ILLINOIS POLLUTION CONTROL BOARD
November 7, 2002
IN THE MATTER OF:
REVISION OF THE BOARD’S
PROCEDURAL RULES: 35 ILL. ADM.
CODE 101-130
)
)
)
)
)
R03-10
(Rulemaking - Procedural)
Proposed Rule. First Notice.
OPINION AND ORDER OF THE BOARD (by C.A. Manning):
The Board today proposes new procedural rules for first notice publication in the
Illinois
Register
. Upon final adoption, the proposed rules will accomplish two primary objectives. First,
the rules will allow electronic filing in all Board proceedings through the Board’s new Clerk’s
Office On-Line or “COOL.” With COOL and other technological advances, no paper filing will
be required for a document filed electronically, and a paper filing will necessitate only the
original and one copy, without the multiple copies currently required. Second, the rules will
reflect recent amendments to the Environmental Protection Act (415 ILCS 5 (2000),
amended by
P.A. 92-0574, effective June 26, 2002) and the Administrative Procedure Act (5 ILCS 100
(2000),
amended by
P.A. 92-0330, effective August 9, 2001).
The Board sets the following schedule for public hearings and public comments on this
proposal:
PUBLIC HEARINGS
DECEMBER 12, 2002
1:00 p.m.
Pollution Control Board Hearing Room
600 S. Second Street, Suite 403
Springfield, Illinois 62704
DECEMBER 19, 2002
1:00 p.m.
James R. Thompson Center
100 W. Randolph Street, Suite 9-040
Chicago, Illinois 60601
WRITTEN PUBLIC COMMENTS
Filing Deadline: January 21, 2003
Where to file: Office of the Clerk
Pollution Control Board
James R. Thompson Center
100 W. Randolph Street, Suite 11-500
2
Chicago, Illinois 60601
The Board intends the hearings to be as effortless as possible for the participants. No
prefiling will be necessary. The purpose of the hearings is to demonstrate the operation of the
Board’s new Web-based electronic file management system, called COOL, and to accept any
oral comments into the record. The Board will make the transcript of each hearing, as well as all
public comments, available on the Board’s Web site (www.ipcb.state.il.us).
In this opinion, the Board first sets forth background information on COOL, followed by
an overview of the technology used for electronic filing. The Board then explains the proposed
procedural rule changes to allow documents to be filed and served electronically. Lastly, the
Board summarizes other proposed changes to the rules necessitated by statutory amendments.
BACKGROUND ON COOL
Based on a 2001 national survey conducted by The Progress & Freedom Foundation and
the Center for Digital Government, Illinois now ranks first among the 50 states for using digital
technology to make government more accessible and to improve government services. The
Board has been a state leader in advancing the use of technology (a) to increase the public’s
knowledge of Illinois environmental laws and regulations, and (b) to encourage and simplify
public participation in Board proceedings. For some time now, the public has been able to
access various Board-created documents on our Web site: environmental regulations, proposed
regulations, public comments in regulatory proceedings, meeting agenda and minutes, hearing
transcripts, and opinions and orders. The new COOL electronic file case management system
takes the concept of public participation a major step forward, breathing renewed life into the
concept of public participation in state environmental decision-making -- a concept which has
been at the foundation of the Environmental Protection Act since its inception in 1970. Located
on the Board’s Web site, COOL will allow 24-hour electronic access to the entire public case file
– not just Board-created documents, but documents filed with the Board as well. Further, COOL
will permit public access to case docket information, thereby allowing interested persons to
follow the progress of all pending proceedings. Additionally, and perhaps most importantly,
COOL will allow parties and participants to file documents electronically with the Clerk. COOL
will be easy to use.
There will be numerous benefits from electronic filing. An electronic record of the
documents filed in a pending Board case or rulemaking will be created. This electronic “file
cabinet” for a proceeding can then be searched and reviewed on-line and also downloaded.
Another benefit will be avoiding the expense and inconvenience of copying and delivering paper
filings. The Board expects the amount of paper generated during its adjudicatory and regulatory
processes to decrease dramatically. For these reasons, the Board will encourage electronic filing
and expects that many will avail themselves of the option.
Of course, anyone will still be able to file paper documents with the Clerk’s Office.
Plans call for the Clerk’s Office to electronically scan paper documents not filed on-line, and to
place them on COOL.
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OVERVIEW OF COOL TECHNOLOGY
Persons who wish to file documents with the Board electronically must first obtain a
State of Illinois digital signature certificate, issued under the Electronic Commerce Security Act
(5 ILCS 175/1-101
et seq
. (2000)). There is no fee to obtain the certificate. The purpose of
digital signatures is to verify the identities of document senders, thereby promoting the integrity
and security of the electronic transactions.
The digital signature certificate provides the document sender with a unique
identification number and password. When a person with a certificate seeks to submit an
electronic document to COOL, the document sender will have to provide the information from
their certificate. A document cannot be electronically filed unless the person seeking to submit
the document to COOL has been issued a digital signature certificate that has not expired or been
revoked.
The subscriber agreement application for a digital signature certificate is at the following
Web site:
https://autora01.cmcf.state.il.us/
The Board’s Web site will include a link to this site. Generally, the digital signature certificate
becomes effective on the date the person submits the application at the above Web site, and is
effective for two years.
PROPOSED PROCEDURAL RULES ON
ELECTRONIC FILING AND SERVICE
New Subpart J of Part 101
The Board’s procedural rules are in Parts 101 through 130 of Title 35 of the Illinois
Administrative Code. Part 101 contains the general rules that apply to all Board proceedings,
adjudicatory and regulatory. The balance of the procedural rules (Parts 102, 103, 104, 105, 106,
107, 108, 125, and 130) govern specific types of Board proceedings.
The procedural rules that the Board is proposing today for electronic filing and service
will appear primarily in a new Subpart J of Part 101. Section 101.1000 of Subpart J provides an
overview of electronic filing and service. It states that the Electronic Commerce Security Act
specifically authorizes State agencies to receive and send electronic documents (
see
5 ILCS
175/25-101 (2000)). The section further states that the Board has taken steps to promote
efficient, reliable, and secure electronic filing, consistent with the Electronic Commerce Security
Act (
see
5 ILCS 175/1-105(3) (2000)).
Section 101.1000 states that any document to be filed with the Board may be filed
electronically. The section explains that electronic filing is not done through e-mail to the
Clerk’s Office or a hearing officer, but rather through COOL on the Board’s Web site. Section
101.1000 also states that though electronic filing is encouraged, it is not required. Rather, COOL
is provided as a public service. To that end, no malfunctioning of COOL or anyone’s computer
4
system excuses an obligation to timely file or serve a document.
See
Section 101.1000(f).
Under Section 101.1002, a person wishing to file electronically must have a State of
Illinois digital signature certificate, discussed above. Section 101.1004 sets forth the
requirements of electronically filing through COOL, including how electronic receipts work and
when an electronic document is considered filed. To file an electronic document, it must be
submitted to COOL in Word, Word Perfect, Excel, Lotus, ASCII, or Adobe Acrobat PDF,
though Adobe Acrobat PDF is the preferred format.
See
Section 101.1006. Under Section
101.1008, electronic payment of any filing fee by credit card through COOL is an option. There
is no special or additional fee for filing electronically.
In addition to filing documents electronically, parties and participants may consent, at
any time during a proceeding, to receive electronic service instead of being served with paper
documents. An electronic service consent form has been added as Appendix F to Part 101. No
digital signature certificate is required to serve or be served electronically. If a person consents
to electronic service, service by the Board, a hearing officer, or other parties and participants can
be made by e-mail. A person may revoke consent at any time by notifying the Clerk in writing.
However, complaints and administrative citations still must be served on a respondent
personally, by certified or registered mail, or by messenger service.
See
Sections 101.1010 and
101.1012.
Section 101.1014 sets forth the parameters for submitting to COOL a document claimed
to contain trade secrets or other non-disclosable information. Documents claimed or determined
to contain protected information will be publicly accessible on COOL only in redacted form.
Other Proposed Changes Relating to Electronic Filing and Service
The Board has added several definitions to Section 101.202 to assist users of COOL,
including definitions of “COOL,” “digital signature,” “electronic,” and “electronic document.”
The Board has deleted requirements to file multiple copies. To file a document with the Board, a
person must either file the document electronically or file the paper original and one copy.
See
Sections 101.302(h), 102.200, 102.208, 102.810. However, to ensure flexibility that may be
needed for a given filing, Section 101.302(h) allows the Board or hearing officer to order a party
or participant to deliver a particular filing in paper with multiple copies. The Board expects that,
at least during an interim initiation phase, paper copies of records and exhibits in various
proceedings (e.g., permit appeals, pollution control siting appeals and certain rulemakings) will
continue to be required by Board or hearing officer order.
The new rules for electronic filing and service will apply both to regulatory and
adjudicatory proceedings. In regulatory proceedings, for example, when signing up to be on a
notice or service list, a person may choose to receive electronic service of Board and hearing
officer orders and public comments, in lieu of paper service. Of course, notices, comments,
hearing transcripts, and orders in pending rulemakings are currently posted on the Board’s Web
site.
The electronic filing and service rules proposed for Part 101 also require related changes
to the Board’s rules on specific types of proceedings: rulemaking (Part 102); enforcement (Part
5
103); variances (Part 104.Subpart B); adjusted standards (Part 104.Subpart D); appeals of State
agency decisions (Part 105); proceedings pursuant to specific rules or statutory provisions (Part
106); pollution control facility siting appeals (Part 107); and tax certifications (Part 125). Part
130 on trade secrets and other non-disclosable information is amended to better accommodate
electronic documents.
Finally, for well over a decade, the Board has required that all documents filed with the
Board be filed on recycled paper. While the Board expects a drastic reduction in paper
consumption as a result of COOL, the Board retains the requirement that when filings are made
on paper, they be made on recycled paper.
See
Section 101.302(g). However, the Board deletes
the
definition
of “recycled paper” for several reasons. The term “recycled paper” is widely
recognized and its meaning is now commonly understood. So, a definition is unnecessary.
Moreover, the definition currently in Section 101.202 sets out detailed specifications for product
content that are unduly restrictive, raising concerns over the costs of compliant paper and its
ready availability in the market.
PROPOSED RULE CHANGES TO RELECT RECENT
STATUTORY AMENDMENTS
Governor George H. Ryan created the Illinois Environmental Regulatory Review
Commission (IERRC) to review and recommend improvements to the 30-year old
Environmental Protection Act. The IERRC consists of members, appointed by the Governor,
who represent the environmental community, industry, and State and local government. The
IERRC proposed many non-substantive amendments to streamline and clarify the Environmental
Protection Act. Those proposed changes were adopted in P.A. 92-0574, effective June 26, 2002.
The Board now proposes corresponding changes to its procedural rules. For example, the word
“duplicitous,” confusing when referring to citizen complaints, is changed to “duplicative.” S
ee
Section 101.202, Part 103.Subpart B.
Also amended since the Board completely revised its procedural rules is the
Administrative Procedure Act. In P.A. 92-0330, effective Aug. 9, 2001, the Administrative
Procedure Act now requires rulemaking proposals published in the
Illinois Register
to describe
any published study or research report used in developing the rule and where the public may
obtain a copy. This new requirement is reflected in proposed changes to Board rules at Sections
102.202, 102.210, and 102.820.
CONCLUSION
The proposed procedural rule amendments will implement the Board’s new Web-based
file management system, known as the Clerk’s Office On-Line or “COOL.” The rules will
codify how it is easier than ever for the citizens of Illinois to participate in and access Board
proceedings.
Parties and participants will be allowed to file and serve documents electronically, in lieu
of paper filing and service. Generally, those who file a document in paper will now only need to
provide the original and one copy to the Clerk’s Office. Gone will be the days of ten paper
copies. Interested members of the public will be able to use the Internet to access an electronic
6
“file cabinet” of all the Board’s pending cases and rulemakings. The Board’s proposed rule
changes will allow these technological advances to be realized in all adjudicatory and regulatory
proceedings pending before the Board. These amendments will greatly further public
participation in Illinois’ environmental processes, a fundamental policy underpinning of the
Environmental Protection Act.
The Board also proposes procedural rule changes to reflect recent statutory amendments
to the Environmental Protection Act and the Administrative Procedure Act, as well as several
other clarifying changes.
The Board encourages the public to participate at the scheduled December 12 and
December 19, 2002 hearings and through written public comment.
ORDER
The Board directs the Clerk to cause publication of the following proposed rules in the
Illinois Register
for first notice. Proposed additions are underlined; proposed deletions appear
stricken.
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
7
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
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
8
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
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
SUBPART J: ELECTRONIC FILING AND SERVICE
Section
101.1000 Overview of Electronic Filing and Service
101.1002 Electronic Filing Authorization
101.1004 Filing Electronic Documents
101.1006 Acceptable Formats
101.1008 Filing Fees
101.1010 Electronic Service
101.1012 Consenting to Electronic Service
101.1014 Trade Secrets and Other Non-Disclosable Information
APPENDIX A Captions
ILLUSTRATION A Enforcement Case
ILLUSTRATION B Citizen’s Enforcement Case
ILLUSTRATION C Variance
9
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
APPENDIX B Appearance Form
APPENDIX C Withdrawal of Appearance Form
APPENDIX D Notice of Filing
APPENDIX E Certificate of Service
ILLUSTRATION A Service by Non-Attorney
ILLUSTRATION B Service by Attorney
APPENDIX F Consent to Electronic Service Form Notice of Withdrawal
APPENDIX G
Comparison of Former and Current Rules
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], as amended by P.A. 92-0574,
effective June 26, 2002, and authorized by Sections 26 and 27 of the Act [415 ILCS 5/26 and 27]
and Section 25-101 of the Electronic Commerce Security Act [5 ILCS 175/25-101].
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 R03-10 at 27 Ill. Reg. _____, effective _______.
Section 101.106 Board Authority
a) The Board has the authority to
determine, define and implement the
environmental control standards applicable in the State of Illinois and may adopt
rules and regulations in accordance with Title VII of the Act
[415 ILCS 5/5(b)].
b) The Board has the
authority to conduct proceedings hearings upon complaints
charging violations of the Act, any rule or regulation under this Act, or any
permit or term or condition of a permit; upon administrative citations or of
regulations thereunder; upon petitions for variances or adjusted standards; upon
petitions for review of the Agency’s final determinations on denial of a permit
applications in accordance with Title X of the Act; upon petitions petition to
remove seals a seal under Section 34 of the Act; upon other petitions for review of
final determination which are made pursuant to this the Act or Board rules and
which involve a subject which the Board is authorized to regulate. The Board
may also conduct ; and such other proceedings hearings as may be provided by
this Act or any other statute or rule
[415 ILCS 5/5(d)].
10
c) In addition to subsections (a) and (b) of this Section, the Board has the authority
to act as otherwise provided by law.
(Source: Amended at 27 Ill. Reg. _____, effective ___________)
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.
11
“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.)
“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 and/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 four 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.
12
“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.
“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.
