ILLINOIS POLLUTION CONTROL BOARD
January
18,
1996
IN THE MATTER OF:
)
)
ILLINOIS POLLUTION CONTROL
)
BOARD ADMINISTRATIVE RULES:
)
R96-15
ORGANIZATION, PUBLIC
)
(Rulemaking)
INFORMATION AND PROCEEDINGS.
)
Adonted Rule.
Final Order.
OPINION AND ORDER OF THE BOARD (by C.A. Manning):
Pursuant to Section
5-15
of the Illinois Administrative Procedure Act (APA)
(5
ILCS
100/5-15)
and
Section
140/4
of the Freedom of InformationAct (FOIA) (5 ILCS
140/4), the Board is required to maintain current administrative rules which describe how
the Board is organized, how it operates, and howit provides the public access to
information.
These rules
are
intended to implement the mandates set forth in those
statutes.
Additionally, the Board also takes final action today in R96-14 to repeal the
Board’s former administrative rules found at 2111. Adm. Code 2175 of the Administrative
Code.
As the administrative rules were last adopted
and
amended over ten (10) years
ago, in 1984, these rules reflect the various changes in the Board’s operation which have
occurred since that time
and
include acurrent organizational chart.
Additionally, these
rules reflect the most current innovations
of the Board’s public access
and
the electronic
address ofthe Board’s Home Page found at the World Wide Web ofthe Internet.
The
rules
explain that the Board’s Home Page can be accessed for timely information on the
Board’s meeting schedules and agendas, minutes ofregularBoard meetings, rulemakings,
legislative updates,
Appellate Court updates, biographical information on Board
Members,
staffinformation, pending environmental regulations and for copies ofthe
Board’s monthly newsletter, the
Environmental Register.
These administrative rules are effective immediately upon filing with the
SecretaryofState.
They will be published in the
illinois Register
and will appear in the
Illinois Administrative Code at 2111. Adm. Code
2175.
Additionally, the rules will be
immediately placed on theBoard’s Home Page ofthe World Wide Web ofthe Internet
and they will appear in the
Environmental Register.
ORDER
The Board hereby adopts the following rules as 2111. Adm. Code 2 175.100
through 2175.600:
2
TITLE 2:
GOVERNMENTAL ORGANIZATION
SUBTITLE E:
MISCELLANEOUS STATE AGENCIES
CHAPTER XXVII:
POLLUTION CONTROL BOARD
PART 2175
ORGANIZATION, PUBLIC INFORMATION, AND TYPES OF PROCEEDINGS
SUBPART A:
INTRODUCTION AND ORGANIZATION
Section
2 175.100
Summary
and Purpose
2175.105
Board Membership
2175.110
Organization and Supervisory Relationships
2175.115
Location of Offices
2 175.120
Board Meetings
2175.125
Public Notice of Board Meetings
2175.130
Agenda of Board Meetings
2175.135
Minutes of Board Meetings
2175.140
Accessibility of Board Meetings and Hearings
SUBPART B:
FEES AND FORMS OF PAYMENT
Section
2175.200
Filing Fees
2175.205
Photocopying Fees
2175.2 10
Photocopying 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
2175.3 10
Board’s Home Page on World Wide Web Internet
2175.315
Documents Available from the Clerk’s Office
2175 .320
Requests ForInformation
SUBPART D:
ACCESS TO BOARD RULES
Section
2175.400
Access to Board Rules in the Illinois Administrative
Code
3
SUBPART E:
RULEMAKING
Section
2 175.500
Proposals
2175.505
Initial Hearing
2175.5 10
First Notice
2175.5 15
Second Notice
2 175.520
Adopted Rules
2175.525
Emergency Rules
2175.530
Peremptory Rules
2175.535
Adoption of Federal Regulations
SUBPART F:
ADJUDICATORY PROCEEDINGS
Section
2175.600
Adjudicatory Procccdings
APPENDIX A:
ORGANIZATIONAL CHART
AUTHORITY:
Implementing Section 5-15 ofthe illinois Administrative Procedure Act
(5
ILCS
100/5-15) and authorized by Section
5
ofthe Illinois
Environmental Protection Act
(415
ILCS
5/5).
SOURCE:
Administrative
rules adopted at 3
Ill: Reg. 23, p.
