ILLINOIS POLLUTION CONTROL BOARD

March 19, 1987

R82—27

R82—36

 Consol.

R83—3&37

ORDER OF THE BOARD (by J. Theodore Meyer):

Part 101

 of 35

 Iii. Adm.

 Code Subtitle A entitled “General

Rules”

 is hereby approved

 for first notice publication.

 However,

the Clerk

 is directed

 to hold the rules back from first notice

publication’ until such

 time as the remaining rules

 in this

subtitle are similarly approved.

The rules as approved

 follow:

TITLE

35:

 ENVIRONMENTAL PROTECTION

SUBTITLE A:

 GENERAL PROVISIONS

CHAPTER

I:

 POLLUTION CONTROL BOARD

PART 101

GENERAL RULES

SUBPART A:

 GENERAL PROVISIONS

Section

101.101

101 .102

101.103

101

104

101.105

101 .106

101.107

101.108

101.109

101.110

Applicability

Definitions

Filing

Form of Documents

Computation of Time

Appearances

Public

 and Non—Disclosable Information

Publications

Board Meetings

Informal Complaints

SUBPART B:

 CANONS OF ETHICS

F~~e4e~B

 e~esi~e(Repealed)

Ex parte Contacts

p~epe~

P

 ~4e4~y Hearing Decorum

SUBPART

C:

 JUDICIAL REVIEW

IN THE MATTER OF:

PROCEDURAL RULES

Section

101.120

101

121

101.122

76-430

—2—

Section

101.140

 Review of Final Orders and Stay Procedures

101.141

 Interlocutory Appeals

APPENDIX

 Old Rule Numbers Referenced

 (Repealed)

AUTHORITY:

 Authorized by Section 26 of the Environmental

Protection Act

 (Ill.

 Rev.

 Stat. 19~5,ch.

 1111h_, par.

 1026);

and

implementing Sections

5,

 7.1,

27,

28,

29,

31,

32,

33,

35,

36,

37,

38,

 40 and 41 of the Environmental Protection Act (Ill.

 Rev.

Stat.

 1985,

ch.

 lii1j~, pars,

 1005,

 1007.1,

 1027,

 1028,

 1029,

 1031,

1032,

 1033,

 1035,

 1036,

 1037,

 1038,

 1040 and 1041);

 and Section

4

of “An Act

 in relation

 to natural resources,

 research, data

collection and environmental studies,”

 approved and effective

July 14,

 1978,

 as amended

 (Ill.

 Rev.

 Stat.

 1985,

 ch. ~

 par.

7404).

SOURCE:

 Filed with Secretary of State January

1,

 1978;

 codified

6 Ill.

 Reg.

 8357;

 amended in R82—27,

 R82—36 and R83—37 at

Ill.

 Reg.

________,

 effective __________________________

TITLE

35:

 ENVIRONMENTAL PROTECTION

SUBTITLE A:

 GENERAL PROVISIONS

CHAPTER

I:

 POLLUTION CONTROL BOARD

PART 101

GENERAL RULES

SUBPART

A:

 GENERAL PROVISIONS

Section 101.101

 Applicability

a)

 This 8hep~e~Subtitle governs the practices and

procedures of the Board and

 all proceedings conducted by

the Board.

 Unless

 the contrary

 is clearly indicated,

all references

 to “Parts”

or

 “Sections” are

 to Illinois

Administrative Code, Title

35:

 Environmental

Protection.

 For example,

 “Part 309”

 is 35 Ill. Adm.

Code 309,

 and “Section 309.101”

 is 35 Ill. Adm. Code

309.101.

b)

 The provisions contained

 in this Subtitle are

in

addition

 to the provisions contained

 in the Illinois

Administrative Procedure Act (Ill. Rev.

 Stat.

 1985,

ch.

 127, pars.

 1001 et seq.).

(Source:

 Amended

at

_____

 Ill.

 Reg.

_______,

 effective

Section 101.102

 Definitions

76-431

—3—

As used

in

35

 Ill.

