TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 106
HEARINGS PURSUANT TO SPECIFIC RULES
SUBPART A: HEATED EFFLUENT DEMONSTRATIONS
Section
106.101
Petition
106.102
Requirements for Petition
106.103
Parties
106.104
Recommendation
106.105
Notice and Hearing
106.106
Transcripts
106.107
Opinion and Order
SUBPART B: ARTIFICIAL COOLING LAKE DEMONSTRATIONS
Section
106.201
Petition
106.202
Notice and Hearing
106.203
Transcripts
106.204
Effective Date
SUBPART C: SULFUR DIOXIDE DEMONSTRATIONS
Section
106.301
Petition
106.302
Requirements for Petition
106.303
Parties
106.304
Recommendation
106.305
Notice and Hearing
106.306
Transcripts
SUBPART D: RCRA ADJUSTED STANDARD PROCEDURES
Section
106.401
Petition (Repealed)
106.402
Notice of Petition (Repealed)
106.403
Recommendation (Repealed)
106.404
Response (Repealed)
106.405
Public Comment (Repealed)
106.406
Public Hearings (Repealed)
106.407
Decision (Repealed)
106.408
Appeal (Repealed)
106.410
Scope and Applicability
106.411
Joint or Single Petition
106.412
Request to Agency to Join as Co-Petitioner
106.413
Contents of Petition
106.414
Response and Reply
106.415
Notice and Conduct of Hearing
106.416
Opinions and Orders
SUBPART E: AIR ADJUSTED STANDARD PROCEDURES
Section
106.501
Scope and Applicability
106.502
Joint or Single Petition
106.503
Request to Agency to Join As Co-Petitioner
106.504
Contents of Petition
106.505
Response and Reply
106.506
Notice and Conduct of Hearing
106.507
Opinions and Orders
SUBPART F: WATER WELL SETBACK EXCEPTION PROCEDURES
Section
106.601
Scope and Applicability
106.602
Contents of Petition
106.603
Response and Reply
106.604
Notice and Conduct of Hearing
106.605
Opinions and Orders
SUBPART G: ADJUSTED STANDARDS
Section
106.701
Applicability
106.702
Definitions
106.703
Joint or Single Petition
106.704
Request to Agency to Join As Co-Petitioner
106.705
Petition Contents
106.706
Petition Verification
106.707
Federal Procedural Requirements
106.708
Incorporated Material
106.709
Motions
106.710
Service of Filings
106.711
Petition Notice
106.712
Proof of Petition Notice
106.713
Request for Public Hearing
106.714
Agency Response
106.715
Amended Petition and Amended Response
106.801
Hearing Scheduled
106.802
Hearing Notice
106.803
Pre-Hearing Submission of Testimony and Exhibits
106.804
Discovery
106.805
Admissible Evidence
106.806
Order of Hearing
106.807
Post-hearing Comments
106.808
Burden of Proof
106.901
Board Deliberations
106.902
Dismissal of Petition
106.903
Board Decision
106.904
Opinion and Order
106.905
Appeal of Board Decisions
106.906
Publication of Adjusted Standards
106.907
Effect of Filing a Petition
SUBPART H: REVOCATION AND REOPENING OF CLEAN AIR ACT PERMIT
PROGRAM (CAAPP) PERMITS
Section
106.910
Applicability
106.911
Definitions
106.912
Petition
106.913
Response and Reply
106.914
Notice and Hearing
106.915
Opinion and Order
106.916
USEPA Review of Proposed Determination
SUBPART I: MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY
DETERMINATIONS
Section
106.920
Applicability
106.921
Definitions
106.922
Petition
106.923
Response and Reply
106.924
Notice and Hearing
106.925
Opinion and Order
SUBPART J: CULPABILITY DETERMINATIONS
Section
106.930
Applicability
106.931
Petition for Review
106.932
Response and Reply
106.933
Notice and Hearing
106.934
Opinion and Order
SUBPART K: INVOLUNTARY TERMINATION OF ENVIRONMENTAL
MANAGEMENT SYSTEM AGREEMENTS (EMSAs)
Section
106.940
Purpose, Applicability
106.942
Definitions
106.944
Severability
106.945
Termination Under Section 52.3-4(b) of the Act
106.946
Who May Initiate, Parties
106.948
Notice, Statement of Deficiency, Answer
106.950
Service
106.952
Notice of Hearing
