ILLI~0IS

POLLUTION

CONTROL

BOARD

May

15,

1980

THE

MATTER

OF~

PROPOSED

AMENDNENTS

CH.~’~PTER

)

R76-20

THE

REGULATIONS

THE

ILLINOIS

)

P77—10

POLLUTION

CONTROL

 BOARD.

ORDER

THE

BOARD

(by

Dr.

Satchell)

The Board hereby adopts the revised Chanter

4:

 Mine Related

Pollution which

 ao~ears

below.

 A Prooosed Order was adopted by

the Board on December 13,

 1979.

 Di~ferencesbetween the Proposed

Order and this Final Order are shown by strikinq or underlining

the words which have been deleted or added.

 This Order may be

subject to modification or withdrawal

 in the event of comment or

objection

by

the Joint Committee on ~dministrative

 Rules.

CHAPTER

4:

 MINE RELATED POLLUTION

TABLE OF CONTENTS

PART

I:

 GENERAL

PROVISIONS

 Page

101

 Authority

102

 Policy

103

 Purpose

104

 Compliance with Other Laws Required

2

105

 Validity Not Affected

2

106

 Repealer

2

PART II:

 DEFINITIONS

200

 Terms Defined Elsewhere

3

201

 Definitions

3

P1\RT

III:

 NPDES

PER7’41T5

300

 Preamble

8

301

Incornoration

NPDES

Nater

Rules

302

NPDES

Permits

Required

Certain

Dischargers

9

303

 Application

9

304

 Construction Authorization

9

—ii--

PART

IV:

STATE

PERMITS

400

 Preamble

10

401

 Construction and Operating Permits:

 State Permits

10

402

 Exemption from State Permit:

 NPDES Holder

11

403

 Exemption from State Permit:

 Coal Piles and ~ina1l

Mines

11

404

 Applications: Deadline to Apply

12

405

 Permit Applications:

 Signatures and Authorizations

Required

12

406

 Permit Applications:

 Registered or Certified Mail

or Hand Delivery Required

12

407

 Supolemental State Permits

13

408

 Violations

 of Conditions and Standards

 in a Permit

13

409

 State Permit Term

14

410

 Permit

No

Defense to Certain Violations

14

411

 Permit Review

14

PART

V:

 STATE AND NPDES PERMITS

500

 Preamble

14

501

 Snecial Conditions; Agency Guidance Document

14

502

 Standard for Permit Issuance or Certification

15

503

 Permit Modification Hhen New Regulations Are

Adopted

16

504

 Permit Applications

16

505

 Eurface Drainage Control

18

506

 Refuse Disposal

19

507

 Experimental Permits for Refuse Disposal

20

508

 Permit for Use of Acid Producincr Mine Refuse

21

509

 Abandonment Plan

21

510

 Cessation,

 Suspension or Abandonment

22

511

 Emergency Procedures

 to Control Pollution

23

512

 Mine Entrances

23

513

 Permit Area

24

PART VI:

 EFFLUENT AND

WATER

 OU1\T1ITY STANDARDS

600

 Preamble

24

601

 Averaging

24

602

 Sampling, Reporting and Monitorinq

25

603

 Background Concentrations

26

604

 Dilution

26

605

 Violation of T~JaterQuality Standards

27

—iii

—

605.1

 Temporary Exemption from Rule 605

27

606

 Effluent Standards

28

607

 Offensive Discharges

29

608

 Non-point Source Mine Discharges

30

PART VII:

 COMPLIANCE

AND

 EFFECTIVE DATES

701

 Effective Date

30

702

 Applications from Holders of Outstanding Permits

703

 Expiration

 of Outstanding Permits

30

704

 Abandonment Plan for Existing Permits

31

PART

GENERAL

PROVISIONS

101

 Authority

Pursuant to authority granted by Sections

 12 and

13 of the Environmental Protection Act

 (Act),

which empower the Board to designate equipment o~

 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 concentra-

tions 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

~J,

 the Board adopts the following rules and

regulations.

102

 Policy

A policy of the General Assembly in adopting the

Act is to restore, maintain and enhance the

purity of the waters of Illinois in order to pro-

tect health, welfare, property and the quality of

life.

 It is determined that mining activities

including the preparation, operation and abandon-

ment 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,

 aqricultural, recreational or other

legitimate uses including use

 livestock, wild

animals, birds,

 fish or other aquatic

 life and

riparian vegetation.

—2-

103

 Purpose

The purpose

 of this Chapter is to prevent pollu-

tion of waters of Illinois caused by failure to

plan proper environmental safeguards for the loca-

tion, preparation,

 operation and abandonment of

mining activities, mining and mine refuse operations.

A permit system is established to

 ~e-tha~-~e~

~

 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 environ-ET?1 w?159 511 m?542 511 l?S?BT?

mental standards W~er water quality and effluent

standards are established to limit discharges from

point sources

 as well

as

 to protect waters for bene-

ficial uses.

 In addition, procedural safeguards are

 established to ensure the protection of waters.

Furthermore,

 it is the purpose of this Chapter to

meet the requirements of Section 402 of the FWPCA.

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 Re-

clamation Act” of Illinois or with any other state

or federal law affecting the duties of an operator.

105

 Validity Not Affected

If any provisions

 of this Chapter is adjudged invalid

or if the application to any person or in any circum-

stances

 is adjudged invalid, such invalidity shall

not affect the validity of this Chapter as

 a whole

or of any part, subpart, sentence or clause thereof

not adjudged invalid.

106

Repealer

Chapter

4:

 Mine Related Pollution, effective

May 23,

 1972 and all amendments thereto heretofore

adopted are hereby repealed.

 If, however, this

entire Chapter is adjudged invalid or if its enforce-

ment is stayed by order of any court of competent

—3—

jurisdiction,

this

repealer

shall

 be of no

lorce

 or effect until such time

such

judgment

or

tdy

 is vaca t;ed

 rind

 the validity of this

I!)

r

U~)!

Id.

PART

II:

 DEFINITIOh3

200

 Terms Defined Elsewhere

Unless otherwise stated or unless

 the context

clearly indicates a different meaning,

 the defini-

tion of terms used in this Chapter are the same

as

those found in the Illinois Environmental Protec-

tion Act

 (Act),

 (Ill.

 Rev.

 Stat.

ch.

