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 .106

310 .107

310 .110

310 .111

310 .112

SUBPART B

:

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

Electronic Reporting

Incorporations by Reference

Definitions

New Source

Significant Industrial User

PRETREATMENT STANDARDS

General Prohibitions

Specific Prohibitions

Cpccific Local Limits Developed by POTW

Status of Local Limits

Categorical Standards

Source Category Determination Request

Deadline for Compliance with Categorical

Concentration and Mass Limits

Dilution Prohibited as A3 Substitute for

Combined Waste Stream Formula

SUBPART C: REMOVAL CREDITS

SUBPART D: PRETREATMENT PERMITS

Section

310 .400

Preamble

310 .401

Pretreatment Permits

Standards

Treatment

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

RECEIVED

CLERK'S OFFICE

AUG 1 s 2006

I

I

STATE OF ILLINOIS

Pollution Control Board

---

310 .402

Time to Apply

310 .403

Imminent Endangerment

310 .410

Application

310 .411

Certification of Capacity

310 .412

Signatures

310 .413

Site Visit

310 .414

Completeness

310 .415

Time Limits

310 .420

Standard for Issuance

310 .421

Final Action

310 .430

Conditions

310 .431

Duration of Permits

310 .432

Schedules of Compliance

310 .441

Effect of a Permit

310 .442

Modification

310 .443

Revocation

310 .444

Appeal

SUBPART E :

POTW PRETREATMENT PROGRAMS

Section

310 .501

Pretreatment Programs Required

310 .502

Deadline for Program Approval

310 .503

Incorporation of Approved Programs in Permits

310 .504

Incorporation of Compliance Schedules in Permits

310 .505

Reissuance or modification of Permits

310 .510

Pretreatment Program Requirements

310 .511

Receiving Electronic Documents

310 .521

Program Approval

310 .522

Contents of Program Submission

310 .524

Content of Removal Allowance Submission

310 .531

Agency Action

310 .532

Defective Submission

310 .533

Water Quality Management

310 .541

Deadline for Review

310 .542

Public Notice and Hearing

310 .543

Agency Decision

310 .544

USEPA Objection

310 .545

Notice of Decision

310 .546

Public Access to Submission

310 .547

Appeal

I

SUBPART F : REPORTING REQUIREMENTS

Section

310 .601

Definition of Control Authority

(Renealed)

310 .602

Baseline Report

310 .603

Compliance Schedule

310 .604

Report on Compliance with Deadline

310 .605

Periodic Reports on compliance

310 .606

Notice of Potential Problems

310 .610

Monitoring and Analysis

310 .611

Requirements for Non-Categorical Standard Users

310 .612

Annual POTW Reports

310 .613

Notification of Changed Discharge

310 .621

Compliance Schedule for POTWs

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

310 .636

Annual Certification by Non-Significant categorical Users

310 .637

Receiving Electronic Documents

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 that 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

UCDPA

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

Definitions

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

Substantial Modifications Defined

310 .922

Approval Procedures for Substantial Modifications

310 .923

Approval Procedures for Non-Substantial Modifications

310 .924

Incorporation of Modifications into the Permit

SUBPART L : FEDERAL PROJECT XL AGREEMENTS

---

Section

310 .930

Federally Approved Pretreatment Program Reinvention Pilot Projects

Under Project XL

AUTHORITY : Implementing and authorized by Sections 7 .2, 13, 13 .3, and 27 of the

Environmental Protection Act [415 ILCS 5/7 .2, 13, 13 .3, and 27]

.

SOURCE : Adopted in R86-44 at 12 Ill . Reg . 2502, effective January 13, 1988 ;

amended in R88-18 at 13 Ill . Reg . 2463, effective January 31, 1989 ; amended in

R89-3 at 13 Ill . Reg . 19243, effective November 27, 1989 ; amended in R89-12 at

14 Ill . Reg . 7608, effective May 8, 1990 ; amended in R91-5 at 16 Ill . Reg . 7346,

effective April 27, 1992 ; amended in R95-22 at 20 Ill . Reg. 5533, effective

April 1, 1996 ; amended in R96-12 at 20 Ill . Reg . 10671, effective July 24, 1996

;

amended in R97-7 at 21 Ill . Reg . 5163, effective April 10, 1997 ; amended in R98-

23 at 22 Ill . Reg. 11465, effective June 22, 1998 ; amended in R99-17 at 23 Ill

.

Reg . 8412, effective July 12, 1999 ; amended in R00-7 at 24 Ill . Reg. 2372,

effective January 26, 2000 ; amended in R00-15 at 24 Ill . Reg . 11633, effective

July 24, 2000 ; amended in RO1-5 at 25 Ill . Reg. 1322, effective January 11,

2001 ; amended in R01-25 at 25 Ill . Reg. 10860, effective August 14, 2001

;

amended in R02-3 at 26 Ill . Reg . 4008, effective February 28, 2002 ; amended in

R02-9 at 26 Ill . Reg. 4653, effective March 18, 2002 ; amended in R03-13 at 27

Ill . Reg . 15137, effective September 10, 2003 ; amended in R04-1 at 28 Ill . Reg

.

3390, effective February 6, 2004;L amended in R04-18 at 28 Ill . Reg . 10684,

effective July 13, 2004 ; amended in R06-16 at 30 Ill . Reg

. -,

effective

SUBPART A: GENERAL PROVISIONS

Section 310 .106

Electronic Reporting

The filing of any document pursuant to any provision of this Part as an

electronic document is subject to this Section

.

a)

Scope and Applicability

.

1)

The USEPA, the Board, the Agency, or the Control Authority may allow for

the filing of electronic documents . This Section does not require submission of

electronic documents in lieu of paper documents . This Section sets forth the

requirements for the optional electronic filing of any report or document that

must be submitted to the appropriate of the following

:

A)

To USEPA directly under Title 40 of the Code of Federal Regulations ; or

B)

To the Board, the Agency, or the Control Authority pursuant to any

provision of 35 Ill . Adm. Code 702 through 705, 720 through 728, 730, 733, 738,

or 739

.

2)

Electronic document filing under this Section can begin only after USEPA

has first done as follows

:

A)

As to filing with USEPA, USEPA has published a notice in the Federal

Register announcing that USEPA is prepared to receive documents required or

permitted by the identified part or subpart of Title 40 of the Code of Federal

Regulations in an electronic format ; or

B)

As to filing with the State or the Control Authority, USEPA has granted

approval of any electronic document receiving system established by the Board,

---

the Agency,

or the Control Authority that meets the requirements of

40 CFR

3 .2000,

incorporated by reference in Section 611 .102(c)

.

3)

This Section does not apply to any of the following documents, whether or

not the document is a document submitted to satisfy the requirements cited in

subsection (a) (1) of this Section :

A)

Any document submitted via fascimile

;

B)

Any document submitted via magnetic or optical media, such as diskette,

compact disc, digital video disc, or tape ; or

C)

Any data transfer between USEPA, any state, or any local government and

any of the Board. the Agency, or the Control Authority as part of administrative

arrangements between the parties to the transfer to share data .

4)

Upon USEPA conferring approval for the filing of any types of documents as

electronic documents, as described in subsection (a) (2) (B) of this Section, the

Agency or the Board, as appropriate, must publish a Notice of Public Information

in the Illinois Register that describes the documents approved for submission as

electronic documents, the electronic document receiving system approved to

receive them, the acceptable formats and procedures for their submission, and

the date on which the Board or the Agency will begin to receive those

submissions . In the event of cessation of USEPA approval or receiving any type

of document as an electronic document, the Board or the Agency must similarly

cause publication of a Notice of Public Information in the Illinois Register . A

Control Authority must publish the notices required of the Board or the Agency

by any means calculated to inform its industrial users

.

BOARD NOTE : Subsection (a) of this Section is derived from 40 CFR 3 .1, as added

at 70 Fed . Reg . 59848 (Oct . 13, 2005)

.

b)

Definitions . For the purposes of this Section, terms will have the

meaning attributed them in 40 CFR 3 .3, incorporated by reference in 35 Ill . Adm

.

Code 611 .102(c)

.

c)

Procedures for submission of electronic documents to USEPA . Except as

provided in subsection (a) (3) of this Section, any person who is required under

Title 40 of the Code of Federal Regulations to create and submit or otherwise

provide a document to USEPA may satisfy this requirement with an electronic

document, in lieu of a paper document, provided the following conditions are

met

:

1)

The person satisfies the requirements of 40 CFR 3 .10, incorporated by

reference in Section 611 .102(c) ; and

2)

USEPA has first published a notice in the Federal Register as described in

subsection (a) (2) of this Section

.

BOARD NOTE : Subsection (c) of this Section is derived from 40 CFR 3 .2(a) and

subpart B of 40 CFR 3, as added at 70 Fed . Reg. 59848 (Oct . 13, 2005)

.

d)

Procedures for submission of electronic documents to the Board, the

Agency, or the Control Authority .

1)

The Board, the Agency, or the Control Authority may, but is not required

to, establish procedures for the electronic submission of documents that meet

---

the requirements of 40 CFR 3 .2 and

3 .2000, incorporated by reference in Section

611 .102(c)

.

The Board or the Agency must establish any such procedures under

the Administrative Procedure Act [5 ILCS

100/5] . The Control Authority must

establish such procedures pursuant to applicable State and local laws

.

2)

The Board, the Agency, or the Control Authority may not accept electronic

documents under this Section until after USEPA has approved the procedures in

writing, and the Board, the Agency, or the Control Authority has published a

notice of such approval in the Illinois Register . Nothing in this subsection

(d) limits the authority of the Board, the Agency, or the Control Authority

under the Illinois Environmental Protection Act [415

ILCS 5] to accept documents

filed electronically

.

BOARD NOTE: Subsection (d) of this Section is derived from 40 CFR 3 .2(b) and

subpart D of 40 CFR 3, as added at 70 Fed . Reg. 59848 (Oct . 13, 2005)

.

e)

Effects of submission of an electronic document

.

1)

If a person who submits a document as an electronic document fails to

comply with the requirements this Section, that person is subject to the

penalties prescribed for failure to comply with the requirement that the

electronic document was intended to satisfy .

2)

Where a document submitted as an electronic document to satisfy a

reporting requirement bears an electronic signature, the electronic signature

legally binds, obligates, and makes the signer responsible to the same extent as

the signer's handwritten signature would on a paper document submitted to

satisfy the same reporting requirement

.

3)

Proof that a particular signature device was used to create an electronic

signature will suffice to establish that the individual uniquely entitled to use

the device did so with the intent to sign the electronic document and give it

effect

.

4)

Nothing in this Section limits the use of electronic documents or

information derived from electronic documents as evidence in enforcement or

other proceedings

.

BOARD NOTE : Subsection (e) of this Section is derived from 40 CFR 3 .4 and

3 .2000(c), as added at 70 Fed. Reg . 59848 (Oct . 13, 2005)

.

f)

Public document subject to State laws . Any electronic document filed with

the Board is a public document . The document, its filing, its retention by the

Board, and its availability for public inspection and copying are subject to

various State laws, including, but not limited to, the following

:

1)

The Administrative Procedure Act [5

ILCS 100]

;

2)

The Freedom of Information Act [5

ILCS 140]

;

3)

The State Records Act [5

ILCS

160]

;

4)

The Electronic Commerce Security Act

[5 ILCS

175]

;

5)

The Environmental Protection Act [415

ILCS

5]

;

---

6)

Regulations relating to public access

to Board records (2

Ill

. Adm. Code

2175)

;

and

7)

Board procedural rules relating to protection of trade secrets and

confidential information (35 Ill . Adm. Code 130)

.

g)

Nothing in this Section or in any provisions adopted pursuant to

subsection (c) (1) of this Section will create any right or privilege to submit

any document as an electronic document

.

BOARD NOTE: Subsection (g) of this Section is derived from 40 CFR

3 .2(c),

as

added at 70 Fed . Reg . 59848 (Oct . 13, 2005)

.

BOARD NOTE : Derived from 40 CFR 3, as added, and 40 CFR 403 .8(g) (2005), as

amended at 70 Fed. Reg. 59848 (Oct . 13, 2005)

.

(Source : Added at 30 Ill . Reg . -,

effective

)

Section 310 .107

Incorporations by Reference

a)

The following publications are incorporated by reference

:

4+

Rcpertcr Caoco 1833

(D .C

.

Cir

. August 1G,

1970)

.

2}

Canard Induotrial Claooifiaation Manual

(1987)

(document

P987-

9012),

available from the National Tcchni al Information Ccrvicc,

528S

Port

Royal Road,

Cpringficld,

Virginia-

61

Combined Sewer Overflow (CSO) Control Policy (1994) (USEPA document number EPA-

830/Z-94-001) available from NCEPI, 11029 Kenwood Rd ., Bldg . 5, Cincinnati, OH

45242 ; fax (513) 891-6685, referenced in Section 310 .320

.

BOARD NOTE : USEPA published the Combined Sewer Overflow (CSO) Control Policy in

the Federal Register at 59 Fed . Reg. 18688 (Apr. 19, 1994), and the USEPA,

Office of Water has made it available on the Internet

:

www.epa .gov/npdes/pubs/owmOlll .pdf

.

The consent decree in NRDC v . Costle, 1978 WL 23471, 12 Environment Reporter

Cases 1833

(D .C

. Cir . August 16, 1978), referenced in Section 310 .320

.

Standard Industrial Classification Manual (1987) (document no. PB87-100012),

available from the National Technical Information Service, 5285 Port Royal Road,

Springfield, Virginia 22161, referenced in 35 Ill . Adm. Code 307 .2201, 307 .2400,

307 .2402 through 307 .2407, and 307 .3901 and Section 310 .602

.

b)

The following provisions of the Code of Federal Regulations are

incorporated by reference

:

40 CFR 2 .302

(2003)

(2005) (Special Rules Governing Certain Information Obtained

Under the Clean Water Act), referenced in Section 310 .105

.

40 CFR 3 .2, as added at 70 Fed . Reg. 59848 (Oct. 13, 2005) (How Does This Part

Provide for Electronic Reporting?), referenced in Section 310 .106

.

I

I

40 CFR 3 .3, as added at 70 Fed . Reg. 59848 (Oct . 13, 2005) (What Definitions Are

Applicable to This Part?), referenced in Section 310 .106

.

---

I

40 CFR

3 .10,

as added at

70 Fed. Reg

.

59848

(Oct

.

13,

2005) (what Are the

Requirements for Electronic Reporting to EPA?), referenced in Section 310 .106

.

40 CFR

3 .2000,

as added at 70

Fed . Reg

.

59848

(Oct

.

13,

2005)

(What Are the

Requirements Authorized State,

Tribe, and Local Programs' Reporting Systems Must

Meet?), referenced in Section 310 .106

.

40 CFR 25

(2003)

(2005) (Public Participation in Programs Under the Resource

Conservation and Recovery Act, the Safe Drinking Water Act, and the Clean Water

Act), referenced in Section 310 .510

.

Tables II (Organic Toxic Pollutants in Each of Four Fractions in Analysis by Gas

Chromatography/Mass Spectroscopy (GS/MS)) and III (Other Toxic Pollutants

(Metals and Cyanide) and Total Phenols) in appendix D to 40 CFR

122, Appcndix D,

Tablco II and III

(2003)1,2

(2005) (NPDES Permit Application Testing

Requirements), referenced in 35 Ill . Adm. Code 307 .1005

.

40 CPR 120 .140(b)

(1977)

GO Fcd. Rcg .

43272

(July 21,

2003)

and CO Pcd .

(2005) (Guidelines Establishing Test Procedures

for the Analysis of Pollutants), referenced in 35 Ill . Adm. Code 307 .1003 and

Sections 310.605, 310 .610, and 310 .611

.

40 CFR 403

(2003)

(2005), as amended at 70 Fed . Reg. 60134 (Oct . 14, 2005)

(General Pretreatment Regulations for Existing and New Sources of Pollution),

referenced in Section 310 .432

.

40 CFR 403 .12 (2005), as amended at 70 Fed . Reg . 60134 (Oct . 14, 2005)

(Reporting Requirements for POTWs and Industrial Users), referenced in Section

310 .602

.

Appendix D to 40 CFR 103, Appendix D (2003)

jQj,(2005) (Selected Industrial

Subcategories Considered Dilute for Purposes of the Combined Wastestream

Formula), referenced in Section 310 .233

.

Appendix G to 40 CFR 403 (2005), as amended at 70 Fed . Reg . 60134 (Oct . 14,

2005) (Pollutants Eligible for a Removal Credit), referenced in Section 310 .303

.

0 CFR 136

(2003),

ao amcndcd at

40 CFR 503 (2005) (Standards for the

referenced in Section 310 .303

.

c)

4+

The following federal statutes

3}

(12 UCC 6901 ct ocq .

(2000))

Use

are

Ccct ion 1001 of fcdcral Cr imca

and Criminal Proccdurc

(ISSUBG 1001

(2000))

2}

The fcdcral Cl anWatcr Act

(33 UCC 1251 ct

through Novcmbcr 7, 2000

or Disposal of Sewage sludge),

incorporated by reference

:

ocq .

(20 00)

- ended

I

I

Section 1001 of federal Crimes and Criminal Procedure (18 USC 1001 (2003)),

referenced in Section 310 .633

.

---

referenced in Section 310.633

.

Section 405 of the federal Clean Water Act (33 USC 1345 (2003)), referenced in

Section 310 .510

.

Subtitles C and D of the federal Resource Conservation and Recovery Act (42 USC

6921-6939e and 6941-6949a) (2002)), referenced in Section 310 .510

.

d)

This Part incorporates no future editions or amendments

.

(Source : Amended at 30 Ill . Reg

. -,

effective

)

Section 310 .110

Definitions

"Act" means the Environmental Protection Act [415 ILCS 5]

.

"Agency" means the Illinois Environmental Protection Agency

.

"Approval Authority" means the Agency

.

BOARD NOTE : Derived from 40 CFR 403 .3(c)

(2003)

(2005)

.

"Approved POTW Prctr atmcntProgram pretreatment program" or

"

" or "POTW Prctratmcnt Program pretreatment program"

means a program administered by a POTW that has been approved by the Agency in

accordance with Sections 310 .541 through 310 .546

.

