OFFICE OF THE SECRETARY OF STATE
JESSE WHITE
•
Secretary of State
09/08/2006
POLLUTION CONTROL BOARD
James R. Thompson Center 100 W. Randolph St., Ste
11-500
Dorothy Gunn
CHICAGO, IL
60601
Dear Dorothy Gunn
Your rules Listed below met our codification standards and have been published in
Volume 30, Issue
37
of the Illinois Register, dated
09/15/2006 .
ADOPTED RULES
Organization, Public Information, and Types of Proceedings
2 III. Adm. Code 2175
Page 14990
Point Of Contact:Erin Conley
If you have any questions, you may contact the Administrative Code Division at
(217) 782 - 7017
.
Index Department - Administrative Code Division - 111 East Monroe Springfield, IL 62756
RECEIVED
CLERK'S OFFICE
SEP 1 12006
STATE OF ILLINOIS
Pollution Control Board
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED AMENDMENTS
Heading of the Part
:
Organization, Public Information, and Types of Proceedings
'R EC
C
LERK'OPFE
D
SEp 112006
STATE OF ILLINOIS
Pollution Control Board
I)
2)
Code Citation :
2111 . Adm. Code 2175
3)
Section Numbers :
Adopted Action
:
2175.100
2175.105
2175.110
2175.115
2175.120
2175.125
2175.130
2175.135
2175.140
2175.200
2175.205
2175.210
2175.215
2175.220
2175.300
2175.305
2175.310
2175 .315
2175.320
2175.400
2175.500
2175.505
2175.510
2175.515
2175.520
2175.525
2175.530
2175 .535
2175.540
2175.545
2175.550
2175.555
2175.600
2175.Appendix A
Amend
Amend
Amend
Amend
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Amend
Amend
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Amend
Amend
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Amend
Amend
Amend
Amend
Amend
Amend
Amend
Amend
Amend
Amend
Amend
Amend
Amend
Amend
Amend
Amend
New Section
New Section
New Section
New Section
Amend
Amend
RECEIVED
AUG 2 9 2006
`
-
"s CODE DIV.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED AMENDMENTS
4)
Statutory Authority
: Implementing Section 5-15 of the Illinois Administrative Procedure
Act [5 ILCS 100/5-15] and authorized by Section 5 of the Environmental Protection Act
[415 ILCS 5/5]
.
5)
Effective Date of Amendments
:
AUG 2 9 2006
6)
Does this rulemaking contain an automatic repeal date?
No
7)
Do these amendments contain incorporations by reference? No
8)
The adopted amendments, including any material incorporated by reference, are on file in
the Board's Chicago office at the James R. Thompson Center, 100 W. Randolph, Suite
11-500 and are available for public inspection
.
9)
Notice of Proposal Published in Illinois Register : This rulemaking is adopted in
accordance with procedures for required rulemaking under Section 5-15 of the Illinois
Administrative Procedure Act. Therefore, publication of a notice of proposed rulemaking
was not required .
10)
Has JCAR issued a Statement of Objections to these amendments? No
11)
Differences between proposal and final version
: None
12)
Have all the changes agreed upon by the agency and JCAR been made as indicated in the
agreements letter issued by JCAR?
Pursuant to Section 5-15 of the Illinois
Administrative Procedure Act, this rulemaking is being adopted without publication of a
notice proposed rulemaking, or JCAR second notice review
.
13)
Will these amendments replace emergency amendments currently in effect? No
14)
Are there any amendments pending on this Part? No
15)
Summary and Purpose of Amendments
:
A more complete description of these adopted amendments may be found in the Board's
opinion and order of July 20, 2006, in docket R04-9 . The Board is updating its Part 2175
rules. The amendments encompass three different topics : (1) statutory changes affecting
the Board; (2) Board procedural rule changes ; and (3) various developments at the Board,
such as the public availability of Clerk's Office online (COOL) as an "electronic file
cabinet" on the Board's Web site .
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED AMENDMENTS
Statutory changes
. Recent amendments to the Environmental Protection Act (Act) (415
ILCS 5 (2004)) and the Open Meetings Act (5 ILCS 120 (2004)) have impacted the
Board. For example, Public Act 93-509 (eff. Aug. 11, 2003) amended the Act, reducing
the number of Board Members from seven to five . This, in turn, lowered the number of
affirmative votes needed for Board action from four to three . These statutory changes are
reflected in the amendments at Sections 2175 .105(b) (Board membership) and
2175.120(b) (approval of majority of members required for Board decisions) . Public Act
93-523 (eff. Jan. 1, 2004) amended the Open Meetings Act to require that public bodies
keep a "verbatim record of all their closed meetings in the form of an audio or video
recording." The Board complied with this new requirement by audio-taping its closed
deliberative sessions, held pursuant to Section 2(c)(4) of the Open Meetings Act (5 ILCS
120/2(c)(4) (2004)). Verbatim recording is now covered in Section 2175 .135 of the
Board's administrative rules . Other new provisions of the Open Meetings Act, brought
about by Public Act 94-28 (eff. Jan. 1, 2006), impose Web site posting requirements on
certain public bodies . Under Section 2.02 of the Open Meetings Act (5 ILCS 120/2 .02),
a public body with a Web site maintained by a full-time staff must post its regular
meeting agendas and annual meeting schedule on its Web site. Under Section 2.06(b) of
the Open Meetings Act (5 ILCS 120/2 .06(b)), such a public body must also post the
regular open meeting minutes of the public body on the Web site within seven days after
approving the minutes. The Board has full-time staff dedicated to its Web site
maintenance, and has made changes to address the new Web site posting requirements in
Sections 2175.125, 2175.130, and 2175 .135 of the administrative rules
.
Procedural Rule Changes .
The Board adopted an entirely new set of procedural rules in
2000, repealing its then-current procedural rules and replacing them and all Board
procedural resolutions
. See Revision of the Board's Procedural Rules :
35 111. Adm .
Code 101-130, R00-20 (Dec. 21, 2000). The new procedural rules took effect January 1,
2001 . The adopted amendments update the cross-references to the new procedural rules
in the administrative rules . The Board also added to the administrative rules descriptions
of various Board proceedings that had been lacking, such as of Clean Air Act "Fast-
Track" rulemaking.
See, e.g., Sections 2175.550, 2175.555, and 2175.600.
New Developments . Finally, the Board has made various changes to the administrative
rules to reflect changes to COOL, the Board's electronic docketing system for
rulemakings and adjudicatory cases, and to update the addresses of the Board offices .