106.954
Deficient Performance
106.956
Board Decision
106.958
Burden of Proof
106.960
Motions, Responses
106.962
Intervention
106.964
Continuances
106.966
Discovery, Admissions
106.968
Subpoenas
106.970
Settlement Procedure
106.972
Authority of Hearing Officer, Board Members and Board Assistants
106.974
Order and Conduct of Hearing
106.976
Evidentiary Matters
106.978
Post-Hearing Procedures
106.980
Motion After Entry of Final Order
106.982
Relief from Section 106.956 Final Orders
SUBPART L: Outstanding Resource Waters Determination
Section
106.990
Applicability
106.991
Definitions
106.992
Petition
106.993
Publication
106.994
Petition Contents
106.995
Board Action
APPENDIX A Old Rule Numbers Referenced
AUTHORITY: Implementing Sections 5, 14.2(c), 22.4, 27, 28, 28.1, 28.5, 39.5 and 52.3 and
authorized by Sections 26, 39.5 and 52.3 of the Environmental Protection Act [415 ILCS 5/5,
14.2(c), 22.4, 27, 28, 28.1, 28.5, 26, 39.5 and 52.3]
SOURCE: Filed with Secretary of State January 1, 1978; amended at 4 Ill. Reg. 2, p. 186,
effective December 27, 1979; codified at 6 Ill. Reg. 8357; amended in R85-22 at 10 Ill. Reg.
992, effective February 2, 1986; amended in R86-46 at 11 Ill. Reg. 13457, effective August 4,
1987; amended in R82-1 at 12 Ill. Reg. 12484, effective July 13, 1988; amended in R88-10 at 12
Ill. Reg. 12817, effective July 21, 1988; amended in R88-5(A) at 13 Ill. Reg. 12094, effective
July 10, 1989; amended in R88-5(B) at 14 Ill. Reg. 9442, effective June 5, 1990; amended in
R93-24 at 18 Ill. Reg. 4230, effective March 8, 1994; amended in R93-30 at 18 Ill. Reg. 11579,
effective July 11, 1994; amended in R99-9 at 23 Ill. Reg. 2697, effective February 16, 1999;
amended in at Ill. Reg. , effective .
Section 106.990 Applicability
The procedures set forth in this Subpart apply to any person seeking an Outstanding Resource
Water “ORW” designation for a surface water or any segment thereof as provided by 35 Ill.
Adm. Code 303.205. This Subpart shall be read in conjunction with 35 Ill. Adm. Code 102 that
contains procedures generally applicable to regulatory and informational hearings and
proceedings. In a proceeding held pursuant to this Subpart, the requirements of this Subpart
shall apply in the event of conflict between the requirements of 35 Ill. Adm. Code 102 and those
of this Subpart.
Section 106.991 Definitions
For the purpose of this Subpart, words and terms shall have the meanings as defined in 35 Ill.
Adm. Code 102.101, unless otherwise provided.
Section 106.992 Petition
Any person may submit a written petition for the adoption, amendment or repeal of an ORW
designation. The original and nine (9) copies of each petition shall be filed with the Clerk and
one copy each served upon the Agency, Illinois Department of Natural Resources (IDNR), the
Attorney General, the States Attorney of each county in which the waters or water segment runs,
the Chairman of the County Board of each county in which the waters or water segment runs, to
each member of the General Assembly from the legislative district in which the waters or water
segment runs, to current NPDES permit holders and NPDES permit applicants, applicants for
federally permitted activities that require a certification from the Agency pursuant to Section 401
of the Clean Water Act, and to other persons as required by law.
Section 106.993 Publication
A person that submits a written petition for the adoption, amendment or repeal of an ORW
designation shall, within 10 days after the petition is filed, publish notice of such petition in a
newspaper of general circulation in the county or counties in which the effected water body
flows.
