ILLINOIS POLLUTION CONTROL BOARD
November 21,
1991
IN THE MATTER OF:
)
R91—5
PRETREATMENT UPDATE
)
(Identical
in Substance Rules)
(6/29/90
—
12/31/90)
)
PROPOSAL
FOR PUBLIC~COMMENT.
ORDER OF THE BOARD
(by J.C. Marlin):
The Board proposed amendments to the Illinois pretreatment
regulations pursuant to Section
13.3 of the Environmental
Protection Act
(Act),
Ill.
Rev.
Stat.
ch.
111½,
par.
1013.3.
Section 13.3 of the Act requires the Board to adopt
regulations which are “identical in substance” with the federal
regulations promulgated by the United States Environmental
Protection Agency
(USEPA)
to implement the pretreatment
requirement of Sections 307 and 402 of the Clean Water Act,
previously known as the Federal Water Pollution Control Act.
Section 13.3 provides that Title VII of the Act and Sections
5
and 6.02 of the Administrative Procedure act
(APA)
do not apply
to identical
in substance regulations adopted for the
pretreatment program.
However, Section 13.3 of the Act does
require the Board to provide for notice and public comment before
rules are filed with the Secretary of State.
This rulemaking
updates the
Illinois pretreatment rules to correspond with
federal amendments which appeared at 55 Fed. Reg.
26692, June 29,
1990;
55
Fed.
Reg.
30128, July 24,
1990;
55
Fed. Reg.
31697,
August
3,
1990; and 55 Fed. Reg.
36932, September
7,
1990.
This Proposed Order is supported by a Proposed Opinion
adopted this same day.
The complete text of the adopted rules
follows.
IT IS SO ORDERED.
I,
Dorothy M. Gunn,
Clerk of the Illinois Pollution Control
Board, do hereby certify that the above Order was adopted on the
:~)//~1
day of
7/
7
t~4~’,1991,
by a vote of
~
Dorothy
Illinoi.
Control
Board
127—32 1
2
TITLE 35:
ENVIRONMENTAL PROTECTION
SUBTITLE C:
WATER POLLUTION
CHAPTER
I:
POLLUTION CONTROL BOARD
PART 307
SEWER DISCHARGE CRITERIA
Section
307.101
307.
102
307.
103
307.
104
307.
105
307.1001
307.1002
307.1003
307.1005
SUBPART A:
GENERAL PROVISIONS
Preamble (Renumbered)
General Requirements
(Renumbered)
Mercury
(Renumbered)
Cyanide
(STORET number 00720)
(Renumbered)
Pretreatment Requirements
(Repealed)
Preamble
Definitions
Test Procedures for Measurement
Toxic Pollutants
SUBPART B:
GENERAL AND SPECIFIC PRETREATMENT REQUIREMENTS
General and Specific Requirements
Mercury
Cyanide
SUBPART
F:
DAIRY PRODUCTS PROCESSING
Receiving Stations
Fluid Products
Cultured Products
Butter
Cottage Cheese and Cultured Cream Cheese
Natural and Processed Cheese
Fluid Mix for Ice Cream and other Frozen Desserts
Ice Cream,
Frozen Desserts, Novelties and Other Dairy
Desserts
Condensed
Milk
Dry Milk
Condensed Whey
Dry Whey
Section
307. 1101
307. 1102
307.
1103
Section
307.1501
307.1502
307. 1503
307. 1504
307.1505
307.1506
307.1507
307.1508
307. 1509
307
.
1510
307.1511
307.1512
Section
307.1601
307.1602
307.1603
307.
1604
307.
1605
307.1606
307.
1607
307.
1608
307.1609
SUBPART
G:
GRAIN MILLS
Corn Wet Milling
Corn Dry Milling
Normal Wheat Flour Milling
Bulgur Wheat Flour Milling
Normal Rice Milling
Parboiled Rice Milling
Animal Feed
Hot Cereal
Ready-to-eat
Cereal
12 7—322
3
307.1610
Wheat Starch and Gluten
SUBPART H:
CANNED AND PRESERVED FRUITS AND VEGETABLES
Section
307.1700
307.1701
307.1702
307.1703
307.1704
307.1705
307. 1706k
307.1707
307. 1708
Section
307.1801
307. 1815
Section
307. 1901
307.1902
307.1903
Section
307.2000
307.2001
307.2002
307.2003
307.2004
307.2005
307.2006
307.2007
307.2008
307.2009
Section
307.2101
307.2102
307. 2103
Section
307.2201
307.2202
General Provisions
Apple Juice
Apple Products
Citrus Products
Frozen Potato Products
Dehydrated Potato Products
Canned and Preserved Fruits
Canned and Preserved Vegetables
Canned and Miscellaneous Specialties
SUBPART I:
CANNED AND PRESERVED SEAFOOD
Farm-raised Catfish
Fish Meal Processing Subcategory
SUBPART J:
SUGAR PROCESSING
Beet Sugar Processing
Crystalline Cane Sugar Refining
Liquid Cane Sugar Refining
SUBPART K:
TEXTILE MILLS
General Provisions
Wool Scouring
Wool Finishing
Low Water Use Processing
Woven Fabric Finishing
Knit Fabric Finishing
Carpet Finishing
Stock and Yarn Finishing
Nonwoven Manufacturing
Felted Fabric Processing
SUBPART
L:
CEMENT
MANUFACTURING
Nonleaching
Leaching
Materials Storage Piles Runoff
General
Ducks
SUBPART M:
FEEDLOTS
Section
307.2300
SUBPART N:
ELECTROPLATING
General Provisions
127—323
4
307.2301
Electroplating of Common Metals
307.2302
Electroplating of Precious Metals
307.2304
307.2305
307.2306
307.2307
307.2308
SUBPART 0:
ORGANIC CHEMICALS,
PLASTICS AND SYNTHETIC FIBERS
General Provisions
Rayon Fibers
Other Fibers
Thermoplastic Resins
Thermosetting Resins
Commodity Organic Chemicals
Bulk Organic Chemicals
Specialty Organic Chemicals
Non-complexed Metal-bearing and Cyanide-bearing
Wastestreams
Complexed Metal—bearing Wastestreams
SUBPART P:
INORGANIC CHEMICALS MANUFACTURING
General Provisions
Aluminum Chloride Production
Aluminum Sulfate Production
Calcium Carbide Production
Calcium Chloride Production
Calcium Oxide Production
Chlor-alkali Process
(Chlorine and Sodium or Potassium
Hydroxide Production)
Hydrofluoric Acid Production
Hydrogen Peroxide Production
Potassium Metal Production
Potassium Dichromate Production
Potassium Sulfate Production
Sodium Bicarbonate Production
Sodium Chloride Production
Sodium Dichromate and Sodium Sulfate Production
Sodium Sulfite Production
Titanium Dioxide Production
Aluminum Fluoride Production
Ammonium Chloride Production
Borax Production
Boric Acid Production
Bromine Production
Calcium Carbonate Production
Calcium Hydroxide Production
Carbon Monoxide and Byproduct Hydrogen Production
Chrome Pigments Production
Chromic Acid Production
Anodizing
Coatings
Chemical Etching and Milling
Electroless Plating
Printed Circuit Boards
Section
307.2400’
307.2401
307.2402
307.2403
307.2404
307.2405
307.2406
307.2407
307.2490
307.2491
Section
307.2500
307.2501
307.2502
307.2503
307.2504
307.2505
307.2506
307.2508
307.2509
307.2511
307.2512
307.2513
307.2514
307.2516
307.2517
307.2520
307.2522
307.2523
307.2524
307.2527
307.2528
307.2529
307.2530
307.2531
307.2533
307.2534
307. 2535
12 7—324
5
307.2536
307.2538
307.2540
307.2541
307.2542
307.2543
307.2544
307.2545
307.2547
307.2549
307.2550
307.2551
307.2553
307.2554
307.2555
307.2560
307.2563
307.2564
307.2565
307.2566
307.2567
Section
307.2701
307.2702
307.2703
307.2704
307.2705
307.2706
307.2707
307.2708
307.2709
307.2710
307.2711
307
.
2712
307. 2713
307.2714
307.2715
307.2716
307.2717
307.2718
307.2719
Section
307.2801
307.2802
307.2803
307.2804
307.2805
Copper Salts Production
Ferric Chloride Production
Fluorine Production
Hydrogen Production
Hydrogen Cyanide Production
Iodine Production
Lead Monoxide Production
Lithium Carbonate Production
Nickel Salts Production
Oxygen and Nitrogen Production
Potassium Chloride Production
Potassium Iodide Production
Silver Nitrate Production
Sodium Bisulfite Production
Sodium Fluoride Production
Stannic Oxide Production
Zinc Sulfate Production
Cadmium Pigments and Salts Production
Cobalt Salts Production
Sodium Chlorate Production
Zinc Chloride Production
SUBPART R:
SOAP AND DETERGENTS
Soap Manufacturing by Batch Kettle
Fatty Acid Manufacturing by Fat Splitting
Soap Manufacturing by Fatty Acid Neutralization
Glycerine Concentration
Glycerine Distillation
Manufacture of Soap Flakes and Powders
Manufacture of Bar Soaps
Manufacture of Liquid Soaps
Oleum Sulfonation and Sulfation
Air—Sulfur Trioxide Sulfation and Sulfonation
Sulfur Trioxide Solvent and Vacuum Sulfonation
Sulfamic Acid Sulfation
Chlorosulfonic Acid Sulfation
Neutralization of Sulfuric Acid Esters and Sulfonic
Acids
Manufacture of Spray Dried Detergents
Manufacture of Liquid Detergents
Manufacturing of Detergents by Dry B1endiri~g
Manufacture of Drum Dried Detergents
Manufacture of Detergent Bars and Cakes
SUBPART
S:
FERTILIZER MANUFACTURING
Phosphate
Ammonia
Urea
Aimnonium Nitrate
Nitric Acid
127—325
6
307.2806
307.2807
Section
307.2901
307.2902
307.2903
307.2904
307.2905
Section
307.3000
307.
3001
307.3002
307.3003
307.3004
307.3005
307.3006
307.3007
307.3008
307.3009
307.3010
307.3011
307.3012
Section
307.3100
307.3101
307.3102
307.3103
307.3104
307. 3105
307.3106
307.3107
307. 3108
307. 3109
307.3110
307.
3111
307.
3112
307.
3113
307.3114
307.
3115
307.
3116
307.
3117
307.3118
307.3119
307.3120
307.
3121
307.3122
Ammonium Sulfate Production
Mixed and Blend Fertilizer Production
SUBPART T:
PETROLEUM REFINING
Topping
Cracking
Petrochemical
Lube
Integrated
SUBPART U:
IRON AND STEEL MANUFACTURING
General Provisions
Cokemaking
Sintering
Ironmaking
Steelmaking
Vacuum Degassing
Continuous Casting
Hot Forming
Salt Bath Descaling
Acid Pickling
Cold Forming
Alkaline Cleaning
Hot Coating
SUBPART V:
NONFERROUS METALS MANUFACTURING
General Provisions
Bauxite Refining
Primary Aluminum Smelting
Secondary Aluminum Smelting
Primary Copper Smelting
Primary Electrolytic Copper Refining
Secondary Copper
Primary Lead
Primary Zinc
Metallurgical Acid Plants
Primary Tungsten
Primary Columbium—Tantalum
Secondary Silver
Secondary Lead
Primary Antimony
Primary Beryllium
Primary and Secondary Germanium and Gallium
Secondary Indium
Secondary Mercury
Primary Molybdenum and Rhenium
Secondary Molybdenum and Vanadium
Primary Nickel and Cobalt
Secondary Nickel
127—316
7
307. 3123
307.3124
307.3125
3Ô7. 3126
307.3127
307.3128
307.3129
307.3130
307.3131
Section
307.3301
Section
307.3401
307.3402
307.3403
307. 340.4
307.3405
307.3406
307.3407
Section
307.3500
307.3501
307.3502
307.3503
307.3504
307.3505
307.3506
307.3507
307.3508
307.3509
307.3590
Section
307.3601
307.3602
307.3603
307.3604
307.3605
307.3606
307.3607
307.3608
307.3610
Primary Precious Metals and Mercury
Secondary Precious Metals
Primary Rare Earth Metals
Secondary Tantalum
Secondary Tin
Primary and Secondary Titanium
Secondary Tungsten and Cobalt
Secondary Uranium
Primary Zirconium and Hafnium
SUBPART X:
STEAM ELECTRIC POWER GENERATING
Steam Electric Power Generating
SUBPART Y:
FERROALLOY MANUFACTURING
Open Electric Furnaces With Wet Air Pollution Control
Devices
Covered Electric Furnaces and Other Smelting Operations
with Wet Air Pollution Control Devices
Slag Processing
Covered Calcium Carbide Furnaces With Wet Air Pollution
Control Devices
Other Calcium Carbide Furnaces
Electrolytic Manganese Products
Electrolytic Chromium
SUBPART
Z:
LEATHER TANNING AND FINISHING
General Provisions
Hair Pulp, Chrome Tan, Retan-Wet Finish
Hair Save, Chrome Tan, Retan-Wet Finish
Hair Save or Pulp, Non—Chrome Tan, Retan—Wet Finish
Retan-Wet Finish-Sides
No Beamhouse
Through-the-Blue
Shearling
Pigskin
Retan—Wet Finish—Splits
Potassium Ferricyanide Titration Method
SUBPART BA:
GLASS MANUFACTURING
Insulation Fiberglass
Sheet Glass Manufacturing
Rolled Glass Manufacturing
Plate Glass Manufacturing
Float Glass Manufacturing
Automotive Glass Tempering
Automotive Glass Laminating
Glass Container Manufacturing
Glass Tubing
(Danrier) Manufacturing
127—327
8
307.3611
307.3612
307.3613
Section
307.3701
307.
3702
307.3703
307.3704
307.3705’
307.3706
307.3707
307.3708
307.3709
307.3710
307.3711
Section
307.3801
307.3802
307.3803
307.3804
307.3805
307.3806
307.3807
307.3808
307.3809
307.3810
307.3811
Section
307.3900
307.3901
307.3902
307.3903
307.3904
307.3905
307.3906
307.3907
307.3908
307.3909
307.3910
307.3911
307.3912
307.3913
307.3914
Television Picture Tube Envelope Manufacturing
Incandescent Lamp Envelope Manufacturing
Hand Pressed and Blown Glass Manufacturing
SUBPART BB:
ASBESTOS MANUFACTURING
Asbestos-Cement Pipe
Asbestos-Cement Sheet
Asbestos Paper (Starch Binder)
Asbestos Paper (Elastomeric Binder)
Asbestos Millboard
Asbestos Roofing
Asbestos Floor Tile
Coating or Finishing of Asbestos Textiles
Solvent Recovery
Vapor Absorption
Wet Dust Collection
SUBPART BC:
RUBBER MANUFACTURING
Tire and Inner Tube Plants
Emulsion Crumb Rubber
Solution Crumb Rubber
Latex Rubber
Small—Sized General Molded,
Extruded and Fabricated
Rubber Plants
Medium—Sized General Molded,
Extruded and Fabricated
Rubber Plants
Large-Sized General Molded,
Extruded and Fabricated
Rubber Plants
Wet Digestion Reclaimed Rubber
Pan, Dry Digestion and Mechanical Reclaimed Rubber
Latex-Dipped, Latex-Extruded and Latex-Molded Rubber
Latex
Foam
SUBPART BD:
TIMBER PRODUCTS PROCESSING
General Provisions
Barking
Veneer
Plywood
Dry
Process
Hardboard
Wet
Process
Hardboard
Wood
Preserving—Water
Borne
or
Nonpressure
Wood Preserving—Steam
Wood Preserving—Boulton
Wet Storage
Log Washing
Sawmills and Planing Mills
Finishing
Particleboard Manufacturing
Insulation
Board
127—328
9
307.3915
307.3916
Section
307.4000
307.4001
307.4002
307.4004
307.4005
307.4006
307.4007
307
.
