1. a) A National Pollutant Discharge Elimination System (NPDES) permits is required for the construction, modification, or operation of a facility that contains, grows, or holds aquatic animals in ponds, raceways, or similar structures for production, such as a hatchery or fish farm, and that discharges for any 30 or more days per year, except that an NPDES permit is not required for:

   1. 1) A closed pond that discharges only during periods of excess runoff; or
   2. 2) A facility that produces less than 20,000 pounds of aquatic animals per year.
2. b) An NPDES permit is required for any facility that contains, grows, or holds any species of fish or other aquatic animal life non-native to the United States and that discharges to a navigable water at any time. Non-native species of fish are identified in Special Publication No. 6 of the American Fisheries Society, entitled "A List of Common and Scientific Names of Fishes from the United States and Canada" (Washington, D.C., American Fisheries Society, 1970); except that carp (Cyprinus carpio), goldfish (Carassius auratus), and brown trout (Salmo trutta) are considered native species for this regulation.

(Source: Amended at 48 Ill. Reg. 3269, effective February 15, 2024)