reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart G - INVOLUNTARY TERMINATION OF ENVIRONMENTAL MANAGEMENT SYSTEM AGREEMENTS (EMSAs) › Section 106.712 - Deficient Performance

Current through Register Vol. 48, No. 28, July 12, 2024
a) For
				purposes of this Subpart, a respondent's performance under its EMSA is
				deficient if the Board finds that any of the following conditions exist:
1) The respondent misrepresented the factual
				basis for entering into the EMSA.
2) The respondent failed to provide access to
				the pilot project for the Agency to monitor compliance with an EMSA.
3) The respondent falsified any monitoring
				data, record-keeping information or reports regarding the pilot
				project.
4) The respondent or the
				owner or operator of the pilot project failed to comply with any requirement of
				any federal or local environmental law or regulation that applies to the pilot
				project and that the EMSA does not address, and for which a citizen's complaint
				has been filed with a court of competent jurisdiction or the appropriate
				authority has sent a notice of violation, complaint or other notice of failure
				to comply to the respondent or the owner or operator of the pilot
				project.
5) The respondent or the
				owner or operator of the pilot project failed to comply with any requirement of
				any State environmental law or regulation that applies to the pilot project and
				that the EMSA does not address, and for which a citizen's complaint has been
				filed with the Board, or the Agency has mailed a notice of violation to the
				respondent or the owner or operator of the pilot project under Section 31(a) or
				(b) of the Act.
6) The respondent
				failed to comply with its EMSA, subject to any grace or cure periods or rights
				contained in the EMSA.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart G - INVOLUNTARY TERMINATION OF ENVIRONMENTAL MANAGEMENT SYSTEM AGREEMENTS (EMSAs) › Section 106.714 - Board Decision

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Board will make a decision as expeditiously as practicable. The Board's order
				will:
1) Terminate the EMSA;
2) Defer termination for a specified time,
				not to exceed 90 days from the date of the order, during which the respondent
				may rectify the deficient performance; or
3) Reject termination of the EMSA.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart G - INVOLUNTARY TERMINATION OF ENVIRONMENTAL MANAGEMENT SYSTEM AGREEMENTS (EMSAs) › Section 106.716 - Burden of Proof

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency has the burden to prove, by a preponderance of the
				  evidence, that there has been deficient performance under the EMSA, as set
				  forth in Section
				  106.712(a)
				  of this Subpart.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart G - INVOLUNTARY TERMINATION OF ENVIRONMENTAL MANAGEMENT SYSTEM AGREEMENTS (EMSAs) › Section 106.720 - Intervention

Current through Register Vol. 48, No. 28, July 12, 2024
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 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.
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.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart G - INVOLUNTARY TERMINATION OF ENVIRONMENTAL MANAGEMENT SYSTEM AGREEMENTS (EMSAs) › Section 106.728 - Settlement Procedure

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
				parties to any proceeding in which a settlement is proposed must file with the
				Clerk before the time of the scheduled hearing a written statement, signed by
				the parties or their authorized representatives, that outlines the nature of,
				the reasons for, and the purpose to be accomplished by, the settlement. The
				statement must contain:
1) A full stipulation
				of all material facts that pertain to the nature, extent and causes of the
				alleged violations;
2) The nature
				of the relevant parties' operations and control equipment;
3) Any explanation for past failures to
				comply and an assessment of the impact on the public from the failure to
				comply;
4) Details about future
				plans for compliance, including a description of additional control measures
				and the dates on which they will be implemented; and
5) The proposed performance assurance
				payment, if any.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart G - INVOLUNTARY TERMINATION OF ENVIRONMENTAL MANAGEMENT SYSTEM AGREEMENTS (EMSAs) › Section 106.730 - Authority of Hearing Officer, Board Members, and Board Assistants (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart G - INVOLUNTARY TERMINATION OF ENVIRONMENTAL MANAGEMENT SYSTEM AGREEMENTS (EMSAs) › Section 106.732 - Order and Conduct of Hearing (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart H - AUTHORIZATIONS UNDER THE REGULATION OF PHOSPHORUS IN DETERGENTS ACT › Section 106.800 - General

