TITLE 35: ENVIRONMENTAL PROTECTION
SUBPART A: INTRODUCTION
SUBPART B: PROTECTED WATER STATUS AND EXEMPTION REQUIREMENTS
SUBPART C: FECAL COLIFORM DIE-OFF MODEL
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AUTHORITY: Implementing and authorized by Sections 4, 11 and 39 of the Environmental Protection Act (Ill. Rev. Stat. 1987, ch. 111½, pars. 1004, 1011, and 1039).
SOURCE: Adopted at 13 Ill. Reg. 1190, effective January 17, 1989.
SUBPART A: INTRODUCTION
Section 378.101 Purpose, Scope and Applicability
a) The purpose of this Part is to establish requirements for determining which National Pollutant Discharge Elimination System (NPDES) permit dischargers may cease effluent disinfection on a seasonal or year-round basis pursuant to standards established by the Pollution Control Board (Board) at 35 Ill. Adm. Code 302.202, 302.209, 302.306 and 304.121.
b) This Part shall apply to National Pollutant Discharge Elimination System permit dischargers which must comply with the fecal coliform effluent standard of 35 Ill. Adm. Code 304.121. This Part does not apply to discharges governed by 35 Ill. Adm. Code 306.305 or to discharges with fecal coliform limitations imposed by any federal regulations pursuant to 35 Ill. Adm. Code 309.141.
c) The standards established by the Pollution Control Board allow that waters unsuitable for primary contact activities, unlikely to allow incidental contact due to remoteness from any parks or residential areas, and unutilized for public and food processing water supply are exempt from fecal coliform water quality standards. National Pollutant Discharge Elimination System permit dischargers which affect these waters may be eligible for an exemption from 35 Ill. Adm. Code 304.121.
d) National Pollutant Discharge Elimination System permit discharges which may prevent protected waters from complying with fecal coliform water quality standards must continue to comply with the fecal coliform effluent standard of 35 Ill. Adm. Code 304.121. In order to be protected, waters must presently support or have physical characteristics to support primary contact activities, flow through or adjacent to parks or residential areas, or be utilized for public and food processing water supply.
e) Exemption determinations will include consideration of potential impacts on interstate waters.
Section 378.102 Definitions
All terms shall have the meanings set forth in the Environmental Protection Act except, for purposes of this Part, the following definitions apply:
"Act" means the Environmental Protection Act (Ill. Rev. Stat. 1987, ch. 111½, pars. 1001 et seq., as amended).
"Agency" means Illinois Environmental Protection Agency.
"Board" means Illinois Pollution Control Board.
"NPDES permit" means a permit issued under the National Pollutant Discharge Elimination System under Section 39 of the Act and Section 402 of the Clean Water Act, (33 U.S.C.A. Section 1251 et seq.).
"Primary contact" means any recreational or other water use in which there is prolonged and intimate contact with the water involving considerable risk of ingesting water in quantities sufficient to pose a significant health hazard, such as swimming and water skiing.
"Residential areas" means any collection of dwellings, such as cities, towns, and subdivisions.
"Year-round" refers to the full twelve months of the year.