“Clerk’s Office On-Line” or “COOL” means the Board’s Web-based file management
system that allows electronic filing of and access to electronic documents in the Board’s
adjudicatory and regulatory proceeding files. COOL is located on the Board’s Web site.
“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.
13
“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.)
“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.
“Digital signature” means
a type of electronic signature created by transforming an
electronic document using a message digest function and encrypting the resulting
transformation with an asymmetric cryptosystem using the signer’s private key such that
any person having the initial untransformed electronic document, the encrypted
transformation, and the signer’s corresponding public key can accurately determine
whether the transformation was created using the private key that corresponds to the
signer’s public key and whether the initial electronic document has been altered since the
transformation was made. A digital signature is a security device.
[5 ILCS 5/175/5-
105].
“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.
“DNS” means the Illinois Department of Nuclear Safety.
“DOA” means the Illinois Department of Agriculture.
“Duplicitous” or “Duplicative” means the matter is identical or substantially similar to
one brought before the Board or another forum.
“Electronic” includes
electrical, digital, magnetic, optical, electromagnetic, or any other
form of technology that entails capabilities similar to these technologies
[5 ILCS 175/5-
105]
.
14
“Electronic document” means any notice, information, or filing generated,
communicated, received or stored by electronic means to use in an information system or
to transmit from one information system to another. [See 5 ILCS 175/5-105]
“Electronic signature” means
a signature in electronic form
attached to or logically
associated with an electronic document
[5 ILCS 175/5-105].
“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 or any rule or regulation or
Board order thereunder or any permit or term or condition thereof.
“Ex parte communication” means a communication between a person who is not a Board
Member or Board employee and a Board Member or Board employee that reflects on the
substance of a pending Board proceeding and that takes place outside the record of the
proceeding. Communications regarding matters of procedure and practice, such as the
format of pleadings, number of copies required, manner of filing and service, and status
of proceedings, are not considered ex parte communications
[5 ILCS 100/10-60(d)]. 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.)
“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 or record before the Board. The Clerk’s Office is located at 100 West
Randolph Street, Suite 11-500, Chicago, IL 60601. Electronic filing with the Clerk’s
Office is done through COOL on the Board Web site.
“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.)
15
“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.)
“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).
16
“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)].
“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
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
17
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 5/3.3153.26].
“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
18
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
;
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
paragraph (5) of subsection (a) of Section 57.9(a)(3) 22.18(b)
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;
19
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 the Act.
[415 ILCS
5/3.330 3.32(a)]
“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.)
“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 (e.g., 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 a party and recommended
by the Agency pursuant to Section 35(b) of the Act. (See 35 Ill. Adm. Code 104.308.)
“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.
20
“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.
“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
21
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(a) of the Act.
“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
3.48].
“Transcript” means the official recorded testimony from a hearing.
22
“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.)
“Web site” means the Board’s computer-based informational and filing service accessed
on the Internet at http://www.ipcb.state.il.us.
(Source: Amended at 27 Ill. Reg. _______, effective __________)
SUBPART C: COMPUTATION OF TIME, FILING, SERVICE
OF DOCUMENTS, AND STATUTORY DECISION DEADLINES
Section 101.300 Computation of Time
a) Computation of Time. Computation of any period of time prescribed in the Act,
other applicable law, or these rules will begin with the first calendar day
following the day on which the act, event or development occurs and will run
until the close of business on the last day, or the next business day if the last day
is a Saturday, Sunday or national or State legal holiday.
b) Time of Filing. Documents will be considered filed when they are filed in
conformance with the requirements found in Section 101.302 of this Part and any
other filing requirements specifically set out elsewhere in the other Parts of these
rules. Subpart J of this Part sets forth when electronic documents will be
considered filed.
1) If filed in person, electronically, by messenger service or mail delivery
service other than U.S. Mail, documents are considered filed when they
are received in the Office of the Clerk.
2) If the Clerk receives a document is filed by U.S. Mail subsequent to a
filing deadline, yet the postmark date precedes or is the same as the filing
deadline, the document will be deemed filed on the postmark date,
23
provided all filing requirements are met as set forth in Section 101.302 of
this Part.
3) Documents filed and received in the Office of the Clerk after 4:30 p.m.
will be marked as filed the following business day. The Clerk will record
the appropriate filing date on all filed documents.
4) For purposes of Board decision deadlines, time does not begin until the
date on which the initial filing is date-stamped by the Clerk.
c) Time of Service. In the case of personal service, service is deemed complete on
the date personal delivery was effectuated. In the case of facsimile transmission,
service is deemed complete on the date of a complete and proper transmittal
(facsimile filings are only allowed in accordance with Section 101.302(d) of this
Part.) In the case of electronic service, Section 101.1010(d) of this Part sets forth
when service is deemed complete. In the case of service by registered or certified
mail, or by messenger service, service is deemed complete on the date specified
on the registered or certified mail receipt or the messenger service receipt. In the
case of service by U.S. Mail, service is presumed complete four days after
mailing. The presumption can be rebutted by proper proof.
d) Date of Board Decision.
1) For purposes of statutory decision deadline proceedings, the date of the
Board decision is the date of the Board meeting where a final opinion and
order of the Board was adopted by the vote of at least four Board
members.
2) For purposes of appeal, the date of the party’s certified mail receipt of the
Board decision is the date of service of the final opinion and order by the
Board upon the appealing party. Or, in the event of a timely filed motion
for reconsideration filed pursuant to Section 101.520 of this Part, the date
of the party’s certified mail receipt of the Board order ruling upon the
motion is the date of service by the Board upon the appealing party.
(Source: Amended at 27 Ill. Reg. _______, effective _____________)
Section 101.302 Filing of Documents
a) This Section contains the Board’s general filing requirements. Additional
requirements may exist for specific proceedings elsewhere in these rules. The
Clerk will refuse for filing any document that does not comply with the minimum
requirements of this Section.
b) All documents to be filed with the Board must be signed by or on behalf of the
party or participant seeking to file the document and must be filed with the
24
Clerk’s Office. Service on a hearing officer does not constitute filing with the
Board unless the document is submitted to the hearing officer during the course of
a hearing. Documents may be filed at:
Pollution Control Board, Attn: Clerk
100 West Randolph Street
James R. Thompson Center, Suite 11-500
Chicago, Illinois 60601-3218
c) Documents may be filed by U.S. Mail or other mail delivery service, by electronic
means in accordance with Subpart J of this Part, in person, or by messenger.
d) Filing by electronic transmission or facsimile will only be allowed with the prior
approval of the Clerk of the Board or hearing officer assigned to the proceeding.
The Agency may file a provisional variance recommendation with the Board
through electronic transmission or by facsimile within 2 days prior to a regularly
scheduled meeting date followed by a hard copy submission.
e) 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 form of
government voucher, money order, or check made payable to the Illinois
Pollution Control Board, or electronically in accordance with Section 101.1008
of this Part, but which may not 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 appeal filed pursuant to Section 40 of the Act, $75;
4) Petition to Review Pollution Control Facility Siting Decisions, pursuant to
Section 40.1 of the Act, $75; and
5) Petition for Adjusted Standard, pursuant to Section 28.1 of the Act, $75.
f) All documents filed must be served in accordance with Subpart C of this Part.
g) All documents filed with the Board should contain the relevant proceeding
caption and number and have all pages logically numbered. and Paper documents
must be submitted on 8 1/2 x 11 inch recycled paper as defined in Subpart B of
this Part, page numbered, and, double sided if practicable, feasible double sided.
Electronic documents must be formatted in accordance with Section 101.1006 of
this Part.
25
h) Unless the Board or hearing officer orders its procedural rules provide otherwise,
all documents must be filed as follows with a signed original and 9 duplicate
copies (10 total), except that:
1) If a document is filed in paper, the original and one copy is required.
2) If a document is filed electronically in accordance with Subpart J of this
Part, no paper original or copy is required.
1)
Documents and motions specifically directed to the assigned
hearing officer must be filed with the Clerk with a signed original
and 4 duplicate copies (5 total), or as the hearing officer orders;
2)
The Agency may file a signed original and 4 duplicate copies (5
total) of the record required by Section 105.116, 105.302, and
105.410;
3)
The OSFM may file a signed original and 4 duplicate copies (5
total) of the record required by Section 105.508; and
4)
The siting authority may file a signed original and 4 duplicate
copies (5 total) of the record required by Sections 107.300 and
302.
i) No written discovery, including interrogatories, requests to produce, and requests
for admission, or any response to written discovery, may be filed with the Clerk
of the Board except upon leave or direction of the Board or hearing officer. Any
discovery request under these rules to any nonparty must be filed with the Clerk
of the Board in accordance with subsection (h) of this Section with a signed
original and 4 duplicate copies (5 total), or as the hearing officer directs.
j) Non-Conforming Exhibits. When practicable possible, non-conforming exhibits
must be reduced to conform to 8 1/2 xX 11 inch recycled paper, or formatted
electronically in accordance with Section 101.1006 of this Part. However, one
non-conforming original copy may be filed with the Clerk’s Office. Upon closure
of the proceeding, the non-conforming exhibit copy may be returned to the person
filing it in accordance with 2 Ill. Adm. Code 2175.300.
k) Page Limitation. No motion, brief in support of motion, or brief may exceed 50
pages, and no amicus curiae brief may exceed 20 pages, without prior approval of
the Board or hearing officer. These limits do not include appendices containing
relevant material.
(Source: Amended at 27 Ill. Reg. _______, effective _____________)
Section 101.304 Service of Documents
26
a) Service Requirements. This Section contains the Board’s general service
requirements. However, the more specific Part for a proceeding type may contain
additional requirements.
b) Duty to Serve. Parties in Board adjudicatory proceedings are responsible for
service of all documents they file with the Clerk’s Office. Proof of service of
initial filings must be filed with the Board upon completion of service.
c) Method of Service. Service may be effectuated by U.S. Mail or other mail
delivery service, in person, by messenger, by electronic means in accordance with
Subpart J of this Part, or as prescribed in Section 101.302(d), except for service of
enforcement complaints, and administrative citations, and EMSA statements of
deficiency on a respondent, which must be made personally, by registered or
certified mail, or by messenger service. Proof of service of enforcement
complaints, and administrative citations, and EMSA statements of deficiency
must be filed with the Board upon completion of service.
d) Affidavit or Certificate of Service. A proceeding is subject to dismissal, and
parties are subject to sanctions in accordance with Section 101.800 of this Part, if
service is not timely made. Proof of proper service is the responsibility of the
party filing and serving the document. An affidavit of service or certificate of
service must accompany all filings of all parties. A sample form of the affidavit
of service and certificate of service is available in Appendix E to this Part, at the
Board’s Offices (the locations of the Board’s Offices are listed at 2 Ill. Adm.
Code 2175.115), and on may be obtained electronically at the Board’s Web site.
e) Service of Amicus Curiae Briefs. Any person who files an amicus curiae brief
with the Board in any proceeding must serve copies of that brief on all parties in
accordance with this Section.
f) Service of Comments of Participants in an Adjudicatory Proceeding. Participants
are required to serve their comments upon the parties to the proceeding. The
Board will consider the comments as time and the Act or other applicable law
allow.
g) Service on State Agencies. Service must be at the addresses listed below unless a
specific person has an appearance on file with the Board or electronic service is
made in accordance with Subpart J of this Part.
1) Service on the Illinois Environmental Protection Agency (Agency). The
Agency must be served at the following address:
Division of Legal Counsel
Illinois Environmental Protection Agency
27
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
2) Service on Office of State Fire Marshal (OSFM). The OSFM must be
served at:
Division of Petroleum and Chemical Safety
Office of the State Fire Marshal
1035 Stevenson Dr.
Springfield, IL 62703
3) Service on the Illinois Attorney General. The Office of the Attorney
General must be served at:
Division Chief of Environmental Enforcement
Office of the Attorney General
188 West Randolph St., 20th Floor
Chicago, IL 60601
4) Service on the Illinois Department of Natural Resources (DNR) must be
served at:
Office of Legal Services
Illinois Department of Natural Resources
One Natural Resources Way 524 S. Second St.
Springfield, IL 62702-1271 1-1787
5) Service on the Illinois Department of Transportation (IDOT). IDOT must
be served at:
Office of Chief Counsel
DOT Administration Building
2300 S. Dirksen Parkway, Room 300
Springfield, IL 62764
6) Service on Region V of the United States Environmental Protection
Agency (USEPA). USEPA Region V must be served at:
USEPA, Region V
77 West Jackson
Chicago, IL 60604
(Source: Amended at 27 Ill. Reg. _______, effective _____________)
Section 101.306 Incorporation of Documents by Reference
28
a) Upon the separate written request of any person or on its own initiative, the Board
or hearing officer may incorporate materials from the record of another Board
docket into any proceeding. The person seeking incorporation must file the
material to be incorporated with the Board in accordance with Section 101.302(h)
of this Subpart 4 copies of the material to be incorporated. The Board or hearing
officer may approve a reduced number of copies for documents incorporated in
other Board dockets. The person seeking incorporation must demonstrate to the
Board or the hearing officer that the material to be incorporated is authentic,
credible, and relevant to the proceeding. Notice of the request must be given to
all identified participants or parties by the person seeking incorporation.
b) The Board will give the incorporated matter the appropriate weight in light of the
following factors: the standard of evidence under which the material was
previously presented to the Board; the present purpose for incorporating the
material; and the past and current opportunity for cross-examination of the
matters asserted within the incorporated material.
(Source: Amended at 27 Ill. Reg. _______, effective _____________)
SUBPART J: ELECTRONIC FILING AND SERVICE
Section 101.1000 Overview of Electronic Filing and Service
a) The purposes of the Electronic Commerce Security Act include facilitating the
electronic filing of documents with State agencies and promoting the efficient
delivery of government services by means of reliable electronic records. [5 ILCS
175/1-105(3)] The Electronic Commerce Security Act specifically authorizes
State agencies to send and receive electronic documents. [5 ILCS 175/25-101]
b) The Board provides the opportunity to file and access documents electronically
through its Clerk’s Office On-Line (COOL) system. The Board has taken steps
designed to ensure the integrity and security of COOL in accordance with State
policies developed under the Electronic Commerce Security Act.
c) The Board encourages electronic filing. Any document to be filed with the
Board, whether an initial or later filing, may be filed electronically. If a person
files an electronic document in accordance with this Subpart, the person is not
required to file a paper original or copy of that document with the Clerk, unless
the Board or hearing officer orders otherwise.
d) To file an electronic document with the Board, the party or participant must
submit the document to COOL on the Board’s Web site (
).
www.ipcb.state.il.us
Electronic filing is not accomplished by sending a document to the e-mail address
of the Clerk’s Office or hearing officer.
29
e) Nothing in this Subpart requires a person to file, serve, or accept service of a
document electronically. Generally, the Clerk’s Office will electronically scan
paper-filed documents and place them in COOL.
f) The Board provides COOL as a public service. Neither the malfunctioning of
COOL or any person’s computer system excuses any obligation to timely file or
serve a document.
