TITLE 35: ENVIRONMENTAL PROTECTION

TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
1. CHAPTER I: POLLUTION CONTROL BOARD
2. SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING

PART 832

PROCEDURAL REQUIREMENTS FOR PERMITTING COMPOST FACILITIES

SUBPART A: GENERAL PROVISIONS

Section

832.101

Scope and Applicability

832.102 Severability

832.103

Form and Delivery of Permit Application

832.104 Required Notifications

832.105

Agency Decision Deadlines

832.106

Standards for Issuance of a Permit

832.107

Standards for Denial of a Permit

832.108 Permit Appeals

SUBPART B: ADDITIONAL PROCEDURES FOR MODIFICATION OF

PERMITS

Section

832.201

Agency-Initiated Modification of an Approved Permit

832.202

Procedures for a Modification of an Approved Permit

SUBPART C: ADDITIONAL PROCEDURES FOR THE RENEWAL OF

PERMITS

Section

832.301

Time of Filing

832.302

Effect of Timely Filing

832.303

Procedures for Permit Renewal

AUTHORITY

: Implementing Sections 5, 21, 22.26, 22.33, 22.34, 22.35, 39 and 40 and

authorized by Section 27 of the Environmental Protection Act [415 ILCS 5/5, 21, 22.26,

22.33, 22.34, 22.35, 39, 40 and 27].

BOARD NOTE

: This Part implements the Illinois Environmental Protection Act as of

July 1, 1994.

SOURCE

: Adopted at 18 Ill. Reg. 17009, effective November 15, 1994.

Section 832.101 Scope and Applicability

This Part contains the procedures to be followed by the Agency in processing permits

required pursuant to Section 21(d) of the Act and 35 Ill. Adm. Code 831. The

definitions set forth in 35 Ill. Adm. Code 830.102 apply to this Part.

Section 832.102 Severability

If any provision of this Rule is adjudged invalid, or if the application thereof to any

person or in any circumstance is adjudged invalid, such invalidity shall not affect the

validity of either this Part as a whole or any Subpart, Section, subsection, sentence or

clause thereof not adjudged invalid.

Section 832.103 Form and Delivery of Permit Application

All permit applications must be made on forms prescribed by the Agency, and must be

mailed or delivered to the address designated by the Agency on the forms. The Agency

shall provide a dated, signed receipt upon request. The Agency's record of the date of

filing shall be deemed conclusive unless a contrary date is proved by a dated, signed

receipt. Permit applications which are hand-delivered must be delivered during the

Agency's normal business hours.

Section 832.104 Required Notifications

The Agency shall not issue a development or construction permit after December 31,

1990 for any composting facility, unless the applicant has given notice thereof

In person or by mail to the members of the General Assembly from the

legislative district in which the proposed facility is to be located

;

By registered or certified mail to the owners of all real property located

within 250 feet of the site of the proposed facility (determined as provided

in subsection (b) of Section 39.2

of the Act); and

To the general public by publication in a newspaper of general circulation

in the county in which the proposed facility is to be located

. (Section

22.26 of the Act.)

1) At a minimum, the newspaper notification must meet the following

requirements:

A) Publication in the legal notice section of a daily newspaper

in circulation within the city or area in which the facility is

proposed to be located;

B) Published once a week for three successive weeks, pursuant

to Section 3 of the Illinois Notice by Publication Act [715

ILCS 5/3].

2) The newspaper notification should contain:

A) A description of the type of facility being proposed;

B) The location of the proposed facility;

C) The name of the person or corporation proposing the

facility with a contact person and phone number; and

D) Instructions to direct comments to the Agency in writing

within twenty-one (21) days after the date of last

publication. The Agency address and the phone number(s)

of the bureau(s) and section(s) reviewing the permit must

be provided.

3) The notification must not be published more than 3 months before

filing the application and must commence no later than the filing

date. Copies of the newspaper notification must either accompany

the application or be sent to the Agency within 30 days after filing

the application.

Section 832.105 Agency Decision Deadlines

If there is no final action by the Agency within 90 days after the filing of

the application for permit, the applicant may deem the permit issued;

except that this time period shall be extended to 180 days when notice and

opportunity for public hearing are required by State or Federal law or

regulation

. (Section 39(a) of the Act.)

b) An application for permit pursuant to this Part shall not be deemed filed

until the Agency has received all information and documentation in the

form and with the content required pursuant to this Part, 35 Ill. Adm.

Code 830 and 35 Ill. Adm. Code 831. However, if, pursuant to the

standards for the denial of a permit, the Agency fails to notify the

applicant within 30 days following the filing of a purported application

that the application is incomplete and the reason the Agency deems it

incomplete, the application shall be deemed to have been filed as of the

date of such purported filing as calculated pursuant to Section 832.103.

