1. TITLE 35: ENVIRONMENTAL PROTECTION
    2. SUBTITLE D: MINE RELATED WATER POLLUTION
      1. CHAPTER I: POLLUTION CONTROL BOARD
        1. PART 403
        2. NPDES PERMITS
          1. Section 403.100 Preamble
          2. Section 403.101 Incorporation of NPDES Water Rules
          3. Section 403.102 NPDES Permits Required of Certain Discharge
          4. Section 403.103 Application
          5. Section 403.104 Construction Authorization
          6. Section 403.APPENDIX A REFERENCES TO PREVIOUS RULES
 
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE D: MINE RELATED WATER POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
 
PART 403
NPDES PERMITS
 
Section
403.100 Preamble
403.101
Incorporation of NPDES Water Rules
403.102
NPDES Permits Required of Certain Dischargers
403.103 Application
403.104 Construction Authorization
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 403.100 Preamble
 
a) Part 403 governs mining activities and permit issuance with respect to
holders of an NPDES permit and persons required to obtain an NPDES
permit for a facility.
 
b) As provided by Section 404.102, those facilities which operate under an
NPDES Permit need not obtain a state permit so long as the Agency
administers the NPDES permit program
 
c) Part 404 is inapplicable to NPDES permit holders, as provided by Section
404.102.
 
Section 403.101 Incorporation of NPDES Water Rules
 
The rules contained in Subpart A, Part 309, Subtitle C: Water Pollution shall apply to
NPDES permits required under this Subtitle D, Chapter I, except for Section 309.154*,
Authorization to Construct; provided, however, that in the event conflict arises between
Subtitle D, Chapter I and Subpart A, Part 309, Subtitle C, Chapter I, the requirements of
Subtitle D, Chapter I shall apply to Mine related facilities.
*Prior to codification, Rule 910(n) of Chapter 3.
 
Section 403.102 NPDES Permits Required of Certain Dischargers
 
 
Except as in compliance with the provisions of the Act, Board regulations, the FWPCA
and the provisions and conditions of the NPDES permit issued to the discharger, the
discharge of any contaminant or pollutant by any person into the waters of the state from
a point source or into a well shall be unlawful.
 
Section 403.103 Application
 
a) A person required to obtain an NPDES permit shall file an application in
accordance with Section 405.104 on forms provided by the Agency or the
United States Environmental Protection Agency as applicable.
 
b) A person who holds an NPDES permit for a facility or who submits an
NPDES permit application for that facility need not apply for a state
permit unless and until the Agency notifies that person that a state permit
is required for that facility.
 
c) Application for a renewed or supplemental NPDES permit is governed by
the rules on NPDES applications in general.
 
Section 403.104 Construction Authorization
 
a) No person shall prepare land for mining activities or construct a mine
related facility for which an NPDES permit is required unless:
 
1) The person holds an NPDES permit containing as a condition a
construction authorization for the preparation or construction; or
 
2) The person holds a construction permit for the preparation or
construction issued pursuant to Section 404.101.
 
b) No permittee shall cause or allow the construction of a new mine related
facility or modification of a mining activity or mine related facility for
which an NPDES permit is held unless the NPDES permit includes as a
condition a construction authorization for such construction or
modification; provided, however, that construction authorization is not
required for modification which would not cause a violation of conditions
of the existing permit.
 
c) Any person required to obtain a construction authorization shall make
application at least 180 days in advance of the date on which construction
or modification is to begin.
 
d) Any person seeking a construction authorization shall furnish information
and complete an application as provided in Section 405.104. Issuance of a
construction authorization shall be governed by the rules which govern
issuance of an NPDES permit, including Sections 405.101 and 405.102.
 
 
Section 403.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 III,
NPDES Permits
35 Ill. Admin. Code Part 403
 
  
Rule 300
Section 403.100
Rule 301
Section 403.101
Rule 302
Section 403.102
Rule 303
Section 403.103
Rule 304
Section 403.104
 
(filed August 10, 1981, effective August 10, 1981)

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