Federal and State Regulations


	Appendix B: Federal and State Regulations Below is a list of regulations relating to forest management and water quality that you should be aware of. Other regulations may also apply to your operations. For more information, contact U.S. Army Corps of Engineers. This is only a summary of laws and their provisions for your information. Please refer to actual law for their complete requirements to assure compliance. Federal Regulations Section 404 of the Clean Water Act. Under section 404, the U.S. Army Corps of Engineers requires permits for the alteration of wetlands and for the discharge of dredged or fill material into the waters of the United States (33 CFR 323.3). (Waters of the United States includes wetlands). There is a general exemption from section 404 for "normal farming, silvicultural, and ranching activities including plowing, seeding, cultivating, minor drainage, and harvesting for the production of food, fiber, and forest products, or upland soil and water conservation practices" (33 CFR 323.4). This is not a blanket exemption. There are 15 BMPs for "construction and maintenance of farm roads, forest roads, or temporary roads..." These 15 BMPs are listed in Wetlands. This exemption does not allow for activities that would convert a wetland from one use to another. Section 319 of the Clean Water Act. Section 319 of the Clean Water Act provides the state with the authority to assess nonpoint source pollution and introduce management programs for controlling pollution. Occupational Safety and Health Standards Section 1910.120 - Hazardous waste operations and emergency response. Paragraph (q) covers competency levels people need to conduct various response actions to a spill. State of Illinois Regulations PROTECTING ILLINOIS WATERS A COOPERATIVE EFFORT: BY YOU AND ILLINOIS ENVIRONMENTAL PROTECTION AGENCY, ILLINOIS DEPARTMENT OF NATURAL RESOURCES AND U.S. ARMY CORPS OF ENGINEERS PERMIT REQUIREMENTS FOR THE STATE OF ILLINOIS JOINT APPLICATION PROCESS Construction projects in Illinois waterways, floodplains and wetlands often require both State and Federal authorization. This application packet is designed to simplify the approval process for the applicant seeking project authorizations from the U.S. Army Corps of Engineers (USCOE), The Illinois Department of Natural Resources, Office of Water Resources (IDNR/OWR) and the Illinois Environmental Protection Agency (IEPA). Please refer to the map in Appendix A for agency addresses and telephone numbers. Each of these agency's authorities and requirements are briefly explained in the following paragraphs. Application forms are available from any of the listed agencies. Anyone proposing to construct, operate or maintain any dam, dock, pier, wharf, sluice, levee, dike building, utility crossing, piling, wall, fence or other structure in, or dredge, fill or otherwise alter the bed or banks of any stream, lake, wetland, floodplain or floodway subject to State or Federal regulatory jurisdiction should apply for agency approvals. The appropriate copy of the joint application form, drawing, and copy of any additional support information should be sent to each of the regulatory agencies. Approvals may be required by any or all of the agencies. Applications filed simultaneously with USCOE, IDNR/OWR, and IEPA will be processed concurrently, in an independent manner, and should result in expedited receipt of all agency determinations. If a permit is not required by one or more of the agencies they will inform the applicant and other agencies. Coordination with the regulatory and other review agencies is recommended as early as possible during the project planning stage. This allows revisions or other measures necessary to meet agency requirements to be make before project plans are finalized. AGENCY AUTHORITIES AND REQUIREMENTS 1. The basis for the U.S. Army Corps of Engineers regulatory function over public waterways was formed in 1899 when Congress passed the Rivers and Harbors Act of 3 March 1899. Until 1968, the Rivers and Harbors Act of 1899 was administered to protect only navigation and the navigable capacity of this nation's waters. In 1968, in response to a growing national concern for environmental values, the policy for review of permit applications with respect to Sections 9 and 10 of the Rivers and Harbors Act was revised to include additional factors (fish and wildlife, conservation, pollution, aesthetics, ecology, and general welfare) besides navigation. This new type of review was identified as a "public interest review." The Corps of Engineers regulatory function was expanded when Congress passed the Federal Water Pollution Control Act Amendments of 1972 and then the Clean Water Act