4008
307.4009
307.4010
307.4011
307.4012
307.4013
307.4014
307.4015
307.4016
307.4017
307.4018
307.4019
307.4020
307.4021
307.4022
307.4023
307.4024
307.4025
307.4026
Section
307.4101
Section
307.4201
307.4202
307.4203
307.4204
307.4205
307.4206
307.4207
307.4208
307.4209
307.4210
Wood Furniture and Fixture Production Without Water
Wash Spray Booth(s)
or Without Laundry Facilities
Wood Furniture and Fixture Production with Water Wash
Spray Booth(s) or With Laundry Facilities
SUBPART BE:
PULP, PAPER AND PAPERBOARD
General Provisions
Unbleached Kraft
Semi-Chemical
Unbleached Kraft-Neutral Sulfite Semi-Chemical (Cross
Recovery)
Paperboard From Wastepaper
Dissolving Kraft
Market Bleached Kraft
BCT Bleached Kraft
Fine Bleached Kraft
Papergrade Sulfite
(Blow Pit Wash)
Dissolving Sulfite Pulp
Groundwood—Chemi—Mechanica 1
Groundwood—Thermo—Mechanica 1
Groundwood-CMN Papers
Groundwood—Fine Papers
Soda
Deink
Nonintegrated-Fine Papers
Nonintegrated-Tissue Papers
Tissue From Wastepaper
Papergrade Sulfite
(Drum Wash)
Unbleached Kraft and Semi-Chemical
Wastepaper—Molded Products
Nonintegrated-Lightweight Papers
Nonintegrated—Filter and Nonwoven Papers
Nonintegrated-Paperboard
SUBPART BF:
BUILDERS’ PAPER AND BOARD MILLS
Builder’s Paper and Roofing Felt
SUBPART BG:
MEAT PRODUCTS
Simple Slaughterhouse
Complex Slaughterhouse
Low—Processing Packinghouse
High-Processing Packinghouse
Small Processor
Meat Cutter
Sausage and Luncheon Meats Processor
Ham Processor
Canned Meats Processor
Renderer
127—3 29
10
SUBPART BH:
METAL FINISHING
General Provisions
Metal Finishing
Section
307.4900
General Provisions
307.4901
307.4902
307. 4903w
307.4904
307.4905
Asphalt Emulsion
Asphalt Concrete
Asphalt Roofing
Linoleum and Printed Asphalt Felt
SUBPART BU:
PAINT FORMULATING
Oil-Base Solvent Wash Paint
SUBPART BV:
INK FORMULATING
Oil-Base Solvent Wash Ink
SUBPART CD:
PESTICIDE CHEMICALS
General Provisions
Organic Pesticide Chemicals Manufacturing
Metallo-Organic Pesticides Chemicals Manufacturing
Pesticide Chemicals Formulating and Packaging
SUBPART CG:
CARBON BLACK MANUFACTURING
Carbon Black Furnace Process
Carbon Black Thermal Process
Carbon Black Channel Process
Carbon Black Lamp Process
SUBPART CJ:
BATTERY MANUFACTURING
General Provisions
Cadmium
Calcium
Lead
Leclanche
Lithium
Magnesium
Section
307.4300
307.4301
SUBPART BN:
PHARMACEUTICAL MANUFACTURING
Fermentation Products
Extraction Products
Chemical Synthesis Products
Mixing/Compounding and Formulation
Research
SUBPART BR:
PAVING AND ROOFING MATERIALS
(TARS AND ASPHALT)
Section
307.5301
307.5302
307.5303
307.5304
Section
307.5601
Section
307.5701
Section
307.6500
307.6501
307.6502
307.6503
Section
307.6801
307.6802
307.6803
307.6804
Section
307.7100
307.7101
307.7102
307.7103
307.7104
307.7105
307.7106
127—330
11
SUBPART CL:
PLASTICS MOLDING AND FORMING
General Provisions
Contact Cooling and Heating Water
Cleaning Water
Finishing Water
SUBPART CM:
METAL MOLDING AND CASTING
General Provisions
Aluminum Casting
Copper Casting
Ferrous Casting
Zinc Casting
Section
307.7500
307.7501
307.7502
307.7503
307.7504
Section
307.7600
307.7601
307.7602
307.7603
307.7604
Section
307.7700
307.7701
307.7702
307.7703
307.7704
307.7705
307.7706
Section
307.7800
307.7801
307.7802
General Provisions
Steel Basis Material
Galvanized Basis Material
Aluminum Basis Material
Canmaking
SUBPART CO:
PORCELAIN ENAMELING
General Provisions
Steel Basis Material
Cast Iron Basis Material
Aluminum Basis Material
Copper Basis Material
SUBPART CP:
ALUMINUM FORMING
General Provisions
Rolling With Neat Oils
Rolling With Emulsions
Extrusion
Forging
Drawing With Neat Oils
Drawing With Emulsions or Soaps
SUBPART CQ:
COPPER FORMING
General Provisions
Copper Forming
Beryllium Copper Forming
SUBPART CR:
ELECTRICAL AND ELECTRONIC COMPONENTS
Section
307
.
7901
Semiconductor
Zinc
307.7107
Section
307.7300
307.7301
307.7302
307.7303
Section
307.7400
307.7401
307.7402
307.7403
307.7404
SUBPART CN:
COIL COATING
127—33 1
12
307.7902
307.7903
307.7904
Electronic Crystals
Cathode
Ray
Tube
Luminescent Materials
SUBPART CT:
NONFERROUS METALS FORMING AND METAL POWDERS
Section
307.8100
General Provisions
307.8101
Lead-Tin-Bismuth Forming
307.8102
307.8103
307.8104
307.8105
307.8106
307. 8107
307.8108
307.8109
307.8110
Zirconium—Hafnium Forming
Metal Powders
Appendix
References to Previous Rules
(Repealed)
AUTHORITY:
Implementing Sections
13 and 13.3 and authorized by
Section 27 of the Environmental Protection Act
(Ill. Rev.
Stat.
1987,
ch. 111 l/2~,pars.
1013,
1013.3 and 1027).
SOURCE:
Adopted in R70-5,
at
1 PCB 426, March 31,
1971; amended
in R71—14,
at 4 PCB 3, March
7,
1972; amended in R74—3,
at 19 PCB
182, October 30,
1975; amended in R74—15,
16,
at 31 PCB 405,
at
2
Ill. Reg.
44,
p.
151, effective November
2,
1978; amended in R76-
17, at 31 PCB 713,
at
2
111. Reg.
45,
p.
101, effective November
5,
1978; 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.
1625,
effective January 18,
1984; amended in R86—44 at
12 Ill.
Reg.
2592, effective January
13,
1988; amended in R88—ll at
12
Ill.
Reg.
13094, effective July 29,
1988; amended in R88—18
at
13
Ill.
Reg.
1794,
effective January
31,
1989; amended in R89-3 at 13
Ill. Reg.
19288, effective November
17,
1989; amended in R88-9 at
14
Ill. Reg.
3100, effective November 17,
1989; amended
in R89-
12 at 14
Ill. Reg.
7620,
effective May 8,
1990; amended
in R91-5
at 15
Ill. Reg.
effective
SUBPART B:
GENERAL AND SPECIFIC PRETREATMENT REQUIREMENTS
Section 307.1101
General and Specific Requirements
No person shall introduce the following types of pollutants into
a POTW:
a)
General requirements--:
1)
Pollutants which pass through the POTW--,
or
Magnesium Forming
Nickel-Cobalt Forming
Precious Metals Forming
Refractory Metals Forming
Titanium Forming
Uranium Forming
Zinc Forming
127—332
13
2)
Pollutants which interfere with the operation or
performance of the POTW~-;or
b)
Specific requirements--j
1)
Pollutants which create a fire or explosion hazard
within the POTW--.
including, but not limited to,
wastestreams with a closed cup flashpoint of less
than 60 decirees C (140 degrees
F) using the test
methods specified in 35
Ill. Adm.
Code 721.121
2)
Pollutants which would cause safety hazards to the
personnel operating the treatment works~
3)
Pollutants which will cause corrosive damage to
the POTW--j~.
4)
Pollutants which would be injurious in any other
way to sewers, treatment works or structures--j.
5)
Discharges with a pH less than 5.0, unless the
POTW is specifically designed to accommodate such
discharges--j
6)
Solid or viscous pollutants
in amounts which will
cause obstruction to the flow in the POTW
resulting in interference-u
7)
Any pollutant,
including oxygen demanding
pollutants,
at a flow rate or concentration which
will cause interference with the POTW-~j
8)
Heat in amounts which will inhibit biological
activity in the POTW and interfere with the POTW-~L
9)
Heat in amounts which results in temperatures in
the influent to the POTW treatment plant in excess
of 40 degrees C
(104 degrees
F)
unless the Agency
approves alternate temperature limits in
pretreatment plan-ri
10)
Pollutants which would cause the effluent from the
treatment works to violate applicable effluent
standards~
~J
Petroleum oil, nonbiodegradable cutting oil or
products of mineral oil origin
in amounts that
will cause interference or pass through
~j
Pollutants which result in the presence of toxic
gases,
vapors or fumes within the POTW in
a
127—333
14
quantity that may cause acute worker health and
safety problems;
or
~
Any trucked or hauled pollutants,
except at
discharge points designated by the POTW.
BOARD NOTE:
Derived from 40 CFR 403.3
(1990),
as
amended at 55
Fed.
Req.
30129, July 24,
1990.
(Source:
Amended at 15 Ill. Reg.
effective
SUBPART 0:
ORGANIC CHEMICALS,
PLASTICS AND SYNTHETIC FIBERS
Section 307.2400
General Provisions
a)
General definitions.
The Board incorporates by
reference 40 CFR 414.10,
as adopted at
52 Fed.
Reg.
42569, November 5,
1987.
This incorporation includes
no later amendments or editions.
b)
Applicability.
1)
This Subpart applies to process wastewater
discharges from all establishments or portions of
establishments which manufacture the organic
chemicals, plastics and synthetic fibers
(OCPSF)
products or product groups which are covered by
Sections 307.2402 through 307.2408 and which are
included in the following SIC major groups,
as
defined in the Standard Industrial Classification
Manual,
incorporated by reference
in 35
Ill. Adm.
Code 310.107:
A)
SIC 2821
--
Plastic materials,
synthetic
resins and nonvulcanizable elastomers.
B)
SIC 2823
——
Cellulosic man—made fibers.
C)
SIC 2824
—-
Synthetic organic fibers,
except
cellulosic.
D)
SIC 2865
—-
Cyclic crudes and intermediates,
dyes and organic pigments.
E)
SIC 2869
—-
Industrial organic chemicals, not
elsewhere classified.
2)
This Subpart applies to wastewater discharges from
OCPSF research and development, pilot plant,
technical service and laboratory bench scale
127—334
15
operations if such operations are conducted in
conjunction with and related to existing OCPSF
manufacturing activities at the plant site.
3)
Nothwithstanding subsection
(b) (1),
this Subpart
does not apply to discharges resulting from the
manufacture of OCPSF products if the products are
included in the following SIC subgroups and if the
products have in the past been reported by the
establishment under these subgroups and not under
the SIC groups listed in subsection
(b) (1):
A)
SIC 2843085
——
Bulk surface active agents.
B)
SIC 28914
--
Synthetic resin and rubber
adhesives;
C)
Chemicals and chemical preparations not
elsewhere classified:
i)
SIC 2899568
——
Sizes, all types.
ii)
SIC 2899597
——
Other industrial chemical
specialties,
including fluxes,
plastic
wood preparations and embalming fluids.
D)
SIC 2911058
--
Aromatic hydrocarbons
manufactured from purchased refinery
products.
E)
SIC 2911632
--
Aliphatic hydrocarbons
manufactured from purchased refinery
products.
4)
Notwithstanding subsection
(b) (1), this Subpart
does not apply to any discharges for which
a
different set of previously promulgated standards
in Subparts F et seq.
apply, unless the facility
reports OCPSF products under SIC codes
2865,
2869
or 2821,
and the facility’s OCPSF wastewaters are
discharged separately to a POTW.
5)
This Subpart does not apply to any process
wastewater discharge from the manufacture of
organic chemical compounds solely by extraction
from plant and animal raw materials or by
fermentation processes.
6)
Discharges of chromium,
copper,
lead,
nickel and
zinc in “complexed metal—bearing wastestreams,”
listed in Section 307.2491, are not subject to
this Subpart.
12 7—335
16
c)
Compliance date.
All dischargers subject to a
pretreatment standard for existing sources in this
Subpart must comply with the standard by no later than
November 5,
1990.
(Source:
Added at 12 Ill. Reg.
13094, effective July 29,
1988
Section 307.2401
Rayon Fibers
a)
Applicability.
This Section applies to discharges of
process wastewater resulting from the manufacture of
rayon fiber by the viscose process only.
b)
Specialized definitions.
None.
c)
Existing sources:
1)
The Board incorporates by reference 40 CFR
4l4.25T
as adopted at 52 Fed.
Reg. Novembcr 5,
1087
(1990).
This incorporation includes no later
amendments or editions.
2)
No person subject to the pretreatment standards
incorporated by reference in subsection
(1)
shall
cause, threaten or allow the discharge of any
contaminant to a POTW in violation of such
standards.
d)
New sources:
1)
The Board incorporates by reference 40 CFR 4l4•26T
a~adopted at 52 Fed. Reg.
425G9, November
5,
1007
(1990).
This incorporation includes no later
amendments or editions.
2)
No
person
subject
to
the
pretreatment
standards
incorporated
by
reference
in
subsection
(1)
shall
cause, threaten or allow the discharge of any
contaminant to a POTW in violation of such
standards.
3)
“New source” means any building, structure,
facility or installation the construction of which
commenced after March 21,
1983.
(Source:
Amended at 15
Ill.
Reg.
,
effective
)
Section 307.2402
Other Fibers
a)
Applicability.
This Section applies to discharges of
127—336
17
process wastew~terresulting from the manufacture of
the following SIC 2823 cellulosic man—made fibers and
fiber groups,
except rayon and SIC 2824 synthetic
organic fibers and fiber groups.
Product groups are
indicated with an asterisk
(*).
*Acrylic fibers
(85
Polyacrylonitrile)
*Cellulose acetate fibers
*Fluorocarbon (Teflon)
fibers
*Modacrylic fibers
*Nylon 6 fibers
Nylon
6 monofilament
*Nylon 66 fibers
Nylon 66 monofilament
*Polyamide fibers
(Quiana)
*Polyaramid
(Keviar) resin fibers
*Polyaramid
(Nomex)
resin fibers
*Polyester
fibers
*Polyethylene fibers
*Polypropylene fibers
*Polyurethane fibers
(Spandex)
b)
Specialized definitions.
None.
c)
Existing sources:
1)
The Board incorporates by reference 40 CFR
414•35T
a~adopted at
52 Fed.
fleg.
425C9, November
5,
1987
11990).
This incorporation includes no later
amendments or editions.
2)
No person subject to the pretreatment standards
incorporated by reference in subsection
(1)
shall
cause, threaten or allow the discharge of any
contaminant to a POTW in violation of such
standards.
d)
New sources:
1)
The Board incorporates by reference 40 CFR
414~36T
as adopted at 52 Fed.
fleg.
425G9,
November
5,
1987
(1990).
This incorporation includes no lat?~r
amendments or editions.
2)
No person subject to the pretreatment standards
incorporated by reference in subsection
(1)
shall
cause, threaten or allow the discharge of any
contaminant to a POTW in violation of such
standards.
3)
“New source” means any building, structure,
facility or installation the construction of which
127—337
18
commenced after March 21,
1983.
(Source:
Amended at 15 Ill.
Reg.
,
effective
Section 307.2403
Thermoplastic Resins
a)
Applicability.
This Section applies to discharges of
process wastewater resulting from the manufacture e-~-—of
the following SIC 28213 thermoplastic resins and
thermoplastic resin groups.
Product groups are
indicated with an asterisk
(*).
*Abietic acid
--
Derivatives
*AB5 resins
*AB5-SAN resins
*Acrylate—methacrylate latexes
*Acrylic latex
*Acrylic resins
*Cellulose acetate butyrates
Cellulose acetate resin
*Cellulose acetates
*Cellulose acetates priopionates
Cellulose nitrate
Cellulose sponge
*Ethylene-methacrylic acid copolymers
*Ethylene-vinyl acetate copolymers
*Fatty acid resins
*Fluorocarbon
polymers
Nylon
11
resin
*Nylon
6—66
copolymers
*Nylon
6
——
Nylon 11 blends
Nylon
6 resin
Nylon 612 resin
Nylon
66 resin
*Nylons
*Petroleum
hydrocarbon
resins
*Polyvinyl pyrrolidone
—-
copolymers
*poly(alpha)olefins
Polyacrylic acid
*
P0 lamides
*polyarylamides
Polybutadiene
*Polybutenes
Polybutyl succinic anhydride
*polycarbonates
*polyester resins
*Polyester resins, Polybutylene terephthalate
*Polyester
I
Polyoxybenzoate
Polyethylene
*Polyethylene
-—
ethyl acrylate resins
*polyethylene
——
polyvinylacetate copolymers
127—338
19
Polyethylene resin
(HDPE)
Polyethylene resin
(LDPE)
Polyethylene resin, scrap
Polyethylene resin, wax (low molecular weight)
Polyethylene resin,
latex
Polyethylene resins
*Polyethylene resins, compounded
*Polyethylene, chlorinated
*Polyimides
*Polypropylene resins
Polystyrene (crystal)
Polystyrene (crystal) modified
*Polystyrene
——
copolymers
*Polystyrene
——
acrylic latexes
Polystyrene impact resins
Polystyrene latex
Polystyrene, expandable
Polystyrene, expanded
*Polysulfone resins
Polyvinyl acetate
*Polyvinyl acetate
--
PVC copolymers
*Polyvinyl acetate copolymers
*Polyvinyl acetate resins
Polyvinyl alcohol resin
Polyvinyl chloride
Polyvinyl chloride, chlorinated
*Polyviriyl ether
--
maleic anhydride
*Polyvinyl formal resins
*Polyvinylacetate
—-
methacrylic copolymers
*Polyvinylacetate acrylic copolymers
*Polyvinylacetate
--
2-ethylhexylacrylate
copolymers
Polyvinylidine chloride
*Polyvinylidine chloride copolymers
*Polyvinylidine
-—
vinyl chloride resins
*PVC copolymers,
acrylates
(Latex)
*PVC copolymers,
ethylene
--
vinyl chloride
*Rosin derivative resins
*Rosin modified resins
*Rosjn resins
*5AN
resins
*Silicones:
Silicone resin
*Silicones:
Silicone rubbers
*Styrene
-—
maleic anhydride resins
Styrene polymeric residue
*Styrene
——
acrylic copolymer resins
*Styrene —-acrylonitrile ——acrylates copolymers
*Styrene
-—
butadiene resins
*Styrene
--
butadiene resins
(less than 50
butadiene)
*Styrene
--
butadiene resins
(Latex)
*Styrene
—-
divinyl benzene resins
(ion exchange)
127—339
20
*Styrene
——
methacrylate terpolymer resins
*Styrene
--
methyl methacrylate copolymers
*Styrene,
butadiene, vinyl toluene terpolymers
*Sulfonated styrene
——
maleic anhydride resins
*Unsaturated polyester resins
*Vinyl toluene resins
*Vinyl toluene
——
acrylate resins
*Vinyl toluene
——
butadiene resins
*Vinyl toluene
——
methacrylate resins
*Vinylacetate
--
n-butylacrylate copolyrners
b)
Specialized definitions.