96, effective May 29,
1983; repealed by operation of law effective October 1,
1984; new rules
adopted at
9 Ill. Reg.
107, effective December 21,
1984; old rules
repealed
and new rules adopted at
@
Ill. Reg.
—‘
effective__________
1996.
SUBPART A:
INTRODUCTION AND ORGANIZATION
Section 2175.100
Summary & Purpose
As required by
Section
5-15 of the Illinois Administrative
Procedure Act (APA)
(5
1LCS
100/5-15)
and Section
140/4 of the Freedom of Information Act (FOIA)
(5
1LCS
140/4), this Part sets forth the administrative rules 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 rules
and cases.
Those procedural rules are found at
35
Ill. Adm. Code
101-120.
Section 2175.105
Board Membership
a)
The Board was created pursuant to Section
5 ofthe
Illinois Environmental
Protection Act (Act) (415 1LCS 5/5).
The Board is a quasi-legislative and
4
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 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.
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 to 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 Office is responsible for the processing,
maintenance and distribution of all 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 byihe Chairman.
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 andfor advising the Board
on
technical issues related to
pending cases and rulcmakings, as assigned by the Chairman.
4)
Hearings Unit.
Under the direction of a ChiefHearing Officer, this
unit is comprised of attorneys responsible for conducting Board
hearings throughout the state, making such rulings as may be
necessary at hearing, and generally managing the Board’s
adjudicatory caseload.
5
5)
Fiscal
Office.
IJnder the direction of aFiscal
Officer, this unit is
responsible for budgeting, expenditures, procurement, computer
operations, and related duties.
c)
The Board also employs other professional staffto carry out its functions
andmandates, including but not limited to an Executive Coordinator, a
Public Affairs Coordinator, a Human Services Coordinator, and a
Legislative and Governmental Affairs 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
Chicago office.
Section 2175.115
Location of Offices
a)
The Board maintains two central offices, one
in Chicago andone in
Springfield.
The Board may also maintain satellite offices in various
regions of the State.
b)
The Clerk’s Office is located in the Chicago Office.
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
(3 12)-814-3620
(312) 814-3669 (Fax)
c)
The Office of the Chairman, the Fiscal Office, andthe
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
600 South Second Street
Suite 402
Springfield, Illinois
62704
(217)-524-8500
(217) 524-8508 (Fax)
d)
The Board maintains satellite offices in the following locations:
6
Illinois Pollution Control Board
110 South State
Street
Jcrseyville, Illinois 62052
(618) 498-9802
(618)
498-5934 (Fax)
Illinois Pollution Control Board
148 North Third Street
P.O. Box
505
DeKalb, Illinois 60115
(815) 753-1904
(815) 753-1970 (Fax)
Section 2175.120
Board Meetings
a)
TheBoard makes all decisions on adjudicatorycases and regulatory
matters atopenmeetings ofthe
Board noticed and held in accordance with
the OpenMeetingsAct
(5
ILCS
120/1
et seq).
The Board may hold closed
meetingspursuant to
Section 120/2(a) of the Open Meetings Act
(5
ILCS
120/2(a)).
b)
Meetings may be held when a quorum, constituted by four members of the
Board, is
present. Fouraffirmative votes
are
required
for
any final
determinations of the Board, except in a proceedingto remove a seal under
Section 34(d) of the Illinois Environmental Protection Act (415 ILCS
5/34(d)).
c)
Meetingsmay be heldwithBoard
members physically present or present
telephonically.
d~
Section
5
ofthe Illinois Environmental Protection Act requires theBoard
to hold at least one
meeting each month and
allows theBoard to hold
special and emergency meetings (415 ILCS
5/5).
The Chairman or two
Board Members may call a special meeting of the Board.
Section 2
175.125
Public Notice ofOpen Board Meetings
a)
PublicNotice ofRegular Meetings.
Regular Board meetings are generally
held everyfirst and third Thursday ofthe month atthe James R.
Thompson Center (JTRC) in Chicago,but dates, times and locations are
subject to change.
Notification of these meetings is given in the Board’s
Environmental Register
and
on the Board’s Home
Page (see Section
2175.310). Notification
of all Board meetings is also posted pursuant to
the
Open Meetings Act
(5
ILCS 120/2.02 and 2.03).