 Adm.

 Code Parts 101-46320

 the following terms

mean:

“Act” means the Environmental Protection Act (Sections

1—51) e~de34 e~en~et’~e~e~e(Ill.

 Rev.

 Stat.,

ch.

pars.

 1001—1051 e5 emea~ed).

“Agency” means the Illinois Environmental Protection

Agency.

“Board” means

 the Illinois Pollution Control Board.

“Chairman” means the Chairman of the Board.

“Clerk” means the Clerk

 of the Board.

“Contested Case” means an adjudicatory proceeding,

not

including regulatory, quasi—legislative,

 informational

or

 similar proceedings.

“DENR” means

 the Illinois Department of Energy and

Natural

 Resources, formerly the Institute of Natural

Resources.

~Bepe~ei’t+~ “DNS” means

 the Illinois Department of

Nuclear

 Safety.

“Document” means pleading, notice, motion, affidavit,

memorandum, brief,

 petition, or other paper

or

combination

 of papers required

 or permitted to be filed.

“Econ6mic Impact Study” means the

 study prepared

 by ~1’~e

 DENR

 in accordance with Ill.

 Rev.

 Stat.

193985,

 ch. ~

 par.

 7404.

“Environmental Register” means the official Board

publication containing

 information and legal notices

regarding Board activities.

“Hearing Officer” means

 a person duly qualified and

designated as

 a Hearing Officer under Section 5(a)

of

the Act.

~

 meei~s~

 ~44i’te4sSep

 ~men~ ef

E~e~gy

e~’t~

 Ni~e3 Reset~eee7~e~ei~3y ~the

 4~t~e

e~fNa~t~e~

 Rese~feee~-

“Person” means

 any entity defined

 in Section

3

 of the

Act.

“NPDES” means

 the National Pollutant Discharge

Elimination System

 for issuing, establishing conditions

for,

 and denying permits

 under Section 402 of

the

 Clean

76.432

—4—

Water Act -(9~—5&G-)~(33 U.S.C.

 Sections

 1251, 1342).

All

terms used in connection with NPDES which have been

defined

in

 the Clean Water

 Act or regulations adopted

thereunder

 shall have the meanings specified therein,

unless specifically noted otherwise.

“NPDES Permit” means

 an NPDES permit issued by the

Agency or

 the United States Environmental Protection

Agency.

“RCRA”

 means

 the Solid Waste Disposal Act, as amended b~

the Resource Conservation and Recovery Act of 1976

(42

U.S.C.

 Section 6901 et seq.).

“SDWA”

 means

 the Safe Drinking Water Act

 (42 U.S.C.

Section 300f et seq.).

“UIC” means the Underground Injection Control

 Program

under Part

 C of the Safe Drinking Water Act

 (42 U.S.C.

Section 300h

 et seq.).

“USEPA” means

 the United States Environmental Protection

Agency.

(Source:

 Amended

at

 Ill.

 Reg.

________,

 effective

__________)

Section 101.103

 Filing

a)

 Docuir~entsand requests permitted

 or required

 to be

 filed

with the Board

or

 its Clerk shall

 be addressed and

mailed

to

 or filed with the Clerk at: ~theeff4ee

P1~eeff4ee e~~eeeof ~e

e~e~rk

 4s 389 Wee~

We4~ei~ S~ee~b7St~e368~eee~o~

H3~ne4~s

68686

100 West Randolph, State of Illinois Center,

 Suite 11—

500,

 Chicago,

 Illinois 60601.

 The office of the Clerk

is open for filing,

 inspection,

 and copying of documents

from 8:30 am,

 to 5:00 pm.

 Monday through Friday,

except

 for national

 and state

 legal holidays.

b)

 Filings received after 5:00 p.m. will be date—stamped

the following business day.

(Source:

 Amended

at

 Ill.

 Reg.

