ILLINOIS POLLUTION CONTROL BOARD

December

13,

1979

IN THE MATTER OF:

)

R76—20

PROPOSED AMENDMENTS

 TO CHAPTER 4

)

P37-10

OF

THE

REGULATIONS OF THE ILLINOIS

POLLUTION CONTROL BOARD~

)

PROPOSED ORDER OF THE BOARD

 (by Dr~ Satchell):

The Board proposes to repeal in its entirety the existing

Chapter

4:

 Mine Related Pollution and to adopt the following:

CHAPTER

 MINE RELATED POLLUTION

TABLE

CONTENTS

Agency

Old

PART I:

 GENERAL PROVISIONS

 Proposal

Ch,

4

age

101

 Authority

 P—l0l

 0—101

1

102

 Policy

 P—102

 0—102

1

103

 Purpose

 P—103

 0—102

1

104

 Compliance with Other Laws

Required

 P—105

 0—701

2

105

 Validity Not Affected

 P—106

 0—702

2

106

 Repealer

2

PART II:

 DEFINITIONS

200

 Terms Defined Elsewhere

 P—l04

3

201

 Definitions

 P—l04

 0—103

3

PART III:

 NPDES PERNITS

300

 Preamble

8

301

 Incorporation of NPDES

Water Rules

 P—202

8

37—49

—

ii—

302

 NPDES Permits Required

of Certain Dischargers

 P—201

8

303

 Application

 P—203

8

304

 Construction Authorization

 P—204

9

Deleted

 P—205

PART IV:

 STATE PERMITS

40~0

 Preamble

 P—250

 0—203a

10

401

 Construction and Operating

Permits:

 State Permits

 P—251

 0-201

10

P—256

P—257

402

 Exemption from State

Permit:

 NPDES Holder

 P-252

10

P—200

403

 Exemption from State Permit:

Coal Piles and Small Mines

 P—252

11

404

 Applications:

 Deadline

to Apply

 P—253

11

405

 Permit Applications:

Signatures and

Authorizations Required

 P-254

11

406

 Permit Applications:

Registered or Certified Mail

or Hand Delivery Required

 P-255

12

407

 Supplemental State Permits

 P—263

 0—203b

12

408

 Violations of Conditions

and

Standards

 in a Permit

 P—270

 0—206

12

409

 State Permit Term

 P—268

 0—203a

13

410

 Permit No Defense to

Certain Violations

 P—269

 0—207

13

411

 Permit ReView

 P—272

 0—703

13

37—50

—iii—

PART V:

 STATE AND NPDES PERMITS

500

 Preamble

14

501

 Special Conditions;

Agency Guidance Document

 P—26l

 0—205c

14

P—266

502

 Standard for Permit Issuance

or Certification

 P—267

 0—202

15

503

 Permit Modification When

New Regulations Are Adopted

 P-27l

15

504

 Permit Applications

 P—258

 0—204

15

505

 Surface Drainage Control

 P-260

 0-3Ola

17

0—30lb

506

 Refuse Disposal

 P—262

 0—401

17

0—402

507~

 Experimental Permits for

Refuse Disposal

 P—264

 0—403

18

508

 Permit for Use of Acid

Producing Mine Refuse

 P—259

 0—404

19

509

 abandonment Plan

 P—26l

 0-502

19

510

 Cessation,

 Suspension or

Abandonment

 P—26l

 0—501a

20

511

 Emergency Procedures

to

Control Pollution

 P—265

 0—205a

20

0—205b

512

 Mine Entrances

 0—3Ola

21

0—3Olc

513

 Permit Area

 P—263

 0—203b

21

37—5 1

-iv-

PART

VI:

EFFLUENT

AND

WATER

QUALITY

STANDARDS

600

 Preamble

 P—30l

 O—601a

22

601

 Averaging

 P—30l

 0—601d

22

602

 Sampling, Reporting and

Monitoring

 P—30l

 0-6Olb

22

P—302

 0—6Olc

0—603

0—604

603

 Background Concentrations

 P—303

 0—601e

23

604

 Dilution

 P—304

 0—602

24

605

 Violation of Water Quality

Standards

 P—305

 0-605a

24

605.1

 Temporary Exemption

from Rule 605

 P—305.1

25

606

 Effluent Standards

 P306

 0—606

26

607

 Offensive Discharges

 P—307

 0—605b

26

Deleted

P—308

PART

VII:

