TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE C: WATER POLLUTION
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 351
PROCEDURES AND REQUIREMENTS FOR CONFLICT RESOLUTION
IN REVISING WATER QUALITY MANAGEMENT PLANS
SUBPART A: INTRODUCTION
Section
351.101 Preamble
351.102 Purpose
351.103 Applicability
351.104 Definitions
SUBPART B: PROCEDURES FOR PROPOSING REVISIONS TO
WATER QUALITY MANAGEMENT PLANS
Section
351.201 Initiation of a Revision
351.202 Requirements of a Petition
351.203 Service and Parties
351.204 Public Comments
SUBPART C: PUBLIC HEARINGS
Section
351.301 Request for Hearing
351.302 Scheduling of Public Hearing
351.303 Notice of Public Hearing
351.304 Hearing Officer
351.305 Hearing Procedures
351.306 Transcript
SUBPART D: DECISION OF THE AGENCY
Section
351.401 Record
351.402 Decision of the Agency
351.403 Review of Decision of the Agency
SUBPART E: APPLICABILITY OF THESE RULES TO SPECIAL CASES
Section
351.501 Permit Issuance
351.502 Exceptions to Boundaries for Facility Planning Areas
AUTHORITY: Authorized by Sections 4(m), 4(n) and 39 of the Environmental
Protection Act (Ill. Rev. Stat. 1979, ch. 111 1/2, pars. 1004(m), 1004(n)
and 1039) and implementing Section 303(e) of the Clean Water Act (33 U.S.C.
1313 (3)).
SOURCE: Adopted and Codified at 6 Ill. Reg. 2597, effective March 1, 1982.
SUBPART A: INTRODUCTION
<BSection 351.101 Preamble>>
Section 4(m) of the Illinois Environmental Protection Act (Ill. Rev. Stat.
1979, Ch. 111 1/2, Par. 1001 et seq.) (Act) designates the Illinois
Environmental Protection Agency (Agency) as pollution control agency for
the State of Illinois for all purposes of the federal Clean Water Act (33
U.SC. 1251 et seq.). In addition, the Act specifically authorizes the
Agency, for purposes of Section 303(e) of the Clean Water Act, <Ito engage in
planning processes and activities, to develop plans in cooperation with
units of local government, other state agencies and persons, and to
promulgate procedural regulations for the holding of public hearings on the
planning process.>> (Ill. Rev. Stat. 1979, Ch. 111 1/2, Par. 1004(n)).
Section 303(e) requires Illinois to have a continuing planning process,
approved by the United States Environmental Protection Agency (USEPA),
resulting in Water Quality Management (WQM) Plans for all navigable waters
in the state. These Plans must incorporate the elements of any areawide
water quality management plan adopted under Section 208 of the Clean Water
Act and must provide procedures for revision of the WQM Plans. Revisions
to WQM Plans pursuant to these rules and to the Agency's continuing
planning process are incorporated into the annual program plan submitted to
USEPA and approved pursuant to Section 106 of the Clean Water Act.
<BSection 351.102 Purpose>>
These rules prescribe procedures and requirements for resolving conflicts
concerning point source discharges in the context of revising Illinois
Water Quality Management Plans.
<BSection 351.103 Applicability>>
a) These rules shall apply to the following revisions of WQM Plans:
1) Amendments to population projections for the twenty-year
planning period set forth in approved facilities plans that
are greater than 10% for communities under 10,00 population
or 5% for communities over 10,000 population;
2) Amendments identifying new designated management agencies;
3) Amendments terminating the status of designated management
agencies for failure to implement the requirements of a WQM
Plan;
4) Amendments to Facility Planning Area boundaries;
5) Amendments to include sewage treatment works not identified
in a WQM Plan where a facility planning agency, designated
management agency, or an areawide planning agency objects to
the inclusion of the sewage treatment works within its
boundaries. If there is no objection the WQM Plan shall be
amended by issuance of the National Pollutant Discharge
Elimination System (NPDES) permit for the treatment works;
6) Other amendments where a significant degree of public
interest exists to warrant the use of the conflict resolution
procedures set forth in these rules. The provisions of
Section 351.302 shall be considered in determining whether a
significant degree of public interest exists.
b) Unless the Director of the Agency determines otherwise, these
rules shall not apply to the following revisions of WQM Plans:
1) Amendments to the state Continuing Planning Process (CPP)
document;
2) Revisions contained in the annual program plan developed
pursuant to Section 106 of the Clean Water Act or to the
State/USEPA agreement;
3) Revisions which update information or which bring WQM Plans
into conformity with applicable laws and regulations.
