ILLINOIS POLLUTION CONTROL BOARD
November 17, 2005
IN THE MATTER OF:
AMENDMENTS TO THE PROCEDURAL
RULES – “POLLUTION CONTROL
FACILTY” DEFINITION UNDER
P.A. 93-0998, P.A. 94-0094, AND
P.A. 94-0249 (35 ILL. ADM. CODE 101.202)
)
)
)
)
)
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)
R06-9
(Procedural Rulemaking)
Adopted Rule. Final Notice.
OPINION AND ORDER OF THE BOARD (by J.P. Novak):
Today, the Board adopts final amendments to its procedural rules to reflect three recent
legislative amendments to the definition of “pollution control facility” in the Environmental
Protection Act (Act) (415 ILCS 5/1
et seq
. (2004)). The amended definitions appear in the
Board’s rules at 35 Ill. Adm. Code 101.202.
On August 4, 2005, the Board adopted its own first notice proposal under the Illinois
Administrative Procedure Act (APA) (5 ILCS 100/1-1
et seq
. (2004)). On October 20, 2005, the
Board sent this matter to second notice under the APA. The Board directs the Clerk to file the
adopted rules with the Secretary of State for publication as an adopted rule in the
Illinois
Register
.
BACKGROUND
The Board opened this docket and proposed rules for first-notice publication with an
opinion and order dated August 4, 2005. In that opinion and order, the Board stated that,
because the rulemaking proposal amends only a definition in procedural rules, it did not then
intend to hold a hearing.
See
415 ILCS 5/26 (2004). That proposal was published in the
Illinois
Register
on August 26, 2005. 35 Ill. Reg. 13174. Although the 45-day comment period
continued to October 10, 2005, the Board did not receive a public comment or request for
hearing. In an order dated October 20, 2005, the Board adopted this proposal for second notice.
The Joint Committee on Administrative Rules (JCAR) suggested no substantive changes in the
proposed rule and issued a certificate of no objection on November 15, 2005.
SUMMARY OF PROPOSAL FOR FINAL NOTICE
This rulemaking adopts changes necessary to make the definition of “pollution control
facility” in the Board’s procedural rules consistent with recent revisions to the Act. These
statutory amendments have occurred since or were not included in the Board’s last procedural
rule update docket.
See
Amendments to the Board’s Procedural Rules to Accommodate New
Statutory Provisions: 35 Ill. Adm. Code 101-130, R04-24 (May 19, 2005).
2
Public Act 93-0998
Public Act 93-0998 (P.A. 93-0998, eff. Aug. 23, 2004) amended the Act’s definition of
“pollution control facility.” Specifically, P.A. 93-0998 added a fourteenth exception to that
definition:
the portion of a site or facility, located within a unit of local government that has
enacted local zoning requirements, used to accept, separate, and process
uncontaminated broken concrete, with or without protruding metal bars, provided
that the uncontaminated broken concrete and metal bars are not speculatively
accumulated, are at the site or facility no longer than one year after their
acceptance, and are returned to the economic mainstream in the form of raw
materials or products.
P.A. 93-0998 (eff. Aug. 23, 2004). The Board amends the definition of “pollution control
facility” in Section 101.202 to follow the statutory language by adopting this added exception.
Public Act 94-0094
Public Act 94-0094 (P.A. 94-0094, eff. July 1, 2005) also amended the Act’s definition of
“pollution control facility.” Specifically, P.A. 94-0094 amended the existing exemption from
that definition for “the portion of a site or facility accepting exclusively general construction or
demolition debris, located in a county with a population over 700,000, and operated and located
in accordance with Section 22.38 of this Act.” 415 ILCS 5/3.330(a)(13) (2004); see also 35 Ill.
Adm. Code 101.202 (following statutory language). P.A. 94-0094 limits that exemption to
counties that had reached the population threshold of 700,000 “as of January 1, 2000.” P.A. 94-
0094, eff. July 1, 2005. The Board amends the definition of “pollution control facility” in
Section 101.202 to follow the statutory language amending the existing exception.
Public Act 94-0249
Public Act 94-0249 (P.A. 94-0249, eff. July 19, 2005) also amended the Act’s definition
of “pollution control facility.” Specifically, P.A. 94-0249 added a fifteenth exception to that
definition:
the portion of a site or facility located in a county with a population over
3,000,000 that has obtained local siting approval under Section 39.2 of this Act
for a municipal waste incinerator on or before July 1, 2005 and that is used for a
non-hazardous waste transfer station.
