Illinois Administrative Code

Section 310.621 Compliance Schedule for POTWs The following conditions and reporting requirements must apply to the compliance schedule for the development of an approvable POTW pretreatment program required by Sections 310.501 through 310.510. a) The schedule must contain increm…

Section 310.631 Signatory Requirements for Industrial User Reports The reports required by Sections 310.602, 310.604, and 310.605 must include the certification statement as set forth in Section 310.221(b)(2) and must be signed as follows: a) By a responsible corporate officer, i…

Section 310.632 Signatory Requirements for POTW Reports Reports submitted to the Agency by the POTW in accordance with Section 310.612 must be signed by a principal executive officer, ranking elected official, or another duly authorized employee. The duly authorized employee must…

Section 310.633 Fraud and False Statements The reports required by this Subpart are subject to Section 1001 of Crimes and Criminal Procedure (18 U.S.C. 1001), incorporated by reference in Section 310.107, relating to fraud and false statements; section 309(c)(4) of the CWA (33 U.…

Section 310.634 Recordkeeping Requirements a) Any industrial user and POTW subject to the reporting requirements established in this Subpart must maintain records of all information resulting from any monitoring activities required by this Subpart F, including documentation assoc…

Section 310.635 Notification of Discharge of Hazardous Waste a) Requirement for Notification 1) The industrial user must notify the POTW; the Director, Waste Management Division, USEPA Region 5, 230 South Dearborn Street, Chicago, Illinois 60604; and the Manager, Division of Land…

Section 310.636 Annual Certification by Non-Significant Categorical Users A facility defined as a non-significant categorical industrial user in Section 310.110 must annually submit the following certification statement, signed in accordance with the signatory requirements in Sec…

Section 310.637 Receiving Electronic Documents A Control Authority that chooses to receive electronic documents must satisfy the requirements of Section 310.106. BOARD NOTE: Derived from 40 CFR 403.12(r), as added at 70 Fed. Reg. 59848 (Oct. 13, 2005). (Source: Added at 30 Ill. R…

Section 310.701 Definition of Requester The term "requester" means an industrial user or a POTW or other interested person seeking a fundamentally different factors (FDF) determination from the limits specified in a categorical pretreatment standard. BOARD NOTE: Derived from 40 C…

Section 310.702 Purpose and Scope It may be necessary on a case-by-case basis to adjust the limits in categorical pretreatment standards, making them either more or less stringent, as they apply to a certain industrial user within an industrial category or subcategory. This will …

Section 310.703 Criteria a) General Criteria. A request for an FDF determination may be approved only if the following are true: 1) There is an applicable categorical pretreatment standard that specifically controls the pollutant for which alternative limits have been requested; …

Section 310.704 Fundamentally Different Factors Factors that may be considered fundamentally different are the following: a) The nature or quality of pollutants contained in the raw waste load of the industrial user's process wastewater; b) The volume of the industrial user's pro…

Section 310.705 Factors that are Not Fundamentally Different An FDF request or portion of such a request under this Subpart G must not be granted on any of the following grounds: a) The feasibility of installing the required waste treatment equipment within the time the federal C…

Section 310.706 More Stringent State Law a) The Agency may not grant FDF determinations with respect to more stringent pretreatment standards adopted pursuant to independent Board authority (35 Ill. Adm. Code 307.1102 and 307.1103). b) Nothing in this Subpart G may be construed t…

Section 310.711 Application Deadline a) Request for an FDF determination and supporting information must be submitted in writing to the Agency. b) To be considered, requests for FDF determinations must be submitted within the following time limits: 1) Prior to authorization of th…

Section 310.712 Contents of FDF Request Written requests for an FDF determination must include: a) The name and address of the person making the request; b) Identification of the interest of the requester that is affected by the categorical pretreatment standard for which the FDF…

Section 310.713 Deficient Requests The Agency may act only on written requests of FDF determination that contain all of the information required. The Agency must notify persons who have made incomplete submissions that their requests are deficient and that, unless the time period…

Section 310.714 Public Notice Upon receipt of a complete request, the Agency must provide notice of receipt, opportunity to review the submission and opportunity to comment. a) The public notice must be circulated in a manner designed to inform interested and potentially interest…

Section 310.721 Agency Review of FDF Requests a) Where the Agency finds that fundamentally different factors do not exist, it must deny the request and notify the requester (and industrial user where they are not the same) and the POTW of the denial. b) If the Agency finds that f…

Section 310.722 USEPA Review of FDF Requests a) USEPA will deny or approve the request for an FDF determination as provided in 40 CFR 403.13(l) and (m) (2003). b) The Agency may not grant an FDF request unless it has been approved by USEPA. c) Appeal. 1) The requester may appeal …

Section 310.801 Net/Gross Calculation The Control Authority may adjust categorical pretreatment standards to reflect the presence of pollutants in the industrial user's intake water as provided in 40 CFR 403.15, incorporated by reference in Section 310.107(b). BOARD NOTE: Derived…

Section 310.901 Definition For the purposes of this Subpart I, "upset" means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the industrial user. An ups…