<BSection 351.104 Definitions>>
a) Unless specified otherwise, all terms shall have the meanings set
forth in the Environmental Protection Act and the Clean Water Act
and regulations adopted under those Acts.
b) For purpose of these rules, the following definitions apply:
1) "Areawide planning agency" means an areawide planning agency
identified in accordance with Section 208 of the Clean Water
Act.
2) "Designated management agency" means a designated management
agency identified in accordance with Section 208 of the Clean
Water Act.
3) "Facility planning agency" means a facility planning agency
identified in accordance with Section 201 of the Clean Water
Act.
SUBPART B: PROCEDURES FOR PROPOSING REVISIONS TO
WATER QUALITY MANAGEMENT PLANS
<BSection 351.201 Initiation of a Revision>>
a) A proposal to revise a WQM Plan shall be initiated by the filing
of a petition by the Agency or by a facility planning agency,
designated management agency, or areawide planning agency for the
area that is the subject of the proceeding. The petition shall be
filed with the Agency.
b) Since an areawide planning agency may have procedures to be
followed prior to its making any recommendation on a proposed
revision, Petitioners are encouraged to follow such procedures
prior to or concurrently with the procedures contained in these
rules.
<BSection 351.202 Requirements of a Petition>>
a) A petition filed under these rules shall include, as applicable:
1) A clear, complete and concise statement of the revision(s)
sought;
2) If the petition is for a planning boundary change, it shall
include:
A) A map of the existing and proposed boundaries;
B) A description of the existing uses and proposed future
uses of:
i) The geographic area which is the subject of the
proposed revision, and
ii) The areas adjacent to the geographic area in (i).
3) An assessment, with supporting factual information, of the
environmental impacts which may result from the proposed
revision, including existing and proposed wasteloads and
facilities to collect, transport and treat such wasteloads;
4) An assessment of the present worth analysis of alternatives
to the proposed revision, including on-site and off-site
treatment where applicable;
5) If available, written evidence of concurrence or objection by
other agencies or by other persons who may be affected by the
proposed revision;
6) Other information requested by the Agency.
b) The Agency will consider a petition complete when all relevant
information set forth in this section has been provided.
<BSection 351.203 Service and Parties>>
a) The Petitioner shall serve a copy of its petition, either
personally or by registered or certified mail, upon each
governmental agency or other person who may be adversely affected
by the revision to the WQM Plan. At a minimum, service shall be
made on:
1) Any facility planning agency which may be affected by the
revision;
2) Any designated management agency responsible for point source
discharge control which may be affected by the revision;
3) Any areawide planning agency which may be affected by the
revision; and
4) Additional persons whom the Agency identifies within 10 days
of receipt of the petition.
b) Any person who may be adversely affected by the proposed revision
may file with the Agency a written request to be made a party.
Such request shall be made within 30 days of receipt of the
petition by the Agency. The Agency may extend this period when
necessary for a complete presentation of the facts and anticipated
effects of the proposed change.
c) The Agency shall notify the Petitioner of persons who have been
named parties. All such parties shall be deemed respondents.
d) All pleadings and submittals subsequent to the Petition shall be
served on all parties personally or by first class mail. One copy
shall be filed with the Agency with proof of service.
e) Service by first class mail shall be presumed complete four days
after mailing.
<BSection 351.204 Public Comments>>
Any person may submit written comments on a petition filed under these
rules. In making the decision on the proposed revision(s), the Agency will
consider all comments received within 30 days after the filing of the
petition.
SUBPART C: PUBLIC HEARINGS
<BSection 351.301 Request for Hearing>>
a) Any person may request a public hearing on the proposed revision
within 30 days of the filing of the petition. The Agency may
extend this period when necessary for a complete presentation of
the facts and anticipated effects of the proposed change.
b) The request shall include a statement of the person's interest in
the proceedings and of the purposes to be served by the hearing.
c) If the Petitioner does not request a hearing in the petition, it
shall be deemed a request to rule upon the petition without a
hearing.
<BSection 351.302 Scheduling of Public Hearing>>
a) The Agency shall schedule a public hearing when it determines that
there exists a significant degree of public interest in the
proposed revision.
b) In making this determination, the Agency shall consider:
1) The public interest as indicated by written comments and
requests for hearings on the proposed revision;
2) The nature of the proposed revision and its significance to
the WQM plan;
3) The likelihood that a public hearing will elicit relevant
information which is not otherwise part of the record before
the Agency.
c) The Agency may jointly sponsor a public hearing with another
agency.
<BSection 351.303 Notice of Public Hearing>>
a) The Agency shall serve notice of the public hearing, personally or
by certified or registered mail, on all parties at least 45 days
prior to the date of the hearing.
b) The notice shall include:
1) Information regarding the time, location and purpose of the
hearing;
2) A statement of the legal authority and jurisdiction under
which the hearing is held;
3) A concise statement of the issues to be discussed at the
hearing;
4) A statement that the hearing will be conducted in accordance
with these rules.
c) The Agency may provide additional notices of the hearing when the
circumstances and nature of the proposed revision warrant such
notice.