P.A. 94-0249 (eff. July 19, 2005). The Board amends the definition of “pollution control
facility” in Section 101.202 to follow the statutory language by adopting this added exception.
ORDER
3
The Board directs the Clerk to cause the submission of the following final rule to the
Secretary of State for filing and publication as an adopted rule in the
Illinois Register
.
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SUBPART A: GENERAL PROVISIONS
Section
101.100 Applicability
101.102 Severability
101.104 Repeals
101.106 Board Authority
101.108 Board Proceedings
101.110 Public Participation
101.112 Bias and Conflict of Interest
101.114 Ex Parte Communications
SUBPART B: DEFINITIONS
Section
101.200 Definitions Contained in the Act
101.202 Definitions for Board’s Procedural Rules
SUBPART C: COMPUTATION OF TIME, FILING, SERVICE OF DOCUMENTS, AND
STATUTORY DECISION DEADLINES
Section
101.300 Computation of Time
101.302 Filing of Documents
101.304 Service of Documents
101.306 Incorporation of Documents by Reference
101.308 Statutory Decision Deadlines and Waiver of Deadlines
SUBPART D: PARTIES, JOINDER, AND CONSOLIDATION
Section
101.400 Appearances, Withdrawals, and Substitutions of Attorneys in Adjudicatory
Proceedings
101.402 Intervention of Parties
101.403 Joinder of Parties
101.404 Agency as a Party in Interest
4
101.406 Consolidation of Claims
101.408 Severance of Claims
SUBPART E: MOTIONS
Section
101.500 Filing of Motions and Responses
101.502 Motions Directed to the Hearing Officer
101.504 Contents of Motions and Responses
101.506 Motions Attacking the Sufficiency of the Petition, Complaint, or Other Pleading
101.508 Motions to Board Preliminary to Hearing
101.510 Motions to Cancel Hearing
101.512 Motions for Expedited Review
101.514 Motions to Stay Proceedings
101.516 Motions for Summary Judgment
101.518 Motions for Interlocutory Appeal from Hearing Officer Orders
101.520 Motions for Reconsideration
101.522 Motions for Extension of Time
SUBPART F: HEARINGS, EVIDENCE, AND DISCOVERY
Section
101.600 Hearings
101.602 Notice of Board Hearings
101.604 Formal Board Transcript
101.606 Informal Recordings of the Proceedings
101.608 Default
101.610 Duties and Authority of the Hearing Officer
101.612 Schedule to Complete the Record
101.614 Production of Information
101.616 Discovery
101.618 Admissions
101.620 Interrogatories
101.622 Subpoenas and Depositions
101.624 Examination of Adverse, Hostile or Unwilling Witnesses
101.626 Information Produced at Hearing
101.628 Statements from Participants
101.630 Official Notice
101.632 Viewing of Premises
SUBPART G: ORAL ARGUMENT
Section
101.700 Oral Argument
SUBPART H: SANCTIONS
5
Section
101.800 Sanctions for Failure to Comply with Procedural Rules, Board Orders, or Hearing
Officer Orders
101.802 Abuse of Discovery Procedures
SUBPART I: REVIEW OF FINAL BOARD OPINIONS AND ORDERS
Section
101.902 Motions for Reconsideration
101.904 Relief from and Review of Final Opinions and Orders
101.906 Judicial Review of Board Orders
101.908 Interlocutory Appeal
101.APPENDIX A Captions
ILLUSTRATION A Enforcement Case
ILLUSTRATION B Citizen’s Enforcement Case
ILLUSTRATION C Variance
ILLUSTRATION D Adjusted Standard Petition
ILLUSTRATION E Joint Petition for an Adjusted Standard
ILLUSTRATION F Permit Appeal
ILLUSTRATION G Underground Storage Tank Appeal
ILLUSTRATION H Pollution Control Facility Siting Appeal
ILLUSTRATION I Administrative Citation
ILLUSTRATION J General Rulemaking
ILLUSTRATION K Site-specific Rulemaking
101.APPENDIX B Appearance Form
101.APPENDIX C Withdrawal of Appearance Form
101.APPENDIX D Notice of Filing
101.APPENDIX E Certificate of Service
101.ILLUSTRATION A Service by Non-Attorney
101.ILLUSTRATION B Service by Attorney
101.APPENDIX F Notice of Withdrawal (Repealed)
101.APPENDIX G Comparison of Former and Current Rules (Repealed)
AUTHORITY: Implementing Sections 5, 7.1, 7.2, 26, 27, 28, 29, 31, 32, 33, 35, 36, 37, 38, 40,
40.1, 40.2, 41, and 58.7 of the Environmental Protection Act (Act) [415 ILCS 5/5, 7.1, 7.2, 26,
27, 28, 29, 31, 32, 33, 35, 36, 37, 38, 40, 40.1, 40.2, 41, and 58.7] and authorized by Sections 26
and 27 of the Act [415 ILCS 5/26 and 27].
