An applicant may consider any condition the Agency imposes in a permit as the Agency refusing to grant a permit. An applicant or others who have been a party or participant at an Agency hearing are entitled to appeal the Agency's decision to the Board under Section 40 of the Act, 35 Ill. Adm. Code 105 and 35 Ill. Adm. Code: Subtitle C, Chapter I.
Ill. Admin. Code tit. 35, § 502.401