ILLINOIS POLLUTION CONTROL BOARD

July 26,

In the matter of:

PROPOSED

AMENDMENTS TO TITLE 35,

)

R83-~6

SUBTITLE D:

MINE

RELATED POLLUTION,

)

Docket B

CHAPTER

I,

PARTS 405 AND 406

)

PROPOSED

RULES

SECOND NOTICE

ORDER OF THE BOARD

(by D. Anderson):

On May 5, 1983 the Board proposed to extend to July

1,

1984 the expiration date for 35 IlL

AdTn. Code 406~201, a

temporary rule allowing exemption from certain water quality

standards for coal mine discharges.

The proposal appeared

at 7 Iii. Reg.

6693.

Public hearings were held on May

12

and May 27,

1983, at which time representatives of the

Illinois Environmental Protection Agency and Illinois Coal

Association expressed support for the proposed

extension~

The

Department of Energy and Natural Resources made a

negative declaration

in

lieu of an economic impact study

on

the proposed extension,

On June

30,

1983 the Board adopted the

extension of the

expiration

date

as

an emergency rule, which can only remain

effective for 150 days.

This appeared at

7

Ill.

Reg.

8386,

July 15,

1983w

On July

11,

1983 the public comment period on the May

5

proposal lapsed.

The Board received a written comment from

the Administrative Code Unit.

The Board will modify the

proposal in response to this comment.

The Board directs

that a second notice be prepared and transmitted to the

Joint Committee on Administrative Rules,

The text of the

proposal is modified to read as follows:

SUBPART B:

SITE SPECIFIC EFFLUENT

AND

WATER

QUALITY

STANDARDS;

TEMPORARY

RULES

Section

406.201

Temporary Exemption from Section 406.105

a)

The Agency may by

permit provide that a mine

discharge shall

be exempt from the requirement of

Section

406.105 as it applies to the discharge

of

total dissolved solids, chloride, sulfate, iran

53-188

---

*

2-~

b)

A permittee may apply for such exemption as part

of a new or renewed or supplemental state or NPDES

permit.

c)

The Agency shall permit such exemption if all of

the

following conditions are met:

1)

The Agency does not demonstrate significant

adverse effect on the environment in

and

around the receiving water;

2)

The permittee submits to the Agency

adequate

proof that the discharge

will not adversely

affect any public water supply;

and

3)

The permittee submits to the Agency proof

that

it

is utilizing good mining

practices

designed to minimize discharge of the

parameters

to

be exempted.

d)

The Agency may

promulgate

under 35 Ill. Adm, Code

~eet~o~ 405,101(c)

a code of

gooningj~c~

tices.

Compliance

with

the code of good mining

practices

shall

be prima fade evidence that the

permittee is utilizing good mining practices

within the meaning of subparagraph

(c) (3).

(e)

Whenever the

Agency issues a permit

exempting

a

permittee from Section 406.105,

it shall include

in the

permit such conditions as may be necessary

to ensure that the perinittee utilizes good

mining

practices designed to minimize discharge

of the

parameters exempted.

f)

After

~y--~98~

Jj

1,1984, the exemption

provided

in this Section T~6.20i

shall terminate.

(Source:

Amended at

7 Iii. ~

________

effective

_______

_-ThS

-~

_

IT IS SO ORDERED,

I, Christan L,

Noffett, Clerk of the Illinois Pollution

Control Board

hereby

certify that the above Order was

adopted

on the ~

of

1983 by a vote of

53486