16)
Information and questions regarding these adopted amendments shall be directed to
:
Richard McGill
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED AMENDMENTS
Illinois Pollution Control Board
100 W. Randolph, Suite 11-500
Chicago, IL 60601
312-814-6983
Copies of the Board's opinion and order may be requested from the Clerk of the Board at
the address listed in #8 above or by calling 312/814-3620 . Please refer to the Docket
number R04-9 in your request. The Board order is also available from the Board's Web
site (www.ipcb.state .il.us)
The full text of the adopted amendments begins on the next page
:
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED AMENDMENTS
TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXVIII: POLLUTION CONTROL BOARD
PART 2175
ORGANIZATION, PUBLIC INFORMATION, AND TYPES OF PROCEEDINGS
SUBPART A: INTRODUCTION AND ORGANIZATION
Section
2175.100
Summary and Purpose
2175.105
Board Membership
2175.110
Organization and Supervisory Relationships
2175.115
Location of Offices
2175.120
Board Meetings
2175.125
Public Notice ofRegularOpen Board Meetings and Closed Deliberative Sessions
2175.130
Agenda of Open Board Meetings and Closed Deliberative Sessions
2175.135
Minutes ofOpen Board Meeting s ; Minutes and Verbatim Record of Closed
Deliberative Sessions
2175.140
Accessibility ofOpen Board Meetings and Hearings
SUBPART B: FEES AND FORMS OF PAYMENT
Section
2175.200
Filing Fees
2175.205
Ph
g Copying Fees
2175.210
Pheteeepying Copying Procedures
2175.215
Forms of Payment
2175.220
Other Fees/Costs
SUBPART C: PUBLIC INFORMATION
Section
2175 .300
Files Open to Reasonable Public Inspection
2175 .305
Publications
2175.310
Board's Home Page on World Wide Web Internet Board Web Site
2175.315
Documents Available from the Clerk's Office
2175.320
Requests For Information
SUBPART D: ACCESS TO BOARD RULES
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED AMENDMENTS
Section
2175.400
Access to Board Rules in the Illinois Administrative Code
SUBPART E: RULEMAKING
Section
2175.500
Proposals
2175.505
Initial Hearing
2175.510
First Notice
2175.515
Second Notice
2175.520
Adopted Rules
2175.525
Emergency Rules
2175.530
Peremptory Rules
2175.535
Rules Identical-In-Substance to A4optiens€Federal Regulations
2175.540 Federally Required Rules
2175.545 Generally Applicable Rules and Site-Specific Rules
2175.550 Clean Air Act Fast-Track Rulemaking
2175.555 Updating Incorporations By Reference
SUBPART F: ADJUDICATORY PROCEEDINGS
Section
2175.600
Adjudicatory Proceedings
2175.APPENDIX A: ORGANIZATIONAL CHART
AUTHORITY: Implementing Section 5-15 of the Illinois Administrative Procedure Act [5 ILCS
100/5-15] and authorized by Section 5 of the Illinois Environmental Protection Act [415 ILCS
5/5]
.
SOURCE: Administrative rules adopted at 3 111 . Reg. 23, p. 96, effective May 29, 1983 ;
repealed by operation of law effective October 1, 1984 ; new rules adopted at 9111. Reg. 107,
effective December 21, 1984 ; old Part repealed, new Part adopted at 20 Ill . Reg. 107, effective
March 5, 1996; amended in R04-9 at 30111 . Reg . , effective
SUBPART A: INTRODUCTION AND ORGANIZATION
Section 2175.100
Summary and & Purpose
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED AMENDMENTS
As required by Section 5-15 of the Illinois Administrative Procedure Act (IAPA) [5 ILCS 100/5-
15] and Section 140/4 of the Freedom of Information Act (FOIA) [5 ILCS 140/4], this Part sets
forth the administrative rules that which apply to the Illinois Pollution Control Board (Board)
.
These rules are intended to generally explain what the Board is, how the Board is organized and
operates, and how the public can get information from the Board . These rules do not explain,
and are not intended to explain, the Board's procedural requirements for processing rulemakings
and adjudicatory cases. Those procedural rules are found at 35 111 . Adm. Code 101-I-20130. If
there is a conflict between the Board's procedural rules (35 111 . Adm. Code 101-130) and this
Part, the procedural rules will control
.
(Source: Amended at 30 Ill. Reg . , effective )
Section 2175.105
Board Membership
a)
The Board was created pursuant to Section 5 of the Illinois Environmental
Protection Act (Act) [415 ILCS 5/5]. The Board is a quasi-legislative and quasi-
judicial administrative agency responsible for adopting environmental regulations
and deciding certain environmental disputes and cases brought pursuant to the
Illinois Environmental Protection Act. The Board determines, defines, and
implements environmental control standards in accordance with the Illinois
Environmental Protection Act .
b)
The Board is comprised of five seven technically qualified members. The
members are appointed by the Governor with the advice and consent of the
Senate, for a term of three years .
c)
The Governor designates one member to serve as Chairman. The Chairman
serves at the pleasure of the Governor and is responsible for the administration of
the Board
.
Pursuant to Section 3.1 of the Executive Reorganization Implementation Act [15
ILCS 15/3.11, the Board is an agency of State government thatis created by law
with the primary responsibility of exercising regulatory or adjudicators functions
independently of the Governor
.
As such, the Board is excluded from the term
"Agency directly responsible to the Governor"or"agency"as defined in the
Executive Reorganization Implementation Act (15 ILCS 15/3 .11 .
(Source: Amended at 30 Ill. Reg . , effective )
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED AMENDMENTS
Section 2175.110
Organization and Supervisory Relationships
a)
Each member of the Board is aided by a confidential assistant who may be an
attorney or who may have an advanced technical degree, and a personal secretary
.
The Chairman may have two confidential assistants and a personal secretary
.
b)
In order tTo carry out its functions, the Board is comprised of the following
offices and units: Clerk's Office, Legal Unit, Hearings Unit, Technical Unit, and
Fiscal Unit. The function of each is as follows
:
1)
Clerk's Office . This 9office is responsible for the processing,
maintenance, and distribution of all regulatory and adjudicatory case-
related materials of the Board . The Clerk's Office is located in Chicago
.
2)
Legal Unit. This unit is responsible for general legal functions of the
Board and case or rule-related legal responsibilities, as designated by the
Chairman
.
Under the direction of the Senior Attorney, this unit also
consists of attorneys responsible for conducting Board adjudicators
hearings throughout the State, making such rulings as may be necessary at
hearing, and generally managing the Board's adjudicators caseload
.
3)
Technical Unit. This unit is comprised of environmental specialists
responsible for gathering such technical and scientific data as may be
required by the Board in the performance of its duties and for advising the
Board on technical issues related to pending adjudicatory cases and
rulemakings, as assigned by the Chairman
.
this unit is comprised of attorney;, responsible fer eonductin
hearings throughout the State, making such rulings as may be no y
43)
Fiscal Unit. Under the direction of a Fiscal Officer, this unit is responsible
for budgeting, expenditures, procurement, computer operations, and
related duties .
c)
The Board may also employ employs other professional staff to carry out its
functions and mandates, including but not limited to an Executive Coordinator, a
Public Information Affairs Coordinator, a Human Resources ManagerServices
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED AMENDMENTS
Coordinator, and aLcgi:lativc and Govenmwnta l Affairs Co
d' an
Information Systems Analyst, and a Rulemaking Coordinator.
d)
Organizational relationships are shown in the organizational chart in Appendix A
at the end of this Part . Detailed descriptions of the specific responsibilities and
duties of each of the job titles are maintained in the Board's Springfield or
Chicago office
.
(Source: Amended at 30 Ill. Reg. , effective
Section 2175 .115
Location of Offices
a)
The Board maintains two central offices, one in Chicago and one in Springfield
.
The Beard may also ma intainsatelliteofficesin var ious regions of the State .
b)
The Clerk's Office is located in the Chicago Ooffice. The address and general
telephone number of the Chicago office is :
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph St.