111

½,

Sec-

tion 1001 et

 1977,

 the Water Pollution Regula-

tions of the Illinois Pollution Control Board

 (Chap-

ter

3)

 and the Federal Water Pollution Control Act

of 1972

 (FNPCA)

 (33 U.S.C.

 1251 et ~

1972

as

amended).

 The following definitions which apply to

this Chapter can be found in the Act,

 Chapter

 3 or

the

1~WPCA:

 Administrator,

 Agency,

 Board, Contami—

ujttf,

H fluent;,

 Federal.. Water Pollution Control Act

ftdPcAy~Nation~iT1~rurnnLDischarge Elimination

System (NPDES), Per~~ Point Source Discharq~,

Pollutant,

 Refuse,

 Storet,

 Treatment Works, Under-ET?1 w?478 357 m?520 357 l?S?BT?

ground Waters, Wastewater, Wastewater Source, Water

Pollution and Waters.

201

 Definitions

For purposes of this Chapter the following terms are

defined:

201.010

 Abandon:

 To transfer ownership of or to close down

mining activities,

 a mine or mine refuse area with

no intention by that operator to reopen the affected

land.

 A mine or mine refuse area which has been in-

operative

 for one year shall be rebuttably presumed

to be abandoned.

201.020

 Acid-producing Material:

 Material which when exposed

to air and water

 is capable

 of causing drainage con-

taining sulfuric acid.

 In determining whether material

is acid-producing,

 consideration shall be given

 to the

sulfur content of the material,

 the size and spatial

distribution of pyritic compounds and other compounds

of sulfur,

 the neutralizing effect of surrounding in-

termixed materials and the quality of drainage produced

by mining on sites with similar soils.

201.030

 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

mi ninq

act;ivities.

The

term

does

not

generally include offsite office buildings and

farming operations

 or recreational activities on

undisturbed land.

~

~

A~ei~eyLand described in a certificate of abandon-ET?1 w?203 570 m?512 570 l?S?BT?

ment issued by the Agency under Rule 510(e)

 is no

longer part of the affected land.

201.040

 Aquifer:

 A zone,

 stratum or group of strata which

can store and transmit water

 in sufficient quantities

for a specific use.

201.050

 Coal Transfer Facility or Coal Storage Yard:

Any

area where coal

 is transferred from one mode of

transportationto another or where coal is dumped,

piled,

 stored or blended.

 The term includes but

is not limited

 to coal docks, blending yards, con-

veyor belts and

 p.1 pelines.

 As used

in

 this Chapter,

the

 terms mining activity and mine related facility

shall include coal transfer facilities and coal

storage yards.

201.060

 Construction Authorization:

 Authorization under

Rule 403 to prepare t~-earry-~tland for mining

activities or to construct mine related facilities.

Construction authorization

 is issued to a person

who holds or is required to have

 an NPDES permit.

201.070

 Construction Permit:

 A state permit issued under

Rule 401 which allows the operator to prepare t~

ea~y--et,~land for mining activities or to con-

struct mine related facilities.

201.080

 Domestic Retail Sales Yard:

 A business which

stockpiles co~1or other minerals solely for the

purpose of supplying homeowners,

 small businesses,

small industries or other institutions with the

mineral for their individual consumption.

The

term does not include any sales yard located at a

mine ~

201.090

 Drainage Course:

 Any natural or man—made channel

or ditch which serves

 the purpose of directing the

flow of water into a natural waterway.

—5—

201.100

 Facility:

 A contiguous area of

 land,

 including all

structures

 above or below the ground,

 which is owned

or controlled by one person7 as-de~e~—by-R~e—299.

201.110

 Mine

Area or Mined Area:

 The surface and subsurface

land where mining has occurred or

 is occurring.

The

term does not include the unmined surface land direct-

ly above underground mine workings ~

 which

 is not

otherwise disturbed by mining activities.

201.120

 Mine Discharge:

Any

point

 of-~o~-~e4~

 source dis-

charge, whether natural or man—made,

 from af~ee~e~

~

7-eea~—sei~ae—ya—e~—m~e

drge--ea~mei~

 a mine related facility.

 Such dis-

charges include7 but are not limited

 to ~~ef?-~e~

~a~7

 mechanical pumpages, pit overflows,

 spillways,

drainage ditches,

 seepage from mine or mine refuse

areas, effluent from processing,

 and milling or miner-

al preparation plant

~

Other discharges

 eN-~ae~e~-ef-aev4es-whie~

~

 includ-ET?1 w?477 401 m?525 401 l?S?BT?

ing but not limited to sanitary sewers and sew~g~

treatment works are not mine discharges.

 Sa~4tary

The term mine discharge includes surface runoff dis-ET?1 w?142 352 m?519 352 l?S?BT?

charged from

 a sedimentation pond but does not include

non-point source mine discharges.

201.130

 Mine Refuse:

 Gob,

 coal,

 rock,

 slate,

 shale, mill tail-

ings, boney,

 clay, pyrites and otner unmerchantable

solid or slurry material intended to be discarded which

is connected with the cleaning and preparation of mined

materials at

 a preparation plant or washery.

 It in-

cludes sludge or other precipitated matter produced by

the

 treatment of acid mine drainage but does not other-

wise generally

 include sediment from alkaline mine

drainage.

The

term

 also includes acid-producing spoil.

201.140

Mine

Refuse

Area:

Any

land

used

for

dumping,

storage

or disposal of mine refuse.

201.150

 ~‘4ineRefuse Pile:

Any

deposit of solid mine refuse

which

 is intended to serve as permanent disposal of

such material.

—6—

201.160

 Mine Related Facility:

 A portion of a facility

which

 is related to mining activities.

 The term

includes,

 hut is not limited to, the following:

(a)

 Affected land;

(b)

 Coal storage yard or transfer facility;

(c)

 Nine;

Cd)

 Mine drainage treatment facility;

(e)

 Mine refuse area;

and

(f)

 Processing or mineral preparation plant.

201.170

 Mining:

 The surface or underground extraction or

processing of natural deposits of coal,

 clay,

fluorspar,

 gravel, lead bearing ores,

 peat,

 sand,

stone,

 zinc bearing ores or other minerals by the

use of any mechanical operation or process.

The

term also includes the recovery or processing of

the minerals from a mine refuse area.

 It does

 not include drilling for oil or natural gas.

201.180

 Mining Activities:

 All activities on a facility

which

 are directly in furtherance

 of mining,

including activities before, during and after min-

ing.

