to any more stringent federal standard of performance during:

 

a)         A 10-year period beginning on the date of completion of the construction, or

 

b)         The period of depreciation or amortization of the facility for section 167 or 169 (or both) of the Internal Revenue Code of 1954 (26 U.S.C. 167 and 169), whichever period ends first.

 

(Source:  Amended at 47 Ill. Reg. 5017, effective March 23, 2023)

 

Section 309.145  Duration of Permits

 

All NPDES Permits must be issued for fixed terms not to exceed five years.

 

(Source:  Amended at 47 Ill. Reg. 5017, effective March 23, 2023)

 

Section 309.146  Authority to Establish Recording, Reporting, Monitoring, and Sampling Requirements

 

a)         The Agency must require every holder of an NPDES Permit, as a condition of the NPDES Permit issued to the holder, to:

 

1)         Establish, maintain, and retain records;

 

2)         Make reports adequate to determine the compliance or lack of compliance with all effluent limits and special conditions in the permit;

 

3)         Install, calibrate, use, and maintain monitoring equipment or methods (including, when appropriate, biological monitoring methods);

 

4)         Take samples of effluents (according to the methods, at the locations, at the intervals, and in the manner as may be prescribed); and

 

5)         Provide other information as may reasonably be required.

 

b)         The Agency may require every holder of an NPDES Permit for a publicly owned and publicly regulated treatment works, as a condition of the NPDES Permit, to require industrial users of such a treatment works to:

 

1)         Establish, maintain, and retain records;

 

2)         Make reports;

 

3)         Install, calibrate, use, and maintain monitoring equipment or methods (including, when appropriate, biological monitoring methods);

 

4)         Take samples of effluents (according to the methods, at the locations, at the intervals, and in the manner as may be prescribed); and

 

5)         Provide other information as may reasonably be required.

 

c)         All these requirements must be included as conditions of the NPDES Permit issued to the discharger and must be at least as stringent as those required by applicable federal regulations when these become effective.

 

d)         All permits must specify requirements for properly using, maintaining, and installing, when appropriate, monitoring equipment or methods (including biological monitoring methods, when appropriate), and required monitoring including type, interval, and frequency sufficient to yield data that are representative of the monitored activity including, when appropriate, continuous monitoring.

 

(Source:  Amended at 47 Ill. Reg. 5017, effective March 23, 2023)

 

Section 309.147  Authority to Apply Entry and Inspection Requirements

 

a)         Any holder of an NPDES Permit and any industrial user of a publicly owned or publicly regulated sewage treatment plant must be required, as a condition of the NPDES Permit issued to the holder and in compliance with constitutional limitations, to allow any authorized representative of the Agency, upon presentation of that representative's credentials, to:

 

1)         Enter any premises of a permittee or an industrial user of a publicly owned or publicly regulated treatment works in which an effluent source is located or in which any applicable records are located that are required to be maintained;

 

2)         At reasonable times have access to and copy any records required to be maintained;

 

3)         Inspect any monitoring equipment or method that is required;

 

4)         Have access to and sample any discharge of contaminants to State waters or to publicly owned or publicly regulated treatment works resulting from the activities or operations of the permittee or industrial user; and

 

5)         Inspect, sample, photograph, or otherwise investigate any part of the facilities or equipment of the permit holder or industrial user that the Agency may deem necessary to determine the possibility of a present or future violation of the Act, applicable regulations, or any NPDES Permit conditions.

 

b)         The requirements in subsections (a)(1) through (a)(5) must be in all NPDES Permits as terms and conditions of those permits.

 

(Source:  Amended at 47 Ill. Reg. 5017, effective March 23, 2023)

 

Section 309.148  Schedules of Compliance

 

The Agency must establish schedules of compliance in NPDES Permits in the following manner:

 

a)         For any discharge that is not in compliance with applicable effluent standards and limitations, applicable water quality standards, or other legally applicable requirements, the permittee must be required to take specific steps to achieve compliance in the shortest reasonable period consistent with the guidelines and requirements of CWA and the Act.

 

b)         If the period for compliance specified in subsection (a) exceeds 9 months, the permit must specify a schedule of compliance with interim requirements and the dates for their achievement; more than 9 months must not elapse between interim dates.  If the time necessary for completing any interim requirement is more than 9 months and not readily divisible into stages for completion, the permit must specify interim dates to submit progress reports on completing the interim requirement.  For each NPDES Permit schedule of compliance, interim dates and the final date for compliance must, to the extent practicable, fall on the last day of March, June, September, and December.

