reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 32 - ENERGY › Part 622 - HANDLING AND DISPOSAL OF WATER TREATMENT RESIDUALS › Section 622.60 - General Variance

Current through Register Vol. 48, No. 28, July 12, 2024
A variance is a temporary exemption from this Part, that the
				Agency may grant with or without conditions for a period of up to five years
				upon the presentation of adequate proof by the petitioner that compliance with
				a requirement would impose an undue hardship. A person filing a petition for a
				variance shall provide the information in subsections (a) through (h) to the
				Agency. If the petitioner believes that any of the required information does
				not apply to the specific variance requested, the petitioner shall include an
				explanation.
AGENCY NOTE: The filing of a petition for a variance does not
				stay enforcement of a requirement of this Part.
a) A statement describing the requirement
			 from which the petitioner seeks a variance. The statement must include the
			 citation to that requirement;
b) A
			 complete and concise description of the nature of the petitioner's activity
			 that is the subject of the proposed variance, including:
1) Location of, and area affected by, the
			 petitioner's activity;
2) Location
			 of points of disposal or repurposing, and, as applicable, the identification of
			 the receiving waterway or land;
3)
			 Identification of any prior variance issued to the petitioner and, if known,
			 the petitioner's predecessors, concerning similar relief;
4) An explanation of other permits or
			 licenses held by any other federal, state, or local agency that is affected by
			 this variance request;
5) Nature
			 and amount of the materials used in the process or activity for which the
			 petitioner seeks a variance, and a full description of the particular process
			 or activity in which the materials are used;
6) Description of the relevant measures to
			 mitigate the accumulation of TENORM already in use; and
7) Nature and amount of disposal, discharges,
			 or releases of the material in question currently generated by the petitioner's
			 activity.
Illinois Administrative Code › Title 32 - ENERGY › Part 622 - HANDLING AND DISPOSAL OF WATER TREATMENT RESIDUALS › Section 622.70 - Maintenance of Records And Inspections

Current through Register Vol. 48, No. 28, July 12, 2024
a) Maintain records. Each registrant shall
			 maintain records showing compliance with this Part for five years. Records may
			 be stored in electronic media with the capability to produce legible, accurate,
			 and complete records during the required retention period. Records such as
			 letters, drawings, and specifications shall include all pertinent information
			 such as stamps, initials, and signatures.
1)
			 Each registrant with a combined radium concentration greater than 3.1 pCi/g
			 (dry weight basis) shall maintain records of the following:
A) Registrants who dispose of water treatment
			 residuals in an IEPA-permitted municipal solid waste landfill or a facility
			 authorized to dispose of that material in accordance with any federal or State
			 solid or hazardous waste laws:
i) Quantity of
			 water treatment residuals disposed of;
ii) Concentration of combined radium in pCi/g
			 (dry weight basis) contained in the water treatment residuals;
iii) Dates the water treatment residuals were
			 disposed of in a landfill;
iv) Name
			 and location of the landfill receiving the water treatment residuals;
			 and
v) Any additional records
			 showing compliance with this Part requested by the Agency.
Illinois Administrative Code › Title 32 - ENERGY › Part 622 - HANDLING AND DISPOSAL OF WATER TREATMENT RESIDUALS › Section 622.80 - Noncompliance and Reporting of Incidents

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each registrant shall report to the Agency
			 any noncompliance with this Part within 30 days after the noncompliance is
			 discovered.
b) Each registrant
			 shall, within 30 days of discovery of the event, report to the Agency each
			 event involving loss of control of water treatment residuals possessed by the
			 registrant that may have caused, or threatens to cause, an unplanned
			 contamination event outside of a restricted area exceeding the values specified
			 in Appendix A of 32 Ill. Adm. Code 340.
AGENCY NOTE: Reports can be made to
				EMA.RadiumResiduals@illinois.gov or the 24-hour IEMA-OHS Communications Center
				(217-782-7860).
c) Persons
			 found to have caused or contributed to violations of the requirements of this
			 Part may be required to:
1) Remediate under
			 the Agency's rules in Title 32 of the Illinois Administrative Code;
2) Reimburse for remediation efforts
			 initiated on the person's behalf under 32 Ill. Adm. Code 310; and
3) Obtain a radioactive material license in
			 accordance with 32 Ill. Adm. Code 330.
Illinois Administrative Code › Title 32 - ENERGY › Part 622 - HANDLING AND DISPOSAL OF WATER TREATMENT RESIDUALS › Appendix A - Landowner Acknowledgement Form