_______,

 effective

)

Section 101.104

 Form of Documents

a)

 Documents shall

 clearly show the file or docket number

and the title of the proceeding

 w44.h

 in which

 they are

filed, and shall ~e ‘~e4~e~bear a heading which

describes the nature of the relief sought such as,

but

76.433

—5--

not limited

 to, “Petition for Amendment

 to Regulation,”

“Complaint,” “Petition for Variance,”

 “Petition for

Review,”

 “Motion,”

or

 “Public Comment.”

 e-r ei~ye4.~e~

4’~eo~4~

 w1~4’e1~deee~4~ee

 +A’~e

i’~e~ti~e

-~4’~e

 -~e34ef5e~b~

b)

 Except as otherwise provided,

 10 copies of all documents

shall

be

 filed with the Clerk.

 Only two copies of any

discovery motion, deposition,

 interrogator-4e5~7answer

to interrogator4ee~yor

 subpoena or public comment under

 5 pages need be

 filed with the Clerk,

c)

 Documents,

 excluding exhibits,

 shall

 be typewritten or

reproduced from typewritten copy on unglazed white paper

of g~reater than 12 pound weight and measuring 8”

x

or

 8½’

x

 11”.

 Reproductions may be made by carbon or

electrostatic copying machine or any other process that

produces legible black—on—white copies.

 All documents

shall

 be fastened on the left side or

 in the upper

 left

hand corner.

 The left margin of each page shall

 be at

least

?-/2

inches

and

the

right

margin

least

one

inch.

The

Board

may

make

exception

from

these

requirements.

~e-r

e4t4~efl ee~p4i~s~~

d)

 Exhibits, where possible, shall be reduced

 to conform

to

the size requirements of subsection(c), provided

however, that at least one non—conforming copy may be

filed with the Clerk’s office.

ed)

 One copy of each document filed i~ee~

 shall

 be signed by

the party or by his authorized representative or

attorney.

 The f4~~~Documents filed

 in any cause e~

f4re~tee~,ed

t~pei’~

 +.1~eeppes4#e pe~y shall

 bear the

business address and telephone number,

if

 any, of the

attorney filing

 the same,

or

 of the party who appears

4on his or her own p-repe~

pe~se~-

 behalf.

fe)

 Except as otherwise provided by Ill. Rev.

 Stat.

 193985,

ch.

 116,

 pars.

 35—39, or by leave of the Board,

documents

 on microfiche are not acceptable for filing.

The Clerk may refuse

 to accept

for

 filing any document

which fails to comply with the

 form requirements of this

Section.

(Source:

 Amended

at

 Ill.

 Reg.

_______,

 effective

_________

Section 101.105

 Computation

 of Time

a)

 Computation of any period

 of time prescribed by these

rules or

 the Act shall begin with the first ~s4ness

calendar day following the day on which the

 act,

 event,

76-434

—6—

or development occurs and shall

 run until

 the end

 of the

last day, or

 the next following calendar ~t~54~eeeday if

the last day is

 a Saturday, Sunday, or legal

 holiday~-as

defined or

 fixed

 in any statute now or hereafter

in

force

in

 this State.

 Where

 the period of time

 is f4i’e

seven days or less, Saturdays,

 Sundays and legal

holidays shall

 be excluded

 in the computation of time~~

but

 in no event

 shall such period of time total more

than ten days.

b)

 Notice requirements shall

 be construed

 to mean notice

received, but proof that notice was sent by means

reasonably calculated

 to be received by the prescribed

date

 shall be prima facie proof that notice was timely

received.

(Source:

Amended

Ill.

Reg.

_______,

 effective

_________

Section

101.106

Appearances

a)

 Any person entitled to participate

 in Board proceedings

shall appear

as

 follows:

1)

 A natural person 4on his own behalf or by an

attorney at law licensed

 and registered

 to practice

in the State of Illinois,

 or both.

2)

 A corporation,

 in contested cases, by an attorney

at law licensed and registered

 to practice

in

the

State

 of Illinois.

