Illinois Administrative Code

Section 501.350 Person Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, political subdivision, state agency or any other legal entity, or their legal representative, agent or assigns.

Section 501.355 Pollutant Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, munic…

Section 501.356 Populated Area Any area where at least ten (10) inhabited non-farm residences or at least fifty (50) persons frequenting a common place of assembly or a non-farm business at least once per week. (Source: Added at 15 Ill. Reg. 10075, effective July 1, 1991)

Section 501.357 Process Wastewater Water directly or indirectly used in the operation of the Animal Feeding Operation for any of the following activities: spillage or overflow from animal or poultry watering systems; washing, cleaning, or flushing pens, barns, manure pits, or oth…

Section 501.358 Production Area The part of an Animal Feeding Operation that includes the animal confinement area, the manure storage area, the raw materials storage area, and the waste containment areas. Also included in the definition of production area is any egg washing or eg…

Section 501.359 Raw Materials Storage Area Includes feed silos, silage bunkers, and bedding materials stacks. (Source: Amended at 48 Ill. Reg. 3170, effective February 15, 2024)

Section 501.360 Revised Universal Soil Loss Equation Version 2 (RUSLE2) a) The equation for calculating soil loss due to erosion is as follows: Where: ai = long-term average soils loss for the ith day; riri = erosivity factor; ki = soil erodibility factor; li = soil length factor…

Section 501.361 Saturated Soils in which pore spaces are occupied by liquid to the extent that additional inputs of water or liquid wastes cannot infiltrate into the soil. (Source: Added at 38 Ill. Reg. 17661, effective August 11, 2014)

Section 501.363 Setbacks A specified distance from surface waters or potential conduits to surface waters where livestock waste may not be land applied. Examples of conduits to surface waters include open tile intake structures, sinkholes, and agriculture well heads. (Source: Ame…

Section 501.365 Silvicultural Point Source Any discernible, confined, and discrete conveyance related to rock crushing, gravel washing, log sorting, or log storage facilities that is operated for silvicultural activities and from which pollutants are discharged into navigable wat…

Section 501.370 Standard of Performance A standard for the control of the discharge of pollutants reflecting the greatest degree of effluent reduction that the Administrator determines to be achievable through applying the best available demonstrated control technology, processes…

Section 501.372 Supernatant The liquid portion of the livestock waste that overlies deposited or settled solids that are stored in a tank or lagoon. (Source: Added at 15 Ill. Reg. 10075, effective July 1, 1991)

Section 501.373 Surface Land Application Application of livestock waste to the ground surface that is not incorporated or injected. (Source: Added at 38 Ill. Reg. 17661, effective August 11, 2014)

Section 501.375 Temporary Manure Stack Any mound or stack resulting from the emergency or seasonal piling of livestock wastes.

Section 501.377 Vegetative Buffer A narrow, permanent strip of dense perennial vegetation established parallel to the land contours and perpendicular to the field’s dominant slope for slowing water runoff, enhancing water infiltration, and minimizing the risk of any potential nut…

Section 501.378 Vegetative Fence Row Narrow, permanent strip of perennial vegetation established at the edge of a field that is a minimum of 15 feet wide. The vegetative fence row slows water runoff and enhances water infiltration, reducing the risk of pollutants leaving the fiel…

Section 501.379 Waste Containment Area Includes settling basins and areas within berms and diversions that separate uncontaminated stormwater from livestock waste. (Source: Amended at 48 Ill. Reg. 3170, effective February 15, 2024)

Section 501.380 Water Pollution The alteration of the physical, thermal, chemical, biological, or radioactive properties of any waters of the State, or the discharge of any contaminant into any waters of the State, as will or is likely to create a nuisance or render those waters …

Section 501.385 Wet Lot A confinement facility for raising ducks that is open to the environment, has a small number of sheltered areas, and has open water runs and swimming areas to which ducks have free access. (Source: Added at 38 Ill. Reg. 17661, effective August 11, 2014)

Section 501.390 25-Year, 24-Hour Precipitation Event The maximum 24-hour precipitation event with a probable recurrence interval of once in 25 years, as defined by NOAA Atlas 14; Precipitation Frequency Atlas of the United States, incorporated by reference in Section 501.200. (So…

Section 501.395 100-Year, 24-Hour Precipitation Event The maximum 24-hour precipitation event with a probable recurrence interval of once in 100 years, as defined by NOAA Atlas 14; Precipitation Frequency Atlas of the United States, incorporated by reference in Section 501.200. (…

Section 501.401 Purpose and Scope of Operational Rules for Livestock Management Facilities and Livestock Waste-Handling Facilities a) Besides the regulations contained within this Chapter, every person must also comply with the Act and other Board regulations. b) The owner or ope…

Section 501.402 Location of New Livestock Management Facilities and New Livestock Waste-Handling Facilities a) A new livestock management facility or new livestock waste-handling facility must not contain within its boundaries any stream or other surface waters except small tempo…

Section 501.403 Protection of Livestock Management Facilities and Livestock Waste-Handling Facilities a) Existing livestock management facilities and livestock waste-handling facilities must have adequate diversion dikes, walls, or curbs that will prevent excessive outside surfac…