Suite 11-500
Chicago, Illinois 60601
(312)-814-3620
(312) 814-3669 (Fax)
c)
The Office of the Chairman, the Fiscal unit, and the Legislative/Government
Affairs Coordinator are located in the Springfield office
. The address and general
telephone number of the Springfield office is :
Illinois Pollution Control Board
1021 North Grand Ave . East
600 South Second Street
Suite 40'1
Springfield, Illinois 62702 62701
(217)-524-8500
(217) 524-8508 (Fax)
d)
The Board maintains satelliteoffices inthe following locations :
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED AMENDMENTS
Illinois Pollution Control Board
110 South State Street
Jerseyvillc, Illinois 62052
(618) 198 9802
(618) 498 5934 (Fax)
118 North Third Street
R.A . Box 505
.a A
(815) 753 1904
(815) 753 1970 (Fax)
(Source: Amended at 30 Ill. Reg . , effective )
Section 2175.120
Board Meetings
a)
The Board makes all decisions on adjudicatory cases and regulatory matters at
open meetings of the Board noticed and held in accordance with the Open
Meetings Act [5 ILCS 120/1 et seq ] . The Board may also hold meetings that are
closed to the public nteetitvgs pursuant to Section 2(c) 120/2(a) of the Open
Meetings Act [5 ILCS 120/20 (a)] , including closed deliberative sessions under
Section 2(c)(4)of the Open Meetings Act [5 ILCS 120/2(c)(4)] . The Board
regularly holds closed deliberative sessions (see Sections 2175.125 and 2175 .130
of this Part)
.
b)
Open Board Mmeetings may be held when a quorum of Board members;
constituted by four members of the Board, is present . Ifthere is no vacancy on
the Board, four members of the Board constitute a quorum ; otherwise, a majority
of the Board constitutes a quorum, and no vacancy impairs the right of the
remaining members to exercise all of the powers of the Board . Every action
approved by a majority of the members of the Board constitutes the action of the
Board.(415 ILCS 5/5(a)l Four affirmativevotes-arc requiredfor any final
determination, of the Board, except in aproceeding to
remove
accpl under
Section 31(d) of the Illinois Environmental P rotect ion Act [115 ILCS5,31(d)]
.
The Board may hold a closed meeting upon a majority vote of a quorum present
ILLINOIS REGISTER
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED AMENDMENTS
taken at an open meeting for which notice has been given as required by the Open
Meetings Act (5 ILCS 120/2a) . Closed meetings may be held when a majority of
a quorum is present (5 ILCS 120/1 .02) .
de)
Board members may attend meetings in the following ways
:
Meetings , whether open or closed, may be held with Board members
physically present physically or by videoconference. Closed meetings
may also be held with Board members or present telephonically
.
2)
If a quorum of Board members is present physically or by
videoconference at an open meeting, a majority of the Board may allow a
Board member to attend the meeting telephonically if the member cannot
otherwise attend because of personal illness or disability, the business of
the Board, or a family or other emergency. In such instances, the Board
member who wishes to attend telephonically will notify the Clerk of the
Board before the meeting unless advance notice is impractical
.
ed)
Section 5 of the Illinois Environmental Protection Act requires the Board to hold
at least one open meeting each month and allows the Board to hold special and
emergency meetings [415 ILCS 5/5] . The Chairman or two Board mMembers
may call a special or emergency meeting of the Board that is open to the public .
(Source: Amended at 30 111 . Reg
. , effective )
Section 2175 .125
Public Notice of Regular Open Board Meetings and Closed Deliberative
Sessions
a)
Public Notice of Regular Open Board Meetings and Closed Deliberative Sessions
.
)~
The Board adopts annual schedules of open meetings and closed
deliberative sessions
. Regular open Board meetings are generally held
twice a month, usually every first and third Thursday of the month at the
James R. Thompson Center (JRTC) (JTRC) in Chicago or at the Board's
Springfield office, but dates, times and locations are subject to change .
Regular closed deliberative sessions are generally held twice a month,
usually every second and fourth Thursday of the month at the JRTC in
Chicago or at the Board's Springfield office, but dates, times and locations
are subject to change .
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED AMENDMENTS
2j
Notification of these regular open Board meetings is given in the Board's
Environmental Register
, a monthly publication available in hard copy
and
on the Board's Web site Home°age (see Section 2175 .3 10 of this Part)
.
Notification of all regular open Board meetings and closed deliberative
sessions is also provided posted pursuant to Sections 2 .02 and 2.03 of the
Open Meetings Act [5 ILCS 120/2.02 and 2.03] .
A~
At least 48 hours before each regular open Board meeting and
closed deliberative session, an agenda for the meeting or session is
posted at the Board's Chicago office and at any other location
where the meeting or session is to be held. Each such agenda is
also posted on the Board's Web site and remains so posted at least
until the regular meeting or session is concluded
.
Notification of the annual schedule of regular open Board meetings
and closed deliberative sessions is given at the beginning of each
fiscal year by posting a copy of the schedule at the Board's
Chicago office . In addition, the annual schedule is posted on the
Board's Web site and remains so posted at least until a new public
notice of the schedule of regular meetings and sessions is
approved . The schedule ofregular open Board meetings also
appears at the end of every regular open Board meeting agenda
.
Both locations arcopen to the public
.
be)
Public Notice of Special or Emergency Meetings .
1)
Whether a special or emergency meeting is an open Board meeting or a
closed deliberative session, notice Notice of a special or emergency
meetingmeetings will generally be given to all Board members and the
public at least 48 hours prior to the meeting . The not ice will include a
If,
however, a majority of the Board certifies that an emergency exists and
exigencies of time are such that the 48-hour notice must be dispensed
with, a special meeting may be called by the Chairman or two
Members merely by posting notice in the Board's offices and gi 'g
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED AMENDMENTS
notice to the public of an emergency meeting will be given as soon as is
reasonably far in advance as is practicable, but prior to the holding of such
meeting .
22)
Notice of a special or emergency meeting will include a copy of the
meeting agenda and will be posted at the Board's Chicago office, at any
other location where the meeting is to be held, and on the Board's Web
site (see Section 2175 .310 of this Part), pursuant to Section 2 .02 of the
Open Meetings Act (5 ILCS 120/2.02) .
)
Notwithstanding subsections(b)(1)and (2) of this Section, at any open
Board meeting for which notice has been given as required by the Open
Meetings Act, the Board may, without additional notice under Section
2.02 of the Open Meetings Act (5 ILCS 120/2 .02), hold a special or
emergency closed deliberative session . Only topics specified in the vote
to close the meeting may be considered during the closed deliberative
session (5 ILCS 120/2a) (see Section 2175 .120(c) of this Part) .
cd)
Notice to Media. The Board gives notice of regular, special, or emergency
meetings, whether the meeting is an open Board meeting or a closed deliberative
session, to any news medium that which has filed an annual request for such
notice under Section 2.02(b) of the Open Meetings Act (5 ILCS 120/2.02(b)) .
Videoconference and Teleconference . Whether the meeting is a regular, special,
or emergency meeting, the Board may hold its open meetings and closed
deliberative sessions by videoconference between Chicago and Springfield
locations
.
Such open Board meetings may be attended by the public at both
locations. A Board member may attend an open Board meeting telephonically
only in accordance with Section 2175 .120(d)(2) of this Part. The Board may hold
its closed deliberative sessions by teleconference
.
(Source: Amended at 30 Ill . Reg . , effective )
Section 2175.130
Agenda ofOpen Board Meetings and Closed Deliberative Sessions
a)
The Board maintains an agenda for each of its open Board meetings and closed
deliberative sessions in accordance with Section 2 .02 of the Open Meetings Act
([5 ILCS 120/2.02jJ . Open Board meeting agendas contain the list of
rulemakings, adjudicatory cases, and motions that may be decided by the Board at
ILLINOIS REGISTER
POLLUTION CONTROL, BOARD
NOTICE OF ADOPTED AMENDMENTS
that meeting .
Closed deliberative session agendas contain the list of rulemakings,
adjudicators cases, and motions on which the Board may deliberate at that
session. Agendas and are posted at the Board's Chicago offices, at any other
location where the meeting or session is to be held, and on the Board's Home
Page Web site (see Section 2175 .310 of this Part) .
b)
The Board does not generally place any item on the an open Board meeting
agenda that has been filed less than two full days before the a
scheduled Board
meeting .
c)
The Board may also issue an addendum to the agenda of an open Board meeting
or closed deliberative session and, as provided for in Section 2.02(a) of the Open
Meetings Act [5 ILCS 120/2.02(a)], may consider items not specifically set forth
on the agenda .
