Section 309.103  Application – General

a)         Application Forms

1)         An applicant for a National Pollutant Discharge Elimination System (NPDES) Permit shall file an application, in accordance with Section 309.223 hereof, on forms provided by the Illinois Environmental Protection Agency (Agency).  Such forms shall comprise the NPDES application forms promulgated by the U.S. Environmental Protection Agency for the type of discharge for which an NPDES Permit is being sought and such additional information as the Agency may reasonably require in order to determine that the discharge or proposed discharge will in compliance with applicable state and federal requirements.

2)         In addition to the above 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, pursuant to Section 39 of the Act, the installation, use, maintenance and reporting of results from monitoring equipment and methods, including biological monitoring. The Agency may require, pursuant to 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 pursuant to Section 39 of the Act further testing and identification of the toxicant(s) pursuant to 35 Ill. Adm. Code 302.210(a).

B)        The following POTWs shall 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 pursuant to 35 Ill. Adm. Code 310.Subpart E;

C)        In addition to the POTWs listed in (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 stream flow);

iii)         Existing controls on point or non-point 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 but not limited to 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 subsections (a)(3)(B) or (a)(3)(C) to conduct toxicity testing shall 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 pursuant to 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, herein incorporated by reference (including no later amendments or editions).

4)         All POTWs with approved pretreatment programs shall provide the following information to the Agency:  a written technical evaluation of the need to revise local limits pursuant to 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 shall complete, sign, and submit an NPDES application in accordance with the provisions of 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 shall also submit an NPDES Permit application in accordance with Section 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 contained in this Subpart apply 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 and water quality standards of 35 Ill. Adm. Code  302, 303 and 304 are inapplicable to mine discharges and non-point source mine discharges.

d)         New Discharges

            Any person whose discharge will begin after the effective date of this Subpart A or any person having an NPDES Permit issued by the U.S. Environmental Protection Agency for an existing discharge which will substantially change in nature, or increase in volume or frequency, must apply for an NPDES Permit either:

1)         No later than 180 days in advance of the date on which such NPDES Permit will be required; or

2)         In sufficient time prior to the anticipated commencement of the discharge to insure compliance with the requirements of Section 306 of the Clean Water Act (CWA) (33 U.S.C. 1251 et seq), or with any other applicable water quality standards and applicable effluent standards and limitations.

e)         Signatures

            An application submitted by a corporation shall be signed by a principal executive officer of at least the level of vice president, or his duly authorized representative, if such representative is responsible for the overall operation of the facility from which the discharge described in the application form originates.  In the case of a partnership or a sole proprietorship, the application shall be signed by a general partner or the proprietor, respectively.  In the case of a publicly owned facility, the application shall be signed by either the principal executive officer, ranking elected official, or other duly authorized employee.

(Source:  Amended at 20 Ill. Reg. 5526, effective April 1, 1996)