TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 106
HEARINGS PURSUANT TO SPECIFIC RULES
SUBPART A: HEATED EFFLUENT DEMONSTRATIONS
Section
106.101
Petition
106.102
Requirements for Petition
106.103
Parties
106.104
Recommendation
106.105
Notice and Hearing
106.106
Transcripts
106.107
Opinion and Order
SUBPART B: ARTIFICIAL COOLING LAKE DEMONSTRATIONS
Section
106.201
Petition
106.202
Notice and Hearing
106.203
Transcripts
106.204
Effective Date
SUBPART C: SULFUR DIOXIDE DEMONSTRATIONS
Section
106.301
Petition
106.302
Requirements for Petition
106.303
Parties
106.304
Recommendation
106.305
Notice and Hearing
106.306
Transcripts
SUBPART D: RCRA ADJUSTED STANDARD PROCEDURES
Section
106.401
Petition (Repealed)
106.402
Notice of Petition (Repealed)
106.403
Recommendation (Repealed)
106.404
Response (Repealed)
106.405
Public Comment (Repealed)
106.406
Public Hearings (Repealed)
106.407
Decision (Repealed)
106.408
Appeal (Repealed)
106.410
Scope and Applicability
106.411
Joint or Single Petition
106.412
Request to Agency to Join as Co-Petitioner
106.413
Contents of Petition
106.414
Response and Reply
106.415
Notice and Conduct of Hearing
106.416
Opinions and Orders
SUBPART E: AIR ADJUSTED STANDARD PROCEDURES
Section
106.501
Scope and Applicability
106.502
Joint or Single Petition
106.503
Request to Agency to Join As Co-Petitioner
106.504
Contents of Petition
106.505
Response and Reply
106.506
Notice and Conduct of Hearing
106.507
Opinions and Orders
SUBPART F: WATER WELL SETBACK EXCEPTION PROCEDURES
Section
106.601
Scope and Applicability
106.602
Contents of Petition
106.603
Response and Reply
106.604
Notice and Conduct of Hearing
106.605
Opinions and Orders
SUBPART G: ADJUSTED STANDARDS
Section
106.701
Applicability
106.702
Definitions
106.703
Joint or Single Petition
106.704
Request to Agency to Join As Co-Petitioner
106.705
Petition Contents
106.706
Petition Verification
106.707
Federal Procedural Requirements
106.708
Incorporated Material
106.709
Motions
106.710
Service of Filings
106.711
Petition Notice
106.712
Proof of Petition Notice
106.713
Request for Public Hearing
106.714
Agency Response
106.715
Amended Petition and Amended Response
106.801
Hearing Scheduled
106.802
Hearing Notice
106.803
Pre-Hearing Submission of Testimony and Exhibits
106.804
Discovery
106.805
Admissible Evidence
106.806
Order of Hearing
106.807
Post-hearing Comments
106.808
Burden of Proof
106.901
Board Deliberations
106.902
Dismissal of Petition
106.903
Board Decision
106.904
Opinion and Order
106.905
Appeal of Board Decisions
106.906
Publication of Adjusted Standards
106.907
Effect of Filing a Petition
SUBPART H: REVOCATION AND REOPENING OF CLEAN AIR ACT PERMIT
PROGRAM (CAAPP) PERMITS
Section
106.910
Applicability
106.911
Definitions
106.912
Petition
106.913
Response and Reply
106.914
Notice and Hearing
106.915
Opinion and Order
106.916
USEPA Review of Proposed Determination
SUBPART I: MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY
DETERMINATIONS
Section
106.920
Applicability
106.921
Definitions
106.922
Petition
106.923
Response and Reply
106.924
Notice and Hearing
106.925
Opinion and Order
SUBPART J: CULPABILITY DETERMINATIONS
Section
106.930
Applicability
106.931
Petition for Review
106.932
Response and Reply
106.933
Notice and Hearing
106.934
Opinion and Order
SUBPART K: INVOLUNTARY TERMINATION OF ENVIRONMENTAL
MANAGEMENT SYSTEM AGREEMENTS (EMSAs)
Section
106.940
Purpose, Applicability
106.942
Definitions
106.944
Severability
106.945
