Illinois Administrative Code

Section 395.101 Purpose These rules state the procedures and criteria which the Agency will use in certifying, under Section 401 of the Clean Water Act, that activities requiring federal permits of licenses will comply with Sections 301, 302, 303, 306 and 307 of the Clean Water A…

Section 395.102 Definitions Definitions for words not included below may be found in Chapter 3: Water Pollution, of the Illinois Pollution Control Board's Rules and Regulations. a) Receiving Water: Waters of the State of Illinois to which wastewater will be discharged. b) Particl…

Section 395.201 Application Application for certification for dredge and fill activities shall be made on the joint application form available from the Agency, the U.S. Army Corps of Engineers (Corps), the Illinois Department of Transportation and the Illinois Department of Conse…

Section 395.202 Public Notice of Application a) When the Agency issues public notice jointly with the federal licensing or permitting authority, such notice shall state that application for certification under Section 401 of the Clean Water Act has been made to the Agency. The no…

Section 395.203 Testing and Information Tests and information on dredge and fill discharges are required to determine the significant physical and chemical characteristics of the material to be excavated in order to evaluate if the potential exists for water pollution as a result…

Section 395.204 Material Testing Exemptions Dredge and fill material will be considered nonpolluted and, therefore, exempt from testing if all of the following conditions exist: a) The material is composed predominantly of sand, gravel or other naturally occurring sedimentary mat…

Section 395.205 Material Testing a) Materials not exempt under Section 395.204 will be subject to the following testing procedures. Details for these procedures are found in the joint application form. 1) Particle size analysis (or sand/fine split) using a No. 230 U.S. sieve. For…

Section 395.206 Public Hearing a) The Agency may hold a public hearing concerning the application for certification in the county where the discharge originates or at some other convenient location. The purpose of the hearing shall be to enable all interested persons to provide i…

Section 395.207 Agency Determination The Agency will evaluate all available information and make determinations on certification by applying the criteria in subsection 395.401(a).

Section 395.208 Notification Notification of issuance, waiver or denial of certification shall be given to: a) The applicant; b) The Regional Administrator, USEPA; c) The federal licensing or permitting authority; and d) Any other state whose waters are or may be affected by the …

Section 395.301 Application The applicant shall provide one copy of the application form used by the federal licensing or permitting authority with pertinent drawings, plans and specifications.

Section 395.302 Public Notice of Application See Section 395.202

Section 395.303 Information The applicant shall submit to the Agency such evidence as the Agency may require that the discharge complies or will comply with the criteria in subsection 395.401(a) of these rules.

Section 395.304 Public Hearing See Section 395.206

Section 395.305 Agency Determination See Section 395.207

Section 395.306 Notification See Section 395.208 SUBPART D: AGENCY DECISION MAKING

Section 395.401 Criteria for Certification, Waiver of Certification or Denial of Certification In making its determination, the Agency shall consider all information provided under Sections 395.203, 395.205, 395.301 and 395.303 of these rules. a) Certification or waiver of certif…

Section 395.402 Certification and Permits a) When the Agency determines that the intended activities will meet the criteria in Section 395.401(a) and will not require a separate permit under Board rules, it may certify or waive certification of the activity. b) When the Agency de…

Section 399.10 Purpose The purpose of this Part is to establish procedures for the collection of fees from applicants requesting the Northeastern Illinois Planning Commission (the Commission) to review an application to change the boundaries of a wastewater facility planning area…

Section 399.110 Applicants Not Subject to Fees The following applicants are not subject to the fee schedule established in Section 399.120 below: a) Any Level III applicant; or b) Any Level I or II applicant whose submittal does not require a change in a facility planning area bo…

Section 399.120 Fee Calculation a) The amount of the fees to be charged for Commission review under this Part are as follows: 1)........ Submittals involving 10 or fewer acres.................................. $10.00/acre. 2)........ Submittals involving more than 10 acres but le…

Section 399.130 Manner of Payment a) Payment of the fee must be made by check, independently for each request application, payable to Northeastern Illinois Planning Commission, and shall be submitted, along with the request application, to: Northeastern Illinois Planning Commissi…

Section 399.140 Refund Agreements a) The Commission will complete a review within 90 working days after receipt of a complete application for a change in the boundaries of a wastewater facility planning area. Application completeness will be determined within four working days af…

Section 399.20 Definitions Unless specified otherwise, all terms shall have the meaning set forth in the Act. For the purposes of this Part, the following definitions shall apply: Agency means the Illinois Environmental Protection Agency. Applicant means a private or public entit…

Section 399.30 Related Documents The following are materials discussed in this Part. Copies are available for public inspection or distribution at the Northeastern Illinois Planning Commission, 222 S. Riverside Plaza, Suite 1800, Chicago IL 60606. a) Illinois Water Quality Manage…

Section 399.40 Applicability This Part applies to each applicant who wishes to change the boundaries of a wastewater facility planning area through an amendment to the Illinois Water Quality Management Plan required under the Federal Clean Water Act. A fee schedule has been devel…

Section 399.50 Relation to Other Fees The fees collected pursuant to this Part, and the fee collection procedures set forth in this Part, are separate from and in addition to all other fees established by law.

