ILLINOIS POLLUTION CONTROL BOARD

December 15,

1983

IN THE MATTER OF:

PROPOSED AMENDMENTS TO TITLE

35,

)

R83-6

(Docket A)

SUBTITLE

D:

MINE RELATED WATER

POLLUTION, CHAPTER I, PARTS

)

405 and 406

PROPOSED RULE.

FIRST NOTICE

PROPOSED ORDER OF THE BOARD

(by D.

7~nderson):

The Board proposes

to amend 35 Ill. Adm. Code 405 and

406.

The text of the proposed amendments for publication

in

the Illinois Register is attached

to this Order.

The record

will remain open for comment for a period of

45 days after

the date of publication in the Illinois Register.

The

Proposed Order is supported by a Proposed Opinion of this

same date.

IT IS SO ORDERED.

I, Christan

L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify that the ab9ve Proposed Order

was adopted on the

)~

~-~day

of

~

1983 by

a vote

of

/~L

I

/I~JL6c~~

~hristan

L. Moffett,/~lerk~

Illinois Pollution Control Board

55-273

---

---

_____

ILLINOIS

REGISTEP

POLLUTION

CONTROL

BOARD

TEXT

OF

PROPOSED

AMENDMENTS

FOR

CODIFICATION

TITLE

35:

ENVIRONMENTAL

PROTECTION

SUBTITLE

D:

MINE

RELATED

WATER

POLLUTION

CHAPrJ.~ER I:

POLLUTION

CONTROL

BOARD

PART

405

STATI;

AND

NPDES

PERMITS

Section

405.

100

405.101

405.

102

405.

103

405.

104

405.

105

405.

106

405.107

405.

108

405.

109

405.

110

405.

111

405.

112

405.

113

Preamble

Special Conditions; Agency Guidance Document

Standard for

Permit

Issuance

or Certification

Permit

Modification

When

New Regulations Are Adopted

Permit

Applications

Surface

Drainage

Corit;rol

Refuse

Disposal

Experimental

Permits

for

Refuse

Disposal

Permit

for

Use

oF

Acid

Producing

Mine

Refuse

Abandonment

Plan

Cessation,

Suspension

or

Abandonment

Emergency

Procedures

to

Control

Pollution

Mine

Entrances

Permit

Area

A~e~y—Ne~e

AUTHORITY:

Implementing

Sections

12

and

13

and authorized by Section

27

of

the

~~e4s

Environmental

Protection Act

(Ill,

Rev,

Stat.

~9~9 1981,

ch.

ill 1/2,

pars.

1012,

1013

and

1027) Hnle~oth~9e~no~ed.

Se~ee-Ne~eSOURCE:

Adopted

in

R76-20,R77-l0,

39PCB

196,

at

4

Ill.

Req.

~

34,

p.

164, effective August

7,

1980;

ecodified at

5

Iii.

Req.

fle7-347-p~

8527; effee~ve-~us~—2~7

~

amended

in R83—6A at

7

Ill. Re~

____

effective

Section 405.109

Abandonment

Plan

a)

A state

or

NPDES

permit

shall

include

an

abandon-

ment

plan

as

a

condition.

b)

An

abandonment

plan

shall

be

incorporated

into

the

)ermit

by

reference

if

it:

1)

Includes

a

time

schedule

establishing

that

the abandonment

plan

will

be

executed

and

completed

within

one

year

of

abandonment

trnes3-~therwe-appfeved.-~y—the-Ageney; and

55-275

---

ILLINOIS

REGISTER

POLLUTION CONTROL BOARD

TEXT

OF

PROPOSED

AMENDMENTS

FOR

CODIFICATION

2)

Meets

the

standard

of Section 405.102.

3)

Contains

information

to

establish

that

any

discharge

to

remain

after

abandonment

will

meet the requirements of

35

Ill. Mm,

Code

406,106(b)

and 406.20~, or,

it the permit

included water quality-based conditions under

35 Ill.

Adm. Code 406.203 during active mininq,

that the discharge meets the requirements

of

35

Ill.

Adm.