BOARD NOTE : Derived from 40 CFR 403 .3(d)

(2003)

( 2005)

.

"Authorization to discharge" means an authorization issued to an industrial user

by a POTW that has an approved pretreatment program . The authorization may

consist of a permit, license, ordinance; or other mechanism as specified in the

approved pretreatment program .

I

I

I

I

I

"Best management practices" {QIZ_ _'BMPs}_ means schedules of activities,

prohibitions of practices, maintenance procedures, and other management

practices to implement the prohibitions listed in Sections 310 .201(a) and (c)

and 310 .202 . BMPs also include treatment requirements, operating procedures,

and practices to control plant site runoff, spillage or leaks, sludge or waste

disposal, or drainage from raw materials storage

.

BOARD NOTE : Derived from 40 CFR 403 .3(e), as added at 70 Fed . Reg . 60134 (Oct .

14, 2005)

The federal Clean Water Act (CWA) (33 USC 1251 et seq. (2003)), referenced in

Section 310 .110

.

Section 204(b) of the federal Clean Water Act (33 USC 1284(b)

referenced in Section 310 .510

.

(2003)),

(2003)),

Section 212(2) of the federal Clean Water Act (33 USC 1292(2)

referenced in Section 310 .110

.

Section 308 of the federal Clean Water Act (33 USC 1318 (2003)), referenced in

Section 310 .510

.

Section 309(c)(4) of the federal Clean Water Act (33 USC 1319(c)(4) (2003)),

referenced in Section 310 .633

.

Section 309(c)(6) of the federal Clean Water Act (33 USC 1319(c)(6) (2003)),

---

"Slowdown" 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)

(2003)

(2005)

.

"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)

(2003)

( 2005)

.

"Control Authority "io ac defined in Ccction 310 .601

.

refers to the appropriate

of the following

:

The POTW, if the POTW's pretreatment program submission has been approved in

accordance with the requirements of

310 .540 through 310 .546 ; or

The Agency, if the submission has not been approved

.

BOARD

NOTE

:

Derived from 40 CFR 403 .3(f) (2005), as added at 70 Fed . Reg. 60134

(Oct . 14, 2005)

.

"Indirect Diochargc 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 USC 1317(b),

(c),

or

(d))

.

BOARD

NOTE

:

Derived from 40 CFR 403 .3(g)

(2003)

403 .3(i) (2005), as renumbered

at 70 Fed . Reg . 60134 (Oct. 14, 2005)

.

"IndustrialUocr 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

:

The person discharges toxic pollutants; as defined by 35 Ill . Adm. Code

307 .1005

;

The person is subject to a categorical standard adopted or incorporated by

reference in 35 Ill . Adm. Code 307

;

The person discharges more than fifteen percent of the total hydraulic flow

received by the POTW treatment plant

;

The person discharges more than fifteen percent of the total biological loading

of the POTW treatment plant as measured by the five-day biochemical oxygen

demand ;

The person has caused pass through or interference ; or

The person has presented an imminent endangerment to the health or welfare of

persons

.

BOARD

NOTE

:

Derived from 40 CFR 403 .3(h)

(2003)

403 .3(j) (2005), as renumbered

at 70 Fed . Reg. 60134 (Oct . 14, 2005)

.

I

I

"Industrial wastewater" means waste of a liquid nature discharged by an

industrial user to a sewer tributary to a POTW

.

---

I

"Interference" means

a discharge,

alone or in conjunction with a discharge or

discharges from other sources, for which both of the following is true

:

The discharge inhibits or disrupts the POTW, its treatment processes or

operations, or its sludge processes, use, or disposal; and

As a result of the inhibition of disruption, the discharge 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 the prevention of sewage sludge

disposal in compliance with any sludge requirements

.

BOARD NOTE : Derived from 40 CPR

403 .3(i)

(2003)

403 .3(k) (2005), as renumbered

at 70 Fed. Reg. 60134 (Oct . 14, 2005)

.

"Municipal sewage" is sewage treated by a POTW exclusive of its industrial

component

.

"Municipal sludge" is sludge produced by 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 CFR 401 .11(c) and 403-300

(2003)

403 .3(m) (2005),

as renumbered and amended at 70 Fed. Reg . 60134 (Oct . 14, 2005)

.

"Noncontact cooling water" means water used for cooling that 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)

(2003)

(2005)

.

"Noncontact cooling water pollutants" means pollutants present in noncontact

cooling waters

.

BOARD NOTE : Derived from 40 CFR 401 .11(o)

(2003)

(2005)

.

"NPDES Pcrmit permit" means a permit issued to a POTW pursuant to Section 402 of

the CWA, or Section 12(f) of the Act and Subpart A of 35 Ill . Adm. Code 309

.

BOARD NOTE: Derived from 40 CFR 103 .3(1)

(2003)

403 .3(n) (2005), as renumbered

at 70 Fed. Reg . 60134 (Oct . 14, 2005)

.

"0 and M" means operation and maintenance

.

"Pass through" means a discharge of pollutants that 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 duration of a violation)

.

BOARD NOTE : Derived from 40 CFR19ri(n)

(2003)

403 .3(p) (2005), as renumbered

at 70 Fed. Reg. 60134 (Oct . 14, 2005)

.

I

"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)

(2003)

( 2005) and 33 USC 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)

(2003)

(2005)

.

"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)

(2003)

(2005)

.

"POTW Tr

atmcnt Plant treatment plant" means that portion of the POTW that is

designed to provide treatment (including recycling and reclamation) of municipal

sewage and industrial wastewater

.

BOARD NOTE: Derived from 40 CFR 103 .3(p)

(2003)

403 .3(r) (2005), as renumbered

at 70 Fed. Reg. 60134 (Oct . 14, 2005)

.

"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 that 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 CFR 403 .3(q)

(2003)

403 .3(x) (2005), as renumbered

at 70 Fed. Reg . 60134 (Oct . 14, 2005)

.

"Pretreatment permit" means an authorization to discharge to a sewer that 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-443-.4+r)

(2003)

403 .3(t) (2005), as renumbered

at 70 Fed. Reg . 60134 (Oct . 14, 2005)

.

"Pretreatment standard" or

"

" means any regulation containing

pollutant discharge limits promulgated by USEPA, 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 . Adm. 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 that are a part of an approved pretreatment program

.

BOARD NOTE : Derived from 40 CFR

103 .3(j)

(2003)

403 .3(1) (2005), as renumbered

at 70 Fed. Reg. 60134 (Oct . 14, 2005)

.

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"Process wastewater" means any water that, 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 CFR 401 .11(q)

(2003)

(2005)

.

---

"Process wastewater pollutants" means pollutants present in process wastewater

.

BOARD NOTE : Derived from 40 CFR 401 .11(r)

(2003)

(2005)

.

"Project XL" means the federal Project for excellence and Leadership or a

federally approved facility- or community-based regulatory reinvention (XL)

pilot project, as such are described in the Federal Register notices of may 23,

1995 (60 Fed. Reg . 27282) and November 1, 1995 (60 Fed . Reg . 55569)

.

"Publicly owned treatment works" or "POTW" means a "treatment works" that 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" that has

jurisdiction over the indirect discharges to and the discharges from such a

treatment works

.

BOARD NOTE : Derived from 40 CFR

103 .3(o)

(2003)

403 .3(q) (2005), as renumbered

at 70 Fed . Reg . 60134 (Oct . 14, 2005)

.

"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 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)

(2003)

(2005) and 33 USC 1362(17)

.

"Significant industrial user" means

the following

.

significant industrial user

as defined in Section 310 .112

.

All industrial users subject to c~ategori al pretr atment

standards under Cration

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

that makes up fi

c percent

0

mo c of the average dry wather hydraulic or

operation or for violating any pretr atment

standard or

requ irement

(in

accordance with Cect ion 310 .510(f)),

except, upon a finding that an industrial

user meeting the criteria of this second subsection of this dcfinition has no

rasonable potential for adversely affecting the POTW's operat ion of for

response to ap tition received from an industrial user

or POTW may determine in

accordance with Ccction 310 .510(f)

that ouch industrial

user is not

a

oignifi ant industrial

user

.

BOARD NOTE : Derived from 40 CFR 103 .3(t)

(2003)

403 .3(v) (2005), as renumbered

and amended at 70 Fed . Reg . 60134 (Oct . 14, 2005)

.

I

"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 (RCRA Permits), 807 .202 (Solid Waste

Permits), the federal Toxic Substances Control Act (15 USC 2601), or the federal

---

Marine Protection, Research and Sanctuaries Act

(33 USC 1401),

Section 39(b) of

the Act

(NPDES Permits)

[415

ILCS 5/39(b)],

and Section 405(b)

of the federal

Clean Water Act (federally-imposed sludge use and management requirements)

.

BOARD NOTE: Derived from 40 CFR 403 .3(i)

403 .3(k)(2) (2005), as renumbered at

70 Fed . Reg . 60134 (Oct . 14, 2005), and 403 .7(a)

(2003)

(2005)

.

"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)

(2003)

403 .3(w) (2005), as renumbered

at 70 Fed. Reg. 60134 (Oct . 14, 2005)

.

"Treatment works" is as defined in 33 USC 1292(2

)

(1907),

incorporated by

reference in Section 310 .107(c) . It includes any devices and systems used in

the storage, treatment, recycling, and reclamation of municipal or industrial

wastewater to implement 33 USC 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 CFR 403 .3(o)

(2003)

403 .3(q) (2005), as renumbered

at 70 Fed . Reg . 60134 (Oct . 14, 2005) and 33 USC 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)

(2003)

(2005) and 33 USC 1362(4)

.

"USEPA" means the United States Environmental Protection Agency

.

(Source : Amended at 30 Ill . Reg . -,

effective

)

Section 310 .111

New Source

a)

"New

Courco source" means any building, structure, facility, or

installation from which there is or may be a discharge of pollutants, the

construction of which commenced after the date specified in 35 Ill . Adm. Code

307 for that the particular source category or subcategory to which the source

provided that one of the following is true

:

1)

The building, structure, facility, or installation is constructed at a

site at which no other source is located

;

2)

The building, structure, facility, or installation totally replaces the

process or production equipment that causes the discharge of pollutants at an

existing source ; or

3)

The production or wastewater generating processes of the building,

structure, facility, or installation are substantially independent of an

existing source at the same site . In determining whether these are

substantially independent, factors such as the extent to which the new facility

is integrated with the existing plant and the extent to which the new facility

is engaged in the same general type of activity as the existing source should be

considered .

I

I

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I

I

I

I

I

b)

Construction on a site at which an existing source is located results in a

modification, rather than a new source, if the construction does not create a

new building, structure, facility, or installation meeting -that meets the

---

I

criteria of pu

eeet-i

nosuhsectiou

(a) (2) or (a) (3) of this Section, but which

otherwise alters, replaces, or adds to existing process or production equipment

.

c)

Construction of a new source, as defined in this Section, has commenced if

the owner or operator has done

one either of the following

:

1)

Dcgun It has begun or caused ene-either of the following to begin as part

of a continuous onsite construction program :

A)

Any placement assembly or installation of facilities or equipment ; or

B)

Significant site preparation work including clearing, excavation or

removal of existing buildings, structures, or facilities that is necessary for

the placement, assembly, or installation of new source facilities or equipment ;

or

2)

Entered It has entered into a binding contractual obligation for the

purchases of facilities or equipment that are intended to be used in its

operation within a reasonable time

.

Optiono An option to purchase or contracto

a contract that can be terminated or modified without substantial loss and

contracts for feasibility, engineering, and design studies de-does not

constitute a contractual obligation under this subsection

(c)(2)

.

d)

New Courcco A new source must install and have in operating condition and

must "start-up" all pollution control equipment required to meet applicable

pretreatment standards before beginning to discharge . Within the shortest

feasible time (not to exceed 90 days), A$ new Cou rcco source must meet all

applicable pretreatment standards

.

BOARD NOTE : Derived from 40 CFR 103 .3(k)

(2003)

403 .3(m) (2005), as renumbered

and amended at 70 Fed. Reg . 60134 (Oct . 14, 2005)

.

(Source : Amended at 30 Ill . Reg

. -,

effective

)

Section 310 .112

Significant Industrial User

a)

Except as provided in subsections (b) and (c) of this Section, the term

"significant industrial user" means the following

:

1)

An industrial user subject to any of the categorical pretreatment

standards under Sections 310 .220 through 310 .222, 310 .230, 310 .232, and 310 .233

and 35 Ill . Adm. Code 307 ; and

2)

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 Troatmenttreet.ment plant; or is

designated as such by the Control Authority 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))

.

I

I

b)

The Control Authority may determine that an industrial user subject to

categorical pretreatment standards under Sections 310 .220 through 310 .222,

310 .230, 310 .232, and 310 .233 and 35 Ill . Adm. Code 307 is a non-significant

categorical industrial user, rather than a significant industrial user, on a

---

I

I

finding that the industrial user never discharges more than 100 gallons per day

(gpd) of total categorical wastewater (excluding sanitary, noncontact cooling,

and boiler blowdown wastewater, unless specifically included in the pretreatment

standard), and the industrial user meets the following conditions

:

1)

That, prior to the Control Authority's finding, the industrial user has

consistently complied with all applicable categorical pretreatment standards and

requirements

;

2)

That the industrial user annually submits the certification statement

required in Section 310 .636,310 .616 .

together with any additional information

necessary to support the certification statement ; and

3)

The industrial user never discharges any untreated concentrated

wastewater

.

c)

Upon a finding that an industrial user meeting the criteria in subsection

(a) (2) of this Section has no reasonable potential for adversely affecting the

POTW's operation or for violating any pretreatment standards or requirement, the

Control Authority may at any time, on its own initiative or in response to a

petition received from an industrial user or POTW, and in accordance with

Section 310 .510(f), determine that such industrial user is not a significant

industrial user

.

BOARD NOTE : Derived from 40 CFR 403 .3(v) (2005), as renumbered and amended at

70 Fed. Reg. 60134 (Oct . 14, 2005)

.

(Source : Amend

at 30 Ill . Reg

. -,

effective

SUBPART B : PRETREATMENT STANDARDS

Section 310 .202

Specific Prohibitions

No person may cause or allow the introduction into a POTW of the pollutants

specified in 35 Ill . Adm. Code 307 .1101(b)

.

BOARD NOTE : Derived from 40 CFR 403 .5(b )

(2003)

(2005), as amended at 70 Fed

.

Reg . 60134 (Oct . 14, 2005)

.

(Source : Amended at 30 Ill . Reg

. -,

effective

)

Section 310 .210

£pccifio

Local Limits Developed by POTW

a)

Each POTW that is required to develop a pretreatment program must develop

and enforce, as part of the program,

opccifie local limits to implement the

prohibitions listed in sections 310 .201(a) and 310 .202 . Each POTW with an

approved pretreatment program must continue to develop these local limits as

necessary and to effectively enforce such limits

.

I

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I

b)

A POTW that is not required to develop a pretreatment program must, 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 opccific diochargc local 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

.

---

i

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I

c)

Prior to developing opccificdiochargc local limits, a POTW must give

individual notice and an opportunity to respond to persons or groups that have

requested notice

.

d)

A POTW may develop best management practices (BMPS) to implement

subsections (a) and (b) of this Section . Such BMPs are to be considered local

limits and pretreatment standards for the purposes of this Part

.

def.) The POTW must base limitations developed pursuant to this Section on the

characteristics and treatability of the wastewater by the POTW, effluent

limitations that 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 NOTE

:

Derived Subsections (a) through (d) of this Section are

derived from 40 CFR 403 .5(c )

(2003)

(2005), as amended at 70 Fed . Reg. 60134

(Oct . 14, 2005) . The Board added subsection (e) to provide standards for

development of local limits

.

(Source : Amended at 30 Ill . Reg

.

-,

effective

)

Section 310 .211

Status of Local Limits

If a POTW develops,

in

accordance with Cect ion

310 .210, local limits in the form

of specific prohibitions or limits on pollutants, 6T-pollutant parameters, or

BMPs, such local limits muot are to be deemed considered pretreatment standards

for the purposes of this Part

.

BOARD NOTE : Derived from 40 CFR 403 .5(d)

(2003)

( 2005)

.

(Source : Amended at 30 Ill . Reg

. -,

effective

)

Section 310 .220

Categorical Standards

Pretreatment standards specifying quantities or concentrations of pollutants or

pollutant properties that may be discharged to a POTW by an existing or new

industrial ucero user in a-specific industrial

oub atcgoriea source category or

subcategory will be established as separate regulations under 35 Ill . Adm . Code

307 . These standards, unless specifically noted otherwise, must be in addition

to the standards and requirements set forth at 35 Ill . Adm. Code 307 .1101 and

310

.

BOARD NOTE : Derived from 40 CFR 403 .6 preamble

(2003)

( 2005)

.

(Source : Amended at 30 Ill . Reg

. -,

effective

)

Section 310 .221

Source Category Determination Request

a)

Application deadline

.

I

I

1)

The industrial user or POTW may request that the Agency provide written

certification as to whether the industrial user falls within that particular

source category or subcategory. If an existing industrial user adds or changes

a process or operation that may be included in a source category or subcategory,

the existing industrial user must request this certification prior to commencing

---

discharge from the added or changed processes or operation

.

With respect to

new standards, the following apply

:

A)

The POTW or industrial user must direct to USEPA any source 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

must direct to the Agency any source category determination requests within 60

days after the Board adopts or incorporates by reference a pretreatment standard

for a source category or subcategory under which an industrial user may be

included

.

2)

A new source must request this certification prior to commencing

discharge

.

3)

If a request for certification is submitted by a POTW, the POTW must

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 must contain a statement that

includes the following information :

1)

Describing which source category or subcategories might be applicable ; and

2)

Citing evidence and reasons why a particular source category or

subcategory is applicable and why others are not applicable . Any person signing

the application statement submitted pursuant to this Section must make the

following certification

:

I certify under penalty of law that this 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 must act only on written requests for

determinations that contain all of the information required . The Agency must

notify persons who have made incomplete submissions that their requests are

deficient and that, unless the time period is extended, they have 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 must 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)

of this Section, consider the submission, any additional evidence that may have

been requested and any other available information relevant to the request . The

Agency must then make a written determination of the applicable source category

or subcategory and state the reasons for the determination

.