The schedule of
meetings also appears atthe end of every regular meeting agenda.
7
b)
Teleconferencing.
The Board attempts to hold one meeting every quarter
via teleconferencing equipment, with hook-ups in, at least, Chicago and
Springfield.
Both locations are open to the public.
c)
Public Notice ofSnecial orEmergency Meetings. Notice
of
special or
emergency meetings will generally be given to all Board members and the
public 48 hours priorto the meeting. The notice will include
a copy of the
agendaand will comply with
the Open Meetings Act.
If, however, a
majority ofthe
Board certifies that
an emergency exists
and exigencies of
time are
such that the 48-notice must be dispensed with, a special meeting
may be called by the Chairman or two Board Members merely by posting
notice in the Board’s offices and giving notice to thepublic
as far in
advance as is practicable, but prior to the holding of such meeting.
d)
Notice to Media.
The Board gives noticeof regular, special or emergency
meetings to any news medium 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)).
Section 2175.130
Agenda of Board Meetings
a)
The Board maintains an agenda ofits open Board meetings in accordancc
with and Section 2.02 ofthe Open Meetings Act(5 ILCS
120/2.02). Board
agendas contain the list ofeases and motions that may be decided by the
Board at that meeting and are posted at the Board’s offices and on the
Board’sHome Page (see Section 2175.310).
b)
The Board does not generally place any item on the agenda that has been
filed less than two full days before a scheduled Board meeting.
c)
The Board may also issue an addendum to the agenda and, as provided for
in Section 2.02(a) ofthe Open Meetings Act
(5
ILCS 120/2.02(a)), may
consider
items not specifically set forth on the agenda.
Section 2 175.135
Minutes of Board Meetings
The Board will keep minutes ofall meetings.
Minutes of all meetings subject to the Open
Meetings Act shall
be available to the public atthe Clerk’s Office or on the Board’s
Home Page (see Section 2175.302) within seven days ofapproval ofthe minutes.
The
minutes will include the time, date,
and
place ofthe meeting, the items decided and the
numeric decisionvote.
8
Section 2175.140
Accessibility of 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 tacilities which are accessible to people with disabilities.
Persons
requiring such services should contact Dorothy Gunn, Clerk ofthe Board, at
100
W. Randolph Street, Suite 11-500, Chicago, Illinois 60601
or at 312/814-3620
within five
(5)
days prior to
a Board meeting or hearing.
SUBPART B:
FEES AND FORMS OF PAYMENT
Section 2175.200
Filing Fees
a)
Aperson filing an
action for which a filing fee is prescribed by the Illinois
Environmental Protection Act shall pay that fee at thetime 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
formof government voucher,money order
or check made payable to the
Illinois Pollution Control Board, but which maynot be paid in cash:
1)
Petition for Site-Specific Regulation, $75.
2)
Petition for Variance,
$75.
3)
Petition for Review of Agency Permit Decision, UST Decision, or
any other 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 Illinois
Environmental Protection Act (415
ILCS
5/40.1), $75;
and,
5)
Petition for Adjusted Standard, pursuant to Section
28.1 ofthe
Illinois Environmental Protection Act (415 ILCS
5/28.1),
$75.
c)
The Clerk will refuse to file any petition which is not accompanied by the
required fee.
The fee must be paid in the form specified in Section
2175.215 ofthese rules.
Section 2175.205
Photocopying Fees
All files, records, and data may
be copied at Board offices in Chicagoupon
payment of reasonable reproduction fees (415 ILCS
5/7)
as follows:
9
a)
A copy of a single opinion and order will be furnished on requestwithout
cost, irrespective of length, withthe dissenting and/or concurring
opinion(s).
Copies of niultiple
opinions
and orders cost 75 cents per page.
b)
Hearing Transcripts cost 75 cents per page.
c)
All other documents cost 75 cents per page.
d)
State agencies are, upon request, provided copies of opinions and orders
and transcripts free of charge.
Section 2175.210
Photocopying Procedures
a)
All files, records, and data may be copied atBoard offices in Chicago
•
upon payment.
(415 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 possible.
Requests 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.