None.
c)
Existing sources:
1)
The Board incorporates by reference 40 CFR
414~45T
as adopted at 52 Fed.
fleg.
425G0,
November
5,
1987
(1990).
This incorporation includes no later
amendments or editions.
2)
No person subject to the pretreatment standards
incorporated by reference in subsection
(1)
shall
cause, threaten or allow the discharge of any
contaminant to a POTW in violation of such
standards.
d)
New sources:
1)
The Board incorporates by reference 40 CFR
414•46T
as adopted at 52 Fed.
fleg.
42560,
November
5,
1987
(1990).
This incorporation includes no later
amendments or editions.
2)
No person subject to the pretreatment standards
incorporated by reference in subsection
(1)
shall
cause, threaten or allow the discharge of any
contaminant to a POTW in violation of such
standards.
3)
“New source” means any building, structure,
facility or installation the construction of which
commenced after March 21,
1983.
(Source:
Amended at 15
Ill.
Reg.
,
effective
)
Section 307.2404
Thermosetting Resins
a)
Applicability.
This Section applies to discharges of
process wastewater resulting from the manufacture of
the following SIC 28214 thermosetting resins and
thermosetting resin groups.
Product groups are
127—340
21
indicated with an asterisk
(*).
*Alkyd resins
Dicyanodiamide resin
*Epoxy resins
*Fumaric acid polyesters
*Furan resins
Glyoxal
--
urea formaldehyde textile resin
*Ketone
——
formaldehyde resins
*Nelamjne resins
*phenolic resins
*Polyacetal resins
*Polyacrylamide
*Polyurethane
prepolymers
*Polyurethane resins
*Urea formaldehyde resins
*Urea resins
b)
Specialized definitions.
None.
c)
Existing sources:
1)
The Board incorporates by reference 40 CFR
414•55T
as adopted at 52 Fed.
fleg.
42569, November 5,
1907
(1990).
This incorporation includes no later
amendments or editions.
2)
No person subject to the pretreatment standards
incorporated by reference in subsection
(1)
shall
cause, threaten or allow the discharge of any
contaminant to a POTW in violation of such
standards.
d)
New sources:
1)
The Board incorporates by reference 40 CFR
414•56T
as adopted at 52 Fed.
fleg.
42569, November
5,
1907
(1990).
This incorporation includes no later
amendments or editions.
2)
No person subject to the pretreatment standards
incorporated by reference in subsection
(1)
shall
cause,
threaten or allow the discharge of any
contaminant to a POTW in violation of such
standards.
3)
“New source” means any building, structure,
facility or installation the construction of which
commenced after March 21,
1983.
(Source:
Amended at 15
Ill. Reg.
,
effective
127—341
22
Section 307.2405
Commodity Organic Chemicals
a)
Applicability.
This Section applies to discharges of
process wastewater resulting from the manufacture of
the following SIC 2865 or 2869 commodity organic
chemicals and commodity organic chemical groups.
Product groups are indicated with an asterisk
(*).
1)
Aliphatic organic chemicals
Acetaldehyde
Acetic acid
Acetic anhydride
Acetone
Acrylonitrile
Adipic acid
*Butylenes
(Butenes)
Cyclohexane
Ethanol
Ethylene
Ethylene glycol
Ethylene oxide
Formaldehyde
Isopropano1
Methanol
Polyoxypropylene glycol
Propylene
Propylene oxide
Vinyl acetate
.1,2-Dichioroethane
1,3-Butadiene
2)
Aromatic organic chemicals
Benzene
Cumene
Dimethyl terephthalate
Ethylbenzene
m-Xylene (impure)
p-Xylene
Phenol
*pjtch tar residues
Pyrolysis gasolines
Styrene
Terephthalic acid
Toluene
*Xylenes, mixed
o-Xylene
3)
Halogenated organic compounds
12 7—342
23
Vinyl chloride
b)
Specialized definitions.
None.
c)
Existing sources:
1)
The Board incorporates by reference
40 CFR 414~65T
as-
adopted at 52
F-ed-.
Reg. 42569, November
5,
1987
(1990).
This incorporation includes no later
amendments or editions.
2)
No person subject to the pretreatment standards
incorporated by reference in subsection
(1)
shall
cause, threaten or allow the discharge of any
contaminant to a POTW in violation of such
standards.
d)
New sources:
1)
The Board incorporates by reference 40 CFR
414~66T
as- adopted at 52 Fed.
Reg.
42569, November 5,
1087
(1990).
This incorporation includes
rio later
amendments or editions.
2)
No person subject to the pretreatment standards
incorporated by reference in subsection
(1)
shall
cause, threaten or allow the discharge of any
contaminant to a POTW in violation of such
standards.
3)
For discharges of wastewater resulting from the
manufacture of butadiene by any process which
includes the oxidative dehydrogenation of butene,
“new source” means any building,
structure,
facility or installation the construction of which
commenced after December 17,
1973.
For other
sources,
“new source” means any building,
structure,
facility or installation the
construction of which commenced after March 21,
1983.
(Source:
Amended at 15 Ill. Reg.
,
effectivs
Section 307.2406
Bulk Organic Chemicals
a)
Applicability.
This Section applies to discharges of
process wastewater resulting from the manufacture of
the following SIC 2865 or 2869 bulk organic chemicals
and bulk organic chemical groups.
Product groups are
indicated with anasterisk
(*).
127—343
24
1)
Aliphatic organic chemicals
*Acetjc acid esters
*Acetjc acid salts
Acetone cyanohydrin
Acetylene
Acrylic acid
*Acrylic acid esters
*Alkoxy alkanols
*Alkylates
*alpha—olefins
Butane
(all forms)
C—4 hydrocarbons
(unsaturated)
Calcium stearate
Caprolactam
Carboxymethyl cellulose
Cellulose acetate butyrates
*Cellulose ethers
Citric acid
Cumene hydroperoxide
Cyclohexanol
Cyclohexanol, cyclohexanone
(mixed)
Cyclohexanone
Cyclohexene
*C12
-—
C18 primary alcohols
(mixed)
*~5concentrates
*C9 concentrates
Decanol
Diacetone alcohol
*Dicarboxylic acids
-—
salts
Diethyl ether
Diethylene glycol
Diethylene glycol diethyl ether
Diethylene glycol dimethyl ether
Diethylene glycol monoethyl ether
Diethylene glycol monomethyl ether
*Djmer acids
Dioxane
Ethane
Ethylene glycol monophenyl ether
*Ethoxylates, miscellaneous
Ethylene glycol dimethyl ether
Ethylene glycol monobutyl ether
Ethylene glycol monoethyl ether
Ethylene glycol monomethyl ether
*
Fatty acids
Glycerine (synthetic)
Glyoxa1
Hexane
*Hexane and other C6 hydrocarbons
Isobutanol
Isobutylene
12 7—344
25
Isobutyraldehyde
Isophorone
Isophthalic acid
I soprene
Isopropyl acetate
Ligninsulfonic acid,
calcium salt
Naleic anhydride
Methacrylic acid
*Methacrylic acid esters
Methane
Methyl ethyl ketone
Methyl methacrylate
Methyl tert-butyl ether
Methyl isobutyl ketone
n—alkanes
n-butyl alcohol
n-butyl acetate
n-butyraldehyde
n-butyric acid
n-butyric anhydride
*n—parafins
n—propyl
acetate
n-propyl
alcohol
Nitrilotriacetic
acid
Nylon salt
Oxalic acid
*Oxo aldehydes
--
alcohols
Pentaerythritol
Pentane
*Pentefles
*Petroleum sulfonates
Pine oil
Polyoxybutylene glycol
Polyoxyethylene glycol
Propane
Priopionaldehyde
Propionic acid
Propylene glycol
sec-butyl alcohol
Sodium formate
Sorbitol
Stearic acid,
calcium salt
(wax)
tert-butyl alcohol
l-Butene
1—Pentene
1, 4-Butanediol
Isobutyl acetate
2-Butene
(cis and trans)
2-Ethyihexanol
2-Ethylbutyraldehyde
2,2,
4-Trimethyl—1,
3-pentanediol
127—345
26
2)
Amine and amicle organic chemicals
2, 4-Diaminotoluene
*Alkyl amines
Aniline
Caprolactam, aqueous concentrate
Diethanolamine
Diphenylamine
*Ethanolamjnes
Ethylamine
Ethylenediamine
Ethylenediaminetetraacetic acid
*
Fatty acids
Hexamethylenediamine
Isopropylamine
m-Toluidine
Melamine
Melamine crystal
*Methylamines
Methylene dianiline
n-butylamine
N,N-diethylaniline
N,N-dimethylformamide
*Nitroanilines
Polymeric methylene dianiline
sec—butylamine
tert-butylamine
Toluenediamine (mixture)
*Toluidines
o-Phenylenediamine
1, 4-Phenylenediamine dihydrochloride
2, 6-Dimethylaniline
4- (N-Hydroxyethylethylamino)-2-hydroxyethyl
aniline
4,4’-Methylenebis (N,N’ -dimethyl)aniline
4,4’ -Methylenedianiline
3)
Aromatic organic chemicals
alpha-methylstyrene
*Alkyl benzenes
*Alkyl phenols
*Alkylbenzene sulfonic acids,
salts
Aminobenzoic acid
(meta and para)
Aspirin
beta-naphthalene sulfonic acid
Benzenedisulfonic acid
Benzoic
acid
Bis(2-ethylhexyl)phthalate
Bisphenol A
BTX
——
benzene, toluene, xylene
(mixed)
Butyl octyl phthalate
127—346
27
Coal tar
*Coal tar products
(miscellaneous)
Creosote
*Cresols, mixed
Cyanuric acid
*Cyclic aromatic sulfonates
Dibutyl
phthalate
Diisobutyl
phthalate
Diisodecyl
phthalate
Diisooctyl
phthalate
Dimethyl
phthalate
Dinitrotoluene (mixed)
Ditridecyl phthalate
m—Creso 1
Metanilic
acid
Methylenediphenyldiisocyanate
Naphthalene
*Naphthas,
solvent
Nitrobenzene
Nitrotoluene
Nonylphenol
p—Cresol
Phthalic
acid
Phthalic anhydride
*Tars
——
pitches
tert-butylphenol
*Toluenediisocyanates
(mixture)
Trimellitic acid
o—cresol
1—Tetralol,
1-tetralone
mix
2, 4-Dinitrotoluene
2, 6-Dinitrotoluene
4)
Halogenated organic chemicals
Allyl chloride
Benzyl chloride
Carbon
tetrachloride
*Chlorinated paraffins, 35—44
chlorine
Chlorobenzene
*Chlorobenzenes
(mixed)
Chlorod
if luoroethane
Chloroform
*Chloromethanes
2-Chloro-5-methylphenol
(6-Chioro-in-cresol)
*Chlorophenols
Chloroprene
Cyanogen chloride
Cyanuric chloride
Dichloropropane
Epichlorohydrin
Ethyl chloride
127—347
28
*Fluorocarbons
(Freons)
Methyl chloride
Methylene chloride
Pentachloropheno1
Phosgene
Tetrachloroethylene
Trichloroethylene
Trichlorofluoroinethane
Vinylidene chloride
1, l-Dichloroethane
1,1,1-Trichioroethane
2, 4—Dichlorophenol
5)
Other organic chemicals
Adiponitrile
Carbon disulfide
Dithiophosphates, sodium salt
Fatty nitriles
*Organo-tin compounds
*Phosphate esters
Tetraethyl lead
Tetramethyl lead
*Urethane prepolymers
*Waxes, emulsions
——
dispersions
b)
Specialized definitions.
None.
c)
Existing
sources:
1)
The ~oard incorporates by reference 40 CFR
414~75T
as
adopted
at
52 Fed.
fleg.
42569,
November 5,
1987
(1990).
This
incorporation
includes
no
later
amendments
or
editions.
2)
No
person
subject
to
the pretreatment standards
incorporated
by
reference
in
subsection
(1)
shall
cause,
threaten
or
allow
the discharge of any
contaminant to a POTW in violation of such
standards.
d)
New
sources:
1)
The Board incorporates by reference 40 CFR
414•76T
as adopted at 52
Fed.
fleg.
42569, November
5,
1907
(1990).
This incorporation includes no later
amendments
or
editions.
2)
No person subject to the pretreatment standards
incorporated by reference in subsection
(1)
shall
cause, threaten or allow the discharge of any
contaminant to a POTW in violation of such
127~348
29
standards
3)
“New source” means any building,
structure,
facility or installation the construction of which
commenced after March 21,
1983.
(Source:
Amended at 15 Ill. Reg.
,
effective
Section 307.2407
Specialty Organic Chemicals
a)
Applicability.
This Section applies to discharges of
process
wastewater
resulting
from the manufacture of
any SIC 2865 or 2869 organic chemicals and organic
chemical groups which are not defined as commodity or
bulk organic chemicals in Section 307.2405 or 307.2406.
b)
Specialized definitions.
None.
c)
Existing sources:
1)
The Board incorporates by reference 40 CFR
414•85T
as adopted at 52
Fed.
flog.
42569, November
5,
1987
(1990).
This incorporation includes no later
amendments or editions.
2)
No person subject to the pretreatment standards
incorporated by reference
in subsection
(1)
shall
cause, threaten or allow the discharge of any
contaminant to a POTW in violation of such
standards.
d)
New sources:
1)
The
Board
incorporates
by
reference
40 CFR 414~86T
as
adopted
at
52
Fed.
Rcg.
42569,
November
5,
1987
(1990).
This
incorporation
includes
no
later
amendments
or
editions.
2)
No
person
subject
to
the
pretreatment
standards
incorporated
by
reference
in
subsection
(1)
shall
cause,
threaten
or
allow
the
discharge
of an~y
contaminant
to
a
POTW
in
violation
of
such
standards.
3)
“New source” means any building, structure,
facility or installation the construction of which
commenced after March 21,
1983.
(Source:
Amended at 15 Ill.
Reg.
,
effective
)
127—349
30
Section 307.2490
Non—complexed Metal-bearing and Cyanide-
bearing
Wastestreams
The
Board
incorporates
by
reference
40 CFR 414, Appendix A
(l9~8-9Q).
This
incorporation
includes
no
later
amendments
or
editions.
(Source:
Amended at 15 Ill. Reg.
,
effective
SUBPART V:
NONFERROUS METALS MANUFACTURING
Section 307.3100
General Provisions
a)
Applicability.
This Subpart applies to any facility
producing primary metals from ore concentrates or
recovering secondary metals from recycle wastes which
introduces or may introduce pollutants into a POTW.
This Subpart applies only to alloying or casting of hot
metal direOtly from the nonferrous metals manufacturing
process without cooling.
Remelting followed by
alloying
or
cooling
is
included
in the aluminuir,
forming,
nonferrous
metals
forming
or
metal
molding
and
casting
categories.
~j
This subsection corresponds to 40 CFR 421.2
(1990),
reserved by the U.S. Environmental Protection Agency,
in order that the following subsections may maintain a
linear correspondence with other federal provisions.
c)
Monitoring requirements.
The Board incorporates by
reference 40 CFR 421.3
(l9~842Q),as amended at 55
Fed.
Reg.
31697,
August
3,
1990.
This
incorporation
includes no later amendments or editions.
d)
Compliance
dates.
The
Board
incorporates
by
reference
40 CFR 421.4 (l98-&~). This incorporation includes no
later amendments or editions.
e)
Removal credits.
The control authority may grant
removal credits pursuant to 35 Ill. Adm. Code 310.300
et seq.
for toxic metals ljmited in this Subpart when
used as indicator pollutants.
(Source:
Amended at 15 Ill.Reg.
,
effective
)
Section 307.3109
Metallurgical Acid Plants
a)
Applicability.