---

2)

The Agency must forward the determination described in subsection (d) (1)

of this Section 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 must send a copy of the determination to the affected

industrial user and the POTW . If the final determination is made by USEPA, the

Agency must send a copy of the determination to the user

.

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) of this Section, 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 subsection

(c),

(d) (2), or (d) (4) of this

Section, the requester may appeal a final decision made by the Agency to the

Board .

BOARD NOTE : Derived from 40 CFR 403 .6(a)

(2003)

(2005)

.

(Source: Amended at 30 Ill . Reg

. -,

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 must comply with the standard by the latest of

the following times

:

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

must comply with the standard by the latest of the following times

:

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 must not be construed as extending 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 )

(2003)

(2005), as amended at 70 Fed .

Reg. 60134 (Oct. 14, 2005)

.

I

(Source : Amended at 30 Ill . Reg . -,

effective

)

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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 must 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) of this Section must calculate such limitations by multiplying

the limits in the standard by the industrial user's average rate of production .

This average rate of production must 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 must be estimated using projected production .

d)

A Control Authority calculating equivalent concentration limitations under

subsection (b) of this Section must calculate such limitations by dividing the

mass limitations derived under subsection (c) of this Section 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)

When the limits in a categorical pretreatment standard are expressed only

in terms of pollutant concentrations, an industrial user may request that the

Control Authority convert the limits to equivalent mass limits . The

determination to convert concentration limits to mass limits is within the

discretion of the Control Authority . The Control Authority may establish

equivalent mass limits only if the industrial user meets all the following

conditions in subsections (e) (1) (A) through (e) (1) (E) of this Section

.

1)

To be eligible for equivalent mass limits, the industrial user must

undertake the following actions

:

A)

It must employ or demonstrate that it will employ water conservation

methods and technologies that substantially reduce water use during the term of

its control mechanism ;

B)

It must currently use control and treatment technologies adequate to

achieve compliance with the applicable categorical pretreatment standard, and it

must not have used dilution as a substitute for treatment

;

C)

It must provide sufficient information to establish the facility's actual

average daily flow rate for all wastestreams, based on data from a continuous

effluent flow monitoring device, as well as the facility's long-term average

production rate . Both the actual average daily flow rate and long-term average

production rate must be representative of current operating conditions

;

---

D)

It must not have daily flow rates, production levels,

or pollutant levels

that vary so significantly that equivalent mass limits

are

not appropriate to

control the discharge ;

and

E)

It must have consistently complied with all applicable categorical

pretreatment standards during the period prior to the industrial user's request

for equivalent mass limits

.

2)

An industrial user subject to equivalent mass limits must undertake the

following actions

:

A)

It must maintain and effectively operate control and treatment

technologies adequate to achieve compliance with the equivalent mass limits

;

B)

It must continue to record the facility's flow rates through the use of a

continuous effluent flow monitoring device

;

C)

It must continue to record the facility's production rates and notify the

Control Authority whenever production rates are expected to vary by more than 20

percent from its baseline production rates determined in subsection (e) (1) (C) of

this Section . Upon notification of a revised production rate, the Control

Authority must reassess the equivalent mass limit and revise the limit as

necessary to reflect changed conditions at the facility; and

D)

It must continue to employ the same or comparable water conservation

methods and technologies as those implemented pursuant to subsection (e) (1) (A)

of this eeet

$,yQy~ so long as it discharges under an equivalent mass limit

.

3)

A Control Authority that chooses to establish equivalent mass limits must

undertake the following actions

:

A)

It must calculate the equivalent mass limit by multiplying the actual

average daily flow rate of the regulated processes of the industrial user by the

concentration-based daily maximum and monthly average standard for the

applicable categorical pretreatment standard and the appropriate unit conversion

factor

;

B)

Upon notification of a revised production rate, it must reassess the

equivalent mass limit and recalculate the limit as necessary to reflect changed

conditions at the facility ; and

C)

It may retain the same equivalent mass limit in subsequent control

mechanism terms if the industrial user's actual average daily flow rate was

reduced solely as a result of the implementation of water conservation methods

and technologies, and the actual average daily flow rates used in the original

calculation of the equivalent mass limit were not based on the use of dilution

as a substitute for treatment pursuant to Section 310 .232 . The industrial user

must also be in compliance with Subpart J of this Part (regarding the

prohibition of bypass)

.

4)

The Control Authority may not express limits in terms of mass for

pollutants such as pH, temperature, radiation, or other pollutants that cannot

appropriately be expressed as mass

.

f)

The Control Authority may convert the mass limits of the categorical

pretreatment standards of Subparts 0, T, and CD of 35 Ill . Adm. Code 307 to

concentration limits for purposes of calculating limitations applicable to

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individual industrial users under the following conditions

.

When converting

such limits to concentration

limits,

the Control Authority must use the

concentrations listed in the applicable provisions of Subparts 0, T, and CD of

35 Ill . Adm. Code 307 and document that dilution is not being substituted for

treatment as prohibited by Section 310 .232

.

egg) Equivalent limitations calculated in accordance with subsections

(c)

and

-(4)

through (f) of this Section are deemed pretreatment standards . The Control

Authority must document how the equivalent limits were derived and make this

information publicly available . Once incorporated into its control mechanism,

the Industrial industrial users must be required to comply with the equivalent

limitations instead of the promulgated categorical standards from which the

equivalent limitations were derived

.

€}ih)

Many categorical pretreatment standards specify one limit for calculating

maximum daily discharge limitations and a second limit for calculating maximum

monthly average or four-day average limitations. Where such standards are being

applied, the same production et---or flow figure must be used in calculating both

typco of the average and the maximum equivalent cquivalcnt limitations-

limitation .

gf-y) Any industrial user operating under a control mechanism incorporating

equivalent mass or concentration limits calculated from a production based

standard must notify the Control Authority within two 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 )

(2003)

(2005), as amended at 70 Fed .

Reg. 60134 (Oct . 14, 2005)

.

(Source : Amended at 30 Ill . Reg

. -,

effective

)

Section 310 .232

Dilution Prohibited as A3 Substitute for Treatment

Except where expressly authorized to do so by an applicable categorical

pretreatment standard or requirement, no industrial user may 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 that are using dilution to meet applicable

pretreatment standards or in other cases where the imposition of mass

limitations is appropriate

.

BOARD NOTE : Derived from 40 CFR 403 .6(d )

(2003)

(2005), as amended at 70 Fed

.

Reg . 60134 (Oct . 14, 2005)

.

(Source : Amended at 30 Ill . Reg . -,

effective

)

Section 310 .233

Combined Waste Stream Formula

I

I

I

Where process wastewater is mixed prior to treatment with wastewaters other than

those generated by the regulated process, the Control Authority (or the

industrial user with the written concurrence of the Control Authority) must

---

derive fixed alternative discharge limits, whichtheControlAuthority muot

applytothemixcddiochargo

.

When it

is deriving alternative categorical

limits,

the Control Authority

must 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 must comply with the alternative

daily maximum 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 must immediately report

any such material or significant change to the Control Authority. Where

appropriate, the Control Authority must 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 must be estimated using projected values

.

The Control Authority must derive the alternative limit for a specified

pollutant by the use of either of the following formulas :

1)

Alternative concentration limit

.

C : =(T

- n)criFi(T)sFj

where

C = The alternative concentration limit for the combined waste stream .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 ."C Ci" Thos .iThe

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 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) of

this Section ;

B)

Sanitary waste streams where such waste streams are not regulated by a

categorical pretreatment standard ; and

C)

From any process waste streams that were or could have been entirely

exempted from categorical pretreatment standards as specified in subsection (e)

of this Section .

2)

Alternative mass limit

.

14

= (T

-

T))SMiSFy

where

I

I

M = The alternative mass limit for a pollutant in the combined waste stream .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 ." E Ci" moano,SGimPana 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 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) of

this Section ;

B)

Sanitary waste streams where such waste streams are not regulated by a

categorical pretreatment standard ; and

C)

From any process waste streams that were or could have been entirely

exempted from categorical pretreatment standards, as specified in subsection (e)

of this Section

.

b)

Alternative limits below detection . An alternative pretreatment limit

must 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 must be as follows

:

1)

The type and frequency of sampling, analysis, and flow measurement must 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 must 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 that must

be used to determine self-monitoring frequency

.

d)

Proviso to subsections (a) (1) and (a) (2) of this Section . where boiler

blowdown, non-contact cooling streams, stormwater 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 waste streams will result in a substantial reduction of that

pollutant, the Control Authority, upon application of the industrial user, must

determine whether such waste streams should be classified as diluted or

unregulated. In its application to the Control Authority, the industrial user

must provide engineering, production, sampling, and analysis and such other

information so the Control Authority can make its determination .

e)

Exemptions from categorical pretreatment standards . Process waste streams

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 appendix D to 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 ;

I

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 waste stream contains only pollutants that are compatible with the

POTW

.

f)

where a treated regulated process waste stream is combined prior to

treatment with wastewaters other than those generated by the regulated process,

the industrial user may monitor either the segregated process waste stream or

the combined waste stream for the purpose of determining compliance with

applicable pretreatment standards . If the industrial user chooses to monitor

the segregated process waste stream, it must apply the applicable categorical

pretreatment standard. If the user chooses to monitor the combined waste

stream, it must apply an alternative discharge limit calculated using the

combined waste stream formula as provided in this Section . The industrial user

may change monitoring points only after receiving approval from the Control

Authority. The Control Authority must 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 )

(2003)

(2005), as amended at 70 Fed

.

Reg. 60134 (Oct. 14, 2005)

.

(Source : Amended at 30 Ill . Reg

. -,

effective

)

SUBPART C: REMOVAL CREDITS

Section 310 .301

Special Definitions

For purposes of this Subpart C, the following definitions apply :

"Consistent removal" means the average of the lowest 50% of the removals

measured according to Section 310 .311 . All sample data obtained for the

measured pollutant during the time period prescribed in Section 310 .311 must be

reported and used in computing consistent removal . If a substance is measurable

in the influent but not in the effluent, the effluent level may be assumed to be

the limit of measurement, and those data may be used by the POTW at its

discretion and subject to approval by the Agency. If the substance is not

measurable in the influent, the data may not be used . Where the number of

samples with concentrations equal to or above the limit of measurement is

between eight and twelve, the average of the lowest six removals must be used

.

If there are less than eight samples with concentrations equal to or less than

the limit of measurement, the Agency may approve alternate means of

demonstrating consistent removal . "Measurement" refers to the ability of the

analytical method or protocol to quantify as well as identify the presence of

the substance in question

.

BOARD NOTE: Derived from 40 CFR 403 .7

(2003),

ao modified to reflect NRDC

2005)

.

"Industrial user" means industrial user or users,

appropriate from

the context

.

"Overflow" means the intentional or unintentional diversion of flow from

the POTW before the POTW treatment plant

.

BOARD NOTE :

CONCISTDNT Derived from 40 CFR 403 .7

(2003)

( 2005), as-

amended at 70

I

Fed. Reg . 60134 (Oct . 14, 2005)

.

---

"Removal" means

a reduction

in the amount of a pollutant in the POTW's

effluent or alteration of the nature of a pollutant during treatment at the

POTW. The reduction or alteration can be obtained by physical, chemical, or

biological means and may be the result of specifically designed POTW

capabilities, or may be incidental to operation of the treatment system

.

Removal does not mean dilution of a pollutant in a POTW

.

BOARD NOTE : Derived from 40 CFR 403 .7(a)

(2003)

( 2005)

.

"Sludge requirements" is as defined in Section 310 .110

.

BOARD NOTE : Derived from 40 CFR 403 .7(a)

(2003)

(2005)

.

"Standard" means standard or standards as is appropriate from the context

.

(Source : Amended at 30 Ill . Reg

. -,

effective

)

Section 310 .303

Conditions for Authorization to Grant Removal Credits

The Agency must authorize a POTW to grant removal credits only if the following

conditions are met

:

a)

The POTW applies for and receives authorization from the Agency to grant a

removal credit in accordance with the requirements and procedures specified in

Sections 310 .330 and 310 .340

.

b)

The POTW demonstrates and continues to achieve consistent removal of the

pollutant

.

c)

The POTW has an approved pretreatment program in accordance with and to

the extent required by this Part ; provided, however, that a POTW that does not

have an approved pretreatment program may, pending approval of such a program,

give removal credits conditionally as provided in Section 310 .330

.

d)

The granting of removal credits will not cause the POTW to violate sludge

requirements that apply to the sludge management method chosen by the POTW

.

("Sludge requirements" is defined in Section 310 .110 .) Alternatively, the POTW

demonstrates to the Agency that even though it is not presently in compliance

with applicable sludge requirements, it will be in compliance when each

industrial user to whom the removal credit would apply is required to meet its

categorical pretreatment standard as modified by the removal credit. Removal

credits may be made available for any of the following pollutants

:

1)

For any pollutant listed in appendix G, section I of 40 CFR 403,

incorporated by reference in Section 310 .107, for the use or disposal practice

employed by the POTW, when the requirements in 40 CFR 503, incorporated by

reference in Section 310 .107, for that practice are met

;

2)

For any pollutant listed in appendix (3, section II of 40 CFR 403,

incorporated by reference in section 310 .107, for the use or disposal practice

employed by the POTW when the concentration for a pollutant listed in appendix

G, section II of 40 CFR 403 in the sewage sludge that is used or disposed,

does not exceed the concentration for the pollutant in appendix G, section II of

40 CFR 403 ; or

I

I

3)

For any pollutant in sewage sludge when the POTW disposes all of its

sewage sludge in a municipal solid waste landfill unit that meets the criteria

in 35 Ill . Adm. Code 810 through 813 that are derived from 40 CFR 258

.

---

e)

The granting of removal credits will not cause a violation of the POTW's

NPDES permit

limitations or conditions . Alternatively,

the POTW demonstrates

to

the Agency that even though it

is not presently in compliance with applicable

limitations and conditions in its NPDES permit,

it will be

in compliance when

each industrial user to whom the removal

credit would apply

is required to meet

its categorical pretreatment standard, as modified by the removal credit .

BOARD NOTE : Derived from 40 CFR 403 .7(a)(3

)

(2003)

(2005)

.

(Source : Amended at 30 Ill . Reg . -,

effective

)

Section 310 .320

Compensation for Overflow

A POTW that overflows untreated wastewater to receiving waters one or more

times in a year may claim consistent removal of a pollutant only by complying

with subsection (a) or (b) of this section . However, this Section muot will not

apply where an industrial user demonstrates that overflow does not occur between

the industrial user and the POTW treatment plant

.

a)

The industrial user provides containment or otherwise ceases or reduces

discharges from the regulated processes that contain the pollutant for which an

allowance is requested during all circumstances in which an overflow event can

reasonably be expected to occur at the POTW or at a sewer to which the

industrial user is connected . Discharges must cease or be reduced, or

pretreatment must be increased, to the extent necessary to compensate for the

removal not being provided by the POTW. The Agency must allow allowances under

this subsection only if the POTW demonstrates the following to the Agency

:

1)

That all industrial users to which the POTW proposes to apply this

subsection (a) have demonstrated the ability to contain or otherwise cease or

reduce, during circumstances in which an overflow event can reasonably be

expected to occur, discharges from the regulated processes that contain

pollutants for which an allowance is requested

;

2)

That the POTW has identified circumstances in which an overflow event can

reasonably by expected to occur, and has a notification or other viable plan to

insure that industrial users will learn of an impending overflow in sufficient

time to contain, cease, or reduce discharging to prevent untreated overflows

from occurring. The POTW must also demonstrate that it will monitor and verify

the data required in subsection (a) (3) of this Section to insure that industrial

users are containing, ceasing, or reducing operations during POTW system

overflow; and

3)

That all industrial users to which the POTW proposes to apply this

subsection have demonstrated the ability and commitment to collect and make

available upon request by the POTW or the Agency daily flow reports or other

data sufficient to demonstrate that all discharges from regulated processes

containing the pollutant for which the allowance is requested were contained,

reduced, or otherwise stopped as appropriate during all circumstances in which

an overflow event was reasonably expected to occur ; or

b)

Reduction in removal

.

I

I

I

1)

The consistent removal claimed is reduced pursuant to the following

equation :

---

;c:=18760

-

7,1rm8760

where

:

m-rm= POTW's consistent removal rate for that pollutant as established under

this Subpart

. r rc=

Removal corrected by the overflow factor .-Z =

Hours per year that overflow occurred between the industrial user and the POTW

treatment plant, the hours either to be shown in the POTW's current NPDES permit

application or the hours, as demonstrated by verifiable techniques, that a

particular industrial user's discharge overflows between the industrial user and

the POTW treatment plan .

2)

Conditions for uoc of formula .The industrial user can claim consistent

removal only where the POTW is complying with all NPDES permit requirements and

any additional requirements in any order or decree that affects combined sewer

overflows . These requirements include, but are not limited to, any combined

sewer overflow requirements that conform to the "Combined Sewer Overflow (CSO)

Control Policy," USEPA document number EPA-830/Z-94-001, incorporated by

reference in Section 310 .107

.

A4-

The POTW anclaim consistent

remova l only where efforts to correct

conditions resulting in untreated discharges by the POTW arc underway and in

accordance with its NPDDC permit requirements.The POTW mustmake revi s ions

to

POTW must have complctcd the ana ysio required

an effort to implement the plan

.

B-)-

If aPOTW has begun the analyoio rcquircd by its NPDD6 permit but, due to

circumstances beyond its control, hao not complctcd the analyoio,

the POTW may,

according

to the formula in this subsection, oo long

ao the POTW acts in

a

timely fashion to complete the analysis and makes an effort to

implcmcnt the

the POTW hao complctcd and the Agency hao accepted the analysis rcquircd by the

POTW'o NPDDS pcrm4 and the rOTW has

requested inclusion in its NPDDCpermit of

an acceptable compliance schedule providing for timely implementation of coot

BOARD NOTE : Derived from 40 CFR 403 .7(h)

(2003)

(2005), asmodified to reflect

NRDC v

.