 

c)         Not later than 14 days after each interim date and the final date of compliance, the permittee must provide the Agency with written notice of the permittee's compliance or noncompliance with the interim or final requirement.

 

d)         Interim and final compliance dates in NPDES permits must be enforceable without otherwise showing a violation of an effluent limitation or injury to water quality.

 

e)         The Agency may establish schedules of compliance in NPDES permits under applicable federal requirements that may be earlier or later than deadlines established by otherwise applicable Board rules but all schedules of compliance must require compliance at the earliest reasonable date.  Further, the Agency must not issue an NPDES Permit containing a schedule of compliance beyond July 1, 1977, or any other compliance date established by federal law, to any applicant who is not in compliance with or has not obtained a variance, adjusted standard, or time-limited water quality standard from applicable Illinois water pollution rules, or has not been ordered to apply for and obtain all necessary permits in an appropriate Board enforcement action for which the deadline for compliance occurred before October 24, 1977.

 

f)         If an NPDES permit includes a schedule of compliance, the Agency must include in its final determination a statement of the factual basis for such schedule.

 

g)         Schedules of compliance established by the Agency in NPDES Permits must be subject to review by the Board under Sections 309.181 and 309.182.

 

(Source:  Amended at 47 Ill. Reg. 5017, effective March 23, 2023)

 

Section 309.149  Authority to Require Notice of Introduction of Pollutants into Publicly Owned Treatment Works

 

The Agency must include in all NPDES Permits issued to publicly owned or publicly regulated treatment works conditions requiring the permittee to give notice to the Agency of the following:

 

a)         Any new introduction of pollutants into the treatment works from a source that would be a new source as defined in section 306 of the CWA if the source were discharging pollutants directly to the waters of the State;

 

b)         Except for categories and classes of point sources or discharges that may be specified by the Agency, any new introduction of pollutants into the treatment works from a source that would be a point source subject to section 301 of the CWA if it were discharging those pollutants directly to the waters of the State;

 

c)         Any substantial change in volume or character of pollutants being introduced into the treatment works by a source introducing pollutants into the works at the time the permit is issued; and

 

d)         All notices required of publicly owned or publicly regulated treatment works under this section must be in the form and content required by the Agency, and must include information on:

 

1)         The quality and quantity of wastewater to be introduced into such treatment works, and

 

2)         Any anticipated impact of such change in the quantity or quality of effluent to be discharged from the publicly owned or publicly regulated treatment works.

 

(Source:  Amended at 47 Ill. Reg. 5017, effective March 23, 2023)

 

Section 309.150  Authority to Ensure Compliance by Industrial Users with Sections 204(b), 307, and 308 of the Clean Water Act

 

a)         Any NPDES Permit issued to a publicly owned or publicly regulated treatment works must include a condition requiring that the permittee require any industrial user of the treatment works to comply with federal requirements concerning:

 

1)         User charges and recovery of construction costs under section 204(b) of the CWA and applicable regulations in 40 CFR 35;

 

2)         Toxic pollutant effluent standards and pretreatment standards under section 307 of the CWA; and

 

3)         Inspection, monitoring, and entry under section 308 of the CWA.

 

b)         To ensure compliance, the permittee must require each industrial user subject to section 307 of the CWA to comply with this Section.  The permittee must send to the Agency periodic notice (over intervals not to exceed 9 months) of progress toward full compliance with section 307 of the CWA.

 

(Source:  Amended at 47 Ill. Reg. 5017, effective March 23, 2023)

 

Section 309.151  Maintenance and Equipment

 

Any NPDES Permit issued must include as a condition that the permittee must maintain in good working order and operate as efficiently as possible any facilities or systems of control installed by the permittee to achieve compliance with the terms and conditions of the permit.

 

(Source:  Amended at 47 Ill. Reg. 5017, effective March 23, 2023)

 

Section 309.152  Toxic Pollutants

 

Any NPDES Permit issued must include as a condition that if a toxic effluent standard or prohibition (including any schedule of compliance specified in the effluent standard or prohibition) is established under section 307(a) of the CWA for a toxic pollutant present in the permittee's discharge and that standard or prohibition is more stringent than any limitation upon the pollutant in the NPDES Permit, the Agency must revise or modify the permit according to the more stringent standard or prohibition and must notify the permittee.