Current through Register Vol. 48, No. 28, July 12, 2024
a) Description.
				This Subpart applies to any person who files a petition for Board authorization
to use cleaning agents that contain phosphorus of an amount exceeding
				0.5 % by weight.
[
				415 ILCS
				92/5(e) ]
b) Parties. The person filing the petition
				for authorization must be named the petitioner.
c) Filing and Service. The filing and service
				requirements of 35 Ill. Adm. Code 101. Subparts C and J will apply to the
				proceedings of this Subpart.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart H - AUTHORIZATIONS UNDER THE REGULATION OF PHOSPHORUS IN DETERGENTS ACT › Section 106.802 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
The definitions of 35 Ill. Adm. Code 101 Subpart B and
				  Section 5 of the Regulation of Phosphorus in Detergents Act will apply to this
				  Subpart unless otherwise provided, or unless the context clearly indicates
				  otherwise. If there is a conflict, the definitions of Section 5 of the Act will
				  apply.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart H - AUTHORIZATIONS UNDER THE REGULATION OF PHOSPHORUS IN DETERGENTS ACT › Section 106.804 - Initiation of Proceeding

Current through Register Vol. 48, No. 28, July 12, 2024
The petitioner must file the petition for authorization with
				  the Clerk and must serve one copy upon the Agency.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart H - AUTHORIZATIONS UNDER THE REGULATION OF PHOSPHORUS IN DETERGENTS ACT › Section 106.806 - Petition Content Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
The petition must contain the following information:
a) A written statement, signed by the
				petitioner or an authorized representative, concerning the cleaning agent
				containing excess phosphorus for which authorization is sought and outlining a
				description of the cleaning agent and its phosphorus content, the duration of,
				the reasons for, and the basis of the authorization sought, consistent with the
				burden of proof stated in Section
				106.812;
b) The nature of the petitioner's
				operations;
c) Any other
				information that may be required by Section 5 of the Regulation of Phosphorus
				in Detergents Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart H - AUTHORIZATIONS UNDER THE REGULATION OF PHOSPHORUS IN DETERGENTS ACT › Section 106.808 - Response and Reply

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Within 21 days after the filing of a petition, the Agency may file a response
				to any petition in which it has not joined as co-petitioner. The response must
				include the comments concerning potential Board action on the
				petition.
b) The petitioner may
				file a reply within 14 days after the service of any Agency response.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart H - AUTHORIZATIONS UNDER THE REGULATION OF PHOSPHORUS IN DETERGENTS ACT › Section 106.810 - Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
The Board will hold a public hearing in an authorization
				  proceeding only if a hearing is requested by the petitioner, the Agency, or any
				  other person within 14 days after the filing of any reply under Section
				  106.808(b).
				  The hearing officer will schedule the hearing. The Clerk will give notice of
				  hearing in accordance with 35 Ill. Adm. Code 101. The proceedings will be in
				  accordance with 35 Ill. Adm. Code 101. Subpart F, including any hearing held by
				  video conference (see 35 Ill. Adm. Code
				  101.600(b)
				  ).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart H - AUTHORIZATIONS UNDER THE REGULATION OF PHOSPHORUS IN DETERGENTS ACT › Section 106.812 - Burden of Proof

Current through Register Vol. 48, No. 28, July 12, 2024
The burden of proof is on the petitioner. The petitioner must
				  demonstrate that:
a) There is no
				adequate substitute for that cleaning agent for which authorization is sought;
				or
b) Compliance with the
				requirements of Section 5 of the Regulation of Phosphorus in Detergents Act
				would otherwise be unreasonable or create a significant hardship on the user.
				[415 ILCS
				92/5(e) ]
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart I - AUTHORIZATIONS FOR CERTAIN LANDSCAPE WASTE AND COMPOST APPLICATIONS AND ON-FARM COMPOSTING FACILITIES › Section 106.900 - General

Current through Register Vol. 48, No. 28, July 12, 2024
a) Applicability.
				This Subpart applies to any person who files a petition for Board authorization
				concerning an individual site to:
1) Apply
				landscape waste or composted landscape waste at a rate greater than the
				agronomic rates of 20 tons per acre per year, under Sections 21(q) and (q)(2)
				of the Act; or
2) Operate an
				on-farm composting facility constituting more than 2% of the property's total
				acreage, under Section 21(q)(3) of the Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart I - AUTHORIZATIONS FOR CERTAIN LANDSCAPE WASTE AND COMPOST APPLICATIONS AND ON-FARM COMPOSTING FACILITIES › Section 106.902 - Initiation of Proceeding