UCEPA,

790 P .2d 209

(3d Cir

.

190G )

amended at 70 Fed . Reg. 60134 (Oct

.

14, 2005)

.

(Source : Amended at 30 Ill . Reg

. -,

effective

)

SUBPART E : POTW PRETREATMENT PROGRAMS

Section 310 .510

Pretreatment Program Requirements : Development and

Implementation by POTW

I

I

A POTW pretreatment program must be based on the following legal authority and

include the following procedures, and these authorities and procedures must at

all times by fully and effectively exercised and implemented

:

---

I

I

I

i

a)

Legal authority

.

The POTW must 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 that the POTW is authorized to enact, enter into or

implement, and which are authorized by State law. At a minimum, this legal

authority must 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 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 must be achieved through individual permits or equivalent individual

control mechanisms issued to each such user,

ouch control mcchan iomo muotbe

cnforcablc and contain, at a minimum,the following condition& except as

follows

:

A)

At the discretion of the POTW, this control may include use of general

control mechanisms if the conditions of subsection (g) of this Section are met

.

BOARD NOTE : Subsection (g) is derived from

. The Board moved the text of 40

CFR 403 .8(f)(1)(iii)(A)(1)(i) through (f) (1) (iii) (A)(2), as added at 70 Fed

.

Reg . 60134 (Oct . 14, 2005), which would normally appear at this subsection

(a) (1) (A), to subsection (g) of this Section to comply with Illinois

Administrative Code codification requirements .

B)

All individual control mechanisms and general control mechanisms must be

enforceable and contain, at a minimum, the following conditions

:

A!-j.) A statement of duration (in no case more than five years)

;

Emu)

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 ;

Ciii ;

;

;

)

Effluent limits, including best management practices, based on

applicable general pretreatment standards in this Part and 35 Ill . Adm. Code

307, categorical pretreatment standards, local limits, and local law ;

I

I

D ivvy)

Self-monitoring, sampling, reporting, notification, and

recordkeeping requirements, including an identification of the pollutants to be

monitored, including the process for seeking a waiver for a pollutant neither

present nor expected to be present in the discharge in accordance with Section

310 .605(b), or a specific waived pollutant in the case of an individual control

mechanism), sampling location, sampling frequency, and sample type, based on the

applicable general pretreatment standards of this Part and 35 Iii . Adm. Code

307, categorical pretreatment standards, local limits, and local law ; and

---

i

Fva)

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; and

vi)

Requirements to control slug discharges, if such are determined by the

POTW to be necessary ;

4)

Require the following :

A)

The development of a compliance schedule by 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 of this Part ;

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 must 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 must be at least as extensive as the authority provided under

section 308 of the federal CWA (33 USC 1318), incorporated by reference in

Section 310 .107(c)

;

6)

Obtain remedies for noncompliance by any industrial user with any

pretreatment standard or requirement

.

A)

All POTWs must be able to seek injunctive relief for noncompliance by

industrial users with pretreatment standards or requirements . All POTWS must

also have authority to seek or assess civil or criminal penalties in at least

the amount of $1,000 a day for each violation by industrial users of

pretreatment standards and requirements

.

B)

Pretreatment requirements that will be enforced through the remedies set

forth in subsection (a) (6) (A) of this Section 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 by the POTW, this Part or 35 Ill . Adm. Code

307 . The POTW must have authority and procedures (after notice to the

industrial user) immediately and effectively to halt or prevent any discharge of

pollutants to the POTW that reasonably appears to present an imminent

endangerment to the health or welfare of persons. The POTW must also have

authority and procedures (which must include notice to the affected industrial

users and an opportunity to respond) to halt or prevent any discharge to the

POTW that presents or may present an endangerment to the environment or which

threatens to interfere with the operation of the POTW. The Agency must have

authority to seek judicial relief when the POTW has sought a monetary penalty

that the Agency finds to be insufficient ; and

7)

Comply with the confidentiality requirements set forth in Section 310 .105

.

---

b)

Procedures

.

The POTW must develop and implement procedures to ensure

compliance with the requirements of a pretreatment program . At a minimum, these

procedures must enable the POTW to do the following

:

1)

Identify and locate all possible industrial users that might be subject to

the POTW pretreatment program. Any compilation, index, or inventory of

industrial users made under this subsection (b) (1) of this Section must 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) of this Section . This

information must be made available to the Agency upon request

;

3)

Notify industrial users identified under subsection (b) (1) of this Section

of applicable pretreatment standards and any applicable requirements under

sections 204(b) and 405 of the federal CWA (33 USC 1284(b) and 1345) and

Subtitles C and D of the federal Resource Conservation and Recovery Act (42 USC

6921-6939e and 6941-6949a), each incorporated by reference in section 310

.107

.

Within 30 days after approval, pursuant to subsection (f) of this Section, of a

list of significant industrial users, notify each significant industrial user or

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 of this Part ;

5)

Randomly sample and analyze the effluent from industrial users and conduct

surveillance and inspection activities in order to identify, independent of

information supplies 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-, except as otherwise

specified in subsections (b) (5) (A) through (b) (5) (C) of this Section--F,a

luatc,

at 1 aot once every two y aro, whether

ach ouch oignifi ant industrial uocr

nccdo aplan to control slug discharges

.

For purposes of thin subsection,

a

not limited to an accidental spill or

a

non

customary batch discharge

.

The

A4-

A dcocription of diochargc practicco,

including

non routine batch

diochargco

;

R}

A dcocription of stored chemicals,

Procedures for immediately notifying the POTWoplug diochargco,

notifi ation within five days, and

B}

If necessary, procedures to prcvcnt adverse impact from accidental spills,

including inspection and maintenance

of storage areas, handling and tranofor of

material s,

loading and unloading

operat ions, control of plant site run off,

---

equipmentfor emergency

rcoponoc,A) Where the POTW has authorized the industrial

user.,

subject to a categorical pretreatment standard,, to forego sampling of a

pollutant regulated by a categorical pretreatment standard in accordance with

Section 310 .605(c), the POTW must sample for the waived pollutants at least once

during the term of the categorical industrial user's control mechanism . In the

event that the POTW subsequently determines that a waived pollutant is present

or is expected to be present in the industrial user's wastewater based on

changes that occur in the industrial user's operations, the POTW must

immediately begin at least annual effluent monitoring of the industrial user's

discharge and inspection

.

B)

Where the POTW has determined that an industrial user meets the criteria

for classification as a non-significant categorical industrial user, the POTW

must evaluate at least once per year whether an industrial user continues to

meet the definition of significant industrial user in Section 310 .110

.

C)

In the case of industrial users subject to reduced reporting requirements

under Section 310 .605(c), the POTW must randomly sample and analyze the effluent

from the industrial user and conduct inspections at least once every two years

.

If the industrial user no longer meets the conditions for reduced reporting in

Section 310 .605(c), the POTW must immediately begin sampling and inspecting the

industrial user at least once a year

.

6)

Evaluate whether each such significant industrial user needs a plan or

other action to control slug discharges . For industrial users identified as

significant prior to November 14, 2005, this evaluation must have been conducted

at least once by October 14, 2006

; 3,,additional significant industrial user

must be evaluated within one year

e€after

being designated a significant

industrial user . For purposes of this subsection

(b)(6),

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, which has a reasonable

potential to cause interference or pass through, or in any other way violate the

POTW's regulations, local limits or permit conditions . The results of such

activities shall be available to the Approval Authority upon request

.

Significant industrial users are required to notify the POTW immediately of any

changes at its facility affecting potential for a slug discharge . If the POTW

decides that a slug control plan is needed, the plan shall contain, at a

minimum, the following elements

:

A)

Description of discharge practices, including non-routine batch

discharges ;

B)

Description of stored chemicals

;

C)

Procedures for immediately notifying the POTW of slug discharges,

including any discharge that would violate a prohibition under Section 310 .202

with procedures for follow-up written notification within five days

;

I

D)

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 structures or equipment, measures for

containing toxic organic pollutants (including solvents), or measures and

equipment for emergency response

;

---

I

I

&2) Investigate

instances of noncompliance with pretreatment standards and

requirements, as indicated in the reports and notices required under Subpart D

of this Part or as indicated by analysis, inspection, and surveillance

activities described in subsection (b) (5) of this Section . Sample taking and

analysis, and the collection of other information, must be performed with

sufficient care to produce evidence admissible in enforcement proceedings or in

judicial actions ; and

a-&..)

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 must include provision for providing, at least

annually, public notification, in a newspaper of general circulation in the unit

of lo al government in which jurisdictions served by the POTW

io located,

of

industrial users that, at any time during the previous 12 months, were in

significant noncompliance with applicable pretreatment requirements. For the

purposes of this provision, an a significant industrial user (or any industrial

user that violates subsection (b) (8)

(C),

(b) (8) (D),

or (b) (8) (H) of this

Sectiox,L is in significant noncompliance if its violation meets one or more of

the following criteria

:

A)

Chronic violations of wastewater discharge limits, defined here as those

in which 66 percent or more of all of the measurements taken for the same

pollutant parameter during a six-month period exceed (by any magnitude)

the

daily maximumlimit or the avcragclimit for the name pollutant parameter

a

numeric pretreatment standard or requirement, including instantaneous limits, as

such are defined in Section 310 .110

;

B)

"Technical review criteria" (TRC) violations, which mean those violations

in which 33 percent or more of all of the measurements taken for

such the same

pollutant parameter taken during a six-month period equal or exceed the product

of the daily maximum limit or the avcragclimit numeric pretreatment standard or

requirement, including instantaneous limits, as such are defined in Section

310 .110, multiplied by the applicable TRC (TRC = 1 .4 for BOD, TSS, fats, oil,

and grease and 1 .2 for all other pollutants, except pH)

;

C)

Any other violation of a pretreatment effluent limit standard or

requirement, as such are defined in Section 310 .110, (daily maximum,

term long-term average, instantaneous limit, or narrative standard) that the

Control Authority POTW 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)

;

D)

Any discharge of a pollutant that has caused imminent endangerment to

human health, welfare, or the environment or has resulted in the POTW's exercise

of its emergency authority under subsection (a) (6) (B) of this Section to halt or

prevent such a discharge

;

E)

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 ;

I

F)

Failure to provide, within 3-0-45 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

;

---

G)

Failure to accurately report noncompliance ;

or

H)

Any other violation or group of violations, which may include a violation

of best management practices, that the Ageaey-POTW determines will adversely

affect the operation or implementation of the local pretreatment program

.

c)

The POTW must have sufficient resources and qualified personnel to carry

the authorities and procedures described in subsections (a) and (b) of this

Section

.

d)

Local limits . The POTW must develop local limits as required in Section

310 .210 or demonstrate that they are not necessary

.

e)

The POTW must develop and implement an enforcement response plan . This

plan must contain detailed procedures indicating how a POTW will investigate and

respond to instances of industrial user noncompliance . The plan shall, at a

minimum, do the following :

1)

Describe how the POTW will investigate instances of noncompliance

;

2) Describe the types of escalating enforcement responses the POTW will take

in response to all anticipated types of industrial user violations and the time

periods within which responses will take place ;

3)

Identify (by title) the officials responsible for each type of response ;

and

4)

Adequately reflect the POTW's primary responsibility to enforce all

applicable pretreatment requirements and standards, as detailed in subsections

(a) and (b) of this Section

.

f)

The POTW must prepare and maintain a list of its industrial users meeting

the criteria in the first paragraph of the definition of "significant industrial

user" at Section 310 .110 . The list must identify the criteria in the first

paragraph of the definition of "significant industrial user" at Section 310 .110

applicable to each industrial user and,

for industrial uocro mecting the

where applicable, must also

indicate whether the POTW has made a determination pursuant to the caveat in the

second paragraph of that definition that such industrial user should not be

considered a significant industrial user . The initial list must be submitted to

the Agcncy Approval Authority pursuant to Sections 310 .521 through 310 .533 as a

non-substantial program modification pursuant to Section 310 .923

.

Modificationo

Any modification to the list must be submitted to the

rgc_^__

•, •

Approval Authority

pursuant to Section 310 .612(a)

.

g)

Alternative use of general control mechanisms

.

1)

A POTW may use a single general control mechanism that applies to several

facilities in place of several individual control mechanisms applicable to

individual facilities . To use a general control mechanism, the following must

be true of all of the facilities to be covered by the general control mechanism

:

A)

The covered facilities must all involve the same or substantially similar

types of operations ;

I

B)

The covered facilities must all discharge the same types of wastes ;

---

C)

The covered facilities must all require the same effluent limitations

;

D)

The covered facilities must all require the same or similar monitoring ;

and

E)

In the opinion of the POTW, the covered facilities are more appropriately

controlled under a general control mechanism than under individual control

mechanisms

.

2)

To be covered by the general control mechanism, the significant industrial

user must file a written request for coverage that identifies its contact

information, production processes, the types of wastes generated, the location

for monitoring all wastes covered by the general control mechanism, any requests

in accordance with Section 310 .605(b) for a monitoring waiver for a pollutant

neither present nor expected to be present in the discharge, and any other

information the POTW deems appropriate . A monitoring waiver for a pollutant

neither present nor expected to be present in the discharge is not effective in

the general control mechanism until after the POTW has provided written notice

to the significant industrial user that such a waiver request has been granted

in accordance with Section 310 .605(b) . The POTW must retain a copy of the

general control mechanism, documentation to support the POTW's determination

that a specific significant industrial user meets the criteria in subsections

(a) (3)(i)(A) through (a) (3)(i)(E)

of this Section, and a copy of the significant

industrial user's written request for coverage for three years after the

expiration of the general control mechanism. A POTW may not control a

significant industrial user through a general control mechanism where the

facility is subject to production-based categorical pretreatment standards or

categorical pretreatment standards expressed as mass of pollutant discharged per

day or for-A significant industrial user whose limits are based on the combined

wastestream formula or net/gross calculations (Sections 310 .233 and 310 .801)

.

BOARD NOTE: Subsection (g) is derived from 40 CFR

403 .8(f)(1)(iii)(A)(1)(i)

through (f) (1) (iii) (A)(2),

as added at 70 Fed. Reg . 60134 (Oct . 14, 2005) . The

Board moved the text of these subsections, which would normally appear at this

subsection (a) (1)

(A),

to this subsection (g) to comply with Illinois

Administrative Code codification requirements

.

BOARD NOTE: Derived from 40 CFR 403 .8(f)

(2003)

(2005), as amended at 70 Fed

.

Reg . 60134 (Oct . 14, 2005)

.

I

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I

(Source: Amended at 30 Ill . Reg

. -,

effective

)

Section 310 .511

Receiving Electronic Documents

A POTW that chooses to receive electronic documents must satisfy the

requirements of Section 310 .106

.

BOARD NOTE: Derived from 40 CFR 403 .8(g), as added at 70 Fed . Reg. 59848 (Oct

.

13, 2005)

.

(Source : Added at 30 Ill . Reg

.

-,

effective

)

SUBPART F : REPORTING REQUIREMENTS

Section 310 .601

Definition of Control Authority (Repealed)

---

appropriateofthefollowing

.

a4-

310 .110 ) hasbeenapprovedin accordance with

310 .10 through 310 .S1G,

or

b)

The Agency,

if the submission has not been approved

.

(Source : Repealed at 30 111 . Reg

. -,

effective

Section 310 .602

Baseline Report

Within the time limits specified in subsection (h) of this Section, existing

industrial users subject to such categorical pretreatment standards and

currently discharging to or scheduled to discharge to a POTW must submit to the

Control Authority a report that contains the information listed in subsections

(a) through (g) of this Section . New sources, and sources that become

industrial users subsequent to the promulgation of an applicable categorical

standard, must submit to the Control Authority a report that contains the

information listed in subsections (a) through (e) of this Section . Where

reports containing this information already have been submitted to the USEPA in

compliance with 40 CFR 128 .140(b) (1977),

incorporated by reference in Ccction

310 .107,

the industrial user must not be required to submit this information

again. New sources must also include in the report information on the method of

pretreatment the source intended to use to meet applicable pretreatment

standards . New sources must give estimates of the information requested in

subsections (d) and (e) of this Section .

a)

Identifying information. The industrial user must submit the name and

address of the facility including the name of the operator and owners

;

b)

Permits . The industrial user must submit a list of any environmental

control permits held by or for the facility ;

c)

Description of operations . The industrial user must submit a brief

description of the nature, average rate of production, and standard industrial

classification (SIC Code) of the operations carried out by such industrial user,

as determined using the Standard Industrial Classification manual, incorporated

by reference in Section 310 .110(a) . This description should include a schematic

process diagram that indicates points of discharge to the POTW from the

regulated processes

;

d) Flow measurement . The industrial user must submit information showing

the measured average daily and maximum daily flow, in gallons per day, to the

POTW from each of the following

:

1)

Regulated process streams ; and

2)

Other streams as necessary to allow use of the combined waste stream

formula of Section 310 .233

.

(See subsection (e)

(5)

(c) (4)

of this Section .)

The Control Authority may allow for verifiable estimates of

these

flown where

justified by coot or feasibility considcrationo ;

the requirements of Ccction

---

e)

Measurement of pollutants

.

1)

The industrial user must identify the pretreatment standards applicable to

each regulated process

.

2)

In addition, the industrial user must submit the results of sampling and

analysis identifying the nature and concentration (or mass, where required by

the standard or Control Authority) of regulated pollutants in the discharge from

each regulated process . Both daily maximum and average concentration (or mass,

where required) must be reported. The sample must be representative of daily

operations . In cases where the categorical standard requires compliance with a

best management practice or pollution prevention alternative, the industrial

user shall submit documentation as required by the Control Authority or the

applicable categorical standards to determine compliance with the categorical

standard

.

3)

phenols, oil and gr aoc,

sulfide,

and volatile organico

.

For all

other

pollutants,

24 hour compos ite samples must be obtained through flow proport ional

that flow proport ional sampling is inf aoiblc

.

