415 ILCS 5/39
2021 Illinois Compiled Statutes|Chapter 415 - ENVIRONMENTAL SAFETY|415 ILCS 5/ - Environmental Protection Act.|Title X - Permits

 (from Ch. 111 1/2, par. 1039)Sec. 39. Issuance of permits; procedures.(a) 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 a permit upon proof by the applicant that the facility,  equipment, vehicle, vessel, or aircraft will not cause a violation of  this Act or of regulations hereunder.  The Agency shall adopt such  procedures as are necessary to carry out its duties under this Section.  In making its determinations on permit applications under this Section the Agency may consider prior adjudications of  noncompliance with this Act by the applicant that involved a release of a  contaminant into the environment.  In granting permits, the Agency  may impose reasonable conditions specifically related to the applicant's past  compliance history with this Act as necessary to correct, detect, or  prevent noncompliance.  The Agency may impose such other conditions  as may be necessary to accomplish the purposes of this Act, and as are not  inconsistent with the regulations promulgated by the Board hereunder. Except as  otherwise provided in this Act, a bond or other security shall not be required  as a condition for the issuance of a permit.  If the Agency denies any permit  under this Section, the Agency shall transmit to the applicant within the time  limitations of this Section specific, detailed statements as to the reasons the  permit application was denied.  Such statements shall include, but not be  limited to the following:(i) the Sections of this Act which may be violated if     the permit were granted;(ii) the provision of the regulations, promulgated     under this Act, which may be violated if the permit were granted;(iii) the specific type of information, if any, which     the Agency deems the applicant did not provide the Agency; and(iv) a statement of specific reasons why the Act and     the regulations might not be met if the permit were granted.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  (1) notice and opportunity for public hearing are required by State or  federal law or regulation, (2) the application which was filed is for  any permit to develop a landfill subject to issuance pursuant to this  subsection, or (3) the application that was filed is for a MSWLF unit  required to issue public notice under subsection (p) of Section 39.  The  90-day and 180-day time periods for the Agency to take final action do not  apply to NPDES permit applications under subsection (b) of this Section,  to RCRA permit applications under subsection (d) of this Section,  to UIC permit applications under subsection (e) of this Section, or to CCR surface impoundment applications under subsection (y) of this Section.The Agency shall publish notice of all final permit determinations for  development permits for MSWLF units and for significant permit modifications  for lateral expansions for existing MSWLF units one time in a newspaper of  general circulation in the county in which the unit is or is proposed to be  located.After January 1, 1994 and until July 1, 1998, operating permits issued under  this Section by the  Agency for sources of air pollution permitted to emit less than 25 tons  per year of any combination of regulated air pollutants, as defined in  Section 39.5 of this Act, shall be required to be renewed only upon written  request by the Agency consistent with applicable provisions of this Act and  regulations promulgated hereunder.  Such operating permits shall expire  180 days after the date of such a request.  The Board shall revise its  regulations for the existing State air pollution operating permit program  consistent with this provision by January 1, 1994.After June 30, 1998, operating permits issued under this Section by the  Agency for sources of air pollution that are not subject to Section 39.5 of  this Act and are not required to have a federally enforceable State operating  permit shall be required to be renewed only upon written request by the Agency  consistent with applicable provisions of this Act and its rules.  Such  operating permits shall expire 180 days after the date of such a request.  Before July 1, 1998, the Board shall revise its rules for the existing State  air pollution operating permit program consistent with this paragraph and shall  adopt rules that require a source to demonstrate that it qualifies for a permit  under this paragraph.(b) The Agency may issue NPDES permits exclusively under this  subsection for the discharge of contaminants from point sources into  navigable waters, all as defined in the Federal Water Pollution Control  Act, as now or hereafter amended, within the jurisdiction of the  State, or into any well.All NPDES permits shall contain those terms and conditions, including,  but not limited to, schedules of compliance, which may be required to  accomplish the purposes and provisions of this Act.The Agency may issue general NPDES permits for discharges from categories  of point sources which are subject to the same permit limitations and  conditions. Such general permits may be issued without individual  applications and shall conform to regulations promulgated under Section 402  of the Federal Water Pollution Control Act, as now or hereafter amended.The Agency may include, among such conditions, effluent limitations  and other requirements