Current through Register Vol. 48, No. 28, July 12, 2024
The petitioner must file the petition for authorization with
				  the Clerk and must serve one copy upon the Agency.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart I - AUTHORIZATIONS FOR CERTAIN LANDSCAPE WASTE AND COMPOST APPLICATIONS AND ON-FARM COMPOSTING FACILITIES › Section 106.904 - Petition Content Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
The petition must contain the following information:
a) A written statement, signed by the
				petitioner or an authorized representative, concerning the property for which
				authorization is sought, outlining a description of the specific percentage of
				the property or the specific application rate sought and the duration of, the
				reasons for, and the basis for the authorization sought, consistent with the
				burden of proof stated in Section
				106.914;
b) The nature of the petitioner's
				operations;
c) Any other applicable
				information that may be required by Section 21(q) of the Act, including:
1) A map of the location where land
				application or composting would take place;
2) A description of the uses of the
				surrounding areas; the method for nutrient calculations;
3) The soil sampling analysis for samples
				taken within one year prior to the filing of the petition in accordance with
				the sampling protocols of subsections (e) and (f);
4) The intended crop or planting; a
				description of any additives to the landscape waste;
5) The method for incorporating the landscape
				waste or compost into the soil;
6)
				The maximum time between acceptance of landscape waste or compost and its
				incorporation into soil;
7) The
				weather conditions under which incorporation will occur; the method of
				minimizing stormwater/snowmelt runoff;
8) A screening plan to ensure materials
				accepted do not contain materials other than landscape waste;
9) A contingency plan that describes methods
				for dealing with emergency situations and methods for the removal of material
				that is not landscape waste from incoming loads; and
10) The method of preventing nuisance
				conditions such as vectors, odors, litter or dust.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart I - AUTHORIZATIONS FOR CERTAIN LANDSCAPE WASTE AND COMPOST APPLICATIONS AND ON-FARM COMPOSTING FACILITIES › Section 106.906 - Petition Notice Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) The petitioner must 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 Section 21(q) petition.
b) Notice Requirements. The information in
				the notice must be presented so as to be understood in accordance with the
				context of this Section's requirements.
1)
				The title of the notice must be in the following form: "Notice of Petition For
				Authorization Under
				415 ILCS
				5/21(q) by (petitioner's name) before
				the Illinois Pollution Control Board".
2) The notice must contain the name and
				address of the petitioner and the statement that the petitioner has filed with
				the Board an authorization petition under Section 21(q).
3) The notice must provide the date upon
				which the petition was filed, the Board docket number, the proposed
				authorization, a general description of the petitioner's activity that is the
				subject of the authorization proceeding and the location of the petitioner's
				activity.
4) The concluding portion
				of the notice must read as follows:
"Any person may cause a public hearing to be held in the
				  above-described authorization 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,
				  and must be mailed to the Clerk, Illinois Pollution Control Board, 100 W.
				  Randolph Street, Suite 11-500, Chicago, Illinois 60601."
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart I - AUTHORIZATIONS FOR CERTAIN LANDSCAPE WASTE AND COMPOST APPLICATIONS AND ON-FARM COMPOSTING FACILITIES › Section 106.908 - Proof of Petition Notice Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
Within 30 days after the filing of the petition, the
				  petitioner must file a certificate of publication, issued by the publisher of
				  the authorization petition notice certifying the publication of that notice.
				  The certificate must be issued in accordance with Section 1 of the Notice by
				  Publication Act [715 ILCS
				  5/1 ].
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart I - AUTHORIZATIONS FOR CERTAIN LANDSCAPE WASTE AND COMPOST APPLICATIONS AND ON-FARM COMPOSTING FACILITIES › Section 106.910 - Response and Reply

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Within 45 days after the filing of a petition, the Agency may file a response
				to any petition in which it has not joined as co-petitioner. The response must
				include the comments concerning potential Board action on the
				petition.
b) The petitioner may
				file a reply within 14 days after the service of any Agency response.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart I - AUTHORIZATIONS FOR CERTAIN LANDSCAPE WASTE AND COMPOST APPLICATIONS AND ON-FARM COMPOSTING FACILITIES › Section 106.912 - Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any person can
				request that a public hearing be held in an authorization 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
				106.906.
				Requests for hearing must make reference to the Board docket number assigned to
				the proceeding. A copy of each timely hearing request will be mailed to the
				petitioner and Agency by the Clerk. Participation by the public at the hearing
				must be in accordance with 35 Ill. Adm. Code
				101.110 and
				101.628.
				The Board may also, in its discretion, hold a public hearing when it determines
				a public hearing is advisable.
b)
				When all parties and participants who have requested a hearing under this
				Subpart have withdrawn their requests for a hearing, the hearing will not be
				held unless the Board, in its discretion, deems it advisable.
c) The hearing officer will set a time and
				place for the hearing. The hearing officer will attempt to consult with the
				petitioner and the Agency before scheduling a hearing.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart I - AUTHORIZATIONS FOR CERTAIN LANDSCAPE WASTE AND COMPOST APPLICATIONS AND ON-FARM COMPOSTING FACILITIES › Section 106.914 - Burden of Proof