In ouch

aoco,

samples must be

obtained through time proportional composite sampling tcchniquco or through a

minimum of four grab samples where the user demonstratesthat thin will provide

a representat ive sample of the effluent being diocharged.43)

The user must

take a minimum of one representative sample to compile that data necessary to

comply with the requirements of this subsection

.

541) Samples must be taken immediately downstream from pretreatment facilities

if such exist or immediately downstream from the regulated process if no

pretreatment exists . If other wastewaters are mixed with the regulated

wastewater prior to pretreatment the industrial user must measure the flows and

concentrations necessary to allow use of the combined waste stream formula of

Section 310 .233 in order to evaluate compliance with the pretreatment standards

.

Where an alternate concentration or mass limit has been calculated in accordance

with Section 310 .233, this adjusted limit along with supporting data must be

submitted to the Control Authority

.

6-5J) Analytical methods . Sampling and analysis must be performed in accordance

with the techniques prescribed in 35 Ill . Adm. Code 307 .1003 . When 35 111 . Adm .

Code 307 .1003 does not reference sampling or analytical techniques for the

pollutant in question or where USEPA has determined that sampling and analysis

techniques are inappropriate pursuant to 40 CFR 403 .12(b), incorporated by

reference in Section 310 .107(c), sampling and analysis must be performed by

using validated analytical methods or any other applicable sampling and

analytical procedures; approved by the Agency, including procedures suggested by

the POTW or other parties

.

I

I

I

B}

Campling and analysis must be performed in accordance with the tcchniquco

prescribed in 35 Ill . Adm. Code 307 .1003

.

When 3. 111 . Adm. Code 307 .1003 does

not reference sampling or analytical tcchniquco for the pollutant in question or

where UCEIA has determined

that

sampling and analysis tcchniquco arc

---

performedby using validated analyti al methods or any other applicable sampling

and analytiopl p roccdurco,

approved by the Agency,

including proccdurco

nuggeoted by the POTW or other part ies

.

a-4k)

The Control Authority may allow the submission of a baseline report that

utilizes only historical data so long as the data provides information

sufficient to determine the need for industrial pretreatment measures

.

&7Z) The baseline report must indicate the time, date, and place of sampling,

and methods of analysis, and must certify that such sampling and analysis is

representative of normal work cycles and expected pollutant discharges to the

POTW .

f)

Certification. A statement, reviewed by an authorized representative of

the industrial user (as defined in Section 310 .633) and certified to by a

qualified professional, indicating whether pretreatment standards are being met

on a consistent basis, and, if not, whether additional operation and maintenance

(0 and M) or additional pretreatment is required for the industrial user to meet

the pretreatment standards and requirements

;

g)

Compliance schedule . If additional pretreatment or 0 and M will be

required to meet the pretreatment standards ; the shortest schedule by which the

industrial user will provide such additional pretreatment or 0 and M. The

completion date in this schedule must not be later than the compliance date

established for the applicable pretreatment standard

.

1)

Where the industrial user's categorical pretreatment standard has been

modified by a removal allowance (Subpart C of this Part), by the combined waste

stream formula (Section 310 .233) or a fundamentally different factors

determination (Subpart E of this Part) at the time the user submits the report

required by this Section, the information required by subsections (f) and (g) of

this Section must pertain to the modified limits

.

2)

If the categorical pretreatment standard is modified by a removal

allowance (Subpart C of this Part), by the combined waste stream formula

(Section 310 .233) or a fundamentally different factors determination (Subpart E

of this Part) after the user submits the report required by this Section, any

necessary amendments to the information requested by subsections (f) and (g) of

this Section must be submitted by the user to the Control Authority within 60

days after the modified limit is approved .

h)

Deadlines for baseline reports .

1)

For standards adopted by USEPA prior to authorization of the Illinois

pretreatment program, baseline reports must be submitted pursuant to 40 CFR

403 .12(b)

.

2)

For standards adopted by USEPA after authorization of the Illinois

pretreatment program :

I

I

A)

Baseline reports for existing sources are due within 180 days after the

Board adopts or incorporates a categorical pretreatment standard or 180 days

after the final administrative decision made upon a category determination

submission under Section 310 .221(d), whichever is later

.

---

B)

New sources and sources that become industrial users subsequent to the

promulgation of an applicable categorical standard must submit the baseline

report within 90 days before beginning discharge

.

C)

New sources already in existence and discharging on the date the Board

adopts or incorporates a categorical pretreatment standard or 180 days after the

final administrative decision made upon a category determination submission

under Section 310 .221(d), as described for existing sources under subsection

(h) (1) (A) of this Section, are considered existing sources for the purposes of

the due date provisions of this subsection .

BOARD NOTE: Derived from 40 CFR 403 .12(b )

(2003)

Reg . 60134 (Oct . 14, 2005)

.

(Source : Amended at 30 Ill . Reg

. -,

effective

)

Section 310 .605

Periodic Reports on Compliance

a)

Any industrial user subject to a categorical pretreatment standard (except

a non-significant categorical user as defined in Section 310 .110), after the

compliance date of such pretreatment standard or, in the case of a new source,

after commencement of the discharge into the POTW, must submit to the Control

Authority during the months of June and December, unless required more

frequently in the pretreatment standard or by the Control Authority, a report

indicating the nature and concentration of pollutants in the effluent that are

limited by such categorical pretreatment standards . In addition, this report

must include a record of measured or estimated average and maximum daily flows

for the reporting period for the discharge reported in Section 310 .602(d),

except that the Control Authority may require more detailed reporting of flows

.

In cases where the pretreatment standard requires compliance with a best

management practice (or pollution prevention alternative), the industrial user

shall submit documentation required by the Control Authority or the pretreatment

standard necessary to determine the compliance status of the industrial user

.

In consideration of such factors as local high or low flow rates, holidays,

budget cycles, etc ., the Control Authority may alter the months during which the

reports required by this subsection (a) are to be submitted

.

b)

The Control Authority must authorize the industrial user subject to a

categorical pretreatment standard to forego sampling of a pollutant regulated by

a categorical pretreatment standard if it determines that the industrial user

has demonstrated through sampling and other technical factors that the pollutant

is neither present nor expected to be present in the discharge or that the

pollutant is present only at background levels from intake water and without any

increase in the pollutant due to activities of the industrial user. This

authorization is subject to the following conditions

:

1)

The Control Authority may authorize a waiver only where it determines that

a pollutant is present solely due to sanitary wastewater discharged from the

facility, provided that the sanitary wastewater is not regulated by an

applicable categorical standard, and the sanitary wastewater otherwise includes

no process wastewater

;

I

2)

The monitoring waiver is valid only for the duration of the effective

period of the permit or other equivalent individual control mechanism, but in no

case longer than five years . The industrial user must submit a new request for

the waiver before the waiver can be granted for each subsequent control

mechanism ;

(2005), as amended at 70 Fed

.

---

I

I

I

3)

In making a demonstration that a pollutant is not present, the industrial

user must provide data from at least one sampling of the facility's process

wastewater prior to any treatment present at the facility that is representative

of all wastewater from all processes . The request for a monitoring waiver must

be signed in accordance with Section 310 .631 and include the certification

statement in Section 310 .221(b)(2) . Non-detectable sample results may only be

used as a demonstration that a pollutant is not present only if the USEPA-

approved method from 40 CFR 136, incorporated by reference in Section

310 .107(b), with the lowest minimum detection level for that pollutant was used

in the analysis

;

4)

Any grant of a monitoring waiver by the Control Authority must be included

as a condition in the industrial user's control mechanism . The reasons

supporting the waiver and any information submitted by the industrial user in

its request for the waiver must be maintained by the Control Authority for three

years after expiration of the waiver ;

5)

Upon approval of the monitoring waiver and revision of the industrial

user's control mechanism by the Control Authority, the industrial user must

certify on each report. with the statement below, that there has been no

increase in the pollutant in its wastestream due to activities of the industrial

user

:

Based on my inquiry of the person or persons directly responsible for managing

compliance with the pretreatment standard for ?Subpart [Subpart number of the

applicable national pretreatment standard] of 35 Ill . Adm. Code 307, I certify

that, to the best of my knowledge and belief, there has been no increase in the

level of ?[list pollutants] in the wastewaters due to the activities at the

facility since filing of the last periodic report under 35 Ill . Adm. Code

310 .605(a)

;

6)

In the event that a waived pollutant is found to be present or is expected

to be present based on changes that occur in the industrial user's operations,

the industrial user must immediately comply with the monitoring requirements of

subsection (a) of this Section or other more frequent monitoring requirements

imposed by the Control Authority; and it must notify the Control Authority ; and

7)

This subsection (b) does not supersede certification processes and

requirements established in categorical pretreatment standards, except as

otherwise specified in the categorical pretreatment standard

.

beg) Where the Control Authority has imposed mass limitations on industrial

users as provided by Section 310 .232, the report required by subsection (a) of

this Section must indicate the mass of pollutants regulated by pretreatment

standards in the discharge from the industrial user .

I

e4)

For industrial users subject to equivalent mass or concentration limits

established by the Control Authority in accordance with the procedures in

Section 310 .230, the report required by subsection (a) of this Section must

contain a reasonable measure of the user's long-term production rate . For all

other industrial users subject to categorical pretreatment standards expressed

only in terms of allowable pollutant discharge per unit of production (or other

measure of operation), the report required by subsection (a) of this Section

must include the user's actual average production rate for the reporting period

.

---

BOARD NOTE : Derived from 40 CFR 403 .12(e )

(2003)

(2005), as amended at 70 Fed

.

Reg. 60134 (Oct. 14, 2005)

.

(Source : Amended at 30 111 . Reg

. -,

effective

)

Section 310 .610

Monitoring and Analysis

a)

The Except in the case of a non-significant categorical user, the reports

required in Ccction Sections 310 .602(e), 310 .604,

and 310 .605, and 310 .611 must

contain the results of sampling and analysis of the discharge, including the

flow and the nature and concentration or production and mass where requested by

the Control Authority of pollutants contained in the discharge that are limited

by the applicable pretreatment standards . This sampling and analysis may be

performed by the Control Authority instead of the industrial user . Where the

POTW performs the required sampling and analysis instead of the industrial user,

the user is not required to submit the compliance certification required under

Sections 310 .602(f) and 310 .604 . In addition, where the POTW itself collects

all the information required for the report, including flow data, the industrial

user is not required to submit the report

.

b)

If sampling performed by an industrial user indicates a violation, the

user must notify the Control Authority with 24 hours after becoming aware of the

violation. The user must also repeat the sampling and analysis and submit the

results of the repeat analysis to the Control Authority within 30 days after

becoming aware of the violation,

cxccpt the industrial uocr io

not rcquircd to

rcoamplcif cithcr of the following occura. Where the Control Authority has

performed the sampling and analysis in lieu of the industrial user, the Control

Authority must perform the repeat sampling and analysis, unless it notifies the

industrial user of the violation and requires the industrial user to perform the

repeat analysis . Resampling is not required if the following conditions are

fulfilled :

1)

The Control Authority performs sampling at the industrial user at a

frequency of at least once per month; or

2)

The Control Authority performs sampling at the user between the time when

the uocr performs ito initial sampling was conducted and the time when the

industrial user or the Control Authority receives the results of this sampling

.

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c)

The reports required in Ccct ion Sections 310 .602, 310 .604, 310 .605, and

310 .611 must be based upon data obtained through appropriate sampling and

analysis performed during the period covered by the report, which data-i& are

representative of conditions occurring during the reporting period. The Control

Authority must require that frequency of monitoring necessary to assess and

assure compliance by industrial users with applicable pretreatment standards and

requirements . Grab samples must be used for pH, cyanide, total phenols, oil and

grease, sulfide, and volatile organic compounds . For all other pollutants, 24-

hour composite samples must be obtained through flow-proportional composite

sampling techniques, unless time-proportional composite sampling or grab

sampling is authorized by the Control Authority . Where time-proportional

composite sampling or grab sampling is authorized by the Control Authority, the

samples must be representative of the discharge and the decision to allow the

alternative sampling must be documented in the industrial user file for that

facility or facilities . Using protocols (including appropriate preservation)

specified in 40 CFR 136, incorporated by reference in Section 310 .107(b), and

appropriate USEPA guidance, multiple grab samples collected during a 24-hour

period may be composited prior to the analysis as follows : for cyanide, total

---

phenols,

and sulfides the samples may be composited in the laboratory or in the

field; for volatile organics and oil and grease, the samples may be composited

in the laboratory

.

Composite samples for other parameters unaffected by the

compositing procedures as documented in USEPA-approved methodologies may be

authorized by the Control Authority, as appropriate

.

d)

For sampling required in support of baseline monitoring and 90-day

compliance reports required in Sections 310 .602 and 310 .604, a minimum of four

grab samples must be used for pH, cyanide, total phenols, oil and grease,

sulfide, and volatile organic compounds for facilities for which historical

sampling data do not exist; for facilities for which historical sampling data

are available, the Control Authority may authorize a lower minimum . For the

reports required by Sections 310 .605 and 310 .611, the Control Authority must

require the number of grab samples necessary to assess and assure compliance by

industrial users with applicable pretreatment standards and requirements

.

der)

All analyses must be performed in accordance with procedures referenced in

35 Ill . Adm. Code 307 .1003, or with any other test procedure approved by the

Agency. Sampling must be performed in accordance with the techniques approved

by the Agency .

Where 35 Ill . Adm. Code 307 .1003 does not reference sampling or

analytical techniques for the pollutants in question, or where USEPA has

determined as provided in Section 310 .602 that sampling and analytical

techniques are inappropriate, sampling and analyses must be performed using

validated analytical methods or any other sampling and analytical procedures

including procedures approved by the POTW or other persons

.

e€f)

If an industrial user subject to the reporting requirement in section

310 .605 monitors any regulated pollutant at the appropriate sampling location

more frequently than required by the Control Authority, using the procedures

prescribed in subsection

(d)

(e)

of this Section, the results of this monitoring

must be included in the report

.

BOARD NOTE

:

Derived from 40 CFR 403 .12(g )

(2003) (2005), as amended at 70 Fed

.

Reg. 60134 (Oct . 14, 2005)

.

(Source

:

Amended at 30 111 . Reg . -,

effective

)

Section 310 .611

Requirements for Non-Categorical Users

The Control Authority must require appropriate reporting from those industrial

users with discharges that are not subject to categorical pretreatment

standards

.

Significant nonevatcgori al non-categorical industrial users must

submit to the Control Authority at least once every six months (on dates

specified by the Control Authority) a description of the nature, concentration,

and flow of the pollutants required to be reported by the Control Authority . In

cases where a local limit requires compliance with a best management practice or

pollution prevention alternative, the industrial user must submit documentation

required by the Control Authority to determine the compliance status of the

industrial user. These reports must be based on sampling and analysis performed

in the period covered by the report; and pcrformcd in accordance with the

techniques described in 40 CFR 136, incorporated by reference at Section

310 .107

.

Where 1 CFR 13G doco not contain campling or analyti al tcchniquco

for the pollutant in qucotion,

or where the Agency dcterminco that the 10 CPR

136 oampling and analyti al tcchniquco

arc inappropriatc for the pollutant in

I

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methods or any otherapplicable sampling and analyti al procedures,

including

---

report

.

For the purposes of this Section, "significant nonatcgorical non-

categorical industrial user" means a significant industrial user that is not

subject to categorical pretreatment standards

.

BOARD NOTE : Derived from 40 CFR 403 .12(h )

(2003)

(2005), as amended at 70 Fed

.

Reg . 60134 (Oct . 14, 2005)

.

(Source: Amended at 30 Ill . Reg

. -,

effective )

Section 310 .612

Annual POTW Reports

POTWs with approved pretreatment programs must provide the Approval Authority

with a report that briefly describes the POTW's program activities, including

activities of all participating agencies, if more than one jurisdiction is

involved in the local program . The report required by this Section must be

submitted no later than one year after approval of the POTW's pretreatment

program and at least annually thereafter. The report must include, at a

minimum, the following :

a)

An updated list of the POTW's industrial users, including their names and

addresses or a list of deletions and additions keyed to a previously submitted

list . The POTW must provide a brief explanation of each deletion. This list

must identify which industrial users are subject to categorical pretreatment

standards and specify which standards are applicable to each industrial user

.

The list must indicate which industrial users are subject to more stringent than

the categorical pretreatment standards . The POTW must also list the industrial

users that are subject only to local requirements . The list must also identify

industrial users that are subject to categorical pretreatment standards and

which are subject to reduced reporting requirements under Section 310 .605(c),

and the list must identify which industrial users are non-significant

categorical industrial users

.

b)

A summary of the status of industrial user compliance over the reporting

period

.

c)

A summary of compliance and enforcement activities (including inspections)

conducted by the POTW during the reporting period .

d)

A summary of changes to the POTW's pretreatment program that have not been

previously reported to the Agency

.

BOARD NOTE : Derived from 40 CFR 403 .12(i)

(2003)

(2005), as amended at 70 Fed

.

Reg . 60134 (Oct. 14, 2005)

.

(Source : Amended at 30 Ill . Reg

. -,

effective

)

Section 310 .613

Notification of Changed Discharge

I

I

i

I

An industrial user must promptly notify the Control Authority (and the POTW if

the POTW is not the Control Authority) in advance of any substantial change in

the volume or character of pollutants in its 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

)

(2003)

(2005), as amended at 70 Fed

.

Reg . 60134 (Oct. 14, 2005)

.

(Source : Amended at 30 Ill . Reg

.

-,

effective

)

Section 310 .621

Compliance Schedule for POTWs

The following conditions and reporting requirements must apply to the compliance

schedule for development of an approvable POTW pretreatment program required by

Section 310 .501 through 310 .510

.

a)

The schedule must contain increments of progress in the form of dates for

the commencement and completion of major events leading to the development and

implementation of a POTW pretreatment program

(e .g .,

acquiring required

authorities, developing funding mechanisms, acquiring equipment)

;

b)

No increment referred to in Section 310 .621(a) must exceed nine months

;

c)

Not later than 14 days following each date in the schedule and the final

date for compliance, the POTW must submit a progress report to the Agency

including as a minimum, whether or not it complied with the increment of

progress to be met on such date and, if not, the date on which it expects to

comply with this increment of progress, the reason for delay, and the steps

taken by the POTW to return to the schedule established . In no event must more

than nine months elapse between such progress reports to the Agency

.