Section 2175.215
Forms Of Payment
a)
Any amount over $10 must be paidby check or money order made
payable to the Illinois Pollution Control Board. A state agency mayuse an
Office of the Comptroller voucher to remit payment for filing fees and
photocopy charges.
b)
In the event that a check for filing feeg, paidpursuant to Section 7.5 of the
Illinois Environmental Protection Act is not honored by petitioner’s bank,
the Fiscal Officermay require that payment be made within 48 hours by
certified check or money order.
Failure
to
makepayment may subject the
parties to sanctions, including penalties as provided for in the Board’s
procedural rules.
(See 35 Ill. Adm. Code 101-120.)
c)
In the event that a check forphotocopying charges is not honored
by me
remitter’s bank, the Fiscal Officermay 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 firm or
10
individual whoremits to the Board a chcck which subsequently is
not
honored by the remitter’s bank.
Section 2175.220
Other Fees/Costs
The Board may, in its procedural rules (see 35 Ill. Adm. Code
101-120), provide
for the payment of certain types of its costs where appropriate.
SUBPART C:
PUBLIC INFORMATION
Section 2175.300
Files Open to Reasonable Inspection
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’sjurisdiction.
Without limiting the foregoing, the files will include:
pleadings, motions, notices, minutes, transcripts, exhibits, orders and
opinions, proposed and adopted regulations, the
Environmental
Register
andother Board releases, business records, and informal complaints.
b)
Pursuant to the Tllinois
State Records Act, the Clerk shall maintain for five
(5) years, all documents submitted by the parties in rulemaking and
adjudicatorycases
(5
ILCS
160/1).
After five
(5)
years, the documents
shall be microfilmed and thc microfilm shall be maintained by the Board.
Documents microfilmed for the Board’s record are subject to destruction
unless the parties request that the documents be returned atthe closure of
the
five-(5)
year period.
Over-sized exhibits which are not capable of
being microfilmed will be returned to the parties attheir request or
destroyed.
c)
All files, records, and data,
other than personnel files, are maintainedby
the Clerk’s Office and are available from the Clerkof the Board, in the
Board’s Chicago office only.
Such types of material include but are not
limited to:
1)
Documents filed within a case including, but not limited to
appearances, pleadings, exhibits, motions, transcripts of hearings,
and public comments;
2)
Opinions & Orders of the Board;
3)
Copies of documents 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
11
information exempted pursuant to Section 7 of the Freedom of
Information Act
(5
ILCS
140/7), including but not limited to, information
which constitutes a trade secret;
information privileged against
introduction in judicial proceedings; internal communication between the
Board andlor staff; draft orders and opinions and orders; and technical unit
memoranda.
e)
The Board has adopted procedural rules at 35
111. Adm. Code
120 to
establish the procedures to be takenby any person to obtain trade secret
protection as described in Section 7 of the Illinois Environmental
Protection Act (415 ILCS
5/7).
(See 35 Ill. Adm. Code 101-120.)
Section
21 75.305
Publications
a)
Environmental Register
1)
The Board will publish an
Environmental Register
containing
reports ofthe Board’s activities and notices of meetings and
hearings.
Single copies are provided free of charge at the Board’s
Chicago and Springfield Offices.
2)
A yearly hard copy subscription may be purchased, at a cost of $20
to 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
RevenueCodemayrequest a free hard
copy subscriptionto
the
Environmental Register.
Proof of organizational status is required.
3)
The
Environmental Register
is provided free of charge on the
Board’s Home Page as described at Section 2175.310.
b)
Opinions, Orders, Regulations
1)
Copies of opinions and orders ofthe Board are available upon
request as provided at Section 2175.205(a).
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)) and by various commercial services. They
are also published periodically by the Agency by subtitle and are
available as quantities permit free of charge from the Board’s
Chicago office.
12
c)
Annual Report
1)
The Board publishes an Annual Report of the Chairman.
The
report includesinformation regarding the Board’s membership,
regulatory and case activities forthe fiscal year, a summary of
legislative activity affecting the Board, a summary of Board
decisionsreviewed by the courts during the fiscal year, and
information on administrative activities.
2)
When completed and printed, the Annual Report is available free
of charge in reasonable quantities from the Board’s Chicago and
Springfield Offices.
d)
Illinois Register
I)
Required Filings
The
illinois Register
is a publication containing
all 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 APA.
