TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE D: MINE RELATED WATER POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 407
COMPLIANCE AND EFFECTIVE DATES
Section
407.101 |
Effective Date |
407.102 |
Applications from Holders of Outstanding Permits |
407.103 |
Expiration of Outstanding Permits |
407.104 |
Abandonment Plan for Existing Permits |
Appendix A |
References to Previous Rules |
AUTHORITY: Authorized by Section 27 and implementing Sections 12 and 13 of the Illinois Environmental Protection Act (Ill. Rev. Stat., ch. 111 1/2, pars. 1012, 1013 and 1027) unless otherwise noted.
SOURCE: Adopted at 4 Ill. Reg. 34, p. 164, effective August 7, 1980; codified at 5 Ill. Reg. 34, p. 8527, effective August 10, 1981 unless otherwise noted.
Section 407.101 Effective Date
This Chapter is effective upon filing with the Secretary of State.
Section 407.102 Applications from Holders of Outstanding Permits
| a) | A holder of an outstanding operating permit under the old Chapter 4 may apply for a state or NPDES permit at any time. |
| b) | The Agency may by notification require a holder of an outstanding operating permit to apply for a state or NPDES permit. |
| c) | Notification shall contain a date, not less than 180 days after notification, by which date an application must be received by the Agency. |
Section 407.103 Expiration of Outstanding Permits
Compliance with the provisions of this Chapter is required on the effective date except that immediate compliance with the permit requirement of Section 404.101 is not required of holders of outstanding permits for mines opened prior to the effective date of this Subtitle D, Chapter I. For such facilities, compliance with Section 404.101 is required upon expiration of the outstanding operating permit. Such permits shall expire upon the occurrence of any of the following conditions, whichever occurs first:
| a) | The lapse of three years after the effective date of this Chapter; or |
| b) | The expiration of any NPDES permit held by the permittee for the facility; or |
| c) | Issuance of a permit for the facility pursuant to Section 403.102 or Section 404.101; or |
| d) | The lapse of an application period fixed pursuant to Section 407.102(c) if an application is not received by the date given in the notification. |
Section 407.104 Abandonment Plan for Existing Permits
The requirement of a permit to abandon contained in Rule 502 of old Chapter 4, effective May 23, 1972 shall continue to apply to operators of mines opened prior to the effective date of this Subtitle D, Chapter I, until such time as such operator shall have been issued under this Subtitle D, Chapter I a valid permit containing an abandonment plan.
Section 407.APPENDIX A REFERENCES TO PREVIOUS RULES
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 VII, Compliance and Effective Dates |
35 Ill. Admin. Code Part 407 |
Rule 701 |
Section 407.101 |
Rule 702 |
Section 407.102 |
Rule 703 |
Section 407.103 |
Rule 704 |
Section 407.104 |
(filed August 10, 1981, effective August 10, 1981)