Current through Register Vol. 48, No. 38, September 20, 2024
a) Except for a lateral expansion of an
existing MSWLF unit required to receive a permit modificaiton under Section
21(t) of the Act, by September 1, 1993, or within 30 days following the
effective date of P.A. 88-496 (September 13, 1993), whichever occurs first, the
owner or operator of an existing MSWLF unit shall submit to the Agency a
written application for a permit (if no permit has been issued under Section
21(d) of the Act) or a permit modification (if a permit has been issued under
Section 21(d) of the Act) on forms prescribed and provided by the
Agency.
b) Persons who submit an
application for a permit or permit modification under subsection (a) and
Section 22.42(a) of the Act shall be deemed to have an interim permit or
interim permit modification on October 9, 1993, or 30 calendar days after the
Agency receives the application under subsection (a) above and Section 22.42(a)
of the Act, whichever occurs first, except that:
1) The Agency may impose such conditions to
the interim permit or interim permit modification law as may be necessary to
accomplish the purposes of the Act and as are not inconsistent with the
regulations described in Section 22.41 of the Act.
2) No interim permit or interim permit
modification shall be deemed issued under this subsection and subsection
22.42(b) of the Act if the Agency provides written notification to the
applicant, by October 1, 1993 or within 30 calendar days after the Agency
receives the application under this Section, whichever occurs first, that:
A) The application is incomplete;
or
B) The applicant must submit an
application for a lateral expansion pursuant to Section21(t) of the
Act.
c) An
interim permit or an interim permit modification deemed issued under this
Section and Section 22.42 of the Act to an existing MSWLF until shall expire
upon the occurence of the following, whichever occurs first:
1) Six calendar years from the date upon
which the interim permit or interim permit modification was deemed to be issued
under this Section and Section 22.42 of the Act, except that in the event that
the agency is reviewing an application for a permit or a significant
modification of a permit for the MSWLF unit, or in the event that a Board
review of a permit denial or conditions of a permit or significant modification
of the permit for the MSWLF unit pursuant to Section 40 or 41 of the Act is
pending at the end of 6 calendar year period, the interim permit or interim
permit modification shall expire upon the issuance of the Agency's final action
on the application or upon the conclusion of the Board proceeding under
Sections 40 or 41 of the Act, including the exhaustion of all rights of appeal
of the parties to the proceeding.
2) Final action by the Agency on an
application for a permit or significant modification of a permit on or after
October 9, 1993, for the MSWLF unit where the Agency notifies the applicant
that the Agency's review of the application included a review of the MSWLF
unit's compliance with Board rules adopted under Section 22.40 or 22.41 of the
Act.
3) The Board revokes the
interim permit or the interim permit modification deemed issued under this
Section and Section 22.42 of the Act in an enforcement action brought under the
Act. (Section 22.42 of the Act.)
