Section 310.103  Federal Law

a)         The Board intends that this Part be identical in substance with the pretreatment requirements of the federal Clean Water Act (33 USC 1251 et seq.) and United States Environmental Protection Agency (USEPA) regulations at 40 CFR 401 et seq.

b)         This Part will allow the Agency to issue pretreatment permits, review POTW pretreatment plans and authorize POTWs to issue authorizations to discharge to industrial users when and to the extent USEPA authorizes the Illinois pretreatment program pursuant to the federal Clean Water Act (33 USC 1251 et seq.).  After authorization the requirements of the Clean Water Act and 40 CFR 401 et seq. will continue in Illinois.  In particular, USEPA has stated that it will do the following:

1)         Retain the right to request information pursuant to 40 CFR 403.8(f); and

2)         Retain the right to inspect and take samples pursuant to 40 CFR 403.12(1).

c)         This Part must not be construed as exempting any person from compliance, prior to authorization of the Illinois pretreatment program, with the pretreatment requirements of the Clean Water Act, USEPA regulations, and NPDES permit conditions.

d)         POTW pretreatment programs that have been approved by USEPA pursuant to 40 CFR 403 will be deemed approved pursuant to this Part, unless the Agency determines that it is necessary to modify the POTW pretreatment program to be consistent with State law.

1)         The Agency must notify the POTW of any such determination within 60 days after approval of the program by USEPA, or within 60 days after USEPA authorizes the Illinois pretreatment program, whichever is later.

2)         If the Agency so notifies the POTW, the POTW will apply for program approval pursuant to Section 310.501 et seq.

e)         USEPA's access to Agency records and information in possession of the Agency will  be governed by the memorandum of agreement between USEPA and the Agency, subject to confidentiality requirements in Section 310.105.

(Source:  Amended at 27 Ill. Reg. 15137, effective September 10, 2003)