COMPLJ~ANCE

AND

EFFECTIVE

DATES

701

Effective

Date

P-402

702

Applications

from

Holders

of Outstanding Permits

27

703

 Expiration of Outstanding

Permits

 P-268b

27

P—40l

704

 Abandonment Plan for

Existing Permits

 P—268c

28

37—52

ILLINOIS POLLUTION CONTROL BOARD

RULES AND REGULATIONS

CHAPTER 4:

 MINE RELATED POLLUTION

PART I:

 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 or 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 facil-

ity;

 to prohibit the sale, offer or use of articles for

reasons

 of water pollution control;

 to set standards limiting

the amounts or concentrations of contaminants that may be dis-

charged 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 pro-

 cedures

 to enable the state to implement and participate in

the NPDES program established by the Federal Water Pollution

Control Act of 1972

 (FWPCA),

 (13 U.S.C. §1251 et

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 protect health, welfare, property and

the quality of life.

 It is determined that mining activities

including the preparation,

 operation and abandonment of mines,

mine refuse areas and mine related facilities without environ-

mental planning and safeguards and the use of certain refuse

materials can cause, threaten or allow the discharge of con-

taminants 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,

 agricultural, recreational

or other legitimate uses including use by livestock, wild

animals, birds,

 fish or other aquatic life and riparian

vegetation.

103

 Purpose

The purpose of this Chapter is to prevent pollution of waters

of Illinois caused by failure

 to plan proper environmental

safeguards for the location, preparation,

 operation and

abandonment of mining activities, mining and mine refuse

37—5 3

—2—

operations.

 A permit system is established to ensure that

such activities meet environmental standards from the mult-

itude

 of contaminating point and non-point discharges,

visible and hidden,

 continuous and fluctuating, which are

potentially present in mining activities, mining and mine

refuse operations.

 Water quality and effluent standards

are established to

limit discharges from point sources

as

well as

 to protect waters for beneficial uses,

 In addition,

procedural

safegua~rds are

established

ensure

the

 protection

of waters.

 Furthermore,

 it is the purpose of this Chapter to

meet

the

requirements

Section

402

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 Conserva-

tion and Reclamation Actu of Illinois

 or with any other state

law affecting the duties of an operator.

105

 Validity Not Affected

If any provision of this Chapter is adjudged invalid

 or if

the application to any person or

in

any circumstances

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 enforcement

 is stayed by order of any

court of competent jurisdiction, this repealer shall be of

no force or effect until such time

 as such judgment or stay

is vacated and the validity of this Chapter upheld,

3 7-54

—3—

PART II:

 DEFINITIONS

200

 Terms Defined Elsewhere

Unless otherwise

stated

or unless the context clearly

indicates

 a different meaning,

 the definition of terms

used in this Chapter are the same

 as those found in the

Illinois Environmental Protection Act

 (Act),

 (Ill.

 Rev,

Stat.

 ch. 111 1/2, Section 1001

et

seq., 1975),

the

Water Pollution Regulations of the Illinois Pollution

Control Board

 (Chapter

3)

 and the Federal Water Pollution

 Control Act o:f1972

 (FWPCA),

 (33 U.S.C.

 1251 et seq.,

1972),

 The following definitions

 which apply to this

Chapter can be found

in

the Act, Chapter

 3, or the FWPCA:

Administrator, Agency, Board, Contaminant, Effluent,

Federal Water Pollution Control Act

 (FWPCA), National

Pollutant Discharge Elimination System

 (NPDES), Person,

Pollutant,

 Refuse, Storet, Treatment Works,

 Underground

Waters, Wastewater, Wastewater Source, Water Pollution

and Waters,

201

 Definitions

For purposes of this Chapter the following terms are

defined:

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 inoperative for one year

shall be rebuttably presumed to be abandoned.

Acid-producing Material:

 Material which when exposed to

air and water is capable

of

causing drainage containing

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 intermixed materials

and the quality of drainage produced by mining on sites

with similar soils,

Affected

Land.:

Any

 land owned or controlled or otherwise

used

 the operator in connection with mining activities

except

the

surface

area

above

underground

mine

workings

that is not otherwise used for mining activities,

The

37—55

—4—

term does not generally include offsite office buildings

and farming operations

 or recreational activities on undis-

turbed

 land.

 A parcel of land which has been reclaimed and

abandoned to the satisfaction of the Agency is no longer

part of the affected

land.

Coal Transfer Facility or Coal Storage Yard:

 Any area

where coal is transferred from one mode of~transportation

to another or where coal

 is dumped, piled,

 stored

or

blended.

