Section 3702.200  Standard Permit Conditions

a)         Permits issued under this Part shall be subject to the following standard conditions:

1)         This permit is granted in accordance with the Rivers, Lakes and Streams Act [615 ILCS 5].

2)         This permit does not convey title to the permittee or recognize title of the permittee to any submerged or other lands, and furthermore, does not convey, lease, provide any right or rights of occupancy or use of the public or private property on which the project or any part thereof will be located, or otherwise grant to the permittee any right or interest in or to the property, whether the property is owned or possessed by the State of Illinois or by any private or public party or parties.

3)         This permit does not release the permittee from liability for damage to persons or property resulting from the work covered by this permit, and does not authorize any injury to private property or invasion of private rights.

4)         This permit does not relieve the permittee of the responsibility to obtain other federal, State or local authorizations required for the construction of the permitted activity; and if the permittee is required by law to obtain approval from any federal or other State agency to do the work, this permit is not effective until the federal and State approvals are obtained.

5)         The permittee shall, at the permittee's own expense, remove all temporary piling cofferdams, false work, and material incidental to the construction of the project, from the floodway, river, stream or lake in which the work is done.  If the permittee fails to remove such structures or materials, the State may have removal made at the expense of the permittee.  If the construction is on a public body of water and if future need for public navigation or public interests of any character, by the State or federal government, necessitates changes in any part of the structure or structures, such changes shall be made by and at the expense of the permittee or the permittee's successors as required by the Department of Natural Resources or other properly constituted agency, within sixty (60) days from receipt of written notice of the necessity from the Department or other agency, unless a longer period of time is specifically authorized.

6)         The execution and details of the work authorized shall be subject to the supervision and approval of the Department.  Department personnel shall have right of access to accomplish this purpose.

7)         The permittee shall file with the Department a properly executed acceptance of all terms and conditions of the permit within sixty (60) days of receipt of the permit; however, starting work on the construction authorized will be considered full acceptance by the permittee of the terms and conditions of the permit.

8)         The Department in issuing this permit has relied upon the statements and representations made by the permittee; if any statement or representation made by the permittee is found to be false, the permit may be revoked at the option of the Department; and when a permit is revoked all rights of the permittee under the permit are voided.

9)         If the project authorized by this permit is located in or along Lake Michigan or a meandered lake, the permittee and the permittee's successors shall make no claim whatsoever to any interest in any accretions caused by the project.

10)       In issuing this permit, the Department does not approve the adequacy of the design or structural strength of the structure or improvement.

11)       Noncompliance with the conditions of this permit will be considered grounds for revocation.

b)         In addition, the Department shall impose special conditions, as required to assure compliance with this Part.  Special conditions of a permit are those conditions of a permit not included within the standard conditions for all permits but necessary to assure compliance with 17 Ill. Adm. Code 3702.  Typical examples include a) setting limits for soil testing results that will be affected by site conditions encountered during construction, b) preventing certain construction activities from taking place without approval of specific data not available at the time of permit issuance, or c) providing time limits for construction activities to be completed.

(Source:  Added at 11 Ill. Reg. 1941, effective January 13, 1987)