Illinois Administrative Code

Section 309.221 Applications -- Contents a) All applications for any permit required under Subpart B must contain, when appropriate, the following information and documents: 1) A complete description of the volume and nature of the wastewater influent and effluent to be transport…

Section 309.222 Applications – Signatures and Authorizations a) An application submitted by a corporation must be signed by a principal executive officer of at least the level of vice president, or a duly authorized representative who is responsible for the overall operation of t…

Section 309.223 Applications – Delivery All permit applications must be mailed or delivered to the appropriate address designated by the Agency. (Source: Amended at 47 Ill. Reg. 5017, effective March 23, 2023)

Section 309.224 Applications – Time to Apply Any person required under Subpart B to have a permit must apply with the Agency at least 90 days before the date on which the permit is required. (Source: Amended at 47 Ill. Reg. 5017, effective March 23, 2023)

Section 309.225 Applications – Filing and Final Action By Agency a) An application for a permit under Subpart B is not deemed to be filed until the Agency has received, at the designated address, all information, documents, and authorizations in the form and with the content requ…

Section 309.241 Standards for Issuance a) The Agency must not grant any permit required by this Subpart B, except an experimental permit under Section 309.206, unless the applicant submits adequate proof that the treatment works, pretreatment works, sewer, or wastewater source wi…

Section 309.242 Duration and Termination of Permits Issued Under Subpart B a) Construction permits for sewers and wastewater sources must require that construction be completed within two years. Construction permits for treatment works and pretreatment works must require that con…

Section 309.243 Conditions In addition to specific conditions authorized under this Subpart B, the Agency may impose such conditions in any permit issued pursuant to this Subpart B as may be necessary to accomplish the purposes of the Act, or this Chapter, or the CWA, provided su…

Section 309.244 Appeals from Conditions in Permits An applicant may consider any condition imposed by the Agency in a permit issued under Subpart B as a refusal by the Agency to grant the permit, which entitles the applicant to appeal the Agency's decision to the Board under Sect…

Section 309.261 Permit No Defense Except as provided in Section 309.206, the issuance and possession of a permit under this Subpart B does not constitute a defense to a violation of the Act or this Chapter, except for construction or operation without a permit. (Source: Amended a…

Section 309.262 Design, Operation, and Maintenance Criteria a) The Agency may adopt criteria for the design, operation, and maintenance of treatment works, pretreatment works, sewers, and wastewater sources. These criteria may be revised periodically to reflect current engineerin…

Section 309.263 Modification or Renewal of Permits a) Any permit issued by the Agency under Subpart B may be modified or renewed to make its provisions compatible with any new regulation adopted by the Board. b) Persons with operating permits for pretreatment works subject to thi…

Section 309.264 Permit Revocation a) A permit issued under Subpart B may be revoked for cause, which includes the following: 1) Cause as set forth in Section 309.182(b); or 2) Delinquency in payment of any charges that may be required to be paid under section 204(b) of the Clean …

Section 309.265 Approval of Federal Permits The Agency must not approve any effluent discharge for the purpose of any federal permit (other than an NPDES Permit issued by the Administrator), unless the discharge complies with all provisions of the Act and this Chapter, has been g…

Section 309.266 Procedures (Repealed) (Source: Repealed at 47 Ill. Reg. 5017, effective March 23, 2023)

Section 309.281 Effective Date (Repealed) (Source: Repealed at 47 Ill. Reg. 5017, effective March 23, 2023)

Section 309.282 Severability (Repealed) (Source: Repealed at 47 Ill. Reg. 5017, effective March 23, 2023)

Section 309.APPENDIX A REFERENCES TO PREVIOUS RULES (Repealed) (Source: Repealed at 47 Ill. Reg. 5017, effective March 23, 2023)

Section 310.101 Applicability a) This Section is intended as a general guide to persons using this Part 310 and does not supersede more specific requirements in this Part. b) This Part includes the following: 1) Requirements for submission to the Agency of pretreatment programs b…

Section 310.102 Objectives This Part satisfies the requirement of Section 13.3 of the Environmental Protection Act (Act) [415 ILCS 5/13.3] that the Board adopt rules that are identical in substance with United States Environmental Protection Agency (USEPA) regulations implementin…

Section 310.103 Federal Law a) The Board intends that this Part be identical in substance with the pretreatment requirements of the federal Clean Water Act (33 U.S.C. 1251 et seq.) and United States Environmental Protection Agency (USEPA) regulations at 40 CFR 401 through 471. b)…

Section 310.104 State Law a) 35 Ill. Adm. Code 307 includes three types of prohibitions and pretreatment standards: 1) Prohibitions, including prohibitions adopted by USEPA at 40 CFR 403.5 and more stringent prohibitions adopted by the Board (e.g., 35 Ill. Adm. Code 307.1101); 2)…

Section 310.105 Confidentiality a) Information and data provided to the Control Authority under this Part that is effluent data must be available to the public without restriction. b) For the Board and Agency, confidentiality is governed by 35 Ill. Adm. Code 130 and 161. c) The A…

Section 310.106 Electronic Reporting The submission of any document under any provision of this Part is subject to this Section. a) General Federal Requirements for Electronic Reporting 1) Scope and Applicability A) USEPA has established standards for the submission of electronic…

