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: Implementing Sections 12 and 13 and authorized by Section 27 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.

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

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

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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