Section 106.994 Petition Contents
The petition must be captioned in accordance with 35 Ill. Adm. Code Section
101.ILLUSTRATION A General Rulemaking. The petition must contain headings
corresponding to the informational requirements of each subsection of this Section. The
following information shall be contained in the petition:
a)
The proponent shall identify the waters or water segment, which is to be
addressed by the proposed amendment and the language to be added, deleted or
repealed. Underscoring must indicate language being added and strikeouts must
indicate language being deleted.
b)
A statement describing the specific surface water or segment thereof for which the
ORW designation is requested and that waters’ or segment’s present designation;
c)
A statement describing the area in which the specific surface water or segment
thereof exists including, but not limited to:
1)
the existence of wetlands or natural areas;
2)
the life contained within that area including endangered or threatened
species of plants, aquatic life or wildlife listed pursuant to the Endangered
Species Act, 16 USC 1531 et seq. or the Illinois Endangered Species
Protection Act, 41 ILCS 10.
d)
A statement supporting the designation including, but not limited to, the health,
environmental, recreational, aesthetic or economic benefits of the designation;
e)
A statement identifying the ORW designation’s anticipated impact on economic
and social development. This statement should be supported by current,
verifiable information including, but not limited to:
1)
impacts on the regional economy;
2)
impacts on regional employment;
3)
impacts on the community;
4)
a comparison of the health and environmental impacts to the economic
impact of an ORW designation;
f)
A statement describing the existing and anticipated uses of the specific surface
water or segment thereof for which the ORW designation is requested;
g)
A statement describing the existing and anticipated quality of the specific surface
water or segment thereof warranting the ORW designation;
h)
A synopsis of all testimony to be presented by the proponent at hearing;
i)
Copies of any material to be incorporated by reference within the proposed
designation pursuant to Section 5-75 of the Administrative Procedures Act;
j)
Proof of service upon all persons required to be served pursuant to Section
106.942 of this Part and proof of publication required by Section 106.943 of this
Part;
k)
Unless the proponent is the Agency, Illinois Department of Natural Resources or
receives a waiver by the Board, a petition signed by at least 200 persons, pursuant
to Section 28 of the Act and Section 102.160(a); and
l)
Where any information required by this Section is inapplicable or unavailable, a
complete justification for such inapplicability or unavailability.
Section 106.995 Board Action
a)
Dismissal
1)
Failure of the proponent to satisfy the content requirements for petitions
under this Subpart or failure to respond to Board requests for additional
information will render a petition subject to dismissal for inadequacy.
2)
Failure of the proponent to pursue disposition of the petition in a timely
manner will render a petition subject to dismissal. In making this
determination, the Board shall consider factors including but not limited
to, the history of the proceeding and the proponent’s compliance with any
Board or hearing officer orders.
3)
Any person may file a motion challenging the sufficiency of the petition
pursuant to 35 Ill. Adm. Code 101.243.
4)
The Board shall dismiss a petition for inadequacy in cases in which the
Board, after evaluating the petition, cannot determine the jurisdictional
basis on which the petition is made. In all such cases, a statement
informing the proponent of the Board’s basis for dismissal will be made.
Dismissal of the petition does not bar a proponent from re-submitting a
petition in the absence of any deadline imposed by the Act or Board
regulations.
b)
Designation of ORW
A)
The Board shall designate a water body or water body segment as
an ORW and list it in Ill. Adm. Code 303.206 if it finds:
2)
the water body or water body segment is of uniquely high biological or
recreational quality; and
3)
the benefits of protection of the water from future degradation outweigh
the benefits of economic or social opportunities that will be lost if the
water is designated as an ORW.
