Section 257.60  Permits and Permit Modifications

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 91^st 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.