(Source: Amended at 30 Ill. Reg
. , effective )
Section 2175 .135
Minutes of Open Board Meetings : Minutes and Verbatim Record of
Closed Deliberative Sessions
)
The Board will keep minutes of all open Board meetings in accordance with
Section 2.06(a) of the Open Meetings Act (5 ILCS 120/2.06(a))
. Minutes of all
such meetings subject to the Open Meetings Act will shall be available to the
public at the Clerk's Office and
of
on the Board's Heme-Page Web site (see
Section 2175 .310 of this PartO2) within seven days of approval of the minutes
.
The minutes will remain posted on the Board's Web site for at least 60 days after
their initial posting (5 ILCS 120/2 .06(b)) .
The minutes will include the time, date,
and place of the meeting, the items decided and the numeric decision vote , the
Board members recorded as present or absent, and whether the members were
present physically, by videoconference, or telephonically.
The Board will kee minu es of all its closed deliberative sessions in accordance
with Section 2 .06(a) of the Open Meetings Act (5 ILCS 120/2 .06(a)). Minutes of
all such sessions will be available to the public only as provided in Sections
2.06(d) and (f) of the Open Meetings Act (5 ILCS 120/2 .06(d) and(f)).The
minutes will include the time, date, and place of the session, the items on which
the Board deliberated, the Board members recorded as present or absent, and
whether the members were present physically, by videoconference, or
telephonically
.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED AMENDMENTS
c
The Board will keep a verbatim record of all its closed deliberative sessions in the
form of an audio or video recording in accordance with Section 2 .06(a) of the
Open Meetings Act (5 ILCS 120/2.06(a)). Verbatim recordings of all such
sessions will be available to the public only as provided in Sections 2
.06(c) and
(e) of the Open Meetings Act (5 ILCS 120/2.06(c) and(e)) ._
(Source: Amended at 30111. Reg
. , effective )
Section 2175 .140
Accessibility ofOpen Board Meetings and Hearings
In compliance with the Americans with Disabilities Act and other applicable federal and State
laws, the Board will make every effort to hold public meetings and hearings in facilities that
which are accessible to people with disabilities . Persons requiring such services should contact
the Dorothy Gunn, Clerk of the Board; at 100 W. Randolph Street, Suite 11-500, Chicago,
Illinois 60601 or at 312/814-3620 within at least five (5) days prior to a Board meeting or
hearing .
(Source: Amended at 30 111. Reg
. , effective }
SUBPART B: FEES AND FORMS OF PAYMENT
Section 2175 .200
Filing Fees
a)
A person filing an action for which a filing fee is prescribed by
Section 7.5 ofthe
Illinois Environmental Protection Act f415 ILCS 5/7.51 must -shall pay that fee at
the time the petition is presented to the Clerk for filing
.
b)
The following initial filings require filing fees and will only be considered filed
when accompanied by the appropriate fee, which may be paid in the form of
Pollution Control Board, but which may not be paid in cash :
1)
Petition for Site-Specific Regulation, $75;:
2)
Petition for Variance, $75,--
.
3)
Petition for Review of Illinois Environmental Protection Agency (Agency)
Permit Decision, Underground Storage Tank (UST) Decision, or any other
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED AMENDMENTS
final appeal determination pursuant to Section 40 of the
Illinois
Environmental Protection Act [415 ILCS 5/40], $75;
4)
Petition to Contest Local Government Pollution Control Facility Siting
Decision, pursuant to Section 40.1 of the
Act [415 ILCS 5/40 .1], $75; and
5)
Petition for Adjusted Standard, pursuant to Section 28 .1 of the Illinois
Environmental Protection Act [415 ILCS 5/28 .1], $75
.
c) The Clerk will refuse to file any petition which that is not accompanied by the
required fee . The fee must be paid in the form specified in Section 2175 .215 of
these rules, this Part
.
(Source: Amended at 30 Ill . Reg . , effective )
Section 2175 .205
Photocopying Copying Fees
Most All files, records, and data are available on the Board's Web site (see
Section 2175 .3 10 of this Part), where they may be viewed, searched, and
downloaded free of charge. Copies may also be made may be copied at the Board
office
officer, in Chicago upon payment of reasonable reproduction fees
[4I S
ILCS 5/71 as follows
:
la)
A hard copy of a single opinion and order will be furnished on request
without cost, irrespective of length, with a
the dissenting and/or
concurring opinion(s)
. Hard -copies of multiple opinions and orders cost
75 cents per page
.
2b)
Hard copies of Uhearing Ttranscripts cost 75 cents per page
.
3e)
Hard copies of Aall other documents cost 75 cents per page
.
d)
State agenc ies arc, upon request,provided copies of opinions and orders
and
transcripts free of charge
.
When reasonably practicable, materials may be provided electronically in
the form of a diskette or compact disk. The fee for such material will be
based on actual costs incurred by the Board
.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED AMENDMENTS
State agencies are, upon request, provided a hard copy of opinions and orders and
transcripts free of charge
.
c)
Fees will be waived or reduced if
:
The requestor is a constitutional officer or a member of the General
Assembly; or
The requestor states the specific purpose for the request and indicates that
a waiver
of
the fee is in the public interest
.
Waiver
of
the fee is in the
public interest iLthe principal purpose
of
the request is to access and
disseminate information regarding the health, safety, and welfare or the
legal rights of the general public and is not for the purpose
of
personal or
commercial benefit.[5 ILCS 140/6(b)1
d)
No fee will be charged to inspect records
.
Inspection of records can only take
place in Chicago at the Clerk's Office
.
(Source: Amended at 30 111. Reg . , effective )
Section 2175 .2 10
Photocopying Copying Procedures
a)
All files, records, and data may be copied at the Board's offices in Chicago office
upon payment , except for information exempted pursuant to Section 7 of FOIA
J5 ILCS 140/71. (See Section 2175 .300 of this Part .) {115 ILCS 5/7 .}
b)
The Board will contract for any copying that would impose a substantial
administrative burden on the Board. The person requesting such copies will be
charged the reproduction charges incurred by the Board
.
c)
Requests for copies will be honored in as timely a manner as is reasonably
practicable possible
. Requests to receive for copies by mail will be honored
.
However, the Board reserves the right to charge the requesting party for the
mailing costs incurred by the Board
.
(Source: Amended at 30 Ill. Reg . , effective )
Section 2175.215
Forms of O€ Payment
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED AMENDMENTS
a)
Any amount over $10 must be paid by check or money order made payable to the
Illinois Pollution Control Board , except as provided in subsection (b) of this
Section .
b~
Filing fees may be paid in the form of a check or money order made payable to
the Illinois Pollution Control Board, or cash, but cash payment is discouraged . A
State agency may use an Office of the Comptroller voucher to remit payment for
filing fees (see Section 2175 .200 of this Part) and copy fees (see Section 2175 .205
of this Part)
.
cb)
IfIn the event that a check for filing fees, paid pursuant to Section 7 .5 of the
Illinois Environmental Protection Act is not honored by petitioner's bank, the
Fiscal Officer may require that payment be made within 48 hours by certified
check or money order. Failure to make payment may subject petitioner the parties
to sanctions ,including penalties as provided €er in the Board's procedural rules .