established under this Act, Board regulations,  the Federal Water Pollution Control Act, as now or hereafter amended, and  regulations pursuant thereto, and schedules for achieving compliance  therewith at the earliest reasonable date.The Agency shall adopt filing requirements and procedures which are  necessary and appropriate for the issuance of NPDES permits, and which  are consistent with the Act or regulations adopted by the Board, and  with the Federal Water Pollution Control Act, as now or hereafter  amended, and regulations pursuant thereto.The Agency, subject to any conditions which may be prescribed by  Board regulations, may issue NPDES permits to allow discharges beyond  deadlines established by this Act or by regulations of the Board without  the requirement of a variance, subject to the Federal Water Pollution  Control Act, as now or hereafter amended, and regulations pursuant thereto.(c) Except for those facilities owned or operated by sanitary districts  organized under the Metropolitan Water Reclamation District Act, no  permit for the development or construction of a new pollution control  facility may be granted by the Agency unless the applicant submits proof to the  Agency that the location of the facility has been approved by the county board   of the county if in an unincorporated area, or the governing body of the  municipality when in an incorporated area, in which the facility is to be  located in accordance with Section 39.2 of this Act. For purposes of this subsection (c), and for purposes of Section 39.2 of this Act, the appropriate county board or governing body of the municipality shall be the county board of the county or the governing body of the municipality in which the facility is to be located as of the date when  the application  for siting approval is filed.In the event that siting approval granted pursuant to Section 39.2 has  been transferred to a subsequent owner or operator, that subsequent owner or  operator may apply to the Agency for, and the Agency may grant, a development  or construction permit for the facility for which local siting approval was  granted. Upon application to the Agency for a development or  construction permit by that subsequent owner or operator,  the permit applicant shall cause written notice of the permit application  to be served upon the appropriate county board or governing body of the  municipality that granted siting approval for that facility and upon any party  to the siting proceeding pursuant to which siting approval was granted.  In  that event, the Agency shall conduct an evaluation of the subsequent owner or  operator's prior experience in waste management operations in the manner  conducted under subsection (i) of Section 39 of this Act.Beginning August 20, 1993, if the pollution control facility consists of a  hazardous or solid waste disposal facility for which the proposed site is  located in an unincorporated area of a county with a population of less than  100,000 and includes all or a portion of a parcel of land that was, on April 1,  1993, adjacent to a municipality having a population of less than 5,000, then  the local siting review required under this subsection (c) in conjunction with  any permit applied for after that date shall be performed by the governing body  of that adjacent municipality rather than the county board of the county in  which the proposed site is located; and for the purposes of that local siting  review, any references in this Act to the county board shall be deemed to mean  the governing body of that adjacent municipality; provided, however, that the  provisions of this paragraph shall not apply to any proposed site which was, on  April 1, 1993, owned in whole or in part by another municipality.In the case of a pollution control facility for which a  development permit was issued before November 12, 1981, if an operating  permit has not been issued by the Agency prior to August 31, 1989 for  any portion of the facility, then the Agency may not issue or renew any  development permit nor issue an original operating permit for any portion of  such facility unless the applicant has submitted proof to the Agency that the  location of the facility has been approved by the appropriate county board or  municipal governing body pursuant to Section 39.2 of this Act.After January 1, 1994, if a solid waste  disposal facility, any portion for which an operating permit has been issued by  the Agency, has not accepted waste disposal for 5 or more consecutive calendar   years, before that facility may accept any new or additional waste for  disposal, the owner and operator must obtain a new operating permit under this  Act for that facility unless the owner and operator have applied to the Agency  for a permit authorizing the temporary suspension of waste acceptance.  