SOURCE: Filed with Secretary of State January 1, 1978; codified 6 Ill. Reg. 8357; Part
repealed, new Part adopted in R88-5A at 13 Ill. Reg. 12055, effective July 10, 1989; amended in
R90-24 at 15 Ill. Reg. 18677, effective December 12, 1991; amended in R92-7 at 16 Ill. Reg.
18078, effective November 17, 1992; old Part repealed, new Part adopted in R00-20 at 25 Ill.
Reg.446, effective January 1, 2001; amended in R04-24 at 29 Ill. Reg. 8743, effective June 8,
2005; amended in R06-9 at 29 Ill. Reg. ___________, effective ______________.
6
SUBPART B: DEFINITIONS
Section 101.202 Definitions for Board’s Procedural Rules
Unless otherwise provided in 35 Ill. Adm. Code 101-130, or unless a different meaning of a
word or term is clear from the context, the following definitions also apply to the Board’s
procedural rules, found in 35 Ill. Adm. Code 101 through 130:
“Act” means the Environmental Protection Act. [415 ILCS 5/1
et seq.
].
“Adjudicatory proceeding” means an action of a quasi-judicial nature brought before the
Board pursuant to authority granted to the Board under Section 5(d) of the Act or as
otherwise provided by law. Adjudicatory proceedings include enforcement, variance,
permit appeal, pollution control facility siting appeal, Underground Storage Tank (UST)
Fund determination, water well set back exception, adjusted standard, and administrative
citation proceedings. Adjudicatory proceedings do not include regulatory, quasi-
legislative, or informational proceedings.
“Adjusted standard” or “AS” means an alternative standard granted by the Board in an
adjudicatory proceeding pursuant to Section 28.1 of the Act and 35 Ill. Adm. Code
104.Subpart D. The adjusted standard applies instead of the rule or regulation of general
applicability.
“Administrative citation” or “AC” means a citation issued pursuant to Section 31.1 of the
Act by the Agency, or by a unit of local government acting as the Agency's delegate
pursuant to Section 4(r) of the Act.
“Administrative citation review (appeal)” means a petition for review of an
administrative citation filed pursuant to Section 31.1(d) of the Act. (See 35 Ill. Adm.
Code 108.)
“Affidavit” means a sworn, signed statement witnessed by a notary public.
“Affidavit of service” means an affidavit that states that service of a document upon
specified persons was made, and the manner in which, and date upon which, service was
made.
“Agency” means the Illinois Environmental Protection Agency as established by Section
4 of the Act.
“Agency recommendation” means the document filed by the Agency pursuant to Sections
37(a) and 28.1(d)(3) of the Act in which the Agency provides its recommended
disposition of a petition for variance or an adjusted standard. This includes a
recommendation to deny, or a recommendation to grant with or without conditions. (See
35 Ill. Adm. Code 104.218 and 104.416.)
7
“Amicus curiae brief” means a brief filed in a proceeding by any interested person who is
not a party. (See Sections 101.110 and 101.628 of this Part.)
“Applicant” means any person who submits, or has submitted, an application for a permit
or for local siting approval pursuant to any of the authorities to issue permits or granting
of siting approval identified in Sections 39, 39.1, and 39.5 of the Act.
“Article” means
any object, material, device or substance, or whole or partial copy
thereof, including any writing, record, document, recording, drawing, sample, specimen,
prototype, model, photograph, culture, microorganism, blueprint or map
[415 ILCS 5/7.1].
“Attorney General” means the Attorney General of the State of Illinois
or representatives thereof.
“Authorized representative” means any person who is authorized to act on behalf of
another person.
“Board” means the Illinois Pollution Control Board as created in Section 5 of the Act or,
if applicable, its designee.
“Board decision” means an opinion or an order voted in favor of by at least three
members of the Board at an open Board meeting except in a proceeding to remove a seal
under Section 34(d) of the Act.