Code

406.106(b)

and 406.203(c) (1)

and

(c) (2),

4)

Contains information to establish that any

impoundments,

which

will remain after abandon-

ment and which will not meet the water quality

standards of 35

Iii. Mm.

Code

302.204 or

302,208,

will

meet

the

requirements

of

35

Ill,

Adm.

Code

406.106(b)

and

406.203(c)

(1)

and

(c)

(2).

C)

3*

If

~t

the

abandonment

plan

does

not

meet the

standard of Section 405.102

the Agency

may

either

deny

the

permit

or issue

it

with

an

abandonment

plan modified by conditions subject

to Section

405.

101.

d)

4*

The

time

limit

provided

by

5ee~e~

~

parajj~j~

(b)(l)

is

inapplicable

to

abandonment

plans

for

surface

coal

mines

which

are

approved

a~

reclamation

plans

under

the

Surface

Coal

Mining

Land

Conservation

and

Reclamation

Act.

e*e)

Any

abandonment

plan

constituting a substantial

change

from

the

permitted

abandonment

plan

is

a

revised

abandonment

plan.

d*f)

A

permittee

shall

apply

for

a

new

or

revised

or

supplemental

NPDES

or

state

permit

prior

to

imple-

mentation of

a revised abandonment plan within the

time limits provided by B~e~e~35 Iii.

Adm,

Code

403.

104 (c)

g)

An

abandonment

plan

incorporated

into

a

permit pur-

suant to a showing under

35 Ill. Mm.

Code 406.203

55-276

---

_____ILLINOIS REGISTER

_____

POLLUTION

CONTROL

BOARD

TEXT

OF

PROPOSED

AMENDMENTS

FOR

CODIFICATION

shall include conditions pursuant to

35

Iii.

Mm

Code_406~fle)TT)~d7~T(2).

(Source:

Amended at

8

Ill.

Req.

____,

effective

_________

Section 405.110

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 a labor dispute or not,

the

permittee shall provide whatever interim impound-

ment,

drainage diversion and wastewater treatment

is necessary to avoid violations of the Act or

5~b~t~e

B7 ?hap~er ~ this ç~p~r.

c)

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 owner-

ship to

a responsible party.

d)

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.

e)

Upon request by the permittee the Agency shall

issue

a certificate of abandonment whenever e~

the permittee demonstrates

that:

1)

The

abandonment

plan has been satisfactorily

executed

and

55-277

---

_______

_______

TLLINOIS

REGISTER

POLLUTION CONTROL BOARD

TEXT OF PROPOSED AMENDMENTS FOR CODIFICATION

2)

The

re~irements

of

Sections

405.109(b)

(3)

and

(h)

(4)

have been met.

f)

Refusal

to

issue

a

certificate

of

abandonment

is

a

permit

denial

For

purposes

of

appeal.

(Source:

Amended

at

8

Ill. Req.

_____

,

effective

55-278

---

ILLINOIS REGISTER

POLLUTION

CONTROL

BOARD

TEXT OF PROPOSED AMENDMENTS FOR CODIFICATION

TITLE

35:

ENVIRONMENTAL PROTECTION

SUBTITLE

D:

MINE RELATED WATER POLLUTION

CHAPTER

I:

POLLUTION CONTROL BOARD

PART 406

MINE WASTE

EFFLUENT

AND

WATER

QUALITY STANDARDS

SUBPART

A:

GEMBRAL EFFLUENT ANB-W~BR

QUALF~ STANDARDS

Preamble

Averag

Sampling,

Reporting

and

Monitoring

Background

Concentrations

Dilution

~

Renumbered

Effluent Standards

Offensive Discharges

406.108

Non—point Source Mine Discharges

SUBPART

B:

TB-SPE?~P~G-EFF~ENP-ANBWATER

QUALITY

STANDARDS ~-PHMP9RAR~-RULES

Section

406. 201

406.202

406, 203

406.204

4 06.205

4 06, 206

406.207

406.208

406.209

Repealed

Violation

of

Water

Quality

Standards

Water

Quality-based

TDS

Permf~ Conditions

Good

Mininq

Practices

Contact

with

~Isturbed

Areas

Retention

arid

Control

of

Exposed

Waters

~ntrol

of Discharge Waters

Unconventional Prac~Tces

Expiration of Former Exemptions

AUTHORITY:

Implementing Sections

12 and 13 and authorized

by

Section

27 of the Environmental Protection Act

(Ill.