(Source: Added at 27 Ill. Reg. ______, effective _______________)
Section 101.1002 Electronic Filing Authorization
a) A person seeking to file an electronic document, as or on behalf of a party or
participant, must have been issued a State of Illinois digital signature certificate
pursuant to Section 15-310 of the Electronic Commerce Security Act [5 ILCS
175/15-310].
b) The subscriber agreement and application for a State of Illinois digital signature
certificate is available at the following Web site, the link for which is also
provided on the Board’s Web site:
https://autora01.cmcf.state.il.us/
c) For adjudicatory proceedings, to electronically file a document on behalf of a
party who is not an individual, the digital signature of a licensed and registered
attorney representing the party is required. If the party is an individual, the digital
signature of the individual or its licensed and registered attorney is required. See
Section 101.400(a) of this Part.
(Source: Added at 27 Ill. Reg. ______, effective _______________)
Section 101.1004 Filing Electronic Documents
a) A person seeking to file an electronic document, as or on behalf of a party or
participant, must submit the document to COOL on the Board’s Web site. To
successfully submit a document to COOL, the person must have a valid State of
Illinois digital signature certificate.
b) Submitting an electronic document to COOL in accordance with this Subpart will
automatically generate an electronic receipt for the person seeking to file. The
receipt will verify the date and time when the document was submitted to COOL,
but the receipt is in no way an indication of the document’s legal sufficiency.
c) If all or any part of an electronic document being submitted to COOL must be
verified by oath, affidavit, or notarization, the person submitting the document
must either:
30
1) Include the electronically-scanned oath, affidavit, receipt, or notarization
in the submitted electronic document; or
2) Submit to the Clerk a paper original and copy of the oath, affidavit, or
notarization (indicating the electronic document to which it corresponds)
and conspicuously state in the electronic document that the paper original
and copy of the verification will be submitted to the Clerk.
d) If an electronic document is submitted to COOL in accordance with this Subpart,
the document is considered filed when it is submitted to COOL, except that:
1) An electronic document submitted to COOL without a required oath,
affidavit, notarization, or fee will be considered filed:
A) On the date that the Clerk receives the required verification or fee;
or
B) If received through the U.S. Mail after a filing deadline, but the
postmark date precedes or is the same as the deadline, then the
document is deemed filed on the postmark date.
2) An electronic document submitted to COOL on a Saturday or Sunday, on
a national or State legal holiday, or after 4:30 p.m. on a weekday is
considered filed the next business day.
e) For purposes of Board decision deadlines, time does not begin until the date on
which the electronic document is considered filed under subsection (d) of this
Section.
(Source: Added at 27 Ill. Reg. ______, effective _______________)
Section 101.1006 Acceptable Formats
a) To submit an electronic document to COOL, the document must be in one of the
following electronic formats:
1) Microsoft Word for Windows, version 6.0 or greater;
2) Corel WordPerfect for Windows, version 6.0 or greater;
3) Microsoft Excel for Windows, version 4.0 or greater;
4) Lotus 1-2-3 for Windows, version 4.0 or greater;
5) ASCII Text; or
31
6) Adobe Acrobat Portable Document Format (PDF) version 2.0 or greater.
b) All electronic documents filed in accordance with this Subpart will be stored by
the Clerk’s Office in Adobe Acrobat PDF format. Properly-filed electronic
documents not submitted to COOL in that electronic format will be converted to
Adobe Acrobat PDF format by the Clerk’s Office.
c) The Board encourages persons to submit electronic documents to COOL in
Adobe Acrobat PDF format.
d) Electronic documents submitted to COOL must be formatted to print on 8 1/2 x
11 inch paper.
(Source: Added at 27 Ill. Reg. ______, effective _______________)
101.1008 Filing Fees
a) Filing fees are specified in Section 101.302(e) of this Part. There is no special or
additional fee to file a document electronically. A person seeking to file an
electronic document that requires a filing fee must either:
1) Deliver payment to the Clerk’s Office in accordance with Section
101.302(e) of this Part; or
2) Provide electronic payment in accordance with subsection (b).
b) Electronic payment of a filing fee requires a valid credit card and can be executed
on COOL when the electronic document is submitted.
(Source: Added at 27 Ill. Reg. ______, effective _______________)
101.1010 Electronic Service
a) Except as provided in subsection (b), a person required to serve a document may
serve other parties or participants electronically by e-mail, in lieu of serving a
paper document, if the recipient has consented to electronic service in that
proceeding and has not revoked that consent. See Section 101.1012 of this
Subpart. To serve a document electronically, it is not necessary to obtain a State
of Illinois digital signature certificate.
b) Service of enforcement complaints, administrative citations, and EMSA
statements of deficiency on a respondent must be made personally, by registered
or certified mail, or by messenger service. See Section 101.304(c) of this Part.
32
c) A person required to serve a document on the hearing officer may serve the
hearing officer electronically by sending the document to the hearing officer’s e-
mail address in lieu of serving a paper document.
d) When serving an electronic document, service is deemed complete on the day of
successful electronic transmission, except that a document electronically
transmitted on a Saturday or Sunday, on a national or State legal holiday, or after
4:30 p.m. on a weekday is considered served the next business day.
e) Proof of proper service must be provided to the Clerk by the party or participant
filing and serving the document. An affidavit of service or certificate of service
must be provided for each filing. A sample form of an affidavit of service and
certificate of service is available in Appendix E to this Part, from the Clerk’s
Office, and on the Board’s Web site.
f) A document served electronically must be in the same electronic format as the
document submitted to COOL and formatted to print on 8 1/2 x 11 inch paper.
The Board encourages persons to serve electronic documents in Adobe Acrobat
PDF format. See Section 101.1006 of this Subpart.
g) In lieu of serving paper documents, the Board and its hearing officers may
electronically serve notices and orders to any party or participant who has
consented to electronic service in that proceeding and not revoked that consent.
The subject line of e-mail from the Board or hearing officer providing electronic
service will state “Official Pollution Control Board Notice.”
(Source: Added at 27 Ill. Reg. ______, effective _______________)
101.1012 Consenting to Electronic Service
a) A person may consent to electronic service of documents in lieu of receiving
paper documents from other parties or participants, the Board, and hearing
officers in a proceeding by either:
1) Filing a Consent to Electronic Service form with the Clerk, which is
available in Appendix F to this Part, from the Clerk’s Office, and on the
Board’s Web site.; or
2) By stating conspicuously in any other filing that the person consents to
electronic service of documents and that service is to be made to an e-mail
address identified in the filing.
b) Consent to electronic service may be filed with the Clerk at any time in the
proceeding. To accept electronic service, it is not necessary to obtain a State of
Illinois digital signature certificate.
33
c) A party or participant may revoke its consent to electronic service at any time in
the proceeding by filing a written notice of the revocation with the Clerk.
(Source: Added at 27 Ill. Reg. ______, effective _______________)
101.1014 Trade Secrets and Other Non-Disclosable Information
a) If a person seeks to file an electronic document containing information that the
person claims should be protected as a trade secret or other non-disclosable
information, the person must submit to COOL both a complete version of the
electronic document and a redacted version of the electronic document. The
person must otherwise comply with 35 Ill. Adm. Code 130.
b) In accordance with 35 Ill. Adm. Code 130, if a document, whether filed
electronically or in paper, is claimed or determined to contain a trade secret or
other non-disclosable information, only the redacted version of the document will
be publicly accessible on COOL.
(Source: Added at 27 Ill. Reg. ______, effective _______________)
APPENDIX F
Consent to Electronic Service
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
)
Applicable Caption )
(see Appendix A) ) docket number
)
I, the undersigned, authorize the Board, its hearing officers, and other parties or participants in
this proceeding to serve documents on me electronically in lieu of receiving paper documents.
My e-mail address to receive electronic service is: ____________.
[signature]
[date]
Notice of Withdrawal
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
)
Applicable Caption
)
(see Appendix A)
)
docket number
)
34
)
NOTICE OF WITHDRAWAL
NOW COMES [Petitioner’s or Complainant’s name], by one of its attorneys,[Attorney’s
name] pursuant to 35 Ill. Adm. Code 101.302(l) hereby gives notice of withdrawal of this case.
Attorney's Name
Name of Attorney and Firm
Address
Telephone Number
(Source: Amended at 27 Ill. Reg. ______, effective _______________)
APPENDIX G Comparison of Former and Current Rules
The following table compares the former procedural rules (in effect on December 31, 2000) with
the current procedural rules (effective January 1, 2000).
FORMER PART 101 CURRENT
SECTION
101.100 101.100
101.101 101.200
101.202
101.102 101.302
101.103 101.302
101.104 101.302
101.105 101.308
101.106 101.306
101.107 101.400
101.108 101.400
101.109 101.300
101.120 101.302
101.121
2 Ill. Adm. Code 2175.210 (current)
101.122
2 Ill. Adm. Code 2175.215 (current)
101.140 101.304(a)
101.141 101.304
101.142 101.304(c)
101.143 101.304(d)
101.144 101.300
101.160
2 Ill. Adm. Code 2175.300 (current)
101.161 130.Subpart
A
130.Subpart D
35
101.162
2 Ill. Adm. Code 2175.305 (current)
101.180 101.700
2 Ill. Adm. Code 2175.210 (current)
101.181
2 Ill. Adm. Code 2175.130 (current)
101.200 101.114
101.612
101.220 101.610
101.221 101.606
101.241 101.500
101.242 101.504
101.243 101.506
101.244 101.516
101.245 101.508
101.510
101.246 101.520
101.902
101.247 101.502
101.518
101.522
101.260 101.622
101.261 101.614
101.280 101.608
101.800
101.281 101.802
101.300 101.520
101.301 101.904
101.302 101.906
101.304 101.908
101.Appendix A Illustration A
101.Appendix A Illustration J
101.Appendix A Illustration B
101.Appendix A Illustration K
101.Appendix A Illustration C
101.Appendix A Illustration D
101.Appendix A Illustration D
101.Appendix A Illustration C
101.Appendix A Illustration F
101.Appendix A Illustration E
101.Appendix A Illustration A
101.Appendix A Illustration F
101.Appendix A Illustration I
101.Appendix B 101.Appendix
B
101.Appendix C 101.Appendix
C
101.Appendix D 101.Appendix
D
101.Appendix E Illustration A
101.Appendix E Illustration A
101.Appendix E Illustration B
101.Appendix E Illustration B
(Source: Repealed at 27 Ill. Reg. ______, effective _______________)
TITLE 35: ENVIRONMENTAL PROTECTION
36
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 102
REGULATORY AND INFORMATIONAL HEARINGS AND PROCEEDINGS
SUBPART A: GENERAL PROVISIONS
Section
102.100 Applicability
102.102 Severability
102.104 Definitions
102.106 Types of Regulatory Proposals
102.108 Public Comments
102.110 Waiver of Requirements
102.112 Other Proceedings
SUBPART B: REGULATIONS OF GENERAL APPLICABILITY, RESOURCE
CONSERVATION AND RECOVERY ACT (RCRA) AMENDMENTS, AND SITE-SPECIFIC
REGULATIONS
Section
102.200 Proposal for Regulations of General Applicability
102.202 Proposal Contents for Regulations of General Applicability
102.204 Proposal of RCRA Amendments
102.206 Notice of Site-Specific RCRA Proposals
102.208 Proposal for Site-Specific Regulations
102.210 Proposal Contents for Site-Specific Regulations
102.212 Dismissal
SUBPART C: CLEAN AIR ACT AMENDMENTS (CAAA) FAST TRACK RULEMAKING
Section
102.300 Applicability
102.302 Agency Proposal
102.304 Hearings
102.306 Prefiled Testimony
SUBPART D: SERVICE AND FILING OF DOCUMENTS, MOTIONS, PRODUCTION OF
INFORMATION, SUBPOENAS, PREHEARING CONFERENCES, AND HEARINGS
Section
102.400 Service and Filing of Documents
102.402 Motions, Production of Information, and Subpoenas
102.404 Initiation and Scheduling of Prehearing Conferences
102.406 Purpose of Prehearing Conference
102.408 Prehearing Order
37
102.410 Authorization of Hearing
102.412 Scheduling of Hearings
102.414 Hearings on the Economic Impact of New Proposals
102.416 Notice of Hearing
102.418 Record
102.420 Authority of the Hearing Officer
102.422 Notice and Service Lists
102.424 Prehearing Submission of Testimony and Exhibits
102.426 Admissible Information
102.428 Presentation of Testimony and Order of Hearing
102.430 Questioning of Witnesses
SUBPART E: CERTIFICATION OF REQUIRED RULES
Section
102.500 Agency Certification
102.502 Challenge to Agency Certification
102.504 Board Determination
SUBPART F: BOARD ACTION
Section
102.600 Revision of Proposed Regulations
102.602 Adoption of Regulations
102.604 First Notice of Proposed Regulations
102.606 Second Notice of Proposed Regulations
102.608 Notice of Board Final Action
102.610 Adoption of Identical-in-Substance Regulation
102.612 Adoption of Emergency Regulations
102.614 Adoption of Peremptory Regulations
SUBPART G: MOTIONS FOR RECONSIDERATION AND APPEAL
Section
102.700 Filing of Motions for Reconsideration
102.702 Disposition of Motions for Reconsideration
102.704 Correction of Publication Errors
102.706 Appeal
SUBPART H: OUTSTANDING RESOURCE WATER DESIGNATION
Section
102.800 Applicability
102.810 Petition
102.820 Petition Contents
102.830 Board Action
38
APPENDIX A Comparison of Former and Current Rules
AUTHORITY: Implementing Sections 5, 7.2, 13(c), 13.3, 17.5, 22.4(a), 22.4(d), 22.7(d), 27, 28,
28.2, 29, and 41 of the Environmental Protection Act (Act) [415 ILCS 5/5, 7.2, 13(c), 13.3, 17.5,
22.4(a), 22.4(d), 22.7(d), 27, 28, 28.2, 29, and 41] and authorized by Sections 26 and 27 of the
Act [415 ILCS 5/26 and 27].
SOURCE: Originally adopted as Chapter 1: Procedural Rules, Part II: Regulatory and Other
Nonadjudicative Hearings and Proceedings, in R70-4, 1 PCB 43, October 8, 1970; codified at 6
Ill. Reg. 8357; amended in R84-10 at 9 Ill. Reg. 1398, effective January 16, 1985; Part repealed,
new Part adopted in R88-5(B) at 14 Ill. Reg. 9210, effective May 24, 1990; amended in R90-16
at 14 Ill. Reg. 20472, effective December 11, 1990; old Part repealed, new Part adopted in R00-
20 at 25 Ill. Reg.587, effective January 1, 2001; amended in R01-13 at 26 Ill. Reg.3498, effective
February 22, 2002, amended in R03-10 at 27 Ill. Reg. _____, effective ______ .