(See 35 111. Adm. Code 101.800 120.)
de)
If In the event that a check for photocopying fees charges is not honored by the
remitter's bank, the Fiscal Officer may require that payment be made within 48
hours by certified check or money order. The Fiscal Officer may also require that
photocopy fees be paid only by certified check or money orders prior to the
conveyance of material for any entity firm or individual who remits to the Board a
check that whie-h subsequently is not honored by the remitter's bank
.
(Source: Amended at 30 Ill. Reg . , effective _ )
Section 2175 .220
Other Fees/Costs
The Board may, in its procedural rules (see 35 III . Adm. Code 101-120 130), provide for the
payment of certain types of its costs where appropriate
.
(Source: Amended at 30 Ill. Reg . , effective )
SUBPART C: PUBLIC INFORMATION
Section 2175.300
Files Open to Reasonable Inspection
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED AMENDMENTS
a)
The Clerk will maintain files containing all information submitted to or produced
by the Board or any of its members relating to matters within the Board's
jurisdiction
.
Without limiting the foregoing, ffhe files will include : pleadings,
motions, notices, minutes, transcripts, exhibits, orders and opinions, proposed and
adopted regulations, the Environmental Register and other Board releases,
business records, and informal complaints
.
b)
Pursuant to Section I ofthe Illinois State Records Act, the Clerk will shall
maintain for five (-5) years; all documents submitted by the parties in relemakiag
and adjudicatory cases and participants in rulemakings [5 ILCS 1604] . After five
(5) years, the documents will shall be microfilmed and the microfilm will shall be
maintained by the Board. Documents microfilmed for the Board's record are
subject to destruction unless the parties or participants request that the documents
be returned at the closure of the five-(5) year period. Over-sized exhibits which
that are not capable of being microfilmed will be returned to the parties or
participants at their request or destroyed .
c)
All files, records, and data, other than personnel files, are maintained by the
Clerk's Office and are available from the Clerk of the Board, in the Board's
Chicago office only
.
Most of these materials are also available through the
Board's Web site (see Section 2175.310 of this Part), where they may be viewed,
searched, and downloaded
.
Such types of material include but are not limited to
:
1)
Documents filed within an adjudicatory case or rulemaking, including,but
not limited to appearances, pleadings, exhibits, motions, transcripts of
hearings, and public comments
;
2)
Opinions and & 9orders of the Board ;
3)
Copies of dDocuments published by the Board for use by the general
public, such as the Environmental Register
.
d)
The files, records, and data of the Board are open to reasonable public inspection
and copying in the Board's Chicago office, except for information exempted
pursuant to Section 7 ofFOIA
-
[5 ILCS 140/7],
including but not limited to, information thatwhieh constitutes a trade secret ;
information privileged against introduction in judicial proceedings ; internal
communication between oramong the Board and/or staff; draft orders and
opinions and orders; and technical unit memoranda
.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED AMENDMENTS
e)
The Board has adopted procedural rules at 35 111. Adm. Code 120 130 to establish
the procedures to be taken by any person to obtain trade secret protection for trade.
secrets and other non-disclosable information as described in Section 7 of the
Illino isEnvironmental
rotect ion Act [415 ILCS 5/7]. (See 35 III. Adm. Code
101 120 130.)
(Source: Amended at 30 Ill . Reg
. , effective )
Section 2175 .305
Publications
a)
Environmental Register
1)
The Board's monthly publication, the will publish an Environmental
Register,_ containing contains reports of the Board's activities and notices
of meetings and hearings. Single hard copies are provided free of charge
at the Board's Chicago and Springfield Goffices
.
2)
A yearly hard copy subscription may be purchased, at a cost of $20 to
defray defer reproduction and distribution charges, by contacting the
Board's Chicago office. Government entities and not-for-profit
organizations properly categorized as such under the Internal Revenue
Code may request a free hard copy subscription to the Environmental
Register .
Proof of organizational status is required
.
3)
The Environmental Register is provided free of charge on the Board's
rIome- --a-ge Web site see as described at Section 2175 .310 of this Part) .
b)
Opinions, Orders, Regulations
1)
Copies of opinions and orders of the Board are available upon request as
provided at Section 2175 .205(a) of this Part, including through the
Board's Web site (see Section 2175 .310 of this Part) .
2)
The Board's opinions and orders are also available through various
commercial services including LEXIS and Westlaw
.
3)
The Board's regulations are published in the Illinois Register (see Section
2175.305(d) of this Part) and by various commercial services. They are
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED AMENDMENTS
also published periodically by the Agency by subtitle and are available in
hard
copy
as quantities permit free of charge from the Board's Chicago
office .
Additionally, the Board maintains on its Web site the text of the
Board's regulations set forth in Title 35 of the Illinois Administrative
Code .
c)
Annual Report
1) The Board publishes an Annual Report of the Chairman . The report includes
information regarding the Board's membership, regulatory and case activities for the
fiscal year, a summary of legislative activity affecting the Board, a summary of Board
decisions reviewed by the courts during the fiscal year, and information on administrative
activities
.
2)
When completed and printed, the Annual Report is available in hard copy
free of charge in reasonable quantities from the Board's Chicago and
Springfield Offices offices
.
The Annual Report is also available free of
charge from the Board's Web site (see Section 2175 .3 10 of this Part)
.
d)
Illinois
Register
I)
Required Filings. The
Illinois
Register is a publication containing all state
State regulations and is published by and available from the Office of the
Secretary of State and various commercial services . The Board is required
to publish the following information in the
Illinois
Register :
A)
Notice of all proposed and adopted regulations as required by
Section 5-40 of the IAPA (5 ILCS 100/5-40) . The notices describe
the rules, contain contact names for questions, and provide
directions for participation at public hearings and submission of
written comments
.
B)
Notice of all emergency and peremptory regulations as required by
Sections 5-45 and 5-5046 of the IAPAIIIinois Administrative
Procedure Act ({5 ILCS 100/5-45 and 5/5046] ) . The notices
describe the rules and contain contact names for questions
.
C)
Results of Board determinations in adjusted standards proceedings
pursuant to Section 28 .1 of the Illinois Environmental Protectio
Section 2175 .310
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED AMENDMENTS
Act (f415 ILCS 5/28 .14). The Board publishes this list at the close
of each fiscal year, in July or August depending upon the
Illinois
Register publication schedule
.
D)
A regulatory agenda which sets setting forth rules that which the
Board may be considering during a six-month period. This agenda
lists is tolist rules before in advance ofpublication of the notice
described in subsection (d)(1) of this Section. The regulatory
agenda appears in January/February or July/August of each year,
depending upon the Illinois Register publication schedule. The
agenda describes the anticipated rules, contains contact names for
questions, and provides directions for public participation
.
2)
Discretionary filings. Section 7.3 of the Illinois Environment Protection
Act ({415 ILCS 5/7.34] and Section 5-70(b) of the IAPA Illinois
Administrative Procedure Act (f 5 ILCS 100/5-70(b)I-54 ) allow the Board
to publish other documents concerning its activities. These include, but
et limited to notices of public hearings, and notices of proposed and
adopted identical-in-substance rules as discussed in Section 7 .2 of the
Illinois Environmental Protection Act (f415 ILCS 5/7 .24) .
(Source: Amended at 30 Ill. Reg .