Current through Register Vol. 48, No. 28, July 12, 2024
At a minimum, the following language shall be included in the
				landowner acknowledgement form required in Section 622.30(c)(1)(B)(ix). Failure
				to include this language and to have the landowner sign and date shall
				invalidate the acknowledgement.
The Illinois Environmental Protection Agency, as
				well as the U.S. Environmental Protection Agency, requires the water treatment
				residuals you are receiving to be monitored for trace metals, organic and
				inorganic chemicals, and pathogens. In addition, the Illinois Emergency
				Management Agency and Office of Homeland Security (IEMA-OHS) requires the
				monitoring of radium under 32 Ill. Adm. Code 622 (Part 622). Radium is
				naturally present in soil and groundwater. When removed from water and
				land-applied, these water treatment residuals could elevate the radium content
				in the soil above natural levels.
IEMA-OHS, as the regulatory agency for ionizing
				radiation, requires that land-applied water treatment residuals be monitored
				for radium, including the cumulative amount of radium, deposited on
				agricultural fields. Fields that approach the regulatory limit of 3.1 pCi/g are
				required to utilize alternative sources of fertilizer (i.e., water treatment
				residuals without elevated radium from water). The additional monitoring and
				land application provisions of Part 622 ensure that the public is protected
				from significant health, environmental, and agricultural impacts.
This form serves as an acknowledgement of awareness
				by the landowner, or authorized agent of the landowner, that biosolids applied
				to fields for beneficial nutrient purposes contain radium. For further
				information, you may contact IEMA-OHS at
				EMA.RadiumResiduals@illinois.gov.
I hereby acknowledge my awareness of the above
				conditions resulting from application of treatment residuals to my
				property.
SIGNATURE OF LANDOWNER OR LANDOWNER'S
				DESIGNEE
PRINTED NAME
DATE
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart A - GENERAL PROVISIONS › Section 101.100 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Part sets
				forth the rules generally applicable to proceedings before the Illinois
				Pollution Control Board (Board), and should be read in conjunction with
				procedural rules for the Board's specific proceedings, found at 35 Ill. Adm.
				Code 102 through 130, and the Board's Administrative Rules, found at 2 Ill.
				Adm. Code 2175. If the rules of this Part and those found in subsequent Parts
				conflict, the more specific requirement applies.
b) Except when the Board's procedural rules
				provide otherwise, the Code of Civil Procedure [ 735 ILCS 5 ] and the Supreme
				Court Rules [Ill. S. Ct. Rules] do not apply to proceedings before the Board.
				However, the Board may look to the Code of Civil Procedure and the Supreme
				Court Rules for guidance when the Board's procedural rules are
				silent.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart A - GENERAL PROVISIONS › Section 101.102 - 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.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart A - GENERAL PROVISIONS › Section 101.104 - Repeals

Current through Register Vol. 48, No. 28, July 12, 2024
All Board resolutions adopted before January 1, 2001 that
				  relate to procedural matters for Board proceedings are repealed and are
				  superseded by 35 Ill. Adm. Code 101-130.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart A - GENERAL PROVISIONS › Section 101.106 - Board Authority

Current through Register Vol. 48, No. 28, July 12, 2024
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 upon complaints charging violations of the Act, any rule or
				regulation adopted under the Act, any permit or term or condition of a permit,
				or any Board order; upon administrative citations; upon petitions for
				variances, adjusted standards, or time-limited water quality standards; upon
				petitions for review of the Agency's final determinations on permit
				applications in accordance with Title X of the Act; upon petitions to remove
				seals under Section 34 of the Act; and upon other petitions for review of final
				determination which are made pursuant to the Act or Board rules and which
				involve a subject which the Board is authorized to regulate. The Board may also
				conduct other proceedings as may be provided by the Act or any other statute or
				rule.
[
				415 ILCS
				5/5(d) ]
c) In addition to subsections (a) and (b),
				the Board has the authority to act as otherwise provided by law.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart A - GENERAL PROVISIONS › Section 101.108 - Board Proceedings

