~~H9

CLERK’S

EC~IVEL

OFF!CE

OCT 0 7 2003

IDENTICAL FIRST NOTICE

STATE OF JWNOIS

LINE

NUMBERED

VERSIONP0thttbonl Control Boar

This line-numbered copy ‘of the agency’s rulemaking is for use in

creating the 1st Notice Changes document.

This version should be identical to the submission made by the agency,

with the exceptions that errors in Source or Authority Notes may have

been corrected; the format used is. that of the electronic Illinois

Administrative Code database, .so formatting discrepancies ‘will be

corrected; incorrect depictions of existing language may have been

corrected to conform ~with the IAPA; statutory citations will be

handled correctly; any obvious misspellings revealed by an electronic

spell check may have been corrected; and simple techi~icalcorrections

may have been made. If any such changes have been made, they will

be highlighted on the attached popy. If there is any problem, contact

JCAR.

On this mark-up, any word or punctuation that has been altered will be

highlighted. You will need to compare this to your hard copy or your

database to determine how the original text read. If a white space is

highlighted, you will know that text has been omitted at that location.

As always, if you would like an adopted rulemaking or any Illinois

Administrative Code database materials on disk or through e-mail for

purposes of upload, contact Terra Lamb at 785-2254.

7~”rfl~.’.~V.7

c~U

JCAR350309-0314765r01

TITLE

35:

ENVIRONMENTAL PROTECTION

SUBTITLE C: WATER POLLUTION

CHAPTER I: POLLUTION CONTROL BOARD

PART 309

PERMITS

SUBPART A: NPDES PERMITS

Section

309.101

Preamble

309.102

NPDES Permit Required

3 09.103

Application

—

General

309.104

Renewal

309.105

Authority to Deny NPDES Permits

309.106

Access to Facilities and Further Information

309.107

Distribution of Applications

309.108

Tentative Determination and Draft Permit

309.109

Public Notice

309.110

Contents ofPublic Notice ofApplication

309.111

Combined Notices

309.112

Agency Action After Comment Period

309.113

Fact Sheets

309.114

Notice to Other Governmental Agencies

309.115

Public Hearings on NPDES Permit Applications

309.116

Notice ofAgency Hearing

309.117

Agency Hearing

309.118

Agency Hearing File

309.119

Agency Action After Hearing

309.120

Reopening the Record to Receive Additional Written Comment

309.141

Terms and Conditions ofNPDES Permits

309.142

Water Quality Standards and Waste Load Allocation

309.143

Effluent Limitations

309.144

Federal New Source Standards ofPerformance

309.145

Duration ofPermits

309.146

Authority to Establish Recording, Reporting, Monitoring and Sampling

Requirements

309.147

Authority to Apply Entry and Inspection Requirements

309.148

Schedules ofCompliance

309.149

Authority to Require Notice of Introduction ofPollutants into Publicly Owned

Treatment Works

309.150

Authority to Ensure Complianceby Industrial Users with Sections 204(b), 307

and 308 ofthe Clean Water Act

JCAR350309-03 14765r01

309.15 1

Maintenance and Equipment

309.152

Toxic Pollutants

309.153

Deep Well Disposal ofPollutants (Repealed)

309.154

Authorization to Construct

309.155

Sewage Sludge Disposal

309.156

Total Dissolved Solids Reporting and Monitoring

309.157

Permit Limits for Total Metals

309.181

Appeal ofFinal Agency Action on a Permit Application

309.182

Authority to Modify, Suspend or Revoke Permits

309.183

Revision ofSchedule ofCompliance

309.184

Permit Modification Pursuant to Variance

309.185

Public Access to Information

309.191

Effective Date

SUBPART B: OTHER PERMITS

Section

309.201

Preamble

309.202

Construction Permits

3 09.203

Operating Permits; New or Modified Sources

309.204

Operating Permits; Existing Sources

3 09.205

Joint Construction and Operating Permits

309.206

Experimental Permits

309.207

Former Permits (Repealed)

309.208

Permits for Sites Receiving Sludge for Land Application

309.221

Applications

—

Contents

309.222

Applications

—

Signatures and Authorizations

309.223

Applications

—

Registered or Certified Mail

309.224

Applications

—

Time to Apply

309.225

Applications

—

Filing and Final Action By Agency

309.241

Standards for Issuance

309.242

Duration ofPermits Issued Under Subpart B

309.243

Conditions

309.244

Appeals from Conditions in Permits

309.261

Permit No Defense

309.262

Design, Operation and Maintenance Criteria

309.263

Modification ofPermits

309.264

Permit Revocation

309.265

Approval ofFederal Permits

309.266

Procedures

309.28 1

Effective Date

3 09.282

Severability

JCAR350309-0314765r01

3O9~APPENDIX~

References to Previous Rules

AUTHORITY: Implementing Sections 13 and 13.3 and authorized by Section 27 ofthe

Environmental Protection Act 415 ILCS

5/13,

13.3 and 27.