SUBPART B: REGULATIONS OF GENERAL APPLICABILITY, RESOURCE
CONSERVATION AND RECOVERY ACT (RCRA) AMENDMENTS, AND SITE-SPECIFIC
REGULATIONS
Section 102.200 Proposal for Regulations of General Applicability
Any person may submit a regulatory proposal for the adoption, amendment, or repeal of a
regulation. The original and 9 copies of each proposal must be filed with the Clerk in
accordance with 35 Ill. Adm. Code 101.302(h) and served on one copy each with the Attorney
General, the Agency, and DNR in accordance with 35 Ill. Adm. Code 101.304(c).
(Source: Amended at 27 Ill. Reg. _________, effective____________)
Section 102.202 Proposal Contents for Regulations of General Applicability
Each proponent must set forth the following in its proposal:
a) The language of the proposed rule, including any existing regulatory language
proposed to be amended or repealed. Language being added must be indicated by
underscoring, and language being deleted must be indicated by strike-outs. The
proposed rule must be drafted in accordance with 1 Ill. Adm. Code 100.Subpart
C;
b) A statement of the reasons supporting the proposal, including a statement of the
facts that support the proposal, and a statement of the purpose and effect of the
proposal, including environmental, technical, and economic justification. The
statement must discuss the applicable factors listed in Section 27(a) of the Act.
The statement must include, to the extent reasonably practicable, all affected
sources and facilities and the economic impact of the proposed rule;
39
c) A synopsis of all testimony to be presented by the proponent at hearing;
d) Copies of any material to be incorporated by reference within the proposed rule
pursuant to Section 5-75 of the IAPA [5 ILCS 100/5-75];
e)
A descriptive title or other description of any published study or research report
used in developing the rule, the identity of the person who performed such study,
and a description of where the public may obtain a copy of any such study or
research report. If the study was performed by an agency or by a person or entity
that contracted with the agency for the performance of the study, the agency shall
also make copies of the underlying data available to members of the public upon
request if the data are not protected from disclosure under the Freedom of
Information Act.
5 ILCS 100/5-40(3.5).
fe) Proof of service upon all persons required to be served pursuant to Section
102.422 of this Part;
gf) Unless the proponent is the Agency or DNR, a petition signed by at least 200
persons, pursuant to Section 28 of the Act and Section 102.410(b) of this Part;
hg) When the Agency proposes a rule it believes is federally required, a certification
in accordance with Section 102.500 of this Part;
ih) For a proposed rule that amends an existing Board rule, a written statement or
certification that the proposal amends the most recent version of the rule as
published on the Board’s Web site or as obtained from the Clerk;
ji) When the proponent is a State agency, an electronic version of the information
required under subsection (a) of this Section; and
kj) When any information required under this Section is inapplicable or unavailable,
a complete justification for the inapplicability or unavailability.
(Source: Amended at 27 Ill. Reg. _________, effective____________)
Section 102.206 Notice of Site-Specific RCRA Proposals
a) Public notice of hearings on site-specific RCRA proposals will be given at least
30 days before the date of the hearing.
b) In addition to the requirements of Section 28 of the Act, the Board, at a minimum,
will give notice of hearings on a site-specific RCRA proposal to the following
persons:
1) Federal agencies as designated by the USEPA;
40
2) Illinois Department of Transportation;
3) Illinois Department of Natural Resources;
4) Illinois Department of Public Health;
5) The Governor of any other state adjacent to the county in which the
facility is located; and
6) Elected officials of any counties, in other states, adjacent to the county in
which the facility is located, and elected officials in any municipality, in
another state, if it is the closest population center to the facility.
c) In addition to the methods of notice by publication of Section 28 of the Act and
Section 102.416 of this Part, the Board will give notice by broadcast over at least
one radio station in the area of the facility containing the information required by
subsections (d)(2) and (d)(4) through (d)(8) of this Section.
d) A hearing notice on a site-specific RCRA proposal will include the following
information:
1) The address of the Board office;
2) Name and address of the proponent and, if different, of the facility for
which the site-specific rule is sought;
3) A brief description of the business conducted at the facility and the
activity described in the proposal;
4) A description of the relief requested in the proposal;
5) Name, address, e-mail address, and telephone number of the Clerk of the
Board, from whom interested persons may obtain further information,
including copies of the proposal;
6) The name, address, e-mail address if available, and telephone number of
the Agency's representative in the rulemaking;
7) A description of any written comment period or a statement that a
comment period will be established in the future;
8) A statement that the record in the rulemaking is available at the Board
office for inspection, except those portions that are claimed or determined
to be trade secrets, and that procedures are available whereby disclosure
may be sought by the public. Any such claim must be made in accordance
with 35 Ill. Adm. Code 130;
41
9) A statement that site-specific rules may be adopted pursuant to 415 ILCS
5/27 and Section 102.202 of this Part, and a citation to the Board
regulations sought to be modified; and
10) Any additional information considered necessary or proper.
(Source: Amended at 27 Ill. Reg. _________, effective____________)
Section 102.208 Proposal for Site-Specific Regulations
Any person may submit a written proposal for the adoption, amendment or repeal of a
substantive site-specific regulation. The original and 9 copies of each proposal must be filed
with the Clerk in accordance with 35 Ill. Adm. Code 101.302(h) of the Board one copy each and
served upon the Agency, DNR, and the Attorney General in accordance with 35 Ill. Adm. Code
101.304(c).
(Source: Amended at 27 Ill. Reg. _________, effective____________)
Section 102.210 Proposal Contents for Site-Specific Regulations
Proponents of site-specific regulations other than those relating to RCRA must comply with the
requirements of Section 102.202 of this Part in addition to the following requirements:
a) The proposal must set forth the language of the proposed site-specific rule,
including any existing regulatory language proposed to be amended or repealed.
Language being added must be indicated by underscoring and language being
deleted must be indicated by strike-outs. If the proposed site-specific rule seeks
an exemption from or modification of a rule of general applicability, the proposed
site-specific rule may not be proposed as an amendment to the general rule.
Instead, the site-specific rule must be proposed as its own Section;
b) In the event that the proposed rule would replace the applicability of a general
rule to the pollution source, the proposal must specify, with supporting
documentation, the reasons why the general rule is not technically feasible or
economically reasonable for the person or site. The documentation must include
relevant information on other similar persons' or sites' ability to comply with the
general rule. Where relevant to the Board’s consideration, the proposal must also
include information pertaining to
existing physical conditions, the character of the
area involved, including the character of surrounding land uses, zoning
classifications,
and
the nature of the existing air quality or receiving body of
water
[415 ILCS 5/27(a)];
c)
A descriptive title or other description of any published study or research report
used in developing the rule, the identity of the person who performed such study,
and a description of where the public may obtain a copy of any such study or
42
research report. If the study was performed by an agency or by a person or entity
that contracted with the agency for the performance of the study, the agency shall
also make copies of the underlying data available to members of the public upon
request if the data are not protected from disclosure under the Freedom of
Information Act.
5 ILCS 100/5-40(3.5).
dc) The proposal must describe the person or site for which regulatory change is
sought and the area affected by the proposed change. The proposal must also
include a detailed assessment of the environmental impact of the proposed
change, and include a description of available treatment or control options;
ed) The proposal must demonstrate that the Board may grant the requested relief
consistent with federal law governing the subject of the proposal (e.g.,
Underground Injection Control program, Resource Conservation and Recovery
Act, etc.);
fe) When the proponent is a State agency, the proponent also must provide an
electronic version of the information required under subsection (a) of this Section;
and
gf) When any information required under this Section is inapplicable or unavailable,
the proposal must provide a complete justification for the inapplicability or
unavailability.
(Source: Amended at 27 Ill. Reg. _________, effective____________)
SUBPART C: CLEAN AIR ACT AMENDMENTS (CAAA) FAST TRACK RULEMAKING
Section 102.302 Agency Proposal
a) When proposing a regulation required by the CAAA, the Agency must meet the
following requirements:
1) The proposal must set forth the proposed rule, which must be drafted in
accordance with 1 Ill. Adm. Code 100.Subpart C;
2) The proposal must have a cover sheet that prominently states that the
Agency proposes the rule under Section 28.5 of the Act,
unless another
provision of the Act specifies the method for adopting a specific rule
[415
ILCS 5/28.5(c)];
3) The proposal must
clearly identify the provisions and portions of the
federal statute, regulations, guidance, policy statement, or other
documents upon which the rule is based
[415 ILCS 5/28.5(e)(3)];
43
4) The proposal must include
supporting documentation for
the rule that
summarizes the basis of the rule
[415 ILCS 5/28.5(e)(4)];
5) The proposal must
describe in general
the alternative selected and the
basis for the alternative
[415 ILCS 5/28.5(e)(5)];
6) The proposal must summarize the economic and technical data that the
Agency relied upon in drafting the proposed rule;
7) The proposal must include a list of any documents that the Agency
directly relied upon in drafting the proposed rule or that the Agency
intends to rely upon at hearing, and copies of the documents;
8) The proposal must set forth
a description of the geographical area to which
the rule is intended to apply, a description of the process or processes
affected, and identification by classes of the entities expected to be
affected, and a list of sources expected to be affected by the rule to the
extent known to the Agency
[415 ILCS 5/28.5(e)(8)]; and
9) The proposal must include a diskette containing the information required
under subsection (a)(1) of this Section in an electronic format pursuant to
35 Ill. Adm. Code 101.1006.
b) If the proposal fails to meet any of the requirements of subsection (a) of this
Section, the Board may decide not to accept the proposal for filing.
(Source: Amended at 27 Ill. Reg. _________, effective____________)
SUBPART D: SERVICE AND FILING OF DOCUMENTS, MOTIONS, PRODUCTION OF
INFORMATION, SUBPOENAS, PREHEARING CONFERENCES, AND HEARINGS
Section 102.416 Notice of Hearing
a) The hearing officer will set a time and place for hearing. The Clerk will give
notice of the date of the hearing as follows or as otherwise required by applicable
law:
1) By notice in the Board's Environmental Register and on the Board’s Web
site;
2)
At least 20 days prior to the scheduled date of the hearing the Board shall
give notice of such hearing by public advertisement in a newspaper of
general circulation in the area of the State concerned
. The notice will
include,
the date, time, place and purpose of such hearing
[415 ILCS
5/28(a)]; and
44
3) Where required by federal law, including air pollution and RCRA
proposals, newspaper notice will be published at least 30 days prior to the
hearing date.
b) In accordance with Section 28(a) of the Act or as otherwise required by applicable
law, the Clerk will give notice by mail to the proponent and to all persons who are
on the notice list Section 102.422 of this Part.
c) Hearings that are continued on the hearing record for a period of 45 days or less
do not require notice that complies with subsections (a) and (b) of this Section.
(Source: Amended at 27 Ill. Reg. _________, effective____________)
Section 102.422 Notice and Service Lists
a)
The hearing officer will maintain a A notice list for each regulatory proceeding
will be maintained. The notice list will consist of those persons who have
furnished their names and addresses to the hearing officer or the Clerk’s office
concerning the proposal. Notice of all Board actions and hearing officer orders
will be given to all persons on the notice list.
b) The hearing officer may establish a service list for any regulatory proceeding, in
addition to the notice list. The hearing officer may direct participants to serve
copies of all documents upon the persons on the service list in accordance with 35
Ill. Adm. Code 101.304(c). In deciding whether to establish a service list, the
hearing officer will consider factors including the complexity of the proceeding
and the number of participants. For purposes of fast-track rulemakings under
Section 28.5 of the Act, participants of record will be the individuals on the
service list.
c) The Board will not accept general requests to appear on all notice lists.
Information regarding the Board’s pending rulemakings is available through the
Clerk’s Office On-Line (COOL), located on the Board’s Web site
(
)
www.ipcb.state.il.us . Interested pPersons interested in appearing on notice lists
must submit their names for each proceeding in accordance with subsection (a) of
this Section.
(Source: Amended at 27 Ill. Reg. _________, effective____________)
Section 102.424 Prehearing Submission of Testimony and Exhibits
a) The proponent must submit all written testimony and any related exhibits 21 days
prior to the hearing at which the witness testifies, unless the hearing officer directs
otherwise to prevent material prejudice or undue delay.
45
b) The hearing officer may require the prehearing submission of testimony,
questions, responses, answers, and any related exhibits by the proponent or
participants other than the proponent if the hearing officer determines that such a
procedure will provide for a more efficient hearing.
c)
The original and 9 copies of aAny prehearing testimony, questions, answers,
responses, or exhibits must be filed with the Clerk in accordance with 35 Ill.
Adm. Code 101.302(h). The hearing officer, the Agency, and, if a participant, the
Attorney General and DNR must each be served with one copy of any prehearing
testimony, questions, answers, responses, or exhibits. One copy of any prehearing
testimony, questions, answers, responses, or exhibits must also be served upon the
proponent and each participant on any service list, unless otherwise specified or
limited by the hearing officer. The service must be initiated on or before the date
that the prehearing documents are filed with the Clerk.
d) All
prehearing testimony, questions, answers, responses, and exhibits must be
served and submitted in the form required by 35 Ill. Adm. Code 101.Subpart C,
and labeled with the docket number of the proceeding, the name of the witness
submitting the material or exhibit, and the title of the material or exhibit.
e) The proponent and each participant who has filed testimony, questions, answers,
responses, or exhibits before hearing must bring the number of copies designated
by the hearing officer of that material and exhibits to the hearing.
f) Testimony, questions, answers, responses, and exhibits submitted prior to hearing
will be entered into the record as if read, unless the hearing officer determines that
it will aid public understanding to have the material or exhibit read. All persons
testifying will be sworn and will be subject to examination. Modifications to
previously submitted material and exhibits may be allowed by the hearing officer
at hearing provided that the modifications are either non-substantive in nature or
would not materially prejudice another person’s participation at hearing.
Objections to the modifications are waived unless raised at hearing.
g) Where prehearing submission of testimony, questions, answers, responses, or
exhibits is required pursuant to subsection (a) or (b) of this Section, any material
or exhibit that is not filed in a timely manner will be allowed only as time permits,
and only where its submission will not materially prejudice the proponent or any
other participant.
(Source: Amended at 27 Ill. Reg. _________, effective____________)
SUBPART H: OUTSTANDING RESOURCE WATER DESIGNATION
Section 102.810 Petition
46
Any person may submit a petition for the adoption, amendment or repeal of an ORW
designation. The original and nine copies of each petition must be filed with the Clerk in
accordance with 35 Ill. Adm. Code 101.302(h) and one copy each served upon the Agency,
Illinois Department of Natural Resources, and the Attorney General in accordance with 35 Ill.
Adm. Code 101.304(c).