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Board proceedings can generally be divided into two categories: rulemakings and
				adjudicatory proceedings. However, a time-limited water quality standard
				proceeding (35 Ill. Adm. Code 104. Subtitle E) is a non-adjudicatory proceeding
				that is not subject to the procedural requirements for rulemakings. (See
				415 ILCS
				5/38.5(a), (l) ).
b) The following are examples of Board
				rulemakings: Identical-in-Substance, Clean Air Act/Fast Track, Federally
				Required Rulemaking, General Rulemaking, and Site-Specific Rulemaking.
				Procedural rules for these types of proceedings can be found at 35 Ill. Adm.
				Code 102.
c) The following are
				examples of Board adjudicatory proceedings: Enforcement Proceedings (35 Ill.
				Adm. Code 103), Variance Petitions (35 Ill. Adm. Code 104), Adjusted Standard
				Petitions (35 Ill. Adm. Code 104), Permit Appeals (35 Ill. Adm. Code 105),
				Leaking Underground Storage Tank Appeals (35 Ill. Adm. Code 105), Pollution
				Control Facility Siting Appeals (35 Ill. Adm. Code 107), and Administrative
				Citations (35 Ill. Adm. Code 108).
d) Board decisions will be made at meetings
				open to the public. Except as provided in subsection (e), three members of the
				Board form a quorum, and three affirmative votes are required to adopt a Board
				decision.
e) At a hearing under
				Section 34(d) of the Act to determine whether a seal should be removed,
at least one Board member shall be present, and those Board members
				present may render a final decision without regard to the requirements of
				Section 5(a) of the Act.
[
				415 ILCS
				5/34(d) ]
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart A - GENERAL PROVISIONS › Section 101.110 - Public Participation

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				General. The Board encourages public participation in all its proceedings. The
				extent to which the law allows for the participation varies, depending on the
				type of Board proceeding involved, the party status of the person or persons
				seeking to participate, and the rules governing that type of proceeding. Public
				participation may be more specifically delineated by Board or hearing officer
				order consistent with applicable law and the Board's procedural rules. (See
				Sections
				101.114
				and
				101.628.)
b) Party/Non-Party Status. The issue of who
				is a proper party in each type of adjudicatory proceeding before the Board is
				addressed in the rules. A person who wishes to participate in a Board
				adjudicatory proceeding and who is not a party will be considered a participant
				and will have only those rights specifically provided in these rules. A person
				who wishes to participate in a Board regulatory or time-limited water quality
				standard proceeding will be considered a participant and will have only those
				rights specifically provided in this Part.
c) Amicus Curiae Briefs. Amicus curiae briefs
				may be filed in any adjudicatory proceeding by any interested person, if the
				Board grants permission. Response briefs will be allowed only with Board
				permission. The briefs must consist of argument only and must not raise facts
				that are not in evidence in the relevant proceeding. Amicus curiae briefs, and
				any responses, will be considered by the Board only as time allows. The briefs
				will not delay the Board's decision-making. (See also Section
				101.302(k).)
d) Public Remarks at a Board Meeting. During
				the period designated for public remarks, any person physically present, once
				recognized by the Chairman, may make public remarks to the Board concerning a
				proceeding listed on that meeting's agenda.
1) Sign-In Sheet. Beginning at least 15
				minutes before the scheduled start of each Board meeting, a public remarks
				sign-in sheet will be available to the public at the meeting. Anyone who wishes
				to make public remarks at the meeting must provide the following information on
				the sign-in sheet:
A) Full name;
B) Any person he or she is representing;
				and
C) The docket number of the
				proceeding on which he or she would like to make public remarks.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart A - GENERAL PROVISIONS › Section 101.111 - Informal Recordings of Board Meetings

Current through Register Vol. 48, No. 28, July 12, 2024
Any person may record a Board meeting by tape, film, or any
				  other means if the recording process does not interfere with the conduct or
				  decorum of the Board meeting. The Chairman may direct any person who is
				  recording a Board meeting to limit or discontinue the recording if the
				  recording process interferes with the conduct or decorum of the Board
				  meeting.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart A - GENERAL PROVISIONS › Section 101.112 - Bias and Conflict of Interest