 The term does not include land acquisition,

exploratory drilling, surveying and similar activi-

ties.

 The term includes, but

 is not limited to,

the following:

(a)

 Preparation to--earry—e~ of land for mining

activities;

(b)

 Construction of mine related facilities which

could generate refuse,

 result in a discharge

or have the potential to cause water pollu-

tion;

Cc)

 Ownership or control of

 a mine related facil-

ity;

(d)

 Ownership or control of a coal

 storage yard or

transfer facility;

—7—

(‘)

(~

~I1(’

i on

(Ii

;r)osal

ol

rn

 i no refuse

Mining;

(g)

Opening

mine;

(h)

 Production of a mine discharge or non—point

source mine discharge

(i)

 Surface drainage control; and

(j)

 Use of acid—producing mine refuse.

201.190

 Non-point Source Mine Discharge:

 Surface runoff

from the affected land.

 The term does not include

surface runoff which

 is discharged from a sedimenta-ET?1 w?159 472 m?535 472 l?S?BT?

tion pond or seepage from a mine or mine refuse area.

N)I .20()

(~ninq~a

 Mine:

 Any construction activity related

t;o

 ureparat~on for

mining

on

a

ac

 1 1 ity

201.210

 Operating Permit:

 A state permit required of a

person carrying out mining activities.

201.220

 Operator:

 A person who carries out mining activi-

ties.

201.230

 Permittee:

 A person who holds a state or NPDES

permit issued under this Chapter

4.

 In some con-

texts

 the term permittee also includes

 a permit

applicant.

201.240

 Person:

 Any individual,

 partnership,

 co-partnership,

firm,

 company, corporation,

 association,

 joint stock

company, trust,

 estate, political subdivision,

 state

agency,

 or any other legal entity,

 or their legal

representative,

 agent or assigns.

201.250

 Processing

 or mineral preparation plant:

 A facility

used for the sizing or separation

 from the ore or raw

mineral of coal,

 clay,

 fluorspar,

 gravel, lead bearing

ores,

 peat,

 sand,

 stone,

 zinc bearing ores or other

materials.

201.260

 Slurry:

 Mine refuse separated from the mineral

 in the

cleaning process consisting of readily pumpable fines

and clays and other materials in the preparation plant

effluent.

 This term includes mill tailings.

8—

201.270

 Spoil:

 The accumulation of excavated overburden

or other earth, dirt or rock overlying the mineral

seam or other deposit excavated from its original

location by surface or underground mining.

201.280

 State Permit:

 A construction permit or operating

permit issued by the Agency.

 NPDES permits are not

state permits.

201.290

 Surface Drainage Control:

 Control of surface water

on the affected land. by a person who is engaging

in mining activities.

 Control of surface water

includes diversion of surface waters around or away

from the active mining area or mine refuse area and

diversion,

 redirection or impoundment of

 a stream

or impoundment of water for flow augmentation or

controlled release of effluents.

201.300

 Surface Mining:

 Mining conducted in

 an open pit

including area and contour strip mining.

201.310

 Underground Mining:

 Mining conducted below the

surface by means of constructing

 an access facility

to the mineral deposit.

 The term includes slope,

drift,

 shaft mines and auger or punch mining.

~

 ~—-th~&e~gre~nd—

 re~rn~

~

~

201.320

 Use of Acid—producing Mine Refuse:

 Use of acid—

oroducing mine refuse includes any use,

 offer for

sale,

 sale or offer for use

 in roadway projects,

mine roads,

 mine yards or elsewhere.

PART III:

 NPDES PERMITS

300

 Preamble

(a)

 Part III governs mining activities and permit

issuance with respect to holders of an NPDES

permit and persons required to obtain an NPDES

permit for a facility.

(b)

 As provided by Rule

402,

 those facilities which

operate under an NPDES permit need not obtain

a

state permit so long as the Agency administers

the NPDES permit program.

—9—

(c)

 Part IV

is

 inapplicable

 to NPDES permit holders,

as provided by Rule

 402.

301

 Incorporation of NPDES Water Rules

Except to the extent contradicted in Chapter

 4, the

Rules contained

 in subpart A, Part IX, Chapter

3:

Water Pollution shall apply to NPDES permits re-

 quired under this Chapter

4.

302

 NPDES Permits Required of Certain Dischargers

Except as in compliance with the provisions of the

Act,

 Board regulations, the FWPCA and the provi-

sions and conditions of the NPDES permit issued to

the discharger,

 the discharge of any contaminant or

pollutant by any person into the waters of the state

from a point source or into a well shall be unlawful.

303

 Aoplication

(a)

 A person required to obtain an NPDES permit

shall

 file

 an application in accordance with

Rule 504 on forms provided by the Agency or

the United States Environmental Protection

7~gencyas applicable.

(h)

 A person who holds an NPDES permit for a facil-

ity or who submits

 an NPDES permit application

for that facility need not apply for a state

permit unless and until the Agency notifies

that person that a state permit is required for

that facility.

(c)

 Application for a renewed or supplemental

NPDES permit is governed by the rules on

NPDES applications

 in general.

304

 Construction Authorization

(a)

 No person shall prepare ~e—ea~y—eu~

 land for

mining activities or construct a mine related

facility for which

 an NPDES permit is required

unless:

(1)

 The person holds

 an NPDES permit contain-

ing as

 a condition a construction author-

ization for the preparation or construc-

tion:

or

—10—

(2)

 The person holds

 a construction permit

for the preparation or construction issued

pursuant to Rule

 401.

(h)

 No permittee shall cause or allow the construc-ET?1 w?473 614 m?537 614 l?S?BT?

tion of

 a new mine related facility or modifica-

tion of

 a mining activity or mine related facil-

ity for which an NPDES permit is held unless the

NPDES permit includes as

 a condition

 a construc-

tion authorization for such construction or mod—

ification; provided however that construction

authorization is not required for modification

which would not cause a violation of conditions

of the existing permit.

(c)

Any

person required to obtain a construction

authorization shall make application at least

180 days

 in advance of the date on which con-

struction or modification

 is to begin.

(d)

 Any person seeking a construction authoriza-

tion shall furnish information and complete an

application as provided

 in Rule

 504.

 Issuance

of a construction authorization shall be govern-

ed by the rules which govern issuance of an

NPDES permit,

 including Rules

 501 and 502.