Termination Under Section 52.3-4(b) of the Act
106.946
Who May Initiate, Parties
106.948
Notice, Statement of Deficiency, Answer
106.950
Service
106.952
Notice of Hearing
106.954
Deficient Performance
106.956
Board Decision
106.958
Burden of Proof
106.960
Motions, Responses
106.962
Intervention
106.964
Continuances
106.966
Discovery, Admissions
106.968
Subpoenas
106.970
Settlement Procedure
106.972
Authority of Hearing Officer, Board Members and Board Assistants
106.974
Order and Conduct of Hearing
106.976
Evidentiary Matters
106.978
Post-Hearing Procedures
106.980
Motion After Entry of Final Order
106.982
Relief from Section 106.956 Final Orders
SUBPART L: Outstanding Resource Waters Determination
Section
106.990
Applicability
106.991
Definitions
106.992
Petition
106.993
Publication
106.994
Petition Contents
106.995
Board Action
APPENDIX A Old Rule Numbers Referenced
AUTHORITY: Implementing Sections 5, 14.2(c), 22.4, 27, 28, 28.1, 28.5, 39.5 and 52.3 and
authorized by Sections 26, 39.5 and 52.3 of the Environmental Protection Act [415 ILCS 5/5,
14.2(c), 22.4, 27, 28, 28.1, 28.5, 26, 39.5 and 52.3]
SOURCE: Filed with Secretary of State January 1, 1978; amended at 4 Ill. Reg. 2, p. 186,
effective December 27, 1979; codified at 6 Ill. Reg. 8357; amended in R85-22 at 10 Ill. Reg.
992, effective February 2, 1986; amended in R86-46 at 11 Ill. Reg. 13457, effective August 4,
1987; amended in R82-1 at 12 Ill. Reg. 12484, effective July 13, 1988; amended in R88-10 at 12
Ill. Reg. 12817, effective July 21, 1988; amended in R88-5(A) at 13 Ill. Reg. 12094, effective
July 10, 1989; amended in R88-5(B) at 14 Ill. Reg. 9442, effective June 5, 1990; amended in
R93-24 at 18 Ill. Reg. 4230, effective March 8, 1994; amended in R93-30 at 18 Ill. Reg. 11579,
effective July 11, 1994; amended in R99-9 at 23 Ill. Reg. 2697, effective February 16, 1999;
amended in at Ill. Reg. , effective .
Section 106.990 Applicability
The procedures set forth in this Subpart apply to any person seeking an Outstanding Resource
Water “ORW” designation for a surface water or any segment thereof as provided by 35 Ill.
Adm. Code 303.205. This Subpart shall be read in conjunction with 35 Ill. Adm. Code 102 that
contains procedures generally applicable to regulatory and informational hearings and
proceedings. In a proceeding held pursuant to this Subpart, the requirements of this Subpart
shall apply in the event of conflict between the requirements of 35 Ill. Adm. Code 102 and those
of this Subpart.
Section 106.991 Definitions
For the purpose of this Subpart, words and terms shall have the meanings as defined in 35 Ill.
Adm. Code 102.101, unless otherwise provided.
Section 106.992 Petition
Any person may submit a written petition for the adoption, amendment or repeal of an ORW
designation. The original and nine (9) copies of each petition shall be filed with the Clerk and
one copy each served upon the Agency, Illinois Department of Natural Resources (IDNR), the
Attorney General, the States Attorney of each county in which the waters or water segment runs,
the Chairman of the County Board of each county in which the waters or water segment runs, to
each member of the General Assembly from the legislative district in which the waters or water
segment runs, to current NPDES permit holders and NPDES permit applicants, applicants for
federally permitted activities that require a certification from the Agency pursuant to Section 401
of the Clean Water Act, and to other persons as required by law.
