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35 ILLINOIS ADMINISTRATIVE CODE
CH. I, SEC. 405
SUBTITLE D
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE D: MINE RELATED WATER POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 405
STATE AND NPDES PERMITS
Section
405.100
Preamble
405.101
Special Conditions: Agency Guidance Document
405.102
Standard for Permit Issuance or Certification
405.103
Permit Modification When New Regulations are Adopted
405.104
Permit Applications
405.105
Surface Drainage Control
405.106
Refuse Disposal
405.107
Experimental Permits for Refuse Disposal
405.108
Permit for Use of Acid-producing Mine Refuse
405.109
Abandonment Plan
405.110
Cessation, Suspension or Abandonment
405.111
Emergency Procedures To Control Pollution
405.112
Mine Entrances
405.113
Permit Area
Appendix A References to Previous Rules
AUTHORITY: Implementing Sections 12 and 13 and authorized by Section 27 of the
Environmental Protection Act (Ill. Rev. Stat. 1983, ch. 111 1/2, pars. 1012, 1013 and 1027.
SOURCE: Adopted in R76-20, R77-10, 39 PCB 196, at 4 Ill. Reg. 34, p. 164, effective August 7,
1980; codified at 5 Ill. Reg. 8527; amended in R83-6A at 8 Ill. Reg. 13267, effective July 16,
1984; amended in R07-9 at 32 Ill. Reg. 14978, effective September 8, 2008).
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35 ILLINOIS ADMINISTRATIVE CODE
CH. I, SEC. 405
SUBTITLE D
Section 405.100
Preamble
Part 405 governs the issuance of both state and NPDES permits and contains substantive
rules governing mining activities and construction of mine related facilities.
Section 405.101 Special Conditions: Agency Guidance Document
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.
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.
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.
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.
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.
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.
Section 405.102
Standard for Permit Issuance or Certification
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a)
The Agency shall issue or certify a permit if and only if the operator
submits adequate proof that the mine related facilities and mining
activities will be constructed, prepared and operated so as not to cause a
violation of the Act or Subtitle D, Chapter I.
b)
If an Agency guidance document is promulgated and if it contains criteria
with regard to any condition of a permit, then for purposes of permit
issuance proof of conformity with the Agency guidance document shall be
prima facie evidence of no violation. However, nonconformity with the
Agency guidance document shall not be grounds for permit denial if the
condition of subsection (a) of this Section is met.
c)
The Agency may issue under Section 405.107 an experimental permit,
subsection (a) of this Section notwithstanding.
Section 405.103
Permit Modification When New Regulations are Adopted
If the Board adopts new regulations affecting the terms and conditions of an outstanding
permit, the Agency may issue to the permittee a new or supplemental permit setting forth
the affected terms and conditions as modified.
Section 405.104
Permit Applications
a)
Plans, reports, specifications and application forms submitted to the
Agency as part of a state or NPDES permit application shall be certified by
a registered professional engineer when required by the Illinois
Professional Engineering Act, Ill. Rev. Stat., 1979, ch. 111, par. 5101 et
seq.
b)
An application for a state or NPDES permit shall include:
1)
Location of the affected land and the maximum extent of the
affected land during the term of the requested permit;
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;
3)
Measures to be taken to avoid violation of the Act and Subtitle D,
Chapter I.
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;
6)
The name, type and location of all public water supplies within ten
miles of the affected land;
7)
Plans for surface drainage control as required by Section 405.105.
8)
Areas of the affected land where mining will occur;
9)
Areas of the affected land where mine refuse and spoil will be
deposited.
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;
11)
The proposed method of mining;
12)
A refuse disposal plan as required by Section 405.106 or Section
405.107;
13)
The location of all bore holes, mine shafts and wells on the
affected land;
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;
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;
16)
An abandonment plan as required by Section 405.109; and
17)
If the applicant intends to use acid-producing mine refuse, a plan as
required by Section 405.108.
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c)
The Agency may specify other information necessary for consideration of
the permit application. This may be done by way of an application form,
through the Agency guidance document and through requests for
information directed to the applicant.
d)
This section shall not be construed as limiting the Agency's authority to
enter into an agreement with the Illinois Department of Mines and
Minerals for joint permit applications.
Section 405.105
Surface Drainage Control
a)
A state or NPDES permit shall include a plan for surface drainage control
as a condition.
b)
The applicant's plan for surface drainage control shall be incorporated into
a 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.
c)
Mining activities and the deposition of mine refuse shall be planned and
conducted so as to avoid contact or interference with waters of the state
where such contact can reasonably be expected to cause or allow pollution
of such waters.
d)
Diversion, redirection or impoundment of streams shall not be undertaken
where the Agency demonstrates that there is an economically reasonable
alternative.
Section 405.106
Refuse Disposal
a)
A state or NPDES permit shall include a refuse disposal plan as a
condition.
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.
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.
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
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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.