Thc noticcs dcscribc 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 5-46 of the Illinois
Administrative
Procedure Act
(5
ILCS
100/5-45
and
5/46).
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 Protection Act (415 ILCS 5/28.1).
The
Board publishesthis 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 forth rules which the Board
may be considering during a six-month periods
This
agenda is to list rules in advance ofpublication of the
notice described in subsection (d)(i) of this section.
The
regulatory agenda appears in January/February or
13
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 Environmental
Protection Act (415 ILCS
5/7.3)
and Section 5-70(b) of the Illinois
Administrative Procedure Act (5 ILCS
100/5-15)
allow the Board
to publish other documents concerning its activities.
These
include,
but are not limited to, notices of public hearings, and
notices of proposed and adopted identical in substance rules as
discussed in Section 7.2 ofthe Illinois Environmental Protection
Act (415 ILCS
5/7.2).
Section 2175.310
Board’s Home Page on World Wide Web Internet
a)
The
Board
maintains
a
Home
Page
on
the
World
Wide
Web
of
the
Internet.
The
information
on
the
Home
Page
is
continuously
updated.
The
Board’s
Home
Page
includes,
but
is
not
limited
to,
the
following
information:
1)
Board Members’ Profiles
2)
Environmental Register
3)
Board Meeting Dates and Agendas
4)
Procedural Rules
5)
Administrative Rules
6)
Annual Reports
7)
Summary of Pending Rulémakings
8)
Summary of Recent Legislation Affecting the Board
b)
The information on the Board’s HomePage can be downloaded free of
Board charges.
The Home Page can be accessed though the Internet
using any commercially available on-line service.
The Home Page can be
accessed directly via the following electronic address:
http://www.state.il.us/pcb/pebhpage.htm
c)
The Board’s Home Page can also be accessed through
State of Illinois
Home Page (underthe “Agencies” option) at the following electronic
address:
http://www.state.il.us/
14
Section 2175.315
Documents Prepared by the Clerk’s Office
Various documents are routinely prepared by and for the Clerk’s office for internal
use by the Board and are also available for inspection and copying.
These
include, but are not limited to, docket sheets, listings of eases by type and tracking
sheets.
Copies will be available within five (5) working days of a request at a cost
of $5.00 per page.
Section 2175.320
Requests for Information
a)
Informal requests for information may be made to any Board office.
Informalrequests will be filled promptly upon receipt of the request.
However where arequest for information maintained by the Clerk’s Office
is made at other thanthe Chicago office, some delay may be necessary to
allow for the Clerk’s office to provide the material.
Inspection of
documents can only take place at the Clerk’s Office.
b)
A Formal requestfor informationpursuant to the Freedom of Information
Act (FOIA) shall state that it is a formal request pursuantto FOIA.
The
formal request shall be addressed to the Clerk of the Board, who shall date
stamp the request upon receipt.
All formal requests will be processed
pursuant to the 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 include a
copy ofthe formal request, the Clerk’s denial letter, and a
statement of why the person believes the denial was improper.
The
Chairman will determine in writingwhether the Clerk’s denial was
proper or improper, and will notif~’
the person within seven (7)
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 reliefpursuant to
Section 140/11 of the
FOIA
(5
ILCS 140/li).
15
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 aparticular Subtitle as set out below:
SUBTITLE
A
B
C
D
E
F’
G
H
I
M
SUBJECT MATTER
Procedural Rules
Air Rules
Water Rules
Mine Rules
Livestock Waste
Public Water Supplies
Waste Disposal
Noise Rules
NuclearRadiation
Biological Materials
b)
The Subtitles listed in Subsection (a), above, also include some rules of
the Environmental Protection Agency andthe Department of Natural
Resources.
The Board’s rules appear at Chapter I of each of the Subtitles.
Section 2 175.500
SUBPART E:
RULEMAKING
Proposals
a)
Rulemaking procedures are set out in 35
Ill.
Adm. Code
102.
b)
Proposals for the adoption, amendment or repeal of a substantive
regulation may be made by the Environmental Protection Agency
(Agency), the Illinois Department of Natural Resources (Department), the
Board or any member of the public.
Proposals made by the Agency,
Department or Board are automatically scheduled for hearings.
e)
In the case of aproposal made by amember of the public, the proposal
must be
accompanied by apetition signed by 200 persons, specifying
home addresses, unless that requirement is waived by the Board.
