35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 170
    SUBTITLE A
     
    TITLE 35: ENVIRONMENTAL PROTECTION
    SUBTITLE A: GENERAL PROVISIONS
    CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
     
    PART 170
    PROCEDURES FOR COORDINATED PERMIT REVIEW
     
    Section
    170.101 Introduction
    170.102 Definition
    170.103 Purpose
    170.104 Applicability
    170.110 Procedures
    170.111 Step 1 – Discussion of Overall Project (Optional)
    170.112 Step 2 – Discussion Specific to Each Division (Optional)
    170.113 Step 3 – Submission of Project Plan
    170.114 Step 4 – Submission of Total Project Application
    170.115 Step 5 – Permit Issuance
    170.116 Supplemental Permits
    170.120 Public Participation
    APPENDIX A Rule into Section Table
     
    AUTHORITY: Implementing and authorized by Section 39 of the Environmental Protection Act
    (Ill. Rev. Stat. 1981, ch. 111½, par. 1039).
     
    SOURCE: Adopted at 3 Ill. Reg. 47, p. 79, effective November 14, 1979; codified at 8 Ill. Reg.
    868.

    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC.170.101
    SUBTITLE A
     
     
    Section 170.101 Introduction
      
     
    a) Pursuant to Section 39 of the Environmental Protection Act (Act) (Ill. Rev. Stat.
    1981, ch. 111½, par. 1039), the Environmental Protection Agency (Agency)
    issues permits and is authorized to adopt procedures as are necessary to carry out
    its permit duties.
    b) The Pollution Control Board (Board) requires permits for the
    construction/development of facilities which may cause or are designed to control
    pollution of the air, land or waters of the State and of public water supplies.
    c) The separate permit programs, which are administered by the Agency's Divisions
    of Air Pollution Control, Water Pollution Control, Land/Noise Pollution Control
    and Public Water Supplies, address different but sometime overlapping concerns.
    In regard to any one project, the applicant may be subject to varying permit
    procedures, conflicting permit conditions, requests for duplicate information, and
    several permit reviews which may cause misunderstandings as to which Division
    is regulating various aspects of the project. To avoid such problems, as far as
    possible, the Agency has established a Coordinated Permit Review and
    promulgates these procedures for implementing the Coordinated Permit Review
    process.

    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC.170.102
    SUBTITLE A
     
     
    Section 170.102 Definition
      
     
    The Coordinated Permit Review is the procedure the Agency shall use to conduct a concurrent,
    multimedia review of projects which require Agency permits. As used herein, multimedia refers
    to the air, waters (including public water supplies) and land of the State as they are subject to the
    jurisdiction of the corresponding pollution control Divisions of the Agency.

    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC.170.103
    SUBTITLE A
     
     
    Section 170.103 Purpose
      
     
    The Coordinated Permit Review process is intended to simplify and reduce the burden of permit
    requirements imposed on the applicant; to enable the Agency to perform a comprehensive review
    in order to minimize the adverse impact on the environment as a result of the activities for which
    authorization is being sought; to expedite the steps of the permit process and, consequently, to
    conserve human and economic resources.

    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC.170.104
    SUBTITLE A
     
     
    Section 170.104 Applicability
      
     
    a) Coordinated Permit Review shall be used in evaluating applications for permits to
    construct or develop projects that are significant with respect to two or more
    Agency Divisions. This procedure shall not apply to operating permits.
    b) For the purposes of this procedure only, a significant project for the various
    Agency Divisions and media will be as defined below.
    1) For purposes of the Division of Air Pollution Control, a significant
    project is: a new facility; a modification, replacement or reconstruction of
    an existing facility; or the addition of controls to an existing facility for
    which the uncontrolled emissions:
    A) Will be 100 or more tons per year for any contaminant, or
    B) Will include any hazardous or toxic pollutants.
    2) For purposes of the Division of Water Pollution Control, a significant
    project is: a new wastewater facility; a modification or expansion of an
    existing facility; or the addition of treatment to an existing facility for
    which:
    A) The design population equivalent is 10,000 PE or greater, or
    B) The wastewater contains any hazardous or toxic pollutants and the
    industry is classified as a primary industry under the provisions of
    the Federal Water Pollution Control Act (P.L. 92-500), as
    amended.
    3) For purposes or the Division of Land Pollution Control, a significant
    project is any new or existing waste management site or facility that deals
    with storage, transfer, processing, recovery, incineration and disposal of
    any waste.
    4) For purposes of the Division of Public Water Supplies, a significant
    project is one which comes under the jurisdiction of the Division of Public
    Water Supplies and may be
    A) A new public water supply (community supply or non-community
    supply); or
    B) A modification, replacement or expansion of an existing public
    water supply (community supply or non-community supply).
    c) Projects involving only an application for permit to open, operate or close a coal
    mine are exempt from this procedure.

    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC.170.110
    SUBTITLE A
     
     
    Section 170.110 Procedures
      
     
    The procedures for implementing the Agency's Coordinated Permit Review include five steps of
    which only Steps 1 and 2 are optional. These steps are detailed in the following Sections
    170.111 through 170.116.

    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC.170.111
    SUBTITLE A
     
     
    Section 170.111 Step 1 – Discussion of Overall Project (Optional)
      
     
    a) Upon initial contact regarding a project to which these procedures may be
    applicable, the Division will immediately convene a Coordinated Permit Review
    Group. This Group will consist of representatives of each Division.
    b) The coordinated Permit Review Group will meet with the applicant and discuss
    all phases of the conceptual plans, project design and development and will
    review Divisional requirements. The Group and applicant will discuss inter-
    Divisional coordination as applicable to the project. At this time, details of the
    Coordinated Permit Review requirements and procedures will be explained to the
    applicant.
    c) The intended outcome of the meeting in (b) above will be a consensus regarding
    general project feasibility with respect to environmental concerns and the
    establishment of a Lead Division. Each Division affected will identify a
    Divisional Coordinator for the project and the Lead Division Coordinator shall be
    the Project Coordinator for the duration of the review process. The Project
    Coordinator will be the contact person between the Agency and the applicant.

