35 Ill. Adm. Code 845.110
Applicability of Other Regulations
Section 845.110 Applicability of Other Regulations
a) Compliance
with the requirements of this Part does not affect the need for the owner or
operator of a CCR surface impoundment, or lateral expansion of a CCR surface
impoundment, to comply with all other applicable federal, state, tribal, or
local laws or other requirements.
b) Any
CCR surface impoundment or lateral expansion of a CCR surface impoundment is
subject to the following requirements:
1) Illinois Endangered Species Protection Act [520
ILCS 10] and 40 CFR 257.3-2.
2) Surface
Water
A) A
facility must not cause a discharge of pollutants into waters of the United
States that is in violation of the requirements of the National Pollutant
Discharge Elimination System (NPDES) under section 402 of the Clean Water Act.
B) A
facility must not cause a discharge of dredged material or fill material to
waters of the United States that is in violation of the requirements under section
404 of the Clean Water Act, as amended.
C) A
facility or practice must not cause non-point source pollution of waters of the
United States that violates applicable legal requirements implementing an
areawide or statewide water quality management plan that has been approved by
USEPA under section 208 of the Clean Water Act, as amended.
D) Definitions
of the terms "discharge of dredged material", "point source",
"pollutant", and "waters of the United States" can be found
in the Clean Water Act, as amended (33 USC 1251 et seq.) and implementing
regulations, specifically 33 CFR 323 (42 FR 37122, July 19, 1977).
E) Except
as in compliance with the provisions of the Act, Board regulations, and the
CWA, and the provisions and conditions of the NPDES permit issued to the
discharger, the discharge of any contaminant or pollutant by any facility into the
waters of the State from a point source or into a well will be unlawful.
3) Rivers,
Lakes and Streams Act [615 ILCS 5/23 and 23(a)] and 17 Ill. Adm. Code 3702.