Section 602.600  Special Exception Permits

a)         Unless contained in a construction or operating permit, each Agency determination in 35 Ill. Adm. Code 604 and 611 is to be made by way of a written special exception permit (SEP) pursuant to Section 39(a) of the Act.

b)         A person must not cause or allow the violation of any condition of a SEP.

c)         The community water supply may appeal the denial of, or the conditions of, a SEP to the Board pursuant to Section 40 of the Act.

d)         A SEP may be initiated in either of the following ways:

1)         by a written request from the community water supply; or

2)         by the Agency, when authorized by Board rules.

BOARD NOTE:  The Board does not intend by any provision of this Part to require that the Agency exercise its discretion and initiate a SEP under subsection (d)(2).  Rather, the Board intends to clarify by subsection (d)(2) that the Agency may initiate a SEP without receiving a request from the supplier.

(Source:  Amended at 47 Ill. Reg. 7449, effective May 16, 2023)