Illinois Administrative Code
Title 35 - ENVIRONMENTAL PROTECTION
Part 395 - PROCEDURES AND CRITERIA FOR CERTIFICATION OF APPLICATIONS FOR FEDERAL PERMITS OR LICENSES FOR DISCHARGES INTO WATERS OF THE STATE
Subpart B - PROCEDURES FOR CERTIFYING DREDGE AND FILL ACTIVITIES REQUIRING A CORPS OF ENGINEERS PERMIT
Section 395.204 - Material Testing Exemptions
Current through Register Vol. 48, No. 38, September 20, 2024
Dredge and fill material will be considered nonpolluted and, therefore, exempt from testing if all of the following conditions exist:
a) The material is composed predominantly of sand, gravel or other naturally occurring sedimentary material with particle sizes larger than silt, as defined in Section 395.205(a) (1).
b) The characteristics of the material at the disposal site are similar to the excavated material.
c) The excavation site is removed from known sources of pollution, toxic contamination and incidence of spills.
d) The discharge does not occur in waters of Lake Michigan or any waters determined to be nondegradation waters.
e) The discharge does not interfere with or threaten municipal or other public and food processing water supply sources.
f) The discharge is adjacent to the disposal site and the quality of the discharge is similar to natural background conditions.