PART

IV:

STATE

PERMITS

400

 Preamble

Part IV governs mining activities,

 including con-

struction of mine related facilities,

 and estab-

lishes rules for the issuance of state permits.

Exemptions are provided for holders

 of NPDES permits

and for some other mining activities.

401

 Construction and Operating Permits:

 State Permits

(a)

 Except as provided in Rules

 402 and 403, no

person shall:

(1)

 Prepare ~e—ea~y—e~

 land for mining activ-

ities or construct a mine related facility

which could generate refuse, result in a

discharge or have the potential

 to cause

water pollution without a construction per—

mit; or

—11—

(2)

 Carry out mining activities without

an

operating permit.

(b)

 For administrative convenience the Agency may

issue joint construction and operating permits.

Whether

 a state permit is construction, operat-

ing or joint shall be determined

 from the

language of the entire document.

 The title

given it by the Agency shall not be determi-

native.

402

 Exemption from State Permit:

 NPDES Holder

(a)

 A permittee who holds

 an NPDES permit for a

facility need not have a state permit for

that facility.

(h)

 This exemption shall he inapplicable

 in the

event the Agency ceases to administer the

NPDES permit program.

 In this event the

Agency shall notify permittees

 that state

permits are required and set dates, not less

than forty-five days after notification,

on

which state

 nerinit applications are to be

received.

403

 Exemption from State Permit:

 Coal Piles and Small

Mines

Ca)

 Unless the Agency determines

 that the facility

will cause or threaten to cause water pollution

or violation of applicable regulations,

the

following facilities need not obtain state

permits:

(1)

 Domestic retail sales yards;

(2)

 Consumer stockpiles located at the consum-

ing facility,

 including but not limited to

power plants and steel mills; or

(3)

 Any facility affee~4i~gwhere mining takes

place which affects

 less than ten acres of

land per year and which 5~does not include

a coal,

 fluorsoar,

 lead or zinc mine related

faci1ity~.

—12—

(b)

 An operator of

 a facility claiming exemption

under subsection

 (a) (3)

 of this rule shall

notify the Agency in writing of the location

of the facility and the basis for exemption.

The exemption shall

 te-f~e~be of no effect

prior to the time such notice

 is mailed.

(c)

 In the event the Agency determines that

a

facility will cause

 or threaten to cause water

pollution or violation of applicable regula-

tions

 or that a facility claiming exemption

is not exempt, the Agency shall notify the

operator that a permit

 is required.

 The An

exemntion which is valid except that the Agency

has determined that the facility will cause or

threaten

 to cause water pollution or violation

of applicable regulations shall continue for

forty-five days after notification and during

the pendency of a permit application before

the Agency.

404

 Applications:

 Deadline to Apply

A person required to have a state permit shall

file

ai~

application with the Agency at least

ninety days before the date on which the permit

is

 required.

405

 Permit Applications:

 Signatures and Authorizations

Required

An application submitted by a corporation shall be

signed by a principal executive officer of at least

the level of vice president or his duly authorized

renresentative,

 if such representative

 is responsible

for the overall operation of the facility from which

the discharge described in the application form origi-

nates.

 In the case of a partnership or

 a sole pro-

prietorship,

 the application shall he signed by a

general partner or the proprietor respectively.

For

all other persons, the application shall be signed by

either a nrincipal executive officer, ranking elected

official or other duly authorized employee.

406

 Permit Applications:

 Registered or Certified Mail

or Hand Delivery Required

---13—

407

408

(a)

 All state permit applications

 shall be mailed

or delivered to the appropriate address desig-

nated by the Agency.

Any

application or re-

vised application sent by mail shall be sent

by registered or certified mail,

 return receipt

reauested.

(b)

 Applications which are hand delivered shall

be delivered to and receipted for by any

authorized person employed in the permit

section of the Agency’s Mine Pollution

Control Program.

Supplemental State Permits

(a)

 A permittee may apply for a new or supplemental

state permit whenever circumstances arise such

that there could be a violation of its previous

permit or in other appropriate circumstances.

(h)

 Applications

 for new or supplemental

 state

permits shall be subject

 to the rules on

amolications

 in general.

Violation

 of Conditions and Standards

in

 a Permit

(a)

 No oermittee shall violate the conditions and

standards contained in its state permit.

(b)

 In addition to the other sanctions provided by

the Act and this Chapter

 4, the Board may

revoke

 a state permit7——~-~e—perm~---~ay—be

feveked in appropriate circumstances,

 including

hut not limited to the following:

(1)

 Because of existing geological conditions

an operator cannot carry out mininq activ-

ities

 so as not to cause

 a violation of

the Act or this Chapter

 4; or

(2)

 A history of chronic disregard by the per-

mittee for the-m~~ngthe Act or Board

regulations;

or

(3)

 Obtaining a permit by misrepresentation

or failure to disclose fully all relevant

facts; or

38—322

—14—

(4)

 Other circumstances where

 it is affirma-

tively shown that the general standard

for permit issuance contained

 in Rule 502

would not be met

if

 a new application for

Derm;Lt. were made.

409

State

Permit

rUerm

State permits

 snall have

 a duration not to exceed

five years as specified in the permit.

410

 Permit No Defense to Certain Violations

The possession of a state permit is not a defense

 to violation of the Act or Chapter

 4 except for a

complaint alleging mining activity without a permit.

411

 Permit Review

Any condition or term in

 a state permit or Agency

notification that a permit application is incomplete

or inadequate or Agency notification

 of modification

or revocation of an existing permit is a permit

denial entitling

 a person to appeal the Agency’s

decision

 to the Board under Section

 40 of the Act.

PART V:

 STATE

AND

NPDES PERMITS

500

 Preamble

Part V governs the issuance of both state and NPDES

permits and contains substantive rules governing

mining activities and construction of mine related

facilities.

501

 Special Conditions:

 Agency Guidance Document

(a)

 In addition

 to the standards and conditions

required by this Chapter,

 the Agency may in

granting permits impose such conditions

as

may be necessary to accomplish the purposes of

the Act and which are not inconsistent with

Chapter

4.

 All NPDES permits shall contain

those terms and conditions, including,, but not

limited to7 schedules of dömpliance, which may

he required to accomplish the purposes and

provisions of the Act.

—15—

(b)

 The Agency shall adopt such procedures

 as are

necessary for permit issuance under this

Chapter.