This
Section
applies
to
discharges
resulting
from
or
associated
with the manufacture of
127—350
31
by—product sulfuric acid at primary smelters, primary
copper
smelters,
primary
zinc
facilities,
primary
lead
facilities
or
primary
molybdenum
facilities,
including
associated
air
pollution
control
or
gas—conditioning
systems for sulfur dioxide off—gases from
pyronietallurgical
operations.
b)
Specialized definitions.
The Board incorporates by
reference
40
CFR
421.91
(19&6~Q).
This
incorporation
includes
no
later
amendments
or
editions.
c)
Existing sources:
1)
The Board incorporates by reference 40 CFR 421.95
(l9&62.Q).
This
incorporation
includes
no
later
amendments or editions.
2)
No
person
subject
to
the
pretreatment
standards
incorporated
by
reference
in
subsection
(1)
shall
cause,
threaten
or
allow
the
discharge
-of
any
contaminant to a POTW in violation of such
standards.
d)
New sources:
1)
The Board incorporates by reference 40 CFR 421.96
(198-690),
as amended at 55
Fed.
Reg.
31697, August
3,
1990.
This
incorporation
includes
no
later
amendments or editions.
2)
No
person
subject
to
the
pretreatment
standards
incorporated by reference in subsection
(1)
shall
cause, threaten or allow the discharge of any
contaminant to a POTW in violation of such
standards.
3)
“New source” means any building,
structure,
facility or installation the construction of which
commenced after February 17,
1983.
(Source:
Amended at 15 Ill.
Reg.
,
effective
)
Section 307.3115
Primary Beryllium
a)
Applicability.
This Section applies to discharges
resulting from the production
of beryllium by primary
beryllium facilities processing beryllium ore
concentrates or beryllium hydroxide raw materials.
b)
Specialized definitions.
The Board incorporates by
reference 40 CFR 421.151
(19&6~Q). This incorporation
127—35 1
32
includes no later amendments or editions.
c)
Existing
sources:
These
sources
shall
comply
with
the
general
and
specific
pretreatment
requirements
of
Subpart
B.
d)
New
sources:
1)
The
Board
incorporates
by
reference
40
CFR
421.156
(198-690),
as amended at 55
Fed.
Reg.
31700, August
3,
1990.
This
incorporation includes no later
amendments
or
editions.
2)
No person subject to the pretreatment standards
incorporated
by
reference
in
subsection
(1)
shall
cause, threaten or allow the discharge of any
contaminant
to
a
POTW
in
violation
of
such
standards.
3)
“New
source”
means
any
building,
structure,
facility or installation the construction of which
commenced after June 27,
1984.
(Source:
Amended
at
15
Ill.
Reg.
,
effective
)
Section 307.3119
Primary Molybdenum and Rhenium
a)
Applicability.
This Section applies to discharges
resulting from the production of molybdenum and rhenium
facilities.
b)
Specialized definitions.
The Board incorporates by
reference 40 CFR 421.211
(198-6~Q). This incorporation
includes no later amendments or editions.
C)
Existing sources:
These sources shall comply with the
general and specific pretreatment requirements of
Subpart B.
d)
New sources:
1)
The Board incorporates by reference 40 CFR 421.216
(198-690),
as amended at 55
Fed.
Reg.
31702, August
3,
1990.
This incorporation includes no later
amendments or editions.
2)
No person subject to the pretreatment standards
incorporated by reference in subsection
(1)
shall
cause, threaten or allow the discharge of any
contaminant to a POTW in violation of such
standards.
127—352
33
3)
“New source” means any building, structure,
facility or installation the construction of which
commenced after June 27,
1984.
(Source:
Amended at 15 Ill. Reg.
,
effective
)
Section
307.3120
Secondary
Molybdenum
and
Vanadium
a)
Applicability.
This
Section
applies
to
discharges
resulting
from
the production of molybdenum or vanadium
by
secondary
molybdenum
or
vanadium
facilities.
b)
Specialized definitions.
The Board incorporates by
reference 40 CFR 421.221
(198-6~Q).
This incorporation
includes no later amendments
or editions.
c)
Existing sources:
These sources shall comply with the
general and specific pretreatment requirements oL
Subpart
B.
d)
New sources:
1)
The Board incorporates by reference 40 CFR 421.226
(198-690),
as amended at 55
Fed.
Req.
31704, August
3,
1990.
This incorporation includes no later
amendments or editions.
2)
No person subject to the pretreatment standards
incorporated by reference in subsection
(1)
shall
cause, threaten or allow the discharge of any
contaminant to a POTW in violation of such
standards.
3)
“New source” means any building,
structure,
facility or installation the construction of which
commenced
after
June
27,
1984.
(Source:
Amended at 15 Ill. Reg.
,
effective
)
Section 307.3124
Secondary Precious Metals
a)
Applicability.
This Section applies to discharges
resulting from the production of precious metals at
secondary
precious
metals
facilities.
b)
Specialized definitions.
The Board incorporates by
reference 40 CFR 421.261
(198-690).
as amended at 55
Fed. Req.
31705, August
3,
1990.
This incorporation
includes no later amendments or editions.
127—353
34
C)
Existing
sources:
1)
The Board incorporates by reference 40 CFR 421.265
(198&90),
as
amended
at
55
Fed.
Req. 31710, August
3,
1990.
This
incorporation
includes,
no
later
amendments
or
editions.
2)
No person subject to the pretreatment standards
incorporated
by
reference
in
subsection
(1)
shall
cause, threaten or allow the discharge of any
contaminant to a POTW in violation of such
standards.
d)
New sources:
1)
The Board incorporates by reference 40 CFR 421.266
(198-690),
as amended at 55
Fed.
Req.
31711,
August
3,
1990, and 55 Fed.
Req.
36932,
September 7,
1990.
This incorporation includes
rio later
amendments or editions.
2)
No person subject to the pretreatment standards
incorporated by reference in subsection
(1)
shall
cause, threaten or allow the discharge of any
contaminant to a POTW in violation of such
standards.
3)
“New source” means any building, structure,
facility or installation the construction of which
commenced after June 27,
1984.
(Source:
Amended at 15
Ill.
Reg.
,
effectiVe
Section 307.3129
Secondary Tungsten and Cobalt
a)
Applicability.
This Section applies to discharges
resulting from the production of tungsten or cobalt at
secondary tungsten or cobalt facilities processing
tungsten er—or tungsten carbide raw materials.
b)
Specialized
definitions.
The
Board
incorporates
by
reference 40 CFR 421.311 (l98-Q).
This incorporation
includes no later amendments or editions.
C)
Existing
sources:
1)
The Board incorporates by reference 40 CFR 421.315
(198-7-90),
as
amended
at
55
Fed.
Req.
31716,
August
3,
1990.
This incorporation includes no later
amendments
or
editions.
127—354
35
2)
No person subject to the pretreatment standards
incorporated
by
reference
in
subsection
(c)
(1)
shall
cause,
threaten
or
allow
the discharge of
any contaminant to a
POTW
in violation of such
standards.
d)
New
sources:
1)
The Board incorporates by reference 40 CFR 421.316
(198-7-90),
as amended at 55
Fed. Req.
31718, August
3,
1990.
This incorporation includes no later
amendments or editions.
2)
No person subject to the pretreatment standards
incorporated by reference in subsection
(d) (1)
shall cause, threaten or allow the discharge of
any contaminant to a POTW in violation of such
standards.
3)
“New
source”
means
any
building,
structure,
facility
or
installation
the
construction
of
which
commenced after June 27,
1984.
(Source:
Amended at 15
Ill. Reg
)
effective
TITLE
35 ENVIRONMENTAL PROTECTION
SUBTITLE
C:
WATER POLLUTION
CHAPTER
I:
POLLUTION
CONTROL
BOARD
PART 309
PERMITS
SUBPART A:
NPDES PERMITS
Section
309.101
309.102
309.103
309.104
309.105
309.106
309.107
309.108
309.109
309.110
309.111
309.112
309.113
309.114
309.115
Preamble
NPDES Permit Required
Application
-
General
Renewal
Authority to Deny NPDES Permits
Access to Facilities and Further Information
Distribution
of
Applications
Tentative Determination
and
Draft
Permit
Public Notice
Contents
of
Public
Notice
of
Application
Combined Notices
Agency Action After Comment Period
Fact Sheets
Notice to Other Governmental Agencies
Public Hearings on NPDES Permit Applications
12 7—355
36
309.116
309.117
309.118
309.119
309.141
309.142
309.143
309.144
309.145
309.146
309.147
309.148
309.149
309.150
309.151
309.152
309.153
309.154
309.155
309.156
309.
181
309.182
309.183
309.184
309.185
309.191
Section
309.201
309.202
309.203
309.204
309.205
309.206
309.207
309.208
309. 221
309.222
309.223
309.224
309.225
309.241
309.242
309.243
309.244
309.261
309.262
309.263
309.264
Notice
of
Agency
Hearing
Agency
Hearing
Agency
Hearing
File
Agency Action After Hearing
Terms and Conditions of NPDES Permits
Water Quality Standards and Waste Load Allocation
Effluent
Limitations
Federal
New
Source
Standards
of
Performance
Duration
of
Permits
Authority
to
Establish
Recording,
Reporting,
Monitoring
and
Sampling
Requirements
Authority
to
Apply
Entry
and
Inspection
Requirements
Schedules
of
Compliance
Authority to Require Notice of Introduction of
Pollutants into Publicly Owned Treatment Works
Authority to Ensure Compliance by Industrial Users with
Sections
204(b),
307
and
308
of the Clean Water Act
Maintenance and Equipment
Toxic
Pollutants
Deep
Well
Disposal
of
Pollutants
(Repealed)
Authorization
to
Construct
Sewage Sludge Disposal
Total Dissolved Solids Reporting and Monitoring
Appeal of Final Agency Action on a Permit Application
Authority to Modify, Suspend or Revoke Permits
Revision of Schedule of Compliance
Permit Modification Pursuant to Variance
Public Access to Information
Effective Date
SUBPART B:
OTHER PERMITS
Preamble
Construction Permits
Operating Permits; New or Modified Sources
Operating Permits; Existing Sources
Joint Construction and Operating Permits
Experimental Permits
Former Permits
(Repealed)
Permits for Sites Receiving Sludge for Land Application
Applications
-
Contents
Applications
-
Signatures and Authorizations
Applications
-
Registered or Certified Mail
Applications
-
Time to Apply
Applications
-
Filing and Final Action by Agency
Standards for Issuance
Duration of Permits Issued Under Subpart B
Conditions
Appeals from Conditions in Permits
Permit No Defense
Design, Operation and Maintenance Criteria
Modification of Permits
Permit
Revocation
12 7—356
37
309.265
Approval of Federal Permits
309.266
Procedures
309.281
Effective Date
309.282
Severability
APPENDIX A
References to Previous Rules
AUTHORITY:
Implementing Sections 13 and 13.3 and authorized by
Section 27 of the Environmental Protection Act
(Ill.
Rev.
Stat.
1987,
ch.
111½,
pars.
1013,
1013.3 and 1027).
SOURCE:
Adopted in R71-14, at
4 PCB
3, March
7,
1972; amended in
R73—ll,
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—l2B,
at 41 PCB 369,
at
5 Ill.
Reg.
6384,
effective May 28,
1981; amended in R76-2l,
at 44 PCB 203, at
6 Ill. Reg.
563, effective December 24,
1981;
codified
6 Ill. Reg.
7818; amended in R82—5,
10, at
54 PCB 411,
at
8 Ill.
Reg.
1612,
effective January 18,
1984; amended in P86-
44 at
L2
Ill.
Peg. 2495 effective January 13,
1988;
amended in
P88—1 at
13
Ill. Reg.
5993,
effective April 18,
1989; amended in
R88—2l(A)
at 14
Ill. Peg.
2892,
effective February
13,
1990;
amended in R91—5 at 15
Ill. Reg.
,
effective
SUBPART A:
NPDES PERMITS
Section 309.103
Application
—
General
a)
Application Forms
1)
An applicant for
a National Pollution Discharge
Elimination System
(NPDES) Permit shall file an
application,
in accordance with Section 309.223
hereof, on forms provided by the Illinois
Environmental Protection Agency
(Agency).
Such
forms shall comprise the NPDES application forms
promulgated by the U.S. Environmental Protection
Agency for the type of discharge for -which an
NPDES Permit is being sought and such additional
information as the Agency may reasonably require
in order to determine that the discharge or
proposed discharge will be in compliance with
applicable state and federal requirements.
2)
In addition to the above application forms, the
Agency may require the submission of plans and
specifications for treatment works and summaries
of design criteria.
12 7—35 7
38
3)
Effluent toxicity monitoring
~j
In addition to the above application forms,
the Agency may require, pursuant to Section
39 of the Act, the installation, use,
maintenance and reporting of results from
monitoring equipment and methods,
including
biological monitoring.
The Agency may
require, pursuant to Section 39 of the Act,
effluent toxicity testing to show compliance
with 35
111. Adm. Code 302.621 and 302.630.
If this toxicity testing shows the effluent
to be toxic, the Agency may require pursuant
to Section 39 of the Act further testing and
identification of the toxicant(s) pursuant to
35 Ill. Adm. Code 302.210(a).
~
The following POTWs shall provide the results
of valid whole effluent biological toxicity
testing to the Agency:
iL
All POTW5 with design influent flows
equal to or greater than one million
gallons
per
day
Lii
All POTWs with approved pretreatment
programs or POTWs required to develop a
pretreatment program pursuant to 35
Ill.
Adm. Code 3l0.Subpart E
~j
In addition to the POTWs listed in
(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.
Li
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)
LjJ..
The dilution of the effluent in the
receiving water
(ratio of effluent flow
to receiving stream flow);
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
127—358
39
j~yj
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
yj
Other considerations (including but not
limited to the history of toxic impact
and compliance problems at the POTW),
which the Director determines could
cause or contribute to adverse water
quality impacts.
121
The POTWs required under subsections
(a)(3)(B)
or
(a)(3)(C) to conduct toxicity
testing shall 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 pursuant to Section
309.182, 309.183 or 309.184 for any of the
reasons listed at 40 CFR 122.62(a)
(1990),
herein incorporated by reference (including
no later amendments or editions).
41
All POTWs with approved pretreatment programs
shall provide the following information to the
Agency:
a written technical evaluation of the
need to revise local limits pursuant to 35
Ill.
Adm. Code 310.210.
BOARD NOTE:
Subsections
(a) (3) (B) through
(a) (4)
are derived from 40 CFR 122.21(1)
(1990),
as
amended at 55 Fed.
Req.
30128
(July 24,
1990).
b)
Animal Waste Facilities
An applicant for an NPDES Permit in connection with the
operation of an animal waste facility shall complete,
sign,
and submit an NPDES application in accordance
with the provisions of 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
12 7—359
40
or non—point source mine discharge as defined by
35 Ill.
Adm. Code 402.101, the applicant shall
also submit an NPDES Permit application in
accordance with Section 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 contained 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.
Adni.
Code:
Subtitle D,
Chapter
I, the effluent and water
quality standards of 35
Ill. Adm. Code 302,
303
and 304 are inapplicable to mine discharges and
non—point source mine discharges.
d)
New Discharges
Any person whose discharge will begin after the
effective date of this Subpart A or any person having
an NPDES Permit issued by the U.S. Environmental
Protection Agency for an existing discharge which will
substantially change in nature,
or increase in volume
or frequency, must apply for an NPDES Permit either:
1)
No later than 180 days in advance of the date on
which such NPDES Permit will be required; or
2)
In sufficient time prior to the anticipated
commencement of the discharge to insure compliance
with the requirements of Section 306 of the Clean
Water Act
(CWA)
(33 U.S.C.
1251 et seq.),
or with
any other applicable water quality standards and
applicable effluent standards and limitations.
e)
Signatures
An application submitted by a corporation shall be
signed by a principal executive officer of- at least the
level of vice president, or his duly authorized
representative,
if such representative is responsible
for the overall operation of the facility from which
the discharge described in the application form
originates.
In the case of a partnership of a sole
proprietorship, the application shall be signed by a
general partner or the proprietor, respectively.
In
the case of a publicly owned facility, the application
shall be signed by either the principal executive
officer, ranking elected official,
or other duly
authorized employee.
12 7—360
41
(Source:
Amended at 15
Ill. Reg
effective
TITLE 35:
ENVIRONMENTAL PROTECTION
SUBTITLE
C:
WATER POLLUTION
CHAPTER
I:
POLLUTION CONTROL BOARD
PART 310
PRETREATMENT
PROGRAMS
SUBPART A:
GENERAL PROVISIONS
Section
310.101
310. 102
310. 103
310. 104
310.105
310.107
310.110
310.111
Section
310.201
310.202
310.210
310.211
310.220
310.221
310.222
310.230
310.232
310.233
Section
310.301
310.302
310.303
310.310
310.311
310.312
310.320
310.330
310.340
310.341
310.343
310.350
310.351
Applicability
Objectives
Federal Law
State Law
Confidentiality
Incorporations by Reference
Definitions
New Source
SUBPART B:
PRETREATMENT STANDARDS
General Prohibitions
Specific Prohibitions
Specific Limits Developed by POTW
Local Limits
Categorical Standards
Category Determination Request
Deadline for Compliance with Categorical Standards
Concentration and Mass Limits
Dilution
Combined Wastestream Formula
SUBPART
C:
REMOVAL CREDITS
Special
Definitions
Authority
Conditions for Authorization to Grant Removal Credits
Calculation of Revised Discharge Limits
Demonstration of Consistent Removal
Provisional Credits
Compensation for Overflow
Exception to POTW Pretreatment Program
Application for Removal Credits Authorization
Agency Review
Assistance of POTW
Continuation of Authorization
Modification or Withdrawal of Removal Credits
127—361
42
SUBPART D:
PRETREATMENT PERMITS
Section
310.400
310.401
310.402
310.403
310.410
310.411
310.412
310.
