ILLINOIS

POLLUTION CONTROL BOARD

May

13,

1982

In the matter of:

MODIFICATION OF NPDES

RULES

)

R82-lO

TO AGREE WITH UIC RULES

)

PROPOSED RULE.

FIRST NOTICE

OPINION

AND

ORDER OF THE BOARD

(by D. Anderson):

The Board has pending before it a proposal to adopt

an underground injection control

(UIC)

permit program under

the Safe Drinking Water Act, P.L.

93-523

(SDWA).

The Board’s

NPDES rules currently require NPDES permits for well injection

(Subpart A, Part IX,

Ch.

3,

codified as Subpart A, Part 309).

This proposal would delete from Part 309 all requirements

applicable to wells.

Federal law does not require NPDES permits for underground

injection;

“waters of the United States”

does not include

groundwater

(40 CFR 122.3).

However,

the first paragraph of

Section 12(f)

of the Environmental Protection Act

(Act)

does

specifically require an NPDES permit for underground injection,

in spite of the second paragraph which states that no permit

shall be required for any discharge for which no permit is

required under the Federal Water Pollution Control Act

(now

known as the Clean Water Act).

Section 12(g),

as amended by P.A.

82-380, contains specific

provisions for a UIC permit program.

Read literally, Sections

12(f)

and 12(g)

appear to require two permits.

The Board pro-

poses to amend the NPDES rules to deem persons with UIC permits

in compliance with the NPDES permit requirement for the well.

The Clerk is directed to prepare

a first notice for publi-

cation in the Illinois Register.

This matter will be consoli-

dated with R82-5 for purposes of hearings.

ORDER

The Board proposes to amend Part 309 of Subtitle

C as

follows:

Section 309.102

NPDES Permit Required

a.

Except

as in compliance with the Act, Board

regulations and the CWA, and the.provisions

47-119

---

—2—

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,

b.

Neither an NPDES

permit

nor a state permit is

—

required for any discharge into

a well which is

authorized by a UIC (Underground Injection Control)

permit issued by the Agency pursuant to Parts

702

and 704 of Subtitle G~ For such wells, compliance

with the UIC permit requirement of Section 12(g)

is deemed compliance with the NPDES permit require-

ment of Section 12(f)

of the Act.

Source:

Amended at 6

Iii,

Reg~

,

effective

as provided

in Section 309.191.

~

~

eo4~4ei~s-

as-may-be-

~e

~

-the

~

~e

he~th-a-we~a~e~

Section 309.191

Effective Date

~

~

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~

a.

Except as otherwise provided, Subpart A became effective

on October 24, 1977.

b.

The UIC permit exception of Section 309.102(b)

will become

—

~ffective upon filing with the Secretary of State of a

I~terfrom USEPA approving the UIC program for the State

of Illinois

pursuant

to

Section

t422

of

the

Safe

Drinking

Water

Act

(42 U.S.C.

300f et seq.)

and 40 CFR 123.

Source:

Amended at 6 Iii.

Reg.

____,

effective

_____________

IT

IS SO ORDERED.

47-120

---

—3—

I,

Christan

L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby ce~tify

that

the above Opinion and Order

were adopted~nthe

~

day of

________________,

1982 by

a vote of

~-Q

.

trol Board

47-121