CBA Record November-December 2021

industrial process; any solid, liquid, or gas- eous waste; and any other substance whose discharge would pollute the waterbody or cause a violation of the State’s effluent or water quality standards. If a business has a wastewater discharge, it may be required to obtain an NPDES permit. Stormwater discharges may also require an NPDES permit, depending on the discharger. A state water pollution control con- struction permit may be required if an entity is constructing or modifying a treat- ment works; pretreatment works; waste- water source; or sewer. In addition, a state operating water permit may be required to use or operate a treatment works, pretreat- ment works, sewer, or wastewater source for which a state construction permit is required. Section 401 WQC and Section 404 permits must be obtained before dredg- ing, filling, or otherwise altering the bed or banks of, or constructing, operating or maintaining any dam, pier, dock, wharf, levee, sluice, dike, building, utility and road crossings, piling, wall, fence or other structure in, any stream, wetland, lake, floodplain, or floodway subject to state or federal jurisdiction. Section 401 of the federal Clean Water Act, 33 U.S.C. § 1341, requires a business to request a WQC from the IEPA, which must grant or waive the certification before Army Corps of Engineers and IDNR will authorize a potential discharge of dredged or fill material to a waterbody. In consid- ering WQC requests, IEPA reviews the potential impacts on water quality caused by the proposed activity and determines whether the proposed activity meets the state water quality standards set forth in 35 Ill. Admin. Code, Subtitle C. If the IEPA includes conditions or monitoring requirements in the WQC, those condi- tions become part of any federal permit. After obtaining the WQC, a business will need to obtain either a general permit or an individual permit from the Army Corps of Engineers (and sometimes IDNR) for projects that do not meet the conditions for a general permit. Water permit application forms and fur- ther guidance are available on the Bureau of Water’s website at

topics/forms/water-permits/Pages/default. aspx and on Army Corps of Engineers website at Civil-Works/Regulatory-Program-and- Permits/Obtain-a-Permit. Illinois Spill Response Obligations Federal and Illinois state laws requires facilities to respond to and report spills of oil and regulated substances in a variety of circumstances. Oil Spills For oil spills, a federally mandated response plan prepared by the facility owner or operator may specify how to respond to a spill. The federal Spill Prevention, Control, and Countermeasure (SPCC) rule requires facilities that collectively store more than 1,320 gallons of oil above ground that could reasonably be expected to discharge oil to a regulated water body to implement an oil spill prevention plan. Only con- tainers with 55 gallons or greater storage capacity count towards the 1,320-gallon threshold. The SPCC plan must address discharge prevention measures; control measures; and countermeasures to contain, clean up, and mitigate the effects of an oil spill. The SPCC plan must also list the federal, state, and local agencies that must be contacted in case of a discharge, such as the Illinois Emergency Management Agency (IEMA) or the Local Emergency Planning Com-

mittee (LEPC) likely to be affected by the release.

Regulated Substances If there is a suspected release of a regulated substance (as defined in section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act but not hazardous waste) or petroleum from an underground storage tank (UST), the UST owner or operator must imme- diately report that spill to IEMA. Once confirmed, the spill must also be reported to the 9-1-1 call center if it involves a spill of petroleum products over 25 gallons, a spill of hazardous substances over a report- able quantity (see 41 Ill. Admin. Code § 174.100), or a release that presents a hazard to life. The UST owner or operator must and immediately clean up the spill and begin any corrective action needed pursu- ant to 35 Ill. Admin. Code Pt. 734. Hazardous Substances If a facility releases a reportable quantity of a “hazardous substance” (see Table 302.4 of 40 C.F.R. § 302.4) or an “extremely hazardous substance” (see Appendix A of 40 C.F.R. Pt. 355), the owner or operator of the facility must immediately call the IEMA, LEPC, and, if the substance is a “hazardous substance” under CERCLA, the federal National Response Center. Immediate notification is also required, regardless of the spill volume, if a member


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