The applicant may treat the Agency's notification that an application is

incomplete as a denial of the application for the purpose of permit appeal.

c) The applicant may waive the right to a final decision within the decision

deadline. Such waiver shall be submitted in writing to the Agency prior to

the applicable deadline in subsection (a) of this Section.

d) The applicant may modify a permit application at any time prior to the

Agency decision deadline date. Any modification of a permit application

must constitute a new application for the purposes of calculating the

Agency decision deadline date.

e) Final action must be deemed to have taken place on the date that such

final action is signed.

f) The Agency shall mail all notices of final action by registered or certified

mail, postmarked with a date stamp and accompanied by a return receipt

request.

Section 832.106 Standards for Issuance of a Permit

When the Board has by regulation required a permit for the construction,

installation, or operation of any type of facility, equipment, vehicle, vessel,

or aircraft, the applicant shall apply to the Agency for such permit and it

shall be the duty of the Agency to issue such permit upon proof by the

applicant that the facility, equipment, vehicle, vessel, or aircraft will not

cause a violation of

the

Act or of regulations

set forth in 35 Ill. Adm.

Code: Chapter I.

In granting permits, the Agency may impose such conditions as may be

necessary to accomplish the purposes of

the

Act, and as are not

inconsistent with the regulations promulgated by the Board

No permit shall be issued by the Agency under

the

act for construction or

operation of any facility or site located within the boundaries of any

setback zone established pursuant to

the

Act, where such construction or

operation is prohibited

. (Section 39 of the Act.)

Section 832.107 Standards for Denial of a Permit

If the Agency denies any permit pursuant to this

Section,

the Agency shall

transmit to the applicant, within the time limitations

for Agency decision

deadlines,

specific, detailed statements as to the reasons the permit

application was denied. Such statements shall include but not be limited to

the following

The Sections of

the

Act that may be violated if the permit were granted

;

The provision of the regulations

set forth in 35 Ill. Adm. Code: Chapter I,

promulgated pursuant to

the

Act, that may be violated if the permit were

granted

;

The specific information, if any, the Agency deems the applicant did not

provide in its application to the Agency; and

A statement of specific reasons why the Act and the regulations

set forth in

35 Ill. Adm. Code: Chapter I

might be violated if the permit were

granted

. (Section 39(m) of the Act.)

Section 832.108 Permit Appeals

If the Agency refuses to grant or grants with conditions a permit under Section 39 of

the

Act, the applicant may, within 35 days, petition for a hearing before the Board to contest

the decision of the Agency

. (Section 40(a)(1) of the Act.) The petition shall be filed, and

the proceeding conducted, pursuant to the procedures of Section 40 of the Act and 35 Ill.

Adm. Code 101 and 105.

Section 832.109 Permit No Defense

The issuance and possession of a permit shall not constitute a defense to a violation of the

Act or any Board regulations, except for the development and operation of a facility

without a permit.

Section 832.110 Term of Permit

No permit issued pursuant to this part shall have a term of more than 5 years.

Section 832.111 Transfer of Permit

A permit may be transferred to a new operator only upon permit modification, pursuant

to this Part, to identify the new permittee and incorporate other requirements necessary

under the Act. The application must be signed by the existing owner or duly authorized

agent of the owner and the new owner and operator or duly authorized agents. The new

operator to whom the permit is transferred shall comply with all terms and conditions

specified in such permit.

SUBPART B: ADDITIONAL PROCEDURES FOR MODIFICATION OF

PERMITS

Section 832.201 Agency-Initiated Modification of an Approved Permit

a) The Agency may modify a permit under the following circumstances:

1) Discovery of a typographical, administrative, or calculation error;

2) Discovery that a determination or condition was based upon false

or misleading information;

3) An order of the Board issued in an action brought pursuant to Title

VII, IX or X of the Act; or

4) Promulgation of new statutes or regulations affecting the permit.

b) Modifications initiated by the Agency shall not become effective until 45

days after receipt by the operator, unless stayed during the pendency of an

appeal to the Board. The operator may request that the Agency reconsider

the modification, or may file a petition for hearing with the Board

pursuant to Section 832.108. All other time periods and procedures in

832.202 shall apply.

Section 832.202 Procedures for a Modification of an Approved Permit

Application for modification of an approved permit shall be subject to all requirements

and time schedules set forth in this Part.

SUBPART C: ADDITIONAL PROCEDURES FOR THE RENEWAL OF

PERMITS

Section 832.301 Time of Filing

An application for renewal of a permit must be filed with the Agency at least 90 days

prior to the expiration date of the existing permit.

Section 832.302 Effect of Timely Filing

When a permittee has made timely and sufficient application for the renewal of a permit,

the existing permit shall continue in full force and effect until the final Agency decision

on the application and any final Board decision on any appeal pursuant to Section 40

have been made, unless a later date is fixed by order of a reviewing court.

Section 832.303 Procedures for Permit Renewal

Applications for permit renewal are to be subject to the requirements and time schedules

set forth in Subpart A of this Part.