When
the proposal is accompanied by apetition, 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
16
reasons.
The proponent will be notified of an adverse decision and ofthe
reasons for such a decision.
Section 2175.505
Initial Hearing
a)
All hearings on regulatory proposals are conducted according to 35
111.
Adni. Code 102.
These hearings are open to the public, and at such
hearings, the public is permitted to examine the record, examine witnesses
(except as
limited by the Hearing Officer), testify
and submit evidence.
b)
Unless otherwise directed by the Hearing Officer or the Board, the record
remains open for public comment for aminimum of
14 days following the
close ofthe hearing.
Any person may make a written submission on the
proposal within this period or during the first notice period pursuant to the
Administrative Procedure Act (APA)
(5
ILCS
100/5-5
et seq.).
Section 2175.510
First Notice
a)
The Board may adopt aproposed rule for firstnotice pursuant to Section
40 of the APA at any time after aregulatory proceeding is initiated
(5
ILCS
100/5-40).
Generally the Board does not proceed to firstnotice 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 aright to comment on the proposed rules during the first
notice period and retains all other rights set out in Section 40 ofthe APA
(S
ILCS
100/5-40).
c)
Pursuant to the Section
28 of the Illinois Environmental Protection Act,
the Board may, in general, revise the proposed regulation before adoption
without conducting fbrtherhearings (415 ILCS
5/28).
Section 2175.515
SecondNotice
a)
Upon termination of the first notice period, the Board may adopt the
proposal for second notice pursuant to
Section 40 ofthe APA (5 ILCS
100/5-40),
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.
17
Section 2175.520
Adopted Rules
a)
At the conclusion of the second notice period the Board may adopt a final
opinion and order adopting the new rules and setting forth the reasons for
adoption.
b)
‘I’he adopted rules are then filed with the Secretary of State and are
published in the
illinois Register
along with supporting information.
Section 2175.525
Emergency Rules
Pursuantto the Illinois Emergency Services and Disaster Act of 1975
(65
ILCS
5/1),
on proclamation by the Governor, that a disaster emergency exists, or when
the Board finds that a severe publichealth emergency is involved in relation to
any proposed regulation, thensuch regulation shall take effect without delay and
the Board may proceed with the required economic impact hearings while the
regulation continues in effect.
When such an emergency exists the customary 45
day noticeprovision is waived; however, notice and text of the emergency rule
must be published in the
illinois Register.
An emergency rule is effective for a
maximum period of 150 days pursuantto
Section 45
of the APA (415
ILCS
5/45),
but it may be adoptedas apermanent rule by following usual rulemaking
procedures.
Section 2175.530
Peremptory Rules
When the Board is required by federal law, federal rules and regulationsor by a
court order to adopt acertain rule, that rule need not be published in the
illinois
Register
until it has been adopted pursuant to Section 40 ofthe APA
(5 ILCS
100/5-70.)
However, notice and text of the adopted rule must be published in the
illinois Register
pursuant to Section 70 of the
MA. (5 ILCS
100/5-70.)
Section 2175.535
Adoption of Federal Regulations
The Hoard adopts regulations in the following programs pursuant to Section 7.2 of
the Illinois Environmental Protection Act (415 ILCS 5/7.2) that are identical in
substance to federal regulations and which are exempt from Sections
5-35
and
5-
40 of the Administrative Procedure Act
(5
ILCS
100/5-35
and 5-40):
a)
Exemptions from the definition of volatile organic material:
Section
9.1(e) of the Illinois Environmental Protection Act (415 ILCS 5/9.1(e),
b)
Underground injection control (UIC):
Section 13(c) of the Illinois
Environmental Protection Act (415 ILCS
5/13(c),
18
c)
Wastewater pretreatment:
Section
13.3 of the Illinois Environmental
Protection Act (415 ILCS
5/13.3),
d)
Safe Drinking Water Act (SDWA):
Section 17.5 of the Illinois
Environmental Protection Act (415 ILCS
5/17.5),
e)
Resource Conservation and Recovery Act Subtitle C hazardous waste
(RCRA Subtitle C):
Section 22.4(a) of the Illinois Environmental
Protection Act (415 ILCS 5/22.4(a)),
f)
Resource Conservation and Recovery Illinois Environmental Protection
Act Subtitle I underground storage tank (UST):
Section 22.4(d) of the
Illinois Environmental Protection Act (415 ILCS 22.4(d)),
g)
Resource Conservation and Recovery Act Subtitle D municipal solid
waste landfills (RCRA Subtitle D):
Section 22.40(a) of the Illinois
Environmental Protection Act (415 ILCS 5/22.40(a)).