“Board designee” means an employee of the Board who has been given authority by the
Board to carry out a function for the Board (e.g., the Clerk, Assistant Clerk of the Board,
or hearing officer).
“Board meeting” means an open meeting held by the Board pursuant to Section 5(a) of
the Act in which the Board makes its decisions and determinations.
“Board’s procedural rules” means the Board’s regulations set forth at 35 Ill. Adm. Code
101 through 130.
“Brief” means a written statement that contains a summary of the facts of a proceeding,
the pertinent laws, and an argument of how the law applies to the facts supporting a
position.
“CAAPP” means the Clean Air Act Permit Program, as adopted in Section 39.5 of the
Act.
“Certificate of acceptance” means a certification, executed by a successful petitioner in a
variance proceeding, in which the petitioner agrees to be bound by all terms and
conditions that the Board has affixed to the grant of variance.
8
“Chairman” means the Chairman of the Board designated by the Governor pursuant to
Section 5(a) of the Act.
“Citizen’s enforcement proceeding” means an enforcement action brought before the
Board pursuant to Section 31(d) of the Act by any person who is not authorized to bring
the action on behalf of the People of the State of Illinois.
“Clean Air Act” or “CAA”
means the
federal
Clean Air Act, as now and hereafter
amended, 42 USC 7401 et seq.
[415 ILCS 5/ 39.5]
“Clean Water Act” means the federal Clean Water Act, 33 USC 1251 et seq.
“Clerk” means the Clerk of the Board.
“Complaint” means the initial filing that begins an enforcement proceeding pursuant to
Section 31 of the Act and 35 Ill. Adm. Code 103.
“Compliance plan” means a detailed description of a program designed to achieve
compliance with the Act and Board regulations.
“Copy” means
any facsimile, replica, photograph or other reproduction of an article,
and any note, drawing or sketch made of or from an article
[415 ILCS 5/7.1].
“Counter-complaint” means a pleading that a respondent files setting forth a claim
against a complainant. (See 35 Ill. Adm. Code 103.206.)
“Cross-complaint” means a pleading that a party files setting forth a claim against a co-
party. (See 35 Ill. Adm. Code 103.206.)
“Cross-media impacts” means impacts that concern multiple environmental areas, such as
air, land and/or water.
“Decision date” means the Board meeting immediately preceding the decision deadline.
“Decision deadline” means the last day of any decision period, as established by law,
within which the Board is required to render a decision in an adjudicatory proceeding.
(See Subpart C of this Part.) (See also Sections 38(a), 40, and 40.1 of the Act that
establish 120-day decision deadlines for variances, permit appeals, and review of
pollution control facility siting decisions respectively.)
“Decision period” means the period of time established by the Act within which the
Board is required to make a Board decision in certain adjudicatory proceedings. (See
Subpart C of this Part.) (See also Sections 38(a), 40, and 40.1 of the Act that establish
120-day decision deadlines for variances, permit appeals, and review of pollution control
facility siting decisions, respectively.)
9
“Deinked stock”
means paper that has been processed to remove inks, clays, coatings,
binders and other contaminants
[415 ILCS 20/2.1].
“Delegated unit” means the unit of local government to which the Agency has delegated
its administrative citation or other function pursuant to Section 4(r) of the Act.
“DNR” means the Illinois Department of Natural Resources.
“Discovery” means a pre-hearing process that can be used to obtain facts and information
about the adjudicatory proceeding in order to prepare for hearing. The discovery tools
include depositions upon oral and written questions, written interrogatories, production of
documents or things, and requests for admission.
“DOA” means the Illinois Department of Agriculture.
“Duplicative” means the matter is identical or substantially similar to one brought before
the Board or another forum.
“Environmental Management System Agreement” or “EMSA” means the agreement
between the Agency and a sponsor, entered into under Section 52.3 of the Act and 35 Ill.
Adm. Code 187, that describes the innovative environmental measures to be
implemented, schedules to attain goals, and mechanisms for accountability.
“Enforcement proceeding” means an adjudicatory proceeding brought upon a complaint
filed pursuant to Section 31 of the Act by the Attorney General, State’s Attorney, or other
persons, in which the complaint alleges violation of the Act, any rule or regulation
adopted under the Act, any permit or term or condition of a permit, or any Board order.
