ILLINOIS POLLUTION CONTROL BOARD
December 4, 1980
IN THE MATTER OF:
PROPOSED
ANENDMENT
TO RULES
)
R80-7
502(a)
and 503(a)
OF CHAPTER
)
ONE, PROCEDURAL RULES
ADOPTED RULE.
FINAL ORDER.
ORDER OF THE BOARD
(by D. Satchell):
On April 24,
1980 the Illinois Environmental Protection
Agency
(Agency)
filed a proposal to amend Procedural Rules
502(a) (2)
and 503(a)
to reflect recent amendments to Section 40
of the Environmental Protection Act.
These same rules are sub-
ject to modification in R80-l5 which is pending before the Board.
On July 24,
1980 the Board adopted the Agency proposal for com-
ment (Proposed Rule, First Notice).
It was published in Environ—
mental Register No. 221 on August 5,
1980 and in Illinois Register
on August 22, 1980,
p.
85.
The Board received no comment.
On
October
7, 1980 the Board ordered the second notice sent to the
Joint Committee on Administrative Rules.
The second notice period
commenced October 28,
1980 and concluded November 19,
1980 with
no objection.
In response to comments from the Joint Committee staff, the
Board will modify the second sentence of Procedural Rule 503(a) (1),
which concerns commencement of the appeal period, so that
it
is
parallel to the similar provision of the first sentence of Pro-
cedural Rule 502(a) (2)
and reads as follows:
“The petition
shall be filed within thirty-five days of the ~s~a~ee
date of
mailing of the ~erm±~ Agençy~s
final
decision to the applicant.
The Board hereby adopts the amendments to Procedural Rules
502 and 503 which appear below,
The Clerk
is directed to file
the Rules with the Secretary of State.
502
Permit Appeals
(a)
Permit Appeals
Other Than NPDES
Permit Appeals:
1.
If the Agency denies
the
permit, it shall advise
the permit applicant in writing in accordance
40—91
—2—
with the requirements of Section
39(a)
of the
Act.
2.
In the case of a denial of a permit or issuance
by the Agency of a permit with one or more con-
ditions or limitations to which an applicant ob-
jects, an applicant who seeks to appeal the Agency
decision shall file a petition for a hearing before
the Board within
35
days of the date of mailing of
the Agency~sfinal decision,
The petition shall
include:
(i)
Citation of the particular standards under
which a permit is sought;
(ii)
A complete and precise description of the
facility, equipment, vehicle, vessel, or
aircraft for which a permit is sought,
including its location;
(iii)
A complete description of contaminant
emissions and of proposed methods for
their control;
and
(iv)
Such other materials
as may be necessary
to demonstrate
that
the activity for which
the permit
is
sought will not cause a
violation of the Act or the regulations.
3.
The method of filing service shall be in accordance
with Rules
304 and
305 of
these Procedural Rules.
4.
The Agency shall appear as respondent in the hearing
and shall, within
14 days, upon notice of the peti-
tion, file with the Board the entire Agency record
of the permit application, including:
(i)
The
application;
(ii)
Correspondence with the applicant;
and
(iii)
The denial.
5.
The Clerk shall give notice of the petition and
hearing in accordance with Part III.
6.
The proceedings shall be in accordance with the
Rules set forth in Part III of these Rules.
Afl—q7
—3—
(b)
NPDES Permit Appeals:
1.
If the Agency denies an NPDES Permit, it shall
advise the permit applicant
in writing in accordS-
ance with the requirements of Section
39(a)
of
the Act.
2.
In the case of the denial of an NPDES Permit or the
issuance by the Agency of an NPDES Permit with one
or more conditions or limitations to which the
applicant objects, the applicant may contest the
decision of the Agency by filing with the Clerk of
the Board a petition for review of the Agency’s
action in accordance with this Rule.
3.
Any
person other than the applicant who has been a
party to or participant at an Agency hearing with
respect to the issuance or denial of an NPDES Permit
by the Agency, or any person who requested such a
hearing in accordance with applicable rules, may
contest the final decision of the Agency by filing
with the Clerk a petition for review of the Agency’s
action.
4.
The petition
shall be
filed and notice issued within
30 days from the date the Agency’s final decision
has been mailed to the applicant and all other per-
sons who have
right of
appeal.
The method of filing
and service shall be
in
accordance with Rules 304
and 305 of these Procedural Rules,
5.
The Agency shall appear as respondent and shall file
an Answer consisting of the hearing file of any
hearing which may have been held before the Agency,
including any exhibits, and the following documents:
NPDES Permit application, NPDES Permit denial or is-
suance letter, and all correspondence with the
applicant concerning the application.
6.
All parties other than the petitioner who were parties
to or participants
at any
Agency hearing shall be made
respondents.
7.
The petition shall contain a statement of the decision
or part thereof to be reviewed.
The Board upon motion
of any respondent shall, or upon its own motion may,
require of the petitioner a specification of the
errors upon which the petitioner relies in his petition.
jjfl_q~
—4—
8.
The hearings before the Board shall extend to all
questions of law and fact presented by the entire
record.
The Agency’s findings and conclusions on
questions of fact shall be prima facie true and
correct.
If the Agency’s conclusions of fact are
disputed by the party or if issues of fact are
raised in the review proceeding, the Board may make
its own determination of fact based on the record.
If any party desires to introduce evidence before
the Board with respect to any disputed issue of
fact, the Board shall conduct a de novo hearing and
receive evidence with respect to such issue of fact.
9.
This proceeding shall be in accordance with the rules
set forth in Part III of these Procedural Rules.
10.
The order of the Board entered pursuant to hearing
may affirm or reverse the decision of the Agency, in
whole or in part, may remand the proceeding to the
Agency for the taking of further evidence, or may
direct the issuance of the permit in such form as it
deems
just, based upon the law and the evidence.
503
Permit Review
(a)
Permit Review for Hazardous Waste Disposal Sites:
1.
Any
person other
than the applicant or the Agency
may petition the Board for a hearing to contest the
issuance of a permit for a hazardous waste disposal
site.
The petition shall be filed within 35 days of
the date of mailing of the Agency’s final decision
to the applicant.
The Agency and the applicant shall
be named co—respondents.
The Board shall conduct
a
public hearing, in accordance with Rule 502 and Part
III hereof, unless
it
determines
that:
(A)
The petition is duplicitous
or frivolous;
(B)
The petitioner is so located as not to be
affected by
the
permitted
facility; or
(C)
The permit was granted for the disposal or
utilization of sludge from publicly owned
sewage works,
2.
The hearing shall be based exclusively on the record
before the Agency at the time the permit was issued.
40—94
—5—
The burden of proving that the Agency’s action was
in violation of the Act or applicable Board regula-
tions shall be upon the petitioner.
(b)
NPDES Permit Review:
Any person may file a complaint, whether or not a
party to or participant to
any
earlier proceeding
before the Agency, or for modification, suspension,
or revocation of an NPDES Permit in accordance with
Rule 912 of Chapter
3, Subpart A.
Such a complaint
shall be commenced in accordance with Procedural Rule
304.
Part III of these Rules shall govern the pro-
ceeding.
IT IS SO ORDERED.
Mr. Werner abstained,
I, Christan L. Moffet, Clerk of the Illinois Pollution
Control Board, hereby certify that/the above Opinion and Order
were adopted on the ~
day of
~
1980 by a vote
~trolBoard
40—95