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE C: WATER POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 302
WATER QUALITY STANDARDS
SUBPART A: GENERAL WATER QUALITY PROVISIONS
Section
302.100
Definitions
302.101
Scope and Applicability
302.102
Allowed Mixing, Mixing Zones and ZIDS
302.103
Stream Flows
302.104
Main River Temperatures
302.105
Antidegradation Nondegradation
SUBPART B: GENERAL USE WATER QUALITY STANDARDS
Section
302.201
Scope and Applicability
302.202
Purpose
302.203
Offensive Conditions
302.204
pH
302.205
Phosphorus
302.206
Dissolved Oxygen
302.207
Radioactivity
302.208
Numeric Standards for Chemical Constituents
302.209
Fecal Coliform
302.210
Other Toxic Substances
302.211
Temperature
302.212
Ammonia Nitrogen and Un-ionized Ammonia
302.213
Effluent Modified Waters (Ammonia)
SUBPART C: PUBLIC AND FOOD PROCESSING WATER SUPPLY STANDARDS
Section
302.301
Scope and Applicability
302.302
Algicide Permits
302.303
Finished Water Standards
302.304
Chemical Constituents
302.305
Other Contaminants
302.306
Fecal Coliform
SUBPART D: SECONDARY CONTACT AND INDIGENOUS AQUATIC LIFE
STANDARDS
Section
302.401
Scope and Applicability
302.402
Purpose
302.403
Unnatural Sludge
302.404
pH
302.405
Dissolved Oxygen
302.406
Fecal Coliform (Repealed)
302.407
Chemical Constituents
302.408
Temperature
302.409
Cyanide
302.410
Substances Toxic to Aquatic Life
SUBPART E: LAKE MICHIGAN BASIN WATER QUALITY STANDARDS
Section
302.501
Scope, Applicability, and Definitions
302.502
Dissolved Oxygen
302.503
pH
302.504
Chemical Constituents
302.505
Fecal Coliform
302.506
Temperature
302.507
Thermal Standards for
Existing Sources on January 1, 1971
302.508
Thermal Standards for
Sources under Construction But Not in Operation on
January 1, 1971
302.509
Other Sources
302.510
Incorporations by Reference
302.515
Offensive Conditions
302.520
Regulation and Designation of Bioaccumulative Chemicals of Concern (BCCs)
302.521
Supplemental Antidegradation Provisions for BCCs
302.525
Radioactivity
302.530
Supplemental Mixing Provisions for BCCs
302.535
Ammonia Nitrogen
302.540
Other Toxic Substances
302.545
Data Requirements
302.550
Analytical Testing
302.553
Determining the Lake Michigan Aquatic Toxicity Criteria or Values - General
Procedures
302.555
Determining the Tier I Lake Michigan Basin Acute Aquatic Life Toxicity
Criterion (LMAATC):
Independent of Water Chemistry
302.560
Determining the Tier I Lake Michigan Basin Acute Aquatic Life Toxicity
Criterion (LMAATC):
Dependent on Water Chemistry
302.563
Determining the Tier II Lake Michigan Basin Acute Aquatic Life Toxicity Value
(LMAATV)
302.565
Determining the Lake Michigan Basin Chronic Aquatic Life Toxicity Criterion
(LMCATC) or the
Lake Michigan Basin Chronic Aquatic Life Toxicity Value (LMCATV)
302.570
Procedures for Deriving Bioaccumulation Factors for the Lake Michigan Basin
302.575
Procedures for Deriving Tier I Water Quality Criteria in the Lake Michigan Basin
to Protect Wildlife
302.580
Procedures for Deriving Water Quality Criteria and Values in the Lake Michigan
Basin to Protect
Human Health – General
302.585
Procedures for Determining the Lake Michigan Basin Human Health Threshold
Criterion
(LMHHTC) and the Lake Michigan Basin Human Health Threshold Value
(LMHHTV)
302.590
Procedures for Determining the Lake Michigan Basin Human Health
Nonthreshold Criterion
(LMHHNC) or the Lake Michigan Basin Human Health Nonthreshold Value
(LMHHNV)
302.595
Listing of Bioaccumulative Chemicals of Concern, Derived Criteria and Values
SUBPART F: PROCEDURES FOR DETERMINING WATER QUALITY CRITERIA
Section
302.601
Scope and Applicability
302.603
Definitions
302.604
Mathematical Abbreviations
302.606
Data Requirements
302.612
Determining the Acute Aquatic Toxicity Criterion for an Individual Substance –
General Procedures
302.615
Determining the Acute Aquatic Toxicity Criterion - Toxicity Independent of
Water Chemistry
302.618
