Section 3702.140  Permit Approval

a)         The Department shall either approve or deny an application for permit within ninety (90) days of the receipt of the complete application (or one-hundred and fifty (150) days in the event a hearing is held) unless a longer time period is agreed to in writing by the applicant.  If the Department has neither approved nor denied the application within these time limits, the application will be deemed approved.  The time limit for final Department action on a permit application shall be computed from the date on which the Department has received all information required in Sections 3702.40 and 3702.60 or 3702.50 and 3702.70.  The applicant will be advised within forty-five (45) days of the receipt of the application if additional data are required.  If additional data or revised plans are required by the Department, the time between the request and the receipt of the requested material will not be counted in these time periods.  Also, the time required for resolution of relevant objections shall not be counted in these time periods.

b)         OWR may give emergency approval of construction if the applicant agrees to make all modifications, at the applicant's expense, which are reasonably required by OWR, upon completion of a detailed review and expiration of the public comment period.  (An example of a situation in which emergency approval might be granted is:  If a dam was severely deteriorated, and immediate repairs were necessary to prevent dam failure.)

(Source:  Amended at 11 Ill. Reg. 1941, effective January 13, 1987)