SUBPART A: INTRODUCTION

Section

395.101 Purpose

395.102 Definitions

SUBPART B: PROCEDURES FOR CERTIFYING DREDGE AND FILL

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

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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repealed, new rules adopted at 5 Ill.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.

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

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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.

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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.

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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

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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

 

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

See Section 395.207

Section 395.306 Notification

See Section 395.208

SUBPART D: AGENCY DECISION MAKING

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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)