Section 310.902 Effect of an Upset An upset may constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of Section 310.903 are met. BOARD NOTE: Derived from 40 CFR 403.16(b) (2003). (Source: Amended at 2…

Section 310.903 Conditions Necessary for an Upset An industrial user who wishes to establish the affirmative defense of upset must demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence, that the following has occurred: a) An upset occurr…

Section 310.904 Burden of Proof In any enforcement proceeding, the industrial user seeking to establish the occurrence of an upset must have the burden of proof. BOARD NOTE: Derived from 40 CFR 403.16(d) (2003). (Source: Amended at 28 Ill. Reg. 3390, effective February 6, 2004)

Section 310.905 Reviewability of Claims of Upset In the usual exercise of prosecutorial discretion, Agency enforcement personnel should review any claims that non-compliance was caused by an upset. No determinations made in the course of the review constitute final Agency action …

Section 310.906 User Responsibility in Case of Upset The industrial user must control production or all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility …

Section 310.910 Definitions For the purposes of this Subpart J, the following definitions apply: "Bypass" means the intentional diversion of waste streams from any portion of an industrial user's treatment facility. "Severe property damage" means substantial physical damage to pr…

Section 310.911 Bypass Not Violating Applicable Pretreatment Standards or Requirements An industrial user may allow any bypass to occur that does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient …

Section 310.912 Notice a) If an industrial user knows in advance of the need for a bypass, it must submit prior notice to the Control Authority, if possible at least 10 days before the date of the bypass. b) An industrial user must submit oral notice of an unanticipated bypass th…

Section 310.913 Prohibition of Bypass a) Bypass is prohibited unless the following are true: 1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; 2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment…

Section 310.920 General Either the Agency or a POTW with an approved POTW pretreatment program may initiate program modification at any time to reflect changing conditions at the POTW. Program modification is necessary whenever there is a significant change in the operation of a …

Section 310.921 Substantial Modifications Defined Substantial modifications include the following types of modifications: a) Modifications that relax POTW legal authorities (as described in Section 310.510(a)), except for modifications that directly reflect a revision to this Par…

Section 310.922 Approval Procedures for Substantial Modifications a) The POTW must submit to the Agency a statement of the basis for the desired program modification, a modified program description (see Section 310.522), or such other documents the Agency determines to be necessa…

Section 310.923 Approval Procedures for Non-Substantial Modifications a) The POTW must notify the Agency of any non-substantial modification at least 45 days before its implementation by the POTW, in a statement similar to that provided for in Section 310.922(a). b) Within 45 day…

Section 310.924 Incorporation of Modifications into the Permit All modifications must be incorporated into the POTW's NPDES permit upon approval. The permit must be modified to incorporate the approved modification in accordance with this Part and 35 Ill. Adm. Code 309. BOARD NOT…

Section 310.930 Federally Approved Pretreatment Program Reinvention Pilot Projects Under Project XL (Repealed) (Source: Repealed at 44 Ill. Reg. 19486, effective December 3, 2020)

Section 312.100 References to Other Sections (Repealed) (Source: Repealed at 47 Ill. Reg. 5200, effective March 23, 2023)

Section 312.101 Prohibition A person must not cause or allow the use or operation of any treatment works for which a permit is required by 35 Ill. Adm. Code 309 unless the operation of the treatment works is under the direct and active field supervision of a person who has been c…

Section 312.102 Classifications Agency rules in 35 Ill. Adm. Code 380 (Procedure for the Certification of Operators of Wastewater Treatment Works) classify treatment works by type and size based on the volume and nature of wastewater influent to the treatment works and the comple…

Section 312.103 Standards for Certification The Agency must not certify a person as a competent operator unless the person submits adequate proof that the person is competent to operate the particular class of treatment works for which certification is sought in a manner that wil…

Section 312.104 Procedures In addition to the procedures required by this Part 312, the Agency may adopt all procedures reasonably necessary to perform its duties and responsibilities under this Part. (Source: Amended at 47 Ill. Reg. 5200, effective March 23, 2023)

Section 312.105 Appeals An applicant for certification may appeal the Agency's decision to the Board in the manner provided for reviewing permit decisions under Section 40 of the Act and 35 Ill. Adm. Code 105 (Appeals of Final Decisions of State Agencies). (Source: Amended at 47 …

Section 312.APPENDIX References to Previous Rules (Repealed) (Source: Repealed at 47 Ill. Reg. 5200, effective March 23, 2023)

Section 320.101 Definitions a) Unless specified otherwise, all terms shall have the meaning set forth in the Act. b) For purposes of this Part, the following definitions apply: 1) "Act" means the Environmental Protection Act [415 ILCS 5]. 2) "Agency" means the Illinois Environmen…

Section 320.102 Purpose The purpose of this Part is to establish procedures for collecting fees from applicants for construction permits required under Section 12(b) of the Act. (Source: Amended at 33 Ill. Reg. 11464, effective July 22, 2009)

Section 320.103 Applicability a) Except as provided otherwise in subsection (c), this Part applies to each applicant for a construction permit required under Title III of the Act, or 35 Ill. Adm. Code.Subtitle C, to install or extend sewers. b) Except as provided otherwise in sub…