 The term includes but is not limited to coal

docks,

blending

yards,

conveyor

belts

and

pipelines.

used in this Chapter,

 the terms mining activity and mine

related facility shall include coal transfer facilities

 and coal storage yards.

Construction

Authorization:

Authorization

under

Rule

304

to prepare to carry out mining activities or to construct

mine related facilities.

 Construction authorization is

issued

 a person who holds or is required to have an NPDE~

permit.

Construction

 Permit:

 A state permit issued under Rule 401

which

 allows the operator to prepare to carry out mining

activities or to construct mine related facilities.

Domestic

Retail

Sales

 Yard:

 A business which stockpiles

~

 for the

purpose of supplying

homeowners,

 small businesses, small industries or other

institutions

with

the

mineral

for

 their

individual

con-

sumption.

The

term

does

not

include

any

sales

yard

located

at a mine or mine related facility.

Drainage Course:

Any

 natural or man—made

channel or ditch

which

serves

 the purpose of directing the flow of water

into

natural

waterway.

Facility:

contiguous

area

 land,

including all structures

above

below

the

ground,

which

owned

 or controlled by one

person,

defined

 Rule 200.

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 directly

above underground

mine

workings

 that is not otherwise

disturbed by mining

activities,

37—56

—5—

Mine Discharge:

 Any point or non—point source discharge,

whether natural or man—made,

 from affected land, mine area,

mine

refuse

area,

processing

plant,

coal

transfer

 facility,

coal storage yard or mine drainage treatment facility.

Such discharges include but are not limited to runoff from

land,

mechanical

pumpages,

pit

overflows,

spillways,

drain-

age ditches,

 seepage from mine or mine refuse areas, ef-

fluent from processing,

milling

or mineral preparation

plant and other effluent discharges.

 Other discharges from

facilities or activities which are not directly related to

mining

activities

are

not

 mine

discharges.

Sanitary

sewers

and sewage treatment works are other discharges.

Mine

Refuse:

Gob,

 coal,

rock,

slate,

shale,

mill

 tailings,

~

pyrites

and

other

unmerchantable

solid

or

slurry

material

intended

discarded

which

are

con-

nected

with

the

 cleaning and preparation of mined materials

at a preparation plant or

washery.

It

includes

sludge

other precipitated matter produced by the treatment of acid

mine drainage but does not otherwise generally include

sediment from alkaline mine drainage.

 The term also in-

cludes acid-producing spoil.

Mine Refuse Area:

Any

 land used for dumping,

 storage and

disposal

mine

refuse.

Mine

Refuse

Pile:

Any

 deposit of solid mine refuse which

intended

serve

 as permanent

disposal

such

material.

Mine Related Facility:

 A portion of a facility which is

~

 The term includes, but is

not limited to, the following:

(a)

 Affected land;

(b)

 Coal storage yard or transfer facility;

(c)

 Mine;

(d)

 Mine drainage

treatment

 facility;

(e)

 Mine refuse area; and

(f)

 Processing or mineral preparation plant.

37—57

—6—

Mining:

 The surface or underground extraction or process-

ing 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 of pro-

cessing

of the minerals from a mine refuse area.

 It does

not include drilling for oil or natural gas.

Mining

Activities:

All

activities

facility

which

are

directly in furtherance of mining, including activities

before,

 during and after mining.

 The term does not include

land acquisition, exploratory drilling, surveying and sim-

ilar activities.

 The term includes, but is not limited to,

the following:

(a)

 Preparation to carry out mining activities;

(b)

 Construction of mine related facilities which could

generate refuse, result in

 a discharge or have the

potential to cause water pollution;

(c)

 Ownership

 control of

mine

facility;

(d)

 Ownership or control of

a coal storage yard or transfer

facility;

(e)

 Generation or disposal of mine refuse;

(f)

 Mining;

(g)

Opening

mine;

(ii)

 Production of

mine

discharge;

(i)

 Surface drainage control; and

(j)

 Use of acid-producing mine refuse.

~pening a Mine:

Any

 construction activity related to

preparation for

mining on a facility.

Operating Permit:

 A state permit required of a person

carrying out mining

activities.

Operator:

 A person who carries out mining activities.

37—58

—

7~

Permittee:

 A person who holds

 a state or NPDES permit

issued under this Chapter

4.

 In some contexts the term

permittee also includes

 a permit applicant.

Slurry:

 Mine refuse separated from the mineral in the

‘aThi~mg

process consisting of

readily

pumpable

fines

and clays and other materials

 in the preparation plant

effluent,

 This term includes mill tailings,

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.