Current through Register Vol. 48, No. 28, July 12, 2024
a) No Board member or Board employee may
				represent any other person in any Board proceeding.
b) No former Board member or Board employee
				may represent any other person in any Board proceeding in which he or she
				participated personally and substantially as a Board member or Board employee,
				unless the Board and, as applicable, all parties in the adjudicatory
				proceeding, all proponents in the rulemaking, or all petitioners in the
				time-limited water quality standard proceeding consent in writing after
				disclosure of the participation. For subsections (a) and (b), representation
				includes consulting on legal or technical matters, and Board employee means a
				person the Board employs on a full-time, part-time, contract, or intern
				basis.
c) The Board, on its own
				motion or the motion of any party, may disqualify a hearing officer for bias or
				conflict of interest as provided by Section 10-30(b) of the IAPA [
				5 ILCS
				100/10-30(b) ].
d) In compliance with Section 128 of the
				federal Clean Air Act, at least a majority of Board members must represent the
				public interest and must not derive any significant portion of their income
				from persons subject to permits or enforcement orders under the Clean Air Act
				or Illinois Environment Protection Act. Any potential conflicts of interests by
				Board members must be adequately disclosed.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart B - DEFINITIONS › Section 101.200 - Definitions in the Act

Current through Register Vol. 48, No. 28, July 12, 2024
Unless otherwise provided in 35 Ill. Adm. Code 101 through
				  130, or unless a different meaning of a word or term is clear from the context,
				  the definitions of the Act apply to the Board's procedural rules, found in 35
				  Ill. Adm. Code 101 through 130.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart C - COMPUTATION OF TIME, FILING, SERVICE OF DOCUMENTS, AND STATUTORY DECISION DEADLINES › Section 101.300 - Computation of Time

Current through Register Vol. 48, No. 28, July 12, 2024
a) Computation
				of Time. Computation of any period prescribed in the Act, other applicable law,
				or this Subpart 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) Date of Filing. Documents will be
				considered filed with the Clerk only if they are filed in compliance with
				Section
				101.302 and
				any other filing requirements specified elsewhere in the Board's procedural
				rules (see 35 Ill. Adm. Code 101 through 130). Subpart J states when electronic
				documents submitted to COOL will be considered filed.
1) If a document is submitted to the Clerk
				for filing in person, by U.S. Mail, by e-mail or facsimile under Section
				101.302(d),
				or by third-party commercial carrier, the document is considered filed on the
				date it is received by the Clerk, except as provided in subsection (b)(2).
				However, a document received by the Clerk after 4:30 p.m. is considered filed
				on the next business day. The Clerk will mark the filing date on each filed
				document.
2) If the Clerk receives
				a document by U.S. Mail or third-party commercial carrier after a filing
				deadline date, the document will be considered filed on:
A) The date on which the document was
				provided to the U.S. Postal Service; or
B) The date on which the document was
				provided to the third-party commercial carrier for delivery to the Clerk within
				three business days.
3)
				For subsection (b)(2), documentation of when the document being filed was
				provided to the U.S. Postal Service or the third-party commercial carrier
				consists of the affidavit or certificate required by Section
				101.304(d)(2)(A) or
				(d)(4) and must accompany the document being
				filed. In addition, for delivery by a third-party commercial carrier, the
				affidavit or certificate must contain the filing party's representation that
				the charge for delivery to the Clerk within three business days was
				prepaid.
4) For Board decision
				deadlines, the decision period does not begin until the date marked by the
				Clerk on the initial filing.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart C - COMPUTATION OF TIME, FILING, SERVICE OF DOCUMENTS, AND STATUTORY DECISION DEADLINES › Section 101.302 - Filing of Documents

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				This Section contains the Board's general filing requirements. Additional
				requirements may exist for specific proceedings elsewhere in the Board's
				procedural rules (see 35 Ill. Adm. Code 101 through 130). 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 filed with the Clerk.
1) If allowed by the Board, the hearing
				officer, the Clerk, or the procedural rules to be filed in paper under
				subsection (h), documents must be filed at the following address:
Pollution Control Board, Attn: Clerk
100 West Randolph Street
James R. Thompson Center, Suite 11-500
Chicago, Illinois 60601-3218
2) All documents filed with the Clerk must
				provide the name and signature of the person seeking to file the document and
				identify the name of the person on whose behalf the document is being filed. If
				a paper document is submitted for filing, the original must bear the original
				pen-and-ink signature of the person seeking to file the document. Signatures
				for electronic filings through COOL are addressed in Section
				101.1010.
3) Each document being filed with the Clerk
				must be accompanied by a notice of filing (see Appendix D) and documentation of
				service (see Section
				101.304(d)
				).
4) The date on which a document
				is considered to have been filed is determined under Section
				101.300(b).
5) Serving a document upon a hearing officer
				does not qualify as filing it with the Clerk unless the document is submitted
				to the hearing officer during a hearing.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart C - COMPUTATION OF TIME, FILING, SERVICE OF DOCUMENTS, AND STATUTORY DECISION DEADLINES › Section 101.304 - Service of Documents