SOURCE: Adopted in R71-14, at 4 PCB 3, March 7, 1972; amended in R73-1 1, 12, at 14 PCB

~61, December

1974, at 16 PCB 511, April 24,

1975,

and at 28 PCB 509, December 20, 1977;

amended in R73-1 1, 12, at 29 PCB 477, at 2 Ill. Reg. 16, p. 20, effective April 20, 1978;

amended in R79-13, at 39 PCB 263, at4 Ill. Reg. 34, p. 159, effective August 7, 1980; amended

in R77-12B, at 41 PCB 369, at

Ill. Reg. 6384, effective May 28, 1981; amended in R76-21, at

44 PCB 203, at 6 Ill. Reg. 563, effective December 24, 1981; codified at 6 Ill. Reg. 7818;

amended in R82-5, 10, at 54 PCB 411, at 8 Ill. Reg. 1612, effective January 18, 1984; amended

in R86-44 at 12 Ill. Reg.

2495,

effective January 13, 1988; amended in R88-1 at 13 Ill. Reg.

100

5993, effective April 18, 1989; amended in R88-21(A) at 14 Ill. Reg. 2892, effective February

101

13, 1990; amended in R91-5 at 16 Ill. Reg. 7339, effective April 27, 1992; amended in R95-22 at

102

20 Ill. Reg.

5526,

effective April 1, 1996; amended in R99-8 at 23 Ill. Reg. 11287, effective

103

August 26, 1999; amended in R02-1 1 at 27 Ill. Reg. 202, effective December 20, 2002; amended

104

iii

R03-19 at 27 Ill. Reg.

_______,

effective

_____________

105

106

SUBPART A: NPDES PERMITS

107

108

Section 309.107 Distribution of Applications

109

110

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

111

Unless otherwise agreed, send a copy ofthe application to the District Engineer of

112

the appropriate district ofthe U.S. Corps of Engineers with a letter requesting

113

that the District Engineer provide, within 30 days or as otherwise stated in the

114

Agency’s letter, his evaluation ofthe impact ofthe discharge on anchorage and

115

navigation. Ifthe District Engineer responds that anchorage and navigation of

116

any ofthe navigation waters would be substantially impaired by the granting of a

117

permit, the permit will be denied and the Agency shall notify the applicant. Ifthe

118

District Engineer informs the Agency that the imposition ofspecified conditions

119

upon the NPDES Permit is necessary to avoid any substantial impairment ofany

120

ofthe navigable waters, the Agency shall include in the permit those conditions

121

specified by the District Engineer.

122

Send two copies ofthe application to the Regional Administrator ofthe U.S.

123

Environmental Protection Agency with a letter stating that the application is

124

complete.

125

ç~

Notify the Illinois Department ofNatural Resources (IDNR), subject to any

126

memorandum ofagreement between the Agency and the IDNR.

127

128

(Source: Amended at 27 Ill. Reg.

_______,

effective

129

JCAR350309-0314765r01

130

section 309.108 Tentative Determination and Draft Permit

131

132

Following the receipt ofa complete application for an NPDES Permit, the Agency shall prepare

133

a tentative determination. Such determination shall include at least the following:

134

A Statement regarding whether an NPDES Permit is to be issued or denied; and

135

Ifthe determination is to issue the permit, a draft permit containing:

136

Proposed effluent limitations, consistent with federal and state

137

requirements;

138

A proposed schedule of compliance, if the applicant is not in compliance

139

with applicable requirements, including interim dates and requirements

140

consistent with the CWA and applicable regulations, for meeting the

141

proposed effluent limitations;

142

A brief description ofany other proposed special conditions which will

143

have a significant impact upon the discharge.

144

A brief descriptionstatement of the basis for each ofthe permit conditions listed in

145

Section 309.108(b), including a briefdescription ofahy mixing zones, how the

146

conditions ofthe draft permit were derived, and the statutory or regulatory

147

provisions and appropriate supporting references.

