Section 256.50  Experimental Permits

a)         To facilitate the improvement of containment technology, the Department shall issue experimental permits for containment areas that do not specifically satisfy all the requirements of this Part, provided the applicant provides proof (i.e., quality control, quality assurance, and supportive analytical data) 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).

b)         The Department shall issue an experimental permit within 90 days after receipt of the application, provided the documents accompanying the application indicate that the containment area shall be in compliance with the provisions of the Act and this Part.  In addition to completed application forms, the submittal for an experimental permit shall include the following documents:

1)         a location area map,

2)         detailed plot plan of the facility,

3)         water supply protection schematic flow diagram,

4)         detailed engineering plans and specifications,

5)         operations and management practices plan, and

6)         any additional information the applicant or Department may deem necessary to fully describe the project.

c)         A valid experimental permit shall constitute a prima facie defense to any action brought against the permit holder for a violation of the Rule of this Part, but only to the extent that such action is based upon the failure of the process or technique.

d)         Initially, all experimental permits shall have a duration not to exceed 2 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 periods of no greater than 5 years.

e)         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.

(Source:  Amended at 26 Ill. Reg. 8808, effective June 7, 2002)