BOARD NOTE : Derived from 40 CFR 403 .12(h)

(2003)

403 .12(k) (2005), as amended

at 70 Fed. Reg. 60134 (Oct . 14, 2005)

.

(Source : Amended at 30 Ill . Reg

. -,

effective

)

Section 310.631

Signatory Requirements for Industrial User Reports

The reports required by Sections 310.602, 310 .604, and 310 .605 must include the

certification statement as set forth in Section 310 .221(b)(2) and must be signed

as follows :

a)

By a responsible corporate officer, if the industrial user submitting the

reports required in Sections 310 .602, 310 .604, and 310 .605 is a corporation .

For the purposes of this Section, a responsible corporate officer means one of

the following

:

1)

A president, secretary, treasurer, or vice-president of the corporation in

charge of a principal business function or any other person who performs similar

policy or decision-making functions for the corporation ; or

I

I

I

2)

The manager of one or more manufacturing, production, or

operating facilities cmploying morc than 2:0 pcroono

or having groac annua l

aa lco or cxpcnditurco cxcccding $25 million

(in occond quartcr 1900 dollaro)

if,

providcd, . nrnvirie4 the manager is authorized to make management decisions that

govern the operation of the regulated facility, including having the explicit or

implicit duty of making major capital investment recommendations, and

initiatciniti,at.ing and dircctdirertinq other comprehensive measures to assure

long-term environmental compliance with environmental laws and regulations

;

the

Minaaer can ensure that the necessary systems are established or actions taken

to gather complete and accurate information for control mechanism requirements

;

and where authority to sign documents has been assigned or delegated to the

manager in accordance with corporate procedures

.

---

b)

A general partner or proprietor, if the industrial user submitting the

report required by Sections 310 .602, 310 .604, and 310 .605 is a partnership or

sole proprietorship, respectively

.

c)

A duly authorized representative of the individual designated in

subsection (a) or (b) of this Section, if

:

1)

The authorization is made in writing by the individual described in

subsection (a) or (b) of this Section

;

2)

The authorization specifies either an individual or a position having

responsibility for the overall operation of the facility from which the

industrial discharge originates, such as the position of plant manager, operator

of a well, well field superintendent, or a position of equivalent responsibility

or having overall responsibility for environmental matters for the company ; and

3)

The written authorization is submitted to the Control Authority .

d)

If an authorization under subsection (c) of this Section is no longer

accurate because a different individual or position has responsibility for the

overall operation of the facility or overall responsibility for environmental

matters for the company, a new authorization satisfying the requirements of

subsection (c) of this Section must be submitted to the Control Authority prior

to or together with any reports to be signed by an authorized representative

.

BOARD NOTE : Derived from 40 CFR 403 .12(1

)

(2003)

(2005), as amended at 70 Fed

.

Reg . 60134 (Oct . 14, 2005)

.

(Source : Amended at 30 Ill . Reg

. -,

effective

)

Section 310 .632

Signatory Requirements for POTW Reports

Reports submitted to the Agency by the POTW in accordance with Section 310 .621

310 .612 must be signed by a principal executive officer, ranking elected

official, or other duly authorized employee ifouchcmploycc io rcoponoiblo

.

The duly authorized employee must be an individual or position having

responsibility for the overall operation of the POTW facility or the

pretreatment program. This authorization must be made in writing by the

principal executive officer or ranking elected official and submitted to the

Approval Authority prior to or together with the report being submitted

.

BOARD NOTE : Derived from 40 CFR 10 CPR 403 .12(m )

(2003)

(2005), as amended at

70 Fed. Reg . 60134 (Oct . 14, 2005)

.

(Source : Amended at 30 Ill . Reg . -,

effective

)

Section 310 .633

Fraud and False Statements

I

I

I

The reports required by this Subpart are subject to the provisions of Section

1001 of Crimes and Criminal Procedure (18 USC 1001), incorporated by reference

in Section 310 .107, relating to fraud and false statements ; the provisions of

section 309(c)(4) of the CWA (33 USC 1319(c)(4)), incorporated by reference in

Section 310 .107(c), governing false statements, representations, or

certifications in reports required under the CWA; the provisions of section

309(c)(6) of the CWA (33 USC 1319(c)(6)), incorporated by reference in Section

---

310 .107(c),

regarding responsible corporate officers

; and to

the provisions of

Title XII of the Act

.

BOARD NOTE : Derived from 40 CFR 403 .12(n)

(2003)

( 2005)

.

(Source : Amended at 30 Ill . Reg

. -,

effective

)

Section 310 .634

Recordkeeping Requirements

a)

Any industrial user and POTW subject to the reporting requirements

established in this Subpart must maintain records of all information resulting

from any monitoring activities required by this Subpart F, including

documentation associated with best management practices . Such records must

include the following information for all samples

:

1)

The date, exact place, method, and time of sampling, and the names of the

person or persons taking the samples

;

2)

The dates analyses were performed

;

3)

Who performed the analyses ;

4)

The analytical techniques/methods use ; and

5)

The results of such analyses

.

b)

Any industrial user or POTW subject to the reporting requirements

established in this Subpart F (including documentation associated with best

management practices) must be required to retain for a minimum of three years

any records of monitoring activities and results (whether or not such monitoring

activities are required by this Section) and must make such records available

for inspection and copying by the Agency (and POTW in the case of an industrial

user) . This period of retention is extended during the course of any

unresolved litigation regarding the industrial user or POTW or when requested by

the Agency .

c)

Any POTW to which reports are submitted by an industrial user pursuant to

Sections 310 .602, 310.604, 310 .605, and 310 .611 must retain such reports for a

minimum of three years and must make such reports available for inspection and

copying by the Agency. This period of retention must be extended during the

course of any unresolved litigation regarding the discharge of pollutants by the

industrial user or the operation of the POTW pretreatment program or when

requested by the Agency

.

BOARD NOTE : Derived from 40 CFR 103 .12(1)

(2003)

403 .12(o) (2005), as amended

at 70 Fed. Reg . 60134 (Oct . 14, 2005)

.

(Source : Amended at 30 Ill . Reg . -

effective

)

Section 310 .636

Annual Certification by Non-Significant Categorical Users

I

I

I

I

A facility defined as a non-significant categorical industrial user in Section

310 .110 must annually submit the following certification statement, signed in

accordance with the signatory requirements in Section 310.631 . The following

certification must accompany any alternative report required by the Control

Authority :

---

I

Based on my inquiry of the person or persons directly responsible for managing

compliance with the categorical pretreatment standards under Subpart [Subpart

number of the applicable national pretreatment standard] of 35 Ill . Adm. Code

307, I certify that, to the best of my knowledge and belief that during the

period from [insert beginning month, day, year] ; to [insert ending month, day,

year]

:

4a) The facility described as [insert facility name] met the definition of a

non-significant categorical industrial user, as such is defined in 35 Ill . Adm .

Code 310 .110

;

4b)

The facility complied with all applicable pretreatment standards and

requirements during this reporting period; and

4c)

The facility never discharged more than 100 gallons of total categorical

wastewater on any given day during this reporting period

.

This compliance certification is based upon the following information : [insert

the information]

BOARD NOTE : Derived from 40 CFR 403 .12(q), as added at 70 Fed. Reg . 60134 (Oct

.

14, 2005)

.

(Source : Added at 30 Ill . Reg .

-,

effective

)

Section 310 .637

Receiving Electronic Documents

A Control Authority that chooses to receive electronic documents must satisfy

the requirements of Section 310 .106

.

BOARD NOTE : Derived from 40 CFR 403 .12(r), as added at 70 Fed . Reg . 59848 (Oct

.

13, 2005)

.

(Source : Added at 30 Ill . Reg

. -,

effective

)

SUBPART G: FUNDAMENTALLY DIFFERENT FACTORS

Section 310 .705

Factors that are Not Fundamentally Different

A FDF request or portion of such a request under this Subpart G must not be

granted on any of the following grounds

:

a)

The feasibility of installing the required waste treatment equipment

within the time the federal CWA (33 USC 1251 et seq .), incorporated by reference

in Section 310 .107(c), allows

;

b)

The assertion that the standards cannot be achieved with the appropriate

waste treatment facilities installed, if such assertion is not based on factors

listed in Section 310 .704

;

c)

The industrial user's ability to pay for the required waste

treatment; or

d)

The impact of a discharge on the quality of the POTW's receiving waters

.

I

I

BOARD NOTE : Derived from 40 CFR 403 .13(e) (2003 )

( 2005)

.

---

(Source

:

Amended at

30

Ill

.

Reg

. -,

effective

)

Section 310 .711

Application Deadline

a)

Request for an FDF determination and supporting information must be

submitted in writing to the Agency .

b)

In order to be considered, requests for FDF determinations must be

submitted within the following time limits

:

1)

Prior to authorization of the Illinois program, FDF requests must be

directed to USEPA pursuant to 40 CFR 103 .13

(2003) .401 .13

.

2)

For standards adopted by USEPA after authorization of the Illinois

pretreatment program, the industrial user must request an FDF determination

within 180 days after the Board adopts or incorporates the standard by reference

unless the user has requested a category determination pursuant to Section

310 .221

.

c)

Where the industrial user has requested a category determination pursuant

to Section 310 .221, the user may elect to await the results of the category

determination before submitting a request for an FDF determination. Where the

user so elects, the user must submit the request within 30 days after a final

decision has been made on the categorical determination pursuant to Section

310 .221(d)

.

BOARD NOTE : Derived from 40 CFR 403 .13(g )

(2003)

(2005), as amended at 70 Fed

.

Reg. 60134 (Oct . 14, 2005)

.

(Source : Amended at 30 Ill . Reg

. -,

effective

)

SUBPART H: ADJUSTMENTS FOR POLLUTANTS IN INTAKE

Section 310 .801

Net/Gross Calculation by UCEPA

US EPA The Control Authority may adjust categorical pretreatment standards to

reflect the presence of pollutants in the industrial user's intake water as

provided in 40 CFR 403 .15

(2003),403 .15

.

incnrnnrated

by reference in Sertinn

.

110 .107(h)

incorporated by reference in Section 310 .107(b)

.

BOARD NOTE : Derived from 40 CFR 403 .15 (2005), as amended at 70 Fed . Reg . 60134

(Oct . 14, 2005)

.

(Source : Amended at 30 Ill . Reg

. -,

effective

)

SUBPART J: BYPASS

Section 310 .912

Notice

a)

If an industrial user knows in advance of the need for a bypass, it must

submit prior notice to the Control Authority, if possible at least 10 days

before the date of the bypass

.

I

I

I

I

I

b)

An industrial user must submit oral notice of an unanticipated bypass that

exceeds applicable pretreatment standards to the Control Authority within 24

hours from the time the industrial user becomes aware of the bypass . A written

submission must also be provided within five days after the time the industrial

---

I

user becomes aware of the bypass. The written submission must contain the

following

:

1)

A description of the bypass and its cause

;

2)

The duration of the bypass, including exact dates and times and ;

and

3)

If the bypass has not been corrected, the anticipated time it is expected

to continue and the steps taken or planned to reduce, eliminate and prevent

reoccurrence of the bypass

.

c)

The Control Authority may waive the written report on a case-by-case basis

if the oral report has been received within 24 hours

.

BOARD NOTE : Derived from 40 CFR 403 .17(c)

(2003)

(2005)

.

(Source : Amended at 30 Ill . Reg

. -,

effective

)

ILLINOIS RDCIETDR

JrAR350310-06135p1r01

POLLUTION CONTROL BOARD

I

I

NOTICE OF PROPOCDD AMENDMENT&

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TITLE 35

:

ENVIRONMENTAL PROTECTION

SUBTITLE C :

WATER POLLUTION

CHAPTER

I: POLLUTION CONTROL BOARD

PART 307

SEWER DISCHARGE

CRITERIA

SUBPART A: GENERAL PROVISIONS

Section

307 .101

Preamble (Renumbered)

307 .102

General Requirements (Renumbered)

307 .103

Mercury (Renumbered)

307 .104

Cyanide (STORET number 00720) (Renumbered)

307 .105

Pretreatment Requirements (Repealed)

307 .1001

Preamble

307 .1002

Definitions

307 .1003

Test Procedures for Measurement

307 .1005

Toxic Pollutants

107,1006

E1

on ;

R po

ing

SUBPART B : GENERAL AND SPECIFIC PRETREATMENT REQUIREMENTS

Section

307 .1101

General and Specific Requirements

307 .1102

Mercury

307 .1103

Cyanide

SUBPART F : DAIRY PRODUCTS PROCESSING

Section

307 .1501

Receiving Stations

307 .1502

Fluid Products

307 .1503

Cultured Products

307 .1504

Butter

307 .1505

Cottage Cheese and Cultured Cream Cheese

307 .1506

Natural and Processed Cheese

307 .1507

Fluid Mix for Ice Cream and other Frozen Desserts

307 .1508

Ice Cream, Frozen Desserts, Novelties, and Other Dairy Desserts

307 .1509

Condensed Milk

307 .1510

Dry Milk

307 .1511

Condensed Whey

307 .1512

Dry Whey

SUBPART G: GRAIN MILLS

I

Section

307 .1601

Corn Wet Milling

307 .1602

Corn Dry Milling

307 .1603

Normal Wheat Flour Milling

307 .1604

Bulgur Wheat Flour Milling

307 .1605

Normal Rice Milling

307 .1606

Parboiled Rice Milling

307.1607

Animal Feed

307 .1608

Hot Cereal

307 .1609

Ready-to-Eat Cereal

307 .1610

Wheat Starch and Gluten

---

SUBPART H : CANNED AND PRESERVED FRUITS AND VEGETABLES

Section

307 .1700

General Provisions

307 .1701

Apple Juice

307 .1702

Apple Products

307 .1703

Citrus Products

307 .1704

Frozen Potato Products

307 .1705

Dehydrated Potato Products

307 .1706

Canned and Preserved Fruits

307 .1707

Canned and Preserved Vegetables

307 .1708

Canned and Miscellaneous Specialties

SUBPART I : CANNED AND PRESERVED SEAFOOD

Section

307 .1801

Farm-Raised Catfish

307 .1815

Fish Meal Processing Subcategory

SUBPART J : SUGAR PROCESSING

Section

307 .1901

307 .1902

307 .1903

SUBPART K

:

Section

307 .2000

307 .2001

307 .2002

307 .2003

307 .2004

307 .2005

307 .2006

307 .2007

307 .2008

307 .2009

Beet Sugar Processing

Crystalline Cane Sugar Refining

Liquid Cane Sugar Refining

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

Section

307 .2101

Nonleaching

307 .2102

Leaching

307 .2103

Materials Storage Piles Runoff

SUBPART M: CONCENTRATED ANIMAL FEEDING OPERATIONS

Section

307 .2201

General

307 .2202

Ducks

SUBPART N: ELECTROPLATING

Section

---

307 .2300

General Provisions

307 .2301

Electroplating of Common Metals

307 .2302

Electroplating of Precious Metals

307 .2304

Anodizing

307 .2305

Coatings

307 .2306

Chemical Etching and Milling

307 .2307

Electroless Plating

307 .2308

Printed Circuit Boards

SUBPART 0 :

ORGANIC CHEMICALS,

PLASTICS,

AND SYNTHETIC FIBERS

Section

307 .2400

307 .2401

307 .2402

307 .2403

307 .2404

307 .2405

307 .2406

307 .2407

307 .2410

307 .2490

307 .2491

SUBPART P

:

Section

307 .2500

307 .2501

307 .2502

307 .2503

307 .2504

307 .2505

307 .2506

Production)