State Permit:

 A construction permit or operating permit

issued by the Agency.

 NPDES permits are not state permits.

Surface Drainage Control:

 Control of surface water on the

affected land by a person who is engaging in mining activ-

ities.

 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 impound-

ment of a stream or impoundment of water for flow augmen-

tation or controlled release of effluents.

Surface Mining:

 Mining conducted in

 an open pit including

area and contour strip mining.

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.

Underground Water Resources:

 Underground streams, aquifers

and

 other concentrated bodies of water.

Use of Acid-producing Mine Refuse:

 Use of acid-producing

mine refuse includes any use, offer for sale, sale or

offer for use in roadway projects, mine roads, mine yards

or elsewhere,

37—59

—8—

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

state permit so long as the Agency

administers

the

NPDES permit program.

(c)

 Part IV is inapplicable

to

NPDES

permit

holders,

provided by Rule 402.

301

 Incorporation of NPDES Water Rules

Except

the

extent

contradicted

Chapter

the

RuleE

contained in subpart A, Part IX, Chapter

3:

 Water Pol-

lution shall apply to NPDES permits required 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 provisions 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

 Application

(a)

person

required

obtain

NPDES

permit

shall

file

an application in accordance with Rule 504 on forms

provided

the

Agency

the

United

States

Environ-

mental Protection Agency as applicable.

(b)

 A person who holds an NPDES permit for a facility or

who submits an NPDES permit application for that fac-

ility 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.

37—60

—9—

304

 Construction Authorization

(a)

 No person shall prepare

 to carry out mining activities

or construct a mine related facility for which an

NPDES permit is required unless:

(1)

 The person holds an NPDES permit containing as

a condition

 a construction authorization for

the

preparation

construction;

(2)

 The person holds a construction permit for the

preparation

or

construction issued pursuant to

Rule 401.

(b)

 No permittee shall cause or allow the modification

of

 a mining activity or mine related facility for

which

NPDES

permit

held

unless

 the NPDES permit

includes as a condition a construction authorization

for such

modification,

Cc)

 Any person required to obtain

 a construction author-

ization shall make application at

least

 180 days in

advance of the date on which construction or modifi—

cation is to begin.

Cd)

 Any person seeking a construction authorization shall

furnish information and complete an application as

provided in Rule 504,

 Issuance of a construction

authorization shall be governed by the rules which

govern issuance of an NPDES permit, including Rules

501 and 502,.

37—6 1

—10—

PART IV:

 STATE PERMITS

400

 Preamble

Part IV governs mining activities, including construction

of mine related facilities,

 and establishes 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 to carry out mining activities or

con-

struct a

mine related facility which could

generate refuse, result in a discharge or have

the potential to cause water pollution without

a construction permit; or

(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, operating

or joint

shall be determined from the language of the entire

document,

 The title given it by the Agency shall

not be determinative,

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.

(b)

 This exemption shall

be 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 notifi-

cation, on which state permit applications are to

be received.

37—62

—11—

403

 Exemption from State Permit:

 Coal Piles and Small Mines

(a)

 Unless

 the Agency determines that the facility will

cause or threaten to cause water pollution or viola-

tion of applicable regulations, the following facili-

ties need not obtain state permits:

(1)

 Domestic retail sales yards;

(2)

 Consumer stockpiles located at the consuming

facility, including but not limited to power

plants and steel mills; or

(3)

Any

 facility affecting less than ten acres of

land per year which is not

 a coal,

 fluorspar,

lead or zinc mine,

(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

date from the time such notice is mailed.

Cc)

 In the event the Agency determines that a facility

will cause or threaten to cause water pollution or

violation of applicable regulations,

 the Agency

shall notify the operator that

 a permit is required.

The exemption shall continue for forty-five days

after

notification

and

during

the

pendency

permit application before the Agency.

404

 Applications:

 Deadline to Apply

A person required to have a state permit shall file an

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

his

duly

authorized

representative,

such representative is responsible for the overall operation

of the facility from which the discharge described in the

application form originates.

 In the case of a partnership

or a sole proprietorship,

 the application shall be signed

37—63

—12—

by a general partner or the proprietor respectively.

For all other persons,

 the application shall be signed

by either a principal executive officer,

 ranking elected

official or other duly authorized employee.