Amendments in 1977. The purpose of the Clean Water Act was to restore and maintain the chemical physical, and biological integrity of this nation's waters. The "waters of the United States" regulated by the Corps of Engineers under Section 404 of the Clean Water Act includes most wetland areas. The Corps of Engineers is responsible for determining the jurisdictional limits of wetlands and other Waters of the United States. Applicants may, however, elect to have a qualified representative conduct the appropriate preliminary wetland delineation for submittal with the permit application. All such determinations are subject to verification and confirmation by the Corps of Engineers. Although applicants are not required to provide a wetland delineation, these can assist in reducing delays associated with normal permit processing. Contact the appropriate Corps District office for additional information. With your help Illinois Waters can be protected for future generations. 2. The Illinois Department of Natural Resources, Office of Water Resources, regulatory authority is the Rivers, Lakes and Streams Act (615ILCS5, 1994). Under this authority, permits are required for dams, for any construction within a public body of water, and for construction within floodways. Generally, floodway projects also require local authorization. In addition, map revision approvals may be required by IDNR/OWR and by the Federal Emergency Management Agency (FEMA) for major projects. Information and specific project requirements may be obtained as follows: For Lake Michigan - All projects in or along Lake Michigan are subject to the Regulation of Public Waters rules (92 Illinois Administrative Code, Part 704). Joint permits are required for any work in Lake Michigan from IDNR/OWR and IEPA. Contact the Lake Michigan Management Section, Illinois Department of Natural Resources, Office of Water Resources, 310 S. Michigan - Room 1606, Chicago, IL 60604, (312) 793-3123. For Cook, Lake, McHenry, DuPage, Kane and Will Counties - All projects within designated floodways are subject to the Floodway Construction Rules (92 Illinois Administrative Code, Part 708). Dams are subject to the Rules for Construction and Maintenance of Dams (92 Illinois Administrative Code, Part 702). All projects in public waters are subject to the Regulation of Public Waters rules (92 Illinois Administrative Code, Part 704). All other floodway construction projects are subject to the Construction in Floodways of Rivers, Lakes and Streams rules (92 Illinois Administrative Code, Part 700). Contact the Northeastern Illinois Regulatory Programs Section, Illinois Department of Natural Resources, Office of Water Resources, 201 W. Center Court - 3rd floor, East Schaumburg, IL 60196-1096, (847)705-4341. For the remainder of the State - Dams are subject to the Rules for Construction and Maintenance of Dams (92 Illinois Administrative Code, Part 702). All projects in public waters are subject to the Regulation of Public Waters rules (92 Illinois Administrative Code, Part 704). All other floodway construction projects are subject to the Construction in Floodways of Rivers, Lakes and Streams rules (92 Illinois Administrative Code, Part 700). Contact the Downstate Regulatory Programs Section, Illinois Department of Natural Resources, Office of Water Resources, 524 South Second Street, Springfield, IL 62701-1787, (217) 782-3863. The Illinois Department of Natural Resources is also responsible under Illinois statutes for conserving and preserving the State's natural resources. Under the provisions of the Fish and Wildlife Coordination Act (16 U.S.C. 661-661) the Department is given permit review responsibilities relative to Corps of Engineers permit applications. The Department also administers the Interagency Wetland Policy Act of 1989 which is applicable to State agency actions and the Illinois Endangered Species Protection Act (Section 341) which is applicable to state agencies and local governments. Consultation with the Department under these Acts may be necessary in addition to these permit requirements. Questions pertaining to this portion of the Department's role should be addressed to the Illinois Department of Natural Resources, Office of Realty and Environmental Planning, Division of Natural Resource Review and Coordination, 524 South Second Street, Springfield, IL 62701-1787, (217) 785-5500. 