38)

 Any other person through any bonafide officer,

employee, or representative or by an attorney

licensed and registered

 to practice

 in the State

of

Illinois, or both.

b)

 Attorneys not licensed

 and registered

 to practice

 in the

State of Illinois may request

 to appear on

 a particular

matter on motion filed with the Board.

c)

 An attorney appearing

in

 a representative capacity shall

file

 a written notice of appearance with the Clerk,

together with proof of service on

 all parties or their

respective attorneys.

Section 101.107

 Public and Non—Disclosable Information

a)

 The Board

 shall maintain files containing

all

information submitted

 to or produced by the Board or

any

of

 its members relating

 to matters within

 the Board’s

76-435

—7—

jurisdiction.

 Without limiting

 the foregoing, the files

shall

 include:

 pleadings,

 motions,

 notices, minutes,

transcripts, exhibits, orders and opinions, proposed and

adopted regulations, communications to or

 from the Board

any

Board

Member,

the

Environmental

and

other Board releases, business records,

 informal

complaints,

 and such internal communications filed

at

the request of any Board Member,

b)

 All such files

 shall

 be open

 to reasonable public

inspection and copying,

 except material which

constitutes an internal communication by the Board

or

a

Board Member or which isprotected from public

disclosure under

 the provisions of

35

 Ill. Adm. Code

Part 120

 or which is stamped “Not Subject

 to Disclosure”

by Board Order. Ne4 &t~ee~~e d45eleou-l’e Only the

following materials may be

 so stamped by the Board:

-3~-~

 fe~4c~ wi~4ehee

 ~4~t,~teoe ~ede

 oee~e~t

12)

 Information privileged against introduction

in

judicial proceedings;

3+

 ~t’t~e~i’Le3

 eouee~4ei’~o~y ~theBee-~~

24)

 Information concerning

 secret manufacturing

processes

 or confidential data submitted by any

person under

 the Act; and

3S)

 Income and earnings data when not an issue

in

the

proceeding.

c)

 B~eep~4n

~1~e eeoc

 of 4e~t~e3co

 4ee~~4et~s7

 ~Materia1

shall be stamped “Not Subject

 to Disclosure” only upon

written application at the time the material

is

submitted.

 Procedures governing the identification and

protection of trade secrets are found

 at Part 120

of

these

 rules.

 An application

 for nondisclosure other

than pertaining

 to trade secrets shall contain the

following:

1)

 Identification of the precise material,

 or parts

of

material,

 for which nondisclosure is sought;

2)

 Indication of the particular nondisclosure category

into

which

the

material

falls;

and

concise

statement

the

reasons

for

requesting

nondisclosure.

The

application

shall

verified

and

contain

such

data

and

 information as

will

apprise the Board of the nature of the material

for

which

nondisclosure

sought,

the

reasons

why

76-436

—8—

nondisclosure

necessary,

and

the

number

and

title

all

persons

familiar

with

such

information,

and

how

long

the

material

has

been

limited

feE

from

disclosure.

single

copy

the

material

for

nondisclosure

shall

 be filed with the Clerk with the application

and shall be available for examination only by

Board Members.

 The Board, by resolutionL may

authorize employees

 or staff

 to view nondisclosable

material

 for the purpose of assisting the Board

in

its

deliberations.

The

Clerk

shall

maintain

log

all

persons

who

have

viewed

the

non—disclosable

material.

The

 Board shall promptly rule on every

application and inform the applicant of its

decision.

 An op 14~ee~4en

 o1’~e34bet’

Public

inspection of the material for nondisclosure shall

be barred

 until

 the application has been disposed

of by the Board

 and the time for appeal has run.

The Board may enter conditional nondisclosure

orders allowing withdrawal by the applicant of the

material covered

 by such order,

 at which time the

Board’s ruling on the application shall

 be based on

the record excluding the material

 so withdrawn.

