ILLINOIS POLLUTION CONTROL BOARD
    July 24,
    1980
    IN THE MATTER OF:
    )
    PROPOSED AMENDMENTS TO CHAPTER 4
    )
    R76-20
    OF THE REGULATIONS OF THE ILLINOIS
    )
    R77-l0
    POLLUTION CONTROL BOARD
    )
    ADOPTED RULE,
    FINAL ORDER OF THE BOARD
    (by
    I).
    Satchell):
    On May 15,
    1980 the Board initiated the second notice period
    with an Order which modified the version of Chapter
    4:
    Mine Re-
    lated Pollution which appeared in Illinois Register on January 11,
    1980.
    On June
    17, 1980 the Joint Committee on Administrative Rules
    indicated that there would be no objection.
    In response to Joint
    Committee staff comments the Board will modify Rules
    106, 201,
    301,
    400,
    509 and 704.
    Rule 703 has been modified to insert Rule 703(c)
    which appeared in Illinois Register but which was inadvertently
    left out of the May 15 Order.
    These rules
    are set forth below
    with additions and deletions from the May
    15 Order indicated by
    underlining and striking.
    In addition, references to Illinois
    Revised Statutes will be changed to reflect the 1979 edition.
    These minor modifications will not be set out in this Order.
    106
    Repealer
    Chapter
    4:
    Mine Related Pollution, effective May 23,
    1972 and
    all amendments thereto heretofore adopted are
    hereby ~
    ~
    ~
    S
    ~
    ~
    a~d-the-va4~y-e~
    -eI~ap4~ef-I~e~
    superseded.
    201
    Affected Land:
    Any
    land owned or controlled or otherwise
    used by the operator in connection with mining activities
    except the surface area above underground mine workings
    that is not otherwise used for mining activities.
    The
    term does not ge~e~a~y
    include offsite office buildings
    and farming operations or recreational activities on
    undisturbed land.
    Land described in a certificate of
    abandonment issued by the Agency under Rule 510(e)
    is
    no longer part of the affected land.
    301
    Incorporation of NPDES Water Rules
    ~
    The Rules
    contained in Subpart A, Part IX, Chapter
    3:
    Water Pollu-
    tion shall apply to NPDES Permits required under this
    —2—
    Chapter 4, except for Rule 910(n), Authorization
    to Construct; provided, however, that in the event con-ET?1 w?131 652 m?528 652 l?S?BT?
    flict arises between Chapter
    4 and Subpart A, Part IX,
    Chapter
    3, the requirements of Chapter
    4 shall apply
    to mine related facilities.
    400
    Preamble
    Part IV governs mining activities, including construction
    of mine related facilities,
    and establishes rules for the
    issuance of state permits.
    ~
    ~
    ~
    aev±e97
    509
    Abandonment Plan
    (a)
    A state or NPDES Permit shall include an abandonment
    plan as
    a condition.
    (b)
    An abandonment plan shall be incorporated into the
    permit by reference if it
    (1)
    Includes
    a time schedule establishing that the
    abandonment plan will be executed and completed
    within one year of abandonment unless otherwise
    approved by the Agency; and
    (2)
    Meets the standard of Rule 502.
    (3)
    If it does not meet
    that
    the standard of Rule
    502
    the Agency may either deny the permit or
    issue
    it with an abandonment plan modified by
    conditions subject to Rule 501.
    (4)
    The time limit provided by Rule 509(b) (1)
    is
    inapplicable to abandonment plans for surface
    coal mines which are approved
    as reclamation
    plans under the Surface Coal Mining Land Con-ET?1 w?203 215 m?529 215 l?S?BT?
    servation and Reclamation Act.
    (c)
    Any
    abandonment plan constituting a substantial
    change from the permitted abandonment plan is a
    revised abandonment plan.
    (d)
    A permittee shall apply for a new or revised or sup-
    plemental NPDES or state permit prior to implementa-
    tion of a revised abandonment plan within the time
    limits provided by Rule 304(c).
    —3—
    703
    Expiration of Oustanding Permits
    Compliance with the provisions of this Chapter is re-
    quired on the effective date except that immediate com-
    pliance with the permit requirement of Rule 401 is not
    required of holders of outstanding permits for mines
    opened prior to the effective date of this Chapter.
    For such facilities,
    compliance with Rule 401 is required
    upon expiration of the 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
    Rule 302 or 401; or
    -Ee3-(d)
    The lapse of an application period fixed pursuant
    to Rule 702(c)
    if an application is not received
    by the date given in the notification.
    704
    Abandonment Plan
    for Existing Permits
    ~
    The requirement of a permit to
    abandon contained in Rule 502 of the old Chapter
    4, ef-
    fective May 23,
    1972 shall continue to apply to operators
    of mines opened prior to the effective date of this Chap-
    ter
    4 until such time as such operator shall have been
    issued under this Chapter
    4 a valid permit containing an
    abandonment plan.
    The Board hereby adopts the proposed rules which appeared in
    the May 15, 1980 Order initiating the second notice period
    as
    modified by this Order.
    The Clerk of the Board is directed to
    file the rules
    as modified with the Secretary of State.
    IT IS SO ORDERED.
    I, Christan
    L. Moffett, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Final Order was~adopted on the
    ____
    day of
    ______________,
    1980 by
    a vote of
    ~O
    Christan
    L. Moff~~,/Clerk
    Illinois Pollution Control Board

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