Illinois Administrative Code

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…

Section 404.102 Exemption from State Permit: NPDES Holder a) A permittee who holds an NPDES permit for a facility need not have a State permit for that facility. b) This exemption is inapplicable if the Agency ceases to administer the NPDES permit program. If this occurs, the Age…

Section 404.103 Exemption from State Permit: Coal Piles and Small Mines a) Unless the Agency determines that the facility will cause or threaten water pollution or violate applicable regulations, the following facilities need not obtain State permits: 1) Domestic retail sales yar…

Section 404.104 Applications: Deadline to Apply A person required to have a State permit must file an application with the Agency at least 90 days before the date the permit is required. (Source: Amended at 43 Ill. Reg. 11597, effective September 25, 2019)

Section 404.105 Permit Application: Signatures and Authorizations Required a) If submitted by a corporation, the permit application must be signed by a principal executive officer of at least the level of vice president or his or her duly authorized representative, if the represe…

Section 404.106 Permit Applications: Registered or Certified Mail or Hand Delivery Required a) All State permit applications must be mailed or delivered to the appropriate address designated by the Agency. Any application or revised application sent by mail must be sent by regist…

Section 404.107 Supplemental State Permits a) A permittee may apply for a new or supplemental State permit whenever there could be a violation of its previous permit or in other appropriate circumstances. b) Applications for new or supplemental State permits are subject to the ru…

Section 404.108 Violation of Conditions and Standards in a Permit a) A permittee must not violate the conditions and standards contained in its State permit. b) In addition to other sanctions under the Act and Subtitle D, the Board may revoke a State permit in appropriate circums…

Section 404.109 State Permit Term State permits will have a duration not exceeding five years. (Source: Amended at 43 Ill. Reg. 11597, effective September 25, 2019)

Section 404.110 Permit No Defense to Certain Violations Possessing a State permit is not a defense to violation of the Act or Subtitle D, except for a complaint alleging mining activity without a permit. (Source: Amended at 43 Ill. Reg. 11597, effective September 25, 2019)

Section 404.111 Permit Review a) If the Agency fails to notify the applicant within 30 days after filing an application that the application is incomplete and the reason the Agency deems it incomplete, the application will be deemed to have been filed on the date of the purported…

Section 404.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 IV, State Permits 35 Ill. Adm. Code 404 Rule 400 Section …

Section 405.100 Preamble Part 405 governs the issuance of both state and NPDES permits and contains substantive rules governing mining activities and construction of mine related facilities.

Section 405.101 Special Conditions In addition to the standards and conditions required by this Subtitle D, the Agency may, in granting permits, impose conditions necessary to accomplish the purposes of the Act that are not inconsistent with Subtitle D. All NPDES permits must con…

Section 405.102 Standard for Permit Issuance or Certification a) The Agency will issue or certify a permit if the operator submits adequate proof that the mine related facilities and mining activities will be constructed, prepared and operated without causing a violation of the A…

Section 405.103 Permit Modification When New Regulations Are Adopted If the Board adopts new regulations affecting the terms and conditions of a permit that is in effect, the Agency may issue a new, modified, or supplemental permit including terms and conditions reflecting the ne…

Section 405.104 Permit Applications a) Plans, reports, specifications and application forms submitted to the Agency as part of a State or NPDES permit application must be certified by a registered professional engineer when required by the Illinois Professional Engineering Act [2…

Section 405.105 Surface Drainage Control a) A State or NPDES permit must include a plan for surface drainage control as a condition. b) The applicant's plan for surface drainage control must be incorporated into a permit by reference if it meets the standard of Section 405.102(a)…

Section 405.106 Refuse Disposal a) A State or NPDES permit must include a refuse disposal plan as a condition. b) The applicant's refuse disposal plan must be incorporated into the permit by reference if it meets the standard of Section 405.102(a); otherwise the Agency must deny …

Section 405.107 Experimental Permits for Refuse Disposal a) To promote technological development of mine refuse pollution control, the Agency may issue experimental permits for refuse disposal not satisfying the requirements of Section 405.102 if the applicant demonstrates that t…

Section 405.108 Permit for Use of Acid-producing Mine Refuse a) Using acid-producing mine refuse requires, as a permit condition, an adequate plan within a State or NPDES permit. b) Using acid-producing mine refuse is a mining activity that may require a permit under 35 Ill. Adm.…

