TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE C: WATER POLLUTION
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 395
PROCEDURES AND CRITERIA FOR CERTIFICATION
OF APPLICATIONS FOR FEDERAL PERMITS OR LICENSES
FOR DISCHARGES INTO WATERS OF THE STATE
SUBPART A: INTRODUCTION
Section
395.101 Purpose
395.102 Definitions
SUBPART B: PROCEDURES FOR CERTIFYING DREDGE AND FILL ACTIVITIES
REQUIRING A CORPS OF ENGINEERS PERMIT
Section
395.201 Application
395.202 Public Notice of Application
395.203 Testing and Information
395.204 Material Testing Exemptions
395.205 Material Testing
395.206 Public Hearing
395.207 Agency Determination
395.208 Notification
SUBPART C: PROCEDURES FOR CERTIFYING OTHER ACTIVITIES REQUIRING FEDERAL LICENSES OR PERMITS
Section
395.301 Application
395.302 Public Notice of Application
395.303 Information
395.304 Public Hearing
395.305 Agency Determination
395.306 Notification
SUBPART D: AGENCY DECISION MAKING
Section
395.401 Criteria for Certification, Waiver of Certification or Denial of
Certification
395.402 Certification and Permits
AUTHORITY: Implementing Section 4(m) of the Environmental Protection Act
(Ill. Rev. Stat. 1979, ch. 111 1/2, par. 1004(m)), and Section 401 of the
Clean Water Act (33 U.S.C. 1341), and authorized by Rule 971 of Chapter
3: Water Pollution, of the Pollution Control Board's Rules and
Regulations.
SOURCE: Procedure for Certification of Applications for Federal Permits
for Discharges into the Waters of the State, amended March 21, 1974; Rules
repealed, new rules adopted at 5 Ill. Reg. 7892, effective July 17, 1981.
SUBPART A: INTRODUCTION
Section 395.101 Purpose
These rules state the procedures and criteria which the Agency will use in
certifying, under Section 401 of the Clean Water Act, that activities
requiring federal permits of licenses will comply with Sections 301, 302,
303, 306 and 307 of the Clean Water Act.
Section 395.102 Definitions
Definitions for words not included below may be found in Chapter 3: Water
Pollution, of the Illinois Pollution Control Board's Rules and Regulations.
a) Receiving Water: Waters of the State of Illinois to which
wastewater will be discharged.
b) Particle Size Analysis: Test for the physical separation of sand
and gravel (diameters greater than 62 microns) from silt and clay
(diameters less than 62 microns).
c) Resuspension Test: Chemical analysis of the constituents of the
wastewater from the dredge or fill process; may be either an
elutriate or supernatant test.
d) Elutriate Test: Resuspension test for mechanically moved dredge
or fill material.
e) Supernatant Test: Resuspension test for hydraulically moved
dredge or fill material.
SUBPART B: PROCEDURES FOR CERTIFYING DREDGE AND FILL ACTIVITIES REQUIRING A CORPS OF ENGINEERS PERMIT
Section 395.201 Application
Application for certification for dredge and fill activities shall be made
on the joint application form available from the Agency, the U.S. Army
Corps of Engineers (Corps), the Illinois Department of Transportation and
the Illinois Department of Conservation. This form is entitled "Protecting
Illinois Waters."
Section 395.202 Public Notice of Application
a) When the Agency issues public notice jointly with the federal
licensing or permitting authority, such notice shall state that
application for certification under Section 401 of the Clean Water
Act has been made to the Agency. The notice shall state to whom
written comments may be submitted.
b) The Agency shall issue a separate notice in the absence of an
agreement to issue notice jointly, or when the Agency determines
that the joint notice will not sufficiently apprise interested
persons of the application for certification. In determining the
form of this notice, the Agency will consider the nature and
extent of the discharge and the interests of those who may be
affected. Such notice shall include at least the following
information:
1) Name and business address of the applicant;
2) Location of the discharge;
3) Name of the receiving water;
4) Nature of the facility;
5) Nature of the discharge;
6) Type of federal license or permit for which certification is
requested; and
7) Name, address and telephone number of the person within the
Agency to whom comments or inquiries may be directed, and
where the permit application may be examined.
Section 395.203 Testing and Information
Tests and information on dredge and fill discharges are required to
determine the significant physical and chemical characteristics of the
material to be excavated in order to evaluate if the potential exists for
water pollution as a result of the discharge. Information on the material
being excavated, the disposal site, and the receiving water beyond the
dispersion (mixing) zone is required.
Section 395.204 Material Testing Exemptions
Dredge and fill material will be considered nonpolluted and, therefore,
exempt from testing if all of the following conditions exist:
a) The material is composed predominantly of sand, gravel or other
naturally occurring sedimentary material with particle sizes
larger than silt, as defined in Section 395.205 (a) (1).
b) The characteristics of the material at the disposal site are
similar to the excavated material.
c) The excavation site is removed from known sources of pollution,
toxic contamination and incidence of spills.
d) The discharge does not occur in waters of Lake Michigan or any
waters determined to be nondegradation waters.
e) The discharge does not interfere with or threaten municipal or
other public and food processing water supply sources.
f) The discharge is adjacent to the disposal site and the quality of
the discharge is similar to natural background conditions.