 

(Source:  Amended at 47 Ill. Reg. 5017, effective March 23, 2023)

 

Section 309.153  Deep Well Disposal of Pollutants (Repealed)

 

(Source:  Repealed at 8 Ill. Reg. 1612, effective January 18, 1984)

 

Section 309.154  Authorization to Construct

 

a)         A person must not cause or allow the construction of any new treatment works, disposal well, or wastewater source for which an NPDES Permit is required or cause or allow the modification of any existing treatment works, disposal well, or wastewater source for which an NPDES Permit is required unless the NPDES Permit contains an authorization to construct as a condition of the permit.

 

b)         Any holder of a valid NPDES Permit who proposes or is required as a condition of the NPDES Permit or of any order of the Board to construct or modify any treatment works, disposal well, wastewater source, or process modification that results in new or increased discharges of pollutants must complete, sign, and submit an NPDES application for the construction or modification, according to the instructions provided with the form, no later than 180 days before the date on which construction or modification is to begin.  A person must not commence construction until the holder of the NPDES Permit receives a modification to the NPDES Permit, or a new NPDES Permit if required, containing an authorization to construct as a condition of the permit.

 

c)         The Agency must not issue any authorization to construct unless the applicant submits adequate proof, including any of the information or documents listed in Section 309.221 that the Agency may require, ensuring that the proposed construction, modification, or operation:

 

1)         Either conforms to the criteria promulgated by the Agency under Section 309.221 or is based on other criteria that the applicant proves will produce consistently satisfactory results; and

 

2)         Will not cause a violation of the conditions of the NPDES Permit.

 

(Source:  Amended at 47 Ill. Reg. 5017, effective March 23, 2023)

 

Section 309.155  Sewage Sludge Disposal

 

In establishing the terms and conditions of each issued NPDES Permit, the Agency must apply and ensure compliance with applicable regulations promulgated under section 405 of the CWA governing the disposal of sewage sludge from treatment works.

 

(Source:  Amended at 47 Ill. Reg. 5017, effective March 23, 2023)

 

Section 309.156  Total Dissolved Solids Reporting and Monitoring

 

The Agency must by permit condition require monitoring and reporting levels of total dissolved solids in effluents unless it finds that this reporting and monitoring are not required to accomplish the purposes of the Act. Monitoring of total dissolved solids levels must be by any reasonably reliable method.

 

(Source:  Amended at 47 Ill. Reg. 5017, effective March 23, 2023)

 

Section 309.157  Permit Limits for Total Metals

 

a)         The NPDES permit limits for metals must be expressed in total metals form even though the water quality standards for metals specified in 35 Ill. Adm. Code 302.208(e), 302.504(a), and 304.105 are in their dissolved form.  The total metals permit limit is determined by multiplying the dissolved metals concentration and the appropriate metals translator.

 

b)         Site-specific metals translators must be determined according to "The Metals Translator: Guidance for Calculating a Total Recoverable Permit Limit from a Dissolved Criterion," incorporated by reference at 35 Ill. Adm. Code 301.106.

 

c)         Except as otherwise specified in subsection (d), the reciprocal of the conversion factor multiplier used for obtaining the dissolved metals standards at 35 Ill. Adm. Code 302.208(e) and 302.504(a) becomes the metals translator and the resulting total metals value becomes the NPDES permit limit.

 

d)         A permittee may request the Agency to calculate a total metals permit limit based on a site-specific metals translator.  Upon review and approval of the information submitted by the permittee, the Agency must calculate a total metals permit limit that is protective of the dissolved metals water quality standard.

 

(Source:  Amended at 47 Ill. Reg. 5017, effective March 23, 2023)

 

Section 309.181  Appeal of Final Agency Action on a Permit Application

 

a)         If any NPDES Permit has been issued or denied by the Agency, any appeal of the issuance or denial of the permit, or of any of its terms or conditions, must be to the Board according to its Procedural Rules.

 

b)         The appeal must be filed within 35 days after final Agency action.

 

(Source:  Amended at 47 Ill. Reg. 5017, effective March 23, 2023)

 

Section 309.182  Authority to Modify, Suspend or Revoke Permits

 

a)         Any person, whether or not a party to or participant at an earlier proceeding before the Agency or the Board, may file a complaint for modification, suspension, or revocation of an NPDES Permit in accordance with this Section and 35 Ill. Adm. Code 103.

 

b)         The Board, after complaint and hearing according to the Act and its Procedural Rules, may modify, suspend, or revoke any NPDES permit in whole or in part in any manner consistent with the Act, applicable Board rules, and federal requirements upon proof of cause, including the following:

 

1)         Violation of any terms or conditions of the permit (including schedules of compliance and conditions concerning monitoring, entry, and inspection);

 

2)         Obtaining a permit by misrepresentation or failure to disclose fully all relevant facts; or

 

3)         A change in any circumstance that mandates either a temporary or permanent reduction or elimination of the permitted discharge.