The  Agency may not issue a new operation permit under this Act for the facility  unless the applicant has submitted proof to the Agency that the location of the  facility has been approved or re-approved by the appropriate county board or  municipal governing body under Section 39.2 of this Act after the facility  ceased accepting waste.Except for those facilities owned or operated by sanitary districts  organized under the Metropolitan Water Reclamation District Act, and  except for new pollution control facilities governed by Section 39.2,  and except for fossil fuel mining facilities, the granting of a permit under  this Act shall not relieve the applicant from meeting and securing all  necessary zoning approvals from the unit of government having zoning  jurisdiction over the proposed facility.Before beginning construction on any new sewage treatment plant or sludge  drying site to be owned or operated by a sanitary district organized under  the Metropolitan Water Reclamation District Act  for which a new  permit (rather than the renewal or amendment of an existing permit) is  required, such sanitary district shall hold a public hearing within the  municipality within which the proposed facility is to be located, or within the  nearest community if the proposed facility is to be located within an  unincorporated area, at which information concerning the proposed facility  shall be made available to the public, and members of the public shall be given  the opportunity to express their views concerning the proposed facility.The Agency may issue a permit for a municipal waste transfer station  without requiring approval pursuant to Section 39.2 provided that the following  demonstration is made:(1) the municipal waste transfer station was in     existence on or before January 1, 1979 and was in continuous operation from January 1, 1979 to January 1, 1993;(2) the operator submitted a permit application to     the Agency to develop and operate the municipal waste transfer station during April of 1994;(3) the operator can demonstrate that the county     board of the county, if the municipal waste transfer station is in an unincorporated area, or the governing body of the municipality, if the station is in an incorporated area, does not object to resumption of the operation of the station; and(4) the site has local zoning approval.(d) The Agency may issue RCRA permits exclusively under this  subsection to persons owning or operating a facility for the treatment,  storage, or disposal of hazardous waste as defined under this Act. Subsection (y) of this Section, rather than this subsection (d), shall apply to permits issued for CCR surface impoundments.All RCRA permits shall contain those terms and conditions, including, but  not limited to, schedules of compliance, which may be required to accomplish  the purposes and provisions of this Act.  The Agency may include among such  conditions standards and other requirements established under this Act,  Board regulations, the Resource Conservation and Recovery Act of 1976 (P.L.  94-580), as amended, and regulations pursuant thereto, and may include  schedules for achieving compliance therewith as soon as possible.  The  Agency shall require that a performance bond or other security be provided  as a condition for the issuance of a RCRA permit.In the case of a permit to operate a hazardous waste or PCB incinerator  as defined in subsection (k) of Section 44, the Agency shall require, as a  condition of the permit, that the operator of the facility perform such  analyses of the waste to be incinerated as may be necessary and appropriate  to ensure the safe operation of the incinerator.The Agency shall adopt filing requirements and procedures which  are necessary and appropriate for the issuance of RCRA permits, and which  are consistent with the Act or regulations adopted by the Board, and with  the Resource Conservation and Recovery Act of 1976 (P.L. 94-580), as  amended, and regulations pursuant thereto.The applicant shall make available to the public for inspection all  documents submitted by the applicant to the Agency in furtherance  of an application, with the exception of trade secrets, at the office of  the county board or governing body of the municipality.  Such documents  may be copied upon payment of the actual cost of reproduction during regular  business hours of the local office.  The Agency shall issue a written statement  concurrent with its grant or denial of the permit explaining the basis for its  decision.(e) The Agency may issue UIC permits exclusively under this  subsection to persons owning or operating a facility for the underground  injection of contaminants as defined under this Act.All UIC permits shall contain those terms and conditions, including, but  not limited to, schedules of compliance, which may be required to accomplish  the purposes and provisions of this Act. The Agency may include among such  conditions standards and other requirements established under this Act,  Board regulations, the Safe Drinking Water Act (P.L. 93-523), as amended,  and regulations pursuant thereto, and may include schedules for achieving  compliance therewith. The Agency shall require that a performance bond or  other security be provided as a condition for the issuance of a UIC permit.The Agency shall adopt filing requirements and procedures which  are necessary and appropriate for the issuance of UIC permits, and which  are consistent with the Act or regulations adopted by the Board, and with  the Safe Drinking Water Act (P.L. 93-523), as amended, and regulations  pursuant thereto.The applicant shall make available to the public for inspection, all  documents submitted by the applicant to the Agency in furtherance of an  application, with the exception of trade secrets, at the office of the county  board or governing body of the municipality.  Such documents may be copied upon  payment of the actual cost of reproduction during regular business hours of the  local office.  