35 Ill. Adm. Code 845.310
Wetlands
Section 845.310 Wetlands
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.