Current through Register Vol. 48, No. 28, July 12, 2024
The burden of proof is on the petitioner. A petitioner may
				  seek authorization, for an individual site, to:
a) Apply landscape waste or composted
				landscape waste at rates greater than "agronomic rates" of not more than 20
				tons per acre per year. An owner or operator seeking to apply landscape waste
				or composted landscape waste in accordance with Section 21(q)(2) of the Act at
				rates greater than agronomic rates must demonstrate to the Board that the
				site's soil characteristics or crop needs require a higher rate as specified in
				the petition. [415 ILCS
				5/21(q) ]
b) Increase in total acreage of on-farm
				composting facility. A farm owner or operator seeking to apply landscape waste
				or landscape waste compost in accordance with Section 21(q)(3)(A) of the Act at
				a composting facility on which the composting material is utilized and who
				proposes to do so on more than 2% ofthe property's total acreage on which the
				composting material is utilized by the farmer, must demonstrateto the Board
				that the site's soil characteristics or crop needs require a higher rate as
				specified in the petition.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart J - TEMPORARY LANDFILL BAN WAIVERS UNDER THE ELECTRONIC PRODUCTS RECYCLING AND REUSE ACT › Section 106.1000 - General (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart J - TEMPORARY LANDFILL BAN WAIVERS UNDER THE ELECTRONIC PRODUCTS RECYCLING AND REUSE ACT › Section 106.1002 - Definitions (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart J - TEMPORARY LANDFILL BAN WAIVERS UNDER THE ELECTRONIC PRODUCTS RECYCLING AND REUSE ACT › Section 106.1004 - Initiation of Proceeding (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart J - TEMPORARY LANDFILL BAN WAIVERS UNDER THE ELECTRONIC PRODUCTS RECYCLING AND REUSE ACT › Section 106.1006 - Petition Content Requirements (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart J - TEMPORARY LANDFILL BAN WAIVERS UNDER THE ELECTRONIC PRODUCTS RECYCLING AND REUSE ACT › Section 106.1008 - Response and Reply (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart J - TEMPORARY LANDFILL BAN WAIVERS UNDER THE ELECTRONIC PRODUCTS RECYCLING AND REUSE ACT › Section 106.1010 - Burden of Proof (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart J - TEMPORARY LANDFILL BAN WAIVERS UNDER THE ELECTRONIC PRODUCTS RECYCLING AND REUSE ACT › Section 106.1012 - Board Decision (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart J - TEMPORARY LANDFILL BAN WAIVERS UNDER THE ELECTRONIC PRODUCTS RECYCLING AND REUSE ACT › Appendix A - Comparison of Former and Current Rules (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart K - ALTERNATIVE THERMAL EFFLUENT LIMITATIONS PURSUANT TO SECTION 316(a) OF THE CLEAN WATER ACT AND 35 ILL. ADM. CODE 304.141(c) › Section 106.1100 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart describes the factors, criteria, and standards
				  for the establishment of alternative thermal effluent limitations under 35 Ill.
				  Adm. Code
				  304.141(c)
				  and section 316(a) of the Clean Water Act (
				  33 USC
				  1251 ) in permits issued under 35 Ill. Adm.
				  Code 309.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart K - ALTERNATIVE THERMAL EFFLUENT LIMITATIONS PURSUANT TO SECTION 316(a) OF THE CLEAN WATER ACT AND 35 ILL. ADM. CODE 304.141(c) › Section 106.1105 - General