4 13
310. 414
310. 415
310.420
310.421
310.430
310.431
310.432
310.441
310.442
310.443
310.444
Section
310.501
310.502
310.503
310. 504
310.505
310.510
310.521
310.522
310. 524
310.531
310.532
310.533
310.541
310.542
310.543
310.544
310.545
310.546
310. 547
Section
310.601
310.602
310.603
310. 604
310. 605
310.606
Preamble
Pretreatment Permits
Time to Apply
Imminent Endangerment
Application
Certification of Capacity
Signatures
Site Visit
Completeness
Time Limits
Standard for Issuance
Final Action
Conditions
Duration of Permits
Schedules of Compliance
Effect of a Permit
Modification
Revocation
Appeal
SUBPART
E:
POTW
PRETREATMENT
PROGRAMS
Pretreatment
Programs
Required
Deadline for Program Approval
Incorporation of Approved Programs in Permits
Incorporation of Compliance Schedules in Permits
Reissuance or Modification of Permits
Pretreatment Program Requirements:
Development and
Implementation by POTW
Program Approval
Contents of Program Submission
Content of Removal Allowance Submission
Agency Action
Defective Submission
Water Quality Management
Deadline for Review
Public Notice and Hearing
Agency Decision
USEPA
Objection
Notice of Decision
Public Access to Submission
Appeal
SUBPART
F:
REPORTING REQUIREMENTS
Definition of Control Authority
Baseline Report
Compliance Schedule
Report on Compliance with Deadline
Periodic Reports on Compliance
Notice of Potential Problems
127—362
43
310.610
Monitoring and Analysis
310.611
Requirements for Non-Categorical Standard Users
3,10.612
Annual POTW Reports
310.613
Notification of Changed Discharge
310.621
Compliance Schedule for POTW’s
310.631
Signatory Requirements for Industrial User Reports
310.632
Signatory• Requirements for POTW Reports
310.633
Fraud and False Statements
310.634
Recordkeeping Requirements
310.635
Notification of Discharge of Hazardous Waste
SUBPART
G:
FUNDAMENTALLY
DIFFERENT
FACTORS
Section
310.701
Definition
of
Requester
310.702
Purpose
and
Scope
310.703
Criteria
310.704
Fundamentally Different Factors
310.705
Factors
which
are
Not
Fundamentally
Different
310.706
More Stringent State Law
310.711
Application Deadline
310.712
Contents of FDF Request
310.713.
Deficient Requests
310.714
Public Notice
310.721
Agency
Review
of
FDF
Requests
310.722
USEPA Review of FDF Requests
SUBPART H:
ADJUSTMENTS FOR POLLUTANTS IN INTAKE
Section
310.801
Net/Gross Calculation by USEPA
SUBPART I:
UPSETS
Section
310.901
Definition
310.902
Effect of an Upset
310.903
Conditions Necessary for an Upset
310.904
Burden of Proof
310.905
Reviewability of Claims of Upset
310.906
User Responsibility in Case of Upset
SUBPART J:
BYPASS
Section
310.910
Definition
310.911
Bypass Not Violating Applicable Pretreatment Standards
or Requirements
310.912
Notice
310.913
Prohibition of Bypass
SUBPART K:
MODIFICATION OF POTW PRETREATMENT PROGRAMS
Section
310.920
General
310.921
Procedures
310.922
Substantial Modifications
127—363
44
AUTHORITY:
Implementing and authorized by Sections
13,
13.3, and
27
of
the
Environmental
Protection
Act
(Ill.
Rev.
Stat.
1987,
ch.
111 1/2k,
par.
1013,
1013.3, and 1027 as amended by P.A.
85—
1048,
effective
January
1,
1989).
SOURCE:
Adopted
in P86-44 at 12
Ill. Peg.
2502,
effective
January
13,
1988;
amended
in
R88—18
at
13
.111.
Peg.
2463,
effective January 31,
1989; amended in R89-3
at 13
Ill. Peg.
19243, effective November 27,
1989; amended in P89-12 at 14
Ill.
Reg.
7608,
effective
May
8,
1990;
amended in P91-5 at
15 Ill.
Reg.
,
effective
SUBPART A:
GENERAL PROVISIONS
Section 310.103
Federal Law
a)
The Board intends that this Part be identical in
substance
with
the
pretreatment
requirements
of
the
Clean
Water
Act
(33
USC
1251
et
seq.)
and
United
States
Environmental
Protection
Agency
(USEPA)
regulations
at
40 CFR 401 et seq.
(1906).
b)
This
Part
will
allow
the
Agency
to
issue
pretreatment
permits, review POTW pretreatment plans and authorize
POTW’s to issue authorizations to discharge to
industrial
users
when
and
to
the
extent
USEPA
authorizes
the
Illinois
pretreatment
program
pursuant
to
the
Clean
Water
Act.
After
authorization the
requirements
of
the
Clean
Water
Act
and
40
CFR
401
et
seq.
will
continue
in
Illinois.
In
particular,
USEPA
will:
1)
Retain
the
right
to
request
information
pursuant
to
40
CFR
403.8(f)
(1036)
and
2)
Retain
the
right
to
inspect
and
take
samples
pursuant
to
40
CFR
403.12(1).
c)
This
Part
shall
not
be
construed
as
exempting
any
person
from
compliance,
prior
to
authorization
of
the
Illinois
pretreatment
program,
with
the
pretreatment
requirements of the Clean Water Act, USEPA regulations
and
NPDES
permit
conditions.
d)
POTW
pretreatment
programs
which
have
been
approved by
USEPA pursuant to 40 CFR 403
will
be deemed approved
pursuant to this Part, unless the Agency determines
that
it
is
necessary
to
modify
the
POTW
pretreatment
program
to
be
consistent
with
State
law.
1)
The Agency shall notify the POTW of any such
determination
within
60 days after approval of the
127—364
45
program by USEPA,
or within 60 days after USEPA
authorizes
the
Illinois
pretreatment
program,
whichever
is
later.
2)
If the Agency so notifies the POTW, the POTW will
apply
for
program
approval
pursuant
to
Section
310.501
et
seq.
e)
USEPA’s access to Agency records and information
in
possession
of
the
Agency
shall
be
governed
by
the
memorandum of agreement between USEPA and the Agency,
subject to confidentiality requirements in Section
310.105.
Section 310.105
Confidentiality
a)
Information and data provided to the control authority
pursuant to this Part which is effluent data shall be
available
to
the
public
without
restriction.
b)
With respect to the Board and Agency,
confidentiality
shall be governed by
35 Ill. Adm.
Code 120 and 161.
c)
The Agency and POTW’s shall make information available
to
the
public
at
least
to
the
extent
provided
by
40
CFP
2.302
(1990),
incorporated
by
reference
in
Section
310.107.
(Board NoteBOARD NOTE:
Derived from 40 CFP 403.14
(198-690)-)-.
Section
310.107
Incorporations
by
Reference
a)
The following publications are incorporated by
reference:
1)
The consent decree in NRDC v.
Costle,
12
Environment Reporter Cases 1833
(D.C.
Cir. August
16,
1978).
2)
Standard
Industrial
Classification
Manual
(1972),
and
1977
Supplement,
republished
in
1983,
available
from
the
Superintendent
of
Documents,
U.S.
Government
Printing
Office,
Washington,
D.C.
20401.
•b)
The following provisions of the Code of Federal
Regulations
are
incorporated
by
reference:
40 CFR 2.302
(198-9-90)
40 CFR 25
(19-8-9-90)
127—365
46
40 CFR 122, Appendix D, Tables
II and III
(19-8-0-~Q)
40 CFR 128.140(b)
(1977)
40 CFR 136
(198-9~Q)
40 CFR 403 (l98-9~)
40 CFR 403, Appendix D (19&9~)
c)
The following federal statutes are incorporated by
reference:
1)
Section 1001 of the Criminal Code
(18 U.S.C.
1001)
as of July
1,
1988
2)
Clean Water Act
(33 U.S.C.
1251 et seq.)
as of
July
1,
1988
3)
Subtitles C and D of the Resource Conservation and
Recovery Act (42 U.S.C. 6901 et seq.)
as of July
1,
1988
d)
This Part incorporates no future editions or
amendments.
(Source:
Amended at
15 Ill.
Peg.
,
effective
)
Section 310.110
Definitions
“Act” means the Environmental
Protection
Act
(Ill.
Rev.
Stat.
1987,
ch.
111
l/2~,
par.
1001
et seq.)
“Agency” means the
Illinois Environmental Protection
Agency.
“Approval Authority” means the Agency.
BOARD NOTE:
Derived from 40 CFR 403.3(c)
(l9&0-~).
“Approved POTW Pretreatment Program” or “Program” or
“POTW
Pretreatment
Program”
means
a
program
administered
by
a
POTW
whIch
has
been
approved
by
the
Agency
in
accordance
with
Sections
310.541
through
310.546.
BOARD
NOTE:
Derived
from
40
CFR
403.3(d)
(198-0-90).
“Authorization to discharge” means an authorization
issued to an industrial user by a POTW which has an
approved pretreatment program.
The authorization may
consist of a permit,
license, ordinance or other
mechanism as specified in the approved pretreatment
program.
127—366
47
“Blowdown” means the minimum discharge of recirculating
water for the purpose of discharging materials
contained in the water, the further buildup of which
would cause concentration in amounts exceeding limits
established by best engineering practice.
BOARD NOTE:
Derived from 40 CFR 401.11(p)
(198-990).
“Board” means the Illinois Pollution Control Board.
“CWA” means Federal Water Pollution Control Act,
also
known as the Clean Water Act, as amended,
incorporated
by reference in Section 310.107.
BOARD NOTE:
Derived from 40 CFR 403.3(b)
(198-990).
“Control authority”
is as defined in Section 310.601.
“Indirect Discharge” or “Discharge” means the
introduction of pollutants into a POTW from any non-
domestic source regulated under Section 307(b),
(c)
or
(d)
of the
CWA
(33 U.S.C.
1317(b),
(c)
or
(d)).
BOARD NOTE:
Derived from 40 CFR 403.3(g) (l9&9~).
“Industrial User”
or “User” means a source of indirect
discharge.
As used in this Part,
an “industrial user”
includes any person who meets any of the following
criteria:
Discharges toxic pollutants as defined by
35 Iii.
Adm. Code 307.1005.
Is subject to a categorical standard adopted or
incorporated by reference in 35 Ill.
Adm. Code
307.
Discharges more than 15
of the total hydraulic
flow received by the POTW treatment plant.
Discharges more than 15
of the total biological
loading of the POTW treatment plant as measured by
the 5-day biochemical oxygen demand.
Has caused pass through or interference.
Or,
Has presented an imminent endangerment to the
health or welfare of persons.
BOARD NOTE:
Derived from 40 CFR 403.3(h)
(198-0-90).
“Industrial wastewater” means waste of a liquid nature
discharged by an industrial user to a sewer tributary
to a POTW.
127—367
48
“Interference” means a discharge which,
alone or in
conjunction with a discharge or discharges from other
sources,
both:
Inhibits or disrupts the POTW,
its treatment
processes or operations, or its sludge processes,
use or disposal; and
Therefore is a cause of a violation of any
requirement of the POTW’s NPDES permit
(including
an increase in the magnitude or duration of a
violation) or of the prevention of sewage sludge
disposal in compliance with any “sludge
requirements.”
BOARD NOTE:
Derived from 40 CFR 403.3(i)
(198-92Q)
“Municipal sewage”
is sewage treated by a POTW
exclusive of its industrial component.
“Municipal sludge”
is sludge produced a POTW treatment
works.
“Municipality.”
See “unit of local government.”
“New source” means “new source” as defined in Section
310.111.
BOARD NOTE:
Derived from 40 CFP 401.11(c) and 403.3(k)
(l98-92Q).
“Nonc’ontact cooling water” means water used for cooling
which does not come into direct contact with any raw
material, intermediate product, waste product or
finished product.
BOARD
NOTE:
Derived
from
40
CFR
401.11(n)
(19S-9-~Q).
“Noncontact
cooling
water
pollutants”
means
pollutants
present
in
noncontact
cooling
waters.
BOARD NOTE:
Derived from 40 CFR 401.11(0)
(19&0-~Q).
“NPDES Permit” means a permit issued to a POTW pursuant
to
Section
402
of
the
CWA,
or
Section
l2(f~) of
the
Act
and 35 Ill. Adm. Code 309.Subpart A.
BOARD
NOTE:
Derived
from
40
CFR
403.3(1)
(198-990).
“0
and
M”
means
operation
and
maintenance.
“Pass
through”
means
a
discharge
of
pollutants
which
exits the POTW into waters of the State in quantities
or concentrations which,
alone or in conjunction with a
discharge or discharges from other sources,
is
a cause
of
a
violation
of
any
requirement
of
the
POTW’s
NPDES
permit
(including an increase in the magnitude or
12 7—368
49
duration
of
a
violation).
BOARD
NOTE:
Derived
from
40
CFR
403.3(n)
(198-9~Q).
“Person”
means
an
individual,
corporation,
partnership,
association,
State,
“unit
of
local
government”
or
any
interstate
body.
This
term
includes
the
United
States
government,
the
State
of
Illinois
and
their
political
subdivisions.
BOARD
NOTE:
Derived
from
40
CFR
401.11(m)
(198-990)
and
33 U.S.C.
1362(5).
“Pollutant” means dredged spoil, solid waste,
incinerator residue,
sewage, garbage, sewage sludge,
munitions,
chemical
wastes,
biological
materials,
radioactive materials, heat,
wrecked or discarded
equipment,
rock,
sand,
cellar
dirt
and
industrial,
municipal and agricultural waste discharged into a
sewer.
BOARD
NOTE:
Derived
from
40
CFR
401.11(f)
(198-990).
“Pollution”
means
the
man—made
or
man—induced
alteration
of
the
chemical,
physical,
biological
and
radiological
integrity
of
water.
BOARD
NOTE:
Derived
from
40
CFR
401.11(g)
(198-9~Q).
“POTW” means “Publicly Owned Treatment Works,” which is
defined below.
“POTW Treatment Plant” means that portion of the POTW
which is designed to provide treatment (including
recycling and reclamation)
of municipal sewage and
industrial
wastewater.
BOARD NOTE:
Derived from 40 CFR 403.3(p)
(19&9~Q).
“Pretreatment”
means
the
reduction
of
the
amount
of
pollutants,
the elimination of pollutants or the
alteration
of
the
nature
of
pollutant
properties
in
wastewater
prior
to
or
in
lieu
of
discharging
or
otherwise introducing such pollutants into
a POTW.
The
reduction
or
alteration
may
be
obtained
by
physical,
chemical
or
biological
processes,
process
changes
or
by
other
means,
except
as
prohibited
by
Section
310.232.
Appropriate
pretreatment
technology
includes
control
equipment,
such
as
equalization
tanks
or
facilities,
for protection against surges
or
slug
loadings
which
might interfere with or otherwise be incompatible with
the POTW.
However, where wastewater from a regulated
process
is
mixed
in
an
equalization
facility
with
unregulated
wastewater
or
with
wastewater
from
another
regulated
process,
the
effluent
from
the
equalization
facility
must
meet
an
adjusted
pretreatment
limit
calculated
in
accordance
with
Section
310.233.
BOARD NOTE:
Derived from 40 CFP 403.3(q)
(19S-9.~Q).
127—369
50
“Pretreatment
permit”
means
an
authorization
to
discharge to a sewer which is issued by the Agency as
the control authority.
“Pretreatment requirements” means any substantive or
procedural requirement related to pretreatment, other
than a pretreatment standard,
imposed on an industrial
user.
BOARD NOTE:
Derived from 40 CFR 403.3 (r)
(l98-9-~).
“Pretreatment standard,” or “standard” means any
regulation containing pollutant discharge limits
promulgated by tJSEPA, and incorporated by reference in
35 Ill.
Adm. Code 307.
This term includes prohibitive
discharge limits established pursuant to Section
310.201 through 310.213 or 35
Ill. Adm.
Code 307.1101.
This term also includes mOre stringent prohibitions and
standards adopted by the Board in this Part or 35
Ill.
Adni. Code 307, including 35 Ill. Adm. Code 307.1101,
307.1102 and 307.1103.
The term also includes local
limits pursuant to Section 310.211 which are a part of
an approved pretreatment program.
BOARD NOTE:
Derived from 40 CFR 403.3(j)
(l98-9~Q).
“Process wastewater” means any water which,
during
manufacturing or processing,
comes into direct contact
with or results from the production or use of any raw
material, intermediate product, finished product, by-
product or waste product.