The Agency shall issue a written statement concurrent with its  grant or denial of the permit explaining the basis for its decision.(f) In making any determination pursuant to Section 9.1 of this Act:(1) The Agency shall have authority to make the     determination of any question required to be determined by the Clean Air Act, as now or hereafter amended, this Act, or the regulations of the Board, including the determination of the Lowest Achievable Emission Rate, Maximum Achievable Control Technology, or Best Available Control Technology, consistent with the Board's regulations, if any.(2) The Agency shall adopt requirements as necessary     to implement public participation procedures, including, but not limited to, public notice, comment, and an opportunity for hearing, which must accompany the processing of applications for PSD permits. The Agency shall briefly describe and respond to all significant comments on the draft permit raised during the public comment period or during any hearing.  The Agency may group related comments together and provide one unified response for each issue raised.(3) Any complete permit application submitted to the     Agency under this subsection for a PSD permit shall be granted or denied by the Agency not later than one year after the filing of such completed application.(4) The Agency shall, after conferring with the     applicant, give written notice to the applicant of its proposed decision on the application, including the terms and conditions of the permit to be issued and the facts, conduct, or other basis upon which the Agency will rely to support its proposed action.(g) The Agency shall include as conditions upon all permits issued for  hazardous waste disposal sites such restrictions upon the future use  of such sites as are reasonably necessary to protect public health and  the environment, including permanent prohibition of the use of such  sites for purposes which may create an unreasonable risk of injury to human  health or to the environment.  After administrative and judicial challenges  to such restrictions have been exhausted, the Agency shall file such  restrictions of record in the Office of the Recorder of the county in which  the hazardous waste disposal site is located.(h) A hazardous waste stream may not be deposited in a permitted hazardous  waste site unless specific authorization is obtained from the Agency by the  generator and disposal site owner and operator for the deposit of that specific  hazardous waste stream.  The Agency may grant specific authorization for  disposal of hazardous waste streams only after the generator has reasonably  demonstrated that, considering  technological feasibility and economic reasonableness, the hazardous waste  cannot be reasonably recycled for reuse, nor incinerated or chemically,  physically or biologically treated so as to neutralize the hazardous waste  and render it nonhazardous.  In granting authorization under this Section,  the Agency may impose such conditions as may be necessary to accomplish  the purposes of the Act and are consistent with this Act and regulations  promulgated by the Board hereunder.  If the Agency refuses to grant  authorization under this Section, the applicant may appeal as if the Agency  refused to grant a permit, pursuant to the provisions of subsection (a) of  Section 40 of this Act.  For purposes of this subsection (h), the term  "generator" has the meaning given in Section 3.205 of this Act,  unless: (1) the hazardous waste is treated, incinerated, or partially recycled  for reuse prior to disposal, in which case the last person who treats,  incinerates, or partially recycles the hazardous waste prior to disposal is the  generator; or (2) the hazardous waste is from a response action, in which case  the person performing the response action is the generator.  This subsection  (h) does not apply to any hazardous waste that is restricted from land disposal  under 35 Ill. Adm. Code 728.(i) Before issuing any RCRA permit, any permit for a waste storage site,  sanitary landfill, waste disposal site, waste transfer station, waste treatment  facility, waste incinerator, or any waste-transportation operation, any permit or interim authorization for a clean construction or demolition debris fill operation, or any permit required under subsection (d-5) of Section 55, the Agency  shall conduct an evaluation of the prospective owner's or operator's prior  experience in waste management operations, clean construction or demolition debris fill operations, and tire storage site management.  The Agency may deny such a permit, or deny or revoke interim authorization,  if the prospective owner or operator or any employee or officer of the  prospective owner or operator has a history of:(1) repeated violations of federal, State, or local     laws, regulations, standards, or ordinances in the operation of waste management facilities or sites, clean construction or demolition debris fill operation facilities or sites, or tire storage sites; or(2) conviction in this or another State of any crime     which is a felony under the laws of this State, or conviction of a felony in a federal court; or conviction in this or another state or federal court of any of the following crimes: forgery, official misconduct, bribery, perjury, or knowingly submitting false  information under any environmental law, regulation, or permit term or condition; or(3) proof of gross carelessness or incompetence in     handling, storing, processing, transporting or disposing of waste, clean construction or demolition debris, or used or waste tires, or proof of gross carelessness or incompetence in using clean construction or demolition debris as fill.