Section 399.60 Severability If any provision of this Part or the application thereof to any person or in any circumstance is adjudged invalid, such adjudication shall not affect the validity of this Part as a whole or any provision thereof not adjudged invalid. SUBPART B: PROCEDU…

Section 399.APPENDIX A Rates Charged Per Acre Date Commission Receives Application Column A (With Agency Funding pursuant to Section 399.120) Column B (Without Agency Funding pursuant to 399.120) 6/1/2000-5/31/2001 $10.00 $10.00 6/1/2001-5/31/2002 $10.00 $10.00 6/1/2002-5/31/2003…

Section 401.101 Authority (Repealed) (Source: Repealed at 43 Ill. Reg. 11574, effective September 25, 2019)

Section 401.102 Policy A policy of the General Assembly in adopting the Environmental Protection Act [415 ILCS 5] is to restore, maintain and enhance the purity of the water of Illinois to protect health, welfare, property and the quality of life. It is determined that mining act…

Section 401.103 Purpose The purpose of Subtitle D is to prevent pollution of waters of Illinois caused by failure to plan proper environmental safeguards for the location, preparation, operation and abandonment of mining activities, mining and mine refuse operations. Subtitle D e…

Section 401.104 Compliance with Other Laws Required Nothing in this Part is intended to be inconsistent with or impair the obligation to comply with the provisions of the Surface Coal Mining Land Conservation and Reclamation Act [225 ILCS 720] or with any other State or federal l…

Section 401.105 Severability If any provision of Subtitle D is adjudged invalid or if the application to any person or in any circumstances is adjudged invalid, the invalidity will not affect the validity of this Subtitle D as a whole or of any Part, Subpart, sentence or clause n…

Section 401.106 Repealer (Repealed) (Source: Repealed at 43 Ill. Reg. 11574, effective September 25, 2019)

Section 401.APPENDIX A References to Previous Rules The following table is provided to correlate previous Board rule numbers with current Illinois Administrative Code Section numbers. Chapter 4, Mine Related Pollution Part I, General Provisions 35 Ill. Adm. Code 401 Rule 102 Sect…

Section 402.100 Terms Defined Elsewhere Unless otherwise stated or unless the context clearly indicates a different meaning, the definition of terms used in Subtitle D are the same as those found in the Illinois Environmental Protection Act [415 ILCS 5] (Act), 35 Ill. Adm. Code S…

Section 402.101 Definitions For purposes of this Subtitle D, the following terms are defined: "Abandon": to transfer ownership of or to close down mining activities, a mine or mine refuse area with no intention by the operator to reopen the affected land. A mine or mine refuse ar…

Section 402.APPENDIX A References to Previous Rules The following table is provided to correlate previous Board rule numbers with current Illinois Administrative Code Section numbers. Chapter 4, Mine Related Pollution Part II, Definitions 35 Ill. Adm. Code 402 Rule 200 Section 40…

Section 403.100 Preamble a) Part 403 governs mining activities and permit issuance for NPDES permit holders and persons required to obtain an NPDES permit for a facility. b) Under 35 Ill. Adm. Code 404.102, facilities operating under an NPDES permit need not obtain a State permit…

Section 403.101 Incorporation of NPDES Water Rules Except for 35 Ill. Adm. Code 309.154, 35 Ill. Adm. Code 309.Subpart A applies to NPDES permits required by Subtitle D. In the event of a conflict between Subtitle D and 35 Ill. Adm. Code 309.Subpart A, Subtitle D applies to mine …

Section 403.102 NPDES Permits Required of Certain Dischargers The discharge of contaminants or pollutants by any person into the waters of the State from a point source or into a well is unlawful, except when complying with provisions of the Act, Board regulations, the FWPCA (32 …

Section 403.103 Application a) A person required to obtain an NPDES permit must file an application complying with 35 Ill. Adm. Code 405.104 on forms provided by the Agency. b) A person who holds an NPDES permit or who submits an NPDES permit application for a facility need not a…

Section 403.104 Construction Authorization a) If an NPDES permit is required to prepare land for mining activities or construct a mine related facility, a person must, before preparing land or constructing a facility: 1) Hold an NPDES permit including a condition authorizing the …

Section 403.APPENDIX A References to Previous Rules The following table is provided to correlate previous Board rule numbers with current Illinois Administrative Code Section numbers. Chapter 4, Mine Related Pollution Part III, NPDES Permits 35 Ill. Adm. Code 403 Rule 300 Section…

Section 404.100 Preamble Part 404 governs mining activities, including construction of mine related facilities, and establishes rules for the issuance of state permits.

Section 404.101 Construction and Operating Permits: State Permits a) Except as provided in 35 Ill. Adm. Code 404.102 and 404.103, a person must obtain: 1) A construction permit before preparing land for mining activities or constructing a mine related facility that could generate…