Section 506.106  Alternatives, Modifications, and Waivers

a)         All requests for alternatives, modifications, and waivers to this Part, where allowed by Sections 13(e) and 15(a) of the Act [510 ILCS 77/13(e), 15(a)] or this Part must be made in writing to the Department.  Construction must not begin or continue until the request for alternative, modification, or waiver is granted.

b)         Each request for an alternative, modification, or waiver must contain a certification from a Licensed Professional Engineer or Licensed Professional Geologist, as relevant, that the grant of the modification is at least as protective of the groundwater, the surface water, and the structural integrity of the livestock waste management facility as the stated requirements or that the alternative or waiver is at least as protective as the stated requirements.

c)         The Department must notify the applicant in writing of its determination within 30 days after receipt of the request for an alternative, modification, or waiver.  To grant the requested alternative, modification, or waiver, the Department must determine that the modification is at least as protective of the groundwater, the surface water, and the structural integrity of the livestock waste management facility as the stated requirements or that the alternative or waiver is at least as protective as the stated requirements.

(Source:  Amended at 48 Ill. Reg. 3274, effective February 15, 2024)