148

Upon tentative determination to issue or deny an NPDES Permit:

149

Ifthe determination is to issue the permit the Agency shall notify the

150

applicant in writing ofthe content ofthe tentative determination and draft

151

permit and ofits intent to circulate public notice of issuance in accordance

152

with Sections 309.108 through 309.112;

153

If the determination is to deny the permit, the Agency shall notify the

154

applicant in writing ofthe tentative determination and ofits intent to

155

circulate public notice ofdenial, in accordance with Sections 309.108

156

through 309.112. In the case of denial, notice to the applicant shall

157

include a statement ofthe reasons for denial, as required by Section 39(a)

158

ofthe Act.

159

For the purposes ofTitle X ofthe Act 1415 ILCS 5/Title

X’l,

the documents

160

supporting the Agency’s tentative decision to issue or deny an NPDES permit

161

under this Section shall be either identified in or made part of the Agency record.

162

163

(Source: Amended at 27 Ill. Reg.

_______,

effective

164

165

Section 309.112 Agency Action After Comment Period

166

167

Subject to Section 309.120, i’t~after the comment period provided, no public hearing is held

168

with respect to the permit, the Agency shall, after evaluation of any comments which may have

169

been received, either issue or deny the permit.

170

171

(Source: Amended at 27 Ill. Reg.

_______,

effective

_____________

172

JCAR350309-03 14765r01

216

(Source: Amended at 27 Iii. Reg.

______,

effective

_____________

217

218

Section

309.114 Notice to Other Governmental Agencies

219

220

At the time ofissuance ofpublic notice pursuant to Sections 309.109 through 309.112, the

221

Agency shall:

222

Send a fact sheet, if one has been prepared, to any other States whose waters may

223

be affected by the issuance of the proposed permit and, upon request, provide

224

such States with a copy ofthe application and a copy of the draft permit. Each

225

affected State shall be afforded an opportunity to submit written recommendations

226

within a stated number ofdays to the Agency and to the Regional Administrator

227

ofthe U.S. Environmental Protection Agency, which the Agency may incorporate

228

into the permit if issued. Should the Agency decline to incorporate any written

229

recommendations thus received, it shall provide to the affected state State or

230

states States (and to the Regional Administrator) a written explanation of its

231

reasons for declining to accept any of the written recommendations.

232

Following the procedure set forth in subsectio~n(a) ,abov9, notify and receive

233

recommendations from any interstate agency having water quality control

234

authority over waters which maybe affected by the permit.

235

Unless otherwise agreed, in accordance with 40 CFR 124.34(c), send a copy of

236

the fact sheet, if one has been prepared, to the appropriate District Engineer of the

237

Army Corps ofEngineers for discharges (other than minor discharges) into

238

navi~ablenavigiblewaters.

239

Upon request, send a copy ofthe public notice and a copy.ofthe fact sheet for

240

NPDES Permit applications to any other Federal, ~

State or local agency, or

241

any affected country, and provide such agencies an opportunity to respond,

242

comment, or request a public hearing pursuant to Sections 309.115-309.119. Such

243

agencies shall include at least the following:

244

The agencyresponsible for the preparation of an approved plan pursuant

245

to Section 208(b) ofthe CWA; and

246

The State or interstate agency responsible for the preparation ofa plan

247

pursuant to an approved continuous planning process under Section 303(e)

248

oftheCWA.

249

Send notice to, and coordinate with, appropriate public health agencies for the

250

purpose of assisting the applicant in integrating the relevant provisions of the

251

CWA with any applicable requirements ofsuchpublic health agencies.

252

253

(Source: Amended at 27 Ill. Reg.

_______,

effective

______________

254

255

Section 309.119 Agency Action After Hearing

256

257

Subject to Section 309.120, f~I~”i~i~

ollowing the public hearing, the Agency may make such

258

modifications in the terms and conditions ofproposed permits as maybe appropriate and shall

JCAR350309-03 14765r01

259

transmit to the Regional Administrator for his approval a copy ofthe permit proposed to be

260

issued unless the Regional Administrator has waived his right to receive and review permits of

261

its class. The Agency shall provide a notice ofsuch transmission to the applicant, to any person

262

who participates in the public hearing, to any person who requested a public hearing, and to

263

appropriate persons on the mailing list established under Sections 309.109 through 309.112.

264

Such notice shall briefly indicate any significant changes which were made from terms and

265

conditions set forth in the draft permit. All permits become effective when issued unless a

266

different date is specified in the permit.