(i-5) Before issuing any permit or approving any interim authorization for a clean construction or demolition debris fill operation in which any ownership interest is transferred between January 1, 2005, and the effective date of the prohibition set forth in Section 22.52 of this Act, the Agency shall conduct an evaluation of the operation if any previous activities at the site or facility may have caused or allowed contamination of the site. It shall be the responsibility of the owner or operator seeking the permit or interim authorization to provide to the Agency all of the information necessary for the Agency to conduct its evaluation. The Agency may deny a permit or interim authorization if previous activities at the site may have caused or allowed contamination at the site, unless such contamination is authorized under any permit issued by the Agency.(j) The issuance under this Act of a permit to engage in the surface mining  of any resources other than fossil fuels shall not relieve  the permittee from its duty to comply with any applicable local law regulating  the commencement, location or operation of surface mining facilities.(k) A development permit issued under subsection (a) of Section 39 for any  facility or site which is required to have a permit under subsection (d) of  Section 21 shall expire at the end of 2 calendar years from the date upon which  it was issued, unless within that period the applicant has taken action to  develop the facility or the site. In the event that review of the  conditions of the development permit is sought pursuant to Section 40 or  41, or permittee is prevented from commencing development of the facility  or site by any other litigation beyond the permittee's control, such  two-year period shall be deemed to begin on the date upon which such review   process or litigation is concluded.(l) No permit shall be issued by the Agency under this Act for  construction or operation of any facility or site located within the  boundaries of any setback zone established pursuant to this Act, where such  construction or operation is prohibited.(m) The Agency may issue permits to persons owning or operating  a facility for composting landscape waste. In granting such permits, the Agency  may impose such conditions as may be necessary to accomplish the purposes of  this Act, and as are not inconsistent with applicable regulations promulgated  by the Board.  Except as otherwise provided in this Act, a bond or other  security shall not be required as a condition for the issuance of a permit.  If  the Agency denies any permit pursuant to this subsection, the Agency shall  transmit to the applicant within the time limitations of this subsection  specific, detailed statements as to the reasons the permit application was  denied.  Such statements shall include but not be limited to the following:(1) the Sections of this Act that may be violated if     the permit were granted;(2) the specific regulations promulgated pursuant to     this Act that may be violated if the permit were granted;(3) the specific information, if any, the Agency     deems the applicant did not provide in its application to the Agency; and(4) a statement of specific reasons why the Act and     the regulations might be violated if the permit were granted.If no final action is taken by the Agency within 90 days after the filing  of the application for permit, the applicant may deem the permit issued.  Any applicant for a permit may waive the 90-day limitation by filing a  written statement with the Agency.The Agency shall issue permits for such facilities upon receipt of an  application that includes a legal description of the site, a topographic  map of the site drawn to the scale of 200 feet to the inch or larger, a  description of the operation, including the area served, an estimate of  the volume of materials to be processed, and documentation that:(1) the facility includes a setback of at least 200     feet from the nearest potable water supply well;(2) the facility is located outside the boundary of     the 10-year floodplain or the site will be floodproofed;(3) the facility is located so as to minimize     incompatibility with the character of the surrounding area, including at least a 200 foot setback from any residence, and in the case of a facility that is developed or the permitted composting area of which is expanded after November 17, 1991, the composting area is located at least 1/8 mile from the nearest residence (other than a residence located on the same property as the facility);(4) the design of the facility will prevent any     compost material from being placed within 5 feet of the water table, will adequately control runoff from the site, and will collect and manage any leachate that is generated on the site;(5) the operation of the facility will include     appropriate dust and odor control measures, limitations on operating hours, appropriate noise control measures for shredding, chipping and similar equipment, management procedures for composting, containment and disposal of non-compostable wastes, procedures to be used for terminating operations at the site, and recordkeeping sufficient to document the amount of materials received, composted and otherwise disposed of; and(6) the operation will be conducted in accordance     with any applicable rules adopted by the Board.The Agency shall issue renewable permits of not longer than 10 years  in duration for the composting of landscape wastes, as defined in Section  3.155 of this Act, based on the above requirements.The operator of any facility permitted under this subsection (m) must  submit a written annual statement to the Agency on or before April 1 of  each year that includes an estimate of the amount of material, in tons,  received for composting.