Illinois Administrative Code
Title 17 - CONSERVATION
Part 3702 - CONSTRUCTION AND MAINTENANCE OF DAMS
Section 3702.130 - Permit Application
Universal Citation: 17 IL Admin Code ยง 3702.130
Current through Register Vol. 48, No. 38, September 20, 2024
a) Notice and Comment
1) Upon receipt of a complete
application, OWR shall prepare and distribute a public notice of the
application, allowing a period of twenty-one (21) days for the submission of
comments. OWR may extend the comment period upon written request showing just
cause. The extension shall not exceed fifteen (15) days.
2) Public notices shall be released as a news
item through the Department's Office of Public Affairs, and shall be mailed to
the following:
A) Adjacent upstream and
downstream property owners.
B)
Interested state and federal agencies.
C) Area legislators.
D) Local officials.
E) Interested groups and
organizations.
3)
Failure to publish this notice will not affect the substantive or procedural
rights of any affected party.
4) If
relevant objections are received in response to the public notice, they shall
be forwarded to the applicant suggesting that a mutually satisfactory
resolution be achieved if possible. If a resolution cannot be achieved, the
applicant shall advise OWR of his views regarding the validity of the
statements contained in the objection. OWR will then evaluate the objections
and the applicant's response and determine the appropriate
resolution.
b) Public Hearing
1) If the application is for a new
dam, or for major modification to an existing dam, OWR may hold a public
hearing to take evidence concerning the proposed project. A public hearing
pursuant to Section
3702.170
shall be held in addition to the notice and comment procedures outlined in the
prior subsection (Section
3702.130(a)
) when OWR determines that such a hearing is in the public interest, or
believes it to be the most appropriate means of receiving information
concerning the application.
2) If
the application is for an existing dam which requires no major modifications,
OWR will not hold a hearing unless OWR determines that it is in the public
interest to do so.
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