Determining the Acute Aquatic Toxicity Criterion - Toxicity Dependent on Water
Chemistry
302.621
Determining the Acute Aquatic Toxicity Criterion - Procedures for Combinations
of Substances
302.627
Determining the Chronic Aquatic Toxicity Criterion for an Individual Substance -
General Procedures
302.630
Determining the Chronic Aquatic Toxicity Criterion - Procedure for Combination
of Substances
302.633
The Wild and Domestic Animal Protection Criterion
302.642
The Human Threshold Criterion
302.645
Determining the Acceptable Daily Intake
302.648
Determining the Human Threshold Criterion
302.651
The Human Nonthreshold Criterion
302.654
Determining the Risk Associated Intake
302.657
Determining the Human Nonthreshold Criterion
302.658
Stream Flow for Application of Human Nonthreshold Criterion
302.660
Bioconcentration Factor
302.663
Determination of Bioconcentration Factor
302.666
Utilizing the Bioconcentration Factor
302.669
Listing of Derived Criteria
APPENDIX A References to Previous Rules
APPENDIX B Sources of Codified Sections
AUTHORITY: Implementing Section 13 and authorized by Sections 11(b) and 27 of the
Environmental Protection Act [415 ILCS 5/13 11(b), and 27]
SOURCE: Filed with the Secretary of State January 1, 1978; amended at 2 Ill. Reg. 44, p. 151,
effective November 2, 1978; amended at 3 Ill. Reg. 20, p. 95, effective May 17, 1979; amended
at 3 Ill. Reg. 25, p. 190, effective June 21, 1979; codified at 6 Ill. Reg. 7818; amended at 6 Ill.
Reg. 11161, effective September 7, 1982; amended at 6 Ill. Reg. 13750, effective October 26,
1982; amended at 8 Ill. Reg. 1629, effective January 18, 1984; peremptory amendments at 10 Ill.
Reg. 461, effective December 23, 1985; amended at R87-27 at 12 Ill. Reg. 9911, effective May
27, 1988; amended at R85-29 at 12 Ill. Reg. 12082, effective July 11, 1988; amended in R88-1 at
13 Ill. Reg. 5998, effective April 18, 1989; amended in R88-21(A) at 14 Ill. Reg. 2899, effective
February 13, 1990; amended in R88-21(B) at 14 Ill. Reg. 11974, effective July 9, 1990; amended
in R94-1(A) at 20 Ill. Reg. 7682, effective May 24, 1996; amended in R94-1(B) at 21 Ill. Reg.
370, effective December 23, 1996; expedited correction at 21 Ill. Reg. 6273, effective December
23, 1996; amended in R97-25 at 21 Ill. Reg. 1356, effective December 24, 1997; amended in
__________ at __________ Ill. Reg. __________, effective __________.
Section 302.105
Antidegradation
The purpose of this Section is to maintain high quality waters and to prevent unnecessary
deterioration of waters of the State.
a)
Existing Uses
Uses actually attained in the water body on or after November 28, 1975, whether
or not they are included in the water quality standards, must be maintained and
protected. Examples of degradation of existing uses of the waters of the State
include but are not limited to:
1)
an action that would result in the deterioration of the existing aquatic
community, such as a shift from a community of predominantly pollutant-
sensitive species to pollutant-tolerant species or a loss of species diversity;
or
2)
an action that would result in a loss of a resident or indigenous species
whose presence is necessary to sustain commercial or recreational
activities.
b)
Outstanding Resource Waters
1)
Waters that are classified as an Outstanding Resource Water (ORW)
pursuant to 35 Ill. Adm. Code 303.205 must not be lowered in quality
except as provided below:
A)
An activity that results in short-term, temporary (i.e., weeks or
months) lowering of water quality; or
B)
Existing site stormwater discharges that comply with applicable
federal and state storm water management regulations and do not
result in a violation of any water quality standards; and
C)
The proponent of any activity requiring a National Pollutant
Discharge Elimination System (NPDES) or a Clean Water Act
(CWA) Section 401 certification must also submit a demonstration
to the Agency meeting the requirements of subsections b(2) and
c(2) of this Section.
