ILLINOIS POLLUTION CONTROL BOARD
    December 13,
    1979
    IN THE MATTER OF:
    )
    ANENDMENTS TO RULE 902 OF
    )
    R79-13
    CHAPTER
    3:
    WATER POLLUTION
    )
    PROPOSED OPINION
    ?~ND
    ORDER OF THE BOARD
    (by Dr.
    Satchell):
    Adoption of the Proposed Order in R76-20 and R77-l0 has
    necessitated amendment of Rule 902(c)
    of Chapter
    3 to correctly
    state the relationship between Chapter
    3:
    Water Pollution and
    Chapter
    4:
    Mine Related Pollution.
    Hearings and an economic
    impact study are not required on this proposal by §~27and
    28
    of the Environmental Protection Act
    (Act)
    since they have already
    been conducted in the Chapter
    4 proceeding.
    The economic impact
    will be discussed in the Board’s Opinion in that proceeding.
    In addition to amending Rule 902 (c),
    the Board proposes to
    delete Rules
    902(d),
    Ce),
    (f)
    and part of Rule 902(g).
    These are
    transitional rules which no longer have any effect.
    The Board
    also proposes to delete Rule 902 (i) Cl)
    Ci),
    (ii)
    and
    (iii).
    This
    is no longer required by federal regulations
    40
    C.F.R.
    §124.52
    (b); 44
    Fed.
    Reg.
    32,854,
    32,899
    (June
    7,
    1979)J.
    Merit hearings
    and an economic impact study are unnecessary for deletion of
    these
    rules which relate to application procedures.
    ORDER
    Pursuant to §28 of the Environmental Protection Act
    (Act)
    and Procedural Rule 203, the Board proposes to delete from
    Chapter
    3:
    Water Pollution Rules 902(c),
    Cd),
    Ce),
    (f),
    (g)
    and
    (i)
    and to substitute the following language:
    902(c)
    Mining Activities
    (1)
    If,
    as defined by Rule 201 of Chapter
    4, mining
    activities are to be carried out on a facility for
    which an NPDES permit is held or required,
    the
    applicant must submit a permit application as re-
    quired by Rules
    303,
    304 and 504 of Chapter
    4.
    If
    the facility will have
    a. discharge other than a
    mine discharge as defined by Rule 201 of Chapter
    4,
    the applicant shall also submit an NPDES permit
    application in accordance with Rule 959 on forms
    supplied by the Agency.
    3 7—99
    —2—
    (2)
    As provided by Rule 301 of Chapter 4,
    except to
    the extent contradicted in Chapter 4,
    the rules
    contained in this subpart A of Part IX apply to
    Chapter 4 NPDES permits.
    (3)
    As provided by Rule 600 of Chapter
    4, except to the
    extent provided in Chapter 4,
    the effluent and water
    quality standards of Parts II,
    III and IV of Chapter
    3 are inapplicable to mine discharges.
    902(d)
    Deleted.
    902(e)
    Deleted.
    902(f)
    Deleted.
    902(g)
    New Discharges
    Any
    person whose discharge will begin after the effective
    date of this Subpart A or any person having an NPDES Permit
    issued by the U.S. Environmental Protection Agency for an
    existing discharge which will substantially change in
    nature, or increase in volume or frequency must apply for
    an NPDES Permit either:
    (1)
    No later than 180 days in advance of the date on
    which such NPDES Permit will be required; or
    (2)
    In sufficient time prior to the anticipated commence-
    ment of the discharge, to insure compliance with the
    requirements of Section 306 of the FWPCA,
    or with any
    applicable zoning or siting requirements established
    pursuant to Section 208(b) (2) (C)
    of the FWPCA, and
    any other applicable water quality standards and
    applicable effluent standards and limitations.
    902(i)
    Renewal
    (1)
    Any permittee who wishes
    to continue to discharge
    after the expiration date of his NPDES Permit shall
    apply for reissuance of the permit not less than 180
    days prior to the expiration date of the permit.
    (2)
    The Agency shall circulate public notice and provide
    opportunity fo~rpublic hearing, as provided for in
    this Subpart A, in the same manner as for a new
    permit application.
    37—100
    —3—
    The record will be held open for sixty days to allow comment
    on the proposal.
    IT IS SO ORDERED.
    I, Christan
    L. Moffett, Clerk of the Illinois Pollution
    pinion and Order were
    Control Board, hereby certify ~
    1979 by a vote of
    ____
    adopted on the
    /31.~
    day of
    __________
    ____
    Christan L. Moff
    Clerk
    Illinois Pollut~
    oi~trolBoard
    37—101

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