BOARD NOTE:
Derived from 40 CFP 401.11(q) (19~~Q).
“Process wastewateL- pollutants” means pollutants
present in process wastewater.
BOARD NOTE:
Derived from 40 CFR 401.11(r)
(198-990).
“Publicly owned treatment works” or “POTW” means
a
“treatment works” which is owned by the State of
Illinois or a “unit of local government.”
This
definition includes any devices and systems used in the
storage, treatment, recycling and reclamation of
municipal sewage or industrial wastewater.
It also
includes sewers, pipes and other conveyances only if
they convey wastewater to a POTW treatment plant.
The
term also means the “unit of local government” which
has jurisdiction over the indirect discharges to and
the discharges from such a treatment works.
BOARD NOTE:
Derived from 40 CFR 403.3(o)
(198-990).
“Schedule of compliance” means a schedule of remedial
measures included in an authorization to discharge or
a
pretreatment permit,
or an NPDES permit, including an
enforceable sequence of interim requirements
(for
127—3 70
51
example,
actions, operations or milestone events)
leading
to
compliance
with
this
Part
and
35
Ill.
Adm.
Code 307.
A
schedule
of
compliance
does
not
protect
an
industrial
user
or
POTW
from
enforcement.
BOARD
NOTE:
Derived-from
40
CFR
401.11(m)
(196-990)
and
33
U.S.C.
1362(17).
“Significant
industrial
user”
means
as
follows:
All
industrial
users
subject
to
categorical
pretreatment
standards
under
Section
310.220
through 310.233 and 35
Ill. Adm. Code 307,
and
Any other industrial user that discharges an
average of 25,000 gallons per day or more of
process wastewater to the POTW (excluding
sanitary, noncontact cooling and boiler blowdown
wastewater)-; contributes a process wastestream
which makes up five percent or more of the average
dry weather hydraulic or organic capacity
of.. the
POTW treatment plant; or
is- designated as such by
the control authority, as defined in Section
310.601,
on
the
basis
that
the
industrial
user
has
a reasonable potential for adversely affecting the
POTW’s operation or for violating any pretreatment
standard or requirement
(in accordance with
Section 310.510(f)); except,
upon
a finding that
an industrial user meeting the criteria of this
subsection has no reasonable potential for
adversely affecting the POTW’s operation of for
violating any pretreatment standard or
requirement, the control authority,
as defined in
Section 310.601, may at any time,
on its own
initiative or
in response to
a petition received
from an industrial user or POTW may determine in
accordance with Section 310.510(f)
that such
industrial user
is not a significant industrial
user.
BOARD NOTE:
Derived from 40 CFR 403.3(t)
(1989)L
as added at 55 Fed.
Req.
30129, July 24,
1990.
“Sludge
requirements”
means
any
of
the
following
permits
or
regulations:
35
Ill.
Adm. Code 309.155
(NPDES
Permits),
309.208
(Permits
for
Sites
Receiving
Sludge
for
Land
Application),
703.121
(PCRA Permits),
807.202
(Solid
Waste
Permits),
the
Toxic
Substances
Control
Act
(15
U.S.C.
2601)
or
the
Marine
Protection,
Research
and
Sanctuaries
Act
(33
U.S.C.
1401),
Section
39(b)
of
the
Act
(NPDES
Permits),
and
Section
405(b)
of
the Clean Water Act
(federally-imposed sludge use and
management requirements).
BOARD
NOTE:
Derived
from
40
CFP
40-3.3(i)
and
403.7(a)
(198-9-90).
12 7—371
52
“Submission”
means
a
request
to
the
Agency
by
a
POTW
for approval of a pretreatment program, or for
authorization
to
grant
removal
credits.
BOARD
NOTE:
Derived
from
40
CFR
403.3(t)
(198-990).
“Treatment
works”
is
as
defined
in
33
U.S.C.
1292(2)
(1987).
It
includes
any
devices
and
systems
used
in
the
storage,
treatment,
recycling
and
reclamation
of
municipal or industrial wastewater to implement 33
U.S.C.
1281, or necessary to recycle or reuse water at
the
most
economical
cost
over
the
estimated
life
of
the
works,
including
intercepting
sewers,
outfall
sewers,
sewage
collection
systems,
pumping,
power
and
other
equipment.
BOARD
NOTE:
Derived
from
40
CFP
403.3(o)
(198-990)
and
33
U.S.C.
1292(2).
“Unit of local government” means a unit of local
government,
as
defined
by
Art.
7,
Sec.
1
of
the
Illinois
Constitution,
having
jurisdiction
over
disposal
of
sewage.
“Unit
of
local
government”
includes,
but
is
not
limited
to,
municipalities
and
sanitary
districts.
BOARD
NOTE:
Derived
from
40
CFR
401.11(m)
(198-990)
and
33
U.S.C.
1362(4).
“USEPA” means the United States Environmental
Protection
Agency.
(Source:
Amended at 15
Ill.
Reg.
,
effective
SUBPART
B:
PRETREATMENT
STANDARDS
Section 310.201
General Prohibitions
a)
No
industrial
user
shall
introduce
into
a
POTW
any
pollutant
which
causes
pass
through
or
interference.
b)
Affirmative
defenses.
An
industrial
user
has
an
affirmative
defense
in
any
action
brought
against
it
alleging
a
violation
of
subsection
(a)
or
35111.
Adm.
Code
307.Subpart
B307.l101(b)
(6)
through
(b) (9)
or
(b)
(11)
through
(b) (12)
if
the
industrial
user
demonstrates
that:
1)
The
industrial
user
did
not
know
or
have
reason
to
know
that
its
discharge,
alone
or
in
conjunction
with
a
discharge
or
discharges
from
other
sources,
would
cause
pass
through
or
interference;
and
2)
Either:
127—372
53
A)
The
POTW
developed
in
accordance
with
Section
310.210
a
local
limit
which
was
designed
to
prevent
pass
through
or
interference
for
each
pollutant
in
the
industrial
user’s
discharge
which
caused
pass
~through
or
interference,
and
the
industrial
user
was
in
compliance
with
each
such
local
limit
immediately
prior
to
and
during
the
pass
through
or
interference;
or
B)
If
the
POTW
has
not
developed
in
accordance
with
Section
310.210
local
limits
which
are
designed
to
prevent
pass
th-rough
or
interference
for
the
pollutants
which
caused
the
pass
through
or
interference,
the
industrial user’s discharge immediately prior
and during the pass through or interference
did not change substantially in nature or
consitutents
from
the
industrial
user’s
prior
discharge
activity
during
which
the
POTW
was
regularly
in compliance with the POTW’s NPDES
permit requirements and,
in the case of
interference, sludge requirements.
C)
These general prohibitions and the specific
prohibitions in Section 310.202 apply to each
industrial user introducing pollutants into
a POTW
whether
or
not
the
industrial
user
is
subject
to
other
pretreatment standards or any national, state or local
pretreatment requirements.
(Board NoteBOARD NOTE:
Derived from 40 CFR 403.5(a)
(l9&6~), as amended at
5-2-5 Fed.
Peg.
160030129,
January 14, 1037)July 24,
1990.
(Source:
Amended at 15
Ill.
Reg.
,
effective
)
Section 310.202
Specific Prohibitions
No person shall cause or allow the introduction into, a POTS of
the pollutants specified in 35
Ill. Adm. Code 307.Subpart
8-1101(b)
(Board
NoteBOARD
NOTE:
Derived
from
40
CFR
403.5(b)
(198-690).
(Source:
Amended at
15 Ill. Reg.
,
effective
Section 310.210
Specific Limits Developed by POTW
a)
Each POTW which
is required to develop a pretreatment
127—373
54
program
shall,
as
part
of
the
program,
develop
and
enforce
specific
limits
to
implement
the
prohibitions
listed
in
Sections
310.201(a)
and
310.202.
Each
POTW
with
an
approved
pretreatment
program
shall
continue
to
develop
these
limits
as
necessary
and
to
effectively
enforce
such
limits.
-
b)
POTW’s
which
are
not
required
to
develop
a
pretreatment
program shall,
in cases where pollutants contributed by
one or more industrial users result in interference or
pass
through,
and
such
violation
is
likely
to
recur,
develop
and
enforce
specific
discharge
limits
for
industrial
users,
which,
together
with
appropriate
changes
in
the
POTW
treatment
plant’s
facilities
or
operation,
are
necessary
to
ensure
renewed
and
continued
compliance
with
the
POTW’s
NPDES permit,
and
sludge requirements.
c)
Prior
to
developing
specific
discharge
limits,
POTW’s
shall give, to persons or groups which have requested
notice,
individual notice and an opportunity to
respond.
d)
The POTW shall base limitations developed pursuant to
this Section on the characteristics and treatability of
the wastewater by the POTW,
effluent limitations which
the POTW must meet, sludge requirements, water quality
standards in the receiving stream and the pretreatment
standards and requirements of this Part and 35 Ill.
Adm. Code 307.
(Board N0teBOAPD NOTE:
Derived from 40 CFR 403.5(c)
(198-690),
as amended at
5-2-fl
Fed.
Reg.
160030129,
January
14,
1907)-July 24,
1990.
(Source:
Amended at 15 Ill. Peg.
,
effective
Section 310.220
Categorical Standards
Pretreatment standards specifying quantities or concentrations of
pollutants or pollutant properties which may be discharged to
a
POTW by existing or new industrial users
in specific industrial
subcategories will be established as separate regulations under
35
Ill. Adm. Code 307.
These standards, unless specifically
noted otherwise, shall be in addition to the general prohibitions
established in Sections 310.201 through 210.2llthe standards and
requirements set forth at 35
Ill. Adm. Code 307.1101 and 310.
(Board NoteBOARD NOTE:
Derived from 40 CFR 403.6 preamble
(198-6-3-~), as amended at 55 Fed. Reg.
30129. July 24,
1990.
(Source:
Amended at
15 Ill. Reg.
,
effective
127—3 74
55
)
Section 310.221
Category Determination Request
a)
Application
deadline-.
1)
The industrial user or POTW may request that the
Agency
provide
written
certification
as
to
whether
the
industrial
user
falls
within
that
particular
subcategory.
If an existing industrial user adds
or
changes
a
process
or
operation
which
may
be
included
in
a
subcategory,
the
existing
industrial
user
shall
request
this
certification
prior
to
commencing discharge from the added or changed
processes
or
operation.
With respect to new
standards:
A)
The
POTW or
industrial
user
shall
direct
to
USEPA any category determination requests for
pretreatment standards adopted by -USEPA prior
to
authorization
of
the
Illinois
program.
B)
After
authorization
of
the
Illinois
program,
the POTW or industrial user shall direct to
the Agency any category determination
requests
within
60
days
after
the
Board
adopts or incorporates by reference a
pretreatment standard for a subcategory under
which an industrial user may be included.
2)
A
new
source
shall
request
this
certification
prior
to
commencing
discharge.
3)
If
a
request
for
certification
is
submitted
by
a
POTW,
the POTW shall notify any affected
industrial
user
of
such
applications.
The
industrial user may provide written comments on
the POTW submissions to the Agency within 30 days
of
notification.
b)
Contents
of application.
Each request shall contain a
statement:
1)
Describing
which
subcategories
might
be
applicable;
and
2)
Citing evidence and reasons why a particular
subcategory is applicable and why others are not
applicable.
Any
person
signing
the
application
statement
submitted
pursuant
to
this
Section
shall
make
the
following
certification:
I
certify
under
penalty
of law that this
12 7—375
56
document and all attachments were prepared
under
my
direction
or
supervision
in
accordance
with
a
system
designed
to
assure
that
qualified
personnel
properly
gather
and
evaluate the information submitted.
Based on
my
inquiry
of
the
person
or
persons
who
manage
the
system
or
those
persons
directly
responsible
for
gathering
the
information,
the
information
submitted
is,
to
the
best
of
my
knowledge
and
belief,
true,
accurate
and
complete.
I
am
aware
that
there
are
significant
penalties
for
submitting
false
information,
including the possibility of
fine and imprisonment for knowing violations.
c)
Deficient requests. The Agency shall act only on
written requests for determinations which contain all
of
the
information
required.
The
Agency
shall
notify
persons who have made incomplete submissions that their
requests
are
deficient
and-that,
unless
the
time
period
is
extended,
they
have
30
days
to
correct
the
deficiency.
If
the
deficiency
is
not
corrected
within
30 days or within an extended period allowed by the
Agency,
the
Agency
shall
deny
the
request
for
a
determination.
d)
Final determination.
1)
When the Agency receives a submission,
the Agency
shall,
if
it determines that the submission
contains all of the information required by
subsection
(b), consider the submission, any
additional evidence that may have been requested
and any other available information relevant to
the request.
The Agency shall then make a written
determination of the applicable subcategory and
state the reasons for the determination.
2)
The Agency shall forward the determination
described in subsection
(d) (1)
to USEPA.
If USEPA
does not modify the Agency’s decision within 60
days after its receipt, the Agency’s decision is
final.
3)
If USEPA modifies the Agency’s decision, USEPA’s
decision will be final.
4)
The Agency shall send.a copy of the determination
to the affected industrial user and the POTW.
If
the final determination is made by USEPA,
the
Agency shall send a copy of the determination to
the user.
12 7—376
57
e)
Requests
for
hearing
or
legal
decision.
1)
Within
30 days following the date of receipt of
notice
of
the
final
determination
as
provided
for
by
subsection
(d) (4),
the
requester
may
submit
a
petition
to
reconsider
or
contest
the
decision
to
USEPA,
which
will
act
pursuant
to
40
CFR
403.6(a)
(5).
2)
Within
35
days
following
the
date
of
receipt
of
notice
of
the
final
determination
as
provided
for
by
subsections
(C),
(d) (2)
or
(d) (4),
the
requester may appeal a final decision made by the
Agency
to
the
Board.
BOARD NOTE:
Derived from 40 CFR 403.6(a)
(198-8-~Q),
as
amended
at
53
Fed.
Peg.
40611,
October
17,
1988.
(Source:
Amended at 15
Ill. Peg.
,
effective
Section 310.222
Deadline for Compliance with Categorical
Standards
a)
If
a
compliance
date
for
an
existing
or
new
source
categorical
pretreatment
standard
is
adopted
or
incorporated by reference in 35
Ill. Adm. Code 307,
then
industrial
users
shall
comply
with
the
standard
by
the following times,
whichever is last:
1)
The date specified or incorporated by reference;
or
2)
The date the Board adopts or incorporates the
standard by reference;
or
3)
The date USEPA approves the Illinois pretreatment
program.
b)
If no compliance date for a categorical pretreatment
standard
is
adopted
or
incorporated
by
reference
in
35
Ill. Adm. Code 307, then industrial users shall comply
with
the
standard
by
the
following
times, whichever is
last:
1)
The date the Board adopts or incorporates the
standard
by
reference;
or
2)
The
date
USEPA
approves
the
Illinois
pretreatment
program.
c)
This Section shall not be construed as extending
127—377
58
compliance dates for enforcement of categorical
pretreatment
standards
pursuant
to
statutes
and
regulations
existing
prior
to
authorization
of the
Illinois pretreatment program.
BOARD NOTE:
Derived from 40 CFR 403.6(b)
(198-8-90),
as
amended at 53 Fed. Peg.
40611, October 17,
1938.
(Source:
Amended at 15 Ill. Reg.
,
effective
)
Section 310.230
Concentration and Mass Limits
a)
Pollutant
discharge
limits
in
categorical
pretreatment
standards will be expressed either as concentration or
mass
limits.
Limits
in
categorical
pretreatment
standards
shall
apply
to
the
discharge from the process
regulated by the standard or as otherwise specified by
the
standard.
b)
When
the
limits
in
a
categorical
pretreatment
standard
are expressed only in terms of mass of pollutant per
unit of production, the control authority may convert
the limits to equivalent limitations expressed either
as mass of pollutant discharged per day or effluent
concentration for purposes of calculating effluent
limitations applicable to individual industrial users.
c)
A
control
authority
calculating
equivalent
mass-per-
day limitations under subsection
(b)
shall calculate
such
limitations
by
multiplying
the
limits in the
standard
by
the
industrial
user’s
average
rate
of
production.
This average rate of production shall
be
based
not
upon
the
designed
production
capacity,
but
rather
upon
a
reasonable
measure
of
the
industrial
user’s
actual
long—term
daily
production
during
a
representative
year.
For
new
sources,
actual
production
shall
be
estimated
using
projected
production.
d)
A
control
authority
calculating
equivalent
concentration
limitations
under
subsection.
(b)
shall
calculate
such
limitations
by
dividing
the
mass
limitations
derived
under
subsection
(c)
by
the
average
daily
flow
rate
of
the
industrial
user’s
regulated
process wastewater.
This average daily flow rate must
be
based
upon
a
reasonable
measure
of
the
industrial
user’s actual long—term average flow rate,
such as the
average
daily
flow
rate
during
the
representative
year.
e)
Equivalent
limitations
calculated
in
accordance
with
subsections
(c) and
(d) are deemed pretreatment
standards.