 

c)         The provisions of this Section must be included as terms and conditions of each issued NPDES Permit.

 

(Source:  Amended at 47 Ill. Reg. 5017, effective March 23, 2023)

 

Section 309.183  Revision of Schedule of Compliance

 

a)         The Agency may, upon request of the applicant, revise or modify a schedule of compliance in an issued NPDES Permit if it determines a good and valid cause (such as an Act of God, strike, flood, materials shortage, or another event over which the permittee has little or no control) exists for the revision and if, within 30 days following receipt of notice from the Agency, the Regional Administrator of the U.S. Environmental Protection Agency does not object in writing.

 

b)         Under subsection (a), the Agency must not extend a final compliance date more than a total of 90 days as originally contained in the permit.

 

(Source:  Amended at 47 Ill. Reg. 5017, effective March 23, 2023)

 

Section 309.184  Regulatory Relief

 

To the extent authorized by the CWA and the Act, the Board may grant variances, adjusted standards, or time limited water quality standards from standards, limitations, and requirements imposed by these NPDES rules.  If the Board grants a variance, adjusted standard, or time-limited water quality standard, the Board must order the Agency to issue or modify an NPDES Permit consistent with the Board Order, the CWA, federal NPDES regulations, and the Act.

 

(Source:  Amended at 47 Ill. Reg. 5017, effective March 23, 2023)

 

Section 309.185  Public Access to Information (Repealed)

 

(Source:  Repealed at 47 Ill. Reg. 5017, effective March 23, 2023)

 

Section 309.191  Effective Date (Repealed)

 

(Source:  Repealed at 47 Ill. Reg. 5017, effective March 23, 2023)

SUBPART B: OTHER PERMITS

 

Section 309.201  Preamble

 

a)         This Subpart B establishes basic rules for issuing permits to construct, modify, and operate treatment works, pretreatment works, sewers, wastewater sources, and other discharges that are not required to have NPDES Permits.

 

b)         The following discharges are exempt from the operating permit requirement of this Subpart. However, they may be subject to the construction permit requirement:

 

1)         discharges for which a pretreatment permit has been issued by the Agency under 35 Ill. Adm. Code 310;

 

2)         discharges for which a pretreatment permit has been issued by USEPA under the federal Clean Water Act; or

 

3)         discharges for which an authorization has been issued by a publicly owned treatment works (POTW) with a pretreatment program approved by the Agency under 35 Ill. Adm. Code 310 or approved by USEPA under federal law.

 

(Source:  Amended at 47 Ill. Reg. 5017, effective March 23, 2023)

 

Section 309.202  Construction Permits

 

Except for treatment works or wastewater sources that have or will have discharges for which NPDES Permits are required, and for which NPDES Permits have been issued by the Agency:

 

a)         A person must not cause or allow the construction of any new treatment works, sewer or wastewater source or cause or allow the modification of any existing treatment works, sewer, or wastewater source without a construction permit issued by the Agency, except as provided in subsections (c) and (d).

 

b)         For groundwater remediation systems, with or without pretreatment, a permit is required for the construction of:

 

1)         a new sewer to a publicly owned or publicly regulated sanitary or combined sewer; or

 

2)         a wastewater source that discharges to a publicly owned or publicly regulated sanitary or combined sewer.

 

c)         Construction permits are not required for the following:

 

1)         storm sewers that transport only land runoff;

 

2)         any treatment works, sewer, or wastewater source designed and intended to serve a single building and eventually treat or discharge less than an average of 1500 gallons per day (5700 L/day) of domestic sewage and that will discharge, if at all, directly to a publicly owned or publicly regulated sanitary or combined sewer;

 

3)         any sewer required by statute to secure a permit under Section 3 of the Mobile Home Park Act [210 ILCS 115];

 

4)         any treatment works, pretreatment works, sewer, or wastewater source that, on March 7, 1972, is being constructed or will be constructed under the authorization of a permit already issued by the Agency or its predecessors; however, all construction must be completed within four years after March 7, 1972;

 

5)         privately owned sewers tributary to industrial treatment works owned by the same person if the additional waste load does not exceed the permitted design capacity of the industrial treatment works; or

 

6)         cooling towers, oil/water separators, pH adjustment facilities without additional pretreatment, groundwater remediation system pretreatment, reverse osmosis treatment for industrial source water, multi-media filtration for industrial source water, disposable cartridge type (or similar) filtration systems, ion-exchange systems for industrial source waters, and all associated pipes, pumps, and appurtenances necessary for the installation and operation of these permit-exempt treatment systems.