Current through Register Vol. 48, No. 28, July 12, 2024
a) Description.
				This Subpart applies to any point source that discharges pollutants to waters
				of the United States who seeks to demonstrate, under 35 Ill. Adm. Code
				304.141(c)
				and section 316(a) of the Clean Water Act, that any effluent limitation
				proposed for the control of a thermal component of any discharge from such
				source will require effluent limitations more stringent than necessary to
				assure the protection and propagation of a balanced, indigenous population of
				shellfish, fish, and wildlife in and on the body of water into which the
				discharge is to be made.
b)
				Parties. The person making the demonstration must be named the petitioner. The
				Agency must be named as a respondent. Any interested person may become a
				participant in the alternative thermal effluent limitation demonstration
				proceeding in accordance with 35 Ill. Adm. Code
				101.110 and
				101.628.
c) Filing and Service. The filing and service
				requirements of 35 Ill. Adm. Code 101. Subparts C and J apply to the
				proceedings of this Subpart.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart K - ALTERNATIVE THERMAL EFFLUENT LIMITATIONS PURSUANT TO SECTION 316(a) OF THE CLEAN WATER ACT AND 35 ILL. ADM. CODE 304.141(c) › Section 106.1110 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
In addition to these definitions, all definitions of the
				  Illinois Environmental Protection Act [ 415 ILCS 5 ] and 35 Ill. Adm. Code 301
				  apply to this Subpart. For the purpose of this Subpart:
"Alternative thermal effluent limitations" means all effluent
				  limitations or standards of performance for the control of the thermal
				  component of any discharge that are established under 35 Ill. Adm. Code
				  304.141(c),
				  Section 316(a) of the CWA and this Subpart.
"CWA" means the Federal Water Pollution Control Act, as
				  amended (
				  33 USC
				  1251 et seq.).
"Representative important species" means species that are
				  representative, in terms of their biological needs, of a balanced, indigenous
				  community of shellfish, fish, and wildlife in the body of water into which a
				  discharge of heat is made.
"Balanced, indigenous community" is synonymous with the term
				  "balanced, indigenous population" in the CWA and means a biotic community
				  typically characterized by diversity, the capacity to sustain itself through
				  cyclic seasonal changes, presence of necessary food chain species, and a lack
				  of domination by pollution tolerant species. Such a community may include
				  historically non-native species introduced in connection with a program of
				  wildlife management and species whose presence or abundance results from
				  substantial, irreversible environmental modifications. Normally, however, such
				  a community will not include species whose presence or abundance is
				  attributable to the introduction of pollutants that will be eliminated by
				  compliance by all sources with section 301(b)(2) of the CWA; and may not
				  include species whose presence or abundance is attributable to alternative
				  thermal effluent limitations imposed under this Subpart or to regulatory
				  relief, granted by the Board, from otherwise applicable thermal limitations or
				  standards under 35 Ill. Adm. Code 301 through 312.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart K - ALTERNATIVE THERMAL EFFLUENT LIMITATIONS PURSUANT TO SECTION 316(a) OF THE CLEAN WATER ACT AND 35 ILL. ADM. CODE 304.141(c) › Section 106.1115 - Early Screening

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Prior to filing a petition for an alternative thermal effluent limitation, the
				petitioner must submit the following early screening information to the Agency:
1) A description of the alternative thermal
				effluent limitation requested;
2) A
				general description of the method by which the discharger proposes to
				demonstrate that the otherwise applicable thermal discharge effluent
				limitations are more stringent than necessary;
3) A general description of the type of data,
				studies, experiments and other information that the discharger intends to
				submit for the demonstration; and
4) A proposed representative important
				species list and supporting data and information.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart K - ALTERNATIVE THERMAL EFFLUENT LIMITATIONS PURSUANT TO SECTION 316(a) OF THE CLEAN WATER ACT AND 35 ILL. ADM. CODE 304.141(c) › Section 106.1120 - Detailed Plan of Study

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Within 60 days after the early screening information is submitted under Section
				106.1115, the
				petitioner must submit to the Agency a detailed plan of study that the
				petitioner will undertake to support its alternative thermal effluent
				limitation demonstration.
b) The
				petitioner must specify the nature and extent of the following types of
				information to be included in the plan of study:
1) biological, hydrographical, and
				meteorological data;
2) physical
				monitoring data;
3) engineering or
				diffusion models;
4) laboratory
				studies;
5) representative
				important species; and
6) other
				relevant information.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart K - ALTERNATIVE THERMAL EFFLUENT LIMITATIONS PURSUANT TO SECTION 316(a) OF THE CLEAN WATER ACT AND 35 ILL. ADM. CODE 304.141(c) › Section 106.1125 - Initiation of Proceeding