 Such procedures shall be included

in an Agency Guidance Document.

(c)

 The Agency may adopt criteria for the design,

operation, maintenance and abandonment of

~es7—me—refuee—are7—eo—~fer—fee~~—

~

~

ai’td mine related facilities and other wastewater

sources.

 Such criteria as are adopted shall be

set forth in an Agency Guidance Document and

shall be revised from time to time to reflect

current engineering judgment and advances

 in the

state of the art.

Cd)

 In adopting new or revised criteria or proce-

dures,

 the Agency shall comply with the re-

quirements of the Illinois Administrative

Procedure Act,

 Ill.

 Rev.

 Stat.

 1977,

ch.

127

§1001 et

 seq.

Ce)

 To the extent the Agency adopts such criteria,

they will represent a formal Agency interpre-

tation of what is consistent with the Act and

Chapter

 4 and necessary to accomplish the pur-

poses of the Act.

(f)

 In adopting new or revised criteria the Agency

shall consider other applicable

 state and federal

statutes and regulations and shall avoid issuing

criteria which conflict with such.

502

 Standard for Permit Issuance or Certification

(a)

 The Agency shall issue

 or certify a permit if

 and only if the operator submits adequate proof

that the mine related facilities and mining

activities will be constructed,

 prepared and

operated so as not to cause a violation of

the Act or Chapter

4.

(b)

If

 an Agency guidance document is promulgated

and if it contains criteria with regard to any

~a~—er

 condition of a permit, then for purposes

of permit issuance proof of conformity with the

Agency guidance document shall be prima facie

-16—

evidence of no violation.

 However, non-

conformity with

the

Agency guidance document

shall not be grounds for permit denial

if

the condition of subsection

(a)

 of this rule

is met.

Cc)

The

Agency

may

issue

 under Rule 507 an experi-

mental permit,

 subsection

(a)

 of this rule

notwithstanding.

503

 Permit Modification When New Regulations Are Adopted

If the Board adopts new regulations affecting the

terms and conditions of an outstanding permit,

the

Agency may issue to the permittee

 a new or supple-

mental permit setting forth the affected terms and

conditions

 as modified.

504

 Permit Applications

(a)

 Plans,

 reports, specifications

and

application

forms submitted to

the

Agency

part

state

 or NPDES permit application shall be

certified by

 a registered professional engineer

when reguired by the Illinois Professional

Engineering Act,

 Ill.

 Rev.

 Stat,,

 ch 48

 1/2,

1977.

(b)

 An application for a state or NPDES permit

shall include:

(1)

 Location of the affected land and the

maximum extent of the affected land dur-

ing the term of the requested permit;

(2)

 Activities

 on the affected land to prepare

the site for mining activities,

 including

all earth moving, grading activities, con-

struction and any other preparatory activ-

ity;

(3)

 P~ei~sMeasures

 to be taken to avoid viola-

tion of the Act and Chapter

4;

(4)

 The location of all streams,

 creeks,

 bodies

of water and

~

aquifers which receive drainage from the

affected land;

—17-

(5)

 The location of all private water

supplies

 or w

I

Li

I

I n

one

e

of

the

 a f ectod

 land

(1)

rube

name,

type

and

location

all

public

water supplies within ten miles of the

affected land;

(7)

 Plans

 for surface drainage control

as

required by Rule

 505;

(8)

 Areas of the affected land where mining

will occur;

(9)

 Areas of the affected land where mine refuse

and spoil will be deposited;

(10)

 The general characteristics

 of the mine

refuse and spoil according to the classi-

fication scheme set forth in the Agency

Guidance Document or any other general

soil classification system acceptable

to

the

Agency;

(11)

 The proposed method of mining:

(12) A refuse disposal plan as required by

Rule 506 or 507;

(13)

 The location of all bore holes, mine

shafts and wells on the affected land;

(14) An estimate certified by an engineer of

the quality and quantity of drainage from

the mine area and mine refuse area, includ-

ing estimates of concentrations

 of chloride,

sulfate, total dissolved solids and all

contaminants regulated under Rule

 606, to-

gether with

 a statement of the basis of the

estimates;

(15)

 The location of all pe~~mine discharge

 points and non—point source mine discharge

sources a~d—d ~

 method or

type of sediment basins,

 erosion control

devices and wastewater treatment facilities

for m

 e—a~eas7—m~ne—~efu~e—areae7

 all mine

—18—

related facilities including designation

of collection points for water discharged

from all mechanical pumping or gravity

flow systems used for draining the mine

and mine refuse area;

(16)

 An abandonment plan

 as required by Rule

509;

and

(17)

 If the applicant intends

 to use acid-

producing mine refuse,

 a plan

 as required

by Rule

 508.

Cc)

 The Agency may

specify

other information nec-

essary te for consideration of the permit appli-

cation.

 This may be done by way of an applica-

tion form,

 through

 the Agency Guidance Document

and through requests for information directed to

the applicant.

(d)

 This rule shall not be construed

 as limiting

the Agency’s authority to enter into an agreement

with the Illinois Department

 of Mines and Minerals

for joint permit applications.

505

 Surface Drainage Control

(a)

 A state or NPDES permit shall include

 a plan for

surface drainage control as

 a condition.

(b)

~

away-

e~—~J~e

—ae~ve

—

 ~—a~ea—a~e

 sa—o~e

~—

w~e-p~ev~4e4

 -~-pe~~7

The applicant’s plan for surface drainage control

shall be incor2orated into a permit by reference

if it meets the standard of Rule

 502;

 otherwise,

the Agency shall either deny the permft or issue

it with

 a plan modified by conditions subject

to

the provisions

 of Rule

 501.

(c)

 Mining activities and the deposition of mine

refuse shall be planned and conducted so as

avoid

contact

interference

 with

waters

of the state where such contact can

reasonably

be expected to cause or allow pollution of

such

waters.

(d)

Diversion,

redirection

impoundment

streams

 si~-a-~he-~vo4de~shall not be under-ET?1 w?375 558 m?512 558 l?S?BT?

taken where the Agency demonstrates

 that there

econornicall~~~sonable

alternative

Refuse

Disposal

(a)

 A state or NPDES

 nermnit shall include a refuse

disposal plan as a condition.