 

d)         A person must not cause or allow the construction of any pretreatment works or cause or allow the modification of any existing pretreatment works without a construction permit issued by the Agency, unless exempt under Section 309.202(c) if those pretreatment works, after construction or modification, will:

 

1)         discharge toxic pollutants, as defined in section 502(13) of the CWA, or pollutants that may interfere with the treatment process into the receiving treatment works or be subject to regulations promulgated under section 307 of the CWA; or

 

2)         discharge 15% or more of the total hydraulic flow received by the treatment works; or

 

3)         discharge 15% or more of the total biological loading received by the treatment works as measured by the 5-day biochemical oxygen demand.

 

(Source:  Amended at 47 Ill. Reg. 5017, effective March 23, 2023)

 

Section 309.203  Operating Permits; New or Modified Sources

 

a)         A person must not cause or allow the use or operation of any treatment works, sewer, pretreatment works, or wastewater source for which a construction permit is required under Section 309.202 without an operating permit issued by the Agency, except as may be authorized by the construction permit.

 

b)         No operating permit is required under this Section for any discharge:

 

1)         for which an NPDES permit is required;

 

2)         for which a pretreatment permit has been issued by the Agency, under 35 Ill. Adm. Code 310;

 

3)         for which a pretreatment permit has been issued by USEPA under federal law; or

 

4)         for which an authorization to discharge has been issued by a POTW with a pretreatment program approved by the Agency under 35 Ill. Adm. Code 310 or approved by USEPA under federal law.

 

(Source:  Amended at 47 Ill. Reg. 5017, effective March 23, 2023)

 

Section 309.204  Operating Permits; Existing Sources

 

a)         A person must not cause or allow the use or operation of any treatment works, pretreatment works, or wastewater source without an operating permit issued by the Agency, except as provided in subsections (b), (c), and (d).

 

b)         No operating permit is required under this Section for any discharge:

 

1)         for which an NPDES permit is required;

 

2)         for which a pretreatment permit has been issued by the Agency under 35 Ill. Adm. Code 310;

 

3)         for which a pretreatment permit has been issued by USEPA under federal law; or

 

4)         for which an authorization to discharge has been issued by a POTW with a pretreatment program approved by the Agency, under 35 Ill. Adm. Code 310, or approved by USEPA under federal law.

 

c)         Operating permits are not required for treatment works and wastewater sources that are designed and intended to serve a single building and eventually treat or discharge less than an average of 1500 gallons per day (5700 L/day) of domestic sewage and that will discharge, if at all, directly to a publicly owned or publicly regulated sanitary or combined sewer.

 

d)         Operating permits are not required for those pretreatment works or wastewater sources discharging to a sewer tributary to a treatment works, or directly to a treatment works, that will not:

 

1)         discharge toxic pollutants, as defined in section 502(13) of the CWA, or pollutants that may interfere with the treatment process into the receiving treatment works or be subject to regulations promulgated under section 307 of the CWA;

 

2)         discharge 15% or more of the total hydraulic flow received by the treatment works; or

 

3)         discharge 15% or more of the total biological loading received by the treatment works as measured by the 5-day biochemical oxygen demand.

 

(Source:  Amended at 47 Ill. Reg. 5017, effective March 23, 2023)

 

Section 309.205  Joint Construction and Operating Permits

 

If the Agency determines that a proposed treatment works, pretreatment works, sewer, or wastewater source is sufficiently standard to obviate the need for separate construction and operating permits, the Agency may issue a joint construction and operating permit.

 

(Source:  Amended at 47 Ill. Reg. 5017, effective March 23, 2023)

 

Section 309.206  Experimental Permits

 

a)         To promote developing water pollution control technology, the Agency may issue experimental permits for treatment processes or techniques that do not satisfy the standards for issuance in Section 309.241 if the applicant submits clear, cogent, and convincing proof that the process or technique has a reasonable and substantial chance for success.

 

b)         The existence of a valid experimental permit constitutes a prima facie defense to any action brought against the permittee for a violation of this Chapter, but only to the extent that such action is based on the failure of the process or techniques, during the period of validity of the permit, to meet the effluent limitations of water quality standards of this Chapter.

 

c)         An experimental permit may not be issued instead of an NPDES Permit when an NPDES Permit is required.