407

 Permit Applications:

 Registered or Certified Mail or

Hand Delivery Required

(a)

 All state permit applications shall be mailed or de-

livered to the appropriate address designated by the

Agency,

Any

 application or revised application sent

by mail shall be sent by registered or certified

mail,

 return receipt requested,

(b)

 Applications which are hand delivered shall be deliv-

ered to and receipted for by any authorized person

employed in the permit section of the Agencyvs Mine

Pollution Control Program.

407

 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.

(b)

 Applications for new or supplemental state permits

shall be subject to the rules on applications in

general.

408

 Violation of Conditions and Standards in a Permit

(a)

 No permittee 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

permit,

 A state permit may be revoked in appropriate

circumstances, including but not limited to the

following:

(1)

 Because of existing geological conditions an

operator cannot carry out mining activities so

as not to cause a violation of the Act or this

Chapter

 4; or

(2)

 A history of chronic disregard by the permittee

for the mining regulations; or

37—64

—13—

(3)

 Obtaining a permit by misrepresentation or

failure to disclose fully all relevant facts;

or

(4)

 Other circumstances where

 it is affirmatively

shown that the general standard for permit

issuance contained in Rule 502 would not be

met if a new application for permit were made.

409

 State Permit Term

State permits shall 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 notifi-

cation that a permit application is incomplete or inade-

quate or Agency notification of modification or revocation

 of an existing permit

 is a permit denial entitling a person

to appeal the Agency~sdecision to the Board under Section

40 of the Act,

37—65

—14—

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

the

standards

and

conditions

required

by this Chapter, the Agency may in granting permits

impose such conditions as may be necessary to ac-

complish 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 to, schedules of compliance which may be re-

quired to accomplish the purposes and provisions of

the Act.

(b)

 The Agency shall adopt such procedures as are necessary

for permit issuance under this Chapter.

 Such pro-

cedures shall be included in an Agency Guidance Docu-

ment.

(c)

 The Agency may adopt criteria for the design, operation,

maintenance and abandonment of mines, mine refuse areas,

coal transfer facilities, coal storage yards, mine

 drainage treatment facilities and other wastewater

sources and mine related facilities.

 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 procedures,

the

Agency

shall

comply

with

the

requirements

the

Illinois

Administrative

Procedure

Act,

Ill.

Rev,

Stat.

1977,

ch,

 127 §1001 et seq.

(e)

 To the extent the Agency adopts such criteria, they

will represent a formal Agency interpretation of what

is consistent with the Act and Chapter

 4 and necessary

to accomplish the purposes of the Act.

37—66

—15—

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

cause

violation

the

Act

Chapter

Cb)

Agency

guidance

document

promulgated

and

it contains criteria with regard to any part or con-

dition of a permit, then for purposes of permit is-

suance proof of conformity with the Agency guidance

document shall be prima facie evidence of no violation.

However, non—conformity with the Agency guidance doc-

ument 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 experimental

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, ~he Agency may

issue

 to the permittee

 a new or supplemental permit set—

king forth the affected terms and conditions

 as modified.

504

 Permit Applications

(a)

 Plans, reports, specifications and application forms

submitted tO the Agency

 as part of a state or NPDES

permit application shall be certified by a registered

professional engineer when required by the Illinois

Professional Engineering Act, Ill.

 Rev,

 Stat,,

ch.

48

 1/2,

 1977,

(b)

application

for

state

 NPDES permit shall

include:

(1)

 Location of the affected land and the maximum

extent of the affected land during 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,

 construction and any

other preparatory activity;

37—67

—16—

(3)

 Plans

 to avoid violation of the Act and Chapter

4,

(4)

 The location of

all

streams,

 creeks, bodies of

water and underground water resources which

receive drainage from the affected land;

(5)

 The location of all private water supplies on or

within one mile of the affected land;

(6)

 The name,

type

and location of 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 classification scheme

set forth

in the

Agency Guidance Document or any

other general soil classification system accept-

 able 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, including estimates

of concentrations of chloride, sulfate,

 total

dissolved solids and all contaminants regulated

under

Rule 606, together with a statement of the

basis

 of the estimates;

37—68

—17-

(15)

 The location of all point and non—point sources

and discharge points, method or type of sediment

basins,

 erosion control devices and wastewater

treatment facilities for mine areas, mine refuse

areas, coal transfer facilities and coal storage

areas, 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)

abandonment

plan

required

 by Rule 509; and

(17)

the

applicant

intends

use

acid-producing

 mine refuse,

 a plan as required by Rule 508.

(c)

 The Agency may specify other information necessary to

consideration of the permit application.