<BSection 351.304 Hearing Officer>>
a) The Agency shall appoint a Hearing Officer who shall be named in
any notices of the hearing.
b) The Hearing Officer shall have the duty to conduct a fair hearing,
to take all necessary action to avoid delay, to maintain order,
and to ensure development of a clear and complete record.
<BSection 351.305 Hearing Procedures>>
a) All witnesses shall be sworn.
b) A party may cross-examine any witness to promote a full and fair
disclosure of the facts, subject to the evidentiary requirements
of these rules. The Hearing Officer may also question witnesses
within the same limits.
c) The admission of evidence shall be guided by the following
provisions:
1) <IThe rules of evidence and privilege, as applied in civil
cases in the circuit courts of Illinois, shall be followed.
However, evidence not admissible under such rules may be
admitted, except where precluded by statute, if the evidence
is of the type commonly relied upon by reasonable persons in
the conduct of their affairs.>>
2) Irrelevant, immaterial and unduly repetitious evidence shall
be excluded.
3) Any part of the evidence may be received in written form when
the hearing will be expedited and the interests of the
parties will not be prejudiced.
4) Objections to evidentiary offers may be made and shall be
noted in the record.
d) <IOfficial notice may be taken of:>>
1) <IMatters of which the circuit courts of Illinois may take
judicial notice:>>
2) <IGenerally recognized technical or scientific facts within the
Agency's specialized knowledge.>>
<BSection 351.306 Transcript>>
a) Within 15 days following completion of the public hearing, the
Petitioner shall furnish a transcript of the hearing to the
Agency.
b) The transcript shall be available for examination and copying by
any person, subject to the Agency's rules for public access to
agency information.
SUBPART D: DECISION OF THE AGENCY
<BSection 351.401 Record>>
The record shall include:
a) All pleadings, (including all notices and responses thereto),
motions and rulings;
b) Evidence received;
c) Matters of which official notice was taken;
d) The hearing transcript including offers of proof, objections and
rulings thereon;
e) Any report, opinion or decision by the Hearing Officer;
f) Memoranda or data submitted by Agency staff in their consideration
of the proposed revision;
g) Written comments received under Section 351.204 of these rules;
h) Recommendation of the designated areawide WQM planning agency and
the record supporting its recommendation.
<BSection 351.402 Decision of the Agency>>
a) After due consideration of the record, the Agency shall make a
final decision on the proposed revision to the WQM Plan.
1) In making its decision, the Agency shall consider all facts
and circumstances bearing upon the reasonableness of the
request including, but not limited to, the environmental
effects and the cost-effectiveness of achieving water quality
goals.
2) <IThe Agency's experience, technical competence and specialized
knowledge may be utilized in the evaluation of the evidence.>>
b) The decision may grant or deny the proposed revision, in whole or
in part, and may condition the revision upon the performance or
completion of activities specified in the decision.
c) The final decision shall be in writing. Copies of the decision
shall be served on all parties personally or by registered or
certified mail.
<BSection 351.403 Review of Decision of the Agency>>
Any party may request that the Regional Administrator, United States
Environmental Protection Agency, Region V, review the decision of the
Agency pursuant to 40 CFR 35.1517(c).
SUBPART F: APPLICABILITY OF THESE RULES TO SPECIAL CASES
<BSection 351.501 Permit Issuance>>
a) When the Agency determines that issuance of a permit may be
inconsistent with an approved WQM Plan, the Agency may request
that the areawide WQM Planning Agency, if any, review the
application and identify any provisions of the WQM Plan with which
the facility may be inconsistent.
b) If, after receipt of the areawide agency's evaluation, the Agency
determines that an inconsistency exists, the Agency shall deny the
permit and shall notify the applicant of its decision.
<BSection 351.502 Exceptions to Boundaries for Facility Planning Areas>>
For purposes of issuing permits, other than NPDES permits, the Agency may
recognize exceptions to boundaries of facility planning areas without
revising the approved WQM Plan in the following circumstances.
a) When the General Assembly, by legislation, authorizes the
extension of sewer service to an area outside the facility
planning area established by the Agency pursuant to federal
regulations; or
b) When all of the following conditions are present:
1) The exception will not significantly impact wastewater
planning in any facility planning area;
2) A revision would otherwise be necessary because a proposed
sewer would cross a facility planning boundary; and
3) The designated facility planning agency, within whose
facility planning area the area to be serviced by the sewer
lies, has authorized such sewer extension by permit,
agreement or other written document.