Ill. Admin. Code tit. 35, § 616.105 - General Exceptions

Current through Vol. 46, No. 16, April 15, 2022

a) This Part does not apply to any facility or unit, or to the owner or operator of any facility or unit, for which:
1) The owner or operator obtains certification of minimal hazard pursuant to Section 14.5 of the Act; or
2) Alternate requirements are imposed in an adjusted standard proceeding or in a site-specific rulemaking, pursuant to Title VII of the Act; or
3) Alternate requirements are imposed in a regulated recharge area proceeding pursuant to Section 17.4 of the Act; or
4) The owner or operator of the facility for storage and related handling of pesticides or fertilizers for the purpose of commercial application or at a central location for the purpose of distribution to retail sales outlets that has filed a written notice of intent pursuant to Section 14.6 of the Act with the Department of Agriculture by January 1, 1993, or within 6 months after the date on which a maximum setback zone is established or a regulated recharge area regulation is adopted that affects such a facility; or has filed a written certification of intent pursuant to Section 14.6 of the Act on the appropriate license or renewal application form submitted to the Department of Agriculture or other appropriate agency (Section 14.6(a) of the Act). This exception shall not apply to those facilities that are not in compliance with the program requirements of subsections 14.6(b) and 14.6(c) of the Act.
b) Nothing in this Section shall limit the authority of the Board to impose requirements on any facility or unit within any portion of any setback zone or regulated recharge area in any adjusted standard proceeding, site-specific rulemaking or a regulatory proceeding establishing the regulated recharge area.

Notes

Ill. Admin. Code tit. 35, § 616.105

Amended at 17 Ill. Reg. 1878, effective January 28, 1993

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