Industrial
users
shall
be required to
127—378
59
comply with the equivalent limitations instead of -the
promulgated
categorical
standards
from
which
the
equivalent
limitations
were
derived.
f)
Many categorical pretreatment standards specify one
limit
for
calculating
maximum
daily
discharge
limitations
and
a
second
limit
for
calculating
maximum
monthly
average
or
4—day
average,
limitations.
Where
such standards are being applied, the same production
of
flow
figure
shall
be
used
in
calculating both types
of
equivalent
limitations.
g)
Any industrial user operating under a control mechanism
incorporating equivalent mass or concentration limits
calculated
from
a
production
based
standard
shall
notify the control authority within two
(2) business
days
after
the
user
has
a
reasonable
basis
to
know
that
the
production
level
will
significantly
change
within
the next calendar month.
Any user not notifying the
control authority of such anticipated change will be
required
to
meet
the mass or concentration limits in
its control mechanism that were based on the original
estimate of the long term average production rate.
BOARD NOTE:
Derived from 40 CFR 403.6(c)
(19-8-8-90),
as
amended at 53
Fed. Peg.
40611,
October 17,
1930.
(Source:
Amended at 15
Ill. Peg.
,
effective
Section 310.232
Dilution
Except
where
expressly
authorized to do so by an applicable
categorical pretreatment standard or requirement,
no industrial
user shall increase the use of process water or,
in any other
way, attempt to dilute a discharge as a partial or complete
substitute for adequate treatment to achieve compliance with a
pretreatment standard or requirement.
The control authority may
impose mass limitations on industrial users which are using
dilution to meet applicable pretreatment standards or in other
cases where the imposition of mass limitations is appropriate.
POTW’s may allow dilution to meet local limits developed un’der
Section 310.210.
BOARD NOTE:
Derived from 40 CFR 403.6(d) (l9&&~Q),as
-~
53
Fed.
Peg.
40611,
October
17,
1900.
(Source:
Amended at 15
Ill. Peg.
,
effective
Section 310.233
Combined Wastestream Formula
Where process wastewater is mixed prior to treatment with
12 7—379
60
wastewaters
other
than
those
generated
by
the
regulated
process,
the
control
authority
shall
derive
fixed
alternative
discharge
limits,
which the control authority shall apply to the mixed
discharge.
When
it
is
deriving
alternative
categorical
limits,
the control authority shall calculate both an alternative daily
maximum value using the daily maximum values specified in the
appropriate
categorical
pretreatment
standards
and
an
alternative
consecutive
sampling
day
average
value
using
the
average
monthly
values
specified
in
the
appropriate
categorical
pretreatment
standards.
The
industrial
user
shall
comply
with
the
alternative
daily ma~~imum
and average monthly limits fixed by the control
authority until the control authority modifies the limits or
approves an industrial user modification request.
Modification
is authorized whenever there
is a material or significant change
in the values used in the calculation to fix alternative limits
for
the
regulated
pollutant.
An
industrial
user
shall
immediately
report
any
such
material
or
significant
change to the
control authority.
Where appropriate, the control authority
shall calculate new alternative categorical limits within 30
days.
a)
Alternative
limit
calculation.
For
purposes
of
these
formulas, the “average daily flow” means a reasonable
measure of the average daily flow for a 30-day period.
For
new
sources,
flows
shall
be
estimated
using
projected
values.
The
control
authority
shall
derive
the
alternative
limit
for
a
specified
pollutant
by
the
use
of
either
of
the
following
formulas:
1)
Alternative
concentration
limit.
C
=
(T—D)SUN(CiFi)
/
(T)SUN(Fi)
where
C
=
The alternative concentration limit for
the
combined
wastestream.
Ci
=
The
categorical
pretreatment
standard
concentration
limit
for
a
pollutant
in
the
regulated
stream
i.
Fi
=
The average daily flow
(at least a 30-
day
average)
of
stream
i
to
the
extent
that
it is regulated for such pollutant.
“SUM(Gi)”
means
the
sum
of
the
results
of
calculation
G
for
streams
i
=
1
to
i
=
N.
N
=
The total number of regulated streams.
T
=
The average daily flow
(at least a 30-
day
average)
through
the
combined
12 7—380
61
pretreatment
facility
(includes
Fi,
D
and
unregulated
streams.
D
=
The average daily flow (at least a 30-
day average)
from:
A)
Boiler blowdown streams, non—contact cooling
streams, stormwater streams and demineralizer
backwash streams, subject to the proviso of
subsection
(d); and
B)
Sanitary wastestreams where such wastestreams
are not regulated by a categorical
pretreatment standard; and,
C)
From any process wastestreams which were or
could have been entirely exempted from
categorical pretreatment standards as
specified in subsection
(e).
2)
Alternative mass limit.
M
=
(T-D)SUM(Ni)
/
SUN(Fi)
where
M
=
The alternative mass limit for a
pollutant in the combined wastestream.
Mi
=
The categorical pretreatment standard
mass limit for a pollutant in the regulated
stream i
(the categorical pretreatment mass
limit multiplied by the appropriate measure
of production).
Fi
=
The average daily flow
(at least a 30-
day average)
of stream
i to the extent that
it
is regulated for such pollutant.
“SUM(Gi)” means the sum of the results of
calculation G for streams
i
=
1 to
i
=
N.
N
=
The total number of regulated streams.
T
=
The average daily flow (at least a 30-
day average) through the combined
pretreatment facility (includes Fi,
D and
unregulated stream-s.
D
=
The average daily flow (at least a 30-
day average)
from:
A)
Boiler blowdown streams, non—contact cooling
12 7—38
1
62
streams,
stormwater
streams
and
demineralizer
backwash
streams
subject
to
the
proviso
of
subsection
(d);
and
B)
Sanitary
wastestreams
where
such
wastestreams
are
not
regulated
by
a
categorical
pretreatment
standard;
and,
C)
From
any
process
wastestreams
which
were
or
could
have
been
entirely
exempted
from
categorical
pretreatment
standards
as
specified
in
subsection
(e).
b)
Alternative
limits
below
detection.
An
alternative
pretreatment
limit
shall
not
be
used
if
the
alternative
limit is below the analytical detection limit for any
of
the
regulated
pollutants.
c)
Self-monitoring.
Self—monitoring
required
to
insure
compliance
with
the
alternative
categorical
limit
shall
be
as
follows:
1)
The
type
and
frequency
of
sampling,
analysis
and
flow
measurement
shall
be
determined
by
reference
to
the
self—monitoring
requirements
of
the
appropriate
categorical
pretreatment
standards.
2)
Where
the
self-monitoring
schedules
for
the
appropriate
standards
differ,
monitoring
shall
be
done
according
to
the
most
frequent
schedule.
3)
Where
flow
determines
the
frequency
of
self-
monitoring in a categorical pretreatment standard,
the
sum
of
all
regulated
flows
(Fi)
is
the
flow
which shall be used to determine self-monitoring
frequency.
d)
Proviso
to
subsections
(a)
(1)
and
(a)
(2).
Where
boiler
blowdown,
non—contact
cooling
streams,
storinwater
streams
and
demineralizer
backwash
streams
contain
a
significant
amount
of
a
pollutant
and
the
combination
of
such
streams,
prior
to
pretreatment,
with
the
industrial
user’s
regulated
process
wastestreams
will
result in a substantial reduction of that pollutant,
the
control
authority,
upon
application
of
the
industrial
user,
shall
determine
whether
such
wastestreams
should
be
classified
as
diluted
or
unregulated.
In
its
application
to
the
control
authority,
the industrial user shall provide
engineering,
production,
sampling
and
analysis
and
such
other information so the control authority can make its
determination.
12 7—382
63
e)
Exemptions
from
categorical
pretreatment
standards.
Process
wastestreams
were
or
could
have
been
entirely
exempted
from
categorical
pretreatment
standards
pursuant
to
paragraph
8
of
the
NRDC
v.
Costle
consent
decree,
incorporated,
by
reference in Section 310.107,
for one or more of the following reasons
(see 40 CFR
403, Appendix D,
incorporated by reference in Section
310.107.):
1)
The pollutants of concern are not detectable in
the discharge from the industrial user;
2)
The pollutants of concern are present only in
trace amounts and are neither causing nor are
likely to cause toxic effects;
3)
The pollutants of concern are present in amounts
too small to be effectively reduced by
technologies known to USEPA;
4)
The wastestream contains only pollutants which are
compatible with the POTW.
f)
Where a treated regulated process wastestream is
combined prior to treatment with wastewaters other than
those generated by the regulated process, the
industrial user may monitor either the segregated
process wastestream or the combined wastestream for the
purpose of determining compliance with applicable
pretreatment standards.
If the industrial user chooses
to monitor the segregated process wastestream,
it shall
apply the applicable categorical pretreatment standard.
If the user chooses to monitor the combined
wastestream,
it shall apply an alternative discharge
limit calculated using the combined wastestream formula
as provided in this Section.
The industrial user may
change monitoring points only after receiving approval
from the control authority.
The control authority
shall ensure that any change in an industrial user’s
monitoring point or points will not allow the user to
substitute dilution for adequate treatment to achieve
compliance with applicable standards.
BOARD NOTE:
Derived from 40
CFR
403.6(e)
(198-8-90),
as
amended at 53
Fed.
P~rf~
40611-
October 17,
1980.
(Source:
Amended at 15
Ill. Peg.
,
effective
SUBPART
C:
REMOVAL CREDITS
Section 310.330
Exception to POTW Pretreatment Requirement
127 —383
64
A
POTW
required
to
develop
a
local
pretreatment
program
under
Subpart
~
may
grant
removal
credits
conditionally
pending
approval
of
such
a
program
in
accordance
with
the
following
terms
and
conditions:
a)
All
industrial
users
who
are
currently
subject
to
a
categorical
pretreatment
standard
and
who
wish
to
receive
conditionally
a
removal
credit
shall
submit
to
the
POTW
the
information
required
by
Section
310.602(a)-(g)
(except
new
or
modified
industrial
users
must
only
submit
the
information
required
by
Section
310.602(a)—(f)),
pertaining
to
the
categorical
pretreatment
standard
as
modified
by
the
removal
credit.
The
industrial
users
shall
indicate
what
additional
technology,
if
any,
will
be
needed
to
comply
with the categorical pretreatment standard as modified
by
the removal credit;
b)
The POTW must have submitted to the Agency an
application
for
pretreatment
program
approval
meeting
the
requirements
of
Subpart
-D~in
a
timely
manner,
not
to
exceed
the
time
limitations
set
forth
in
a
compliance
schedule
for
development
of
a
pretreatment
program
included
in
the
POTW’s
NPDES
permit.
c)
The
POTW
shall:
1)
Compile
and
submit
data
demonstrating
its
consistent
removal;
2)
Comply
with
the
conditions
specified
in
Section
310.303;
and
3)
Submit
a
complete
application
for
removal
credit
authority in accordance with Section 310.340.
d)
If
a
POTW
receives
authority
to
grant
conditional
removal
credits
and
the
Agency
subsequently
makes
a
final
determination,
after
appropriate
notice,
that
the
POTW
failed
to
comply
with
the
conditions
in
subsections
(b)
and
(c),
the
Agency
shall
-terminate
the
authority
to
grant
conditional
removal
credits
and
all
industrial
users
to
whom
the
revised
discharge
limits
had
been
applied
shall
achieve
compliance
with
the
applicable
categorical
pretreatment
standards
within
a
reasonable
time,
not
to
exceed
the
period
of
time
prescribed
in
the
applicable
categorical
pretreatment
standard.
e)
If a POTW grants conditional removal credits and the
POTW or
the
Agency
subsequently
makes
a
final
determination, after appropriate notice, that the
127—384
65
industrial
user
failed
to
comply
with
the
conditions
in
subsection
(a),
the
POTW
or
Agency
shall
terminate
the
conditional
credit
for
the
non-complying
industrial
user
and
the
industrial
user
to
whom
the
revised
discharge
limits
had
been
applied
shall
achieve
compliance
with
the
applicable
categorical
pretreatment
standard
within
a
reasonable
time,
not
to
exceed
the
period
of
time
prescribed
in
the
applicable
categorical
pretreatment
standard.
The
conditional
credit
shall
not
be
terminated
where
a
violation,
of
the
provisions
of
this
Section
results
from
causes
entirely
outside
of
the
control
of
the
industrial
user
or
the
industrial
user
has
demonstrated
substantial
compliance.
f)
The Agency may elect not to review an application for
conditional
removal
credit
authority
upon
receipt
of
such
application,
in
which
case
the
conditionally
revised discharge limits remain in effect until
reviewed by the- Agency.
This review may occur at any
time
in
accordance
with
the
procedures
of
Section
310.541 through Section 310.547, but in any event no
later than the time of any pretreatment program
approval
or
any
NPDES
permit
reissuance.
(Board
NoteBOARD
NOTE:
Derived
from
40
CFR
403.7(d)
(198-6~Q)-)-.
SUBPART
E:
POTW
PRETREATMENT
PROGRAMS
Section 310.510
Pretreatment Program Requirements~
Development and Implementation by POTW
A
POTW
pretreatment
program
shall
meetbe
based
on
the
following
requirementslegal authority and include the following procedures,
and these authorities and procedures shall at all times be fully
and effectively exercised and implemented:
a)
Legal
authority.
The
POTW
shall
operate
pursuant
to
legal
authority
enforceable
in
federal,
state
or
local
courts,
which
authorizes
or
enables
the
POTW
to
apply
and
to
enforce
the
requirements
of
this
Part
and
‘35
Ill.
Adm. Code
307.
Such
authority
may
be
contained
in
a
statute,
ordinance
or
series
of
joint
powers
agreements
which
the
POTW
is
authorized
to
enact,
enter
into or implement, and which are authorized
by
State
law.
At
a
minimum,
this
legal
authority
shall
enable
the
POTW
to:
1)
Deny
or
condition
new
or
increased
contributions
of
pollutants
or
changes
in
the
nature
of
pollutants, to the
POTW by
industrial users where
such
contributions
do
not
meet
applicable
127—385
66
pretreatment
standards
and
requirements
or
where
such
contributions
would
cause
the
POTW
to’ violate
its
NPDES
permit;
2)
Require
compliance
with
applicable
pretreatment
standards
and
requirements
by
industrial
users;
3)
Control,
through
ordinance,
permit
order
or
similar
means,
the
contribution
to
the
POTW
by
each
industrial
user
to
ensure
compliance
with
applicable
pretreatment
standards
and
requirements,
and
in
the
case
of
each
significant
industrial
users,
as
defined
at
35
Ill.
Adm.
Code
310.110,
this
control
shall
be
achieved
through
permits
or
equivalent
individual
control
mechanisms
issued
to
each
such
user;
such
control
mechanisms must be enforceable and contain,
at a
minimum,
the
following
conditions:
~j
A
statement
of
duration
(in
no
case
more
than
five
years):
~j
A
statement
of
non-transferability
without,
at a minimum, prior notification to the POTW
and provision of a copy of the existing
control
mechanism
to
the
new
owner
or
operator
çj
Effluent limits based on applicable general
pretreatment standards in this Part and
35
Ill.
Adm. Code
307,
categorical pretreatment
standards,
local
limits,
and
local
law
Qj
Self-monitoring,
sampling,
reporting,
notification and recordkeeping requirements,
including
an
identification
of
the
pollutants
to
be
monitored,
sampling
location,
sampling
frequency,
and
sample
type,
based
on
the
applicable
general
pretreatment
standards
of
this
Part
403
and
35
Ill.
Adm. Code 307,
categorical pretreatment standards,
local
limits,
and local
law; and
~j
A
statement of applicable civil and criminal
penalties
for
violation
of
pretreatment
standards
and
requirements,
and
any
applicable
compliance
schedule;
however,
such
schedules
may
not
extend
the
compliance
date
beyond
applicable
federal
deadlines
4)
Require:
A)
The
development
of
a
compliance
schedule
by
127—3 86
67
each industrial user for the installation of
technology
required
to
meet
applicable
pretreatment
standards
and
requirements;
and
B)
The
submission
of
all
notices
and
self-
monitoring
reports
from
industrial
users
as
are
necessary
to
assess
and
assure
compliance
by
industrial users with pretreatment
standards
and
requirements,
including,
but
not
limited,
to
the
reports
required
in
Subpart
F;
5)
Carry out all inspection,
surveillance and
monitoring
procedures
necessary
to
determine,
independent
of
information
supplied
by
industrial
users,
compliance
or
noncompliance
with
applicable
pretreatment
standards
and
requirements
by
-
industrial
users.
Representatives
of
the
POTW
shall be authorized to enter any premises of any
industrial
user
in
which
a
discharge
source
or
treatment system
is located or in which records
are
required
to
be
kept
under
Section
310.634
to
assure
compliance
with
pretreatment
standards.
Such
authority
shall
be
at
least
as
extensive
as
the
authority
provided
under
Section
308
of
the
CWA;
6)
Obtain
remedies
for
noncompliance
by
any
industrial
user
with
any
pretreatment
standard
or
requirement--:
A)
All
POTW’s
shall
be
able
to
seek
injunctive
relief for noncompliance
by
industrial users
with
pretreatment
standards
or
requirements.