2)
Any activity listed in subsection (b)(1) or proposed increase in pollutant
loading must also meet the following requirements:
A)
All existing uses of the water will be fully protected;
B)
The proposed increase in pollutant loading is necessary for an
activity that will improve water quality in the ORW; and
C)
The improvement could not be practicably achieved without the
proposed increase in pollutant loading.
3)
Any proposed increase in pollutant loading requiring an NPDES permit or
a CWA 401 certification for an ORW must be assessed pursuant to 35 Ill.
Adm. Code Part 354 to determine compliance with this Section.
c)
High Quality Waters
1)
Except as otherwise provided in subsection (d) of this Section, waters of
the State whose existing quality exceeds established standards of this Part
must be maintained in their present high quality, unless the proponent can
demonstrate pursuant to subsection (c)(2) of this Section, that allowing the
lowering of water quality, is necessary to accommodate important
economic or social development.
2)
Any proposed increase in pollutant loading subject to a NPDES permit or
CWA Section 401 certification must be assessed pursuant to 35 Ill. Adm.
Code Part 354 to determine compliance with this Section.
A)
The Agency shall consider the fate and effect of any parameters
proposed for an increased pollutant loading.
B)
The proponent of an increased pollutant loading shall demonstrate
the following:
i)
The applicable numeric or narrative water quality standard
must not be exceeded as a result of the proposed activity;
ii)
All existing uses must be fully protected;
iii)
All technically and economically reasonable measures to
avoid or minimize the extent of the proposed load increase
have been incorporated into the proposed activity; and
iv)
The activity that results in an increased pollutant loading
must benefit the community at large.
d)
Activities Not Subject to an Antidegradation Demonstration
The following activities will not be subject to an antidegradation demonstration
pursuant to subsection (c) of this Section.
1)
Short-term, temporary (i.e., weeks or months) lowering of water quality;
2)
Bypasses that are not prohibited at 40 CFR 122.41(m);
3)
Response actions pursuant to the Comprehensive Environmental
Response, Compensation and Liability Act (CERCLA), as amended, or
similar federal or State authority, taken to alleviate a release into the
environment of hazardous substances, pollutants or contaminants which
may pose a danger to public health or welfare;
4)
A thermal discharge that has been approved through a CWA Section
316(a) demonstration;
5)
New or increased discharges of a non-contact cooling water, without
additives, returned to the same body of water from which it was taken as
defined by 35 Ill. Adm. Code 352.104, provided that the discharge
complies with applicable Illinois thermal standards; or
6)
Discharges permitted under a current general NPDES permit as provided
by 415 ILCS 5/39(b), are not subject to facility-specific antidegradation
review.
e)
Lake Michigan Basin
Waters in the Lake Michigan basin as identified in 35 Ill. Adm. Code 303.443 are also
subject to the requirements applicable to bioaccumulative chemicals of concern found at
Section 302.521 of this Part.
Section 302.105 Nondegradation
Except as otherwise provided in Section 302.520, waters whose existing quality is better
than the established standards at their date of their adoption will be maintained in their
present high quality. Such waters will not be lowered in quality unless and until it is
affirmatively demonstrated that such change will not interfere with or become injurious
to any appropriate beneficial uses made of, or presently possible in, such waters and that
such change is justifiable as a result of necessary economic or social development.
