Section 809.911  Application for a Uniform Permit

a)         Hazardous waste transporters whose base state is Illinois shall obtain a uniform permit from the Agency by completing Part II of the uniform application, provided by the Agency.  The application form, provided by the Agency, will be identical in scope, coverage, and content to the uniform procedures and forms required by the Uniform Program.  If the application is complete and granting it will not violate the Act or Board regulations, the Agency will grant the uniform permit.

b)         The following procedures apply to the submittal of an application for a uniform permit:

1)         An application for a uniform permit is considered filed when the Agency receives a completed application on the form provided by the Agency and with the correct fee, set forth in Sections 809.913 and 809.915.

2)         A completed application must include all information required in Part II of the uniform application.

3)         The Agency will notify the transporter in writing within 90 days after receipt of the application if the application is incomplete.  If incomplete, the application will not be reviewed, and a copy of it will be returned to the transporter with instructions for resubmittal.

4)         If the Agency is unable to take final action (which includes granting or denying the uniform permit as requested, or by granting the uniform permit with conditions) within 90 days after the date the completed application is filed, the Agency will issue a Letter of Filing to the applicant.  Letters of Filing will include the following:

A)        A statement indicating that the applicant is in compliance with the application requirements of the Uniform Program;

B)        A statement that law enforcement officials in all participating jurisdictions shall honor Letters of Filing as temporary evidence of compliance with the Uniform Program; and

C)        An expiration date 180 days from the date the Letter of Filing is issued.

5)         On or before the expiration of any Letter of Filing the Agency will take final action on the completed application or the applicant may deem the uniform permit granted for the three year permit period, commencing on the day the completed application was filed with the Agency.

c)         The uniform permit will be valid for a period of three years unless:

1)         a transporter fails to renew its annual uniform registration; or

2)         there is a change in the transporter's operations during the permitting period (i.e., a transporter with a Part I uniform permit begins transporting hazardous waste in a state that requires a Part III disclosure).

d)         If the transporter's operations change during the permitting period, the transporter shall submit a new uniform permit application (Part II) detailing the changes.  The Agency will review the changes in accordance with the criteria and procedures outlined in the Alliance for Uniform HazMat Transportation Procedures, incorporated by reference in Section 809.104(d), for evaluation of the application.

e)         The Agency will send all denial notices and applications granted with conditions by U.S. Registered or Certified Mail, return receipt requested.  All other final notices may be sent by regular U.S. mail.  The Agency will be deemed to have taken final action on the date that the notice of final action is mailed.  Within 35 days after the Agency's final action, the applicant may appeal the Agency's decision to the Board in the manner provided for the review of permits in Section 40 of the Act.

f)          The Agency may undertake such investigations and request the applicant to furnish such proof as it deems necessary to verify the information and statements made in the application.

(Source:  Added at 23 Ill. Reg. 6842, effective July 1, 1999)