Section 405.109 Abandonment Plan a) A State or NPDES permit must include, as a condition, an abandonment plan. b) An abandonment plan must be incorporated into the permit by reference if it: 1) Contains a time schedule for executing and completing the plan within a reasonable tim…

Section 405.110 Cessation, Suspension or Abandonment a) A permittee must notify the Agency in writing by certified mail within 30 days after the following: 1) Abandonment; or 2) Cessation or suspension of active mining for 30 days or more unless caused by a labor dispute. b) Rega…

Section 405.111 Emergency Procedures To Control Pollution a) A permittee must notify the Agency within one hour of becoming aware of an emergency situation concerning mining activities that causes or threatens a discharge of contaminants into the waters of Illinois. The permittee…

Section 405.112 Mine Entrances Bore holes, openings, drill holes, entrances to underground mines, and auger or punch mine entries must be plugged and sealed to the extent necessary to avoid the threat of water pollution. (Source: Amended at 43 Ill. Reg. 11606, effective September…

Section 405.113 Permit Area A State or NPDES permit must specify a permit area. During the permit term, the affected land, or any portion of it, must not be outside the permit area. (Source: Amended at 43 Ill. Reg. 11606, effective September 25, 2019)

Section 405.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 V, State and NPDES Permits 35 Ill. Adm. Code 405 Rule 500…

Section 503.101 Fish and Aquatic Animal Production Facilities a) A National Pollutant Discharge Elimination System (NPDES) permits is required for the construction, modification, or operation of a facility that contains, grows, or holds aquatic animals in ponds, raceways, or simi…

Section 503.102 Irrigation Activities NPDES permits are required for discharges of irrigation return flow (such as tailwater, tile drainage, surfaced groundwater flow or bypass water) operated by public or private organizations or individuals if: a) There is a point source of dis…

Section 503.103 Silvicultural Activities NPDES permits are required for discharges from silvicultural point sources. (Source: Added at 2 Ill. Reg. 44, p. 137, effective October 30, 1978)

Section 503.APPENDIX A References to Previous Rules (Repealed) (Source: Repealed at 48 Ill. Reg. 3269, effective February 15, 2024)

Section 580.100 Introduction This Part 580 contains Illinois Environmental Protection Agency (Illinois EPA or Agency) rules for the procedure that owners or operators of livestock waste handling facilities that release livestock waste from the livestock waste handling facility or…

Section 580.101 Scope This Part 580 contains the procedures for reporting releases and the procedures for distribution of that information. These regulations are cumulative with conditions, effluent limitations and other requirements established under the Illinois Environmental P…

Section 580.102 Applicability The regulations in this Part 580 apply to the owners or operators of livestock waste handling facilities that release livestock waste from the livestock waste handling facility or transportation equipment as those terms are defined in Section 580.104…

Section 580.103 Purpose The purpose of this Part 580 is to promote the prompt and effective notification of releases of livestock waste to minimize damage to the environment and to protect the health of our citizens. (Source: Amended at 24 Ill. Reg. 15415, effective October 6, 20…

Section 580.104 Definitions Terms used in this Part have the meaning specified in the Livestock Management Facilities Act [510 ILCS 77] or the Environmental Protection Act [415 ILCS 5]. The following terms have the meanings specified: "Agency" means the Illinois Environmental Pro…

Section 580.105 Method of Reporting a Release of Livestock Waste a) An owner or operator of a livestock waste handling facility shall report any release of livestock waste from the livestock waste handling facility or from the transport of livestock waste by means of transportati…

Section 580.106 Contents of Report The report required under Section 580.105(a) must include, as a minimum, each of the following to the extent that it is known at the time of the report: a) name and telephone number of the person reporting the release; b) county, distance and di…

Section 580.107 Reporting of Releases to Groundwater If an owner or operator of a lagoon required to implement groundwater monitoring under 35 Ill. Adm. Code 506.204(d) submits a report to the Department of a proposed response action required under 8 Ill. Adm. Code 900.611, the o…

Section 580.200 Distribution of Information a) Reports under this Part are required by Section 18(a) of the Livestock Management Facilities Act [510 ILCS 77/18(a)] and Section 4(h) of the Environmental Protection Act [415 ILCS 5/4(h)]. b) All reports under Sections 580.105 and 58…