 This may be

done by way of an application form,

 through the Agency

guidance document and through requests for information

directed to the applicant,

505

 Surface Drainage Control

(a)

 A state or NPDES permit shall include

 a plan for

surface drainage control as

 a condition.

(b)

 Surface drainage shall be diverted around or away

from the active mining area unless otherwise provided

by permit.

Cc)

Mining

activities

and

 the deposition of mine refuse

shall be planned and conducted so as to avoid contact

or interference with waters of the state where such

contact can reasonably be expected to cause or allow

pollution of such waters,

Cd)

 Diversion,

 redirection or impoundment of streams shall

be avoided.

506

 Refuse Disposal,

Ca)

A

state or NPDES permit shall include

 a refuse disposal

plan as

 a condition,

37—69

—18—

(b)

 Refuse disposal plans shall be subject to the stand-

ard for permit issuance contained in Rule 502.

The

Agency may promulgate,

 as part of an Agency guidance

 document, criteria for mine refuse areas under Rule

501,

Cc)

 Erosion,

 runoff, flooding, overflow or leachate from

the affected land shall not violate the standards

contained in Part VI of this Chapter.

Cd)

 The refuse area shall not be located in an area of

natural springs or an aquifer recharge area or inter-

cept a drainage course unless special provisions have

been made to protect such,

Ce)

 Acid-producing solid mine refuse shall be immediately

spread and compacted in layers and covered as necessary

with suitable non—acid—producing material,

 If wetness

prohibits immediate spreading,

 the refuse shall be

spread and compacted as soon as possible and prior to

the deposition of a subsequent layer of refuse or

cover material.

 However, the Agency may permit alter-

nate 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 of a revised refuse disposal plan shall

require a new or revised or supplemental state or

NPDES permit.

 Application shall be made within the

time limits prescribed for the respective permits

as

provided by Rules

 404 and 304.

507

 Experimental Permits

 for Refuse Disposal

(a)

 To promote the development of the technology of mine

refuse pollution control,

 the Agency may issue exper-

imental permits for refuse disposal not satisfying the

requirements of Rule 502 if the applicant demonstrates

that the process, technique or system has

 a reasonable

chance for compliance with the Act and Chapter

4.

(b)

 During operation, drainage frOm an experimental refuse

area shall be monitored to determine compliance with

the Act and Chapter

4.

37—70

—19—

Cc)

 The permittee shall submit performance data and cost

information during the operation of the experimental

refuse area at intervals specified by the Agency.

Cd)

 Applications for experimental permits shall comply

with the requirements of Rule 504 of this Chapter.

Ce)

 Agency approval of an experimental permit may be

terminated at any time and the requirements of Rule

502 reimposed within forty—five days whenever data

or maintenance practices indicate that the experi-

mental method no longer appears likely to meet the

requirements of the Act and Chapter 4.

(f)

 Within twelve months of the termination of the exper-

imental permit,

the

permittee shall complete the

abandonment

plan

 in the permitted mine refuse disposal

area unless otherwise approved by the Agency.

508

 Permit for Use of 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,

(b)

 As defined by

Rule

201, use of acid—producing mine

refuse is

 a mining activity for which a permit may

be required under Rule 401.

509

 Abandonment Plan

(a)

 A state or NPDES permit shall include an adequate

abandonment plan as

 a condition,

(b)

 An adequate abandonment plan shall include:

(1)

 Procedures to provide protection against violations

of the Act and this Chapter; and

(2)

 A time schedule establishing that the abandonment

plan will be executed and completed within one

year of abandonment unless otherwise approved by

the Agency.

Cc)

 The Agency may further define

 an adequate abandonment

plan by means of the Agency Guidance Document promul-

gated pursuant to

Rule 501.

The

Agency shall approve

an abandonment plan which conforms with subpart

Cb)

of

this Rule and either conforms with the Agency Guidance

Document or will result in abandonment without viola-

tion of the Act or this Chapter.

37—7 1

—20—

Cd)

 Any abandonment plan constituting a substantial

change from the permitted abandonment plan is

a

revised abandonment plan.

Ce)

 A permittee shall apply for a new or revised or

supplemental

 state

 or NPDES permit prior to imple-

mentation of a revised abandonment plan within the

time limits provided by Rule 304 Cc)

 or 404,

510

 Cessation, Suspension or Abandonment

(a)

 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 alabor dispute or not,

 the per-

mittee shall provide whatever interim impoundment,

drainage diversion and wastewater treatment is nec-

essary to avoid threatened violations of the Act

or Chapter

4.