~n~et’~e3cc

 t~n4ee44onsi~ioy be s~e~pe~

 -~Ne~St~b~ee~

~e

B4oe3cour&1

eny

Beet’~Me~bet’e~ ‘eny

 ~-~e o~b~ec~

~o

-fev4ew

~1’te Beet’~sb~ee~ ~e

t’e~’4ew by

Beet’&

do)

 The Clerk shall maintain

 a comprehensive index of all

Board

 files open

 to public

 inspection.

ef-~

Reeooneb~e eepy~n~fee4~4~4eo&~efl be

e~e4-3eb~ee~+~e

Beet’s

eff4eeo-

Re~t~eo~e

me43

~be

~tenot’ed--

All

files, records and data may be copied at Board offices

in Chicago upon payment of reasonable reproduction fees

to be determined by the Board.

 A o4n~3eop~4e~et’

et’def Requests for copies totaling less than 25 pages,

will

be

 furnished on request without cost.

 t’espee~ve

Re~t~ee~o

fet’

~t2~4p3e

ep4Meno

et’~et’o

-38 po~eoor

-~eoo sbeH

ft~t’M&’~e~

w4thot~

eco~

All

other

Rrequests

for

ftu3~-4p-3eep~n4ei’~oen~

ot’~ero copies

~o-~e34ng

~ere

then

pe~es shall

e honored upon payment of

 a reasonable cost

to be determined by the Board. p4t~o~e444n’gees~o-

Hewe~er7~The Board reserves the right

 to contract wi~th

prefeso4one3

t’ept’edt~e~4enoet’~~4eefor

any

copying

that

would

impose

substantial

administrative

burden

the

Board

and

charge

the

requesting

party

the

reproduction

en~ ~eie44in~

costs

incurred,

~1~e Bee-rth-

Requests

 for copies will be

 honored

 in as timely

a

manner

possible.

Requests

for

transmittal

copies

76-437

—9—

by mail will be honored

but

the

Board

 reserves the right

charge

 the requesting party for the mailing costs

incurred.

(Source:

Amended

____

Ill.

Reg.

________,

effective

____________)

Section

101.108

 Publications

The Board

 shall publish at least once every month an

Environmental Register containing notices of meetings, hearings,

and reports of Board activities.

 One copy

shall

 be sent without

charge

anyone

requesting

it.

 Copies of the Act and

regulations

proposed

and

 force

effect

shall

provided

without

charge

reasonable

quantities

mail

and

Board

offices.

The

Board

shall

publish

regularly

its

decisions

and

orders,

which

subscribers

may

buy

and

receive

mail

reasonable

cost.

(Source:

Amended

Ill.

Reg.

______,

effective

___________)

Section 101.109

 Board Meetings

a)

 All decisions of the Board

 shall be made at meetings

open

 to the public.

Three

Four

members

the

Board

shall constitute

 a quorum,

 and ~threefour affirmative

votes shall be required

for

 any final determinations of

the Board, except

in

 a proceeding

to

 remove

 a seal under

Section

 34(d)

 of the Act.

b)

The

 Board shall hold

 at least one meeting

 a month and

shall adopt at the beginning of each calendar

 or fiscal

year

schedule

meetings

which

shall

appear

least

once

its

 minutes and Environmental Register.

 Special

meetings

may

 be called by the Chairman or by any two

Board

Members

 upon delivery of

hours’

written

notice

the

office

each

member.

Public

notice

all

opee-ie3

meetings

shall

given

least

hours

advance of each meeting by posting at the Board’s

offices.

 The public

 notice shall

 include the agenda for

the meeting.

 In emergencies

 in which

 a majority of the

Board certifies that exigencies of time require o

-spee4e4 mee~4n~~o be he4d 4e~4°~e4yT

 the requirements

of p~ub1icnotice and 24

 hour written notice to members

may be dispensed with,

 and Board Members shall receive

such notice as

 is reasonable under

 the circumstances,

of e~en~es

 -in the ~regu4o-r

eieeb4n~ oebe~t~4e

e1~e44

 ~4’qen4n ~the

monne~r ttoed

fo-r

opee4e4

~ee~4ngo-~-

c)

 The Board

 shall keep

 a complete and accurate record of

all meetings including

 the votes of individual members

on

 all adjudications and proposed regulations.