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE C: WATER POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 303
WATER USE DESIGNATIONS AND SITE SPECIFIC WATER QUALITY
STANDARDS
SUBPART A: GENERAL PROVISIONS
Section
303.100
Scope and Applicability
303.101
Multiple Designations
303.102
Rulemaking Required
SUBPART B: NONSPECIFIC WATER USE DESIGNATIONS
Section
303.200
Scope and Applicability
303.201
General Use Waters
303.202
Public and Food Processing Water Supplies
303.203
Underground Waters
303.204
Secondary Contact and Indigenous Aquatic Life Waters
303.205
SUBPART C: SPECIFIC USE DESIGNATIONS AND SITE
SPECIFIC WATER QUALITY STANDARDS
Section
303.300
Scope and Applicability
303.301
Organization
303.311
Ohio River Temperature
303.312
Waters Receiving Fluorspar Mine Drainage
303.321
Wabash River Temperature
303.322
Unnamed Tributary of the Vermilion River
303.323
Sugar Creek and Its Unnamed Tributary
303.331
Mississippi River North Temperature
303.341
Mississippi River North Central Temperature
303.351
Mississippi River South Central Temperature
303.352
Unnamed Tributary of Wood River Creek
303.353
Schoenberger Creek; Unnamed Tributary of Cahokia Canal
303.361
Mississippi River South Temperature
303.400
Bankline Disposal Along the Illinois Waterway/River
303.430
Unnamed Tributary to Dutch Creek
303.431
Long Point Slough and Its Unnamed Tributary
303.441
Secondary Contact Waters
303.442
Waters Not Designated for Public Water Supply
303.443
Lake Michigan Basin
303.444
Salt Creek, Higgins Creek, West Branch of the DuPage River, Des Plaines River
SUBPART D: THERMAL DISCHARGES
Section
303.500
Scope and Applicability
303.502
Lake Sangchris Thermal Discharges
APPENDIX A References to Previous Rules
APPENDIX B Sources of Codified Sections
AUTHORITY: Implementing Section 13 and authorized by Sections 11(b) and 27 of the
Environmental Protection Act [415 ILCS 5/13, 11(b), and 27].
SOURCE: Filed with the Secretary of State January 1, 1978; amended at 2 Ill. Reg. 27, p. 221,
effective July 5, 1978; amended at 3 Ill. Reg. 20, p. 95, effective May 17, 1979; amended at 5 Ill.
Reg. 11592, effective October 19, 1981; codified at 6 Ill. Reg. 7818; amended at 6 Ill. Reg. 11161
effective September 7, 1982; amended at 7 Ill. Reg. 8111, effective June 23, 1983; amended in
R87-27 at 12 Ill. Reg. 9917, effective May 27, 1988; amended in R87-2 at 13 Ill. Reg. 15649,
effective September 22, 1989; amended in R87-36 at 14 Ill. Reg. 9460, effective May 31, 1990;
amended in R86-14 at 14 Ill. Reg. 20724, effective December 18, 1990; amended in R89-14(C) at
16 Ill. Reg. 14684, effective September 10, 1992; amended in R92-17 at 18 Ill. Reg. 2981,
effective February 14, 1994; amended in R91-23 at 18 Ill. Reg. 13457, effective August 19, 1994;
amended in R93-13 at 19 Ill. Reg. 1310, effective January 30, 1995; amended in R95-14 at 20 Ill.
Reg. 3534, effective February 8, 1996; amended in R97-25 at 22 Ill. Reg. 1403, effective
December 24, 1997; amended in __________ at __________ Ill. Reg. __________, effective
__________.
Section 303.205
Outstanding Resource Waters
An Outstanding Resource Water (ORW) is a water body or water body segment that is of
uniquely high biological or recreational quality and shall be designated by the Board pursuant to
35 Ill. Adm. Code 106, Subpart L.
a)
Outstanding Resource Waters (“ORW”) shall be listed in Section 303.206 of this
Part. In addition to all other applicable use designations and water quality
standards contained in this Subtitle, an ORW is subject to the antidegradation
provision of Section 302.105(b).
b)
Stream segments that have a 7Q10 low flow of zero will generally not be
considered a candidate for this designation.
c)
A petition to designate a water or water segment as an ORW must be submitted to
the Illinois Pollution Control Board pursuant to the procedural rules found in 35 Ill. Adm.
Code 106, Subpart L.
Section 303.206 List of Outstanding Resource Waters (Reserved)