Rev.

Stat.

~9~9

1981,

ch.

111 1/2,

pars.

1012,

1013 and 1027).

SOURCE:

Adopted

in R76—20, R77—10,

39 PCB 196, at

4

Ill.

Reg.

34,

p.

164,

effective August

7,

1980;

codified at

5

Ill.

Req.

8527; emergency amendment

in

R83—6B at

7

Iii.

Req.

8386,

effective July

5,

1983,

for a maximum of 150 days;

amended in R83-6B at

7

Ill.

Reg.

14510, effective October

19,

1983;

amended in R83-6A at

7 Ill.

Reg.

_______-,

effective

Section

406.100

406.101

406.102

406.103

406. 104

406.105

406.

106

406.107

55-279

---

ILLiNOIS

REGISTER

POLLUTION

CONTROL

BOARD

TEXT

OF

PROPOSED

AMENDMENTS

FOR

CODIFICATION

SUOPART

A

qENEPAL

EFFLUENT

AND-WATER

M~P~STANDARDS

Section

406.104

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

effluent standards set forth

in this Subpart.

wither,

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

reasonableness

and

sound

enqineering judgment.

b)

In

making

determinations

as to what

kind

of treatment

is the best degree of treatment within the meaning

of this paragraph Section,

the following will 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.

c)

If

necessary

the

concentrations

so measured shall

be recomputed to exclude the effect of any dilution

that

is improper under this Section.

(Source:

Amended

at

8

Ill.

Req.

,

effective

Section

406.

105

Renumbered

±

.~

eh a

r~j

e—or

-

-

t~

~—

~ieu r e a

—

~ii4

-

d4~eharge— sha~

a~one—e~

~

~

~

~

~

~

55-280

---

ILLINOIS REGISTER

POLLUTION

CONTROL BOARD

TEXT OF PROPOSED AMENDMENTS FOR CODIFICATION

See

~

~

~

~

~

~

~

~

~

~-to

he codified

-~4~

(Source:

Section

406.105

renumbered to Section 406.202 and

amended at

8

Ill.

Req.

_____,

effective

___________________

)

Section 406.106

Effluent

Standards

a)

The

effluent

limitations

contained

in

Part

35

Ill.

Adm.

Code 304 e~—$~e---Water—Pe~t~sn

shall not apply

La mine discharges

Ci

non—poiiit

source mine discharges.~

b)

No person shall cause

or

allow

a mine discharge

eff1ue~L

Lu

exceed

the following levels ot con-

taminants:

Iron

(totai)~

Lead

(total)

Ammonia

1N~trogen (as N)

OH’

Zinc

(total)

Fluoride

(total)

Total

SUS~efldUd

soiids

Manganese

Storet

Number

Concentration

00435

(total acidity

shall not exceed

total

alkalinity)

35 mg/i

7

fl

mn/i

—

ConstiLuent

Acidity~

01045

01051

00610

00400

01092

00951

00530

iii n~c

3.5 mg/i

1

mg/i

5

mg/i

(rang~ 6 to

9)

5

mg/i

15

mg/l

55-281

---

ILLINOIS RI~(;ISTER

—_______

POLLUTION

CONTROL

BOARD

TEXT

OF

PROPOSED

AMENDMENTS

FOR

CODIFICATION

J.

c)

is Nnot subject to averaging.

d)

~The

ammonia

nitrogen

standard

is

Aepplicable

—~

only to an operator utilizing ammonia

in

waste—

water

treatment.

e)

3Any

overflow,

increase

in volume of

a discharge

—

or discharge

from a by-pass syscem caused

by

precipitation or snowmelt

shall

not

he

subject to

the

limitations

of

this Section e~ver~—by—th4~

~eetno4~e.

