TITLE 35: ENVIRONMENTAL PROTECTION
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AUTHORITY: Implementing Sections 9, 12, 13, 21, and 22 of the Environmental Protection Act [415 ILCS 5/9, 12, 13, 21 and 22] and authorized by Section 27 of the Environmental Protection Act [415 ILCS 5/27].
SOURCE: Filed and effective January 1, 1978; amended at 2 Ill. Reg. 44, p. 137, effective October 30, 1978; codified at 7 Ill. Reg. 10596; amended in R18-25 at 48 Ill. Reg. 3269, effective February 15, 2024.
Section 503.101 Fish and Aquatic Animal Production Facilities
a) A National Pollutant Discharge Elimination System (NPDES) permits is required for the construction, modification, or operation of a facility that contains, grows, or holds aquatic animals in ponds, raceways, or similar structures for production, such as a hatchery or fish farm, and that discharges for any 30 or more days per year, except that an NPDES permit is not required for:
1) A closed pond that discharges only during periods of excess runoff; or
2) A facility that produces less than 20,000 pounds of aquatic animals per year.
b) An NPDES permit is required for any facility that contains, grows, or holds any species of fish or other aquatic animal life non-native to the United States and that discharges to a navigable water at any time. Non-native species of fish are identified in Special Publication No. 6 of the American Fisheries Society, entitled "A List of Common and Scientific Names of Fishes from the United States and Canada" (Washington, D.C., American Fisheries Society, 1970); except that carp (Cyprinus carpio), goldfish (Carassius auratus), and brown trout (Salmo trutta) are considered native species for this regulation.
(Source: Amended at 48 Ill. Reg. 3269, effective February 15, 2024)
Section 503.102 Irrigation Activities
NPDES permits are required for discharges of irrigation return flow (such as tailwater, tile drainage, surfaced groundwater flow or bypass water) operated by public or private organizations or individuals if:
a) There is a point source of discharge (e.g., a pipe, ditch or other defined or discrete conveyance, whether natural or artificial); and
b) The return flow is from land areas of more than 3000 contiguous acres, or 3000 noncontiguous acres which use the same drainage system.