Section 501.404 Handling and Storage of Livestock Waste a) Any livestock waste stored for more than six months must be contained in a manure storage structure. b) Temporary Manure Stacks 1) A temporary manure stack is a potential secondary source, as defined by the Act. As a pote…

Section 501.405 Field Application of Livestock Waste a) For livestock management facilities and livestock waste-handling facilities that are not required to obtain an NPDES permit, the quantity of livestock waste applied on soils must not exceed a practical limit as determined by…

Section 501.406 Inspections and Disease Prevention a) The Agency has the authority to enter at all reasonable times upon any private or public property for inspecting and investigating to ascertain possible violations of the Act or regulations, in compliance with constitutional l…

Section 501.APPENDIX A References to Previous Rules (Repealed) (Source: Repealed at 48 Ill. Reg. 3170, effective February 15, 2024)

Section 502.101 NPDES Permit Requirement and Duty to Maintain Permit Coverage a) A Concentrated Animal Feeding Operation (CAFO) is a point source. Any discharge of pollutants into the waters of the United States from a CAFO is prohibited unless authorized by an NPDES permit or un…

Section 502.102 Land Application Discharges and Agricultural Stormwater a) Livestock waste discharge into the waters of the United States from a CAFO resulting from CAFO’s livestock waste application to land application areas is a discharge from that CAFO subject to NPDES permit …

Section 502.103 Large CAFOs An Animal Feeding Operation is defined as a Large CAFO if at least the numbers of animals specified in any of the following categories are stabled or confined: Number of Animals Kind of Animals 700 Mature dairy cows, whether milked or dry 1,000 Veal ca…

Section 502.104 Medium CAFOs a) An Animal Feeding Operation is defined as a Medium CAFO if the following numbers of animals specified in any of the following categories are stabled or confined and subsection (b), (c) or (d) is met: Number of Animals Kind of Animals 200 to 699 Mat…

Section 502.105 Small CAFOs An Animal Feeding Operation is a Small CAFO if the Agency designates it as a CAFO under Section 502.106 and it is not a Medium CAFO. (Source: Amended at 48 Ill. Reg. 3196, effective February 15, 2024)

Section 502.106 Case-By-Case Designation Requiring NPDES Permits a) Despite any other provision of this Part, the Agency may require any Animal Feeding Operation not falling within Section 502.103 or 502.104 to obtain an NPDES permit by designating the Animal Feeding Operation as…

Section 502.201 Permit Applications a) All applications from a new or existing CAFO for any permit, including an individual permit or a general permit, required under this Chapter must contain, when appropriate, the following information and documents: 1) The name of the owner or…

Section 502.202 Permit Application Submissions All permit applications must be mailed or delivered to Illinois Environmental Protection Agency, Bureau of Water, 2520 West Iles Avenue, PO Box 19276, Springfield, Illinois 62794-9276. (Source: Amended at 49 Ill. Reg. 12691, effectiv…

Section 502.203 New Applications (Repealed) (Source: Repealed at 38 Ill. Reg. 17687, effective August 11, 2014)

Section 502.204 Renewal Permittees seeking reissuance of their NPDES permit under Section 502.101(d) must apply for reissuance of the permit, using proper forms, at least 180 days before the permit expires. The Agency will notify those persons of the need for renewal at least 60 …

Section 502.205 New Operations (Repealed) (Source: Repealed at 38 Ill. Reg. 17687, effective August 11, 2014)

Section 502.206 Signatures 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 if that representative is responsible for operating the facility. In the case of a par…

Section 502.207 Disclosure Required for Land Trusts An applicant filing for an NPDES permit must satisfy the Land Trust Beneficial Interest Disclosure Act [735 ILCS 405] before the Agency grants the applicant its permit. (Source: Amended at 48 Ill. Reg. 3196, effective February 1…

Section 502.301 Standards for Issuance The Agency must not grant any NPDES permit unless the applicant submits proof that the subject facility: a) Will be constructed, modified, or operated so as not to violate the Act or applicable Board rules or the Federal Water Pollution Cont…

Section 502.302 Duration of Permits NPDES permits will be issued for fixed terms not to exceed five years.

Section 502.303 New Source Standards Despite any other provision of this Subtitle, if a point source started construction after the enactment date of the CWA and was constructed to meet the applicable federal "standard of performance" defined in Section 306 of the CWA, the point …

Section 502.304 Issuance and Conditions a) 35 Ill. Adm. Code 309: Subpart A applies to the issuance, conditions, and modification of NPDES permits under this Chapter in the same manner as those provisions apply to NPDES permits issued under 35 Ill. Adm. Code 309. Specific provisi…

Section 502.305 Agency Criteria a) Unless otherwise provided for by Board rules, the Agency may adopt procedures that state criteria for the design and maintenance of facilities subject to this chapter. These procedures must be revised from time to time to reflect current enginee…

Section 502.310 CAFOs Seeking Coverage Under NPDES General Permits a) CAFO owners or operators must submit a notice of intent that meets the requirements of Section 502.201 and Subpart E when seeking authorization to discharge under a general permit. b) When additional informatio…