Current through Register Vol. 48, No. 28, July 12, 2024
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 and When to Initiate Service. A party filing a document with the Clerk
				under Section
				101.302 must
				also serve one copy of the document upon each of the other parties to the
				adjudicatory proceeding and, if a hearing officer has been assigned, upon the
				assigned hearing officer. Service of a document must be initiated concurrently
				with submitting the document to the Clerk for filing.
1) Service of a document upon a party must be
				made upon a person authorized by law to receive service on behalf of the party.
				If a party is represented by an attorney who has filed an appearance, service
				upon the party is made by serving the document upon the party's attorney. If
				more than one attorney appears for a party, service upon one of the party's
				attorneys is sufficient.
2) Each
				document being served (e.g., enforcement complaint, petition for review) must
				be accompanied by a notice of filing (see Appendix D) and a copy of the
				documentation of service (see subsection (d)).
3) The date on which service of a document is
				considered to have been completed is determined under Section
				101.300(c).
4) A proceeding is subject to dismissal, and
				the filing party is subject to sanctions, if service is not timely initiated or
				completed.
5) Whether service of a
				document was proper may be challenged by the party allegedly served. To avoid
				waiving the right to contest personal jurisdiction, any challenge to service
				must be made under Section
				101.400(a)(5).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart C - COMPUTATION OF TIME, FILING, SERVICE OF DOCUMENTS, AND STATUTORY DECISION DEADLINES › Section 101.306 - Incorporation of Documents from Another Proceeding

Current through Register Vol. 48, No. 28, July 12, 2024
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 compliance with Section
				101.302(h).
				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.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart C - COMPUTATION OF TIME, FILING, SERVICE OF DOCUMENTS, AND STATUTORY DECISION DEADLINES › Section 101.308 - Statutory Decision Deadlines and Waiver of Deadlines

Current through Register Vol. 48, No. 28, July 12, 2024
a) Petitions in the following proceedings
				each have a 120-day statutory decision deadline: Variances (Section 38 of the
				Act), Permit Appeals and UST appeals (Section 40 of the Act), Pollution Control
				Facility Siting Review (Section 40.1 of the Act), CAAPP permit appeals (Section
				40.2 of the Act), and PSD permit appeals (Section 40.3 of the Act). Other
				adjudicatory proceedings may be subject to decision deadlines as provided by
				law.
b) When the petitioner does
				not waive the decision deadline, the Board will proceed expeditiously to
				establish all hearing and filing requirements. Willful or unexcused failure to
				follow Board requirements on the deadlines will subject the party to sanctions
				under Subpart H. This Section will be strictly construed when there is a
				decision deadline unless the Board receives a waiver under subsection
				(c).
c) All waivers of a deadline
				for Board action must be filed as a separate document. Waivers must be titled
				and state which type of waiver it is, identify the proceeding by name and
				docket number, and be signed by the party or by an authorized representative or
				attorney. A waiver of a statutory deadline does not preclude the Board from
				issuing an opinion or order prior to any decision deadline, nor does it
				preclude the filing of a motion seeking a decision on the matter.
1) An open waiver waives the decision
				deadline completely and unequivocally until the petitioner elects to reinstate
				the 120-day decision period by filing a notice to reinstate. Upon proper filing
				of the notice, the decision period is reinstated. Under Section
				101.300(b)(4),
				the decision period restarts on the date on which the notice to reinstate is
				filed with the Board.
2) A time
				certain waiver must be expressed in length of days or to a specific calendar
				date. If expressed in length of days, day one will be the first day after the
				date upon which the current time clock expires. If the petitioner files a time
				certain waiver before the hearing date, the waiver must be for at least 40
				days. If the extension is not renewed for at least 40 days prior to the
				decision deadline, the Board will set the matter for hearing.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart D - PARTIES, JOINDER, AND CONSOLIDATION › Section 101.400 - Appearances, Withdrawals, and Substitutions of Attorneys in Adjudicatory Proceedings