This exemption shall be available only

if

the

facility is designed,

constructed and

maintained

to contain or treat the volume of water

which would

fall on the areas eeverea-~y-th4~

s~bpa~tributary to the bypass during

a 10-year,

24—hour or larger precipitatf6~event

(or snowmelt

of equivalent volume).

The operator shall have

the burden

of demonstrating that the prerequisites

t3 an exemption set forth

in this subsection have

been met.

f)

The manganese effluent

limitation

is applicable

only

to discharges from

fac:rfities

where chernical

addition is req~

to

meet

the iron or pH

effluent limitations.

T~’~~perlimitopH

shall be

10 for any such facility that

is unable

to_complywi Lh the manqaiiese

limit aLpE

9.

This_i1miti~~otap~TTLcab1e

to mine dischar~es

which are associated

wf~th

areas where

no active

mining, processing or refuse disposal has taken

place

sin~eMay

13,

1976.

55-282

---

_____

iLLINOIS__REGISTER

P

OLLUTION

CONTROL

BOARD

TEXT

OF

PROPOSED

AMENDMENTS

FOR

CODIFICATION

SUBPART

B:

S+~H

~PHG+F~

EFFF~UENT ~NB

WATER

QUALITY

STANDARDS;

P~MP~RAP~

R~hBS

Section

406.201

e~afy-H~e~pt4en-freffi-Seet4en—4O6~5

~Leu

a*

~

deharqe-s-be-e~empt-~re~-the-requ4rement-e?

~

h*

~

~

per~

e*

~

the-fe~ew4n?j-eead4t4e~—are-met~.

~*

Phe-A~eney-e~ees-net-de~eate-~f4eant

adve

c-c

ound--the-reee~iq—wa~e~

~*

Phe-~er

ee—u~ni4~-1~e-the—h~eney—adequate

e~-a-pe-wa~er-py.~-a~

3-

~

de~ne~1-te-~e-deharge-ef-the-param—

e~e—~ee—exem~e~

d3-

~

~

~

~

~

e*

~

~

~

te-enee-~h-e—peree—444~ee-qee~—~4n4ng

~

55-283

---

iLLINOIS REGISTER

I~OLLUT

iON

CONT

ROb

BOARD

TEXT

OF

PROPOSED

AMENDMENTS

FOR

CODIFICATION

~.

Aer-dtt~

1.47-the-e~empt4e~-prev~e?1-4n-th~

Sec

~

(Source:

Repealed at

8

Ill.

Req.

,

effective

Section

406.202

Violat:ionoi Water Quality Standards

In

addition to the

othe~~~rements

of

this Part,

no mine

discharge

or

non-pciTht

source mine dischaj~ shall, alone or

in

combination

with

other_sources,

cause

a violation of

an

~ter~ity

standards

of 35Til.Adm.

Code 302 or

30

When the Agency finds that a discharge which would comply

with_effluent standards contained

in this Part would cause

~r

is causr~~iviolation

of water~jj~litystan~~

Agency shafl

take

appropriate

action under Section

~l

or 39

of

the Environmental Protection Act to reguire

the discharge

to meet whatever effluent limits are necessary

to ensure

compliance with the water quality standards.

When such

a

violation is caused b~Lj~hecumulative effect of more than

one source,

several sources may

be ~oinedTh

an enforcement

or variance

proceedine

and

measures

for

necessary

effluent.

reductions

will

be

determined

on

the

basis

of

technical

feasibility,

economic

reasonableness

and

fairness

to

all

dS9e

(Source:

Renumbered

from

Section

406.105

and

amended

at

8

Iii.

Reg.

,

effective

__________

_____

Section 406.203

Water Quality—based TDS Permit Conditions

a)

This Section

sets

Forth procedures b

which water

~juaiity-based

perm1i~

conditions

-or tota

disso ved

solids,

chloride

and sulfate may be established

~y~he

Agency;~hese procedures apply insteádof

Section 406.202 whenever

a permit applicant elects

~duncierthisSec

tion.

