TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER h: WATER RESOURCES
PART 3708 FLOODWAY CONSTRUCTION IN NORTHEASTERN ILLINOIS
SECTION 3708.140 TIME TO PERMIT ISSUANCE; EMERGENCY AUTHORIZATIONS; DURATION; REVISIONS


 

Section 3708.140  Time to Permit Issuance; Emergency Authorizations; Duration; Revisions

 

a)         If permit authority has not been delegated to a municipality or county, the Department, pursuant to Sections 3708.70 and 3708.110, will either grant approval or approval with conditions or deny an application for permit within 90 days after receipt of a complete application (or 150 days in the event a hearing is held) unless a longer time period is requested in writing by the applicant.  If the Department has not approved the application within these time limits, the application will be deemed denied.  The time limit for final Department action on a permit application will be computed from the date on which the Department has received all information required in Section 3708.110.  If additional data or revised plans are required by the Department, the time between the request and receipt of the requested material will not be counted in these time periods. Also, the time required for resolution of relevant objections (see Section 3708.120) will not be counted in these time periods.

 

b)         The Department will issue an emergency permit after receipt of a properly executed application form (including an explanation of why the work to be performed is of an emergency nature) and plan sheets describing the work if harm to life or loss of property is likely to occur if initiation of the activity is delayed.  An applicant for an emergency permit is deemed to have agreed to make modifications, at his or her own expense, required by the Department if the work does not comply with Section 3708.70, based upon completion of a review and on comments received during the public comment period, to bring the activity into compliance with this Part.

 

c)         Permits will be valid until December 31 of the third year following the date of permit issuance, unless the Department determines that the proposed work must be completed sooner, such as in the case of work to correct a violation.  Upon the written request of the applicant, permits may be granted for longer periods of time if the expected construction period exceeds three years.

 

d)         If the permitted activity is not completed by the expiration date of the permit, the permittee shall submit a written request that the expiration date be extended if the permittee intends to pursue the permitted activity.  Upon receipt of the request, the Department will extend the expiration date if the permitted activity is in compliance with the rules of the Department at the time of the request.

 

e)         If, after permit issuance, the permittee decides to revise the approved plans, the permittee shall submit those revised plans to the Department, along with a written request for approval.  If the Department determines that the revised plans are in compliance with this Part, an approval of revised plans will be issued to the permittee.

 

(Source:  Amended at 38 Ill. Reg. 983, effective December 27, 2013)