SUBPART F:
ADJUDICATORY PROCEEDINGS
Section 2175.600
Adjudicatory Proceedings
a)
The Board is authorized to hearthe following types of adjudicatory cases.
See 35 Ill. Adm. Code
101-120 forprocedural rules governing the
processing of these cases.
1)
EnforcementAction.
The Illinois Attorney General or any person
may initiate an enforcement action by the filing of acomplaint
pursuant to Section
31 of the Illinois Environmental Protection Act
(415 ILCS 5/3 1).
2)
Permit Appeal.
Any person who has been denied apermit or who
has beenissued
a
permit by the Illinois Environmental Protection
Agency pursuant to Section
39 of the Illinois Environmental
Protection Act (415 ILCS
5/39)
with one or more conditions to
which that person objects may file apetition with the Board for a
review of the Agency’s action.
3)
Pollution Control Facility Siting Review.
An applicant for local
siting approval of apollution control facility who has been denied
such approval by a county board or the governing body of a
municipality or third party who participated in the public hearing
conducted by a county board or the governing body of a
municipality may contest that decision by filing a petition for
19
hearingpursuant to Section 40.1(a) of the Illinois Environmental
Protection Act (415 ILCS
5/40.1(a)).
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 Environmental
Protection Act (415 ILCS 5/37).
5)
Trade Secret Determination.
Anyperson who is adversely
affected
by a trade secret determination made by the Illinois Environmental
Protection Agency or the Illinois Departmentof Natural Resources
may contest that determination to the Board.
6)
Appeal of OSFM Denial of Eligibility to UST Program.
Owners
or
operators of underground storage tanks who have been denied
eligibilityto access the underground storage tank reimbursement
fund by the Office of State FireMarshal may petition for review
pursuant to Section 57.9(c) of the Illinois Environmental
Protection Act (415 ILCS 5/57.9(c)).
7)
Appeal of Agency Decisions Regarding UST Program.
Owners or
operators of underground storage tanks whohave beendenied
reimbursement by the Agency may petition for reviewpursuant to
Section 40
of the Illinois Environmental Protection Act (415 ILCS
5/40).
8)
Pollution Control Facility Certifications.
Application for a
pollution control facility certificate demonstrating thata particular
facility is entitled to tax treatment as a pollutioncontrol facility as
defined in Section 11-10 of the Property Tax Code may be filed
with the Board pursuant to Sections 11-25 and 11-30 of that Code
(35
ILCS 200/11-25 and
11-30).
9)
Administrative Citations.
The Agency or aunit of local
government delegated authority by the Agency, may issue
administrative citations for violations of the Illinois Environmental
Protection Act,
Sectioll
21, and these
citations
shall be enforceable
by filing copies with the Board pursuantto
Section
31.1 of the
Illinois Environmental Protection Act.
(415 ILCS 5/31.1) The
respondent named in the administrative citation may file a petition
for review with the Board.
10)
Water Well Setback Exceptions.
A water well owner may petition
the Board for an exception from the water well setback
requirements of the Illinois Environmental Protection Act by filing
20
a petition with the Board and the Agency pursuant to Section
14.2
of the Illinois Environmental Protection Act. (415
ILCS 5/14.2.)
11)
Other.
Any other proceedings which are authorized by the Illinois
Environmental Protection Act or procedural rules may be brought
before the Board pursuant to statutory authority andany Board
regulations adopted thereunder.
LI
APPENDIX A
ORGANIZATIONAL CHART
22
IT IS
SO ORDERED.
I, Dorothy M. Gunn, Clerk ofthe Illinois Pollution Control Board, hereby certify
that the above opinion and order was adopted on the
/ ~
day of
______________
996, by a vote of
Dorot~~n,~k
~
Illinois Pollufi6n Control Board