Apermitteemust

comply

with

water

quality—based

permit

conditions

for

total

dissolved

solids,

chloride

and

sulfate

established

p_ursuant

to

this

Section

instead

of

Section

406.202.

b)

Z\naj~anti~a~’electto proceed under this Section

by providing

the

requiied

iiiforiuationas

part of

a

new or renewed or supplemental state or NPDES permit

~iTT~at

ion.

55-284

---

ILlINOIS

REGISTER

_____

POLLUTION CONTROL BOARD

TEXT

OF

PROPOSED

AMENDMENTS FOR CODIFICATION

c)

The Agency shall establish permit

conditions

under

this

Section

if

all

of

the

following

conditions

are

met and

~pubiic_hearing

is

held:

1)

The

apj~1icant_submits

to the A~cn

dequate

pi

ouf

Lii~i

i~ the diseharqe wiii not cause

an

adverse

effect

on

the

environment

in

and

around

the

receivi.nq

stream

,~y~ither:

A)

Demonstrating

that

the

discharge

will

contain

a

concentration

less

than

or

equal

to 3500 mg/i sulfate

and

1000

mg/i

chloride;

or,

0)

II

the

uxj)ectcd

discharge

concentration

in

above

these

levels,

through

actual

stream

studies.

2)

The

~pj~~icant

submits

to

the

Agency

adequate

proof

that

the

discharge

will not adversely

elect_an

public

water

s~p±y;

and

3)

The

applicant

submits

to

the

that

it

is

utifizlng

y

odmining

practices

des~edto_minimize

discharge

of total

dissolved solids,_chloride_and sulfate.

4)

The applicant demonstrates that there is no

reasonable relationship between the economic

and social costs

and

the benefits obtained

from compliance

with

the w~~aii~

standards.

d)

The Agency may promu~ate under

35 Iii.

Adrn.

Code

40e.lOl(c;

a code otq~oodmining practices.

Cc~in~with

the code of

9ood

mining practices

shall be prima

facie evidence tha1~the applicant

is

utJTzing~ood

mI~

practic~

within

the

meaning of parngranh

(c) (3)

-

e)

Whenever

the

Agency

issues

a permit based on

—

this

Section,

it shall include such conditions

as may be

necessary

to ensure that:

1)

There

in no adverse effect on the environment

in and around the receiving stream

55-285

---

ILLINO

S

REGISTER

POLLUTION

CONTROL

BOARD

TEXT

OF

PROPOSF~

AMENDMENTS

FOR

CODIFICATION

2)

The

discha~e

does

not

adversely

af

Fe

an

3)

The

permittee

utilizes

qood

mining

j~ctices

~i~igned

to minimize

ifl

hargeof

total

ciis~otveUso~ids

,

chloride

end

su1f~ite.

I)

Whenever

the

Agency

issues

a

permi.

t

pursuant

to

~TsSti5TT~Th~Ffiidei~

a ~6nditiona

~

thet

the

pettbmie

~ency

effluentidata for total dissolved solids,

chloride

and

sulfate.

(Source:

Added

at

8

Iii.

Req.

,

effective

___________

Section 406.204

Good

Mining Practices

In determining whether

an operator

is utilizing good mining

practices designed to minimize dischar

e of total dissol~i~

~H~ioride

and sulfate,

t

e Agency

s aiTconsider

whether

the oerator

is

utiJizing

the_foUowir~~n~Tnin

practices,__Iurthei~e~Tx~:TT~i~T~R~ctions

indicate

a)

Practices

which

ma

sto

or minimize water

from

coming

into

contact wit~ isturf~~~reas

(Section

406~~

b)

Retention

and

control

within

the

site

of

waters

exposed

to

disturbed

materials

(Section

406.20~)

c)

Control

and

treatment

of

waters

discharged

from

the

site

(Section

406.207)

d)

Unconventional

Frac~~iJ~~Cti0n406.208).

(Source:

Added at

8

Ill.

Rag.

