Current through Register Vol. 48, No. 12, March 22, 2024
a) Existing and new
CCR surface impoundments, and all lateral expansions of CCR surface
impoundments, must not be located in wetlands unless the owner or operator
demonstrates the following:
1) When
applicable under section 404 of the Clean Water Act, Interagency Wetlands
Policy Act of 1989 [20 ILCS 830] and Rivers, Lakes, and Streams Act [615 ILCS
5], or other applicable State wetlands laws, a clear and objective rebuttal of
the presumption that an alternative to the CCR surface impoundment is
reasonably available that does not involve wetlands.
2) The construction and operation of the CCR
surface impoundment will not cause or contribute to any of the following:
A) A violation of any applicable State or
federal water quality standard;
B)
A violation of any applicable toxic effluent standard or prohibition under
section 307 of the Clean Water Act;
C) Jeopardize the continued existence of
endangered or threatened species or result in the destruction or adverse
modification of a critical habitat, protected under the Endangered Species Act
of 1973 (16
USC 1531 et seq.) and the Illinois Endangered
Species Protection Act [520 ILCS 10]; and
D) A violation of any requirement under the
Marine Protection, Research, and Sanctuaries Act of 1972 (16 USC
1431 and
33
USC 1401) for the protection of a marine sanctuary.
3) The CCR surface impoundment will not cause
or contribute to significant degradation of wetlands by addressing all the
following factors:
A) Erosion, stability, and
migration potential of native wetland soils, muds and deposits used to support
the CCR surface impoundment;
B)
Erosion, stability, and migration potential of dredged and fill materials used
to support the CCR surface impoundment;
C) The volume and chemical nature of the
CCR;
D) Impacts on fish, wildlife,
and other aquatic resources and their habitat from release of CCR;
E) The potential effects of catastrophic
release of CCR to the wetland and the resulting impacts on the environment;
and
F) Any additional factors, as
necessary, to demonstrate that ecological resources in the wetland are
sufficiently protected.
4) To the extent required under section 404
of the Clean Water Act or applicable State wetlands laws, steps have been taken
to attempt to achieve no net loss of wetlands (as defined by acreage and
function) by first avoiding impacts to wetlands to the maximum extent
reasonable as required by subsections (a)(1) through (3), then minimizing
unavoidable impacts to the maximum extent reasonable, and, finally, offsetting
remaining unavoidable wetland impacts through all appropriate and reasonable
compensatory mitigation actions (e.g., restoration of existing degraded
wetlands or creation of man-made wetlands); and
5) Sufficient information is available to
make a reasoned determination with respect to the demonstrations in subsections
(a)(1) through (4).
b)
The owner or operator of the CCR surface impoundment must obtain a
certification from a qualified professional engineer stating that the
demonstration meets the requirements of subsection (a).
c) The owner or operator of an existing CCR
surface impoundment must complete the demonstration required by subsection (a)
and submit the completed demonstration, along with the qualified professional
engineer's certification, to the Agency with the facility's initial operating
permit application.
d) The owner or
operator of a new CCR surface impoundment or a lateral expansion of a CCR
surface impoundment must submit plans and specifications in a construction
permit application that demonstrate the CCR surface impoundment will be
constructed under subsection (a). Upon completion of construction, the owner or
operator must obtain a certification from a qualified professional engineer
that the CCR surface impoundment or lateral expansion was constructed in
accordance with the requirements in subsection (a) and submit the certification
to the Agency in the facility's initial operating permit application.