Section 395.205 Material Testing
a) Materials not exempt under Section 395.204 will be subject to the
following testing procedures. Details for these procedures are
found in the joint application form.
1) Particle size analysis (or sand/fine split) using a No. 230
U.S. sieve. For material resulting in 20 percent or greater
passage of the sieve, resuspension testing is required.
2) For hydraulically moved material, or mechanically moved
material which is placed in the waterway, a supernatant test
for nonsettleable material is required. Analysis will be
made for total suspended solids (TSS), total volatile solids
(TVS), ammonia-nitrogen as N, lead (total), and zinc (total)
for both the supernatant and receiving water.
3) For mechanically moved material which is placed outside of
the waterway, testing of the filtered elutriate is required.
Analysis will be made for ammonia-nitrogen as N, lead
(total), and zinc (total) for both the elutriate and
receiving water.
b) Analysis for additional parameters and detailed testing for
suspended particulates may be necessary to determine pollutional
characteristics of the material with time, and the effectiveness
of proposed facilities for treatment and settling. Information
concerning disposal practices and procedures, and the engineering
plans and specifications of the disposal site will be required to
supply data on volume, retention time estimates, site location,
berm grading, slope stabilization, and discharge structures.
c) Previous tests on materials at or near the activity site may be
submitted as supplemental information. This will not be done in
lieu of or as an exemption from the testing requirements listed
above.
Section 395.206 Public Hearing
a) The Agency may hold a public hearing concerning the application
for certification in the county where the discharge originates or
at some other convenient location. The purpose of the hearing
shall be to enable all interested persons to provide information
to the Agency for its decision on the application.
b) In determining whether to hold a public hearing, the Agency will
consider:
1) Evidence of interest as demonstrated by comments and requests
for hearing received from members of the public;
2) Evidence that a cause and effect relationship exists between
the proposed activities and the concerns of the public;
3) Expectation that a public hearing will provide information
useful to the Agency for making its determination on the
request for certification.
c) Notice of any hearing shall be given to the applicant. At least
30 days before holding a hearing pursuant to these rules, notice
shall be published in at least one newspaper of general
circulation in the county where the discharge originates or will
originate.
d) The notice of hearing shall include at least the following:
1) The information in Section 395.202(b);
2) The time and location of the hearing;
3) The purpose of the hearing;
4) A concise statement of the issues to be considered at the
hearing; and
5) A brief description of the procedures to be followed at the
hearing.
e) The Agency may hold a public hearing covering more than one
application for certification at the same time, or may participate
in a joint public hearing with the federal licensing or permitting
authority.
Section 395.207 Agency Determination
The Agency will evaluate all available information and make determinations
on certification by applying the criteria in subsection 395.401(a).
Section 395.208 Notification
Notification of issuance, waiver or denial of certification shall be given
to:
a) The applicant;
b) The Regional Administrator, USEPA;
c) The federal licensing or permitting authority; and
d) Any other state whose waters are or may be affected by the
discharge, as determined by the Regional Administrator pursuant to
Section 401 (a)(2) of the Clean Water Act.
SUBPART C: PROCEDURES FOR CERTIFYING OTHER ACTIVITIES REQUIRING FEDERAL LICENSES OR PERMITS
Section 395.301 Application
The applicant shall provide one copy of the application form used by the
federal licensing or permitting authority with pertinent drawings, plans
and specifications.
Section 395.302 Public Notice of Application
See Section 395.202
Section 395.303 Information
The applicant shall submit to the Agency such evidence as the Agency may
require that the discharge complies or will comply with the criteria in
subsection 395.401(a) of these rules.
Section 395.304 Public Hearing
See Section 395.206
Section 395.305 Agency Determination
See Section 395.207
Section 395.306 Notification
See Section 395.208
SUBPART D: AGENCY DECISION MAKING
Section 395.401 Criteria for Certification, Waiver of Certification or
Denial of Certification
In making its determination, the Agency shall consider all information
provided under Sections 395.203, 395.205, 395.301 and 395.303 of these
rules.
a) Certification or waiver of certification by the Agency shall be
based on its determination that the intended activities of the
applicant shall not cause:
1) Violations of the water quality standards of Chapter 3 of the
Board's rules;
2) Violation of other applicable regulations of the Board;
3) Noncompliance with Sections 301, 302, 303, 306, and 307 of
the Clean Water Act;
4) Interference with existing water uses, particularly public
recreation on affected waters and public and food processing
water supply sources.
b) The Agency may place conditions on its certification or waiver of
certification of activities under these rules. Such conditions
shall relate to the characteristics of the specific site and the
nature of the intended activities. The federal licensing or
permitting authority is required to include such conditions in its
license or permit.
c) When the Agency determines that the intended activities cannot be
performed without violation of the criteria in subsection (a) of
this section, it shall deny certification.
Section 395.402 Certification and Permits
a) When the Agency determines that the intended activities will meet
the criteria in Section 395.401(a) and will not require a separate
permit under Board rules, it may certify or waive certification of
the activity.
b) When the Agency determines that the intended activities require a
separate permit under Rule 951 of Chapter 3 or under other Board
rules:
1) Certification may be postponed until the permit(s) has (have)
been issued; or
2) Certification may be conditioned on the issuance of the
permit(s).
(Source: Filed July 17, 1981; effective July 17, 1981)