TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE D: MINE RELATED WATER POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 404
STATE PERMITS
Section
404.100 Preamble
404.101
Construction and Operating Permits: State Permits
404.102
Exemption from State Permit: NPDES Holder
404.103
Exemption from State Permit: Coal Piles and Small Mines
404.104
Applications: Deadline to Apply
404.105
Permit Application: Signatures and Authorizations Required
404.106
Permit Applications: Registered or Certified Mail or Hand Delivery
Required
404.107
Supplemental State Permits
404.108
Violation of Conditions and Standards in a Permit
404.109
State Permit Term
404.110
Permit No Defense to Certain Violations
404.111 Permit Review
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 404.100 Preamble
Part 404 governs mining activities, including construction of mine related facilities, and
establishes rules for the issuance of state permits.
Section 404.101 Construction and Operating Permits: State Permits
a) Except as provided in Sections 404.102 and 404.103 no person shall:
1) Prepare land for mining activities or construct a mine related
facility which could generate refuse, result in a discharge or have
the potential to cause water pollution without a construction
permit; or
2) Carry out mining activities without an operating permit.
b) For administrative convenience the Agency may issue joint construction
and operating permits. Whether a state permit is construction, operating
or joint shall be determined from the language of the entire document.
The title given it by the Agency shall not be determinative.
Section 404.102 Exemption from State Permit: NPDES Holder
a) A permittee who holds an NPDES permit for a facility need not have a
state permit for that facility.
b) This exemption shall be inapplicable in the event the Agency ceases to
administer the NPDES permit program. In this event the Agency shall
notify permittees that state permits are required and set dates, not less than
forty-five days after notification, on which state permit applications are to
be received.
Section 404.103 Exemption from State Permit: Coal Piles and Small Mines
a) Unless the Agency determines that the facility will cause or threaten to
cause water pollution or violation of applicable regulations, the following
facilities need not obtain state permits:
1) Domestic retail sales yards;
2) Consumer stockpiles located at the consuming facility, including
but not limited to power plants and steel mills; or
3) Any facility where mining takes place which affects less than ten
acres of land per year and which does not include a coal, fluorspar,
lead or zinc mine related facility.
b) An operator of a facility claiming exemption under subsection (a)(3) of
this Section shall notify the Agency in writing of the location of the
facility and the basis for exemption. The exemption shall be of no effect
prior to the time such notice is mailed.
c) In the event the Agency determines that a facility will cause or threaten to
cause water pollution or violation of applicable regulations or that a
facility claiming exemption is not exempt, the Agency shall notify the
operator that a permit is required. An exemption which is valid except
that the Agency has determined that the facility will cause or threaten to
cause water pollution or violation of applicable regulations shall continue
for forty-five days after notification and during the pendency of a permit
application before the Agency.
Section 404.104 Applications: Deadline to Apply
A person required to have a state permit shall file an application with the Agency at least
ninety days before the date on which the permit is required.
Section 404.105 Permit Application: Signatures and Authorizations Required
An application submitted by a corporation shall be signed by a principal executive officer
of at least the level of vice president or his duly authorized representative, if such
representative is responsible for the overall operation of the facility from which the
discharge described in the application form originates. In the case of a partnership or a
sole proprietorship, the application shall be signed by a general partner or the proprietor
respectively. For all other persons, the application shall be signed by either a principal
executive officer, ranking elected official or other duly authorized employee.
Section 404.106 Permit Applications: Registered or Certified Mail or Hand
Delivery Required
a) All state permit applications shall be mailed or delivered to the
appropriate address designated by the Agency. Any application or revised
application sent by mail shall be sent by registered or certified mail, return
receipt requested.
b) Applications which are hand delivered shall be delivered to and receipted
for by any authorized person employed in the permit section of the
Agency's Mine Pollution Control Program.
Section 404.107 Supplemental State Permits
a) A permittee may apply for a new or supplemental state permit whenever
circumstances arise such that there could be a violation of its previous
permit or in other appropriate circumstances.
b) Applications for new or supplemental state permits shall be subject to the
rules on applications in general.
Section 404.108 Violation of Conditions and Standards in a Permit
a) No permittee shall violate the conditions and standards contained in its
state permit.
b) In addition to the other sanctions provided by the act and this Subtitle D,
Chapter I, the Board may revoke a state permit in appropriate
circumstances, including but not limited to the following:
1) Because of existing geological conditions an operator cannot carry
out mining activities so as not to cause a violation of the Act or
this Subtitle D, Chapter I; or
2) A history of chronic disregard by the permittee for the Act or
Board regulations; or
3) Obtaining a permit by misrepresentation or failure to disclose fully
all relevant facts; or
4) Other circumstances where it is affirmatively shown that the
general standard for permit issuance contained in Section 405.102
would not be met if a new application for permit were made.
Section 404.109 State Permit Term
State permits shall have a duration not to exceed five years as specified in the permit.
Section 404.110 Permit No Defense to Certain Violations
The possession of a state permit is not a defense to violation of the Act or Subtitle D,
Chapter I except for a complaint alleging mining activity without a permit.
Section 404.111 Permit Review
Any condition or term in a state permit or Agency notification that a permit application is
incomplete or inadequate or Agency notification of modification or revocation of an
existing permit is a permit denial entitling a person to appeal the Agency's decision to the
Board under Section 40 of the Act.
Section 404.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 IV,
State Permits
35 Ill. Admin. Code Part 404
Rule 400
Section 404.100
Rule 401
Section 404.101
Rule 402
Section 404.102
Rule 403
Section 404.103
Rule 404
Section 404.104
Rule 405
Section 404.105
Rule 406
Section 404.106
Rule 407
Section 404.107
Rule 408
Section 404.108
Rule 409
Section 404.109
Rule 410
Section 404.110
Rule 411
Section 404.111
(filed August 10, 1981, effective August 10, 1981)