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Appearances. A person who is a party in a Board adjudicatory proceeding may
				appear as follows:
1) Individuals may appear
				on their own behalf or through an attorney-at-law licensed and registered to
				practice law. (See Section 1 of the Attorney Act [
				705 ILCS
				205/1 ].)
2) When appearing before the Board, any
				person other than individuals must appear through an attorney-at-law licensed
				and registered to practice law. (See Section 1 of the Corporation Practice of
				Law Prohibition Act [
				705 ILCS
				220/1 ] and Section 1 of the Attorney Act.)
3) An out-of-state attorney may appear as
				counsel and provide legal services in a proceeding before the Board only if the
				attorney has permission to do so under Illinois Supreme Court Rule 707. No
				Board order is required for an out-of-state attorney to appear and no motion to
				appear pro hac vice is necessary. The out-of-state attorney's appearance must
				include the following:
A) A representation
				that the out-of-state attorney is in, and will maintain throughout the
				proceeding, compliance with Supreme Court Rule 707; and
B) Identification of the active status
				Illinois attorney associated with the out-of-state attorney under Supreme Court
				Rule 707 and the date on which the active status Illinois attorney filed an
				appearance in the proceeding.
4) Any attorney appearing in a representative
				capacity must file a separate written appearance with the Clerk, together with
				documentation of service of the appearance under Section
				101.304(d)
				and notice of filing of the appearance under Section
				101.304(b)(2).
				The appearance must include:
A) For law firms,
				the Agency, and the Attorney General's Office, a lead attorney must be
				designated for phone and mail contact pertaining to the proceeding. Absent
				written notice, the Board will designate the attorney whose signature appears
				first on the party's first filing as the lead attorney.
B) The attorney's business address and
				designation of a primary e-mail address for service by e-mail. Up to two
				secondary e-mail addresses may also be included.
5) Any person seeking to contest personal
				jurisdiction must do so by filing a motion with the Board consistent with
				Section 2-301 of the Code of Civil Procedure.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart D - PARTIES, JOINDER, AND CONSOLIDATION › Section 101.402 - Intervention of Parties

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Board may permit any person to intervene in any adjudicatory proceeding. If a
				person seeks to intervene in an adjudicatory proceeding, the person must file a
				motion to do so with the Clerk and serve a copy of the motion on all parties to
				the proceeding. The motion must state the grounds for intervention.
b) In determining whether to grant a motion
				to intervene, the Board will consider the timeliness of the motion and whether
				intervention will unduly delay, materially prejudice, or otherwise interfere
				with an orderly or efficient proceeding.
c) Subject to subsection (b), the Board will
				permit any person to intervene in any adjudicatory proceeding if:
1) The person has an unconditional statutory
				right to intervene in the proceeding; or
2) It may be necessary for the Board to
				impose a condition on the person.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart D - PARTIES, JOINDER, AND CONSOLIDATION › Section 101.403 - Joinder of Parties

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Board, on its own motion or the motion of any party, may add a person as a
				party to any adjudicatory proceeding if:
1) A
				complete determination of a controversy cannot be had without the presence of
				the person who is not already a party to the proceeding;
2) The person who is not already a party to
				the proceeding has an interest that the Board's order may affect; or
3) It may be necessary for the Board to
				impose a condition on the person who is not already a party to the
				proceeding.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart D - PARTIES, JOINDER, AND CONSOLIDATION › Section 101.404 - Agency as a Party in Interest

Current through Register Vol. 48, No. 28, July 12, 2024
a) Under Section 30 of the Act, the Board may
				request that the Agency investigate:
1) Any
				alleged violation of the Act, any regulations adopted under the Act, any permit
				or term or condition of a permit granted by the Agency, or any Board order;
				and
2) Any other matters as the
				Board finds advisable.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart D - PARTIES, JOINDER, AND CONSOLIDATION › Section 101.406 - Consolidation of Claims

Current through Register Vol. 48, No. 28, July 12, 2024
The Board, upon the motion of any party or upon its own
				  motion, may consolidate two or more proceedings for hearing or decision or
				  both. The Board will consolidate the proceedings if consolidation is in the
				  interest of convenient, expeditious, and complete determination of claims, and
				  if consolidation would not cause material prejudice to any party. The Board
				  will not consolidate proceedings in which the burdens of proof
				  vary.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart D - PARTIES, JOINDER, AND CONSOLIDATION › Section 101.408 - Severance of Claims

