Section 809.204  Applications for Special Waste Hauling Permit – Filing and Final Action by the Agency

a)         An application for special waste hauling permit is considered filed on the date the Agency receives a properly completed application on the form prescribed or provided by the Agency and with correct fees (see Section 22.2(1) of the Act [415 ILCS 5/22.2(1)]).

b)         If the Agency fails to take final action (which includes granting or denying the special waste hauling permit as requested, or by granting the special waste hauling permit with conditions) within 90 days after the date the completed application is filed, the applicant may deem the special waste hauling permit granted for a period of one calendar year commencing on the 91^st day after the application was filed.

c)         The Agency will send all denials by U.S. Registered or Certified Mail, Return Receipt Requested.  All other final Agency decisions may go by regular U.S. Mail or electronic mail.  The Agency will be deemed to have taken final action on the date that the notice of final action is mailed or sent.  Within 35 days after the Agency's final action, the applicant may appeal the Agency's decision to the Board in the manner provided for the review of permits in Section 40 of the Act.

d)         The Agency will require the application to be complete. If incomplete, the application will be returned, and the transporter will be required to resubmit a complete application.  The application must be consistent with the provisions of the Act and Board regulations.  The Agency may undertake such investigations and request the applicant to furnish such proof as it deems necessary to verify the information and statements made in the application.  If the application is complete and granting it will not violate the Act or Board regulations, the Agency will grant the permit.

e)         When an application is denied because it fails to comply with the Act or Board regulations, any fees submitted with the application will be non-refundable.  Any subsequent re-filing of the application will be considered a new application for which an application fee must be included in accordance with Section 22.2 of the Act.

f)         When the Agency rejects an application because it is incomplete, any fees submitted will be non-refundable.  The applicant can receive credit for the payment with a resubmitted application if the resubmittal is complete and returned to the Agency within 30 days after the initial date-stamped rejection.

(Source:  Amended at 37 Ill. Reg. 1206, effective January 15, 2013)