267

268

(Source: Amended at 27 Ill. Reg.

_______,

effective

______________

269

270

Section 309.120 Reopening the Record to Receive Additional Written Comment

271

272

The Agency shall order the public comment period reopened to receive additional

273

written comments where the Agency significantly modifies the draft permit and

274

the final permit is not a logical outgrowth of the proposed draft permit. In

275

determining if the final permit is a logical outgrowth ofthe draft permit, the

276

Agency shall consider the following:

277

Whether the interested parties could not have reasonably anticipated the

278

final permit from the draft permit

279

Whether a new round ofnotice and comment would provide interested

280

parties the first opportunity to offer comments on the issue

281

Whether the provisions in the final permit deviate sharply from the

282

concepts included in the draft permit or suggested by the commenters; or

283

Whether the changes made in the final permit represent an attempt by the

284

Agency to respond to suggestions made by commenters.

285

The public notice ofany comment period extended under this Section shall

286

identify the issues as to which the public comment period is being reopened.

287

Comments filed during the reopened period shall be limited to the substantial new

288

issues that caused its reopening.

289

For~otificationpurposes, the Agency shall follow the public notice requirements

290

ofSection 309.109.

291

292

(Source: Added at 27 Ill. Reg.

_______,

effective

_____________

293

294

Section 309.143 Effluent Limitations

295

296

Effluent limitations must control all pollutant or pollutant parameters (either

297

conventional, nonconventional, or toxic pollutants)~heAgency determines are~or

298

may be~discharged at a level that will cause, have the reasonable potential to

299

cause, ~r contribute to an excursion above any State water quality standard,

300

including State narrative criteria for water quality.

301

In the application of effluent standards and limitations, water quality standards

JCAR350309-03 14765r01

302

and other applicable requirements, the Agency shall, for each permit, specify

303

average and maximum daily quantitative limitations for the level ofpollutants in

304

the authorized discharge in terms ofweight (except pH, temperature, radiation,

305

and any other pollutants not appropriately expressed by weight, and except for

306

discharges whose constituents cannot be appropriately expressed by weight). The

307

Agency may, in its discretion, in addition to specification ofdaily quantitative

308

limitations by weight, specify other limitations, such as average or maximum

309

concentration limits, for the level ofpollutants in the authorized discharge.

310

Effluent limitations for multiproduct operations shall provide for appropriate

311

waste variations from such plants. Where a schedule of compliance is included as

312

a condition in a permit, effluent limitations shall be included for the interim

313

period as well as for the period following the final compliance date.

314

315

(Source: Amended at 27 Ill. Reg.

______,

effective

_____________

316

317

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

318

Requirements

319

320

‘

The Agency shall require every holder ofan NPDES Permit, as a condition ofthe

321

NPDES Permit issued to the holder, to

322

Establish, maintain and retain records;

323

Make reports adequate to determine the compliance or lack ofcompliance

324

with all effluent limits and special conditions in the permit~

325

Install, calibrate, use and maintain monitoring equipment or methods

326

(including where appropriate biological monitoring methods);

327

Take samples ofeffluents (in accordance with such methods, at such

328

locations, at such intervals, and in such a manner as may be prescribed;

329

and

330

Provide such other information as may reasonablybe required.

331

The Agency may require every holder of an NPDES Permit for a publicly owned

332

and publicly regulated treatment works, as a condition ofthe NPDES Permit, to

333

require industrial users ofsuch a treatment works to:

334

Establish, maintain and retain records;

335

Make reports;

336

Install, calibrate, use and maintain monitoring equipment or methods

337

(including where appropriate biological monitoring methods);

338

Take samples ofeffluents (in accordance with such methods, at such

339

locations, at such intervals, and in such a manner as may be prescribed);

340

and

341

Provide such other information as may reasonably be required.

342

All such requirements shall be included as conditions of the NPDES Permit issued

343

to the discharger, and shall be at least as stringent as those required by applicable

344

federal regulations when these become effective.

JCAR350309-03 14765r01

345

All permits shall specify requirements concerning the proper use, maintenance,

346

and installation, when appropriate, of monitoring equipment ormethods

347

(including biological monitoring methodsj~whenappropriate); required

348

monitoring, including type, interval, and frequency sufficient to yield data

~•

349

representative of the monitored activity, including, when appropriate, continuous

350

monitoring.

351

352

(Source: Amended at 27 Ill. Reg.

_______,

effective

_____________