Ill. Admin. Code tit. 35, § 616.105 - General Exceptions
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 under Section
14.5 of the Act; or
2) Alternate requirements are imposed in an
adjusted standard proceeding or a site-specific rulemaking under Title VII of
the Act; or
3) Alternate
requirements are imposed in a regulated recharge area proceeding under 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 commercial
application or at a central location for distribution to retail sales outlets
that has filed a written notice of intent under 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 under Section
14.6 of the Act on the
appropriate license or renewal application form submitted to the Department of
Agriculture or other appropriate agency. [415 ILCS
5/14.6 ]. This exception does not apply to those
facilities that are not in compliance with the program requirements of Sections
14.6(b) and
14.6(c) of the
Act.
b) Nothing in this
Section limits 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
regulatory proceeding establishing the regulated recharge area.
Notes
Amended at 17 Ill. Reg. 1878, effective January 28, 1993
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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
Amended at 17 Ill. Reg. 1878, effective January 28, 1993