(Source: Amended at 27 Ill. Reg. ________, effective _____________)
Section 102.820 Petition Contents
Each proponent must set forth the following information in its proposal:
a) The language of the proposed rule, amendment, or repealer identifying the surface
water body or water body segment being proposed for designation, amendment,
or repeal as an ORW. Language being added must be indicated by underscoring,
and language being deleted must be indicated by strike-outs. The proposed rule
must be drafted in accordance with 1 Ill. Adm. Code 100.Subpart C;
b) A statement describing the specific surface water body or water body segment for
which the ORW designation, amendment, or repeal is requested and the present
designation of the surface water body or water body segment;
c) A statement describing the area in which the specific surface water body or water
body segment exists, including:
1) The existence of wetlands or natural areas;
2) The living organisms in 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, the amendment, or the repeal, including
the health, environmental, recreational, aesthetic or economic benefits of the
designation, the amendment, or the repeal thereof;
e) A statement identifying the anticipated impact on economic and social
development of the ORW designation, amendment, or repeal. This statement
should include:
1) Impacts on the regional economy;
2) Impacts on regional employment;
3) Impacts on the community;
47
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 body or water body segment for which the ORW designation, amendment,
or repeal is requested;
g) A statement describing the existing water quality of the specific surface water
body or water body segment warranting the ORW designation, amendment, or
repeal;
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 Procedure Act [5 ILCS
100/5-75];
j)
A descriptive title or other description of any published study or research report
used in developing the rule, the identify of the person who performed such study,
and a description of where the public may obtain a copy of any such study or
research report. If the study was performed by an agency or by a person or entity
that contracted with the agency for the performance of the study, the agency shall
also make copies of the underlying data available to members of the public upon
request if the data are not protected from disclosure under the Freedom of
Information Act.
5 ILCS 100/5-40(3.5).
kj) Proof of service upon all persons required to be served pursuant to Section
102.810 of this Part;
lk) Unless the proponent is the Agency or 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
ml) Where any information required by this Section is inapplicable or unavailable, a
complete justification for such inapplicability or unavailability.
(Source: Amended at 27 Ill. Reg. _________, effective____________)
APPENDIX A Comparison of Former and Current Rules
The following table compares the former procedural rules (in effect on December 31, 2000) with
the current procedural rules (effective January 1, 2001).
FORMER PART 102 CURRENT
SECTION
102.100 102.100
102.101 102.104
48
102.102 102.106
102.103 102.110
102.104 102.112
102.120 102.200
102.121 102.202
102.122 102.212
102.123 102.204
102.124 102.206
102.140 102.208
102.141 102.210
102.142 102.212
102.160 102.410
102.161 102.412
102.162 102.416
102.163 102.206
102.164 102.418
102.180 102.414
102.200 102.500
102.201 102.502
102.202 102.504
102.220 102.420
102.221 102.422
102.240 102.404
102.241 102.406
102.242 102.408
102.260 102.402
102.261 102.402
102.262 102.402
102.280 102.424
102.281 102.418
102.282 102.426
102.283 102.428
102.284 102.430
102.285 102.418
102.320 102.108
102.341 102.602
102.342 102.604
102.343 102.606
102.344 102.608
102.345 102.610
102.346 102.612
102.347 102.614
102.360 102.700
102.361 102.702
49
102.362 102.704
102.363 102.706
(Source: Repealed 27 Ill. Reg. _________, effective____________)
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 103
ENFORCEMENT
SUBPART A: GENERAL PROVISIONS
Section
103.100 Applicability
103.102 Severability
103.104 Definitions
103.106 General
SUBPART B: COMPLAINT, REQUEST FOR INFORMAL AGENCY INVESTIGATION,
SERVICE, AND AUTHORIZATION OF HEARING
Section
103.200 Who May File
103.202 Parties
103.204 Notice, Complaint, and Answer
103.206 Adding Parties
103.208 Request for Informal Agency Investigation
103.210 Notice of Complaint
103.212 Hearing on Complaint
SUBPART C: SETTLEMENT PROCEDURE
Section
103.300 Request for Relief from Hearing Requirement in State Enforcement Proceeding
103.302 Contents of Proposed Stipulation and Settlement Agreement
103.304 Hearing on Proposed Stipulation and Settlement Agreement
103.306 Board Order on Proposed Stipulation and Settlement Agreement
SUBPART D: PROCEEDINGS INVOLVING RCRA PERMITS
Section
103.400 Purpose, Scope, and Applicability
103.402 Interim Order
103.404 Joinder of the Agency
50
103.406 Draft Permit or Statement
103.408 Stipulated Draft Remedy
103.410 Contents of Public Notice
103.412 Public Comment
103.414 Hearing
103.416 Contents of Board Order
SUBPART E: IMPOSITION OF PENALTIES
Section
103.500 Default
103.502 Civil Penalties
103.504 Civil Penalties Method of Payment
APPENDIX A Comparison of Former and Current Rules
AUTHORITY: Implementing Sections 5, 7.2, 13(c), 13.3, 17.5, 22.4(a), 22.4(d), 22.7(d), 27, 28,
28.2, 29, 30, 31, 41, and 42 of the Environmental Protection Act (Act) [415 ILCS 5/5, 7.2, 13(c),
13.3, 17.5, 22.4(a), 22.4(d), 22.7(d), 27, 28, 28.2, 29, 30, 31, 41, and 42] and authorized by
Sections 26 and 27 of the Act [415 ILCS 5/26 and 27].
SOURCE: Procedural 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 Part repealed, new Part adopted in R00-20 at 25 Ill. Reg.425, effective
January 1, 2001; amended in R03-10 at 27 Ill. Reg. __________, effective ______.
SUBPART B: COMPLAINT, REQUEST FOR INFORMAL AGENCY INVESTIGATION,
SERVICE, AND AUTHORIZATION OF HEARING
Section 103.204 Notice, Complaint, and Answer
a) An enforcement proceeding will be commenced by the service of a notice and
complaint by registered or certified mail, messenger service, or personal service
upon all respondents and the filing of 1 original and 9 copies of the notice and
complaint with the Clerk. The notice and complaint must be filed in accordance
with 35 Ill. Adm. Code 101.302(h).
b) The notice must be directed to the respondents notifying them of the filing of the
accompanying complaint and that they may be required to attend a hearing at a
date set by the Board.
c) The complaint must be captioned in accordance with 35 Ill. Adm. Code
101.Appendix A, Illustration A and contain:
1) A reference to the provision of the Act and regulations that the
respondents are alleged to be violating;
51
2) The dates, location, events, nature, extent, duration, and strength of
discharges or emissions and consequences alleged to constitute violations
of the Act and regulations. The complaint must advise respondents of the
extent and nature of the alleged violations to reasonably allow preparation
of a defense; and
3) A concise statement of the relief that the complainant seeks.
d) Except as provided in subsection (e) of this Section, the respondent may file an
answer within 60 days after receipt of the complaint if respondent wants to deny
any allegations in the complaint. All material allegations of the complaint will be
taken as admitted if no answer is filed or if not specifically denied by the answer,
unless respondent asserts a lack of knowledge sufficient to form a belief. Any
facts constituting an affirmative defense must be plainly set forth before hearing
in the answer or in a supplemental answer, unless the affirmative defense could
not have been known before hearing.
e) If the respondent timely files a motion under Section 103.212(b) or 35 Ill. Adm.
Code 101.506, the 60-day period to file an answer described in subsection (d) of
this Section will be stayed. The stay will begin when the motion is filed and end
when the Board disposes of the motion.
f) Any party serving a complaint upon another party must include the following
language in the notice: “Failure to file an answer to this complaint within 60 days
may have severe consequences. Failure to answer will mean that all allegations in
the complaint will be taken as if admitted for purposes of this proceeding. If you
have any questions about this procedure, you should contact the hearing officer
assigned to this proceeding, the Clerk’s Office or an attorney.”
(Source: Amended at 27 Ill. Reg. ______, effective ______________)
Section 103.212 Hearing on Complaint
a)
Any person may file with the Board a complaint against any person allegedly
violating the Act or any rule or regulation thereunder or any permit or term or
condition thereof
. When the Board receives a citizen’s complaint,
unless the
Board determines that such complaint is duplicative duplicitous or frivolous, it
shall schedule a hearing.
[415 ILCS 5/31(d)] The definition for duplicative
duplicitous and frivolous can be found at 35 Ill. Adm. Code 101.Subpart B.
b) Motions made by respondents alleging that a citizen’s complaint is duplicative
duplicitous or frivolous must be filed no later than 30 days following the date of
service of the complaint upon the respondent. Motions under this subsection may
be made only with respect to citizen’s enforcement proceedings. Timely filing
52
the motion will, pursuant to Section 103.204(e) of this Subpart, stay the 60 day
period for filing an answer to the complaint.
c) The Board will automatically set for hearing all complaints filed by the Attorney
General or a State’s Attorney on behalf of the People of the State of Illinois.
d) The Board in its discretion may hold a hearing on the violation and a separate
hearing on the remedy.
(Source: Amended at 27 Ill. Reg. ______, effective ______________)
SUBPART D: PROCEEDINGS INVOLVING RCRA PERMITS
Section 103.404 Joinder of the Agency
If the Board directs that the Agency be joined, the Clerk will send, by messenger or by certified
mail addressed to the Agency, a copy of the Board Order requiring joinder. The mailing will
constitute service of process upon the Agency. The Board may serve its order on the Agency by
e-mail, in lieu of paper service, if the Agency consents to electronic service in accordance with
35 Ill. Adm. Code 101.Subpart J.
(Source: Amended at 27 Ill. Reg. ______, effective ______________)
Section 103.410 Contents of Public Notice
a) In addition to all parties, the Agency must serve a copy of any partial draft permit
on USEPA at the address listed in 35 Ill. Adm. Code 101.Subpart C.
b) In addition to the requirements of the Act and Section 103.210 of this Part, the
Agency must, at a minimum, give notice of the filing of a partial draft permit to
the following persons:
1) Federal agencies as designated by USEPA;
2) Illinois Department of Transportation;
3) Illinois Department of Natural Resources;
4) Illinois Department of Public Health;
5) The Governor of any other state adjacent to the county in which the
facility is located; and
6) Elected officials of any counties, in other states, adjacent to the county in
which the facility is located, and elected officials in any municipality, in
another state, if it is the closest population center to the facility.
53
c) In addition to the methods of notice by publication of Section 103.208 of this Part,
the Agency must give notice by broadcast over at least one radio station in the
area of the facility containing the information required by subsections (d)(2),
(d)(4) and (d)(6) through (d)(8).
d) A notice of a partial draft permit must include the following information:
1) The addresses of the Board office and Web site;
2) Name and address of the respondent and, if different, of the facility subject
to the enforcement proceeding;
3) A brief description of the business conducted at the facility and the
activity that is the subject of the enforcement proceeding;
4) A statement of the violations the Board has found or has proposed to find;
5) A statement that the Agency has filed a partial draft permit;
6) Name, address, and telephone number of the Clerk of the Board, from
whom interested persons may obtain further information, including copies
of the partial draft permit or stipulated remedy;
7) A notice of a hearing, the address of the Board, a statement that a hearing
will be held and that the record will remain open for 45 days after the
filing of the partial draft or stipulated remedy for written comments;
8) A statement that the record in the proceeding is available to be inspected
at the Board office and may also be available through the Clerk’s Office
On-Line (COOL), located for inspection on the Board’s Web site, except
those portions of the record that are claimed or determined to be trade
secrets, and that procedures are available whereby disclosure may be
sought by the public in accordance with 35 Ill. Adm. Code 130;
9) A statement that enforcement proceedings are considered pursuant to 415
ILCS 5/30; and
10) Any additional information considered necessary or proper.
(Source: Amended at 27 Ill. Reg. ______, effective ______________)
Section 103.414 Hearing
54
a) The hearing officer, after appropriate consultation with the parties, will set a time
and place for the hearing to be held not less than 30 days after the filing of the
partial draft permit or stipulated remedy.
b) The hearing will be held in the county in which the facility is located, in the
population center in the county closest to the facility.
c) The Clerk in consultation with the hearing officer will give notice of the hearing
to the persons entitled to notice in Sections 103.210 and 103.410 of this Part, and
to any other persons who have commented, requested to comment or requested
notice, and to any persons on a mailing list provided by the Agency.
d) Notice will be given not less than 30 days before the hearing.
(Source: Amended at 27 Ill. Reg. ______, effective ______________)
APPENDIX A Comparison of Former and Current Rules
The following appendix compares the former procedural rules (in effect on December 31, 2000)
with the current procedural rules (effective January 1, 2001).
FORMER PART 103 CURRENT
SECTION
103.101 102.100
103.120 103.200
103.121 103.202
103.122 103.204
103.123 101.204
103.124 103.212
103.125 101.600
101.602
103.140 101.Subpart
E
103.141 101.406
101.408
103.206
103.142 101.502
101.510
103.161 101.616
103.162 101.618
103.163 101.622
103.180 103.Subpart
C
103.200 101.610
103.204 101.626
103.206 101.630
103.207 101.632
103.208 101.626
55
103.209 101.624
103.220 103.500
101.608
103.221 101.604
103.224 103.416
103.Subpart H 101.Subpart
I
103.Subpart I 103.Subpart
D
(Source: Repealed at 27 Ill. Reg. ______, effective ______________)
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 104
REGULATORY RELIEF MECHANISMS
SUBPART A: GENERAL PROVISIONS
Section
104.100 Applicability
104.102 Severability
104.104 Definitions
SUBPART B: VARIANCES
Section
104.200 General
104.202 Filing Requirements
104.204 Petition Content Requirements
104.206 Resource Conservation and Recovery Act (RCRA) Variance Petition Contents
104.208 Consistency with Federal Law
104.210 Petition for Extension of Variance
104.212 Motion for Modification of Internal Variance Compliance Dates
104.214 Agency’s Notice of Petition
104.216 Agency Investigation and Recommendation
104.218 Agency Recommendation to RCRA Variance
104.220 Response to Agency Recommendation
104.222 Stipulations
104.224 Objections to Petition, Written Comments and Request for Hearing
104.226 Amended Petition and Amended Recommendation
104.228 Insufficient Petition
104.230 Dismissal of Petition
104.232 Calculation of Decision Deadline
104.234 Hearing
104.236 Hearing Procedures
56
104.238 Standard of Review
104.240 Certificate of Acceptance
104.242 Term of Variance
104.244 Variance Conditions
104.246 Performance Bonds
104.248 Objection to Conditions
SUBPART C: PROVISIONAL VARIANCES
Section
104.300 Applicability
104.302 Board Action
104.304 Initiating a Request
104.306 Notice
104.308 Term
104.310 Simultaneous Variance Prohibition
SUBPART D: ADJUSTED STANDARDS
Section
104.400 General
104.402 Initiation of Proceeding
104.404 Request to Agency to Join as Co-Petitioner
104.406 Petition Content Requirements
104.408 Petition Notice Requirements
104.410 Proof of Petition Notice Requirements
104.412 Effect of Filing a Petition: Stay
104.414 Dismissal of Petition
104.416 Agency Recommendation and Petitioner Response
104.418 Amended Petition, Amended Recommendation, and Amended Response
104.420 Request for Public Hearing
104.422 Public Hearing
104.424 Hearing Notice
104.426 Burden of Proof
104.428 Board Action
APPENDIX A Comparison of Former and Current Rules
AUTHORITY: Subparts B and C: Implementing Sections 5, 35, 36, 37 and 38 of the
Environmental Protection Act (Act) [415 ILCS 5/5, 35, 36, 37, and 38] and authorized by
Sections 26 and 27 of the Act [415 ILCS 5/26 and 27]. Subpart D: Implementing Sections 5,
14.2(c), 22.4, 27, 28, 28.1, 28.5 and 39.5 of the Act [415 ILCS 5/5, 14.2(c), 22.4, 27, 28, 28.1,
28.5, 26 and 39.5] and authorized by Sections 26 and 27 of the Act [415 ILCS 5/26 and 27].