76-438

—10—

(Source:

 Amended

at

____

 Ill. Reg.

_______,

effective

_________)

Section 101.110

 Informal Complaints

Informal

ecomplaints

received

the

Board

against

particular

pollution

sources

shall

filed

with

the

Clerk,

who

shall

maintain

 a file and index

 of such complaints.

 No hearing shall

be

 scheduled upon the filing of an informal complaint,

 but Pthe

Clerk

shall

send

copy

the

complaint

the

Attorney

General

and

 to the Agency or DNS depending on the nature of the complaint

and request

 a response

to

 the Board.

 At the time of the filing

of

 the informal complaint,

 the Clerk

 shall

 notify the complainant

of his or

her

 right

 to commence an enforcement proceeding

pursuant to 35

 Ill.

 Adm. Code 103 by filing

 a formal complaint

and shall provide

 a form on which a formal complaint may be filed

with the Clerk.

(Source:

Amended

Ill.

Reg.

_______,

effective

___________)

SUBPART B:

 CANONS OF ETHICS

Section 101.120

 Financial Disclosure

 (Repealed)

Beord Me~boro-sho44 ce~p4y

w4~

f4nei~e4e1 ‘d4ee4eot~re re~t,4rei~enko

co pre~4dedby E~ewend

 eet~ve

er~er-

(Source:

Repealed

at

 Ill.

 Reg.

________,

effective

_________)

Section 101.121

 Ex parte Contacts

a)

 Contested Case Proceedings.

 No Board Member,

 hearing

officer,

or

 employee of the Board shall communicate ex

parte, directly or

 indirectly,

 with any person not

employed by the Board with respect to any e~t~dee+~e

contested

case

proceeding

pending

before

the

Board.

parte

contacts

with

respect

individual

 pollution

sources which may become the subject of such

a

 proceeding

 are permissible to the extent that

information so received

 is relevant to possible

rulemaking proceedings,

 but caution shall

 be exercised

Board

Members

and

employees

avoid

prejudging

the

merits of any potential individual case.

 Nothing

in

this section shall

 preclude Board Members, hearing

officers,

 employees from receiving

 informal

complaints about

 individual pollution sources

in

accordance

with

Section

101.110,

forbid

such

administrative contacts as would be appropriate

for

judges

 and other

 judicial officers.

b)

 Non—contested Case Proceedings.

 Board Members and

employees should

 not permit ex parte contacts designed

to influence his or

 her action

 in any regulatory

76-439

—11—

proceeding

 after docketing and authorization of

hearings.

 In the event such an

 ex parte contact does

occur, Board Members and employees shall make every

reasonable

effort

assure

 that ony e~por~esuch

communications

w4~threepect

coned

d4eet4~~e

p-roeeed4n~obecome a matter of public

 record,

 in order

that information on which the Board bases its decisions

can be subject

 to scrutiny and

 to rebuttal.

 Whenever

practicable,

 communications shall be

 in writing and

addressed to

 the Board

 rather

 than to individual

members.

(Source:

Amended

 Ill. Reg.

 effective

__________)

Section

101.122

~mproper

Pt~b44e4ty Hearing

Decorum

Hearings

should

conducted

with

fitting

dignity

and

decorum.