    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC.170.112
    SUBTITLE A
     
     
    Section 170.112 Step 2 – Discussion Specific to Each Division (Optional)
      
     
    a) After initial contact with the Agency, the applicant may engage in detailed
    discussions with each affected Division. The applicant will contact the Project
    Coordinator who will arrange meetings between the applicant and one or more
    Divisional Coordinators.
    b) The applicant will be provided with information necessary to obtain Agency
    permits, including relevant application forms, that will enable him to proceed with
    preliminary project design. Specific Divisional requirements will be discussed at
    this time.

    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC.170.113
    SUBTITLE A
     
     
    Section 170.113 Step 3 – Submission of Project Plan
      
     
    a) Each applicant shall submit an overall project plan for each medium. The project
    plan is a preliminary engineering document which defines the scope of the total
    project and generally assembles basic information including, for example, the
    following: preliminary project layout; assumptions and design criteria; a
    discussion of how environmental regulations and requirements will be met,
    including coordination of multimedia interrelationships; and the project
    milestones. This plan, which provides the continuing technical basis for the
    detailed design and preparation of final engineering plans and specifications, shall
    contain, as a minimum, a discussion of:
    1) The interrelationships among the various aspects of environmental control;
    2) Selected controls;
    3) Preliminary design considerations
    for each medium, and for each phase if
    construction or development will be phased; and
    4) The timetable for project implementation for each medium.
    b) The project plan shall be submitted to the Agency at any time but no later than at
    the time of submission of the project permit application.
    c) During the review of the project plan, the agency will resolve conflicts arising out
    of specific Divisional requirements.
    d) The Agency will provide a written response to the applicant within 45 days of
    receipt of the project plan except that when a project plan is submitted with the
    permit application, it shall be considered as part of the application.

    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC.170.114
    SUBTITLE A
     
     
    Section 170.114 Step 4 – Submission of Total Project Application
      
     
    The permit application shall incorporate each medium and phase of the overall project. If a
    series of applications is contemplated because of the phased nature of a project, where final
    design commitments may not be feasible for the latter phases at the same time that a permit
    application must be made for the initial phases, the applications may be staggered, provided that
    the project plan has adequately addressed the preliminary design considerations for each medium
    and phase.
    a) Upon receipt of the project permit application, the Project Coordinator will
    transmit appropriate sections of the application to specific Divisions.
    b) If one Division's application is incomplete then the total project application shall
    be deemed incomplete. However, the technical review of the application will
    continue for complete sections of the application.
    c) After review by each Division, denials in the form of notices of incompleteness, if
    appropriate, shall be prepared and transmitted to the applicant within 30 days.
    d) All resubmissions of applications will be handled in the same manner as the initial
    submissions.
    e) During the Agency review period all applicant-Agency interaction will be through
    the Project Coordinator.
    f) After completion of review of the total project application, if one Division denies
    its section of the application, then the total application will be denied.
    g) When an application is denied, a meeting may be scheduled between the applicant
    and the Agency to discuss the denial.

    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC.170.115
    SUBTITLE A
     
     
    Section 170.115 Step 5 – Permit Issuance
      
     
    When all the Divisions have approved their sections of the total project application, the total
    project shall be permitted.

    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC.170.116
    SUBTITLE A
     
     
    Section 170.116 Supplemental Permits
      
     
    Requests for supplemental permits to modify or revise a permit previously issued under this
    procedure shall be handled in the same manner as the initial permit application. However, the
    procedure may be initiated at any step up to Step 4, depending on the complexity of the
    modification or revision.

    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC.170.120
    SUBTITLE A
     
     
    Section 170.120 Public Participation
      
     
    a) Public participation in projects to which these procedures are applicable shall
    conform to Federal and State laws and regulations and to existing Agency
    procedures.
    b) Opportunities for public participation shall include, but not be limited to, the
    following:
    1) The Agency shall give notice of the receipt of a request for a permit for a
    refuse disposal facility to those persons identified in Section 39 of the Act.
    2) The Agency shall give joint notice of intent to give preliminary approval
    to permit applications which are reviewed under Section 170.114 (Step 4)
    of these procedures.
    3) A public hearing shall be held when Federal or State laws and regulations
    or existing Agency procedures require a hearing.
    4) All aspects of the project for which permits are required are proper subject
    matter for hearings under these procedures.
    5) The Agency shall consider all comments in the hearing record when
    deciding to issue a permit or to deny the permit applications, and when
    placing conditions upon permits which are issued. The Agency shall
    prepare a general summary of comments and testimony in the hearing
    record and shall respond to the questions and comments, either
    individually or by category. This summary shall be available to the public
    on request.
    c) For public participation purposes, if confidential information is submitted as part
    of the permit application, the applicant shall submit a second, nonconfidential
    application which shall state where information has been omitted as confidential.

    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC.170.App.a
    SUBTITLE A
     
    Section 170.APPENDIX A Rule into Section Table
      
     
    Rule Section
    I 170.101
    II 170.102
    170.103
    170.104
    III 170.110
    170.111
    170.112
    170.113
    170.114
    170.115
    170.116
    IV 170.120
    Added in Codification Appendix A
     
     

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