Section 309.103 Application – General

Section 309

Section 309.103  Application –

General

a)         Application Forms

1)         An applicant for an NPDES Permit must apply under Section

309.223, on forms provided by the Illinois Environmental Protection Agency

(Agency).  The forms must comprise the NPDES application forms promulgated by

the U.S. Environmental Protection Agency for the type of discharge for which an

NPDES Permit is sought and any additional information the Agency may reasonably

require to determine that the discharge or proposed discharge will comply with

applicable State and federal requirements.

2)         In addition to the application forms, the Agency may require

the submission of plans and specifications for treatment works and summaries of

design criteria.

3)         Effluent Toxicity Monitoring

A)        In addition to the above application forms, the Agency may

require, under Section 39 of the Act, installing, using, maintaining, and

reporting results from monitoring equipment and methods, including biological

monitoring. The Agency may require, under Section 39 of the Act, effluent

toxicity testing to show compliance with 35 Ill. Adm. Code 302.621 and 302.630.

If this toxicity testing shows the effluent to be toxic, the Agency may require,

under Section 39 of the Act, further testing and identification of the toxicants

under 35 Ill. Adm. Code 302.210(a).

B)        The following POTWs must provide the results of valid whole

effluent biological toxicity testing to the Agency:

i)          All POTWs with design influent flows equal to or greater than

one million gallons per day;

ii)         All POTWs with approved pretreatment programs or POTWs

required to develop a pretreatment program under 35 Ill. Adm. Code 310.Subpart

E;

C)        In addition to the POTWs listed in subsection (a)(3)(B), the

Agency may require other POTWs to submit the result of toxicity tests with

their permit applications, based on consideration of the following factors

e million gallons per day;

ii)         All POTWs with approved pretreatment programs or POTWs

required to develop a pretreatment program under 35 Ill. Adm. Code 310.Subpart

E;

C)        In addition to the POTWs listed in subsection (a)(3)(B), the

Agency may require other POTWs to submit the result of toxicity tests with

their permit applications, based on consideration of the following factors.

i)          The variability of the pollutants or pollutant parameters in

the POTW effluent (based on chemical-specific information, the type of

treatment facility, and types of industrial contributors);

ii)         The dilution of the effluent in the receiving water (ratio of

effluent flow to receiving streamflow);

iii)        Existing controls on point or nonpoint sources, including

total maximum daily load calculations for the waterbody segment and the

relative contribution of the POTW;

iv)        Receiving stream characteristics, including possible or known

water quality impairment, and whether the POTW discharges to a coastal water,

one of the Great Lakes, or a water designated as an outstanding natural

resource; or

v)         Other considerations (including the history of toxic impact

and compliance problems at the POTW), which the Agency determines could cause

or contribute to adverse water quality impacts.

D)        The POTWs required under subsection (a)(3)(B) or (a)(3)(C) to

conduct toxicity testing must use the methods prescribed at 35 Ill. Adm. Code

302. Subpart F.  Such testing must have been conducted since the later of the

last NPDES permit reissuance or permit modification under Section 309.182,

309.183, or 309.184 for any of the reasons listed at 40 CFR 122.62(a) (1994),

as amended at 60 Fed. Reg. 33926 effective June 29, 1995, incorporated by

reference in 35 Ill. Adm. Code 301.106 (including no later amendments or

editions)

. Code

302. Subpart F.  Such testing must have been conducted since the later of the

last NPDES permit reissuance or permit modification under Section 309.182,

309.183, or 309.184 for any of the reasons listed at 40 CFR 122.62(a) (1994),

as amended at 60 Fed. Reg. 33926 effective June 29, 1995, incorporated by

reference in 35 Ill. Adm. Code 301.106 (including no later amendments or

editions).

4)         All POTWs with approved pretreatment programs must provide the

following information to the Agency:  a written technical evaluation of the

need to revise local limits under 35 Ill. Adm. Code 310.210.

BOARD NOTE:

Subsections (a)(3)(B) through (a)(4) are derived from 40 CFR 122.21(j) (1994).

b)         Animal Waste Facilities

An applicant

for an NPDES Permit in connection with the operation of an animal waste

facility must complete, sign, and submit an NPDES application under 35 Ill.

Adm. Code:  Subtitle E, Chapter I.

c)         Mining Activities

1)         If, as defined by 35 Ill. Adm. Code 402.101, mining activities

are to be carried out on a facility for which an NPDES Permit is held or

required, the applicant must submit a permit application as required by 35 Ill.

Adm. Code 403.103, 403.104 and 405.104.  If the facility will have a discharge

other than a mine discharge or non-point source mine discharge as defined by 35

Ill. Adm. Code 402.101, the applicant must also submit an NPDES Permit

application under 35 Ill. Adm. Code 309.223 on forms supplied by the Agency.

2)         As provided by 35 Ill. Adm. Code 403.101, except to the extent

contradicted in 35 Ill. Adm. Code: Subtitle D, Chapter I, the rules in this

Subpart apply only to 35 Ill. Adm. Code:  Subtitle D, Chapter I NPDES Permits.

3)         As provided by 35 Ill. Adm. Code 406.100, except to the extent

provided in 35 Ill. Adm. Code:  Subtitle D, Chapter I, the effluent standards

of 35 Ill. Adm. Code 304 do not apply to mine discharges and non-point source

mine discharges

radicted in 35 Ill. Adm. Code: Subtitle D, Chapter I, the rules in this

Subpart apply only to 35 Ill. Adm. Code:  Subtitle D, Chapter I NPDES Permits.

3)         As provided by 35 Ill. Adm. Code 406.100, except to the extent

provided in 35 Ill. Adm. Code:  Subtitle D, Chapter I, the effluent standards

of 35 Ill. Adm. Code 304 do not apply to mine discharges and non-point source

mine discharges.

d)         New Discharges

Any person

whose discharge will begin after October 24, 1977, or any person having an

NPDES Permit issued by the U.S. Environmental Protection Agency for an existing

discharge that will substantially change in nature or increase in volume or

frequency must apply for an NPDES Permit either:

1)         No later than 180 days before the date on which the NPDES

Permit will be required; or

2)         In sufficient time before the anticipated commencement of the

discharge to ensure compliance with section 306 of the Clean Water Act (CWA)

(33 U.S.C. 1251 et seq.) and any other applicable water quality standards and

applicable effluent standards and limitations.

e)         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 who is

responsible for the overall operation of the facility from which the discharge

described in the application form originates.  For a partnership or a sole

proprietorship, the application must be signed by a general partner or the

proprietor, respectively.  For a publicly owned facility, the application must

be signed by the principal executive officer, a ranking elected official, or another

duly authorized employee.