Current through Register Vol. 48, No. 28, July 12, 2024
After completion of the plan of study under Section
				  106.1120,
				  the petitioner may file a petition for an alternative thermal effluent
				  limitation with the Clerk and must serve one copy on the Agency and one copy on
				  DNR.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart K - ALTERNATIVE THERMAL EFFLUENT LIMITATIONS PURSUANT TO SECTION 316(a) OF THE CLEAN WATER ACT AND 35 ILL. ADM. CODE 304.141(c) › Section 106.1130 - Contents of Petition

Current through Register Vol. 48, No. 28, July 12, 2024
A petition for an alternative thermal effluent limitation
				  must include the following:
a)
				Information providing a general plant description, including, as applicable:
1) Generating capacity;
2) Type of fuel used;
3) Operating characteristics of the condenser
				cooling system;
4) History of the
				load factor of the plant for the last 5 years;
5) Projected load factors of the plant for
				the next 5 years;
6) Estimated date
				of retirement for each unit at the plant and any plans for additional units at
				the plant;
7) History of plant
				shutdowns for the last 5 years;
8)
				Planned and emergency shutdowns with frequency and duration for the last 5
				years; and
9) Planned and projected
				shutdowns with frequency and duration for the next five years;
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart K - ALTERNATIVE THERMAL EFFLUENT LIMITATIONS PURSUANT TO SECTION 316(a) OF THE CLEAN WATER ACT AND 35 ILL. ADM. CODE 304.141(c) › Section 106.1135 - Petition Notice Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Within 14 days after the filing of the
				petition, the petitioner must publish notice of the filing of the petition by
				advertisement in a newspaper of general circulation in the county where the
				facility is located.
b) The notice
				must include:
1) The name and address of the
				petitioner and a statement that the petitioner has filed with the Board a
				petition for an alternative thermal effluent limitation;
2) The date on which the petition was filed
				and the Board docket number;
3) The
				regulatory standard (with appropriate Administrative Code citation) from which
				the alternative thermal effluent limitation is sought;
4) The proposed alternative thermal effluent
				limitation;
5) A general
				description of the petitioner's activity that is the subject of the alternative
				thermal effluent limitation proceeding;
6) The location of the facility;
				and
7) In the concluding portion of
				the notice:
"Any person may cause a public hearing to be held in the
				  above-described 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 proceeding, as found in this notice, and must be filed with the Clerk,
				  Illinois Pollution Control Board, 100 W. Randolph Street, Suite 11-500,
				  Chicago, Illinois 60601."
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart K - ALTERNATIVE THERMAL EFFLUENT LIMITATIONS PURSUANT TO SECTION 316(a) OF THE CLEAN WATER ACT AND 35 ILL. ADM. CODE 304.141(c) › Section 106.1140 - Proof of Petition Notice Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
Within 30 days after the filing of the petition, the
				  petitioner must file a certificate of publication with the Clerk. This
				  certification must be issued by the newspaper that published the notice and
				  must certify when the notice was published and the information the notice
				  contained.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart K - ALTERNATIVE THERMAL EFFLUENT LIMITATIONS PURSUANT TO SECTION 316(a) OF THE CLEAN WATER ACT AND 35 ILL. ADM. CODE 304.141(c) › Section 106.1145 - Recommendation and Response

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Unless otherwise ordered by the hearing officer or the Board, the Agency must
				file with the Board a recommendation within 45 days after the filing of a
				petition or amended petition for an alternative thermal effluent limitation, or
				when a hearing has been scheduled, at least 30 days before hearing, whichever
				is earlier.
b) The recommendation
				must state the following:
1) Whether the Board
				should grant the petitioner's requested alternative thermal effluent
				limitation;
2) The rationale for
				the Agency's position;
3) Whether
				the plan of study sufficiently addresses the Agency's response pursuant to
				Section
				106.1120(f);
4) Whether the petition has met the
				requirements of this Part;
5) Any
				information the Agency believes is relevant to the Board's consideration of the
				proposed alternative thermal effluent limitation; and
6) Whether the Agency communicated with or
				received comments from DNR, the United States Fish and Wildlife Service, or
				USEPA, and the content of those communications.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart K - ALTERNATIVE THERMAL EFFLUENT LIMITATIONS PURSUANT TO SECTION 316(a) OF THE CLEAN WATER ACT AND 35 ILL. ADM. CODE 304.141(c) › Section 106.1150 - Request for Public Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
Any person can request that a public hearing be held in a
				  proceeding under this Subpart. The requests must be filed with the Clerk no
				  later than 21 days after the date of the publication of the petition notice in
				  accordance with Section
				  106.1135.
				  Requests for hearing must make reference to the Board docket number assigned to
				  the proceeding.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart K - ALTERNATIVE THERMAL EFFLUENT LIMITATIONS PURSUANT TO SECTION 316(a) OF THE CLEAN WATER ACT AND 35 ILL. ADM. CODE 304.141(c) › Section 106.1155 - Notice and Conduct of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Board will hold a public hearing on
				the petition and alternative thermal effluent limitation demonstration when one
				is requested in accordance with Section
				106.1150,
				when requested by the petitioner, or if the Board, in its discretion,
				determines that a hearing would be advisable.
b) The hearing officer will schedule the
				hearing.
c) The Clerk will give
				notice of the hearing in accordance with 35 Ill. Adm. Code 101. The proceedings
				will be conducted in accordance with 35 Ill. Adm. Code 101. Subpart F,
				including any hearing held by video conference (see 35 Ill. Adm. Code
				101.600(b)
				).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart K - ALTERNATIVE THERMAL EFFLUENT LIMITATIONS PURSUANT TO SECTION 316(a) OF THE CLEAN WATER ACT AND 35 ILL. ADM. CODE 304.141(c) › Section 106.1160 - Burden of Proof

