405.100
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Preamble
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405.101
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Special Conditions: Agency Guidance Document
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405.102
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Standard for Permit Issuance or Certification
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405.103
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Permit Modification When New Regulations are Adopted
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405.104
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Permit Applications
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405.105
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Surface Drainage Control
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405.106
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Refuse Disposal
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405.107
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Experimental Permits for Refuse Disposal
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405.108
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Permit for Use of Acid-producing Mine Refuse
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405.109
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Abandonment Plan
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405.110
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Cessation, Suspension or Abandonment
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405.111
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Emergency Procedures To Control Pollution
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405.112
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Mine Entrances
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405.113
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Permit Area
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Appendix A
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References to Previous Rules
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a)
| In addition to the standards and conditions required by this Subtitle D, Chapter I, the Agency may in granting permits impose such conditions as may be necessary to accomplish the purposes of the Act and which are not inconsistent with Subtitle D, Chapter I. All NPDES permits shall contain those terms and conditions, including but not limited to schedules of compliance, which may be required to accomplish the purposes and provisions of the Act. |
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b)
| The Agency shall adopt such procedures as are necessary for permit issuance under this Subtitle D, Chapter I. Such procedures shall be included in an Agency guidance document. 35 Ill. Admin. Code Part 450 et seq. |
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c)
| The Agency may adopt criteria for the design, operation, maintenance and abandonment of mine related facilities and other wastewater sources. Such criteria as are adopted shall be set forth in an Agency guidance document and shall be revised from time to time to reflect current engineering judgment and advances in the state of the art. 35 Ill. Admin. Code Part 450 et seq. |
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d)
| In adopting new or revised criteria or procedures, the Agency shall comply with the requirements of the Illinois Administrative Procedure Act, Ill. Rev. Stat. 1979, ch. 127, pars. 1001 et seq. |
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e)
| To the extent the Agency adopts such criteria, they will represent a formal Agency interpretation of what is consistent with the Act and Subtitle D, Chapter I and necessary to accomplish the purposes of the Act. |
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f)
| In adopting new or revised criteria the Agency shall consider other applicable state and federal statutes and regulations and shall avoid issuing criteria which conflict with such. |
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1)
| Location of the affected land and the maximum extent of the affected land during the term of the requested permit; |
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2)
| Activities on the affected land to prepare the site for mining activities, including all earth moving, grading activities, construction and any other preparatory activity; |
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3)
| Measures to be taken to avoid violation of the Act and Subtitle D, Chapter I. |
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4)
| The location of all streams, creeks, bodies of water and aquifers which receive drainage from the affected land; |
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5)
| The location of all private water supplies on or within one mile of the affected land; |
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6)
| The name, type and location of all public water supplies within ten miles of the affected land; |
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7)
| Plans for surface drainage control as required by Section 405.105. |
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8)
| Areas of the affected land where mining will occur; |
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9)
| Areas of the affected land where mine refuse and spoil will be deposited. |
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10)
| The general characteristics of the mine refuse and spoil according to the classification scheme set forth in the Agency Guidance Document or any other general soil classification system acceptable to the Agency; |
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11)
| The proposed method of mining; |
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12)
| A refuse disposal plan as required by Section 405.106 or Section 405.107; |
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13)
| The location of all bore holes, mine shafts and wells on the affected land; |
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14)
| An estimate certified by an engineer of the quality and quantity of drainage from the mine area and mine refuse area, including estimates of concentrations of chloride, sulfate, total dissolved solids and all contaminants regulated under Section 406.106, together with a statement of the basis of the estimates; |
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15)
| The location of all mine discharge points and non-point source mine discharge sources, method or type of sediment basins, erosion control devices and wastewater treatment facilities for all mine related facilities including designation of collection points for water discharged from all mechanical pumping or gravity flow systems used for draining the mine and mine refuse area; |
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16)
| An abandonment plan as required by Section 405.109; and |
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17)
| If the applicant intends to use acid-producing mine refuse, a plan as required by Section 405.108. |
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a)
| A state or NPDES permit shall include a refuse disposal plan as a condition. |
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b)
| The applicant's refuse disposal plan shall be incorporated into the permit by reference if it meets the standard of Section 405.102; otherwise the Agency shall either deny the permit or issue it with a plan modified by conditions subject to the provisions of Section 405.101. |
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c)
| Seepage from a refuse disposal area is a mine discharge as defined by Section 402.101 which is subject to the standards contained in Part 406 of this Subtitle D. |
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d)
| The refuse area shall not be located in an area of natural springs or an aquifer recharge area or intercept a drainage course unless special provisions have been made to protect such. The burden of proof shall be on the Agency to show that an area is an aquifer recharge area. |
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e)
| Acid-producing solid mine refuse shall be immediately spread and compacted in layers and covered as necessary with suitable non-acid-producing material. If wetness prohibits immediate spreading, the refuse shall be spread and compacted as soon as possible and prior to the deposition of a subsequent layer of refuse or cover material. However, the Agency may permit alternate refuse disposal methods. |
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f)
| Any refuse disposal plan constituting a change from the permitted refuse disposal plan is a revised refuse disposal plan. |
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g)
| Implementation of a revised refuse disposal plan shall require a new or revised or supplemental NPDES or state permit. Application shall be made within the time limits prescribed for the respective permits as provided by Sections 403.104 and 404.104. |
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g)
| Subsection (e) shall not apply to acid-producing solid mine refuse disposed of underground or in strip pits where disposal is below the level of natural drainage; however, a layer of at least two feet of suitable non-acid-producing material shall be applied no later than one year after completion of a refuse pile in an open pit. |
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a)
| To promote the development of the technology of mine refuse pollution control, the Agency may issue experimental permits for refuse disposal not satisfying the requirements of Section 405.102 if the applicant demonstrates that the process, technique or system has a reasonable chance for compliance with the Act and Subtitle D, Chapter I. |
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b)
| During operation, drainage from an experimental refuse area shall be monitored to determine compliance with the Act and Subtitle D, Chapter I. |
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c)
| The Agency may require as a permit condition that the permittee submit performance data and cost information during the operation of an experimental refuse area. |
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d)
| Applications for experimental permits shall comply with the requirements of Section 405.104 of this Subtitle D. |
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e)
| Agency approval of an experimental permit may be terminated at any time and the requirements of Section 405.102 reimposed within forty-five days whenever data or maintenance practices indicate that the experimental method no longer appears likely to meet the requirements of the Act and Subtitle D, Chapter I. |
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f)
| Within twelve months of the termination of the experimental permit, the permittee shall complete the abandonment plan in the permitted mine refuse disposal area unless otherwise approved by the Agency. |
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b)
| During cessation or suspension of active mining, whether caused by a labor dispute or not, the permittee shall provide whatever interim impoundment, drainage diversion and wastewater treatment is necessary to avoid violations of the Act or this Chapter. |
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c)
| Upon abandonment the permittee shall execute and complete the permitted abandonment plan; provided, however, that the permittee need not execute and complete the permitted abandonment plan if the abandonment arises solely from transfer of ownership to a responsible party. |
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d)
| A responsible party is a person who holds a state or NPDES permit and all other necessary permits for the same facility. If such a permit is issued subsequent to the transfer it shall relieve the transferor of the obligation of further executing the abandonment plan. |
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e)
| Upon request by the permittee the Agency shall issue a certificate of abandonment whenever the permittee demonstrates that: |
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