Section 309.108 Tentative Determination and Draft Permit

Section 309

Section 309.108  Tentative

Determination and Draft Permit

After receiving a complete

application for an NPDES Permit, the Agency must prepare a tentative

determination.  The determination must include at least the following:

a)         A statement of whether an NPDES Permit is to be issued or

denied; and

b)         If the determination is to issue the permit, a draft permit containing:

1)         Proposed effluent limitations, consistent with federal and State

requirements;

2)         If the applicant is not in compliance with applicable

requirements, a proposed schedule of compliance for meeting the proposed

effluent limitations, including interim dates and requirements consistent with

the CWA and applicable regulations;

3)         A brief description of any other proposed special conditions that

will have a significant impact upon the discharge.

c)         A brief description of the basis for each of the permit

conditions listed in Section 309.108(b), including a brief description of any

mixing zones, how the conditions of the draft permit were derived, and the

statutory or regulatory provisions and appropriate supporting references.

d)         Upon tentative determination to issue or deny an NPDES Permit:

1)         If the determination is to issue the permit, the Agency must

notify the applicant in writing of the content of the tentative determination

and draft permit and of its intent to circulate public notice of issuance in compliance

with Sections 309.108 through 309.112;

2)         If the determination is to deny the permit, the Agency must

notify the applicant in writing of the tentative determination and of its

intent to circulate public notice of denial in compliance with Sections 309.108

through 309.112.  For a denial, notice to the applicant must include a

statement of the reasons for denial, as required by Section 39(a) of the Act

09.108 through 309.112;

2)         If the determination is to deny the permit, the Agency must

notify the applicant in writing of the tentative determination and of its

intent to circulate public notice of denial in compliance with Sections 309.108

through 309.112.  For a denial, notice to the applicant must include a

statement of the reasons for denial, as required by Section 39(a) of the Act.

e)         For Title X of the Act [415 ILCS 5/Title X], the documents

supporting the Agency's tentative decision to issue or deny an NPDES permit

under this Section must be either identified in or made part of the Agency

record.