Ill. Admin. Code tit. 35 § 104.590

Current through Register Vol. 48, No. 49, December 6, 2024

Section 104.590 - Extension

a) If, at the end of the term of the TLWQS, the underlying designated use remains unattainable, the petitioner may seek an extension of an existing TLWQS, consistent with the requirements of this Subpart.

b) A petition to extend a TLWQS previously granted by the Board is a new petition for a TLWQS before the Board, and must be filed in compliance with this Subpart and 35 Ill. Adm. Code 101.Subpart C, including payment of the filing fee under Section 104.520(c) and 35 Ill. Adm. Code 101.302(e).

c) In addition to the requirements of Section 104.530, the petition for extension of the TLWQS must contain:

1) A detailed explanation showing that satisfactory progress toward attaining the designated use has been made during the term of the prior TLWQS and that additional time is needed to make further progress;

2) A demonstration of whether conditions have changed such that the designated use and criterion are not attainable;

3) A demonstration of whether new or additional information has become available to indicate that the designated use and criterion are not attainable in the future;

4) Documentation showing that the requirements and conditions established by the Board that applied throughout the term of the prior TLWQS have been fully met, or, if any requirement or condition has not been fully met, a detailed explanation of the reason or reasons that the requirement has not been fully met; and

5) A motion to incorporate any material from the record of the prior TLWQS proceeding, in compliance with 35 Ill. Adm. Code 101.306.

Ill. Admin. Code tit. 35, § 104.590

Added at 42 Ill. Reg. 7922, effective 4/27/2018