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				burden of proof is on the petitioner.
b) The petitioner must demonstrate to the
				satisfaction of the Board that the otherwise applicable effluent limitations
				under Chapter I of Subtitle C are more stringent than necessary to assure the
				protection and propagation of a balanced, indigenous community of shellfish,
				fish, and wildlife in and on the body of water into which the discharge is
				made.
c) The demonstration must
				show that the alternative thermal effluent limitation desired by the
				petitioner, considering the cumulative impact of its thermal discharge,
				together with all other significant impacts on the species affected, will
				assure the protection and propagation of a balanced indigenous community of
				shellfish, fish, and wildlife in and on the body of water into which the
				discharge is to be made.
d)
				Existing dischargers may base their demonstration upon the absence of prior
				appreciable harm in lieu of predictive studies.
1) When the petitioner bases the alternative
				thermal effluent limitation demonstration upon the absence of prior appreciable
				harm, the demonstration must show:
A) That no
				appreciable harm has resulted from the normal component of the discharge,
				taking into account the interaction of such thermal component with other
				pollutants and the additive effect of other thermal sources to a balanced,
				indigenous community of shellfish, fish, and wildlife in and on the body of
				water into which the discharge has been made; or
B) That despite the occurrence of such
				previous harm, the desired alternative thermal effluent limitation (or
				appropriate modifications thereof) will nevertheless assure the protection and
				propagation of a balanced, indigenous community of shellfish, fish, and
				wildlife in and on the body of water into which the discharge is
				made.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart K - ALTERNATIVE THERMAL EFFLUENT LIMITATIONS PURSUANT TO SECTION 316(a) OF THE CLEAN WATER ACT AND 35 ILL. ADM. CODE 304.141(c) › Section 106.1165 - Evidentiary Matters

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				provisions of 35 Ill. Adm. Code 101 regarding admissible evidence, written
				narrative testimony, official notice, viewing premises, admitting business
				records, examining adverse parties or agents and hostile witnesses and
				compelling them to appear at hearing, and amendment and variance of pleadings
				and proof will apply to proceedings under this Subpart.
b) In determining whether the protection and
				propagation of the affected species will be assured, the Board may consider any
				information contained or referenced in any applicable thermal water quality
				criteria and thermal water quality information published by the USEPA under
				section 304(a) of the CWA, or any other information in the record the Board
				deems relevant.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart K - ALTERNATIVE THERMAL EFFLUENT LIMITATIONS PURSUANT TO SECTION 316(a) OF THE CLEAN WATER ACT AND 35 ILL. ADM. CODE 304.141(c) › Section 106.1170 - Opinion and Order