, effective
Board's Home Page on World Wide Web Internet Board Web Site
Web site with information that includes, but is not limited to, the following
information
:
1)
Board Members' Profiles and a Citizen's Guide to the Board
;
2)
Environmental Register;
3)
Open Board Meeting and Closed Deliberative Session Dates and Agendas;
4)
Procedural Rules in Title 35 of the Illinois Administrative Code
;
5)
Administrative Rules in Title 2 of the Illinois Administrative Code ;
6)
Annual Reports,
7)
Summary of Pending Rulemakings;
8)
Summary-e€ Recent Legislation Affecting the Board;
9)
Open Board Meeting Minutes
;
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED AMENDMENTS
10)
The Clerk's Office On-Line (COOL); COOL is the Board's searchable
electronic docketing system for rulemakings and adjudicatory cases,
containing Board opinions and orders, hearing transcripts, and participant
and party filings, all of which may be viewed, searched, and downloaded
;
1 Il
Environmental Regulations in Title 35 of the Illinois Administrative Code
;
12
The Act (415 ILCS 5) ; and
13)
Formal and informal complaint forms
.
b)
The information on the Board's
I
Web site can be downloaded free of
Board charges . The Home-Page Web site can be accessed through the Internet
using any commercially available on-line service . The Home-Page Web site can
be accessed directly at '4a the following electronic address
:
http://www.ipcb.state.il.us
c)
The Board's Web site Home Page can also be accessed through the State of
Illinois Home Page Web site (under the "Agencies" option) at the following
electronic address :
http://www .state.il.us/ http://www.illinois.gov/governmcnt/agency.cfm
(Source: Amended at 30 111. Reg . , effective _ )
Section 2175 .315
Documents Prepared by the Clerk's Office
Various documents are routinely prepared by and for the Clerk's oOffice for internal use by the
Board and are also available for inspection and copying . These include, but
arc not limited to,
docket sheets, listings of adiudicatory cases and rulemakings by type and status tracking sheets
.
Hard Ccopies will be available within five (5) working days of a request at a cost of $5 .00 per
page
.
(Source: Amended at 30 Ill. Reg . , effective _ )
Section 2175 .320
Requests for Information
a)
Informal requests for information may be made to any Board office . Informal
requests will be filled promptly upon receipt of the request. However, where a
request for information maintained by the Clerk's Office is made at a Board office
other than the Chicago office, some delay may be necessary to allow for the
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED AMENDMENTS
Clerk's eOffice to provide the material . Inspection of documents can only take
place at the Clerk's Office
.
b)
A formal request for information pursuant to the Freedom of Information Act
(FOIA) must shall state that it is a formal request pursuant to FOIA. The formal
request must shall be addressed to the Clerk of the Board, who will-shall date_
stamp the request upon receipt . All formal requests will be processed pursuant to
the timeframe time frame requirements set forth in FOIA
. The FOIA requires an
initial response to the request be made within seven (7) working days of receipt of
the formal request, subject to extension
.
1)
Any person whose formal request is denied by the Clerk may appeal such
denial by filing a written notice of appeal addressed to the Chairman of the
Board. The notice of appeal shall must include a copy of the formal
request, the Clerk's denial letter, and a statement of why the person
believes the denial was improper. The Chairman will determine in writing
whether the Clerk's denial was proper or improper, and will notify the
person within seven (9) working days after receipt of the notice
.
2)
If the Chairman affirms the denial or fails to take action within seven (7)
working days, the person may file suit in circuit court for injunctive or
declaratory relief pursuant to Section 11 of the FOIA (f5 ILCS
140/11}-) .
(Source: Amended at
30 Ill .
Reg
. , effective )
SUBPART D: ACCESS TO BOARD RULES
Section
2175.400
Access to Board Rules in the Illinois Administrative Code
a)
All Board rules have been codified under Title
35
of the Illinois Administrative
Code since October,
1983
.
Each general area of regulation has been assigned a
particular Subtitle as set out below
:
SUBTITLE
SUBJECT MATTER
A
Procedural Rules
•
Air Rules
C
Water Rules
•
Mine Rules
•
Livestock Waste
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED AMENDMENTS
F
Public Water Supplies
G
Waste Disposal
FI
Noise Rules
I
Nuclear Radiation
M
Biological Materials
b)
The Subtitles listed in subsection (a) of this Section, above, also include some
rules of the Env ironmental Protect ion Agency and the Department of Natural
Re-,ourccs. The Board's rules appear at Chapter I of each of the Subtitles
.
(Source: Amended at 30 111. Reg . , effective )
SUBPART E: RULEMAKING
Section 2175 .500
Proposals
a)
Rulemaking procedures are set out in the Board's procedural rules at 35 Ill. Adm
.
Code 102 .
1) The Act provides for five types of rulemakings
:
A) Identical-in-substance rulemakings, as defined in Sections 7 .2,
13 .3, 28 .2, and 28.4 of the Act (415 ILCS 5/7 .2, 13 .3, 28 .2, and
28 .4) (see 35 III. Adm. Code 102 .610) ;
B) Federally required rules, as defined in Section 28 .2 of the Act (415
ILCS 5/28.2) (see 35 111. Adm. Code 102.Subpart E) ;
C) Other regulatory proposals, both of general applicability and not of
general applicability, as allowed by Sections 26, 27, and 28 of the
Act (415 ILCS 5/26, 27, and 28) (see 35 Ill. Adm. Code
102.Subpart B) ;
D) Clean Air Act fast-track rulemakings, as defined by Section 28 .5 of
the Act (415 ILCS 5/28 .5) (see 35 III. Adm. Code 102.Subpart C) ;
and
E) Updating incorporations by reference, as allowed by Section 28.6
of the Act (415 ILCS 5/28 .6) (see 35 111. Adm. Code 102.211)
.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED AMENDMENTS
2)
The IAPA provides for three types of rulemakings
:
A) General rulemaking pursuant to Section 5-40 of the IAPA (5 ILCS
100/5-40), which includes first notice and second notice (see 35 III
.
Adm. Code 102.600-102.608);
B) Emergency rulemaking pursuant to Section 5-45 of the IAPA (5
ILCS 100/5-45) (see 35 Ill. Adm. Code 102 .612); and
C) Peremptory rulemaking pursuant to Section 5-50 of the IAPA (5
ILCS 100/5-50) (35 Ill . Adm. Code 102 .614) .
b)
Proposals for the adoption, amendment, or repeal of a substantive regulation may
be made by the Env ironmenta
l Protect ionAgency(Agency), the Illinois
Department of Natural Resources (Department), the Board, or any member of the
public
. Only the Agency may propose a Clean Air Act fast-track rulemaking (415
ILCS 5/28.5) .
Proposals made by the Agency, Department, or Board are
automatically scheduled for hearings .
c)
In the case of a proposal made by a member of the public, the proposal must be
accompanied by a petition signed by 200 persons, specifying home addresses,
unless that requirement is waived by the Board. When the proposal is
accompanied by a petition, the matter is placed on the agenda for Board decision
.
Generally, the Board will authorize a hearing unless it determines that the
proposal is plainly devoid of merit, or deals with a subject on which a hearing has
been held within the preceding six months, or is not accompanied by an adequate
statement of supporting reasons. The proponent will be notified of an adverse
decision and of the reasons for such a decision .
(Source: Amended at 30 III . Reg
. , effective )
Section 2175 .505
Initial Hearing
a)
All hearings on regulatory proposals are conducted according to the Board's
procedural rules at 35 111. Adm. Code 102. These hearings are open to the public,
and at such hearings, the public is permitted to examine the record, examine
witnesses
•
: 9
estify, and submit evidence,
except as lim ted by the Hearing Officer or Board procedural rule
.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED AMENDMENTS
b)
Unless otherwise directed by the Hearing Officer or the Board, the rulemaking
record remains open for written public comment for a minimum of 14 days
following the Board's receipt close of the hearing transcript . Any person may
make a written submission on the proposal within this period or during the first
notice period pursuant to the Administrative ProcedureAct(IAPA) ({5 ILCS
1001) .