All
POTW’s
shall
also
have
authority
to
seek
or assess civil or criminal penalties in at
least
the
amount
of
$1000
a
day
for
each
violation
by
industrial
users
of
pretreatment
standards
and
requirements.
POTW’s
whose
approved
pretreatment
programs
require
modification to conform to the requirements
of this subsection shall submit
-a request by
November
16,
l989--~
B)
Pretreatment
requirements
which
will
be
enforced
through
the
remedies
set
forth
in
subsection
(a)
(6) (A)
will
include
but
not
be
limited
to:
the
duty
to
allow
or
carry
out
inspections,
entry
or
monitoring
activities;
any rules,’ regulations or orders issued by
the POTW; any requirements set forth
in
individual control mechanisms issued by the
POTW;
or any reporting requirements imposed
12 7—387
68
by
the
POTW,
this Part or 35
Ill.
Adm. Code
307.
The
POTW
shall
have
authority
and
procedures
(after
notice
to
the
industrial
user)
immediately
and
effectively
to
halt
or
prevent
any
discharge
of
pollutants
to
the
POTW
which
reasonably
appears
to
present
an
imminent endangerment ,to the health or
welfare
of
persons.
The
POTW
shall
also
have
authority
and
procedures
(which
shall
include
notice
to
the
affected
industrial
users
and
an
opportunity
to
respond)
to
halt
or
prevent
any
discharge
to
the
POTW
which
presents
or
may present an endangerment to the
environment
or
which
threatens
to
interfere
with
the
operation
of
the
POTW.
The
Agency
shall
have
authority
to
seek
judicial
relief
for
noncompliance
by
industrial
users
when
the
POTW
has
acted
to
seek
such
relief
but
has
sought
a
monetary,penalty
which
the
Agency
finds
to
be
insufficient.
The
procedures for notice to industrial users
where
the
POTW
is
seeking
cx
parte
temporary
judicial
injunctive
relief
will
be
governed
-~‘~‘
ri-r~r~1
~
~frif~~
rtr
f~rlc’r~i1
~
~
~
by
2
this
provision and
7)
Comply
with
the
confidentiality
requirements
set
forth
in
Section
3l0.105~
b)
Procedures.
The
POTW
shall
develop
and
implement
procedures
to
ensure
compliance
with
the
requirements
of a pretreatment prOgram.
At a minimum, these
procedures
shall
enable
the
POTW
to:
1)
Identify
and
locate
all
possible
industrial
users
which
might
be
subject
to
the
POTW
pretreatment
program.
Any
compilation,
index
or
inventory
of
industrial users made under this subsection shall
be
made
available
to
the
Agency
upon
request--;
2)
Identify
the
character
and
volume
of
pollutants
contributed
to
the
POTW by
the
industrial
users
identified
under
subsection
(b) (1).
This
information
shall
be
made
available
to
the
Agency
upon
request--;
3)
Notify
industrial
users
identified
under
subsection
(b) (1)
of
applicable
pretreatment
standards
and
any- applicable
requirements
under
Section
204(b)
and
405
of
the
CWA
and
Subtitles
C
and
D
of
the
Resource
Conservation
,and
Recovery
Act,
incorporated
by
reference
in
Section
310.107.._
Within
30
days
of
approval,
pursuant,to
subsection
127—388
69
(f).
of
a
list
of
significant
industrial
users,
notify each significant industrial user of its
status as such and of all requirements applicable
to
it
as
a
result
of
such
status
4)
Receive and analyze self—monitoring reports and
other notices
submitted
by
industrial
users
in
accordance
with
the
self—monitoring
requirements
in Subpart D;
5)
Randomly sample and analyze the effluent from
industrial
users
and
conduct
surveillance
and
inspection activities in order to identify,
independent
of
information
supplied
by
industrial
users,
occasional
and
continuing
noncompliance
with pretreatment standards.
Inspect and sample
the
effluent
from
each
significant
industrial
user
at
least
once
a
year.
Evaluate,
at
least
once
every
two
years,
whether
each
such
significant
industrial
user
needs
a
plan
to
control
slug
discharges.
For
purposes
of
this
subsection,
a
slug
discharge
is
any
discharge
of
a
non—routine,
episodic
nature,
including
but
not
limited
to
an
accidental
spill
or
a
non—customary
batch
discharge.
The results of these activities shall
be made available to the Agency upon request~.
If
the
POTW
decides
that
a
slug
control,
plan
is
needed,
the elan shall contain,
at
a minimum, the
following elements:
~
A description of discharge practices,
including
non-routine
batch
discharges
~j.
A
description
of
stored
chemicals
~j
Procedures for immediately notifying the POTW
of slug discharges,
including any discharge
that
would
violate
a
prohibition
under
Section 310.202 and 35 Ill.
Adm.
Code
307.Subpart B, with procedures for follow-up
written
notification
within
five
days;
and
i~j
If
necessary,
procedures
to
prevent
adverse
impact
from
accidental
spills,
including
inspection
and
maintenance
of
storage
areas,
handling
and
transfer
of
materials,
loading
and
unloading
operations,
control
of
plant
site run-off, worker training, building of
containment structure or equipment, measures
for containing toxic organic pollutants
(including solvents)
and measures and
equipment for emergency response
127—389
70
6)
Investigate
instances
of
noncompliance
with
pretreatment
standards
and
requirements,
as
indicated
in
the
reports
and
notices
required
under
Subpart
D
or
as
indicated
by
analysis,
inspection
and
surveillance
activities
described
in
subsection
(b) (5).
Sample
taking
and
analysis,
and
the
collection
of
other
information,
shall
be
performed
with
sufficient
care
to
produce
evidence
admissible in enforcement proceedings or in
judicial
actions;
and
7)
Comply with the public participation requirements
of
40 CFR 25,
incorporated
by
reference
in
Section
310.107,
in
the
enforcement
of
pretreatment
standards.
These
procedures
shall
include
provision
for
providing,
at
least
annually,
public
notification,
in
a
newspaper
of
general
circulation
in
the
unit
of
local
government
in
which the POTW is located, of industrial users
which,
during
the
previous
12
months,
were
j~
significant-ly violatingnoncompliance with
applicable pretreatment standards or other
pretreatment
requirements.
F-or
the
purposes
of
this provision,
a significant violation is
a
violation
which
remains
uncorrected
45
days
after
notification
of
noncompliance;
which
is
part
of
a
pattern
of
noncompliance
over
a
twelve
month
period;
which
involves
a
failure
to
accurately
report
noncompliance;
or
which
resulted
in
the
POTW
exercising
its
emergency
authority
under
subsection
(a)
(6) (B).
an
industrial
user
is
in
significant
noncompliance
if
its
violation
meets
one or more of the following criteria:
~j
Chronic
violations
of
wastewater
discharge
limits,
defined
here
as
those
in
which
sixty-
six
percent
or
more
of
all
of
the
measurements
taken
during
a
six—month
period
exceed
(by
any
magnitude)
the
daily
maximum
limit or the average limit for the same
pollutant
parameter
~j
“Technical
review
criteria”
(TRC)
violations,
which
shall
mean
those
violations
in
which
thirty-three
percent
or
more
of
all
of
the
measurements
for
each
pollutant
parameter
taken
during
a
six-month
period
equal
or
exceed
the
product
of
the
daily
maximum
limit
or
the
average
limit
multiplied
by
the
applicable
TRC
(TRC
=
1.4
for
BOD, TSS,
fats,
oil,
and
grease,
and-1.2
for
all
other
pollutants
except
pH)
127—390
71
QI
Any
other
violation
of
a
pretreatment
effluent
limit
(daily
maximum
or
longer-term
average)
that
the
Control
Authority
determines has caused, alone or in
combination
with
other
discharges,
interference
or
pass
through
(including
endangering the health of POTW personnel or
the general public)
Q1
Any
discharge of a pollutant that has caused
imminent
endangerment
to
human
health,
welfare or to the environment or has resulted
in the POTW’s exercise of its emergency
authority under subsection
(a) (6) (B) to halt
or prevent such a discharge
~j
Failure to meet, within 90 days after the
schedule date,
a compliance schedule
milestone contained in a local control
mechanism or enforcement order for starting
construction, completing construction,
or
attaining final compliance
fi
Failure to provide, within 30 days after the
due date,
required reports,
such as baseline
monitoring reports, 90—day compliance
reports, periodic self—monitoring reports,
and reports on compliance with compliance
schedules
~j
Failure to accurately report noncompliance
or
ffl
Any other violation or group of violations
which the Agency determines will adversely
affect the operation or implementation of the
local pretreatment program
c)
The POTW shall have sufficient resources and qualified
personnel to carry the authorities and procedures
described in subsections
(a) and (b)--~
d)
Local
limits.
The POTW shall develop local limits as
required in Section 310.210 or demonstrate that they
are not necessary--j
~j
The POTW shall develop and implement an enforcement
response plan.
This plan shall contain detailed
procedures indicating how a POTW will investigate and
respond to instances of industrial user noncompliance.
The plan shall,
at a minimum:
fl
Describe how the POTW will investigate instances
12 7—39 1
72
of
noncompliance
21
Describe
the
types
of
escalating
enforcement
responses the
POTW
will
take
in
response
to
all
anticipatedtypes of industrial user violations
and
the
time
periods
within
which
responses
will
take
place
~J
Identify
(by
title)
the
officials
responsible
for
each
type
of
response;
and
jj
Adequately reflect the POTW’s primary
responsibility to enforce all applicable
pretreatment
requirements
and
standards,
as
detailed
in
subsections
(a)
and
(b);
and
~j
The
POTW
shall
prepare
a
list
of
its
industrial
users
meeting
the
criteria
in
the
first
subsection
of
the
definition of “significant industrial user” at Section
310.110.
The
list
shall
identify
the
criteria
in
the
first subsection of the definition of “significant
industrial user”
at Section
310.110
applicable to each
industrial user and, for industrial users meeting the
criteria in the second subsection of that definition,
shall also indicate whether the
POTW
has
made
a
determination pursuant to the caveat in the second
subsection of that definition that such industrial user
should not be considered a significant industrial user.
This list,
and any subsequent modifications thereto,
shall be submitted to the Agency as a program
modification pursuant to Subpart K.
Discretionary
designations or de—designations by the control
authority shall be deemed to be approved by the Agency
90 days after submission of the list or modifications
thereto.
BOARD NOTE:
S-eeDerived from 40 CFR 403.8(f)
(198-8-90),
as amended at 59~Fed. Peg. 4061230129,
October 17,
l983July 24,
1990.
(Source:
Amended at 15 Ill. Reg.
,
effective
)
SUBPART
F:
REPORTING REQUIREMENTS
Section 310.611
Requirements for Non-Categorical Users
The control authority shall require appropriate reporting from
those industrial users with discharges that are not subject to
categorical pretreatment standards.
Significant noncategorical
industrial users shall submit to the control authority at least
once every six months
(on dates specified by the control
127—392
73
authority)
a description of the nature,
concentration, and flow
of_the pollutants required to be reported by the control
authority.
These reports shall be based on sampling and analysis
performed in the period covered by the report, and performed in
accordance with the techniques described
in 40 CFR part 136,
incorporated by reference at Section 310.107.
Where 40 CFR part
136 does not contain sampling or analytical techniques for the
pollutant in question,
or where the. Agency determines that the 40
CFR 136 sampling and analytical techniques are inappropriate for
the pollutant in question,
sampling and analysis shall be
performea by using validated analytical methods or any other
applicable sampling and analytical procedures,
including
procedures
suggested
by
the
POTW
or
other
persons,
approved
by
control authority in lieu of the significant noncateqorical
industrial user.
Where the POTW itself collects all the
information required for the report,
the noncategorical
significant industrial user will not be required to submit the
report.
For the purposes of this Section, “significant
noncategorical industrial user” means a significant industrial
user that is not subject to categorical pretreatment standards.
BOARD NOTE:
Derived from 40 CFR 403.12(h)
(l990),_as
addcdainended at 5&~.Fed.
Peg. 4061430131,
October 17,
l908July
24,
1990.
(Source:
Amended at 15 Ill.
Reg.
,
effective
Section 310.613
Notification of Changed Discharge
All industrial users shall promptly notify the POTW in advance of
any substantial change
in the volume or character of pollutants
in their discharge,
including the listed or characteristic
hazardous wastes for which the industrial user has submitted
initial notification under Section 310.635.
BOARD NOTE:
Derived from 40 CFR 403.12(j)
(1990),
as
addedamended at 5~ Fed.
Peg. 4061430131,
October
17,
l9C8July
24,
1990.
(Source:
Amended at 15
Ill.
Reg.
,
effective
)
Section 310.633
Fraud and False Statements
The reports required by Cections 310.602,
310.604,
310.605,
310.611, 310.612 and 310.G2lthis Subpart are subject to the
provisions of Section 1001 of Crimes and Criminal Procedure
(18
U.S.C.
1001),
incorporated by reference in Section 310.107,
relating to fraud and false statements~and the provisions of
Section 309(c)
(~)
of the CWA governing false statements,
representations or certifications in reports required under the
CWAT; theprovisions
of section 309(c) (6)
of the CWA regarding
127—393
74
responsible
corporate
officers;
and
to
the
provisions
of
Title
XII of the Act.
BOARD NOTE:
Derived from
40 CFR 403.12(k)
(1988),
redesignated
40
CFP.
403.12(n)
(1990),
as amended
by 5~5
Fed.
Peg.
4~G1430131,
October
17,
l088July
24,
1990.
(Source:
Amended
at
15
Ill.
Reg.
,
effective
)
Section
~3l0.635
Notification
of
Discharge
of
Hazardous
Waste
~j
Requirement for notification.
jj
The
industrial
user
shall
notify
the
POTW;
the
Director, Waste Management Division, USEPA Region
V.
230 South Dearborn Street,
Chicago,
Illinois
60604;
and
the
Manager,
Division
of
Water
Pollution Control, Illinois Environmental
Protection
Agency.
2200
Churchill
Road,
P.O.
Box
19276,
Springfield,
Illinois
62794—9276,
in
writing
of
any
discharge
into
the
POTW
of
a
substance,
which,
if
otherwise
disposed
of,
would
be
a
hazardous
waste
under
35
Ill.
Adm.
Code
721.
Such
notification
must
include
the
name
of
the
hazardous waste as set forth in 35 Ill.
Adm. Code
721,
the
EPA
hazardous
waste
number,
and
the
type
of discharge (continuous, batch,
or other).
If
the industrial user discharges more than 100
kilograms of such waste per calendar month to the
POTW,
the
notification
shall
also
contain
the
following information, to the extent such
information is known and readily available to the
Industrial User:
~j
An identification of the hazardous
constituents
contained
in
the
wastes,,
~j.
an estimation of the mass and concentration
of
such
constituents
in
the
wastestream
discharged during that calendar month, and
~j
an
estimation
of
the
mass
of
constituents
in
the wastestream expected to be discharged
during the following twelve months.
21
Time
for
notification.
All
notifications required
under
subsection
(a)
(1)
must
take
place
within
180
days
of the effective date of this rule.
Industrial users who commence discharging after
the
effective
date
of
this
rule
shall
provide
the
notification
no
later
than
180
days
after
the
discharge of the listed or characteristic
127—394
75
hazardous waste.
~J
Frequency
for
notification.
Any
notification
required
under
subsection
(a) (1)
need
be
submitted
only
once
for
each
hazardous
waste
discharged.
However, notifications of changed discharges must
be
submitted
under
Section
310.613.
il
Exception
for
notification
under
other
provisions.
The notification requirement of subsection
(a) (1)
does
not
apply
to
pollutants
already
reported
under the self-monitoring requirements of Sections
310.602, 310.604 and 310.605.
~j
Exemption to reporting requirement.
Discharges are
exempt from the requirements of subsection
(a) (1)
during
a calendar month in which they discharge no more
than fifteen kilograms of hazardous wastes, unless the
wastes are acute hazardous wastes specified in 35 Ill.
Adm. Code 721.130(d)
and 721.133(e).
Discharge of more
than fifteen kilograms of non—acute hazardous wastes
in
a
calendar
month,
or
of
any
auantity
of
acute
hazardous
wastes as specified in 35
Ill. Adm. Code 721.130(d) and
721.133(e),
requires a one-time notification.
Subsequent months during which the Industrial User
discharges more than such quantities of any hazardous
waste do not require additional notification.
~j
Newly—listed hazardous wastes.
In the case of any new
regulations under section 3001 of the
RCRA
identifying
additional characteristics of hazardous waste or
listing
any
additional
substance
as
a hazardous waste,
the industrial user must notify the POTW; USEPA Region
V. Waste Management Waste Division; and the Agency,
Division of Water Pollution Control of the discharge of
such substance, pursuant to subsection
(a) (1), within
90 days of the effective date of such regulations.
~j
Required
certification.
In
the
case
of
any
notification made under this Section,
the industrial
user shall certify that it has a program in place to
reduce the volume and toxicity of hazardous wastes
generated to the degree it has determined to be
economically practical.
BOARD NOTE:
Derived from 40 CFR 403.12(p),
as added at
55
Fed. Req.
30131, July 24,
1990.
(Source:
Added at 15
Ill. Peg.
,
effective
127—395
.
.