Section 310.107 Incorporations by Reference a) The following publications are incorporated by reference for this Part and 35 Ill. Adm. Code 307: Combined Sewer Overflow (CSO) Control Policy (April 1994) (USEPA document number EPA-830-B-94-001), available from National Service Cen…

Section 310.110 Definitions The following definitions, derived from the general definitions of 40 CFR 401.11 and the pretreatment-specific definitions of 40 CFR 403.3, apply to this Part and 35 Ill. Adm. Code 307: "Act" means the Environmental Protection Act [415 ILCS 5]. "Agency…

Section 310.111 New Source a) "New source" means any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the date specified in 35 Ill. Adm. Code 307 for the particular source category or…

Section 310.112 Significant Industrial User a) Except as provided in subsections (b) and (c), the term "significant industrial user" means the following: 1) An industrial user subject to any of the categorical pretreatment standards under Sections 310.220 through 310.222, 310.230…

Section 310.201 General Prohibitions a) No industrial user may introduce into a POTW any pollutant that causes pass through or interference. b) Affirmative defenses. An industrial user has an affirmative defense in any action brought against it alleging a violation of subsection …

Section 310.202 Specific Prohibitions No person may cause or allow the introduction into a POTW of the pollutants specified in 35 Ill. Adm. Code 307.1101(b). BOARD NOTE: Derived from 40 CFR 403.5(b) (2005), as amended at 70 Fed. Reg. 60134 (Oct. 14, 2005). (Source: Amended at 30 …

Section 310.210 Local Limits Developed by POTW a) Each POTW that is required to develop a pretreatment program must develop and enforce, as part of the program, local limits to implement the prohibitions listed in Sections 310.201(a) and 310.202. Each POTW with an approved pretre…

Section 310.211 Status of Local Limits If a POTW develops local limits in the form of specific prohibitions or limits on pollutants, pollutant parameters, or BMPs, such local limits are to be considered pretreatment standards for the purposes of this Part. BOARD NOTE: Derived fro…

Section 310.220 Categorical Standards Pretreatment standards specifying quantities or concentrations of pollutants or pollutant properties that may be discharged to a POTW by an existing or new industrial user in specific industrial source category or subcategory will be establis…

Section 310.221 Source Category Determination Request a) Application Deadline 1) The industrial user or POTW may request that the Agency provide written certification as to whether the industrial user falls within that particular source category or subcategory. If an existing ind…

Section 310.222 Deadline for Compliance with Categorical Standards a) If a compliance date for an existing or new source categorical pretreatment standard is adopted or incorporated by reference in 35 Ill. Adm. Code 307, then industrial users must comply with the standard by the …

Section 310.230 Concentration and Mass Limits a) Pollutant discharge limits in categorical pretreatment standards will be expressed either as concentration or mass limits. Limits in categorical pretreatment standards must apply to the discharge from the process regulated by the s…

Section 310.232 Dilution Prohibited as a Substitute for Treatment Except where expressly authorized to do so by an applicable categorical pretreatment standard or requirement, no industrial user may increase the use of process water or, in any other way, attempt to dilute a disch…

Section 310.233 Combined Waste Stream Formula If process wastewater is mixed prior to treatment with wastewaters other than those generated by the regulated process, the Control Authority (or the industrial user with the written concurrence of the Control Authority) must derive f…

Section 310.301 Special Definitions For Subpart C, the following definitions apply: "Consistent removal" means the average of the lowest 50% of the removals measured according to Section 310.311. All sample data obtained for the measured pollutant during the time period prescribe…

Section 310.302 Authority Any POTW receiving wastes from an industrial user to which a categorical pretreatment standard applies may, at its discretion and subject to the conditions of Subpart C, grant removal credits to reflect removal by the POTW of pollutants specified in the …

Section 310.303 Conditions for Authorization to Grant Removal Credits The Agency must authorize a POTW to grant removal credits only if the following conditions are met: a) The POTW applies for and receives authorization from the Agency to grant a removal credit in accordance wit…

Section 310.310 Calculation of Revised Discharge Limits Revised discharge limits for a specific pollutant must be derived by use of the following formula: y = 100x (100 - r) where: x = Pollutant discharge limit specified in the applicable categorical pretreatment standard. r = Re…

Section 310.311 Demonstration of Consistent Removal The Agency must authorize a POTW to grant a removal credit that does not exceed the POTW's consistent removal rate. To demonstrate consistent removal, the POTW must, for each pollutant with respect to which removal credit author…

Section 310.312 Provisional Credits For pollutants that are not currently being discharged (new or modified facilities, or production changes) the POTW may apply for provisional authorization to revise the applicable categorical pretreatment standard prior to initial discharge of…

Section 310.320 Compensation for Overflow A POTW that overflows untreated wastewater to receiving waters one or more times in a year may claim consistent removal of a pollutant only by complying with subsection (a) or (b). However, this Section will not apply if an industrial use…

Section 310.330 Exception to POTW Pretreatment Requirement A POTW required to develop a local pretreatment program under Subpart E may grant removal credits conditionally pending approval of such a program in accordance with the following terms and conditions: a) All industrial u…

Section 310.340 Application for Removal Credits Authorization a) Any POTW that wants to grant a removal credit may apply for authorization from the Agency. b) The POTW must submit to the Agency an application for authorization to grant removal credits (or modify existing ones). c…