Section 1100.403  Agency Decision Deadlines

a)         If there is no final action by the Agency within 90 days after the filing of the application for permit, the applicant may deem the permit issued.  [415 ILCS 5/39]

b)         An application for permit pursuant to this Subpart must not be deemed filed until the Agency has received all information and documentation in the form and with the content required by this Part.  However, if, the Agency fails to notify the applicant within 30 days after the filing of a purported application that the application is incomplete and the reason the Agency deems it incomplete, the application must be deemed to have been filed as of the date of such purported filing as calculated pursuant to Section 1100.402 of this Part.  The applicant may treat the Agency's notification that an application is incomplete as a denial of the application for the purposes of review pursuant to Section 1100.406 of this Part.

c)         The applicant may waive the right to a final decision in writing prior to the applicable deadline in subsection (a) of this Section.

d)         The applicant may modify a permit application at any time prior to the Agency decision deadline date.  Any modification of a permit application must constitute a new application for the purposes of calculating the Agency decision deadline date.

e)         The Agency must mail all notices of final action by registered or certified mail, postmarked with a date stamp and accompanied by a return receipt request.  Final action must be deemed to have taken place on the date that such final action is signed.