Section 705.201  Final Permit Decision

a)         After the close of the public comment period under Subpart D or Section 705.182, the Agency must issue a final permit decision.

b)         A final permit decision must consist of either of the following:

1)         A letter of denial that includes each of the following:

A)        The Sections of the appropriate Act that may be violated if the permit were granted;

B)        The provisions of Board regulations that may be violated if the permit were granted;

C)        The specific type of information, if any, that the Agency deems the applicant did not provide with its application; and

D)        A statement of specific reasons why the Act and the regulations might not be met if the permit were granted; or

2)         Issuance of a permit.

c)         On the date of the final permit decision, the Agency must notify the applicant and each person who has submitted written comments or requested notice of the final permit decision.  This notice must include reference to the procedures for appealing an Agency RCRA or UIC permit decision under Section 705.212.

d)         A final permit must become effective 35 days after the final permit decision made under subsection (a), unless:

1)         A later effective date is specified in the permit; or

2)         Review is requested under Section 705.212, in which case the effective date and conditions will be stayed as provided in Sections 705.202 through 705.205.

BOARD NOTE:  This Section corresponds with and is partially derived from 40 CFR 124.15 (2017).

(Source:  Amended at 42 Ill. Reg. 21179, effective November 19, 2018)