Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 257 - COOPERATIVE GROUNDWATER PROTECTION PROGRAM › Section 257.60 - Permits and Permit Modifications

Current through Register Vol. 48, No. 28, July 12, 2024
a) An Agrichemical Facility Permit or
			 Lawncare Containment Permit issued by the Department shall be obtained for each
			 existing and new facility affected by this Part. Permit applications shall be
			 submitted on forms provided by the Department. The application shall be
			 accompanied by engineering plans and specifications for any construction or
			 modification to be accomplished pursuant to the Permit. Such plans and
			 specifications shall be prepared by an Illinois Professional Engineer when
			 required by the provisions of the Illinois Professional Engineering Act (225
			 ILCS 325 ). A Permit shall be obtained before the commencement of any
			 construction necessary to meet the compliance date, as determined by the
			 applicable subsection(s) below. A Permit must be amended before the
			 commencement of any modification to the facility. A Permit amendment shall not
			 be required for alterations at the facility. A Permit will be transferred to a
			 new owner or operator upon written notification by the permittee to the
			 Department. Permits shall be renewed every 5 years.
b) An application for a Permit submitted by a
			 corporation shall be signed by a principal executive officer of at least the
			 level of vice president, or a duly authorized representative who is responsible
			 for the overall operation of the facility described in the application. In the
			 case of a partnership or a sole proprietorship, the application shall be signed
			 by a general partner, a facility manager, or the proprietor respectively. In
			 the case of a publicly owned facility, the application shall be signed by
			 either a principal executive officer, ranking official or a duly authorized
			 employee.
c) The Department shall
			 issue a Permit within 90 days after receipt of the application, provided the
			 documents accompanying the application indicate that the facility will be in
			 compliance with the provisions of 8 Ill. Adm. Code 255, 8 Ill. Adm. Code 256,
			 the provisions of this Part, as applicable, and the Environmental Protection
			 Act (415 ILCS 5 ). In addition to completed application forms, documents which
			 must be submitted include a location area map, detailed plot plan of the
			 facility and any additional information the applicant or the Department deems
			 necessary to fully describe the project. A Permit issued "with conditions"
			 means that the facility is deficient in some area in order to meet full
			 compliance with the before stated rules. A Permit with conditions would be
			 issued if the operation of the facility during the period of time that the
			 facility owner was correcting the deficiency does not jeopardize the
			 environment. If the Department fails to grant or deny the Permit as requested
			 or issue with conditions within 90 days from the date of receipt of the
			 application, the applicant may deem the Permit granted for a one year period
			 commencing on the 91st day after the application was
			 received. If the application for a Permit is denied, the Department shall
			 notify the applicant in writing as to why the permit was denied.
d) Facilities holding permits issued prior to
			 the effective date of this Part shall file with the Department a request for
			 permit modification which shall address any modifications to the facility
			 required under this Part. Such filing shall occur within 180 days after the
			 effective date of this Part. Construction of permitted facilities shall be
			 completed within 180 days after permit issuance. If no facility modifications
			 are required by the provisions of this Part, no permit modification shall be
			 required.
e) An agrichemical
			 facility general class permit issued by the Department shall be obtained by the
			 owner or operator of a central distribution facility affected by this Part. The
			 central distribution facility affected by this Part shall file with the
			 Department an application for permit within 180 days after the effective date
			 of this Part. Construction of permitted facilities shall be completed within
			 180 days after permit issuance.
f)
			 Experimental Permits
1) To best aid the
			 improvement of agrichemical containment technology, the Department shall issue
			 Experimental Permits for containment processes or techniques that do not
			 satisfy the requirements of this Part, provided the applicant submits a
			 registered professional engineer's statement certifying that the design
			 includes appropriate safeguards (i.e., quality control, quality assurance, and
			 supportive analytical data) to ensure that the process or technique has a
			 reasonably substantial chance for success (i.e., the quality control for the
			 experimental design will indicate if there is any malfunction).
2) A valid Experimental Permit shall
			 constitute a prima facie defense to any action brought against the permit
			 holder for a violation of the Rules of this Part, but only to the extent that
			 such action is based upon the failure of the process or technique.
3) All Experimental Permits shall have a
			 duration not to exceed two years. Experimental permits which have been renewed
			 at least once and have thus been in effect for at least 4 years may be renewed
			 for a period of no greater than 5 years.
4) Application for renewal of an Experimental
			 Permit shall be submitted to the Department at least 90 days prior to the
			 expiration of the existing permit. To the extent the information to be supplied
			 for renewal is identical with that contained in the prior permit application,
			 the applicant shall so note on the renewal application, and the Department
			 shall not require the submittal of data and information submitted with the
			 original application.