Current through Register Vol. 48, No. 38, September 20, 2024
Waters of the State must be free from any substances or
combination of substances in concentrations toxic or harmful to human health or
animal, plant, or aquatic life. Individual chemical substances or parameters
for which numeric standards are specified in this Subpart are not subject to
this Section.
a) Any substance or
combination of substances must be deemed to be toxic or harmful to aquatic life
if present in concentrations that exceed the following:
1) An Acute Aquatic Toxicity Criterion (AATC)
validly derived and correctly applied under procedures in Sections
302.612 through
302.618 or in Section
302.621; or
2) A Chronic Aquatic Toxicity Criterion
(CATC) validly derived and correctly applied under procedures in Section
302.627 or
302.630.
b) Any substance or combination of substances
must be deemed to be toxic or harmful to wild or domestic animal life if
present in concentrations that exceed any Wild and Domestic Animal Protection
Criterion (WDAPC) validly derived and correctly applied under Section
302.633.
c) Any substance or combination of substances
must be deemed to be toxic or harmful to human health if present in
concentrations that exceed criteria, validly derived and correctly applied,
based on either of the following:
1) Disease
or functional impairment due to a physiological mechanism for which there is a
threshold dose below which no damage occurs calculated under Sections
302.642 through
302.648 (Human Threshold
Criterion); or
2) Disease or
functional impairment due to a physiological mechanism for which any dose may
cause some risk of damage calculated under Sections
302.651 through
302.658 (Human Nonthreshold
Criterion).
d) The most
stringent criterion of subsections (a), (b), and (c) applies at all points
outside of any waters within which mixing is allowed under Section
302.102. In addition, the AATC
derived under subsection (a)(1) applies in all waters except that it must not
apply within a ZID that is prescribed in compliance with Section
302.102.
e) The procedures of
Subpart F set forth minimum data requirements, appropriate test protocols, and
data assessment methods for establishing criteria under subsections (a), (b),
and (c). No other procedures may be used to establish these criteria unless
approved by the Board in a rulemaking or adjusted standard proceeding under
Title VII of the Act. The validity and applicability of the Subpart F
procedures may not be challenged in any proceeding brought under Title VIII or
X of the Act, although the validity and correctness of application of the
numeric criteria derived under Subpart F may be challenged in proceedings under
subsection (f).
f) Challenges to
Applying Criteria
1) A permittee may challenge
the validity and correctness of application of a criterion derived by the
Agency under this Section only at the time the criterion is first applied in an
NPDES permit under 35 Ill. Adm. Code
309.152 or in an action under
Title VIII of the Act for violation of the toxicity water quality standard.
Failure of a person to challenge the validity of a criterion at the time of its
first application will constitute a waiver of the challenge in any subsequent
proceeding involving the application of the criterion to that person.
2) Consistent with subsection (f)(1), if a
criterion is included as, or is used to derive, a condition of an NPDES
discharge permit, a permittee may challenge the criterion in a permit appeal
under Section 40 of the Act and 35 Ill. Adm. Code
309.181.
3) Consistent with subsection (f)(1), in an
action where the alleged violation of the toxicity water quality standard is
based on an alleged excursion of a criterion, the person bringing the action
will have the burdens of going forward with proof and of persuasion regarding
the general validity and correctness of application of the criterion.
g) Subsections (a) through (e) do
not apply to USEPA-registered pesticides approved for aquatic application and
applied under the following conditions:
1)
Application must be made in strict compliance with label directions;
2) Applicator must be properly certified
under the provisions of the Federal Insecticide, Fungicide, and Rodenticide Act
(7 U.S.C.
136 et seq.);
3) Applications of aquatic pesticides must
comply with the laws, regulations, and guidelines of all state and federal
agencies authorized by law to regulate, use, or supervise pesticide
applications.
4) Aquatic pesticides
must not be applied to waters affecting public or food processing water
supplies unless a permit to apply the pesticide has been obtained from the
Agency. All permits must be issued so as not to cause a violation of the Act or
any of the Board's rules. To aid applicators in determining their
responsibilities under this subsection, a list of waters affecting public water
supplies will be published and maintained by the Agency's Division of Public
Water Supplies.