Section 106.993 Publication
A person that submits a written petition for the adoption, amendment or repeal of an ORW
designation shall, within 10 days after the petition is filed, publish notice of such petition in a
newspaper of general circulation in the county or counties in which the effected water body
flows.
Section 106.994 Petition Contents
The petition must be captioned in accordance with 35 Ill. Adm. Code Section
101.ILLUSTRATION A General Rulemaking. The petition must contain headings
corresponding to the informational requirements of each subsection of this Section. The
following information shall be contained in the petition:
a)
The proponent shall identify the waters or water segment, which is to be
addressed by the proposed amendment and the language to be added, deleted or
repealed. Underscoring must indicate language being added and strikeouts must
indicate language being deleted.
b)
A statement describing the specific surface water or segment thereof for which the
ORW designation is requested and that waters’ or segment’s present designation;
c)
A statement describing the area in which the specific surface water or segment
thereof exists including, but not limited to:
1)
the existence of wetlands or natural areas;
2)
the life contained within that area including endangered or threatened
species of plants, aquatic life or wildlife listed pursuant to the Endangered
Species Act, 16 USC 1531 et seq. or the Illinois Endangered Species
Protection Act, 41 ILCS 10.
d)
A statement supporting the designation including, but not limited to, the health,
environmental, recreational, aesthetic or economic benefits of the designation;
e)
A statement identifying the ORW designation’s anticipated impact on economic
and social development. This statement should be supported by current,
verifiable information including, but not limited to:
1)
impacts on the regional economy;
2)
impacts on regional employment;
3)
impacts on the community;
4)
a comparison of the health and environmental impacts to the economic
impact of an ORW designation;
f)
A statement describing the existing and anticipated uses of the specific surface
water or segment thereof for which the ORW designation is requested;
g)
A statement describing the existing and anticipated quality of the specific surface
water or segment thereof warranting the ORW designation;
h)
A synopsis of all testimony to be presented by the proponent at hearing;
i)
Copies of any material to be incorporated by reference within the proposed
designation pursuant to Section 5-75 of the Administrative Procedures Act;
j)
Proof of service upon all persons required to be served pursuant to Section
106.942 of this Part and proof of publication required by Section 106.943 of this
Part;
k)
Unless the proponent is the Agency, Illinois Department of Natural Resources or
receives a waiver by the Board, a petition signed by at least 200 persons, pursuant
to Section 28 of the Act and Section 102.160(a); and
l)
Where any information required by this Section is inapplicable or unavailable, a
complete justification for such inapplicability or unavailability.
Section 106.995 Board Action
a)
Dismissal
1)
Failure of the proponent to satisfy the content requirements for petitions
under this Subpart or failure to respond to Board requests for additional
information will render a petition subject to dismissal for inadequacy.
2)
Failure of the proponent to pursue disposition of the petition in a timely
manner will render a petition subject to dismissal. In making this
determination, the Board shall consider factors including but not limited
to, the history of the proceeding and the proponent’s compliance with any
Board or hearing officer orders.
3)
Any person may file a motion challenging the sufficiency of the petition
pursuant to 35 Ill. Adm. Code 101.243.
4)
The Board shall dismiss a petition for inadequacy in cases in which the
Board, after evaluating the petition, cannot determine the jurisdictional
basis on which the petition is made. In all such cases, a statement
informing the proponent of the Board’s basis for dismissal will be made.
Dismissal of the petition does not bar a proponent from re-submitting a
petition in the absence of any deadline imposed by the Act or Board
regulations.
b)
Designation of ORW
A)
The Board shall designate a water body or water body segment as
an ORW and list it in Ill. Adm. Code 303.206 if it finds:
2)
the water body or water body segment is of uniquely high biological or
recreational quality; and
3)
the benefits of protection of the water from future degradation outweigh
the benefits of economic or social opportunities that will be lost if the
water is designated as an ORW.