Section 845.210  General Provisions

a)         All permit applications must be made on the forms prescribed by the Agency and must be mailed or delivered to the address designated by the Agency on the forms.  The Agency must provide a dated, signed receipt upon request. The Agency's record of the date of filing must be deemed conclusive unless a contrary date is proved by a dated, signed receipt.

b)         Required Signatures of Owners or Operators

1)         All permit applications must contain the name, address, email address and telephone number of the operator, or duly authorized agent, and the property owner to whom all inquiries and correspondence must be addressed.

2)         All permit applications must be signed by the owner, operator or a duly authorized agent of the operator.

3)         An application submitted by a corporation must be signed by a principal executive officer of at least the level of vice president, or his or her duly authorized representative, if that representative is responsible for the overall operation of the facility described in the application form.  In the case of a partnership or a sole proprietorship, the application must be signed by a general partner or the proprietor, respectively.  In the case of a publicly owned facility, the application must be signed by either the principal executive officer, ranking elected official, or other duly authorized employee.

c)         Legal Description. All permit applications must contain a legal description of the facility boundary and a description of the boundaries of all units included in the facility.

d)         Previous Assessments, Investigations, Plans and Programs

1)         The Agency may approve the use of any hydrogeologic site investigation or characterization, groundwater monitoring well or system, or groundwater monitoring plan, bearing the seal and signature of an Illinois Licensed Professional Geologist or Licensed Professional Engineer, completed before April 21, 2021 to satisfy the requirements of this Part.

2)         For existing CCR surface impoundments, the owner or operator of the CCR surface impoundment may use a previously completed location restriction demonstration required by Section 845.300 (Placement Above the Uppermost Aquifer), Section 845.310 (Wetlands), Section 845.320 (Fault Areas), Section 845.330 (Seismic Impact Zones), and Section 845.340 (Unstable Areas) provided that the previously completed assessments meet the applicable requirements of those Sections.

3)         For existing CCR surface impoundments, the owner or operator of the CCR surface impoundment may use a previously completed assessment to serve as the initial assessment required by Section 845.440 (Hazard Potential Classification Assessment), Section 845.450 (Structural Stability Assessment) and Section 845.460 (Safety Factor Assessment) provided that the previously completed assessment:

A)        Was not completed more than five years ago; and

B)        Meets the applicable requirements of those Sections.

4)         For inactive closed CCR surface impoundments, the owner or operator of the CCR surface impoundment may use a post-closure care plan previously approved by the Agency.

e)         The Agency must mail all notices of final action by certified mail, postmarked with a date stamp and with return receipt requested.  Final action must be deemed to have taken place on the postmarked date that the notice is mailed.

f)         Violation of any permit condition or failure to comply with the Act or regulations promulgated under the Act must be grounds for enforcement action as provided in the Act, including revocation of a permit.

g)         Issuance of a permit under this Part does not relieve the applicant of the obligation to obtain other permits required by law.

h)         The owner or operator must place in the facility's operating record all permit applications submitted to the Agency and all permits issued under this Part (see Section 845.800(d)(1)).

i)          Agency Listserv

1)         For each facility subject to this Part, the Agency must create and maintain a listserv. Each listserv must include the email addresses of all interested persons who notify the Agency in writing − either directly under subsection (i)(2) or through the facility owner or operator under Section 845.220(a)(9) or 845.240(f)(4) − of their respective email addresses and that they would like to receive emails of notices concerning the facility.

2)         The Agency's webpage must specify how interested persons may notify the Agency in writing of their respective email addresses and that they would like to be added to the Agency's listserv for a facility subject to this Part.

3)         When this Part requires that the Agency email a notice to the listserv for a facility, the Agency must do so within the timeframe specified, concurrently with other required means of disseminating the notice, or otherwise in a timely manner. When this Part requires an owner or operator to request that the Agency email a notice to the listserv for the facility, the Agency must do so within two business days after receiving the request from the owner or operator.