TITLE 35: ENVIRONMENTAL PROTECTION

TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE D: MINE RELATED WATER POLLUTION
1. CHAPTER I: POLLUTION CONTROL BOARD
  1. PART 401
  2. GENERAL PROVISIONS

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE D: MINE RELATED WATER POLLUTION

CHAPTER I: POLLUTION CONTROL BOARD

PART 401

GENERAL PROVISIONS

Section

Compliance with Other Laws Required

401.105

Validity Not Affected

401.106 Repealer

Appendix A

References to Previous Rules

Authority Note: 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 Note: 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 401.101 Authority

Pursuant to authority granted by Section 12 and 13 of the Environmental Protection Act

(Act), which empower the Board to designate equipment or facilities capable of causing

or contributing to water pollution; to set standards for the issuance of permits for the

construction, installation and operation and for the inspection of said equipment or

facility; to prohibit the sale, offer or use of articles for reasons of water pollution control;

to set standards limiting the amounts or concentrations of contaminants that may be

discharged into the waters of the State; to set standards for the filling or sealing of

abandoned holes in order to protect groundwater; and to adopt requirements, standards

and procedures to enable the state to implement and participate in the NPDES program

established by the Federal Water Pollution Control Act of 1972 (FWPCA), as amended,

(33 U.S.C. 1251 et seq.), the Board adopts the following rules and regulations.

Section 401.102 Policy

A policy of the General Assembly in adopting the Act is to restore, maintain and enhance

the purity of the water of Illinois in order to protect health, welfare, property and the

quality of life. It is determined that mining activities including the preparation, operation

and abandonment of mines, mine refuse areas and mine related facilities without

environmental planning and safeguards and the use of certain refuse materials can cause,

threaten or allow the discharge of contaminants into the waters of Illinois so as to cause

or threaten to cause a nuisance or to render such waters harmful or detrimental to public

health, safety or welfare or to domestic, commercial, industrial, agricultural, recreational

or other legitimate uses including use by livestock, wild animals, birds, fish or other

aquatic life and riparian vegetation.

Section 401.103 Purpose

The purpose of this Subtitle D is to prevent pollution of waters of Illinois caused by

failure to plan proper environmental safeguards for the location, preparation, operation

and abandonment of mining activities, mining and mine refuse operations. A permit

system is established to control the multitude of contaminating point and non-point

source discharges, visible and hidden, continuous and fluctuating, which are potentially

present in mining activities, mining and mine refuse operations. In order to ensure that

such activities meet environmental standards water quality and effluent standards are

established to limit discharges from point sources as well as to protect waters for

beneficial uses. In addition, procedural safeguards are established to ensure the

protection of waters. Furthermore, it is the purpose of this Subtitle D to meet the

requirements of Section 402 of the FWPCA.

Section 401.104 Compliance with Other Laws Required

Nothing in this regulation is intended to be inconsistent with or impair the obligation to

comply with the provisions of an Act entitled, "The Surface Coal Mining Land

Conservation and Reclamation Act" of Illinois or with any other state or federal law

affecting the duties of an operator.

Section 401.105 Validity Not Affected

If any provision of this Subtitle D, Chapter I is adjudged invalid or if the application to

any person or in any circumstances is adjudged invalid, such invalidity shall not affect

the validity of this Subtitle D, Chapter I as a whole or of any part, subpart, sentence or

clause thereof not adjudged invalid.

Section 401.106 Repealer

Chapter 4: Mine Related Pollution, effective May 23, 1972 and all amendments thereto

heretofore adopted are hereby superseded.

Section 401.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 I,

General Provisions

35 Ill. Admin. Code Part 401

(filed August 10, 1981, effective August 10, 1981)