Current through Register Vol. 48, No. 38, September 20, 2024
a) All
permit applications must be made on the forms prescribed by the Agency and must
be mailed or delivered to the address designated by the Agency on the forms.
The Agency must provide a dated, signed receipt upon request. The Agency's
record of the date of filing must be deemed conclusive unless a contrary date
is proved by a dated, signed receipt.
b) Required Signatures of Owners or Operators
1) All permit applications must contain the
name, address, email address and telephone number of the operator, or duly
authorized agent, and the property owner to whom all inquiries and
correspondence must be addressed.
2) All permit applications must be signed by
the owner, operator or a duly authorized agent of the operator.
3) An application submitted by a corporation
must be signed by a principal executive officer of at least the level of vice
president, or his or her duly authorized representative, if that representative
is responsible for the overall operation of the facility described in the
application form. In the case of a partnership or a sole proprietorship, the
application must be signed by a general partner or the proprietor,
respectively. In the case of a publicly owned facility, the application must be
signed by either the principal executive officer, ranking elected official, or
other duly authorized employee.
c) Legal Description. All permit applications
must contain a legal description of the facility boundary and a description of
the boundaries of all units included in the facility.
d) Previous Assessments, Investigations,
Plans and Programs
1) The Agency may approve
the use of any hydrogeologic site investigation or characterization,
groundwater monitoring well or system, or groundwater monitoring plan, bearing
the seal and signature of an Illinois Licensed Professional Geologist or
Licensed Professional Engineer, completed before April 21, 2021 to satisfy the
requirements of this Part.
2) For
existing CCR surface impoundments, the owner or operator of the CCR surface
impoundment may use a previously completed location restriction demonstration
required by Section
845.300
(Placement Above the Uppermost Aquifer), Section 845.310(Wetlands), Section
845.320 (Fault Areas), Section 845.330 (Seismic Impact Zones), and Section
845.340 (Unstable Areas) provided that the previously completed assessments
meet the applicable requirements of those Sections.
3) For existing CCR surface impoundments, the
owner or operator of the CCR surface impoundment may use a previously completed
assessment to serve as the initial assessment required by Section 845.440
(Hazard Potential Classification Assessment), Section 845.450 (Structural
Stability Assessment) and Section 845.460 (Safety Factor Assessment) provided
that the previously completed assessment:
A)
Was not completed more than five years ago; and
B) Meets the applicable requirements of those
Sections.
4) For
inactive closed CCR surface impoundments, the owner or operator of the CCR
surface impoundment may use a post-closure care plan previously approved by the
Agency.
e) The Agency
must mail all notices of final action by certified mail, postmarked with a date
stamp and with return receipt requested. Final action must be deemed to have
taken place on the postmarked date that the notice is mailed.
f) Violation of any permit condition or
failure to comply with the Act or regulations promulgated under the Act must be
grounds for enforcement action as provided in the Act, including revocation of
a permit.
g) Issuance of a permit
under this Part does not relieve the applicant of the obligation to obtain
other permits required by law.
h)
The owner or operator must place in the facility's operating record all permit
applications submitted to the Agency and all permits issued under this Part
(see Section 845.800(d)(1)).
i)
Agency Listserv
1) For each facility subject
to this Part, the Agency must create and maintain a listserv. Each listserv
must include the email addresses of all interested persons who notify the
Agency in writing - either directly under subsection (i)(2) or through the
facility owner or operator under Section
845.220(a)(9)
or 845.240(f)(4) - of their respective email addresses and that they would like
to receive emails of notices concerning the facility.
2) The Agency's webpage must specify how
interested persons may notify the Agency in writing of their respective email
addresses and that they would like to be added to the Agency's listserv for a
facility subject to this Part.
3)
When this Part requires that the Agency email a notice to the listserv for a
facility, the Agency must do so within the timeframe specified, concurrently
with other required means of disseminating the notice, or otherwise in a timely
manner. When this Part requires an owner or operator to request that the Agency
email a notice to the listserv for the facility, the Agency must do so within
two business days after receiving the request from the owner or
operator.