 

(Source:  Amended at 47 Ill. Reg. 5017, effective March 23, 2023)

 

Section 309.207  Former Permits (Repealed)

 

(Source:  Repealed at 8 Ill. Reg. 1612, effective January 18, 1984)

 

Section 309.208  Permits for Sites Receiving Sludge for Land Application

 

a)         A construction and an operating permit are required under this Chapter for any site receiving sludge for land application unless:

 

1)         The site receives only livestock wastes; or

 

2)         The site receives only septic tank sludges generated from domestic sources; or

 

3)         The site is regulated under the Board's rules; or

 

4)         The site is specifically identified in an approved sludge management scheme of an operating or NPDES permit issued by the Agency and receives sludge exclusively from the permittee; or

 

5)         All of the following conditions are satisfied:

 

A)        The site is not specifically identified in an NPDES or operating permit of any treatment works or pretreatment works but receives sludge from a treatment works or pretreatment works that has either a valid operating permit issued by the Agency or an NPDES Permit with a sludge management scheme approved by the Agency.  The sludge generator must inform the user that this requirement has been met; and

 

B)        The sludge user applies the sludge to less than 121 hectares (300 acres) under common ownership or control in any year; and

 

C)        The sludge is transported, stored and applied by the user in compliance with the approved sludge management scheme of the generator from which the user receives the sludge.  Any person who intends to transport, store or apply sludge in any manner other than that described in the approved sludge management scheme must apply for a permit.

 

b)         Regardless of subsections (a)(1) through (5), the Agency may require a user receiving sludge for land application to obtain a permit under this Section when the Agency determines that special circumstances require a permit to protect the environment or the public health.  In making its determination, the Agency must consider the following factors:

 

1)         Where the sludge will be stored;

 

2)         The proposed rate and method of application of the sludge to the receiving site;

 

3)         The quality (constituents and concentrations) of the sludge to be applied to the receiving site; and,

 

4)         The geological and hydrological characteristics of the receiving site, including proximity to waters of the State.

 

c)         No permit may be required under subsection (b) for a user receiving sludge for land application unless the owner or operator is notified in writing of the requirement to apply for a permit.  That notification must include a statement of the special circumstances requiring the site to be permitted.  The requirement of a permit is reviewable only in a permit appeal proceeding.

 

d)         Generators and haulers of municipal water or wastewater treatment plant sludge, which is to be applied to land and which is regulated under this Chapter, need not obtain a special waste hauling permit or prepare, carry and complete a manifest under 35 Ill. Adm. Code 706.

 

e)         The Agency may establish and revise criteria according to Section 309.262 for designing, operating, and maintaining facilities regulated under this Section.

 

f)         For purposes of permit issuance and approval of a sludge management scheme, proof of conformity with Agency criteria is prima facie evidence of no violation of the Act or this Chapter.  However, nonconformity with Agency criteria is not grounds for denying a permit or disapproving a sludge management scheme if the applicant submits adequate information showing that the way the sludge will be stored, transported, and applied will not cause a violation of the Act or this Chapter.

 

(Source:  Amended at 47 Ill. Reg. 5017, effective March 23, 2023)

 

Section 309.221  Applications -- Contents

 

a)         All applications for any permit required under Subpart B must contain, when appropriate, the following information and documents:

 

1)         A complete description of the volume and nature of the wastewater influent and effluent to be transported, treated or discharged, including a statement concerning the presence or absence of all contaminants for which effluent or water quality standards are set by this chapter; and

 

2)         A description of the present condition of the receiving body of water and the effect of the wastewater on such receiving body of water; and

 

3)         A statement of any projected changes in the volume or nature of the wastewater that the applicant desires to have included within the terms of the permit; and

 

4)         A description of the geographic location of the facility or source, and its interrelation with any existing or proposed treatment works, sewer, or wastewater source that will transport, treat, or discharge the same wastewater; and

 

5)         Plans and specifications, prepared by an Illinois Registered Professional Engineer when required by the Professional Engineering Practice Act of 1989 [225 ILCS 325], fully describing the design, nature, function, and interrelationship of each individual component of the facility or source, except that the Agency may waive this requirement for plans and specifications when the application is for a routine renewal; and

 

6)         A statement identifying and justifying any departure from current design criteria promulgated by the Agency.

 

b)         The Agency may adopt procedures requiring additional information as necessary to determine whether the treatment works, pretreatment works, sewer, or wastewater source will meet the requirements of the Act and this Part.

 

c)         The Agency may prescribe the form in which all information required under this Section must be submitted.