“Ex parte communication” means
any written or oral communication by any person
that
imparts or requests material information or makes a material argument regarding
potential action concerning regulatory, quasi-adjudicatory, investment, or licensing
matters pending before or under consideration by the
Board. “
Ex parte communication”
does not include the following:
statements by a person publicly made in a public forum,
including pleadings,
transcripts, and public comments made part of the proceeding’s record
;
statements regarding matters of procedure and practice, such as format, the
number of copies required, the manner of filing, and the status of a matter;
and
statements made by a State employee of the
Board
to
Board members
or other
employees of the
Board. [5 ILCS 430/5-50(b)]. For purposes of this definition,
“Board employee” means a person the Board employs on a full-time, part-time,
contract or intern basis. (See Section 101.114 of this Part.)
10
“Fast Track rulemaking” means a Clean Air Act rulemaking conducted pursuant to
Section 28.5 of the Act.
“Federally required rule” means
a rule that is needed to meet the requirements of the
federal Clean Water Act, Safe Drinking Water Act, Clean Air Act (including required
submission of a State Implementation Plan), or Resource Conservation and Recovery
Act, other than a rule required to be adopted under subsection (c) of Section 13, Section
13.3, Section 17.5, subsection (a) or (d) of Section 22.4, or subsection (a) of Section
22.40
[415 ILCS 5/28.2].
“Filing” means the act of delivering a document or article into the custody of the Clerk
with the intention of incorporating that document or article into the record of a
proceeding before the Board. The Clerk’s Office is located at 100 West Randolph Street,
Suite 11-500, Chicago, IL 60601.
“Final order” means an order of the Board that terminates the proceeding leaving nothing
further to litigate or decide and that is appealable to an appellate court pursuant to Section
41 of the Act. (See Subpart I of this Part.)
“Frivolous” means a request for relief that the Board does not have the authority to grant,
or a complaint that fails to state a cause of action upon which the Board can grant relief.
“Hearing” means a public proceeding conducted by a hearing officer where the parties
and other interested persons, as provided for by law and the Board’s procedural rules,
present evidence and argument regarding their positions.
“Hearing officer” means a person licensed to practice law in the State of Illinois who
presides over hearings and otherwise carries out record development responsibilities as
directed by the Board.
“IAPA” means the Illinois Administrative Procedure Act [5 ILCS 100].
“Identical-in-substance rules (or regulations)” means
State regulations which require the
same actions with respect to protection of the environment, by the same group of affected
persons, as would federal regulations if USEPA administered the subject program in
Illinois
[415 ILCS 5/7.2].
“Initial filing” means the filing that initiates a Board proceeding and opens a docket. For
instance, the initial filing in an enforcement proceeding is the complaint; in a permit
appeal it is a petition for review; and in a regulatory proceeding it is the proposal.
“Innovative environmental measures” means any procedures, practices, technologies or
systems that pertain to environmental management and are expected to improve
environmental performance when applied. (See 35 Ill. Adm. Code 106.Subpart G.)
11
“Inquiry hearing” means a hearing conducted by the Board for the purpose of seeking
input and comment from the public regarding the need for a rulemaking proceeding in a
specific area.
“Interlocutory appeal” means an appeal of a Board decision to the appellate court that is
not dispositive of all the contested issues in the proceeding. (See Section 101.908 of this
Part.) An interlocutory appeal may also be the appeal of a hearing officer ruling to the
Board. (See Section 101.518 of this Part.)
“Intervenor” means a person, not originally a party to an adjudicatory proceeding, who
voluntarily participates as a party in the proceeding with the leave of the Board. (See
Section 101.402 of this Part.)
“Intervention” means the procedure by which a person, not originally a party to an
adjudicatory proceeding, voluntarily comes into the proceeding as a party with the leave
of the Board. (See Section 101.402 of this Part.)
“JCAR” means the Illinois General Assembly’s Joint Committee on Administrative Rules
established by the IAPA (see 5 ILCS 100/5-90).
“Joinder” means the procedure by which the Board adds a person, not originally a party
to an adjudicatory proceeding, as a party to the proceeding. (See Section 101.403 of this
Part and 35 Ill. Adm. Code 103.206.)
“Misnomer” means a mistake in name, giving an incorrect name in a complaint or other
document with respect to any properly included party.
“Motion” means a request made to the Board or the hearing officer for the purposes of
obtaining a ruling or order directing or allowing some act to be done in favor of the
movant. (See definition of “movant” in this Section.)
“Movant” means the person who files a motion.
“New pollution control facility” means
a pollution control facility initially permitted for
development or construction after July 1, 1981; or the area of expansion beyond the
boundary of a currently permitted pollution control facility; or a permitted pollution
control facility requesting approval to store, dispose of, transfer or incinerate, for the
first time, any special or hazardous waste
[415 ILCS 5/3.32(b)3.330(b)].