(Source: Amended at 30 Ill. Reg .
effective )
Section 2175.510
First Notice
a)
The Board may adopt a proposed rule for first notice pursuant to Section 5-40 of
the IAPA A=RA at any time after a regulatory proceeding is initiated (f5 ILCS
100/5-401) .
The proposed rules are filed with the Secretary of State for first-
notice publication in theIllinois Register . Generally, the Board does not proceed
to first notice until merit and economic hearings have concluded and comments
have been received unless there is a need to proceed more expeditiously
.
b)
The public has a right to comment on the proposed rules during the first notice
period and retains all other rights set out in Section 5-40 of the IAPA (f5 ILCS
100/5-40}) .
c)
Pursuant to Section 28 of the Illinois Environmental Protection Act, the Board
may, after hearing in general, revise the proposed regulation before adoption
without conducting further hearings ({415 ILCS 5/28}j
.
(Source: Amended at 30 Ill . Reg . , effective )
Section 2175 .515
Second Notice
a)
Upon termination of the first-notice period, the Board may adopt the proposal for
second notice pursuant to Section 5-40 of the IAPA APA ({5 ILCS 100/5-401J,
for review by the Joint Committee on Administrative Rules (JCAR)
.
b)
After the second-notice period has commenced, the proposed rules will only be
amended in response to JCAR recommendations
.
(Source: Amended at 30 Ill . Reg . , effective )
Section 2175 .520
Adopted Rules
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED AMENDMENTS
a)
At the conclusion of the second-notice period, the Board may adopt a final
opinion and order adopting the new or amended rules and setting forth the reasons
for adoption .
b)
The adopted rules are then filed with the Secretary of State and are published in
the Illinois Register along with supporting information
.
(Source: Amended at 30 III . Reg . , effective )
Section 2175.525
Emergency Rules
Pursuant to the Illinois Emergency Management Agency Act (20 ILCS 3305/7) Illinois
Emergency Serv ices and Disaster Act of 1975 [65 ILCS 5/11, on proclamation by the Governor;
that a disaster emergency exists, or when the Board finds that a severe public health emergency
is involved in relation to any proposed regulation, then such regulation will shall take effect
without delay and the Board may proceed with the required economic impact hearings while the
regulation continues in effect (415 ILCS 5/27(c))
. When such an emergency exists, or when the
Board finds another situation exists that reasonably constitutes a threat to the public interest,
safety, or welfare, the customary 45-day notice period provision is waived; however, notice and
text of the emergency rule must be published in the Illinois Register(5ILCS 100/5-45(b) ) . An
emergency rule is effective for a maximum period of 150 days pursuant to Section 5-45(cc) of the
IAPA [5 ILCS 100/5-45(c)], but it may be adopted as a permanent rule by following usual
rulemaking procedures
.
(Source: Amended at 30 Ill. Reg
. , effective )
Section 2175.530
Peremptory Rules
When the Board is required by federal law, federal rules and regulations, or by a court order to
adopt a certain rule, that rule need not be published in the Illinois Register until it has been
adopted pursuant to Section 5-50 of the IAPA (f5 ILCS 100/5-5070.-}l However, notice and
text of the adopted rule must be published in the Illinois Register pursuant to Section 5-70 of the
JAPA AR A . ([5 ILCS 100/5-70.A)
(Source: Amended at 30 Ill . Reg
. , effective )
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED AMENDMENTS
Section 2175.535
Rules Identical-In-Substance to Adoption ofFederal Regulations
a)
The Board adopts regulations in the following programs pursuant to Section 7 .2
of the Illinois Environmental Protection Act ff415 ILCS 5/7 .2}J that are identical-
in-substance to federal regulations and which are exempt from Sections 5-35 and
5-40 ofthe IAPA U4ino
isAdministrative Procedure Act (f5 ILCS 100/5-35 and 5-
40}j
:
la)
Exemptions from the definition of volatile organic material : Section
9.1(e) of the
• .
.
Act (f415 ILCS 5/9.1(e)4j,
2b)
Underground injection control (UIC): Section 13(c) of the Illinois
Act ff415 ILCS 5/13(c)-U,
3e)
Wastewater pretreatment: Section 13 .3 of the
Protect ion Act ff415 ILCS 5/13 .3)-}-),
4d)
Safe Drinking Water Act (SDWA): Section 17 .5 of the Illinois
Env ironmental Protect ion Act (f415 ILCS 5/17 .5)-}J,
5e)
Resource Conservation and Recovery Act (RCRA), Subtitle C, hazardous
waste ' '
A
. . .
:
Section 22.4(a) of the
Protection Act (f415 ILCS 5/22 .4(a)-}J,
6#)
RCRA ResourceConservationand Recovery Illinois Enviro
Protection Act, Subtitle I, underground storage tank (UST): Section
22.4(d) of the Illinois Environmental Protection Act
f
f,115 ILCS 22 .4(d)-l),
lg)
RCRA
.
. . '
•
- Subtitle D municipal
solid waste landfills (RCRA Subtitle D)
:
Section 22.40(a) of the Illinois
Environmental Protection Act ff415 ILCS 5/22.40(a)4i .
I
b)
Section 7.2(b) of the Act (415 ILCS 5/7.2(b)) provides timetables for rule
adoption, but generally the Board must adopt rules within one year after the
United States Environmental Protection Agency's (USEPA) adoption of the
corresponding federal rule . The Board adopts a proposal for public comment that
ispublished in the Illinois Register . The Board then accepts public comments for
45 days, after which the Board adopts final rules that are published in the Illinois
Register .
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED AMENDMENTS
c)
Because Sections 5-35 and 5-40 of the IAPA (5 ILCS 100/5-35 and 5-40) do not
apply to identical-in-substance rulemaking under Section 7.2 of the Act (415
ILCS 5/7 .2), the Board does not follow the IAPA's procedure of first notice,
second notice, and final adoption
.
(Source: Amended at 30 111 . Reg . , effective )
Section 2175 .540
Federally Required Rules
Under Section 28.2 of the Act (415 ILCS 5/28 .2), the Board may adopt a "required rule."A
"required rule" means a rule that is needed to meet the requirements
of
the federal Clean Water
Act, SDWA, Clean Air Act (including required submission
of
a State Implementation Plan), or
RCRA, other than a rule required to be adopted as an identical-in-substance rule (see Section
2175.535 of this Part) [415 ILCS 5/28 .2(a)]
.
(Source: Added at 30 Ill . Reg . , effective )
Section 2175 .545
Generally Applicable Rules and Site-Specific Rules
Under Sections 27 and 28 of the Act (415 ILCS 5/27 and 28), the Board may adopt substantive
environmental rules of generally applicability and of site-specific applicability . Under Section
26 of the Act (415 ILCS 5/26), the Board may adopt such procedural rules as may be necessary
to accomplish the purposes of the Act
.
(Source: Added at 30 Ill. Reg . , effective )
Section 2175.550
Clean Air Act Fast-Track Rulemaking
Under Section 28.5 of the Act (415 ILCS 5/28.5), the Board mayadopt rules proposed by the
Agency that are required to be adopted by the State under the Clean Air Act as amended by the
Clean Air Act Amendments
of
1990 (CAAA). A "fast-track" rulemaking proceeding is a
proceeding to promulgate a rule that the CAAA requires to be adopted For purposes
of
this
type ofrulemaking, "requires to be adopted" refers only to those regulations or parts
of
regulations for which USEPA is empowered to impose sanctions against the State for failure to
adopt such rules[415 ILCS 5/28.5(a) and(c)1
.