(n) The Agency shall issue permits jointly with the Department of  Transportation for the dredging or deposit of material in Lake Michigan in  accordance with Section 18 of the Rivers, Lakes, and Streams Act.(o) (Blank.)(p) (1) Any person submitting an application for a permit for a new MSWLF  unit or for a lateral expansion under subsection (t) of Section 21 of this Act  for an existing MSWLF unit that has not received and is not subject to local  siting approval under Section 39.2 of this Act shall publish notice of the  application in a newspaper of general circulation in the county in which the  MSWLF unit is or is proposed to be located.  The notice must be published at  least 15 days before submission of the permit application to the Agency.  The  notice shall state the name and address of the applicant, the location of the  MSWLF unit or proposed MSWLF unit, the nature and size of the MSWLF unit or  proposed MSWLF unit, the nature of the activity proposed, the probable life of  the proposed activity, the date the permit application will be submitted, and a  statement that persons may file written comments with the Agency concerning the  permit application within 30 days after the filing of the permit application  unless the time period to submit comments is extended by the Agency.When a permit applicant submits information to the Agency to supplement a  permit application being reviewed by the Agency, the applicant shall not be  required to reissue the notice under this subsection.(2) The Agency shall accept written comments concerning the permit  application that are postmarked no later than 30 days after the  filing of the permit application, unless the time period to accept comments is  extended by the Agency.(3) Each applicant for a permit described in part (1) of this subsection  shall file a  copy of the permit application with the county board or governing body of the  municipality in which the MSWLF unit is or is proposed to be located at the  same time the application is submitted to the Agency.  The permit application  filed with the county board or governing body of the municipality shall include  all documents submitted to or to be submitted to the Agency, except trade  secrets as determined under Section 7.1 of this Act.  The permit application  and other documents on file with the county board or governing body of the  municipality shall be made available for public inspection during regular  business hours at the office of the county board or the governing body of the  municipality and may be copied upon payment of the actual cost of  reproduction.(q)  Within 6 months after July 12, 2011 (the effective date of Public Act 97-95), the Agency, in consultation with the regulated community, shall develop a web portal to be posted on its website for the purpose of enhancing review and promoting timely issuance of permits required by this Act.  At a minimum, the Agency shall make the following information available on the web portal:(1)  Checklists and guidance relating to the     completion of permit applications, developed pursuant to subsection (s) of this Section, which may include, but are not limited to, existing instructions for completing the applications and examples of complete applications.  As the Agency develops new checklists and develops guidance, it shall supplement the web portal with those materials.(2)  Within 2 years after July 12, 2011 (the     effective date of Public Act 97-95), permit application forms or portions of permit applications that can be completed and saved electronically, and submitted to the Agency electronically with digital signatures.(3)  Within 2 years after July 12, 2011 (the     effective date of Public Act 97-95), an online tracking system where an applicant may review the status of its pending application, including the name and contact information of the permit analyst assigned to the application.  Until the online tracking system has been developed, the Agency shall post on its website semi-annual permitting efficiency tracking reports that include statistics on the timeframes for Agency action on the following types of permits received after July 12, 2011 (the effective date of Public Act 97-95):  air construction permits, new NPDES permits and associated water construction permits, and modifications of major NPDES permits and associated water construction permits.  