Section 255.50  Permits and Compliance Schedule

a)         An Agrichemical Containment Permit ("Permit") issued by the Department shall be obtained for each existing and new agrichemical facility and non-commercial agrichemical facility.  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 Practice Act [225 ILCS 325].  A Permit shall be obtained before the commencement of any construction necessary to meet the earliest compliance date, as determined by the applicable subsections of this Section.  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 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 Sections 255.80, 255.90, 255.100, 255.140, 255.150, and 255.160, as applicable, and the Environmental Protection Act [415 ILCS 5].  In addition to completed application forms, documents that must be submitted include a location area map, detailed plot plan of the facility, water system protection schematic diagram, narrative description of operational and management practice plan, detailed engineering plans and specifications, process flow diagram for dry fertilizer facilities and any additional information the applicant or Department deem necessary to fully describe the project.  The Department shall allow an innovative design to satisfy the structural requirements of this Part if the application for a Permit is accompanied by a registered professional engineer's statement certifying that the design shall provide protection to the environment equivalent to that of this Part.  All engineering costs shall be the responsibility of the person making the request.  A Permit issued "with conditions" means that the facility is deficient in some area in order to meet full compliance with this Part.  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 91st 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)         A facility that is registered pursuant to Section 255.40(b)(1) shall meet the following compliance schedule:

e)         A facility that is registered pursuant to Section 255.40(b)(2) shall meet the following schedule:

f)         A facility that is registered pursuant to Section 255.40(b)(3) or fails to register under Section 255.40 shall meet the following compliance schedule:

g)         A facility that is registered pursuant to both Section 255.40(b)(1) and Section 255.40(b)(2) shall meet the following compliance schedule:

h)         A facility that is registered pursuant to Section 255.40(b)(4) shall be in compliance with Section 255.80, with respect to its liquid fertilizer storage tanks with capacity of 100,000 gallons or more, in accordance with the following schedule:

i)          A facility registered pursuant to Section 255.40(b)(5) shall be in compliance with Section 255.140 within five years after the 1990 adoption date.

j)          A facility registered pursuant to Section 255.40(b)(6) shall be in compliance with Section 255.150 within five years after the 1990 adoption date.

k)         All non-commercial agrichemical facilities shall be in compliance with all of this Part within five years after the 1990 adoption date.

l)          Nothing in this Part shall require the loading of pesticide into anhydrous ammonia nurse tanks to be accomplished within an operational area containment structure, provided that a closed transfer system is used.

(Source:  Amended at 26 Ill. Reg. 10386, effective July 1, 2002)