Illinois Administrative Code

Section 310.351 Modification or Withdrawal of Removal Credits a) Notice to POTW. The Agency must notify the POTW if, on the basis of pollutant removal capability reports received pursuant to Section 310.350(c) or other information available to it, the Agency determines: 1) That o…

Section 310.400 Preamble a) Subpart D contains rules for the issuance of pretreatment permits by the Agency when the Agency is acting as the Control Authority. Subpart D does not apply if the POTW is the Control Authority. b) Industrial users with pretreatment permits are not req…

Section 310.401 Pretreatment Permits a) An industrial user must not, without a pretreatment permit, discharge to a POTW, unless the discharge is to a POTW with a pretreatment program approved under Subpart E. b) An industrial user that does not have a pretreatment permit must app…

Section 310.402 Time to Apply a) Any person required to have a pretreatment permit must file an application with the Agency at least 90 days before the date on which the permit is required. b) Any permittee who wishes to continue to discharge after the expiration date of a pretre…

Section 310.403 Imminent Endangerment Under Section 34 of the Act [415 ILCS 5/34] the Agency must declare an emergency and seal any wastewater source or discharge if it determines that the discharge presents an imminent endangerment to the health or welfare of persons. (Source: A…

Section 310.410 Application a) Applications for pretreatment permits must include the following information: 1) The location of the wastewater source and discharge; 2) The location of the sewer to which the industrial user will discharge; 3) The POTW and treatment works that will…

Section 310.411 Certification of Capacity The industrial user must obtain from the POTW and from the owners of any intermediate sewers that will receive the wastewater a signed statement certifying that they have adequate capacity to treat and transport the wastewater without vio…

Section 310.412 Signatures a) If a corporation submits an application, one of the following persons must sign the application: 1) A principal executive officer of at least the level of vice president; or 2) An authorized agent of the corporation, if the agent is responsible for t…

Section 310.413 Site Visit If the Agency determines that a site visit is necessary for the Agency to evaluate the application, it must notify the applicant within 30 days after receiving the application and arrange to visit the site. Failure to allow a site visit renders the appl…

Section 310.414 Completeness a) An application must be deemed filed when the Agency receives all information, documents, and authorizations in the form specified in this Part. b) The Agency must notify applicants of incomplete applications within 30 days after the Agency receives…

Section 310.415 Time Limits a) If a permittee files a timely application for renewal of an existing pretreatment permit, the existing permit must continue until the Agency takes final action on the new application. b) If the Agency fails to take action on an application for a new…

Section 310.420 Standard for Issuance The Agency must issue a pretreatment permit to the industrial user in either of the following circumstances: a) If the industrial user demonstrates that the discharge will meet the requirements and standards of this Part and 35 Ill. Adm. Code…

Section 310.421 Final Action a) If the Agency denies a pretreatment permit, it must send the applicant a written statement of the reasons for denial, as provided by Section 39(a) of the Act [415 ILCS 5/39(a)]. b) The date of the Agency's final action must be the date the pretreat…

Section 310.430 Conditions The Agency must impose the following conditions in each permit: a) Discharge limitations based on 35 Ill. Adm. Code 307. b) More stringent discharge limitations based the ability of the POTW to treat the discharge without interference or pass through. c…

Section 310.431 Duration of Permits No pretreatment permit may have a duration longer than five years. In establishing earlier expiration dates, the Agency must consider the following: a) Coordination with future compliance deadlines; b) Maintenance of intensive control over new …

Section 310.432 Schedules of Compliance a) The Agency must establish a schedule of compliance in any pretreatment permit unless the industrial user demonstrates compliance with this Part and 35 Ill. Adm. Code 307. b) Schedules of compliance must require the permittee to take spec…

Section 310.441 Effect of a Permit Existence of a pretreatment permit is a defense only to a charge of operation without a permit.

Section 310.442 Modification a) The permittee may request modification of the permit at any time by filing an application. b) If the Agency finds new information or if the Board adopts new regulations relevant to the permit, the Agency must notify the permittee that it intends to…

Section 310.443 Revocation The Board may revoke a pretreatment permit under Section 33 of the Act [415 ILCS 5/33] and 35 Ill. Adm. Code 103. Causes for revocation of a permit include: a) Violating permit conditions, including schedules of compliance, monitoring, and inspection; b…

Section 310.444 Appeal Within 35 days after final Agency action, the applicant may appeal the denial of a pretreatment permit, or the issuance of a pretreatment permit with conditions, to the Board pursuant to Section 40 of the Act [415 ILCS 5/40] and 35 Ill. Adm. Code 105. (Sour…

Section 310.501 Pretreatment Programs Required a) The Agency must require any POTW (or combination of POTWs operated by the same authority) with a total design flow greater than five million gallons per day (mgd) that receives discharges that fulfill either of the following condi…

Section 310.502 Deadline for Program Approval A POTW that meets the criteria of Section 310.501 must receive approval of a POTW pretreatment program no later than one year after the issuance, reissuance, or renewal of the POTW's NPDES permit to require development of a pretreatme…

Section 310.503 Incorporation of Approved Programs in Permits A POTW may develop an appropriate POTW pretreatment program any time before the time limit set forth in Section 310.502. The approved POTW pretreatment program must be incorporated into the POTW's NPDES permit. The mod…