“Non-disclosable information” means
information which constitutes a trade secret;
information privileged against introduction in judicial proceedings; internal
communications of the several agencies; information concerning secret manufacturing
processes or confidential data submitted by any person under the Act
[415 ILCS 5/7(a)].
“Notice list” means the list of persons in a regulatory proceeding who will receive all
Board opinions and orders and all hearing officer orders. Persons on a notice list
12
generally do not receive copies of motions, public comments, or testimony. (See
definition of “service list” in this Section.) (See also 35 Ill. Adm. Code 102.422.)
“Notice to reinstate” means a document filed that recommences the decision period after
a decision deadline waiver has been filed. The notice will give the Board a full decision
period in which to make a decision. (See Section 101.308 of this Part.)
“Oral argument” means a formal verbal statement of advocacy on a proceeding’s legal
questions made at a Board meeting with the Board’s permission. (See Section 101.700 of
this Part.)
“OSFM” means Office of the State Fire Marshal.
“OSFM appeal” means an appeal of an OSFM final decision concerning eligibility and
deductibility made pursuant to Title XVI of the Act.
“Participant” means any person, not including the Board or its staff, who takes part in an
adjudicatory proceeding who is not a party, or a person who takes part in a regulatory or
other quasi-legislative proceeding before the Board. A person becomes a participant in
any of several ways, including filing a comment, being added to the notice list of a
particular proceeding, or testifying at hearing.
“Participant in a CAAPP Comment Process” means a person who takes part in a Clean
Air Act Permit Program (CAAPP) permit hearing before the Agency or comments on a
draft CAAPP permit.
“Party” means the person by or against whom a proceeding is brought.
“Party in interest” means the Agency when asked to conduct an investigation pursuant to
Section 30 of the Act during an ongoing proceeding. (See Section 101.404 of this Part.)
“Peremptory rulemaking” means
any rulemaking that is required as a result of federal
law, federal rules and regulations, or an order of a court, under conditions that preclude
compliance with the general rulemaking requirements of Section 5-40 of the IAPA and
that preclude the exercise by the
Board
as to the content of the rule it is required to
adopt
. [5 ILCS 100/5-50]
“Permit appeal” means an adjudicatory proceeding brought before the Board pursuant to
Title X of the Act.
“Person” means
any individual, partnership, co-partnership, firm, company, limited
liability company, corporation, association, joint stock company, trust, estate, political
subdivision, state agency, or any other legal entity, or their legal representative, agent or
assigns
. [415 ILCS 5/3.315]
13
“Petition” means the initial filing in an adjudicatory proceeding other than an
enforcement proceeding, including permit appeals, OSFM appeals, UST appeals, appeals
of pollution control facility siting decisions, variances and adjusted standards.
“Pilot project” means an innovative environmental project that covers one or more
designated facilities, designed and implemented in the form of an EMSA. (See Section
52.3 of the Act.)
“Pollution control facility” means
any waste storage site, sanitary landfill, waste disposal
site, waste transfer station, waste treatment facility, or waste incinerator. This includes
sewers, sewage treatment plants, and any other facilities owned or operated by sanitary
districts organized under the Metropolitan Water Reclamation District Act. The
following are not pollution control facilities
:
waste storage sites regulated under 40 CFR 761.42
;
sites or facilities used by any person conducting a waste storage, waste treatment,
waste disposal, waste transfer or waste incineration operation, or a combination
thereof, for wastes generated by such person's own activities, when such wastes
are stored, treated, disposed of, transferred or incinerated within the site or
facility owned, controlled or operated by such person, or when such wastes are
transported within or between sites or facilities owned, controlled or operated by
such person
;
sites or facilities at which the State is performing removal or remedial action
pursuant to Section 22.2 or 55.3
of the Act;
abandoned quarries used solely for the disposal of concrete, earth materials,
gravel, or aggregate debris resulting from road construction activities conducted
by a unit of government or construction activities due to the construction and
installation of underground pipes, lines, conduit or wires off of the premises of a
public utility company which are conducted by a public utility
;
sites or facilities used by any person to specifically conduct a landscape
composting operation
;
regional facilities as defined in the Central Midwest Interstate Low-Level
Radioactive Waste Compact
;
the portion of a site or facility where coal combustion wastes are stored or
disposed of in accordance with subdivision (r)(2) or (r)(3) of Section 21
of the
Act;
the portion of a site or facility used for the collection, storage or processing of
waste tires as defined in Title XIV
;
14
the portion of a site or facility used for treatment of petroleum contaminated
materials by application onto or incorporation into the soil surface and any
portion of that site or facility used for storage of petroleum contaminated
materials before treatment. Only those categories of petroleum listed in Section
57.9(a)(3)
of the Act
are exempt under this
definition
;
the portion of a site or facility where used oil is collected or stored prior to
shipment to a recycling or energy recovery facility, provided that the used oil is
generated by households or commercial establishments, and the site or facility is
a recycling center or a business where oil or gasoline is sold at retail
;
the portion of a site or facility utilizing coal combustion waste for stabilization
and treatment of only waste generated on that site or facility when used in
connection with response actions pursuant to the federal Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, the federal
Resource Conservation and Recovery Act of 1976, or the Illinois Environmental
Protection Act or as authorized by the Agency;
the portion of a site or facility accepting exclusively general construction or
demolition debris, located in a county with a population over 700,000 as of
January 1, 2000, and operated and located in accordance with Section 22.38 of
the Act.