 Any person may record

 the proceedings by tape,

film or other means1 provided however

 that the Hearing

Officer may prescribe reasonable rules

 to govern the

right to make such recordings.

 ferb4d +he te4~c~g

 ‘of

p~otegrep~ioer

~the

brcedeeo4.4ng

er

te4e~4e4ng

-of

e14

pert of ~the

prceeed4n~o

wl’~44e~the

hee-r4n~ 4e

 be4ng

condt~eted 4f

l’te

f4nds

4A~eteue1~eet4~v4t4eo de’~reet

~frem

the

d4gn4ty

4A’~e proeeed-in~s or

 t~nd~3y

d4otroe~

port4e4pento end w4tneoeeo 4n ~4,4n~ teot4t~ieny~If

a

witness refuses

 to testify on the grounds that he or

she

may not be compelled

 to testify

 if any portion of the

witness’

 testimony is

 to be broadcast or

 televised or if

motion pictures are

 to be taken of the witness while the

witness

 is testifying the Hearing Officer shall prohibit

such recording during the testimony of the witness.

b)

 Parties

 in proceedings brought •before the Board

 shall at

all

 times conduct themselves with the same degree of

dignity and respect that they would before

 a court.

(Source:

 Amended

at

 Ill.

 Reg.

_______,

 effective

__________)

Section 101.140

 Review of Final Orders and Stay Procedures

a)

 Review of final

 orders of the Board

 in re~4eterynon—

contested and e

 t~d4eeterycontested case proceedings

shall

 be pursuant

 to Sections

 29 and 41 of the Act

respectively and

 to Rule 335 of the Rules of the Supreme

Court of Illinois end eny emendifiento thereto and the

Administrative Review Act Law

 of the State of Illinois,

as amended

 (Ill.

 Rev.

 Stat. 193985,

ch.

 110, pars.

264

3—101

et.

seQ.)..

76-440

—12--

Procedure

for

stay

any

order

the

Board

upon

appeal

shall be as provided

 in Rule 335 of the Rules of the

Supreme Court of Illinois. end o~endt~ento

 the-rete~

 For purposes of judicial review,

 Board action becomes

final

upon

enactment,

upon

subsequent

Board

action

any

Motion

Reconsider

under

Seet4en

Ill.

Adm.

Code

103.240.

(Source:

Amended

Ill.

Reg.

effective

_________)

Section

101.141

Interlocutory

Appeals

a)

 When the Board,

 in making an interlocutory order

not

otherwise appealable,

 finds pursuant to Rule 308 of the

Rules of the Supreme Court of Illinois that the order

involves

 a question of law as to which there

is

substantial ground

 for difference of opinion and that an

immediate appeal from

 the order may materially advance

the ultimate

 termination of the litigation,

 the Board

may so state

 in writing, identifying the question of law

involved,

its

own

motion

 or on motion of any party.

Appeal

such

interlocutory

order

the

Board

shall

accordance

with

 Rule

308

the

 Rules of the Supreme

Court of Illinois.

(Source:

 Added

at

 Ill.

 Reg.

effective

)

APPENDIX

(Repealed)

OLD

RULE

NUMBERS

REFERENCED

The

fe41ew~n~teHe

pre~4ded to

o4d

refe-rene4n~

old

Beerd

-rt~lent~mbero to

section

numbers

pursuent

eed4f4cet4en-~-

Chepte-r

ocedurol

Rules

H1-~Adm~ Code

Parts

Part

 General Rules

 Part 461-.

 General

Rules

Rule

464

Section

461--181

Rule 182

 Section I61-~62

Rule 183

 Seetion 18l-483

Rule 164

 Section lOl-464

Rule

165

Section

40l-~-l65

Rule

166

Section

lGl--186

Rule 183

 Seetien 181-~-163

Rule

168

Section

1Gl-488

Rule 169

 Section 401-~-189

Rule 440

 Section 161-I46

76.441

—13—

Rule

881

Section

lOl429

Rule 802

 Section 18l-~32l

Rule

883

Section

18l-~l22

Rule

981

Section

l0l~4G

(Source:

Repealed

Ill.

Reg.

_______,

effective

_________)

IT

 IS SO ORDERED.

B.

 Forcade concurred.

I,

 Dorothy M.

 Gunn,

 Clerk of

 the Illinois Pollution Control

Board,

hereby

certify

that

the

above

Order

was

adopted

the

day

_________________,

1987,

vote

Dorothy M./Gunn,

 Clerk

Illinois Pollution Control Board

76.442