Cc)

 Upon abandonment the permittee shall execute and

complete the permitted abandonment plan; provided,

however, that the permittee need not execute and

complete the permitted abandonment plan if the

abandonment arises solely from transfer of ownership

to a responsible party.

Cd)

 A responsible party is

 a person who holds a state or

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 of

the obligation of further executing the abandonment

 plan.

511

 Emergency Procedures to Control Pollution

Ca)

 A permittee shall notify the Agency within one hour

of an emergency situation concerning mining activities

which causes or threatens to cause a discharge of

contaminants into the waters of Illinois,

 The per-

mittee shall initially notify the Agency by telephone

37—72

—21—

and follow this with written notice including a

description of corrective measures taken,

The

permittee shall immediately undertake necessary

corrective measures consistent with Agency approval

under paragraph

(b)

 of this Rule.

 Emergency situ-

ations,

 likely to cause

 a violation of the Act or

Chapter

 4 include hut are not limited to the

following:

(1)

 Dike,

 levee, dam or pipeline rupture;

(2)

 Flooded pit containing waters which do not meet

the si~andardsof Part VI hereunder; or

(3)

 Power failure or mechanical breakdown of any

wastewater

treatment

facility.

(h)

 The Agency may temporarily suspend the requirement

that a permit be obtained to install and operate any

device or facility necessary to correct the emer~ency

situation,

512

 Mine Entrances

Bore tioles, openings, drill holes, entrances to underground

mines and auger or punch mine entries shall be plugged and

 sealed to the extent necessary to avoid the threat of

water pollution.

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,

37—73

—22—

PART VI:

 EFFLUENT AND WATER QUALITY STANDARDS

600

 Preamble

(a)

 Part VI applies

 to mine discharges as defined by

Rule 201,

(b)

 Other discharges,

 includin.g sanitary sewers,

are

regulated under Chapter

3:

 Water Pollution.

Cc)

 A facility which has another discharge will be

subject to both Chapter

 3 and Chapter

4,

 Chapter

4

governs mining activities,

 including mine discharges.

Chapter

 3 governs other discharges.

Cd)

 Except to the extent provided in this Part VI of

Chapter 4, Parts

 II, III and IV of Chapter

 3 are

inapplicable to mine discharges.

601

 Averaging

Compliance with the numerical~standards of this part shall

be determined on the basis of 24—hour composite samples

averaged over any calendar month.

 In addition, no single

24-hour composite sample shall exceed two times the numer-

ical standards prescribed in this part nor shall any grab

sample taken individually or as an aliquot of any composite

 sample exceed five times the

 numerical standard prescribed

in 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 permittee shall design

or modify structures so as to permit the taking of

effluent samples by the Agency at the required point.

Cc)

 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 ef-

fluent samples shall be taken before entry into or

mixture with the waters of the state.

37—74

—23—

Cd)

 At a reasonable frequency to be determined by the

Agency,

 the permittee shall report the actual concen-

tration 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 sam-

ples 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)

 Monitoring as required in this rule shall continue

after abandonment until the permittee has reasonably

established that drainage complies with and will

continue

 to comply ~iiththe requirements of the Act

and this Chapter.

(g)

 All methods of sample collection,

 preservation and

analysis used in applying any of the requirements of

this Chapter shall be in accord with the United

States Environmental Protection Agency~scurrent

manual of practice or with other procedures accept-

able to the United States Environmental Protection

Agency and the Agency.

603

 Background Concentrations

Because the effluent standards in this part are based upon

concentrations achievable with conventional treatment

technology that is largely unaffected by ordinary levels

of contaminants

 in intake water,

 they are absolute stand-

ards that must be met without subtracting background con-

centrations.

 However, it is not the intent of these

regulations to require users to clean up contamination

caused essentially by upstream sources or to require

treatment when only traces of contaminants are added to

the background.

 Compliance with the numerical effluent

standards is therefore not required when effluent concen-

trations

 in excess of the standards result entirely from

the contamination 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,

37—75

—24—

604

 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 contam-

inants of any kind to the waters of the state to

provide the best degree of treatment of wastewater

consistent with technological feasibility, economic

reasonableness and sound engineering judgment.

(b)

In

making determinations as to what kind of treatment

is the best degree of treatment within the meaning of

this paragraph, the following shall be 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 be segregated or combined,

Cc)

 If necessary the concentrations so measured shall be

recomputed to exclude the effect of any dilution

that is improper under this rule.