[415 ILCS 5/3.330];
the portion of a site or facility, located within a unit of local government that has
enacted local zoning requirements, used to accept, separate, and process
uncontaminated broken concrete, with or without protruding metal bars, provided
that the uncontaminated broken concrete and metal bars are not speculatively
accumulated, are at the site or facility no longer than one year after their
acceptance, and are returned to the economic mainstream in the form of raw
materials or products;
and
the portion of a site or facility located in a county with a population over
3,000,000 that has obtained local siting approval under Section 39.2
of the Act
for a municipal waste incinerator on or before July 1, 2005 and that is used for a
non-hazardous waste transfer station
[415 ILCS 5/3.330].
“Pollution control facility siting appeal” means an appeal of a decision made by a unit of
local government filed with the Board pursuant to Section 40.1 of the Act.
“Postconsumer material” means
paper, paperboard, and fibrous wastes from retail
stores, office buildings, homes, and so forth, after the waste has been passed through its
end usage as a consumer item, including used corrugated boxes, old newspapers, mixed
waste paper, tabulating cards, and used cordage.
Additionally, it includes
all paper,
paperboard, and other fibrous wastes that are diverted or separated from the municipal
solid waste stream
[415 ILCS 20/3(f)(2)(i) and (ii)]. (See also definition of “recycled
paper” in this Section.)
15
“Prehearing conference” means a meeting held in an adjudicatory case to determine the
status of the proceedings. A prehearing conference may also be a meeting held in a
regulatory proceeding prior to the hearing, the purposes of which
shall be to maximize
understanding of the intent and application of the proposal, if possible, and to attempt to
identify and limit the issues of disagreement among participants to promote efficient use
of time at hearing
[415 ILCS 5/27(d)]. (See 35 Ill. Adm. Code 102.404 and 102.406.)
“Proceeding” means an action conducted before the Board pursuant to authority granted
under Section 5 of the Act or as otherwise provided by law. Board proceedings are of
two types: quasi-legislative (rulemaking and inquiry proceedings) and quasi-judicial
(adjudicatory proceedings).
“Proponent” means any person, not including the Board or its staff, who submits a
regulatory proposal to the Board for the adoption, amendment, or repeal of a regulation.
“Provisional variance” means a short term variance sought by an applicant and issued by
the Agency pursuant to Section 35(b) of the Act. (See 35 Ill. Adm. Code 104.Subpart C.)
“Public comment” means information submitted to the Board during a pending
proceeding either by oral statement made at hearing or written statement filed with the
Board.
“Qualitative description” means a narrative description pertaining to attributes and
characteristics.
“Quantitative description” means a numerically based description pertaining to attributes
and characteristics.
“RCRA variance” means a variance from a RCRA rule or a RCRA permit required
pursuant to Section 21(f) of the Act.
“Record” means the official collection, as kept by the Clerk, of all documents and
exhibits including pleadings, transcripts, and orders filed during the course of a
proceeding.
“Recycled paper” means paper which contains at least 50% recovered paper material.
The recovered paper material must contain at least 45% deinked stock or postconsumer
material. (See also “postconsumer material” in this Section.)
“Registered agent” means a person registered with the Secretary of State for the purpose
of accepting service for any entity, or a person otherwise authorized in writing as an
agent for the purpose of accepting service for that entity.