,

effective

Section 406.205

Contact:

with

Disturbed

Areas

In considering whether

an operator

is utilizing practices

which may stop or minimize water from coming into contac?

with

disturbed areas,

the Aqency shall

consider the exteñt

to

which

the

operator

is

utilizing

erosion

controls,

including:

55-286

---

—

ILLiNOiS

REGISTER

POLLUTION

CONTROL

BOARD

TEXT

OF

PROPOSED

AMENDMENTS

FOR

CODIFICATION

a)

Diversions

1)

Bypass

divers

ions

to

collect

and

convey

around or through toa receivEg

stream

waters that would otherwise

flow over or

~nrou~jn

disturbed

areas.

2)

On-site diversions

to convey water around or

over:

disturbed areas;

or,

undeniffiii~d

areas

connectecT~The surface.

3)

Intercej~ion

diversions

to

isolate

on—site

critical areas,

including,

but not limited

to:

raw spoils,

partially stabilized spoils

and highway access roads.

b)

Runoff Controls

I)

Staging

of clearing,

grubbing, scalping~

grading and reclamation operations

so that

the

various

stages

of the mining operation

are

kept concurrent with extraction opera-

tions,

and a minimum disturbed surface area

is exposed at any one time.

2)

Keeping

gradients

and

inclines

to

the

active

pit

as

short

as

possible

in

order

to

minimize

the

amount

of

drainage

going

to

the

active

pit.

3)

Soil

stabilization

through

measures

such

as

revegation and mulching

to reduce the poten—

tial for exposing materials which may prodü~e

total

dissolved solids,

4)

Sealing

of

horeholes

acting

as

conduits

allowing

the

uncontrolled

entrance

of

water

to underground mines or

to active pit areas

of

surface

mines.

5)

Lc?avinq

sufficient barriers whenever mining

adjacent_to

abandon~~er9round

workings

that

may

be

inundated with water.

6)

Disposal of potential contaminant producing

materials

as soon

as possible

in areas

55-287

---

ILLINOIS_RECISTER

POLLUTION CONTROL BOARD

TEXT OF PROPOSED AMENDMENTS FOR CODIFICATION

will prohibit or minimize contact with

surface

and

groundwater.

7)

Covering

or

treating

potential

contaminant

*

producing materials

SC)

as

to minimize adverse

~Tfects

on

water_qual~~

B)

Sealing

of

water—yielding

fracture

zones

encountered

during

underground

mining

to

reduce the

flow

of

high total dissolved

solids waters when geologic conditions permit

6~~ui

ll~and when

the

flow from

the

fracture

zone

contributes

significantly

to the totiF~Ts~i~lved

solidmiio~

in

the

mine discharge.

(Source:

Added at

8 Iii.

Req.

,

effective

Section 406.206

Retention and Control of Exposed Waters

In considering whether

an

operator

i_s utilizing practices

leading

to the retention and control within the site of

waters e~posedto disturbed materials,

the Agency shall

consider the extent

to

which

the

operator

is utilizing:

u)

Erosion Controls:

~g~adin9,

sloping and revegetatio

of disturbed soil surfaces

runoff.

b)

Sedimentation Controls:

appropriate routing and

runoff water

to minimize any effect on receiviii~

stream quality.

c)

Reuse of Discharges:

Reuse of water bearing high

concentrations

of total dissolved solids, whenever

possible,

including:

1)

Recirculation

ponds

to

recycle

water

to

the

—

prepar~ion

pl~it.

2)

Recir-culation ponds

to provide water for

~L’.3L~)W1U

UU~LLUHL.LU.L.

55-288

---

ILLINOIS

REGISTER

POLLUTION

CONTROL

BOARD

TEXT OF PROPOSEI) AMENDMENTS

FOP.

CODIFICATION

3)

HoLding

ponds

to

provide

irrigation

waters

——

to

recfi

di

corajacent

crop

land

with tolerances

to accept higher concentrations

of_total dissolved solids.

~L

imum

Exposure

ot Waters to Disturbed

Materials:

1)

~±ication

of water management practices,

either

continuoubly

or

at

frequent

intervals,

in

order

to

minimize water contact with

di

s

turbedma~TiT~7

2)

Prevention of accumulation of waters

in

active pits,

benches, terraces,

roads, proces-

sing

areas,

surface

depressions

and

under—

groundi~~orkings

and

cavities

where

the

dissolution

of

co~taininants

will

be

facilitated.