605

 Violation of Water Quality Standards

In addition to the other requirements of this part, no

 effluent shall, alone

 or in combination with other sources,

cause

 a violation of any water quality standard of Chapter

3:

 Water Pollution,

 When the Agency finds thaj

 a dis-

charge which would comply with effluent standards contained

in this part would cause or is causing a violation of water

quality standards, the Agency shall take appropriate action

under Section 31 or 39 of the Act to require the discharge

to meet whatever effluent limits are necessary to 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 enforce-

ment or varian’ce proceeding and measures for necessary

effluent reductions will be determined on the basis of

technical feasibility, economic reasonableness and fairness

to all dischargers.

37—76

—25—

605.1

 Temporary Exemption from Rule 605

(a)

 The Agency may by permit provide that a mine dis-

charge shall be exempt from the requirements of Rule

605 as it applies to the discharge of total dissolved

solids, chloride, sulfate, iron and manganese.

(b)

 A permittee may apply for such exemption as part of

a new or renewed or supplemental state or NPDES

permit.

Cc)

 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.

Cd)

 The Agency may promulgate under Rule 501(c)

 a code

of 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 of subparagraph

 Cc) (3).

Ce)

 Whenever the Agency issues a permit exempting a

permittee from Rule 605,

 it shall inc~1udein the

permit such conditions as may be necessary to ensure

that the permittee utilizes good mining practices

designed to minimize discharge of the parameters

exempted,

(f)

 After July

1,

 1981,

 the exemption provided in this

Rule 605.1 shall terminate~.

37—77

—26—

606

 Effluent Standards

(a)

 The effluent limitations contained in Part IV of

Chapter 3:

 Water Pollution shall not apply to

mine discharge effluents.

(b)

 No person shall

 cause or allow a mine discharge

effluent to exceed the following levels of con-

taminants:

Storet

Constituent

 Number

 Concentration

1Acidity

00435

 (total acidity

shall not exceed

3

 total alkalinity)

Iron

 (total)

01045

 3,5 mg/l

3Lead

(total)

01051

mg/i

2, 3Ammonia

Nitrogen

(as

N)

00610

mg/l

1pH

00400

(range

6—9)

3zinc

(total)

01092

mg/l

3Fluoride

(total)

00951

mg/l

3Total

suspended

solids

00530

mg/l

1Not subject to averaging.

2Applicable only to an operator utilizing ammonia in

wastewater treatment,

3Any untreated overflow, increase in volume of a point

source discharge or discharge from a bypass system from

facilities

designed,

constructed

and

maintained

contain

or treat the discharges

 from the facilities and areas

covered by this rule which would result from a 10—year’,

24-hour precipitation event, shall not be subject to the

limitations

set

forth

this

rule,

except

for

and

total

acidity.

607

Offensive

Discharges

In addition to the other requirements of this Chapter, no

drainage from any affected lands or operation shall con-

tain settleable solids, floating debris, visible oil,

grease,

scum

sludge

solids,

Color,

odor

and

turbidity

shall

reduced

below

obvious

levels.

.37—73

—27—

PART VII:

 COMPLIANCE

AND

EFFECTIVE DATES

701

 Effective Date

This Chap?er is effective ten days after its filing with

the Secretary of State pursuant to Section 28 of the Act.

702

‘

 Applications from Holders of Outstanding Permits

(a)

 A holder of an outstanding operating permit under the

old Chapter 4 may apply for a state or NPDES permit

at any time.

(b)

 The Agency may by notification require

 a holder of an

outstanding operating permit to apply for a state or

NPDES permit,

Cc)

 Notification shall contain a date, not less than 180

days after notification, by which date an application

must be received by the Agency.

703

 Expiration of Outstanding Permits

Compliance with the provisions of this Chapter is required

on the effective date except that immediate compliance 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 condi-

tions, 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 per-

mittee for the facility; or

Cc)

 Issuance of

 a permit for the facility pursuant to

Rule 302 or 401; or

Cd)

 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,

37—79

—28—

704

 Abandonment Plan for Existing Permits

Rule 106 notwithstanding,

 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

Chapter

 4 until such time as such operator shall have been

issued under this Chapter

 4 a valid permit containing an

 abandonment plan.

Written comments on this proposal will be accepted for sixty

days.

IT IS SO ORDERED.

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby ce~-tifythe abov

 Proposed Order was adopted

by the Boa d on the

________

 day of

____________,

 1979 by a

vote of

~stanL,Moffe~lerk

Illinois Pollution Control Board

37—80