SOURCE: Subpart B: Originally adopted as Chapter I: Procedural Rules, Part IV: Variances, in
R70-4, at 1 PCB 43, October 8, 1970; amended in R77-16, 29 PCB 503, at 2 Ill. Reg. 16, p. 3,
57
effective May, 1974, amended in R79-9, 35 PCB 433, at 3 Ill. Reg. 51, p. 128, effective
December 7, 1979; amended in R80-12, 40 PCB 451, at 5 Ill. Reg. 2763, effective March 2,
1981; codified at 6 Ill. Reg. 8357; amended in R84-10, 62 PCB 87, at 9 Ill. Reg. 1409, effective
January 16, 1985; old Part repealed, new Part adopted in R00-20 at 25 Ill. Reg. 613, effective
January 1, 2001; amended in R03-10 at 27 Ill. Reg. _____, effective __________.
SUBPART B: VARIANCES
Section 104.214 Agency’s Notice of Petition
a) Within 14 days after the petition is filed, the Agency must
publish a single notice
of such petition in a newspaper of general circulation in
the county where the
facility or pollution source is located [415 ILCS 5/37(a)].
b) Upon receipt of a petition for variance,
the Agency shall promptly give written
notice of such petition to
:
1)
Any person in the county in which the installation or property for which
variance is sought is located who has in writing requested notice of
variance petitions
;
2) the State's attorney of such county
;
3)
The Chairman of the County Board of such county
; and
4)
Each member of the General Assembly from the legislative district in
which that installation or property is located
. [415 ILCS 5/37(a)]
c) Upon receipt of a petition for RCRA variance, the Agency must promptly give
notice of the petition to:
1) Federal agencies as designated by USEPA;
2) Illinois Department of Transportation;
3) Department of Natural Resources;
4) Illinois Department of Public Health;
5) The Governor of any other state adjacent to the county in which the
facility or pollution source is located; and
6) Elected officials of any counties, in other states, adjacent to the county in
which the facility or pollution source is located, and elected officials in
any municipality, in another state, if it is the closest population center to
the facility or pollution source.
58
d) In addition to the methods of notice stated in subsection (c) of this Section, in a
RCRA variance the Agency must also give notice by broadcast over at least one
local radio station in the area of the facility or pollution source containing the
information required by subsections (e) and (f) of this Section.
e) All notices required by this Section must include the following:
1) The street address of the facility or pollution source, and if there is no
street address, then the legal description or the location with reference to
any well known landmark, highway, road, thoroughfare or intersection;
2) A description of the requested relief;
3) An indication that any person may request a hearing by filing with the
Board a written objection to the grant of the variance within 21 days after
the publication of the Agency’s notice, together with a written request for
hearing;
4) The Clerk of the Board’s address and phone number, the Board’s Web site
address, and a statement that a copy of the variance may be obtained
through the Clerk’s Office or the Board’s Web site;
5) A statement that the Agency is preparing a recommendation, the date on
which the recommendation is to be filed, and the name, address and
telephone number of the Agency employee responsible for the
recommendation;
6) A statement that a hearing may be held after the filing of the
recommendation and that the record will remain open for written
comments for 45 days after filing of the recommendation. The notice will
include the address of the Board to which the comments must be mailed;
7) A statement that the record in the variance proceeding is available at the
Board office for inspection, except those portions that are protected from
disclosure under 35 Ill. Adm. Code 130, and that procedures are available
whereby disclosure may be sought by the public;
8) A statement that variances may be granted pursuant to Section 35 of the
Act [415 ILCS 5/35] and 35 Ill. Adm. Code 104, and a reference to the
Board regulations or order from which a variance is sought; and
9) Any additional information considered necessary or proper.
59
f) Within 21 days after the publication of notice, the Agency must file with the
Board a certification of publication that states the date on which the notice was
published and must attach a copy of the published notice.
(Source: Amended at 27 Ill. Reg. ______, effective ______________)
Section 104.216 Agency Investigation and Recommendation
a) Upon receipt of a petition for variance,
the Agency shall promptly investigate such
petition and consider the views of persons who might be adversely affected by the
grant of a variance
[415 ILCS 5/37(a)].
b)
The Agency shall make a recommendation to the Board as to the disposition of the
petition
[415 ILCS 5/37(a)]. Unless otherwise ordered by the hearing officer or
the Board, the recommendation must be filed with the Board within 45 days after
the filing of the petition or amended petition, or where there has been a hearing
scheduled, at least 30 days before hearing, whichever is earlier. The Agency must
serve a copy of its recommendation by First Class mail on the petitioner, joined
parties, and assigned hearing officer, if applicable. At a minimum, the
recommendation must include:
1)
A description of the efforts made by the Agency to investigate the facts as
alleged and to ascertain the views of persons who might be affected, and a
summary of the views so ascertained;
2)
The location of the nearest air monitoring station maintained by the
Agency where applicable;
3) A statement of the degree to which, if at all, the Agency disagrees with the
facts as alleged in the petition, including facts refuting any allegations in
the petition for variance;
4) Allegations of any other facts the Agency believes relevant to the
disposition of the petition, including any past or pending enforcement
actions against petitioner;
5) The Agency's estimate of the costs that compliance would impose on the
petitioner and on others;
6) The Agency's estimate of the injury that the grant of the variance would
impose on the public, including the effect that continued discharge of
contaminants will have upon the environment;
7) The Agency's analysis of applicable federal laws and regulations and an
opinion concerning the consistency of the petition with such federal laws
and regulations;
60
8) The status of any permits or pending permit applications that are
associated with or affected by the requested variance;
9) Allegation of any facts that the Agency believes are relevant to whether
the Board should condition a grant of variance on the posting of a
performance bond pursuant to Section 104.246 of this Part;
10) Citation to supporting documents or legal authorities whenever they are
used as a basis for the Agency's recommendation. Relevant portions of
the documents and legal authorities, other than Board decisions, reported
state and federal court decisions, state and federal regulations and statutes,
must be appended to the recommendation if not already in the record of
the proceeding;
11) The Agency's recommendation of what disposition should be made of the
petition, deny or grant, and suggested conditions. If the Agency
recommends that variance be granted, a recommended beginning and end
date of the requested variance, and any recommended conditions on the
variance; and
12) An affidavit verifying any facts outside the record referenced in the
recommendation.
(Source: Amended at 27 Ill. Reg. ______, effective ______________)
Section 104.224 Objections to Petition, Written Comments and Request for Hearing
a) A person who files an objection, request for hearing, or comment is a
“participant” as defined in 35 Ill. Adm. Code 101.Subpart B.
b) Except as provided in subsection (e) of this Section for RCRA variances, any
person may file with the Clerk, within 21 days after the publication of the
Agency’s notice pursuant to Section 104.214 of this Part, a written objection to
the grant of variance. The Clerk will provide mail a copy of the objection to the
petitioner, the Agency, the hearing officer, and any joined parties by First Class
mail.
c) Any person may also file a written request for hearing. The written request must
be filed within 21 days after the publication of the Agency’s notice pursuant to
Section 104.214 of this Part in order for a hearing to be held in accordance with
Section 104.236 of this Part and 35 Ill. Adm. Code 101.Subpart F.
d) Any person may file written comments in a variance proceeding. If a hearing is
held, public comments must be filed within 14 days after the close of the hearing
unless the hearing officer specifies a different date. If there is no hearing,
61
comments must be filed no later than 30 days before the decision date, unless the
hearing officer orders otherwise to prevent material prejudice. (See 35 Ill. Adm.
Code 101.628(c)(1).)
e)
In RCRA variances, subsections (b) and (c) of this Section do not apply.
However, persons may file written comments within 45 days after the Agency
files its recommendation.
(Source: Amended at 27 Ill. Reg. ______, effective ______________)
SUBPART D: ADJUSTED STANDARDS
Section 104.408 Petition Notice Requirements
a)
The petitioner shall submit to the Board proof that, within 14 days after the filing
of the petition, it has published notice of the filing of the petition by advertisement
in a newspaper of general circulation in the area likely to be affected
by the
petitioner's activity that is the subject of the adjusted standard proceeding [415
ILCS 5/28.1].
b) The title of the notice must be in the form as follows: “Notice of Petition by
[petitioner's name] for an Adjusted Standard before the Illinois Pollution Control
Board.” The notice must contain the name and address of the petitioner, and the
statement that the petitioner has filed with the Board a petition for an adjusted
standard. The notice must also provide the date upon which the petition was filed,
the Board docket number, the regulatory standard (with appropriate
Administrative Code citation) from which an adjusted standard is sought, the
proposed adjusted standard, and a general description of the petitioner's activity
that is the subject of the adjusted standard proceeding, and the location of that
activity. This information must be presented so as to be understood in accordance
with the context of this Section's requirements. The concluding portion of the
notice must read as follows:
“Any person may cause a public hearing to be held in the above-described
adjusted standard proceeding by filing a hearing request with the Illinois Pollution
Control Board within 21 days after the date of the publication of this notice. The
hearing request should clearly indicate the docket number for the adjusted
standard proceeding, as found in this notice. ,The hearing request and must be
mailed to the Clerk of the Board, Illinois Pollution Control Board, 100 W.
Randolph Street, Suite 11-500, Chicago, Illinois 60601, or submitted
electronically to the Clerk’s Office On-Line (COOL), located on the Board’s Web
site (
)
www.ipcb.state.il.us .”
Section 104.420 Request for Public Hearing
62
a) Any person can request that a public hearing be held in an adjusted standard
proceeding. The requests must be filed not later than 21 days after the date of
the publication of the petition notice in accordance with Section 104.408 of this
Part. Requests for hearing should make reference to the Board docket number
assigned to the proceeding. A copy of each timely hearing request will be
provided mailed to the petitioner and Agency by the Clerk of the Board.
Participation by the public at the hearing must be in accordance with 35 Ill. Adm.
Code 101.110 and 101.628.
b) Where all parties and participants who have requested a hearing pursuant to this
Subpart have withdrawn their requests for a hearing, the hearing will not be held
unless the Board in its discretion deems it advisable.
(Source: Amended at 27 Ill. Reg. ______, effective ______________)
APPENDIX A Comparison of Former and Current Rules
The following table compares the former procedural rules (in effect on December 31, 2000) with
the current procedural rules (effective January 1, 2001).
FORMER PART 104 CURRENT
SECTION
104.102 104.200
104.104 104.206
104.120 104.202
104.121 104.204
104.122 104.208
104.123 104.210
104.124 104.234
104.236
104.125 104.228
104.230
104.126 104.206
104.140 104.214
104.141 104.224
104.142 104.214
104.160 104.228
104.234
104.236
104.232
104.230
104.180 104.216
104.181 104.220
104.182 104.218
104.183 104.224
104.200 104.236
63
104.201 104.238
101.Subpart F
104.221 104.238
(Source: Repealed at 27 Ill. Reg. ______, effective ______________)
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 105
APPEALS OF FINAL DECISIONS OF STATE AGENCIES
SUBPART A: GENERAL PROVISIONS
Section
105.100 Applicability
105.102 Severability
105.104 Definitions
105.106 Computation of Time, Filing and Service Requirements
105.108 Dismissal of Petition
105.110 Hearing Process
105.112 Burden of Proof
105.114 Calculation of Decision Deadline
105.116 Record Filing
105.118 Sanctions for Untimely Filing of the Record
SUBPART B: APPEAL OF AGENCY PERMIT DECISIONS AND OTHER FINAL
DECISIONS OF THE AGENCY
Section
105.200 Applicability
105.202 Parties
105.204 Who May File a Petition for Review
105.206 Time to File the Petition or Request for Extension
105.208 Extension of Time to File a Petition for Review
105.210 Petition Content Requirements
105.212 Agency Record
105.214 Board Hearing
SUBPART C: CAAPP PERMIT APPEALS
105.300 Applicability
105.302 General Requirements
105.304 Petition Content Requirements
64
SUBPART D: APPEAL OF AGENCY LEAKING UNDERGROUND
STORAGE TANK (LUST) DECISIONS
Section
105.400 Parties
105.402 Who May File a Petition for Review
105.404 Time for Filing the Petition
105.406 Extension of Time to File a Petition for Review
105.408 Petition Content Requirements
105.410 Agency Record
105.412 Board Hearing
SUBPART E: APPEAL OF OSFM LUST DECISIONS
Section
105.500 Applicability
105.502 General Overview
105.504 General Requirements
105.506 Petition Content Requirements
105.508 OSFM Record and Appearance
105.510 Location of Hearing
APPENDIX A Agency LUST Final Decisions that are Reviewable
APPENDIX B
Comparison of Former and Current Rules
AUTHORITY: Authorized by Sections 26 and 27 of the Environmental Protection Act (Act)
[415 ILCS 5/26 and 27] and implementing Sections 5, 39, 39.5, 40, 40.1, 40.2, and 57 of the Act
[415 ILCS 5/5, 39, 39.5, 40, 40.1, 40.2 and 57].
SOURCE: Filed with Secretary of State January 1, 1978; amended 4 Ill. Reg. 52, page 41,
effective December 11, 1980; codified 6 Ill. Reg. 8357; amended in R93-24 at 18 Ill. Reg. 4244,
effective March 8, 1994; amended in R94-11 at 18 Ill. Reg. 16594, effective November 1, 1994;
old Part repealed, new Part adopted in R00-20 at 25 Ill. Reg. 406, effective January 1, 2001,
amended in R03-10 at 27 Ill. Reg. _____, effective ________.
SUBPART A: GENERAL PROVISIONS
Section 105.116 Record Filing
The State agency must file with the Board the entire record of its decision within 30 days after
the filing of the petition for review, unless this Part provides otherwise, or the Board or hearing
officer orders a different filing date. If the State agency wishes to seek additional time to file the
record, it must file a request for extension before the date on which the record is due to be filed.
The State agency must file the record with the Clerk in accordance with 35 Ill. Adm. Code
101.302(h).
65
(Source: Amended at 27 Ill. Reg. ______, effective ______________)
SUBPART B: APPEAL OF AGENCY PERMIT DECISIONS AND OTHER FINAL
DECISIONS OF THE AGENCY
Section 105.214 Board Hearing
a) Except as provided in subsections (b), (c) and (d) of this Section, the Board will
conduct a public hearing, in accordance with 35 Ill. Adm. Code 101.Subpart F,
upon an appropriately filed petition for review under this Subpart. The hearing
will be based exclusively on the record before the Agency at the time the permit
or decision was issued, unless the parties agree to supplement the record pursuant
to Section 40(d) of the Act. If any party desires to introduce evidence before the
Board with respect to any disputed issue of fact, the Board will conduct a separate
hearing and receive evidence with respect to the issue of fact.
b) The Board will not hold a hearing on a petition for review under this Subpart if
the Board disposes of the petition on a motion for summary judgment brought
pursuant to 35 Ill. Adm. Code 101.516.
c) The Board will not hold a hearing on a petition for review under Section
105.204(c) of this Subpart if the Board determines that:
1) The petition is duplicitous duplicative or frivolous; or
2) The petitioner is so located as to not be affected by the permitted facility.
d) The Board will not hold a hearing on a petition for review under Section
105.204(b) or (d) of this Subpart if the Board determines that the petition is
duplicitous duplicative or frivolous.
d) If the Board determines to hold a hearing, the Clerk will give notice of the hearing
pursuant to 35 Ill. Adm. Code 101.602.
