ILLINOIS POLLUTION CONTROL BOARD
July
24,
1980
IN THE MATTER OF:
)
)
PROPOSED
AMENDMENT
TO RULE
)
502 (a)
AND
503
(a)
OF
)
R80—7
CHAPTER
ONE,
PROCEDURAL
)
RULES
)
PROPOSED RULE,
FIRST NOTICE
ORDER OF THE
BOARD
(by
D.
Satchell):
The
Board
proposes to amend Procedural Rules 502 and 503
to read as follows.
Deletions from and additions to the existing
rules
are
indicated
by
striking
and underlining.
502
Permit
Appeals
(a)
Permit
Appeals
Other
Than
NPDES
Permit
Appeals:
1.
If
the
Agency
denies the permit,
it shall advise
the
permit
applicant in writing in accordance
with
the
requirements
of
Section 39(a)
of
the
Act.
2.
In
the
case
of
a denial of a permit or issuance
by
the
Agency of a permit with one or more con-
ditions or limitations to which
an applicant
objects, an applicant who seeks to appeal the
Agency decision shall file a petition for a
hearing
ai~-~o~ee
before the Board within 4S
35
days
of
the
date
of
mailing
of
the
Agency’s
TTnal decision.
The petition shall include:
(1)
Citation
of
the
particular
standards
under
which
a
permit
is
sought;
(ii)
A
complete
and
precise
description of the
facility, equipment,
vehicle,
vessel, or
aircraft
for
which
a
permit
is sought,
including its location;
(iii)
A complete description of contaminant
emissions
and
of proposed methods for
their
control;
and
(iv)
Such other materials as may be necessary
to
demonstrate
that
the activity for which
the
permit
is sought will not cause a viola-
tion of the Act or the regulations.
—2—
3.
The method of filing service shall be in accordance
with Rules
304
and
305 of these Procedural Rules.
4.
The Agency shall appear as respondent in the hearing
and shall, within 14 days,
upon notice of the peti-
tion,
file with the Board the entire Agency record
of
the permit application, including:
(i)
The
application;
(ii)
Correspondence with the applicant; and
(iii)
The
denial.
5.
The
Clerk
shall
give
notice
of
the
petition
and
hearing in accordance with Part III.
6.
The proceedings shall be in accordance with the
Rules set forth in Part III of these Rules.
(b)
NPDES Permit Appeals:
1.
If the Agency denies an NPDES Permit, it shall advise
the permit applicant in writing in accordance with
the requirements of Section
39(a)
of the Act.
2.
In the case of the denial of an NPDES Permit or the
issuance by the Agency of an NPDES Permit with one
or more conditions or limitations to which the appli-
cant objects,
the applicant may contest the decision
of the Agency by filing with the Clerk of the Board
a petition for review of the Agency’s action in
accordance with this Rule.
3.
Any
person other than the applicant who has been a
party to or participant at an Agency hearing with
respect to the issuance or denial of an NPDES Permit
by the Agency, ai~4or any person who requested such
a hearing in accord~cewith applicable rules, may
contest the final decision of the Agency by filing
with the Clerk a petition for review of the Agency’s
action.
4.
The petition shall
be filed
and
notice issued within
30 days from the date the Agency’s final decision
has been mailed to the applicant and all other per-
sons who have right of appeal.
The method of filing
and service shall be in accordance with Rules
304
and
305
of these Procedural Rules.
—3—
5.
The Agency shall appear as respondent and shall
file
an Answer consisting of the hearing file of any
hearing which may have been held before the Agency,
including any exhibits, and the following documents:
NPDES Permit application, NPDES Permit denial or is-
suance letter, and all correspondence with the
applicant concerning the application.
6.
All parties other than the petitioner who were parties
to or participants at any Agency hearing shall be
made respondents.
7.
The petition shall contain a statement of the decision
or part thereof to be reviewed.
The Board upon motion
of any respondent shall,
or upon its own motion may,
require of the petitioner a specification of the
errors upon which the petitioner relies in his
petition.
8.
The hearings before the Board shall extend to all
questions of law and fact presented by the entire
record.
The Agency’s findings and conclusions on
questions of fact shall be prima facie true and
correct.
If the Agency’s conclusions of fact are
disputed by the party or if issues of fact are raised
in the review proceeding,
the Board may make its own
determination of fact based on the record.
If any
party desires to introduce evidence before the Board
with respect to any disputed issue of fact, the Board
shall conduct a de nova hearing and receive evidence
with respect to such issue of fact.
9.
This proceeding shall be in accordance with the Rules
set forth in Part III of these Procedural Rules.
10.
The order of the Board entered pursuant to hearing
may affirm or reverse the decision of the Agency,
in
whole or in part, may remand the proceeding to the
Agency for the taking of further evidence, or may
direct the issuance of the permit in such form as it
deems
just, based upon the law and the evidence.
503
permit Review
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(a)
Permit Review for Hazardous Waste Disposal Sites:
Any person other than the applicant or the Agency may
petition the Board for a hearing to contest the issuance
of a permit for a hazardous waste disposal site.
The
petition shall be filed within 35 days of the issuance
of the permit.
The Agency and the applicant shall be
named co-respondents.
The Board shall conduct a public
Eiaring,
in accordance with Rule
502 and Part III hereof,
unless
it
determines that:
1.
The petition is duplicitous or frivolous
2.
The petitioner is so located as not to be affected
by the permitted facility; or
3.
The permit was granted
for the disposal or utiliza-ET?1 w?329 388 m?524 388 l?S?BT?
tion of sludge from publicly owned sewage works.
The hearing shall be based exclusively on the record be-ET?1 w?126 352 m?531 352 l?S?BT?
fore the Agency at the time the permit was issued.
The
burden of proving that the Agency’s action was in viola-ET?1 w?126 328 m?531 328 l?S?BT?
tion of the Act or applicable Board regulations shall be
upon the petitioner.
(b)
NPDES Permit Review:
Any
person
may
file
a
complaint,
whether
or
not
a
party
to or participant to any earlier proceeding before the
Agency, or for modification, suspension,
or revocation
of an NPDES Permit in accordance with Rule 912 of Chapter
3,
Subpart A.
Such a complaint shall be commenced in
accordance with Procedural Rule 304.
Part III of these
Rules shall govern the proceeding.
The record will be held open
for written comments for 45 days
from the date of publication in the Illinois Register.
IT IS SO ORDE1~ED.
Mr. Werner dissented.
—5—
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control
Board,
hereby
certify
that
the
above
Order
was
a4opted
on
the
Qi./~
day
of
______________,
1980 by a vote
of
~/.-/
Illinois Pollution