3)

Removal

of water to diversions and appropriate

impoundments

as soon as possible

to minimize

additional loadings of total dissolved solids.

(Source:

Added

at

8

ill.

Req.

,

effective

Section

406.207

Control

of

Disch~c

Waters

In

considering whether

an operator

is utilizing practices

leading

to control and treatment of waters

discharged from

the

site containing elevated levels of total

dissolved

solids,

chloride or

sulfate,

~

e

shall

consider the

extent to which the operator

is

utilìzinq:

a)

Regulation of discharges when other control methods

are insufTicient and chemical treatment is economi-

cafl~nfeasjb1e, including:

I)

Regulating

the

f.Low

of

discharges

high

in

total

dissolved

solids

in

accordance with

fluctuating or int.ermittent~am.o~i

so

that

the concentration of total dissolved

solids remains within established water

quality standards;

or

2)

Requlati~~he flow or fluctuation of

receiv—

—

my

streams

~

from

55-289

---

ILLINOIS

REGISTER

POLLUTION CONTROL BOARD

TEXT OF PROPOSED AMENDMENTS

FOP. CODTFICATION

existing

impoundments_which

have suitable

~T~charge

control structures.

h)

Rerouting over economically feasible distances,

involving collecti~gdischarges and conveying them

to

more

suitanie

dischar~e

points,

such

as

la~

I~ldix~ponds located adjacent tomore

suitable

receiving

streams

where dilution anJ76~water

~JJt

y

is

better.

Section

406.208

Unconventional_Practices

in considering

whether

an

operator

is

utilizing

unconventional

practices

to

prevent

production

or discharge of elevated

Levels

of

total

dissolved

solids,

chl63~i~i~d

sulfate,

the

Aqency shall consider the exten?T~which

the operator

is

utilizing:

a)

Diversion of groundwater by intercepting the

flow

path

prior

toen~rincj

a

~

~~grou~

~T~e

when

it

is

determined

by

the

mine

operator

to

~~economi~il~re:erabie

to treating contamina~d

water

after~ir

passes

through

a

mine.

h)

Dewatering practices that remove clean

formation

water

before contacti

t~Ra~tota1

dissolved

solids

producing

materials,

including

several

theoretical techniq~zhichca~E~pioyeto

tap nonpolluted

aquifers

in

order

to reduce the

amount

of

water

entering

a

mine.

c)

Any

additional

j

notices

which

the

operator

demon-

strates

t.o

15~effective

i.n

~

total

di~solved

solIds,

chloride

a~F~~in

di

ci

5

(Source:

Added

at

8

Ill.

Req.

,

effective

Section

406.

209

E~pirationof_Former-Exemptions

a)

Exemptions

from

the

water

quality

standards

granted

to the effective., date

of Se.ct~on406.203

shall continue

until

any

of

the foiTowing events

occurs:

55-290

---

ILLINOIS REGISTER___

POLLUTION CONTROL BOARD

TEXT OF PROPOSED AMENDMENTS

FOR

CODIFICATION

Ii

~y

tate2

NPpES

er-mit

for

the

facility

expires,

or

is

revoked,

renewed

or

reissued

2)

Any

State

or

NPDES

permit_for

the

facility

is

*

moc1irie~,uniesstnei,p,~ess~~on

tinue

s

the_exemption pending revie~~rrsuantto

~)

~~~p±icati

on period set pur

sua

gr~~fl,,,jb)e~reswith~,~E,lication having

been red~I~ed;

4)

The Agency

grants

or

cThniesaj~,,ermit

under

Section 406.203

b)

The

Agency~ay ~uire2p

ofor

review

pursuant

to

Section

406.~y~ifyi~g

individual

permit

tees

and setting

a date

for application not

less

than 15 months

aftesth~a~noT~gi~n.

c)

~~pp,e

a 1

to

the

Board

I s

filed,~~ptions

continue

until the Board enters

a’final

order

di~j,~nof~_appeal,

(Source:

Added

at

8

ill.

Req.

______,

effective

.1

55-291