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