(h)

 Re—d±e~-pn-~e-be--’h~eet-~e—the

anda~&-fe-oe~-uanee-eeaed--ii~—Ru~e

~

~e~er—Gdanee—Beeumey-e~t-e~4a

 —~e~—m~e

~

The applicant’s refuse disposal plan shall be

incorporated into the permit by reference if it

meets the standard of Rule

 502; otherwise the

Agency shall either deny the permit or issue it

with

a plan modified by conditions subject to

Ul~provi~ions

Rule

501.

(c)

~

Seepage

from

refuse

disposal

area

mine

discharge

as defined by Rule

 201 which

 is subject

 to the

standards contained in Part VI of this Chapter.

(d)

 The refuse area shall not be located

 in an area

of natural springs or an aquifer recharge area

or intercept a drainage course unless special

provisions have been made to protect such.

The

burden of proof shall be on the Agency to show

that

area

acuifer

recharge

area.

(e)

 Acid--producing solid mine refuse shall be

immedi-

ately

spread

and

compacted

 in layers and covered

as necessary with suitable non--acid—producing

material.

wetness

prohibits

immediate

spread-

--20--

ing,

 the refuse shall be spread and compacted

as

soon

possible

and

prior

the

deposition

subsequent

 layer of refuse or cover material.

However,

the

Agency

may

permit

alternate

refuse

disposal methods.

(f)

 Any refuse disposal plan constituting a change

from the permitted refuse disposal plan Is a

revised

refuse

disposal

plan.

(g)

Implementation

revised

refuse

disposal

plan

shall require

 a new or revised or supplemental

NPDES or state permit.

 Application shall he

made within the time limits prescribed for the

respective permits

 as provided by Rule 304 and

404.

(h)

 Subsection

Ce)

 shall not apply to acid-producing

solid mine refuse disposed of underground or

in

strip pits where disposal is below the level of

natural

draInage; however,

 a layer

 of at least

two feet of suitable non-acid-producing material

~ha1l

 be applied ~

 later than one year after

completion

of

 a refuse pile

in

 an ooen pit.

507

 Experimental Permits for Refuse Disposal

(a)

promote

the

development

the

technology

of mine refuse pollution control, the Agency

may issue experimental permits for refuse dis-

posal not satisfying the requirements

 of Rule

502

 if the applicant demonstrates that the

process,

technique

system

has

 reasonable

chance for compliance with the Act and Chapter

(b)

 During operation, drainage from an experimental

refuse area shall be monitored to determine

compliance

with

the

Act

and

Chapter

(c)

 The Agency may require as

 a permit condition

that ~ the oermittee ~ke~

 submit performance

data and cost information during the operation

of the an experimental refuse area at—±nterva~

~

Cd)

 Applications

 for experimental permits shall

comply with the requirements

 of Rule 504 of

this Chapter.

--21—

Ce)

 Agency approval of an experimental permit

may

terminated

any

time

and

the

 require-

ments of Rule 502 reimposed within forty—five

days whenever data or maintenance practices

indicate that the experimental method no

longer

appears

likely

meet

the

requirements

the

Act

and

Chapter

(f)

 Within twelve months of the termination of the

experimental permit, the

oermittee

 shall com-

plete the abandonment plan

 in the permitted

mine refuse disposal area unless otherwise

approved

the

Agency.

508

Permit

for

Use

Acid-producing

Mine

Refuse

(a)

 A state or NPDES permit shall include as

a

condition

 an adequate plan for use of acid-

producing

 mine refuse if the operator

 is to

use

such.

(h)

 As defined by Rule 201, use of acid--producing

mine refuse

is

 a mining activity for which a

permit

 may he required under Rule

 401.

509

 Abandonment Plan

(a)

 A state or NPDES permit

shall

include

abandonment

plan

condition.

(h)

er~uate

abandonment

plan

shall

 +~e~debe

incorporated into the permit by reference if

includes

-~±3-

t~)-

 time schedule establishing

 that the aban-

donment plan will he executed and completed with-

in one year of abandonment unless otherwise ap-

proved by the Agency and meets the standard of

Rule

 502.

If

 it does not meet that standard the

Agency may either deny the permit or issue

it

with

abandonment

plan

modified

conditions

subject to Rule

 501.

—22—

-(-ci-

The—

n~y-mcy--fur

er-dc

e-~r~-cdeep~cte

~

4dai~e—Beeume

—~rer~u

 ed—p

 ~at~—

R~e-5e~-

-The-A~ene~-sha-apeve-cn-a~er~-

~

 -w4th-supar~--fi~*

~

eney—Gu4danee—BeeuNe~-er—w4

—re~i~—

4rt

abdei~mert~~w4eu~-v4ee~-e~-the-Ae~-ef

-Ed)-

Cc)

 Any abandonment plan constituting a substantial

change

 from the permitted abandonment plan is a

revised

abandonment

plan.

*e*

Cd)

permittee

shall

apply

for

new

revised

supplemental

 NPDES or state permit prior to

implementation

 revised abandonment plan

within

the

time

limits

provided

Rule

304(c)

404.

510

Cessation,

Suspension

Abandonment

(a)

permittee

shall

notify

 the Agency in writing

by certified mail within thirty days of any of

the

following:

(1)

 Abandonment:

or

(2)

 Cessation or suspension of active mining

for thirty days or more unless caused by

a labor dispute.

(b)

 During cessation or suspension of active mining,

whether caused by a labor dispute or not,

the

cermittee shall provide whatever interim impound-

ment, drainage diversion and wastewater treatment

is necessary to avoid

 rec~e~edviolations

of

the Act or Chapter

4.

Cc)

 Upon abandonment the permittee shall execute

and complete the permitted abandonment plan;

provided,

 however, that the permitee need

not execute and complete the permitted aban-

donment plan if the abandonment arises solely

 from transfer of ownership

to

 a responsible

party.

—23—

(d)

responsible

party

person

who

holds

state

NPDES

permit

and

all

other

necessary

permits for the same facility.

 If such permit

is issued subsequent to the transfer it shall

relieve

the

transferor

the

obligation

further

executing

the

abandonment

plan.

Ce)

 Upon request by the permittee the Agency shall

issue a certificate of abandonment whenever an

abandonment plan has been satisfactorily executed.

Refusal

 to issue a certificate of abandonment is

a permit denial

 for purposes of appeal.