(Source: Added at 30 Ill. Reg . , effective )
Section 2175.555
Updating Incorporations By Reference
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED AMENDMENTS
Under Section 28.6 of the Act (415 ILCS 5/28 .6), the Board may update an incorporation by
reference included in a Board rule without conducting hearings if no objection is filed or hearing
is requested during the first-notice period pursuant to Section 5-40 of the IAPA (5 ILCS 100/5-
40),
Such rulemaking is limited to replacing a reference in a Board rule to an older or obsolete
version of an incorporated document with a reference to the current version of that document or
its successor document
.
(Source: Added at 30 Ill. Reg . , effective )
SUBPART F: ADJUDICATORY PROCEEDINGS
Section 2175 .600
Adjudicatory Proceedings
a)
The Board is authorized to hear the following types of adjudicatory cases: (See
35 III. Adm. Code 101-4-20 130 for procedural rules governing the processing of
these cases .)
1)
Enforcement Action. The Illinois Attorney General
, any State's Attorney,
or any person may initiate an enforcement action by the filing of a
complaint pursuant to Section 31 of the Illinois Environmental Protection
Act {(415 ILCS 5/31}_).
(See 35111. Adm. Code 103 .)
2)
Permit Appeal . Any person who, pursuant to Section 39 of the Act (415
ILCS 5/39), has been denied a permit by the Agency, or whe-has-been
issued a permit by the Illinois Env ironmentalProtection Agency pursuant
to Section 39 of the Illinois Env ironmental Protection Act j(1 15 ILCS
54M with one or more conditions to which that person objects, may file a
petition with the Board for a review of the Agency's action . If the Agency
grants a RCRA permit for a hazardous waste disposal site or grants or
denies a National Pollutant Discharge Elimination System (NPDES)
permit, certain third parties may petition the Board for a hearing to contest
the decision of the Agency (415 ILCS 5/40(b), (e)(1))
.
(See 35 111. Adm .
Code 105 .)
3)
Pollution Control Facility Siting Review . An applicant for local siting
approval of a pollution control facility who has been denied such approval
or granted conditional approval by a county board or the governing body
of a municipality
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED AMENDMENTS
conducted by acounty board or the governing body ofamunicipality may
contest that decision by filing a petition for hearing pursuant to Section
40.1 (a) of the Illinois Environmental Protection Act ff415 ILCS
5/40.1(a)}) .
A third party who participated in the public hearing
conducted by a county board or the governing body of a municipality may
contest a grant of local siting approval by filing a petition for hearing
pursuant to Section 40 .1(b) of the Act (415 ILCS 5/40 .1(b))
.
(See 35 III .
Adm. Code 107 .)
4)
Variances/Adjusted Standards. Any person adversely affected by a Board
rule or order may file a petition for a variance or adjusted standard
pursuant to Section 37 of the Illinois Env ironmental Protection Act ({415
ILCS 5/37}l or a petition for an adjusted standard pursuant to Section 28
.1
of the Act (415 ILCS 5/28 .1) .
(See 35 111. Adm. Code 104 .)
5)
Trade Secret Determination . Any person who is adversely affected by a
trade secret determination made by the
Agency or the Illinois Department of Natural Resources may contest that
determination before to the Board .
(See 35 111. Adm. Code 130.)
6)
Appeal of
Office
of the State Fire Marshal (OSFM) UST Fund Denial of
Eligibility or Deductibility Determination to7
Program. Owners or
operators of USTs underground :toragc tanks who have been denied
eligibility by the OSFM to access theUST
reimbursement fund , or who disagree with an OSFM determination of the
applicable deductible for UST Fund reimbursement, by the Office of State
Fire Marshal may petition for review pursuant to Section 57 .9(c) of the
Illinois Env ironmenta l Protect ion Act [415 ILCS 5/57.9(c)] .
(See 35 III
.
Adm. Code 105 .)
7)
Appeal of Agency Decisions Regarding UST Program. Owners or
operators ofUSTs
who have been denied
requested UST Fund reimbursement or UST cleanup approvals by the
Agency may petition for review pursuant to Section 40 of the
Illinois
Environmental Protection Act ff415 ILCS 5/40jj
.
(See 35 111. Adm. Code
105 .)
8)
Tax
Certifications
. Under the Property Tax
Code, the Board may issue a certificate finding that a facility is a
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED AMENDMENTS
"pollution control facility" or that a device is a "low sulfur dioxide
emission coal fueled device" for property tax purposes (35 ILCS 200/11-
10, 11-40)
.
A person seeking a tax certificate must first submit an
application to the Agency. The Agency is then required to file with the
Board a recommendation on whether the Board should issue the
certificate . An applicant who wishes to contest an Agency
recommendation that the Board deny tax certification may file a petition
with the Board. (See 35 Ill . Adm. Code 125.) Application for apollution
entitled
11 25 and 11 30 of that Code [35 ILCS 200/11 25 and 11 30]
.
9)
Administrative Citations. The Agency or a unit of local government
delegated authority by the Agency; may issue administrative citations for
violations of the Illinois Environmental Protection Act, Sections 21(o) and
(p) of the Act (415 ILCS 5/21(o) and(p)).,and tThese citations are shall
be enforceable by filing copies with the Board pursuant to Section 31 .1 of
the
Act (f415 ILCS 5/31 .1}_). The
respondent named in the administrative citation may file a petition for
review with the Board
.
(See 35 111. Adm. Code 108 .)
10)
Water Well Setback Exceptions . A water well owner may petition the
Board for an exception from the water well setback requirements of the
Act by filing a petition with the Board
and the Agency pursuant to Section 14.2 of the Illinois Env ironmental
Protect ion Act ff415 ILCS 5/14 .2.~-1 . (See 35 111, Adm. Code 106 .)
11)
Other. Any other proceedings which are authorized by the Illinois
Environmental Protection Act or the Board's procedural rules may be
brought before the Board pursuant to statutory authority and any Board
regulations adopted thereunder
.
(Source: Amended at 30 Ill . Reg . , effective )
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED AMENDMENTS
Section 2175.APPENDIX A Organizational Chart
ORGANIZATIONAL CHART
S--,
Environmental
Scientist
Environmental
Scientist
Senior
Attorney
0101
Attorney
Staff
orney
MEMBER
Attorney
Assistant
prime
5 to
Remaking
Coordinator
MEMBER
Attorney
Assist nt
Punk
Secretary
Hearinc
QVICE
Private Secretary
Hear,
officer
CHAIRMAN
EnecuinrA
Coordinate
Assailant Said,
A
rn
Assistant
Administrative
Clerk oftheBoard
MEMBER
Attorney
Amiss,
coilntan/
MEMBER
Attnrnev
Arabia
Private Secretary
Human Resource
Manaoer
F'
I0fficer
Pup
nforman
tsa
e
nts
Coordination
Executive Secretary
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED AMENDMENTS
P real
Assistant
Inmr
System;
Analvsl
Informaton
S srm
Anal
Information
Systems
Analyst
Attorney Assistants
1
i--Logiclativo/Covornment
Liaison
I I aringa Unit
J
Clerk's Office
J
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED AMENDMENTS
State of Illinois
J
f
Covornor
i
v
Pollution Contro l Board
- Cbsi man
Board Members
Fiscal Unit
1
Exocutive
Coordinator
L
Legal Unit
J
Technical Unit
Personnel
Management
Privoto Socrotaries
I
Attorney Ass istants
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED AMENDMENTS
Leg i s lat ive/Government Liaison
Lega l Unit
Administrative Unit
Technical Unit
ILLINOIS REGISTER
Pollution Control Boa d
Chairman
Board Members
Clerk's Office
Hearings Unit
(Source: Amended at 30 Ill . Reg . , effective )
I
Pr ivate Secre ar ics