Section 310.504 Incorporation of Compliance Schedules in Permits If the POTW does not have an approved pretreatment program at the time the POTW's existing NPDES permit is reissued or modified, the reissued or modified permit must contain the shortest reasonable compliance schedu…

Section 310.505 Reissuance or Modification of Permits The Agency must modify or reissue a POTW's NPDES permit to accomplish any of the following: a) Put the POTW on a compliance schedule for the development of a POTW pretreatment program if the addition of pollutants into a POTW …

Section 310.510 Pretreatment Program Requirements A POTW pretreatment program must be based on the following legal authority and include the following procedures, and these authorities and procedures must at all times be fully and effectively exercised and implemented: a) Legal A…

Section 310.511 Receiving Electronic Documents A POTW that chooses to receive electronic documents must satisfy the requirements of Section 310.106. BOARD NOTE: Derived from 40 CFR 403.8(g), as added at 70 Fed. Reg. 59848 (Oct. 13, 2005). (Source: Added at 30 Ill. Reg. 17847, eff…

Section 310.521 Program Approval A POTW requesting approval of a POTW pretreatment program must develop a program description that includes the information set forth in Section 310.522(a) through (d). This description must be submitted to the Agency, which will make a determinati…

Section 310.522 Contents of Program Submission The program description must contain the following information: a) A statement from the attorney or other official acting in a comparable capacity for the unit of local government that the POTW has authority adequate to carry out the…

Section 310.524 Content of Removal Allowance Submission The request for authority to revise categorical pretreatment standards must contain the information required in Section 310.340. BOARD NOTE: Derived from 40 CFR 403.9(d) (2003). (Source: Amended at 47 Ill. Reg. 5083, effecti…

Section 310.531 Agency Action Any POTW requesting POTW pretreatment program approval must submit to the Agency three copies of the submission described in Section 310.522, and, if appropriate, Section 310.524. Within 60 days after receiving the submission, the Agency must make a …

Section 310.532 Defective Submission If, after reviewing the submission under Section 310.531, the Agency determines that the submission does not comply with the requirements of Section 310.522, or, if appropriate, Section 310.524, the Agency must provide notice in writing to the…

Section 310.533 Water Quality Management The Agency must review POTW pretreatment programs to assure consistency with water quality management plans. BOARD NOTE: Derived from 40 CFR 403.9(g) (2003). (Source: Amended at 28 Ill. Reg. 3390, effective February 6, 2004)

Section 310.541 Deadline for Review The Agency has 90 days from the date of public notice of any submission complying with the requirements of Section 310.522, and, if removal credit authorization is sought, with Sections 310.340 and 310.524, to review the submission. The Agency …

Section 310.542 Public Notice and Hearing Upon receiving a submission, the Agency must commence its review. Within 20 work days after determining that a submission meets the requirements of Section 310.522, and, where removal allowance approval is sought, Sections 310.340 and 310…

Section 310.543 Agency Decision At the end of the 30-day (or extended) comment period and within the 90-day (or extended) period provided for in Section 310.541, the Agency must approve or deny the submission based upon the evaluation in Section 310.541 and considering comments s…

Section 310.544 USEPA Objection The Agency must not approve any pretreatment program or authorization to grant removal credits to which USEPA objects pursuant to 40 CFR 403.11(d) (2003). The POTW may contest such an objection only as provided by USEPA rules and procedures. BOARD …

Section 310.545 Notice of Decision The Agency must notify those persons who submitted comments and participated in the public hearings, if held, of the approval or disapproval of the submission. In addition, the Agency must cause to be published a notice of approval or disapprova…

Section 310.546 Public Access to Submission The Agency must ensure that the submission and any comments upon such submission are available to the public for inspection and copying. BOARD NOTE: Derived from 40 CFR 403.11(f) (2003). (Source: Amended at 28 Ill. Reg. 3390, effective …

Section 310.547 Appeal Any final Agency action refusing to approve, or approving with conditions, a pretreatment program, may be appealed to the Board as part of an appeal of the Agency's action on the NPDES permit application. SUBPART F: REPORTING REQUIREMENTS

Section 310.601 Definition of Control Authority (Repealed) (Source: Repealed at 30 Ill. Reg. 17847, effective October 26, 2006)

Section 310.602 Baseline Report Within the time limits specified in subsection (h), existing industrial users subject to such categorical pretreatment standards and currently discharging to or scheduled to discharge to a POTW must submit to the Control Authority a report that con…

Section 310.603 Compliance Schedule The following conditions apply to the schedule required by Section 310.602(g): a) The schedule must contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operatio…

Section 310.604 Report on Compliance with Deadline Within 90 days following the date for final compliance with applicable categorical pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any industrial use…

Section 310.605 Periodic Reports on Compliance a) After the compliance date of a pretreatment standard, or, in the case of a new source, after commencement of the discharge into the POTW, any industrial user subject to a categorical pretreatment standard (except a non-significant…

Section 310.606 Notice of Potential Problems All categorical and non-categorical industrial users must notify the POTW immediately of all discharges that could cause problems to the POTW, including any slug loadings, as defined by Section 310.202 and 35 Ill. Adm. Code 307.1101, b…

Section 310.610 Monitoring and Analysis a) Except in the case of a non-significant categorical user, the reports required in Sections 310.602(e), 310.604, 310.605, and 310.611 must contain the results of sampling and analysis of the discharge, including the flow and the nature an…