TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE D: MINE RELATED WATER POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 403
NPDES PERMITS
SECTION 403.100 PREAMBLE
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 so long as the Agency administers
the NPDES permit program.
c) Under 35 Ill. Adm. Code 404.102, Part 404 does not apply to
NPDES permit holders.
(Source: Amended at 43 Ill. Reg. 11591, effective September 25, 2019)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE D: MINE RELATED WATER POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 403
NPDES PERMITS
SECTION 403.101 INCORPORATION OF NPDES WATER RULES
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 related facilities.
(Source:
Amended at 43 Ill. Reg. 11591, effective September 25, 2019)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE D: MINE RELATED WATER POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 403
NPDES PERMITS
SECTION 403.102 NPDES PERMITS REQUIRED OF CERTAIN DISCHARGERS
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 USC 1251 et seq.), and the provisions and conditions
of the discharger's NPDES permit.
(Source:
Amended at 43 Ill. Reg. 11591, effective September 25, 2019)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE D: MINE RELATED WATER POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 403
NPDES PERMITS
SECTION 403.103 APPLICATION
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 apply for a State permit unless the
Agency notifies that person that a State permit is required.
c) Application for a renewed or modified NPDES permit is governed
by the rules on NPDES applications.
(Source:
Amended at 43 Ill. Reg. 11591, effective September 25, 2019)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE D: MINE RELATED WATER POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 403
NPDES PERMITS
SECTION 403.104 CONSTRUCTION AUTHORIZATION
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
permit holder to prepare land or construct a facility; or
2) Hold a construction permit under 35 Ill. Adm. Code 404.101 to
prepare land or construct a facility.
b) A permittee must not construct a new mine related facility or modify
a mining activity or mine related facility for which the permittee holds an
NPDES permit unless the NPDES permit includes a condition authorizing the
construction or modification. If the modification is already covered under the
existing permit condition, a separate authorization from the Agency is not
required.
c) Any person required to obtain a construction authorization must
apply at least 180 days before the date construction or modification begins.
d) Any person seeking a construction authorization must submit an
application under 35 Ill. Adm. Code 405.104. The rules governing issuance of
an NPDES permit, including 35 Ill. Adm. Code 405.101 and 405.102, also apply to
issuing a construction authorization.
(Source: Amended at 43 Ill. Reg. 11591, effective September 25, 2019)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE D: MINE RELATED WATER POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 403
NPDES PERMITS
SECTION 403.APPENDIX A REFERENCES TO PREVIOUS RULES
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.
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Chapter 4, Mine Related
Pollution
Part III, NPDES Permits
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35 Ill. Adm. Code 403
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Rule 300
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Section 403.100
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Rule 301
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Section 403.101
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Rule 302
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Section 403.102
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Rule 303
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Section 403.103
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Rule 304
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Section 403.104
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(Source:
Amended at 43 Ill. Reg. 11591, effective September 25, 2019)
AUTHORITY: Authorized by Section 27 and implementing Sections 12 and 13 of the Illinois Environmental Protection Act [415 ILCS 5].
SOURCE: Adopted at 4 Ill. Reg. 34, p. 164, effective August 7, 1980; codified at 5 Ill. Reg. 34, p. 8527, effective August 10, 1981; amended in R18-24 at 43 Ill. Reg. 11591, effective September 25, 2019.
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