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

307 .2536

307 .2538

General Provisions

Rayon Fibers

Other Fibers

Thermoplastic Resins

Thermosetting Resins

Commodity Organic Chemicals

Bulk Organic Chemicals

Specialty Organic Chemicals

Indirect Discharge Point Sources

Non-Complexed Metal-Bearing and Cyanide-Bearing

Complexed Metal-Bearing Waste Streams

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

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

Copper Salts Production

Ferric Chloride Production

Waste Streams

---

307 .2540

Fluorine Production

307 .2541

Hydrogen Production

307 .2542

Hydrogen Cyanide Production

307 .2543

Iodine Production

307 .2544

Lead Monoxide Production

307 .2545

Lithium Carbonate Production

307 .2547

Nickel Salts Production

307 .2549

Oxygen and Nitrogen Production

307 .2550

Potassium Chloride Production

307 .2551

Potassium Iodide Production

307 .2553

Silver Nitrate Production

307 .2554

Sodium Bisulfite Production

307 .2555

Sodium Fluoride Production

307 .2560

Stannic Oxide Production

307 .2563

Zinc Sulfate Production

307 .2564

Cadmium Pigments and Salts Production

307 .2565

Cobalt Salts Production

307 .2566

Sodium Chlorate Production

307 .2567

Zinc Chloride Production

SUBPART R : SOAP AND DETERGENTS

Section

307 .2701

Soap Manufacturing by Batch Kettle

307 .2702

Fatty Acid Manufacturing by Fat Splitting

307 .2703

Soap Manufacturing by Fatty Acid Neutralization

307 .2704

Glycerine Concentration

307 .2705

Glycerine Distillation

307 .2706

Manufacture of Soap Flakes and Powders

307 .2707

Manufacture of Bar Soaps

307 .2708

Manufacture of Liquid Soaps

307 .2709

Oleum Sulfonation and Sulfation

307 .2710

Air-Sulfur Trioxide Sulfation and Sulfonation

307 .2711

Sulfur Trioxide Solvent and Vacuum Sulfonation

307 .2712

Sulfamic Acid Sulfation

307 .2713

Chlorosulfonic Acid Sulfation

307 .2714

Neutralization of Sulfuric Acid Esters and Sulfonic Acids

307 .2715

Manufacture of Spray Dried Detergents

307 .2716

Manufacture of Liquid Detergents

307 .2717

Manufacturing of Detergents by Dry Blending

307 .2718

Manufacture of Drum Dried Detergents

307 .2719

Manufacture of Detergent Bars and Cakes

SUBPART S : FERTILIZER MANUFACTURING

Section

307 .2801

Phosphate

307 .2802

Ammonia

307 .2803

Urea

307 .2804

Ammonium Nitrate

307 .2805

Nitric Acid

307 .2806

Ammonium Sulfate Production

307 .2807

Mixed and Blend Fertilizer Production

SUBPART T : PETROLEUM REFINING

Section

---

307 .2901

Topping

307 .2902

cracking

307 .2903

Petrochemical

307 .2904

Lube

307 .2905

Integrated

SUBPART U: IRON AND STEEL MANUFACTURING

Section

307 .3000

General Provisions

307 .3001

Cokemaking

307 .3002

Sintering

307 .3003

Ironmaking

307 .3004

Steelmaking

307 .3005

Vacuum Degassing

307 .3006

Continuous Casting

307 .3007

Hot Forming

307 .3008

Salt Bath Descaling

307 .3009

Acid Pickling

307 .3010

Cold Forming

307 .3011

Alkaline Cleaning

307 .3012

Hot Coating

307 .3013

Other Operations

SUBPART V : NONFERROUS METALS MANUFACTURING

Section

307 .3100

General Provisions

307 .3101

Bauxite Refining

307 .3102

Primary Aluminum Smelting

307 .3103

Secondary Aluminum Smelting

307 .3104

Primary Copper Smelting

307 .3105

Primary Electrolytic Copper Refining

307 .3106

Secondary Copper

307 .3107

Primary Lead

307 .3108

Primary Zinc

307 .3109

Metallurgical Acid Plants

307 .3110

Primary Tungsten

307 .3111

Primary Columbium-Tantalum

307 .3112

Secondary Silver

307 .3113

Secondary Lead

307 .3114

Primary Antimony

307 .3115

Primary Beryllium

307 .3116

Primary and Secondary Germanium and Gallium

307 .3117

Secondary Indium

307 .3118

Secondary Mercury

307 .3119

Primary Molybdenum and Rhenium

307 .3120

Secondary Molybdenum and vanadium

307 .3121

Primary Nickel and Cobalt

307 .3122

Secondary Nickel

307 .3123

Primary Precious Metals and Mercury

307 .3124

Secondary Precious Metals

307 .3125

Primary Rare Earth Metals

307 .3126

Secondary Tantalum

307 .3127

Secondary Tin

307 .3128

Primary and Secondary Titanium

307 .3129

Secondary Tungsten and Cobalt

---

307 .3130

Secondary Uranium

307 .3131

Primary Zirconium and Hafnium

SUBPART X : STEAM ELECTRIC POWER GENERATING

Section

307 .3301

Steam Electric Power Generating

SUBPART Y : FERROALLOY MANUFACTURING

Section

307 .3401

Open Electric Furnaces With Wet Air Pollution Control Devices

307 .3402

Covered Electric Furnaces and Other Smelting Operations with Wet Air

Pollution Control Devices

307 .3403

Slag Processing

307 .3404

Covered Calcium Carbide Furnaces With Wet Air Pollution Control

Devices

307 .3405

Other Calcium Carbide Furnaces

307 .3406

Electrolytic Manganese Products

307 .3407

Electrolytic Chromium

SUBPART Z : LEATHER TANNING AND FINISHING

Section

307 .3500

General Provisions

307 .3501

Hair Pulp, Chrome Tan, Retan-Wet Finish

307 .3502

Hair Save, Chrome Tan, Retan-Wet Finish

307 .3503

Hair Save or Pulp, Non-Chrome Tan, Retan-Wet Finish

307 .3504

Retan-Wet Finish-Sides

307 .3505

No Beamhouse

307 .3506

Through-the-Blue

307 .3507

Shearling

307 .3508

Pigskin

307 .3509

Retan-Wet Finish-Splits

307 .3590

Potassium Ferricyanide Titration Method

SUBPART BA: GLASS MANUFACTURING

Section

307 .3601

Insulation Fiberglass

307 .3602

Sheet Glass Manufacturing

307 .3603

Rolled Glass Manufacturing

307 .3604

Plate Glass Manufacturing

307 .3605

Float Glass Manufacturing

307 .3606

Automotive Glass Tempering

307 .3607

Automotive Glass Laminating

307 .3608

Glass Container Manufacturing

307 .3610

Glass Tubing (Danner) Manufacturing

307 .3611

Television Picture Tube Envelope Manufacturing

307 .3612

Incandescent Lamp Envelope Manufacturing

307 .3613

Hand Pressed and Blown Glass Manufacturing

SUBPART BB : ASBESTOS MANUFACTURING

Section

307 .3701

Asbestos-Cement Pipe

307 .3702

Asbestos-Cement Sheet

---

307 .3703

Asbestos Paper (Starch Binder)

307 .3704

Asbestos Paper

(Elastomeric

Binder)

307 .3705

Asbestos Millboard

307 .3706

Asbestos Roofing

307 .3707

Asbestos Floor Tile

307.3708

Coating or Finishing of Asbestos Textiles

307 .3709

Solvent Recovery

307 .3710

Vapor Absorption

307 .3711

Wet Dust Collection

SUBPART BC : RUBBER MANUFACTURING

Section

307 .3801

Tire and Inner Tube Plants

307 .3802

Emulsion Crumb Rubber

307 .3803

Solution Crumb Rubber

307 .3804

Latex Rubber

307 .3805 Small-Sized General Molded, Extruded, and Fabricated Rubber Plants

307 .3806 Medium-Sized General Molded, Extruded, and Fabricated Rubber Plants

307 .3807

Large-Sized General Molded, Extruded, and Fabricated Rubber Plants

307 .3808

Wet Digestion Reclaimed Rubber

307 .3809

Pan, Dry Digestion, and Mechanical Reclaimed Rubber

307 .3810

Latex-Dipped, Latex-Extruded, and Latex-Molded Rubber

307 .3811

Latex Foam

SUBPART BD : TIMBER PRODUCTS PROCESSING

Section

307 .3900

General Provisions

307 .3901

Barking

307 .3902

Veneer

307 .3903

Plywood

307 .3904

Dry Process Hardboard

307 .3905

Wet Process Hardboard

307 .3906

Wood Preserving

- Water Borne or Nonpressure

307 .3907

Wood Preserving

- Steam

307 .3908

Wood Preserving

- Boulton

307 .3909

Wet Storage

307 .3910

Log Washing

307 .3911

Sawmills and Planing Mills

307 .3912

Finishing

307 .3913

Particleboard Manufacturing

307 .3914

Insulation Board

307 .3915

Wood Furniture and Fixture Production without Water Wash Spray

Booths or without Laundry Facilities

307 .3916

Wood Furniture and Fixture Production with Water Wash Spray Booths

or with Laundry Facilities

SUBPART BE :

Section

PULP, PAPER, AND PAPERBOARD

307 .4000

General Provisions

307 .4001

Dissolving Kraft

307 .4002

Bleached Papergrade Kraft and Soda

307 .4003

Unbleached Kraft

307 .4004

Dissolving Sulfite

307 .4005

Papergrade Sulfite

---

307 .4006

Semi-Chemical

307 .4007

Mechanical

Pulp

307 .4008

Non-Wood Chemical Pulp

307 .4009

Secondary Fiber Deink

307 .4010

Secondary Fiber Non-Deink

307 .4011

Fine and Lightweight Papers from Purchased Pulp

307 .4012

Tissue,

Filter, Non-Woven,

and Paperboard from Purchased Pulp

307 .4013

Groundwood-Thermo-Mechanical (Repealed)

307 .4014

Groundwood-CMN Papers (Repealed)

307 .4015

Groundwood-Fine Papers (Repealed)

307 .4016

Soda

(Repealed)

307 .4017

Deink

(Repealed)

307 .4018

Nonintegrated-Fine Papers

(Repealed)

307 .4019

Nonintegrated-Tissue Papers (Repealed)

307 .4020

Tissue From Wastepaper (Repealed)

307 .4021

Papergrade Sulfite (Drum Wash) (Repealed)

307 .4022

Unbleached Kraft and Semi-Chemical (Repealed)

307 .4023

Wastepaper-Molded Products (Repealed)

307 .4024

Nonintegrated-Lightweight Papers (Repealed)

307 .4025

Nonintegrated-Filter and Nonwoven Papers (Repealed)

307 .4026

Nonintegrated-Paperboard (Repealed)

SUBPART BF : BUILDERS' PAPER AND BOARD MILLS

Section

307 .4101

Builder's Paper and Roofing Felt (Repealed)

SUBPART BG: MEAT PRODUCTS

Section

307 .4201

Simple Slaughterhouse

307 .4202

Complex Slaughterhouse

307 .4203

Low-Processing Packinghouse

307 .4204

High-Processing Packinghouse

307 .4205

Small Processor

307 .4206

Meat Cutter

307 .4207

Sausage and Luncheon Meats Processor

307 .4208

Ham Processor

307 .4209

Canned Meats Processor

307 .4210

Renderer

SUBPART BH : METAL FINISHING

Section

307 .4300

General Provisions

307 .4301

Metal Finishing

SUBPART BL: CENTRALIZED WASTE TREATMENT

Section

307 .4700

General Provisions

307 .4701

Metals Treatment and Recovery

307 .4702

Oils Treatment and Recovery

307 .4703

Organics Treatment and Recovery

307 .4704

Multiple Waste Streams

SUBPART BN : PHARMACEUTICAL MANUFACTURING

---

Section

307 .4900

General Provisions

307 .4901

Fermentation Products

307 .4902

Extraction Products

307 .4903

chemical Synthesis Products

307 .4904

Mixing/Compounding and Formulation

307 .4905

Research

(Repealed)

SUBPART BQ

:

TRANSPORTATION EQUIPMENT CLEANING

Section

307 .5200

General Provisions

307 .5201

Tank Trucks and Intermodal Tank Containers Transporting chemical and

Petroleum Cargos

307 .5202

Rail Tank Cars Transporting Chemical and Petroleum Cargos

307 .5203

Tank Barges and Ocean/Sea Tankers Transporting Chemical and

Petroleum Cargos

307 .5204

Tanks Transporting Food Grade Cargos

SUBPART BR : PAVING AND ROOFING MATERIALS (TARS AND ASPHALT)

Section

307 .5301

Asphalt Emulsion

307.5302 Asphalt Concrete

307 .5303

Asphalt Roofing

307 .5304

Linoleum and Printed Asphalt Felt

SUBPART BS : WASTE COMBUSTORS

Section

307 .5401

Commercial Hazardous Waste Combustor

SUBPART BT : LANDFILLS

Section

307 .5500

General Provisions

307 .5501

RCRA Subtitle C Hazardous Waste Landfill

307 .5502

RCRA Subtitle D Non-Hazardous Waste Landfill

SUBPART BU: PAINT FORMULATING

Section

307 .5601

oil-Base Solvent Wash Paint

SUBPART BV: INK FORMULATING

Section

307 .5701

Oil-Base Solvent Wash Ink

SUBPART CD : PESTICIDE CHEMICALS

Section

307 .6500

General Provisions

307 .6501

Organic Pesticide Chemicals Manufacturing

307 .6502

Metallo-Organic Pesticides Chemicals Manufacturing

307 .6503

Pesticide Chemicals Formulating and Packaging

---

307 .6505

Repackaging of Agricultural Pesticides Performed at Refilling

Establishments

SUBPART CG

:

CARBON BLACK MANUFACTURING

Section

307 .6801

Carbon Black Furnace Process

307 .6802 Carbon Black Thermal Process

307 .6803

Carbon Black Channel Process

307 .6804

Carbon Black Lamp Process

SUBPART CJ: BATTERY MANUFACTURING

Section

307 .7100

General Provisions

307 .7101

Cadmium

307 .7102

Calcium

307 .7103

Lead

307 .7104

Leclanche

307 .7105

Lithium

307 .7106

Magnesium

307 .7107

Zinc

SUBPART CL : PLASTICS MOLDING AND FORMING

Section

307 .7300

General Provisions

307 .7301

Contact Cooling and Heating Water

307 .7302

Cleaning Water

307 .7303

Finishing Water

SUBPART CM: METAL MOLDING AND CASTING

Section

307 .7400

General Provisions

307 .7401

Aluminum Casting

307 .7402

Copper Casting

307 .7403

Ferrous Casting

307 .7404

Zinc Casting

SUBPART CN : COIL COATING

Section

307 .7500

General Provisions

307 .7501

Steel Basis Material

307 .7502

Galvanized Basis Material

307 .7503

Aluminum Basis Material

307 .7504

Canmaking

SUBPART CO: PORCELAIN ENAMELING

Section

307 .7600

General Provisions

307 .7601

Steel Basis Material

307 .7602

Cast Iron Basis Material

307 .7603

Aluminum Basis Material

307 .7604

Copper Basis Material

---

SUBPART CP

:

ALUMINUM FORMING

Section

307 .7700

General Provisions

307 .7701

Rolling With Neat oils

307 .7702

Rolling With Emulsions

307 .7703

Extrusion

307 .7704

Forging

307 .7705

Drawing With Neat oils

307 .7706

Drawing With Emulsions or Soaps

SUBPART CQ : COPPER FORMING

Section

307 .7800

General Provisions

307 .7801

Copper Forming

307 .7802

Beryllium Copper Forming

SUBPART CR : ELECTRICAL AND ELECTRONIC COMPONENTS

Section

307 .7901

Semiconductor

307 .7902

Electronic Crystals

307 .7903

Cathode Ray Tube

307 .7904

Luminescent Materials

SUBPART CT : NONFERROUS METALS FORMING AND METAL POWDERS

Section

307 .8100

General Provisions

307 .8101

Lead-Tin-Bismuth Forming

307 .8102

Magnesium Forming

307 .8103

Nickel-Cobalt Forming

307 .8104

Precious Metals Forming

307 .8105

Refractory Metals Forming

307 .8106

Titanium Forming

307 .8107

Uranium Forming

307 .8108

Zinc Forming

307 .8109

Zirconium-Hafnium Forming

307 .8110

Metal Powders

307

.

A References to Previous Rules

(Repealed)

AUTHORITY : Implementing Sections 7 .2, 13, and 13 .3 and authorized by Section 27

of the Environmental Protection Act [415 ILCS 5/7 .2, 13, 13 .3, and 27]

.

I

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 Ill . 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 R88-11 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

February 20,

1990; amended

in R89-12

at

14

Ill

. Reg

.

7620,

effective May

8,

1990 ; amended in R91-5 at 16 Ill . Reg . 7377, effective April 27, 1992 ; amended

in R93-2 at 17 Ill . Reg . 19483, effective October 29, 1993 ; amended in R94-10 at

19 Ill . Reg . 9142, effective June 23, 1995 ; amended in R95-22 at 20 Ill . Reg

.

5549, effective April 1, 1996; amended in R97-23 at 21 Ill . Reg . 11930,

effective August 12, 1997 ; amended in R99-4 at 23 Ill . Reg. 4413, effective

March 31, 1999; amended in R99-17 at 23 Ill . Reg . 8421, effective July 12, 1999

;

amended in R00-15 at 24 Ill . Reg. 11640, effective July 24, 2000 ; amended in

R01-5 at 25 Ill . Reg . 1735, effective January 11, 2001 ; amended in R01-25 at 25

Ill . Reg . 10867, effective August 14, 2001 ; amended in R03-13 at 27 Ill . Reg

.

15095, effective September 10, 2003 ; amended in R04-1 at 28 Ill . Reg. 3076,

effective February 6, 2004 ; amended in R04-18 at 28 Ill . Reg . 10661, effective

July 13, 2004 ; amended in R05-4/R05-15 at 29 Ill . Reg . 6921, effective April 26,

2005 ; amended in R06-15 at 30 Ill . Reg

. -,

effective

SUBPART A: GENERAL PROVISIONS

Section 307 .1001

Preamble

a)

This Part places certain restrictions on the types, concentrations, and

quantities of contaminants that can be discharged into sewer systems in the

State

.

1)

Subpart B of this Part includes standards for the discharge of

contaminants to sewer systems . These apply to dischargers to publicly owned

treatment works (POTWS) and to dischargers to other types of treatment works; as

specified in each Section .

2)

Subparts F through CT of this Part include standards for the discharge of

contaminants from certain industrial source categories into POTWs

.

b)

The provisions of 35 Ill . Adm. Code 310 apccifico opccify

rcquircmcntosnecifvremrirement.s for pretreatment programs for POTWs

.

c)

This Part incorporates federal regulations by reference

.

1)

Such incorporations include no later amendments or editions

.

2)

Except where the contrary is clearly indicated, the Board intends to set

forth all procedural requirements in full in this Part and 35 Ill . Adm. Code

310, and to utilize only the definitions, requirements, or standards from the

incorporated material

.

3)

Except where the contrary is clearly indicated, references to other

federal regulations within incorporated material are to be construed as

referencing Board regulations derived from the referenced material, rather than

the other federal regulation .

I

(Source : Amended at 30 Ill . Reg . -,

effective

)

Section 307 .1005

Toxic Pollutants

a)

The Board incorporates by reference 40 CFR 401 .15

(1906)

(2005) . This

incorporation includes no later amendments or editions

.

---

I

b)

A "toxic pollutant"

is one

of

the materials listed

in

tablcatahle II or III in appendix D to 40 CFR 122,

incorporated by reference in 35 Ill . Adm . Code 310 .107

.

-, effective

40 CFR 401 .15 or in

(Source : Amended at 30 Ill . Reg

.

Section 307.1006

Electronic Reporting

The filing of any document pursuant to any provision of this Part as an

electronic document is subject to 35 Ill . Adm. Code 310 .106

.

BOARD NOTE : Derived from 40 CFR 3, as added, and 40 CFR 403 .8(g)

amended at 70 Fed. Reg. 59848 (Oct . 13, 2005)

.

(Source : Added at 30 Ill . Reg . -,

effective

)

SUBPART B : GENERAL AND SPECIFIC PRETREATMENT REQUIREMENTS

Section 307 .1101

General and Specific Requirements

No person may introduce the following types of pollutants into a POTW

:

a)

General requirements

.