 

(Source:  Amended at 47 Ill. Reg. 5017, effective March 23, 2023)

 

Section 309.222  Applications – Signatures and Authorizations

 

a)         An application submitted by a corporation must be signed by a principal executive officer of at least the level of vice president, or a duly authorized representative who is responsible for the overall operation of the facility from which the discharge described in the application form originates.  For a partnership or a sole proprietorship, the application must be signed by a general partner or the proprietor respectively.  For a publicly owned facility, the application must be signed by a principal executive officer, ranking elected official, or another duly authorized employee.

 

b)         Permit applications for sewer construction or modification must be accompanied by signed statements from the owners of all intermediate receiving sewers and the receiving treatment works certifying that their facilities have adequate capacity to transport, treat, or transport and treat, as applicable, the wastewater that will be added through the proposed sewer without violating any provisions of the Act and this Chapter.

 

(Source:  Amended at 47 Ill. Reg. 5017, effective March 23, 2023)

 

Section 309.223  Applications – Delivery

 

All permit applications must be mailed or delivered to the appropriate address designated by the Agency.

 

(Source:  Amended at 47 Ill. Reg. 5017, effective March 23, 2023)

 

Section 309.224  Applications – Time to Apply

 

Any person required under Subpart B to have a permit must apply with the Agency at least 90 days before the date on which the permit is required.

 

(Source:  Amended at 47 Ill. Reg. 5017, effective March 23, 2023)

 

Section 309.225  Applications – Filing and Final Action By Agency

 

a)         An application for a permit under Subpart B is not deemed to be filed until the Agency has received, at the designated address, all information, documents, and authorizations in the form and with the content required by Sections 309.221, 309.222, and 309.223 and related Agency procedures; however, if the Agency fails to notify the applicant within 30 days after the filing of a purported application that the application is incomplete and the reason the Agency deems it incomplete, the application must be deemed to have been filed on the date of the purported filing. The applicant may treat the Agency's notification that an application is incomplete as a denial of the application for purposes of review.

 

b)         If the Agency fails to take final action, by granting or denying the permit as requested or with conditions, within 90 days after the filing of the application, the applicant may deem the permit granted for a one-year period starting on the 91st day after the application under Subpart B was filed.

 

c)         Any applicant for a permit under Subpart B may waive the requirement that the Agency must take final action within 90 days after the filing of the application.

 

d)         The Agency must send written notice of final action taken.

 

e)         The Agency is deemed to have taken final action on the date that the notice is mailed.

 

(Source:  Amended at 47 Ill. Reg. 5017, effective March 23, 2023)

 

Section 309.241  Standards for Issuance

 

a)         The Agency must not grant any permit required by this Subpart B, except an experimental permit under Section 309.206, unless the applicant submits adequate proof that the treatment works, pretreatment works, sewer, or wastewater source will be constructed, modified, or operated so as not to cause a violation of the Act or this Subtitle.

 

b)         If the Agency has promulgated criteria under Section 309.262 concerning any part or condition of a permit, then for purposes of permit issuance, proof of conformity with the criteria is prima facie evidence of no violation.  However, non-conformity with the criteria is not grounds to deny the permit application if the applicant meets the condition of subsection (a).

 

(Source:  Amended at 47 Ill. Reg. 5017, effective March 23, 2023)

 

Section 309.242  Duration and Termination of Permits Issued Under Subpart B

 

a)         Construction permits for sewers and wastewater sources must require that construction be completed within two years.  Construction permits for treatment works and pretreatment works must require that construction be completed within three years.  In situations in which the magnitude and complexity of the project require it, the Agency may issue a construction permit, requiring completion within a period not to exceed five years.

 

b)         Except under subsection (c), an operating permit must not have a duration in excess of five years.  The Agency may issue operating permits for as short a period as may be necessary to facilitate basin planning, coordinate operating permits with future compliance deadlines, maintain intensive control over new or experimental processes, and provide for emergency situations.

 

c)         The Agency may issue operating permits under Section 309.203 for sewers, wastewater sources, and pretreatment works for the lifetime of the sewer or the pretreatment works.

 

d)         Regardless of subsections (b) and (c), any operating permit subject to this Subpart must expire when the Agency issues a modified or renewed permit.

 

e)         A permittee may request termination of a permit by submitting the request in writing to the Agency in a format prescribed by the Agency.  The Agency must send written confirmation of the termination to the permittee by certified or registered mail.  Termination is effective on the date of written confirmation from the Agency.

 

f)         A permit may be terminated by the Agency upon a determination that a facility no longer operates or exists.  The Agency must send written notice by certified or registered mail to the last known address on the permit stating that the permitted system appears no longer in operation or existence.  The permit must terminate 60 days after the date of notification unless the permittee requests that the permit stay in effect.