The reports must be posted by February 1 and August 1 each year and shall include:(A)  the number of applications received for each         type of permit, the number of applications on which the Agency has taken action, and the number of applications still pending; and(B)  for those applications where the Agency has         not taken action in accordance with the timeframes set forth in this Act, the date the application was received and the reasons for any delays, which may include, but shall not be limited to, (i) the application being inadequate or incomplete, (ii) scientific or technical disagreements with the applicant, USEPA, or other local, state, or federal agencies involved in the permitting approval process, (iii) public opposition to the permit, or (iv) Agency staffing shortages.  To the extent practicable, the tracking report shall provide approximate dates when cause for delay was identified by the Agency, when the Agency informed the applicant of the problem leading to the delay, and when the applicant remedied the reason for the delay.(r)  Upon the request of the applicant, the Agency shall notify the applicant of the permit analyst assigned to the application upon its receipt.(s)  The Agency is authorized to prepare and distribute guidance documents relating to its administration of this Section and procedural rules implementing this Section.  Guidance documents prepared under this subsection shall not be considered rules and shall not be subject to the Illinois Administrative Procedure Act.  Such guidance shall not be binding on any party.(t)  Except as otherwise prohibited by federal law or regulation, any person submitting an application for a permit may include with the application suggested permit language for Agency consideration.  The Agency is not obligated to use the suggested language or any portion thereof in its permitting decision.  If requested by the permit applicant, the Agency shall meet with the applicant to discuss the suggested language.(u)  If requested by the permit applicant, the Agency shall provide the permit applicant with a copy of the draft permit prior to any public review period.(v) If requested by the permit applicant, the Agency shall provide the permit applicant with a copy of the final permit prior to its issuance.(w) An air pollution permit shall not be required due to emissions of greenhouse gases, as specified by Section 9.15 of this Act.(x) If, before the expiration of a State operating permit that is issued pursuant to subsection (a) of this Section and contains federally enforceable conditions limiting the potential to emit of the source to a level below the major source threshold for that source so as to exclude the source from the Clean Air Act Permit Program, the Agency receives a complete application for the renewal of that permit, then all of the terms and conditions of the permit shall remain in effect until final administrative action has been taken on the application for the renewal of the permit.(y) The Agency may issue permits exclusively under this subsection to persons owning or operating a CCR surface impoundment subject to Section 22.59.(z) If a mass animal mortality event is declared by the Department of Agriculture in accordance with the Animal Mortality Act:(1) the owner or operator responsible for the     disposal of dead animals is exempted from the following:(i) obtaining a permit for the construction,         installation, or operation of any type of facility or equipment issued in accordance with subsection (a) of this Section;(ii) obtaining a permit for open burning in         accordance with the rules adopted by the Board; and(iii) registering the disposal of dead animals as         an eligible small source with the Agency in accordance with Section 9.14 of this Act;(2) as applicable, the owner or operator responsible     for the disposal of dead animals is required to obtain the following permits:(i) an NPDES permit in accordance with subsection         (b) of this Section;(ii) a PSD permit or an NA NSR permit in         accordance with Section 9.1 of this Act;(iii) a lifetime State operating permit or a         federally enforceable State operating permit, in accordance with subsection (a) of this Section; or(iv) a CAAPP permit, in accordance with Section         39.5 of this Act.All CCR surface impoundment permits shall contain those terms and conditions, including, but not limited to, schedules of compliance, which may be required to accomplish the purposes and provisions of this Act, Board regulations, the Illinois Groundwater Protection Act and regulations pursuant thereto, and the Resource Conservation and Recovery Act and regulations pursuant thereto, and may include schedules for achieving compliance therewith as soon as possible.The Board shall adopt filing requirements and procedures that are necessary and appropriate for the issuance of CCR surface impoundment permits and that are consistent with this Act or regulations adopted by the Board, and with the RCRA, as amended, and regulations pursuant thereto.The applicant shall make available to the public for inspection all documents submitted by the applicant to the Agency in furtherance of an application, with the exception of trade secrets, on its public internet website as well as at the office of the county board or governing body of the municipality where CCR from the CCR surface impoundment will be permanently disposed. Such documents may be copied upon payment of the actual cost of reproduction during regular business hours of the local office.The Agency shall issue a written statement concurrent with its grant or denial of the permit explaining the basis for its decision.(Source: P.A. 101-171, eff. 7-30-19; 102-216, eff. 1-1-22; 102-558, eff. 8-20-21.)