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.
f)
Any refuse disposal plan constituting a change from the permitted refuse
disposal plan is a revised refuse disposal plan.
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.
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.
Section 405.107
Experimental Permits for Refuse Disposal
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.
b)
During operation, drainage from an experimental refuse area shall be
monitored to determine compliance with the Act and Subtitle D, Chapter I.
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.
d)
Applications for experimental permits shall comply with the requirements
of Section 405.104 of this Subtitle D.
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
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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.
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.
Section 405.108
Permit for Use of Acid-producing Mine Refuse
a)
A state or NPDES permit shall include as a condition an adequate plan for
use of acid-producing mine refuse if the operator is to use such.
b)
As defined by Section 402.101, use of acid-producing mine refuse is a
mining activity for which a permit may be required under Section 404.101.
Section 405.109
Abandonment Plan
a)
A state or NPDES permit shall include an abandonment plan as a
condition.
b)
An abandonment plan shall be incorporated into the permit by reference if
it:
1)
Includes a time schedule establishing that the abandonment plan
will be executed and completed within a reasonable time after
abandonment considering any potential adverse impact on the
environment pending completion of the plan and the amount of
time required to carry out the steps in the plan; one year is assumed
to be a reasonable time unless the operator demonstrates that a
longer time is reasonable; and
2)
Shows that the mine related facilities and mining activities will be
abandoned so as not to cause a violation of the Act or this
Chapter.;
c)
If the abandonment plan does not meet the standard of subsection (b) the
Agency may either deny the permit or issue it with an abandonment plan
modified by conditions subject to Section 405.101.
d)
The time limit provided by subsection (b)(1) is inapplicable to
abandonment plans for surface coal mines which are approved as
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reclamation plans under the Surface Coal Mining Land Conservation and
Reclamation Act, [225 ILCS 720].
e)
Any abandonment plan constituting a substantial change from the
permitted abandonment plan is a revised abandonment plan.
f)
A permittee shall apply for a new or revised or supplemental NPDES or
State permit prior to implementation of a revised abandonment plan within
the time limits provided by 35 Ill. Adm. Code 403.104(c).
(Source: Amended at 32 Ill. Reg. 14978, effective September 8, 2008)
Section 405.110
Cessation, Suspension or Abandonment
a)
A permittee shall notify the Agency in writing by certified mail within
thirty days of any of the following:
1)
Abandonment; or
2)
Cessation or suspension of active mining for thirty days or more
unless caused by a labor dispute.
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.
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.
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.
e)
Upon request by the permittee the Agency shall issue a certificate of
abandonment whenever the permittee demonstrates that:
1)
The abandonment plan has been satisfactorily executed; and
2)
The requirements of Sections 405.109(b)(2)(A) and (b)(2)(B) have
been met.
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f)
Refusal to issue a certificate of abandonment is a permit denial for
purposes of appeal.
(Source: Amended at 8 Ill. Reg. 13267, effective July 16, 1984)
Section 405.111
Emergency Procedures To Control Pollution
a)
A permittee shall notify the Agency within one hour of becoming aware of
an emergency situation concerning mining activities which causes or
threatens to cause a discharge of contaminants into the waters of Illinois.
The permittee shall initially notify the Agency by telephone and follow
this with written notice including a description of corrective measures
taken. The permittee shall immediately undertake necessary corrective
measures consistent with Agency approval under paragraph (b) of this
Section. Emergency situations, likely to cause a violation of the Act or
this Chapter I, include but are not limited to the following:
1)
Dike, levee, dam or pipeline rupture;
2)
Flooded pit containing waters which do not meet the standards of
Part 406;
3)
Power failure or mechanical breakdown of any wastewater
treatment facility.
b)
The Agency may temporarily suspend the requirement that a permit be
obtained to install and operate any device or facility necessary to correct
the emergency situation.
Section 405.112
Mine Entrances
Bore holes, openings, drill holes, entrances to underground mines and auger or punch
mine entries shall be plugged and sealed to the extent necessary to avoid the threat of
water pollution.
Section 405.113
Permit Area
A state or NPDES permit shall specify a permit area. During the permit term no portion
of the affected land shall be outside the permit area.
Section 405.APPENDIX A
REFERENCES TO PREVIOUS RULES
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The following table is provided to aid in referencing old Board rule numbers to section
numbers pursuant to codification.
Chapter 4, Mine Related Pollution Part V,
State and NPDES Permits
35 Ill. Admin. Code Part 405
Rule 500
Section 405.100
Rule 501
Section 405.101
Rule 502
Section 405.102
Rule 503
Section 405.103
Rule 504
Section 405.104
Rule 505
Section 405.105
Rule 506
Section 405.106
Rule 507
Section 405.107
Rule 508
Section 405.108
Rule 509
Section 405.109
Rule 510
Section 405.110
Rule 511
Section 405.111
Rule 512
Section 405.112
Rule 513
Section 405.113
(filed August 10, 1981, effective August 10, 1981)