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				After an opportunity for a public hearing and upon a satisfactory alternative
				thermal effluent limitation demonstration, the Board may order the Agency to
				include thermal discharge effluent limitations or standards in the petitioner's
				NPDES permit that are less stringent than those required by applicable
				standards and limitations if the thermal component of the discharge, taking
				into account the interaction of such thermal component with other pollutants,
				will assure the protection and propagation of a balanced, indigenous population
				of shellfish, fish, and wildlife in and on the body of water.
b) In granting an alternative thermal
				effluent limitation, the Board may impose such conditions as may be necessary
				to accomplish the purposes of the Act.
c) If the petitioner intends for the
				alternative thermal effluent limitation granted by the Board under this Subpart
				to continue beyond the expiration of the petitioner's NPDES permit, the
				petitioner must apply for renewal of the alternative thermal effluent
				limitation under Section
				106.1180.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart K - ALTERNATIVE THERMAL EFFLUENT LIMITATIONS PURSUANT TO SECTION 316(a) OF THE CLEAN WATER ACT AND 35 ILL. ADM. CODE 304.141(c) › Section 106.1175 - Post-Hearing Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				provisions of 35 Ill. Adm. Code 101 regarding default, transcripts, the record,
				motions, briefs, and oral arguments apply to proceedings under this
				Subpart.
b) In addition to the
				provisions of 35 Ill. Adm. Code
				101.520
				and
				101.902,
				if USEPA objects under
				40 CFR
				123.44 to issuance in the petitioner's NPDES
				permit of the alternative thermal effluent limitation ordered by the Board, the
				Agency is given permission to file a motion for reconsideration of the Board's
				order granting the effluent limitation under 35 Ill. Adm. Code
				101.520
				within 35 days after the Agency's receipt of USEPA's objection.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart K - ALTERNATIVE THERMAL EFFLUENT LIMITATIONS PURSUANT TO SECTION 316(a) OF THE CLEAN WATER ACT AND 35 ILL. ADM. CODE 304.141(c) › Section 106.1180 - Renewal of Alternative Thermal Effluent Limitations

Current through Register Vol. 48, No. 28, July 12, 2024
a) The permittee may request continuation of
				an alternative thermal effluent limitation granted by the Board, as part of its
				NPDES permit renewal application.
b) Any application for renewal must include
				sufficient information for the Agency to compare the nature of the permittee's
				thermal discharge and the balanced, indigenous population of shellfish, fish,
				and wildlife at the time the Board granted the alternative thermal effluent
				limitation and the current nature of the petitioner's thermal discharge and the
				balanced, indigenous population of shellfish, fish, and wildlife. The permittee
				must be prepared to support this comparison with documentation based upon the
				discharger's actual operation experience during the previous permit
				term.
c) If the permittee
				demonstrates that the nature of the thermal discharge has not materially
				changed to cause appreciable harm to the balanced, indigenous population of
				shellfish, fish, and wildlife in and on the body of water into which the
				discharge is made, and the alternative thermal effluent limitation granted by
				the Board has not caused appreciable harm to a balanced, indigenous population
				of shellfish, fish, and wildlife in and on the body of water into which the
				discharge is made, the Agency may include the alternative thermal effluent
				limitation in the permittee's renewed NPDES permit.
d) If the nature of the thermal discharge has
				materially changed to cause appreciable harm to the balanced, indigenous
				population of shellfish, fish, and wildlife in and on the body of water into
				which the discharge is made, or the alternative thermal effluent limitation
				granted by the Board has caused appreciable harm to a balanced, indigenous
				population of shellfish, fish, and wildlife in and on the body of water into
				which the discharge is made, the Agency must not include the thermal relief
				granted by the Board in the permittee's renewed NPDES permit. The permittee
				must file a new petition and make the required demonstration under this Subpart
				before the alternative thermal effluent limitation may be included in the
				permittee's renewed NPDES permit.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 107 - PETITION TO REVIEW POLLUTION CONTROL FACILITY SITING DECISIONS › Subpart A - GENERAL PROVISIONS › Section 107.100 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Part
				applies to adjudicatory proceedings before the Board concerning petitions to
				review a pollution control facility siting decision made by local government
				under Sections 39.2 and 40.1 of the Act [
				415 ILCS
				5/39.2 and 40.1]. "Pollution control facility" is
				defined at Section 3.330 of the Act [
				415 ILCS
				5/3.330 ] for purposes of this Part.
b) This Part must be read in conjunction with
				35 Ill. Adm. Code 101, which contains procedures generally applicable to all of
				the Board's adjudicatory proceedings. In the event of a conflict between the
				requirements of 35 Ill. Adm. Code 101 and those of this Part, the provisions of
				this Part apply.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 107 - PETITION TO REVIEW POLLUTION CONTROL FACILITY SITING DECISIONS › Subpart A - GENERAL PROVISIONS › Section 107.102 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
If any provision of this Part or its application to any
				  person is adjudged invalid, the adjudication does not affect the validity of
				  this Part as a whole or of any portion not adjudged invalid.