“Regulatory hearing” or “proceeding” means a hearing or proceeding held pursuant to
Title VII of the Act or other applicable law with respect to regulations.
16
“Regulatory relief mechanisms” means variances, provisional variances and adjusted
standards. (See 35 Ill. Adm. Code 104.)
“Representing” means, for purposes of Part 130,
describing, depicting, containing,
constituting, reflecting or recording
[415 ILCS 5/7.1].
“Requester” means, for purposes of Part 130, the person seeking from the agency the
material claimed or determined to be a trade secret (see 415 ILCS 5/7.1).
“Resource Conservation and Recovery Act” or “RCRA” means the Solid Waste Disposal
Act, as amended by the Resource Conservation and Recovery Act of 1976 (42 USC 6901
et seq.).
“Rulemaking” or “rulemaking proceeding” means a proceeding brought under Title VII
of the Act or other applicable law for the purpose of adoption, amendment, or repeal of a
regulation.
“Sanction” means a penalty or other mechanism used by the Board to provide incentives
for compliance with the Board’s procedural rules, Board orders or hearing officer orders.
(See also Subpart H of this Part.)
“SDWA” means the federal Safe Drinking Water Act (42 USC 300f et seq.).
“Service” means delivery of documents upon a person. (See Sections 101.300(c) and
101.304 of this Part.)
“Service list” means the list of persons designated by the hearing officer or Clerk in a
regulatory or adjudicatory proceeding upon whom participants must serve motions,
prefiled questions and prefiled testimony and any other documents that the participants
file with the Clerk unless the hearing officer otherwise directs. (See definition of “notice
list” in this Section.) (See also 35 Ill. Adm. Code 102.422.)
“Severance” means the separation of a proceeding into two or more independent
proceedings, each of which terminates in a separate, final judgment.
“Site-specific rule or regulation” means a proposed or adopted regulation, not of general
applicability, that applies only to a specific facility, geographic site, or activity. (See 35
Ill. Adm. Code 102.208.)
“Sponsor” means the proponent of a pilot project that enters into an EMSA with the
Agency.
“State enforcement proceeding” means an enforcement proceeding, other than a citizen’s
enforcement proceeding, that is brought pursuant to Section 31 of the Act.
17
“Stay” means a temporary suspension of the regular progress of a proceeding pursuant to
an order of the Board or by operation of law. (See Section 101.514 of this Part.)
“Subpoena” means a command to appear at a certain time and place to give testimony
upon a certain matter.
“Subpoena duces tecum” means a document that compels the production of specific
documents and other items at a specified time and place.
“Summary judgment” means the disposition of an adjudicatory proceeding without
hearing when the record, including pleadings, depositions and admissions on file,
together with any affidavits, shows that there is no genuine issue of material fact, and that
the moving party is entitled to judgment as a matter of law. (See Section 101.516 of this
Part.)
“Third party complaint” means a pleading that a respondent files setting forth a claim
against a person who is not already a party to the proceeding. (See 35 Ill. Adm. Code
103.206.)
“Trade secret” means
the whole or any portion or phase of any scientific or technical
information, design, process (including a manufacturing process), procedure, formula or
improvement, or business plan which is secret in that it has not been published or
disseminated or otherwise become a matter of general public knowledge, and which has
competitive value. A trade secret is presumed to be secret when the owner thereof takes
reasonable measures to prevent it from becoming available to persons other than those
selected by the owner to have access thereto for limited purposes
. [415 ILCS 5/3.490]
“Transcript” means the official recorded testimony from a hearing.
“USEPA” means the United States Environmental Protection Agency.
“Underground storage tank appeal” or “UST appeal” means an appeal of an Agency final
decision made pursuant to Title XVI of the Act.
“UST” means underground storage tank.
“Variance” means a temporary exemption from any specified
regulation, requirement or
order of the Board granted to a petitioner by the Board pursuant to Title IX of the Act
upon presentation of adequate proof that compliance with the rule or regulation,
requirement or order of the Board would impose an arbitrary or unreasonable hardship
[415 ILCS 5/35(a)].
“Waiver” means the intentional relinquishing of a known right, usually with respect to a
hearing before the Board or entry of a Board decision within the decision period. (See
also Section 101.308 of this Part.)
18
“Web site” means the Board’s computer-based informational service accessed on the
Internet at http://www.ipcb.state.il.us.
(Source: Amended at 29 Ill. Reg. ____________, effective _____________)
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above opinion and order on November 17, 2005, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