511

Emergency

Procedures

Control

Pollution

(a)

permittee

shall

notify

the

Agency

within

one

hour of becoming aware of an emergency situation

concerning

mining

activities

which

causes

threatens

cause

discharge

contaminants

Into

the

waters

Illinois.

The

permittee

shall

initially

notify

the

Agency

telephone

and follow this with written notice including a

description of corrective measures taken.

The

permittee shall immediately undertake necessary

corrective measures consistent with Agency ap-

proval

under

paragraph

(h)

this

Rule.

 Emer-

gency situations,

 likely to cause a violation of

the Act or Chapter

4,

 include hut are not limited

the

following:

(1)

Dike,

 levee,

dam

pipeline

rupture;

(2)

Flooded

pit

containing

waters

which

not

meet

the

standards

Part

hereunder;

(3)

Power

failure

mechanical

breakdown

any

wastewater

treatment

facility.

(b)

The

Agency

may

 temporarily suspend the reciuire-

ment that a permit be obtained to install and

operate any device or facility necessary to

correct

the

emergency situation.

512

 Mine Entrances

Bore

holes,

openings,

drill

holes,

entrances

underground mines and auger or punch mine entries

shall be plugged and sealed to the extent necessary

to avoid the threat of water pollution.

--2 4—

513

 Permit Area

A state

 or NPDES permit shall specify

 a permit area.

During the permit term no portion of the affected

land shall be outside the permit area.

PART VI:

 EFFLUENT AND WATER QUALITY STANDARDS

600

 Preamble

(a)

 Part VI applies

 to mine discharges and non-

point source mine discharges

 as defined by

Rule

 201.

(b)

 Other discharges,

 including sanitary sewers,

are regulated under Chapter

3:

 Water Pollu-

tion.

(c)

 A facility which has another discharge will

be subject to both Chapter

 3 and Chapter

4.

Chapter

 4 governs mining activities, includ-

ing mine discharges and non—point source

mine discharges.

 Chapter

 3 governs other

discharges.

Cd)

Except

the

extent

provided

this

Part

Chapter

Parts

II,

III

and

Chapter

3 are inapplicable to mine discharges and non—

point source mine discharges.

601

Averaging

(a)

Compliance

with

the

numerical

standards

this

part

shall

determined

the

basis

24-hour

composite samples averaged over any calendar

month.

addition,

single

24-hour

composite

sample shall exceed two times the numerical

standards prescribed

 in this part nor shall any

grab sample taken

individually

aliquot

of any composite sample exceed five times the

numerical

standard

prescribed

this

part.

(b)

Subsection

(a)

this

rule

notwithstanding,

permittee

elects

monitoring

and

reporting

grab samples

 as provided in Rule 602(f),

 then

compliance

with

the

numerical

standards

this

part

shall

determined

the

basis

three

grab

samples

averaged

over

calendar

—25—

month.

In

addition,

 no single grab sample

shall exceed two times the numerical standards

prescribed

this

part.

602

 Sampling, Reporting and Monitoring

(a)

 Where treatment is provided for a discharge,

effluent samples shall be taken at a point

after the final treatment process and before

entry into or mixture with any waters of the

state.

(b)

 Where treatment is provided the oermittee shall

design or modify structures

so

 as to permit the

taking of effluent samples by the Agency at the

required point.

(c)

 Where treatment

 is not provided for a discharge,

effluent samples shall be taken at the nearest

point of access to the discharge source at a

point where the discharge leaves the mine or

mine refuse area or other portions of the

affected land, but in all cases effluent

samples shall be taken before entry into or

mixture with the waters of the state.

(d)

 At a reasonable frequency to he determined by

the Agency,

 the permittee shall report the

actual concentration or level of any parameter

identified in the state or NPDES permit.

Ce)

 The Agency may by permit condition require

monitoring and reporting on the basis

 of 24-

hour composite samples averaged over calendar

months.

 However, grab samples or composite

samples

 of shorter duration may be permitted

by the Agency after demonstration that such

samples reflect discharge levels over standard

operating conditions.

(f)

 Subsection

(e)

 of this Rule notwithstanding, if

a permittee so requests,

 the Agency shall by

permit condition require monitoring and reportiflg

on the basis of grab samples, in which case Rule

601(b) will apply.

—26—

-Ef*

(g)

4çi+

(h)

Monitoring

required

this

rule

shall

continue after abandonment until the permittee

has reasonably established that drainage

complies wi.th and will continue

 •to comply with

L1ie

requirements of the Act and this Chapter.

All

methods

sample

collection,

preservation

and

analysis

used

applying

any

the

re—

(Tuirements

this

Chapter

shall

accord

with the United States Environmental Protection

Agency’s current manual of practice or with

other procedures acceptable

 to the United

States Environmental Protection Agency and

the

Agency.

603

604

Background Concentrations

Because the effluent standards

 in this part are

based upon

concentrations

achievable

with

conven-

tional treatment technology that is largely un-

affected by ordinary levels of contaminants

 in in-

take water,

 they are absolute standards that must

met

without

subtracting

background

concentra-

tions.

 However,

 it is not the intent of these

regulations

 to require users

 to clean up contami-

nation caused essentially by upstream sources or

to require treatment when only traces of contami-

nants are added to the background.

 Compliance with

the numerical effluent standards

 is therefore not

required when effluent concentrations in excess of

the standards result entirely from the contamina-

tion of influent before it enters the affected

land.

 Background concentrations or discharges

upstream from affected land are rebuttably

presumed not to have caused a violation of this

part.

Dilution

(a)

 Dilution of an effluent from a treatment works

 or from any wastewater source

 is not acceptable

as

 a method of treatment of wastes in order to

meet the standards set forth

 in this part.

Rather,

 it shall be the obligation of any person

discharging contaminants of any kind to the

waters of the state to provide the best degree

of treatment of wastewater consistent with

technological feasibility, economic reasonable-

ness and sound engineering judgment.

-27—

(b)

making

determinations

what

kind

treatment is the best degree of treatment

within

the

meaning

this

paragraph,

the

following

will

considered:

(1)

 What degree of waste reduction can be

achieved by process change, improved

housekeeping and recovery of individual

waste

components

for

reuse;

and

(2)

 Whether individual process wastewater

streams

should

segregated

combined.

(c)

 If necessary the concentrations

 so measured

shall

recomputed

exclude

the

effect

any

dilution

that

improper

under

this

rule.