3. The Illinois Environmental Protection Agency provides water quality certification pursuant to Section 401 of the Clean Water Act. This certification is mandatory for all projects requiring a Section 404 permit. In addition to determining that the proposed work will not violate the applicable water quality standards, the IEPA also makes a determination of additional permit requirements pursuant to the Illinois Pollution Control Board Rules and Regulations. Additional permits may be required for activities such as construction of sanitary sewers, water mains, sewage and water treatment plants, landfill and mining activities, special waste hauling and disposal (of dredged material), and other miscellaneous activities. Separate applications are necessary if it is determined that IEPA permit is required. For projects in Lake Michigan, a joint permit is required from the IEPA and IDNR/OWR in addition to the Section 401 certification and 404 permit. Application for any structure or work in Lake Michigan may be filed with appropriate agencies using this form. Contact the IEPA, Division of Water Pollution Control, Permit Section #15, 1021 North Grand Avenue East, P.O. Box 19276, Springfield, IL 62794-9276, (217) 782-0610. 4. If the project involves the construction of a power plant, utility pipelines, electric transmission or distribution lines, Illinois Commerce Commission approval may be required. 5. Also, depending on the location and type of work to be performed, there may be additional local government approvals required. Rivers, Lakes, and Streams Act 615 ILCS 5/5. Jurisdiction - Duties - List of waters The Department of Natural Resources shall upon behalf of the State of Illinois, have jurisdiction and supervision over all of the rivers and lakes of the State of Illinois, wherein the State of Illinois or the people of the State have any rights or interests, and shall make a list by counties of all the waters of Illinois, showing the waters, both navigable and non-navigable, that are found in each county of the State, and if the same are lakes, the extent of the shore lines and the amount, extent and area of the water surface; and in a like way, if the same are rivers, and specifying whether the same are navigable or non-navigable, and whether they have or have not been meandered. Interagency Wetlands Policy Act of 1989 20 ILCS The Interagency Wetlands Policy Act established Illinois' goal of no overall net loss of wetlands due to state-supported activities. The act supports this goal by requiring the development of agency action plans and establishing mitigation policy. The Interagency Wetlands Policy Act is the first regulatory program in Illinois that is dedicated solely to the protection of state wetlands. This act established the goal of no overall net loss of Illinois wetland acres or functional values due to state-supported activities. The act also required state agencies to preserve, enhance, and create wetlands as necessary in order to increase the quality of wetland resources in Illinois. This act is implemented through the use of the State Wetlands Mitigation Policy and Agency Action Plans. The mitigation policy strongly encourages agencies to avoid impacting wetlands. If impacts are unavoidable, compensation must occur through a combination of creation, restoration, acquisition, or research projects on a least a one-to-one replacement ratio. Agency action plans are required of all agencies on the Interagency Wetlands Committee. These plans provide a procedural guide for implementing this act, and must include provisions for conflict resolution, compensation plan development, and scientific monitoring. Action plans also provide procedures for minimizing wetland destruction, increasing wetland quantity and quality, coordinating with other state programs, acquiring wetlands, and ensuring minimal impact on historical and archaeological resources. ILLINOIS CONSERVATION LAW Fish and Aquatic Life Code Article 5. Fish Protection Fourth paragraph under 515 ILCS 5/5-5. Ownership and title; violations; penalties. If any person shall abandon, deposit, or otherwise place any wire, can, bottle, glass, paper, trash rubbish, cardboard, wood cartons, boxes, trees, parts of trees, brush, or other insoluble material, including animal or vegetable material, into the waters or upon the ice of any waters of this State, or in any place on the bank of waters of this State where it shall be liable to be washed into the waters either by storms, floods, or other causes, the person shall be in violation of the offense of polluting. Employees of the Department, however, may place or direct the placement, in the waters of the State, of insoluble materials deemed suitable for the purposes of enhancing aquatic habitat. Any person who shall be found guilty under this Section shall be guilty of a petty offense, and the Court shall further order that the guilty person shell employ every practical means of removing the debris within a time specified by the Court. Failure to comply with an order under this Section shall constitute a Class B misdemeanor.