(Source: Amended at 27 Ill. Reg. ______, effective ______________)
SUBPART E: APPEAL OF OSFM LUST DECISIONS
Section 105.504 General Requirements
a) Who May File. Any owner or operator of an underground storage tank who has
been issued an “Eligibility and Deductibility Determination” letter or who has not
received an “Eligibility and Deductibility Determination” letter from the OSFM
within the time prescribed by Section 57.9(c)(2) of the Act, which is deemed to be
a final decision appealable to the Board, may file a petition with the Board
seeking review of that final decision. The owner/operator must be named as the
66
petitioner, and the OSFM must be named as the respondent. Filing requirements
are set forth at 35 Ill. Adm. Code 101.Subpart C.
b) Timely Petition. The petition for review must be filed with the Board within 35
days after the date of the OSFM's “Eligibility and Deductibility Determination”
letter or within 35 days from the OSFM’s final decision due to its failure to act as
required under Section 57.9(c)(3) of the Act. There will be a rebuttable
presumption that petitioner received the OSFM's “Eligibility and Deductibility
Final Determination” letter four days from the date indicated on the letter.
c) Service and Filing. The petitioner must serve all filings upon the OSFM at the
address listed in 35 Ill. Adm. Code 101.Subpart C. All filings must be
accompanied by a notice of filing. Methods and proof of service, as well as the
effective date of service, are governed by 35 Ill. Adm. Code 101.Subpart C.
(Source: Amended at 27 Ill. Reg. ______, effective ______________)
APPENDIX B Comparison of Former and Current Rules
The following table compares the former procedural rules (in effect on December 31, 2000) with
the current procedural rules (effective January 1, 2001).
FORMER PART 105 CURRENT
SECTION
105.102 105.202
105.204
105.206
105.212
105.Subpart C
105.103 105.204
(Source: Repealed at 27 Ill. Reg. ______, effective ______________)
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 106
PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS
SUBPART A: GENERAL PROVISIONS
Section
106.100 Applicability
106.102 Severability
106.104 Definitions
67
SUBPART B: HEATED EFFLUENT, ARTIFICIAL COOLING LAKE, AND SULFUR
DIOXIDE DEMONSTRATIONS
Section
106.200 General
106.202 Petition Requirements
106.204 Additional Petition Requirements in Sulfur Dioxide Demonstrations
106.206 Notice
106.208 Recommendation and Response
106.210 Burden of Proof
SUBPART C: WATER WELL SETBACK EXCEPTION PROCEDURES
Section
106.300 General
106.302 Initiation of Proceeding
106.304 Petition Content Requirements
106.306 Response and Reply
106.308 Hearing
106.310 Burden of Proof
SUBPART D: REVOCATION AND REOPENING OF
CLEAN AIR ACT PERMIT PROGRAM (CAAPP) PERMITS
Section
106.400 General
106.402 Definitions
106.404 Initiation of Proceedings
106.406 Petition Content Requirements
106.408 Response and Reply
106.410 Hearing
106.412 Burden of Proof
106.414 Opinion and Order
106.416 USEPA Review of Proposed Determination
SUBPART E: MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY
DETERMINATIONS
Section
106.500 General
106.502 Definitions
106.504 Initiation of Proceedings
106.506 Petition Content Requirements
106.508 Response and Reply
106.510 Hearing
106.512 Burden of Proof
68
106.514 Board Action
SUBPART F: CULPABILITY DETERMINATIONS FOR PARTICULATE MATTER LESS
THAN OR EQUAL TO 10 MICRONS (PM-10)
Section
106.600 General
106.602 Initiation of Proceedings
106.604 Petition Content Requirements
106.606 Response and Reply
106.608 Hearing
106.610 Burden of Proof
SUBPART G: INVOLUNTARY TERMINATION OF ENVIRONMENTAL MANAGEMENT
SYSTEM AGREEMENTS (EMSAs)
Section
106.700 Purpose
106.702 Applicability
106.704 Termination Under Section 52.3-4(b) of the Act
106.706 Who May Initiate, Parties
106.707 Notice, Statement of Deficiency, Answer
106.708 Service
106.710 Notice of Hearing
106.712 Deficient Performance
106.714 Board Decision
106.716 Burden of Proof
106.718 Motions, Responses
106.720 Intervention
106.722 Continuances
106.724 Discovery, Admissions
106.726 Subpoenas
106.728 Settlement Procedure
106.730 Authority of Hearing Officer, Board Members, and Board Assistants
106.732 Order and Conduct of Hearing
106.734 Evidentiary Matters
106.736 Post-Hearing Procedures
106.738 Motion After Entry of Final Order
106.740 Relief from Final Orders
APPENDIX A
Comparison of Former and Current Rules
AUTHORITY: Implementing and authorized by Sections 5, 14.2(c), 22.4, 26, 27, 28, 28.1, 28.5,
35, 36, 37, 38, 39.5 and 52.3 of the Environmental Protection Act (the Act) [415 ILCS 5/5,
14.2(c), 22.4, 26, 27, 28, 28.1, 28.5, 35, 36, 37, 38, 39.5 and 52.3].
69
SOURCE: Subpart B: Originally adopted as Chapter I: Procedural Rules, Part IV: Variances, in
R70-4, at 1 PCB 43, October 8, 1970; amended in R77-16, 29 PCB 503, at 2 Ill. Reg. 16, p. 3,
effective May 1978, amended in R79-9, 35 PCB 433, at 3 Ill. Reg. 51, p. 128, effective
December 7, 1979; amended in R80-12, 40 PCB 451, at 5 Ill. Reg. 2763, effective March 2,
1981; codified at 6 Ill. Reg. 8357; amended in R84-10, 62 PCB 87, at 9 Ill. Reg. 1409, effective
January 16, 1985; old Part repealed, new Part adopted in R00-20 at 25 Ill. Reg. 550, effective
January 1, 2001; amended in R03-10 at Ill. Reg. _____, effective ______ .
SUBPART G: INVOLUNTARY TERMINATION OF ENVIRONMENTAL MANAGEMENT
SYSTEM AGREEMENTS (EMSAs)
Section 106.707 Notice, Statement of Deficiency, Answer
a) A proceeding to terminate an EMSA will be commenced when the Agency serves
a notice of filing and a statement of deficiency upon the respondent and files one
original plus 9 copies of the notice of filing and statement of deficiency with the
Clerk. The notice of filing and statement of deficiency must be filed in
accordance with 35 Ill. Adm. Code 101.302(h).
b) The statement of deficiency must contain:
1) The stated basis for the respondent’s alleged deficient performance under
Section 106.712(a) of this Subpart;
2) The dates, location, nature, extent and duration of any act or omission, and
amount and other characteristics of any discharges or emissions, alleged to
violate provisions of the Act or regulations that apply to the pilot project
that the EMSA does not address;
3) The dates, location, nature, extent and duration of any act or omission, and
amount and other characteristics of any discharges or emissions, alleged to
violate the EMSA; and
4) With respect to subsections (b)(1) through (b)(3) of this Section, the
statement of deficiency must contain sufficient detail to advise the
respondent of the extent and nature of the alleged violations to reasonably
allow the respondent to prepare a defense.
c) The respondent must file an answer within 15 days after receipt of the statement
of deficiency, unless the Board or the hearing officer extends the 15-day period
for good cause. All material allegations of the statement of deficiency will be
taken as admitted if not specifically denied by the answer, or if no answer is filed.
Any facts that constitute an affirmative defense that would be likely to surprise
the complainant must be plainly set forth in the answer before hearing.
(Source: Amended at 27 Ill. Reg. ______, effective ______________)
70
Section 106.708 Service
a) The Agency must serve a copy of the notice of filing and statement of deficiency
either personally on the respondent or the respondent’s authorized agent, or by
registered or certified mail or messenger service with return receipt signed by the
respondent or the respondent’s authorized agent. Proof must be made by affidavit
of the person who makes personal service, or by properly executed registered or
certified mail receipt or messenger service receipt. The Agency must file proof of
service of the notice of filing and statement of deficiency with the Clerk
immediately upon completion of service.
b) The Agency and the respondent must serve all motions and all other notices
personally, by First Class United States mail, with sufficient postage, or by
overnight delivery by a nationally recognized courier service, or electronically in
accordance with 35 Ill Adm. Code 101.Subpart J. The Agency and the respondent
must file an original and 9 copies of the motions and notices with the Clerk with
proof of service in accordance with 35 Ill. Adm. Code 101.302(h).
c) Service is presumed complete upon personal service, four days after deposit in the
United States First Class mail, with sufficient postage, or the next business day
upon deposit with a nationally recognized courier service for overnight delivery,
or on the date of successful electronic transmission in accordance with 35 Ill.
Adm. Code 101.1010.
(Source: Amended at 27 Ill. Reg. ______, effective ______________)
Section 106.720 Intervention
a) Upon timely written motion and subject to the need to conduct an orderly and
expeditious hearing, the Board will permit a person to intervene in an involuntary
termination proceeding under this Subpart if the person submitted written
comments on the respondent’s EMSA or participated in the public hearing on the
respondent’s EMSA by signing an attendance sheet or signature card at hearing
under the procedures set forth in 35 Ill. Adm. Code 187.404, or is named or listed
in the respondent’s EMSA as a stakeholder, and if the Board’s final order may
adversely affect the person.
b) The movant must file the an original and 9 copies of a motion to intervene with
the Board in accordance with 35 Ill. Adm. Code 101.302(h) and serve a copy on
each party in accordance with 35 Ill. Adm. Code 101.304(c) not later than 48
hours before the hearing. The Board may permit a person to intervene at any time
before the beginning of the hearing when that person shows good cause for the
delay.
71
c) An intervenor has all the rights of an original party, except that the Board may
limit the rights of the intervenor in accordance with 35 Ill. Adm. Code 101.402.
(Source: Amended at 27 Ill. Reg. ______, effective ______________)
APPENDIX A Comparison of Former and Current Rules
The following table compares the former procedural rules (in effect on December 31, 2000) with
the current procedural rules (effective January 1, 2001).
FORMER PART 106 CURRENT
SECTION
106.101 106.200
106.102 106.202
106.103 106.200
106.104 106.208
106.201 106.202
106.202 101.602
106.200
106.210
106.301 106.202
106.204
106.302 106.202
106.303 106.200
106.304 106.208
106.305 101.602
106.200
106.210
106.411 104.402
106.412 104.404
106.413 104.406
106.414 104.416
106.415 104.422
104.424
106.416 104.428
106.501 104.400
106.502 104.402
106.503 104.404
106.504 104.406
106.505 104.416
106.506 104.422
104.424
106.507 104.428
106.601 106.300
106.602 106.302
106.304
72
106.603 106.306
106.604 106.308
106.701 104.400
106.702 104.104
106.703 104.402
106.704 104.404
106.705 104.406
106.708 106.100
106.306
106.709 106.100
101.Subpart E
106.710 106.100
101.304
106.711 104.408
106.712 104.410
106.713 104.420
106.714 104.416
106.715 104.418
106.801 104.422
106.802 104.424
106.803 104.400
106.804 101.616
104.100
106.805 101.626
104.100
104.400
106.807 104.400
106.808 104.426
106.902 104.414
106.903 104.426
104.428
106.904 104.428
106.906 104.428
106.907 104.412
106.910 106.400
106.911 104.104
106.912 106.400
106.404
106.406
106.913 106.408
106.914 106.410
106.412
106.915 106.414
106.916 106.416
73
106.920 106.500
106.921 106.502
106.922 106.504
106.506
106.923 106.508
106.924 106.510
106.512
106.925 106.514
106.930 106.600
106.931 106.600
106.602
106.604
106.932 106.606
106.933 106.608
106.610
106.940 106.700
106.702
106.942 101.202
106.944 106.102
106.945 106.704
106.946 106.706
106.948 106.707
106.950 106.708
106.952 106.710
106.954 106.712
106.956 106.714
106.958 106.716
106.960 106.718
106.962 106.720
106.964 106.722
106.966 106.724
106.968 106.726
106.970 106.728
106.972 106.730
106.974 106.732
106.976 106.734
106.978 106.736
106.980 106.738
106.982 106.740
(Source: Repealed at 27 Ill. Reg. ______, effective ______________)
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
74
CHAPTER 1: POLLUTION CONTROL BOARD
PART 107
PETITION TO REVIEW POLLUTION CONTROL FACILITY SITING DECISIONS
SUBPART A: GENERAL PROVISIONS
Section
107.100 Applicability
107.102 Severability
107.104 Definitions
107.106 Description
SUBPART B: PETITION FOR REVIEW
Section
107.200 Who May File Petition
107.202 Parties
107.204 Time for Filing Petition
107.206 Filing and Service Requirements
107.208 Petition Content Requirements
SUBPART C: FILING OF LOCAL RECORD
Section
107.300 Record
107.302 Filing of the Record
107.304 Record Contents
107.306 Preparing of the Record
107.308 Certification of Record
SUBPART D: HEARING
Section
107.400 General
107.402 Authority and Duties of Hearing Officer
107.404 Public Participation
SUBPART E: BOARD REVIEW AND DECISION
Section
107.500 Preliminary Board Determination/Set for Hearing
107.502 Dismissal of Petition
107.504 Decision Deadline
107.506 Burden of Proof
75
APPENDIX A
Comparison of Former and Current Rules
AUTHORITY: Authorized by Sections 26 and 27 of the Environmental Protection Act (Act)
[415 ILCS 5/26 and 27] and implementing Sections 39.2, and 40.1 of the Act [415 ILCS 5/39.2
and 40.1].
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; old
part repealed, new Part adopted in R00-20 at 25 Ill. Reg.539, effective January 1, 2001; amended
in R03-10 _____, effective ________.
SUBPART C: FILING OF LOCAL RECORD
Section 107.302 Filing of the Record
The siting authority must, in accordance with 35 Ill. Adm. Code 101.302(h), file the record of its
proceedings with the Board as directed by Board or hearing officer order. Failure to file the
entire record on the date directed by the Board or hearing officer may subject the respondent to
sanctions as may be ordered by the Board in accordance with 35 Ill. Adm. Code 101.Subpart H.
