Illinois Administrative Code
Title 35 - ENVIRONMENTAL PROTECTION
Part 395 - PROCEDURES AND CRITERIA FOR CERTIFICATION OF APPLICATIONS FOR FEDERAL PERMITS OR LICENSES FOR DISCHARGES INTO WATERS OF THE STATE
Subpart D - AGENCY DECISION MAKING
Section 395.401 - Criteria for Certification, Waiver of Certification or Denial of Certification
Current through Register Vol. 48, No. 38, September 20, 2024
In making its determination, the Agency shall consider all information provided under Sections 395.203, 395.205, 395.301 and 395.303 of these rules.
a) Certification or waiver of certification by the Agency shall be based on its determination that the intended activities of the applicant shall not cause:
b) The Agency may place conditions on its certification or waiver of certification of activities under these rules. Such conditions shall relate to the characteristics of the specific site and the nature of the intended activities. The federal licensing or permitting authority is required to include such conditions in its license or permit.
c) When the Agency determines that the intended activities cannot be performed without violation of the criteria in subsection (a) of this section, it shall deny certification.
