Illinois Administrative Code (Last Updated: March 27, 2024) |
TITLE35. ENVIRONMENTAL PROTECTION |
PART309. PERMITS |
SUBPARTA. NPDES PERMITS |
§309.105. Authority to Deny NPDES Permits
-
An NPDES Permit must not be issued if:
a) The permit would authorize the discharge of a radiological, chemical, or biological warfare agent or high-level radioactive waste;
b) The discharge would, in the judgment of the Secretary of the Army acting through the Chief of Engineers, result in the substantial impairment of anchorage and navigation;
c) The Administrator of the U.S. Environmental Protection Agency objects in writing to the proposed permit under any right to object given to the Administrator under Section 402(d) of the CWA;
d) The permit would authorize a discharge from a point source that conflicts with a plan approved under Section 208(b) of the CWA; or
e) The applicant has not provided proof to the Agency that the applicant will meet any schedule of compliance that may be established as a condition of the permit under the Act and Board rules.
(Source: Amended at 47 Ill. Reg. 5017, effective March 23, 2023)