605

 Violation of Water Quality Standards

In addition to the other requirements of this part,

no mine discharge or non—point source mine discharge

~ei~

 shall,

 alone or in combination with other

sources, cause

 a violation of any water quality

standards of Chapter

3:

 Water Pollution.

 When the

Agency

finds

that

discharge

which

would

comply

with

effluent

standards

contained

this

part

would

cause or

 is causing a violation of water quality

standards,

 the Agency shall take appropriate action

under

Section

 39 of the Act to require the

discharge

 to meet whatever effluent limits are

necessary

ensure

compliance

with

the

water

quality

standards.

 When such a violation

 is caused by the

cumulative effect of more than one source, several

sources may be joined in an enforcement or variance

proceeding and measures

 for necessary effluent re-

ductions will he determined on the basis

 of techni-

cal feasibility, economic reasonableness and fairness

all

dischargers.

605.1

 Temporary Exemption from Rule 605

(a)

The

Agency

may

permit

provide

that

mine

discharge shall be exempt from the require-

ments of Rule

 605 as it applies to the dis-

charge of total dissolved solids, chloride,

sulfate, iron and manganese.

—28—

(b)

 A permittee may apply for such exemption as

part

new

renewed

supplemental

state

or NPDES permit.

(c)

The

Agency

shall

permit

such

exemption

all

of the following conditions

 are met:

(1)

 The Agency does not demonstrate signifi-

cant adverse effeet on the environment in

and around the receiving water;

C2)

 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.

Cd)

The

Agency

may

promulgate

under

Rule

501(c)

code

good

mining

practices.

Compliance

with the code of good mining practices shall

be prima facie evidence that the permittee

is

utilizing good mining practices within the

meaning

subparagraph

Cc)

 (3).

Ce)

Whenever

the

Agency

issues

permit

exempting

permittee

from

Rule

605,

shall

include

in the permit such conditions

 as may be neces-

sary

 to ensure that the permittee utilizes good

mining practices designed to minimize discharge

of the parameters exempted.

Cf)

 After July

1,

~

 1983,

 the exemption provided

this

Rule

605.1

shall

terminate.

606

 Effluent Standards

Ca)

The

effluent

limitations

contained

Part

Chapter

3:

 Water Pollution shall not apply

to mine discharges efe~

 or non—point source

mine discharges.

—29—

(b)

person

shall

cause

allow

mine

discharge

effluent

 to exceed the following levels of con—

taininants

Storet

Constituent

Number

Concentration

.~Acidity

00435

(total

acidity

shall

not

exceed

total

alkalinity)

Iron

(total)

01045

3.5

mg/l

3Lead

(total)

01051

mg/l

2, 3Ap~’onia

~i~rogen

(as

00610

mg/l

00400

(range

6—9)

3Zinc

(total)

01092

mg/i

3Fluoride

C-total)

00951

mg/l

3Total

suspended

solids

00530

mg/l

subject

averaging.

Applicable

only

an

operator

utilizing

ammonia

in

wastewater

treatment.

~

~

~

~

~

~

~

~

 Any overflow,

 increase

volume

discharge

discnarge

from

by—pass

system caused by precipitation or snowmelt shall not

subject

the

limitations

covered

this

footnote.

This exemption shall be available only if the facility

is designed, constructed and~maintainedto contain or

treat

 the volume of water which would fall on the areas

covered by this subpart during a 10-year 24-hour or

larger precipitation event

 (or snowmelt of equivalent

volume)

 The operator shall have the burden of demon-ET?1 w?155 159 m?546 159 l?S?BT?

strating that the prerequisites to an exemption set

forth

this

subsection

have

been

 met.

607

 Offensive Discharges

In addition to the other requirements

 of this Chapter,

dra

mine

—30-

discharge

effluent

shall

contain

settleable

solids,

floating

debris,

visible

oil,

grease,

scum

sludge

solids.

Color,

odor

and

turbidity

shall

reduced

to

below

obvious

levels.

608

Non-point

Source

Nine

Discharges

Surface

drainage

from

the

affected

land

coal

mine,

including

disturbed

areas

which

have

been

—

graded,

seeded

planted,

shall

passed

through

sedimentation

pond

series

sedimentation

ponds

before

leaving

tne

facility.

PART

VII:

COMPLIANCE

 AND EFFECTIVE DATES

701

 Effective Date

TIllS

Chapter

effective

~

 upon

filing

with

the

Secretary

State

p~a~-~e

gee~on-~8-e~the-Ae~.

702

 Applications from Holders of Outstanding Permits

(a)

holder

outstanding

operating

permit

under

the

old

Chapter

may

apply

for

state

NPDES

permit

any

time.

(b)

The

Agency

may

notification

require

holder

outstanding

operating

permit

apply

for

state

NPDES

permit.

Cc)

Notification

shall

contain

date,

not

less

than

180

days

after

notification,

which

date

application

must

received

the

Agency.

703

Expiration

 of Outstanding Permits.

Compliance with the provisions

 of this Chapter is re-

quired

the

effective

date

except

-that

immediate

com-

pliance

 with the permit requirement of Rule 401 is not

required

holders

outstanding

permits

for

mines

opened

prior

the

effective

date

this

Chapter.

For

such

facilities,

 compliance with Rule

401

re-

quired

upon

expiration

the

outstanding

 operating

permit.

Such

permits

shall

expire

upon

the

occurrence

any

the

following

conditions,

 whichever occurs

first:

—31—

(a)

The

lapse

three

years

after

the

effective

date

this

Chapter;

(b)

The

expiration

 any NPDES permit held by the

aermittee

for

the

facility;

Cc)

The

lapse

application

period

fixed

pur-

suant

 to Rule 702(c)

if

 an application is not

received by the date given in the notification.

704

Abandonment

Plan

for

Existing

Permits

Rule

106

notwithstanding,

the

requirement

permit

abandon

contained

Rule

502

-the

old

Chapter

4,

 effective May 23,

 1972 shall continue to apply

operators

mines

opened

prior

 the effective date

this

Chapter

 4 until such time as such operator

shall have been issued under this Chapter

4

 a valid

permit containing an abandonment plan.

IT

ORDERED.

Christan

Moffett,

Clerk

the

Illinois

 Pollution

Cont~ol

Board,

hereby

certify

the

above

Order

was

adopted

the

day

_____________,

1980

vote

,~O

Illinois

 on Control Board