 

(Source:  Amended at 47 Ill. Reg. 5017, effective March 23, 2023)

 

Section 309.243  Conditions

 

In addition to specific conditions authorized under this Subpart B, the Agency may impose such conditions in any permit issued pursuant to this Subpart B as may be necessary to accomplish the purposes of the Act, or this Chapter, or the CWA, provided such conditions are not inconsistent with this Chapter.

 

Section 309.244  Appeals from Conditions in Permits

 

An applicant may consider any condition imposed by the Agency in a permit issued under Subpart B as a refusal by the Agency to grant the permit, which entitles the applicant to appeal the Agency's decision to the Board under Section 40 of the Act.

 

(Source:  Amended at 47 Ill. Reg. 5017, effective March 23, 2023)

 

Section 309.261  Permit No Defense

 

Except as provided in Section 309.206, the issuance and possession of a permit under this Subpart B does not constitute a defense to a violation of the Act or this Chapter, except for construction or operation without a permit.

 

(Source:  Amended at 47 Ill. Reg. 5017, effective March 23, 2023)

 

Section 309.262  Design, Operation, and Maintenance Criteria

 

a)         The Agency may adopt criteria for the design, operation, and maintenance of treatment works, pretreatment works, sewers, and wastewater sources.  These criteria may be revised periodically to reflect current engineering judgment and advances in the state of the art.

 

BOARD NOTE:  The Agency has adopted "Design Criteria for Pressure Sewage Systems" (35 Ill. Adm. Code 374), "Illinois Recommended Standards for Sewage Works" (35 Ill. Adm. Code 370), and "Requirements for Plans of Operation and Operation and Maintenance Manuals" (35 Ill. Adm. Code 371).

 

b)         The Agency must adopt such procedures as are necessary to issue permits under this Subpart.

 

(Source:  Amended at 47 Ill. Reg. 5017, effective March 23, 2023)

 

Section 309.263  Modification or Renewal of Permits

 

a)         Any permit issued by the Agency under Subpart B may be modified or renewed to make its provisions compatible with any new regulation adopted by the Board.

 

b)         Persons with operating permits for pretreatment works subject to this Subpart must obtain a modified permit before any of the following changes at the facility:

 

1)         a modification of permitted wastewater characteristics, quantity, or quality;

 

2)         a change in facility ownership, name, or address so that the application or existing permit is no longer accurate; or

 

3)         a change in operations that will result in the permittee's noncompliance with the Act, a Board rule, or an existing permit condition.

 

c)         The Agency may require modifying or renewing any operating permit subject to this Subpart for reasons including:

 

1)         a change in the requirements applicable to the permittee;

 

2)         the information on the permittee's application is inaccurate; or

 

3)         information that the permittee may not be in compliance with the Act, a Board rule, or an existing permit condition.

 

(Source:  Amended at 47 Ill. Reg. 5017, effective March 23, 2023)

 

Section 309.264  Permit Revocation

 

a)         A permit issued under Subpart B may be revoked for cause, which includes the following:

 

1)         Cause as set forth in Section 309.182(b); or

 

2)         Delinquency in payment of any charges that may be required to be paid under section 204(b) of the Clean Water Act.

 

b)         Revocation may be sought by filing a complaint with the Board under its procedural rules in 35 Ill. Adm. Code 103.

 

(Source:  Amended at 47 Ill. Reg. 5017, effective March 23, 2023)

 

Section 309.265  Approval of Federal Permits

 

The Agency must not approve any effluent discharge for the purpose of any federal permit (other than an NPDES Permit issued by the Administrator), unless the discharge complies with all provisions of the Act and this Chapter, has been granted a variance, adjusted standard, or time-limited water quality standard under the Act, or complies with all terms and conditions of an NPDES Permit.

 

(Source:  Amended at 47 Ill. Reg. 5017, effective March 23, 2023)

 

Section 309.266  Procedures (Repealed)

 

(Source:  Repealed at 47 Ill. Reg. 5017, effective March 23, 2023)

 

Section 309.281  Effective Date (Repealed)

 

(Source:  Repealed at 47 Ill. Reg. 5017, effective March 23, 2023)

 

Section 309.282  Severability (Repealed)

 

(Source:  Repealed at 47 Ill. Reg. 5017, effective March 23, 2023)




Section 309.APPENDIX A   REFERENCES TO PREVIOUS RULES (Repealed)

 

(Source:  Repealed at 47 Ill. Reg. 5017, effective March 23, 2023)