1)

Pollutants that pass through the POTW; or

2)

Pollutants that interfere with the operation or performance of the POTW

.

b)

Specific requirements

.

1)

Pollutants that create a fire or explosion hazard within the POTW,

including, but not limited to, waste streams with a closed cup flashpoint of

less than 60a_ C (140x° F) using the test methods specified in 35 Ill. Adm. Code

721 .121

;

2)

Pollutants that would cause safety hazards to the personnel operating the

treatment works

;

3)

Pollutants that will cause corrosive damage to the POTW

;

4)

Pollutants that would be injurious in any other way to sewers, treatment

works, or structures

;

5)

Discharges with a pH less than 5 .0, unless the POTW is specifically

designed to accommodate such discharges ;

6)

Solid or viscous pollutants in amounts that will cause obstruction to the

flow in the POTW resulting in interference ;

7)

Any pollutant, including oxygen demanding oxygcn-demanding pollutants, at

a flow rate or concentration that will cause interference with the POTW

;

I

I

8)

Heat in amounts that will inhibit biological activity in the POTW and

interfere with the POTW ;

(2005)

,

as

---

I

I

9)

Heat

in amounts

that result in temperatures in the influent

to the POTW

treatment plant

in excess of

40°,

C

(104-_ F) unless the Agency approves

alternate temperature limits in pretreatment plan ;

10)

Pollutants that would cause the effluent from the treatment works to

violate applicable effluent standards

;

11)

Petroleum oil, non-biodegradable cutting oil, or products of mineral oil

origin in amounts that will cause interference or pass through ;

12)

Pollutants that result in the presence of toxic gases, vapors, or fumes

within the POTW in a quantity that may cause acute worker health and safety

problems ; or

13) Any trucked or hauled pollutants, except at discharge points designated by

the POTW

.

BOARD NOTE : Derived from 40 CFR 403 .3

(2003)

and 403 .5 (2005)

.

(Source : Amended at 30 Ill . Reg . -,

effective

)

SUBPART K: TEXTILE MILLS

Section 307 .2003

Low Water Use Processing

a)

Applicability. This Section applies to discharges resulting from the

following types of textile mills : yarn manufacture, yarn texturizing,

unfinished fabric manufacture, fabric coating, fabric laminating, tire cord and

fabric dipping, and carpet tufting and carpet backing . Rubberized or rubber

coated fabrics regulated by 40 CFR

art 428 are specifically excluded

.

b) Specialized definitions . The Board incorporates by reference 40 CFR

410 .31

(2003)

(2005) . This incorporation includes no later amendments or

editions

.

c)

Existing sources

.

1)

The Board incorporates by reference 40 CFR 410 .34

(2003)

(2005) . This

incorporation includes no later amendments or editions

.

2)

No person subject to the pretreatment standards incorporated by reference

in subsection (c) (1) of this Section may 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 410 .36

(2003)

(2005) . This

incorporation includes no later amendments or editions

.

2)

No person subject to the pretreatment standards incorporated by reference

in subsection (d) (1) of this Section may cause, threaten, or allow the discharge

of any contaminant to a POTW in violation of such standards

.

I

I

I

I

3)

"New source" means any building, structure, facility, or installation the

construction of which commenced after October 10, 1979

.

---

(Source

:

Amended at

2-&.U Ill

. Reg .

3076,

effective

February

6,

2001

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

(2003)

(2005)

.

This incorporation includes no later amendments

or editions

.

b)

Applicability

.

1)

This Subpart 0 applies to process wastewater discharges from all

establishments or portions of establishments that manufacture the organic

chemicals, plastics, and synthetic fibers (OCPSF) products or product groups

that 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

:

2)

This Subpart 0 applies to wastewater discharges from OCPSF research and

development, pilot plant, technical service, and laboratory bench-scale

operations if such operations are conducted in conjunction with and related to

existing OCPSF manufacturing activities at the plant site

.

3)

Notwithstanding subsection (b) (1) of this Section, this Subpart 0 does not

apply to discharges resulting from the manufacture of OCPSF products if the

products are included in the following SIC subgroups, as defined in the Standard

Industrial Classification Manual, incorporated by reference in 35 Ill . Adm. Code

310 .107, 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)

of this Section

:

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 specialities, including fluxes,

plastic wood preparations, and embalming fluids

.

I

D)

SIC 2911058 : Aromatic hydrocarbons manufactured from purchased refinery

products .

A)

SIC 2821

:

elastomers

.

Plastic materials, synthetic resins, and nonvulcanizable

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

.

---

E)

SIC 2911632 : Aliphatic hydrocarbons manufactured from purchased refinery

products

.

4)

Notwithstanding subsection (b) (1) of this Section, this Subpart 0 does not

apply to any discharges for which a different set of previously promulgated

standards in this Part apply, unless the facility reports OCPSF products under

SIC codes 2865, 2869, or 2821, as defined in the Standard Industrial

Classification Manual, incorporated by reference in 35 Ill . Adm. Code 310 .107,

and the facility's OCPSF wastewaters are discharged separately to a POTW

.

5)

This Subpart 0 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 waste streams," listed in Section 307 .2491, are not subject to

this Subpart 0

.

7)

Non-amenable cyanide

.

A)

Discharges of cyanide in "cyanide-bearing waste streams," listed in

Section 307 .2490, are not subject to the cyanide limitations of this Subpart 0

if both of the following occur

:

i)

The Control Authority determines that the cyanide limitations are not

achievable due to elevated levels of non-amenable cyanide

(i .e .,

cyanide that is

not oxidized by chlorine treatment) that result from the unavoidable complexing

of cyanide at the process source of the cyanide-bearing waste stream, and

ii)

The control authority establishes an alternative total cyanide or amenable

cyanide limitation that reflects the best available technology economically

achievable

.

B)

The control authority must base its determination made pursuant to

subsection (b) (7) (A) of this Section on a review of the relevant engineering,

production, and sampling and analytical information at its disposal, including

measurements of both total and amenable cyanide in the waste stream

.

C)

The control authority must set forth its determination made pursuant to

subsection (b) (7) (A) of this Section in a written analysis of the extent of

complexing in the waste stream and its impact on cyanide treatability, based on

the information at its disposal

.

D)

Alternative cyanide discharge limitation determinations made pursuant to

this subsection (b) (7) are subject to the limitations of Section 307 .1103

.

Provided, however, Section 307 .1103 may not be used to allow a discharge of

total cyanide in excess of that otherwise allowed by this subsection

(b)(7)

.

8)

Allowances for non-metal-bearing waste streams

.

A)

The control authority must establish discharge limitations for lead and

zinc for waste streams not listed in Section 307 .2490 and not otherwise

determined to be "metal-bearing waste streams" if it determines that the

wastewater metals contamination is due to background levels that are not

reasonably avoidable, from such sources as intake water, corrosion of materials

of construction, or contamination of raw materials

.

---

B)

The control authority must base its determination made pursuant to

subsection (b) (8) (A) of this Section on a review of relevant plant operating

conditions, process chemistry, engineering, and sampling and analytical

information

.

C)

The control authority must set forth its determination made pursuant to

subsection (b) (8) (A) of this Section in a written analysis of the sources and

levels of the metals, based on the information at its disposal

.

D)

The control authority may establish limitations for lead and zinc for non-

metal-bearing waste streams for the purposes of subsection (b) (8) (A) of this

Section bwee«amnnq the following levels

:

i)

The lowest level that the control authority determines, based on best

professional judgment, can be reliably measured ; e-ad

ii)

The concentration of such metals present in the waste streams, but not to

exceed the applicable limitations contained in Sections 307 .2401 through

307.2407307 .2407

: and

iii) For zinc, the applicable limitations that the discharge must not exceed

are those appearing in the tables in Sections 307 .2401 through 307 .2407, not the

alternative limitations for rayon fiber manufacture by the viscose process, as

set forth in footnote 2 to the table in 40 CFR 414 .25, incorporated by reference

at Section 307 .2401(c)(1), or the alternative limitations for acrylic fiber

manufacture by the zinc chloride/solvent process, as set forth in footnote 2 to

the table in 40 CFR 414 .35, each incorporated by reference at Section

307 .2402(c)(1)

.

E)

The limitations for individual dischargers must be set on a mass basis, by

multiplying the concentration allowance established by the control authority

times the process wastewater flow from the individual waste streams in which

incidental metals are present

.

c)

Compliance date . All dischargers subject to a pretreatment standard for

existing sources in this Subpart O must have complied with the standard by no

later than November 5, 1990

.

(Source : Amended at 2-&3Q, Ill . Reg . 307G,~ .

effective February 6,

2001 )

Section 307 .2410

Indirect Discharge Point Sources

a)

Applicability. The Board hereby incorporates 40 CFR 414 .11 (2005) . This

incorporation includes no later amendments or editions . This Section applies to

discharge of process wastewater resulting from the manufacture of the OCPSF

products and product groups defined by 40 CFR 414 .11

(2003)

from any indirect

discharge point source

.

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b)

Specialized definitions . None

.

c)

Existing sources

.

1)

The Board incorporates by reference 40 CFR 414 .111

(2003)

(2005) . This

incorporation includes no later amendments or editions

.

---

I

2)

No person subject to the pretreatment standards incorporated by reference

in subsection (c) (1) of this Section may cause, threaten, or allow the discharge

of any contaminant to a POTW in violation of such standards

.

d)

New sources . All sources are treated as existing sources

.

(Source : Amended at 2-&.U Ill . Reg .

3076, .

effective F

-6

2001 )

SUBPART U: IRON AND STEEL MANUFACTURING

Section 307 .3001

Cokemaking

a)

Applicability . This Section applies to discharges resulting from

byproduct and other cokemaking operations

.

b)

Specialized definitions . The Board incorporates by reference 40 CFR

420 .11

.-

.

.

.

.

(2005)

.

This

incorporation includes no late amendments or editions

.

c)

Existing sources

.

1)

The Board incorporates by reference 40 CFR 420.15(2a092)

ao amended at G7

Fcd

. Reg. G4-21G (9ctober

17,

2-)

(2005) . This incorporation includes no later

amendments or editions

.

2)

No person subject to the pretreatment standards incorporated by reference

in subsection (c) (1) of this Section may 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 420 .16

(2002)

(2005), as

amended

at-6-74 70 Fed. Reg

. E1216

(October 17,

2002)

73623 (December 13, 2005)

.

This incorporation includes no later amendments or editions

.

2)

No person subject to the pretreatment standards incorporated by reference

in subsection (d) (1) of this Section may 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 January 7, 1981

.

e)

Compliance date . The Board incorporates by reference 40 CFR 420 .!8,

s

added at 67 red . Reg . G421G

(October 17,

2002)420

18

(2005)

.

(Source : Amended at 30 Ill . Reg . -,

effective _

)

Section 307 .3002

Sintering

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I

a)

Applicability . This Section applies to discharges resulting from

sintering operations conducted by the heating of iron

bearing

wastes (mill scale

and dust from blast furnaces and steelmaking furnaces) together with fine iron

ore, limestone, and coke fines in an ignition furnace to produce an agglomerate

for charging to the blast furnace

.

---

b)

Specialized definitions

.

The Board incorporates by

420 .21,

ao addedatG7red.Reg.C421C

(October17,

2002)

c)

Existing sources

.

1)

The Board incorporates by reference 40 CFR 420 .25

(2002),

ao amended at

67

(2005)

.

This incorporation includes no later

amendments or editions

.

2)

No person subject to the pretreatment standards incorporated by reference

in subsection (c) (1) of this Section may 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 0 CFR 20 .26

(2002)

(2005), as

amended ate 70 Fed . Reg

.

: :

73625

(December 13,

2005) . This incorporation includes no later amendments or editions

.

2)

No person subject to the pretreatment standards incorporated by reference

in subsection (d) (1) of this Section may 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 January 7, 1981

.

reference 40 CFR

(2006) .420 .21

(9005)

.

e)

Compliance date. The Board incorporates by reference 40 CFR 120 . 28,

as

.420 28

(2005)

.

f)

Point of compliance monitoring .

CFR 420 .29(b),

The Board incorporates by reference 40

(2005)

.

(Source: Amended at 30 Ill . Reg

. -,

effective

)

SUBPART V : NONFERROUS METALS MANUFACTURING

Section 307 .3121

Primary Nickel and Cobalt

a)

Applicability. This Section applies to discharges resulting from the

production of nickel or cobalt by primary nickel or cobalt facilities processing

ore concentrate raw materials

.

b)

Specialized definitions . The Board incorporates by reference 40 CFR

421 .131

(2003)

421 .231 (2005) . This incorporation includes no later amendments

or editions

.

c)

Existing sources . These sources must comply with the general and specific

pretreatment requirements of Subpart B of this Part

.

d)

New sources

.

1)

The Board incorporates by reference 40 CFR 421 .236

(2003)

(2005) . This

incorporation includes no later amendments or editions

.

I

I

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I

2)

No person subject to the pretreatment standards incorporated by reference

in subsection (d) (1) of this Section may cause, threaten, or allow the

discharge of any contaminant to a POTW in violation of such standards

.

---

I

I

3)

"New source" means any building, structure, facility, or installation the

construction of which commenced after June 27, 1984

.

(Source: Amended at fl Ill . Reg . 307G,~ effective February-

2004

SUBPART Y : FERROALLOY MANUFACTURING

Section 307 .3404

Covered Calcium Carbide Furnaces With Wet Air Pollution

Control Devices

a)

Applicability. This Section applies to discharges resulting from the

production of calcium carbide in covered electric furnaces that use wet air

pollution control devices . This subcategory includes those electric furnaces of

such construction or configuration (known as covered, closed, sealed, semi-

covered, or semi-closed furnaces) that the furnace off-gases are not burned

prior to collection and cleaning, and which off-gases are cleaned after

collection in a wet air pollution control device such as a scrubber, "wet"

baghouse, etc . This subcategory does not include noncontact cooling water or

those furnaces that utilize dry dust collection techniques, such as dry

baghouses

.

b)

Specialized definitions . The Board incorporates by reference 40 CFR

421 .11

(2003)

424 .41 (2005) . This incorporation includes no later amendments or

editions

c)

Existing sources . These sources must comply with the general and specific

pretreatment requirements of Subpart B of this Part

.

d)

New sources . All sources are regulated as existing sources

.

(Source : Amended at 2-S3_Q 111 . Reg

.

3076, ,, effective February-6-

2004 )

SUBPART CD : PESTICIDE CHEMICALS

Section 307 .6503

Pesticide Chemicals Formulating and Packaging

a)

Applicability .

1)

The Board incorporates by reference 40 CFR 455 .40

(2003)

incorporation includes no later amendments or additions

.

2)

This Section applies to discharges resulting from all pesticide

formulating and packaging operations, as defined in the materials incorporated

in subsection (a) (1) of this Section

.

b)

Specialized definitions. The Board incorporates by reference 40 CFR

455 .41

(2003)

(2005) . This incorporation includes no later amendments or

additions

.

c)

Existing sources

.

I

I

1)

The Board incorporates by reference 40 CFR 455 .46

(2003)

(2005) . This

incorporation includes no later amendments or additions

.

(2005)

.

This

---

2)

No person subject to the pretreatment standards incorporated by reference

in section subsection (c) (1) of this Section may 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 41-5

.4G

(2003)

455 .47 (2005)

.

This incorporation includes no later amendments or additions

.

2)

No person subject to the pretreatment standards incorporated by reference

in subsection (d) (1) of this Section may 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 April 14, 1994

.

(Source: Amended at aS Ill . Reg . 3076, . effective Fcbruary

G,

2004

Section 307 .6505

Repackaging of Agricultural Pesticides Performed at

Refilling Establishments

a)

Applicability

.

1)

The Board incorporates by reference 40 CFR 455 .60

(2003)

(2005) . This

incorporation includes no later amendments or additions

.

2)

This Section applies to discharges resulting from all pesticide

formulating and packaging operations, as defined in the materials incorporated

in subsection (a) (1) of this section

.

b) Specialized definitions . The Board incorporates by reference 40 CFR

455 .61

(2003)

(2005) . This incorporation includes no later amendments or

additions

.

c)

Existing sources

.

1)

The Board incorporates by reference 40 CFR 4~t .GG

(2003)455,57

(2005)

.

This incorporation includes no later amendments or additions

.

2)

No person subject to the pretreatment standards incorporated by reference

in subsection (c) (1) of this Section may 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

45S .C C

(2003)

455 .67 (2005)

.

This incorporation includes no later amendments or additions

.

2)

No person subject to the pretreatment standards incorporated by reference

in subsection (d) (1) of this Section may cause, threaten, or allow the discharge

of any contaminant to a POTW in violation of such standards

.

I

I

3)

New source means any building, structure, facility, or installation the

construction of which commenced after April 14, 1994

.

---

I

i

(Source

:

Amended at 2-&U Ill . Reg . 3076,~~ effective February 6,

2004

SUBPART CM : METAL MOLDING AND CASTING

Section 307 .7401

Aluminum Casting

a)

Applicability. This Section applies to discharges resulting from aluminum

casting operations, as defined in 40 CFR 464 .02, incorporated by reference in

Section 307 .7400(b)

.

b) Specialized definitions . The Board incorporates by reference 40 CFR

464 .11

(2003)

( 2005) . This incorporation includes no later amendments or

editions

.

c)

Existing sources

.

1)

The Board incorporates by reference 40 CFR 464 .15

(2003)

(2005) . This

incorporation includes no later amendments or editions

.

2)

No person subject to the pretreatment standards incorporated by reference

in subsection (c) (1) of this Section may 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 464 .16

(2003)

(2005) . This

incorporation includes no later amendments or editions

.

2) No person subject to the pretreatment standards incorporated by reference

in subsection (d) (1) of this Section may 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 November 15, 1982

.

(Source : Amended at 24Q„Q Ill . Reg .

3076,

effective February

G,

2004 )

ILLINOIC RECIETDR

,TrARic0107-0611645r01

POLLUTION CONTROL DOARD

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NOTICE OF PROPOCED AMENDMDNTG

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