(Source: Amended at 27 Ill. Reg. ______, effective ______________)
Section 107.304 Record Contents
a) The record must contain all information or evidence presented to the local siting
authority or relied upon by the local siting authority during its hearing process
including:
1) The siting application;
2) Any and all transcripts of local hearings;
3) All briefs and other arguments and statements of parties and participants;
4) All exhibits relied upon by the local siting authority in making its
decision;
5) All written public comments relevant to the local government proceeding;
6) Minutes of all relevant open meetings of the siting authority;
76
7) Notices of hearings or all relevant meetings of the siting authority;
8) The written decision of the siting authority made pursuant to Section 39.2
of the Act;
9) Certificate of Record as described in Section 107.308 of this Part; and
10)
If, prior to making a final local siting decision, a county board or
governing body of a municipality has negotiated and entered into a host
agreement with the local siting applicant, the terms and conditions of the
host agreement, whether written or oral, shall be disclosed and made a
part of the hearing record for that local siting proceeding. In the case of
an oral agreement, the disclosure shall be made in the form of a written
summary jointly prepared and submitted by the county board or governing
body of the municipality and the siting applicant and shall describe the
terms and conditions of the oral agreement.
[415 ILCS 5/39.2(e)]
b) The record must contain the originals or legible copies of all documents, must be
arranged in chronological sequence, and must be sequentially numbered, placing
the letter “C” before the number of each page.
c)
Seven copies of the transcript and one original and 9 copies of all other
documents in the record must be filed with the Board.
(Source: Amended at 27 Ill. Reg. ______, effective ______________)
SUBPART E: BOARD REVIEW AND DECISION
Section 107.500 Preliminary Board Determination/Set for Hearing
Upon proper filing of the petition, the Board will set the matter for hearing unless it determines
that the matter is frivolous or duplicitous duplicative as required by Section 40.1(b) of the Act.
(Source: Amended at 27 Ill. Reg. ______, effective ______________)
APPENDIX A Comparison of Former and Current Rules
The following table compares the former procedural rules (in effect on December 31, 2000) with
the current procedural rules (effective January 1, 2001).
FORMER PART 107 CURRENT
SECTION
107.100 105.500
107.101 105.102
107.102 105.502
107.103 105.104
77
107.120 105.504(a)
107.121 105.504(b)
107.122 105.506
107.123 105.504(c)
107.124 105.508
107.Subpart C 105.108
107.Subpart D 105.510
107.Subpart E 105.100(b)
101.Subpart F
107.Subpart F 105.100(b)
101.Subpart F
107.Subpart G 105.100
101.Subpart E
107.Subpart H 105.100
101.Subpart F
107.Subpart I 105.100
101.Subpart F
107.Subpart K 105.100
101.Subpart F
107.320 105.100
101.Subpart H
107.Subpart M 105.100
101.Subpart I
107.Subpart N 105.100
101.Subpart I
(Source: Repealed at 27 Ill. Reg. ______, effective ______________)
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 125
TAX CERTIFICATIONS
SUBPART A: GENERAL PROVISIONS
Section
125.100 Applicability
125.102 Severability
125.104 Definitions
SUBPART B: TAX CERTIFICATION OF POLLUTION CONTROL FACILITIES AND LOW
SULFUR DIOXIDE EMISSION COAL FUELED DEVICES
78
Section
125.200 General
125.202 Tax Certification Application
125.204 Agency Recommendation
125.206 Petition to Contest
125.208 Agency Record
125.210 Public Hearing
125.212 Hearing Notice
125.214 Burden of Proof
125.216 Board Action
AUTHORITY: Implementing and authorized by Sections 11-5, 11-10, 11-20, 11-25, 11-30, 11-
35, 11-40, 11-50, and 11-55 of the Property Tax Code [35 ILCS 200/11-5, 11-10, 11-20, 11-25,
11-30, 11-35, 11-40, 11-50, and 11-55] and Sections 26 and 27 of the Environmental Protection
Act (the Act) [415 ILCS 5/26 and 27].
SOURCE: Adopted in R00-20 at 25 Ill. Reg. 642, effective January 1, 2001; amended in R03-10
at 27 Ill. Reg. _____, effective ________.
SUBPART B: TAX CERTIFICATION OF POLLUTION CONTROL FACILITIES AND LOW
SULFUR DIOXIDE EMISSION COAL FUELED DEVICES
Section 125.216 Board Action
a) Pollution Control Facilities.
If it is found that the claimed facility or relevant
portion thereof is a pollution control facility as defined in
Section 125.200(a)(1)
of this Part,
the Board shall enter a finding and issue a certificate to that effect.
The certificate shall require tax treatment as a pollution control facility, but only
for the portion certified if only a portion is certified. The effective date of a
certificate shall be the date of
the application petition
for the certificate or the
date of the constructiony, whichever is later.
[35 ILCS 200/11-25]
b) Low Sulfur Dioxide Emission Coal Fueled Devices.
If it is found that the claimed
device meets the definition
of low sulfur dioxide emission coal fueled device as
set forth in Section 125.200(b)(1) of this Part,
the Board shall enter a finding and
issue a certificate that requires tax treatment as a low sulfur dioxide emission
coal fueled device. The effective date of a certificate shall be on January 1
preceding the date of certification or preceding the date construction or
installation of the device commences, whichever is later.
[35 ILCS 200/11-55]
c) After notice to the holder of the certificate and an opportunity for a hearing
pursuant to this Subpart,
the Board may on its own initiative revoke or modify a
pollution control certificate or a low sulfur dioxide emission coal fueled device
certificate whenever any of the following appears:
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1)
The certificate was obtained by fraud or misrepresentation;
2)
The holder of the certificate has failed substantially to proceed with the
construction, reconstruction, installation, or acquisition of pollution
control facilities or a low sulfur dioxide emission coal fueled device; or
3)
The pollution control facility to which the certificate relates has ceased to
be used for the primary purpose of pollution control and is being used for
a different purpose.
[35 ILCS 200/11-30]
d) The Clerk will provide the applicant and the Agency with a copy of the Board’s
order setting forth
the Board’s findings and certificate, if any
[35 ILCS 200/11-
30].
(Source: Amended at 27 Ill. Reg. ______, effective ______________)
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 130
IDENTIFICATION AND PROTECTION OF TRADE SECRETS AND OTHER NON-
DISCLOSABLE INFORMATION
SUBPART A: GENERAL PROVISIONS
Section
130.100 Purpose and Applicability
130.102 Additional Procedures
130.104 Definitions and Severability
130.106 Segregation of Articles
130.108 Disposal of Articles
130.110 Articles Containing Emission Data
SUBPART B: PROCEDURES FOR IDENTIFYING ARTICLES THAT REPRESENT TRADE
SECRETS
Section
130.200 Initiation of a Claim that an Article Represents a Trade Secret
130.201 State Agency Request for Justification of Claims
130.202 Time Limit for Delayed Submission of Justification
130.203 Contents of Statement of Justification
130.204 Waiver of Statutory Deadlines
130.206 Deadline for State Agency Trade Secret Determination
130.208 Standards for State Agency Determination
130.210 State Agency Actions Following a Negative Determination
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130.212 State Agency Actions Following a Positive Determination
130.214 Review of State Agency Trade Secret Determination
130.216 Effect of a Determination of Trade Secret Status on Other State Agencies
130.218 Status of Article Determined or Claimed to Represent a Trade Secret Before
January 1, 2001
130.220 Extension of Deadlines to Participate in Proceedings
SUBPART C: PROCEDURES FOR PROTECTING ARTICLES THAT REPRESENT TRADE
SECRETS
Section
130.300 Applicability
130.302 Owner’s Responsibility to Mark Article
130.304 State Agency’s Responsibility to Mark Article
130.306 Transmission of Article Between State Agencies
130.308 Public Access to Information Related to Article
130.310 Access to Claimed or Determined Article
130.312 Unauthorized Disclosure or Use of Article
130.314 Limitation on Copying Article
SUBPART D: NON-DISCLOSABLE INFORMATION OTHER THAN TRADE SECRETS
Section
130.400 General
130.402 Who May View Non-Disclosable Information
130.404 Application for Non-Disclosure
130.406 Public Inspection
130.408 Board Order
APPENDIX A
Comparison of Former and Current Rules
AUTHORITY: Implementing Sections 7 and 7.1 of the Environmental Protection Act (Act)
[415 ILCS 5/7 and 7.1] and authorized by Sections 7, 7.1, 26, and 27 of the Act [415 ILCS 5/7,
7.1, 26, 27].
SOURCE: Subparts A, B, and C originally adopted in R81-30 at 7 Ill. Reg. 16149, effective
November 23, 1983. Subpart D originally adopted in R88-5(A) at 13 Ill. Reg. 12055, effective
July 10, 1989; old Part repealed, new Part adopted in R00-20 at 25 Ill. Reg. 516, effective
January 1, 2001; amended in R03-10 at 27 Ill. Reg. _____, effective _________.
SUBPART A: GENERAL PROVISIONS
Section 130.110 Articles Containing Emission Data
a)
All emission data reported to or otherwise obtained by the Illinois Environmental
Protection Agency, the Board, or DNR in connection with any examination,
81
inspection or proceeding under the Act shall be available to the public to the
extent required by the federal Clean Air Act Amendments of 1977 (P.L. 95-95) as
amended
[415 ILCS 5/7(c)].
b) For purposes of this Section, “emission data” means:
1) The identity, amount, frequency, concentration, or other characteristics
(related to air quality) of any contaminant that:
A) Has been emitted from an emission unit;
B) Results from any emission by the emission unit;
C) Under an applicable standard or limitation, the emission unit was
authorized to emit; or
D) Is a combination of any of the items described in subsection
(b)(1)(A), (B), or (C) of this Section.
2) The name, address (or description of the location), and the nature of the
emission unit necessary to identify the emission unit, including a
description of the device, equipment, or operation constituting the
emission unit.
c) In addition to subsection (b) of this Section, information necessary to determine
or calculate emission data, including rate of operation, rate of production, rate of
raw material usage, or material balance, will be deemed to represent emission data
for the purposes of this Section if the information is contained in a permit to
ensure that the permit is practically enforceable.
(Source: Amended at 27 Ill. Reg. ______, effective ______________)
SUBPART C: PROCEDURES FOR PROTECTING ARTICLES THAT REPRESENT TRADE
SECRETS
Section 130.302 Owner’s Responsibility to Mark Article
a) When an entire article is claimed to represent a trade secret, the owner must mark
the article with the words “Trade Secret” in red or bold letters ink on the face or
front of the article.
b) When less than an entire article is claimed to represent a trade secret, the owner
must:
1) Mark the article with the words “Trade Secret” in red or bold letters ink on
the face or front of the article;
82
2) Indicate on the face or front of the article which page or portion of the
article is claimed to represent a trade secret;
3) Mark every page or portion of the article that is claimed to represent a
trade secret with the words “Trade Secret;” in red or bold letters; and
4) Furnish the State agency with a second copy of the article that is marked
pursuant to subsections (b)(1) and (2) of this Section and from which the
page or portion of the article that is claimed to represent a trade secret is
deleted.
(Source: Amended at 27 Ill. Reg. ______, effective ______________)
Section 130.304 State Agency’s Responsibility to Mark Article
a) When an entire article is determined to represent a trade secret pursuant to Section
130.208 of this Part, the State agency must mark the article with the word
“DETERMINED” in red or bold letters ink on the face or front of the article and
must also mark any claim letter submitted for the article.
b) When less than an entire article is determined to represent a trade secret pursuant
to Section 130.208 of this Part, the State agency must:
1) Mark the article with the word “DETERMINED” in red or bold letters ink
on the face or front of the article;
2) Indicate on the face or front of the article and any claim letter submitted
for the article which page or portion of the article is determined to
represent a trade secret; and
3) Mark every page or portion of the article that is determined to represent a
trade secret with the word “DETERMINED.” in red or bold letters.
(Source: Amended at 27 Ill. Reg. ______, effective ______________)
SUBPART D: NON-DISCLOSABLE INFORMATION OTHER THAN TRADE SECRETS
Section 130.404 Application for Non-Disclosure
a) Except as provided in subsection (c)(4) of this Section, the applicant must file a single
copy of the following:
1) The article that is sought to be protected from disclosure; and
2) The application for non-disclosure.
83
b) When an entire article is sought to be protected from disclosure, the applicant
must mark the article with the words “NON-DISCLOSABLE INFORMATION”
in red or bold letters ink on the face or front of the article.
c) When less than an entire article is sought to be protected from disclosure, the
applicant must:
1) Mark the article with the words “NON-DISCLOSABLE
INFORMATION” in red or bold letters ink on the face or front of the
article;
2) Indicate on the face or front of the article which page or portion of the
article is claimed to be non-disclosable information;
3) Mark every page or portion of the article sought to be protected from
disclosure with the words “NON-DISCLOSABLE INFORMATION;” in
red or bold letters;
4) File with the Clerk a second copy of the article that is marked pursuant to
subsections (c)(1) and (c)(2) of this Section and from which the page or
portion sought to be protected from disclosure is deleted.
d) The applicant is not required to serve any other persons with the article or the
page or portion thereof for which the applicant seeks protection from disclosure.
e) The application for non-disclosure must contain the following:
1) Identification of the particular non-disclosure category into which the
material that is sought to be protected from disclosure falls (see 35 Ill.
Adm. Code 101.202 for the definition of “non-disclosable information”);
2) A concise statement of the reasons for requesting non-disclosure;
3) Data and information on the nature of the material that is sought to be
protected from disclosure, identification of the number and title of all
persons familiar with the data and information, and a statement of how
long the material has been protected from disclosure;
4) An affidavit verifying the facts set forth in the application for non-
disclosure that are not of record in the proceeding; and
5) A waiver of any decision deadline in accordance with Section 130.204 of
this Part.
(Source: Amended at 27 Ill. Reg. ______, effective ______________)
84
Section 130.408 Board Order
a) If the Board determines that the article or any page or portion thereof is non-
disclosable information, the Board will mark the word “DETERMINED” in red or
bold letters on the face or front and on every page or portion determined to be
non-disclosable information.
b) If the Board determines that the article, or any page or portion thereof is not non-
disclosable information, the Board may enter a conditional non-disclosure order
allowing the applicant to withdraw the material addressed in the order. If the
applicant fails to withdraw the material by the deadline given in the Board order,
the material will be returned to the Clerk’s normal file and will be made available
for the public to inspect.
(Source: Amended at 27 Ill. Reg. ______, effective ______________)
APPENDIX A Comparison of Former and Current Rules
The following table compares the former procedural rules (in effect on December 31, 2000) with
the current procedural rules (effective January 1, 2001).
FORMER PART 120 CURRENT
SECTION
120.101 130.100
120.102 130.100
120.103 101.200
101.202
130.104
120.201 130.200
120.202 130.203
120.203 130.204
120.215 130.201
120.220 130.202
120.225 130.206
120.230 130.208
120.240 130.210
120.245 130.212
120.250 130.214
120.260 130.216
120.265 130.218
120.270 130.220
120.301 130.300
120.305 130.302
120.310 130.304
120.315 130.306
85
120.320 130.106
120.325 130.308
120.330 130.310
120.340 130.310
120.350 130.312
120.360 130.108
120.401 130.102
(Source: Repealed at 27 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 7, 2002, by a vote of 6-0.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