Current through Register Vol. 48, No. 28, July 12, 2024
Upon motion of any party or on the Board's own motion, in the
				  interest of convenient, expeditious, and complete determination of claims, and
				  where no material prejudice will be caused, the Board may sever claims
				  involving any number of parties.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart E - MOTIONS › Section 101.500 - Filing of Motions and Responses

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Board may entertain any motion the
				parties wish to file that is permissible under the Act or other applicable law,
				this Part, or the Code of Civil Procedure.
b) All motions must be in writing, unless
				made orally on the record during a hearing or during a status conference, and
				must state whether the motion is directed to the Board or to the hearing
				officer. A party's oral motion made to the Board at hearing is waived if the
				party fails to file the motion within 14 days after the Board receives the
				hearing transcript. Motions that should be directed to the hearing officer are
				specified in Section
				101.502.
				All motions must be filed and served in compliance with Subparts C and
				J.
c) Motions may be filed at any
				time unless otherwise specifically provided.
d) Within 14 days after service of a motion,
				a party may file a response to the motion. If no response is filed, the party
				waives objection to the granting of the motion, but the waiver of objection
				does not bind the Board or the hearing officer in its disposition of the
				motion. Unless undue delay or material prejudice would result, neither the
				Board nor the hearing officer will grant any motion before the 14-day response
				period expires, except in decision deadline proceedings in which no decision
				deadline waiver has been filed. Parties may request that the Board grant more
				time to respond by filing a motion for extension of time before the response
				period expires.
e) The moving
				person will not have the right to reply, except as the Board or the hearing
				officer permits to prevent material prejudice. A motion for permission to file
				a reply must be filed with the Board within 14 days after service of the
				response.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart E - MOTIONS › Section 101.502 - Motions Directed to the Hearing Officer

Current through Register Vol. 48, No. 28, July 12, 2024
a) The hearing officer has the authority to
				rule on all motions that are not dispositive of the proceeding. Dispositive
				motions include motions to dismiss, motions to decide a proceeding on the
				merits, motions to strike any claim or defense for insufficiency or want of
				proof, motions claiming lack of jurisdiction, motions for consolidation,
				motions for summary judgment, and motions for reconsideration. Oral motions
				directed to a hearing officer at a status conference will be summarized in a
				written hearing officer order. The duties and authorities of the hearing
				officer are further specified in Section
				101.610.
b) At hearing, objections and hearing officer
				rulings must be made on the record. A party's objection to a hearing officer
				ruling made at hearing is waived if the party fails to file the objection
				within 14 days after the Board receives the hearing transcript.
c) Unless the Board orders otherwise, neither
				the filing of a motion, nor any appeal to the Board of a hearing officer order
				will stay the proceeding or extend the time to perform any act. Unless
				otherwise provided, all hearing officer orders will remain in effect during the
				pendency of any appeal to the Board.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart E - MOTIONS › Section 101.504 - Contents of Motions and Responses

Current through Register Vol. 48, No. 28, July 12, 2024
All motions and responses must state the grounds upon which
				  the motion is made and must concisely state the position or relief sought.
				  Facts asserted that are not of record in the proceeding must be supported by
				  oath, affidavit, or certification consistent with Section 1-109 of the Code of
				  Civil Procedure. A brief or memorandum in support of the motion or response may
				  be included.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart E - MOTIONS › Section 101.506 - Motions Attacking the Sufficiency of the Petition, Complaint, or Other Pleading

Current through Register Vol. 48, No. 28, July 12, 2024
All motions to strike, dismiss, or challenge the sufficiency
				  of any pleading filed with the Board must be filed within 30 days after the
				  service of the challenged document, unless the Board determines that material
				  prejudice would result.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart E - MOTIONS › Section 101.508 - Motions to Board Preliminary to Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
Motions that a party desires the Board to rule on before
				  hearing should be filed at least 21 days prior to the regularly scheduled Board
				  meeting before the noticed hearing date. Any motion filed after this time will
				  be considered by the Board if time permits.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart E - MOTIONS › Section 101.510 - Motions to Cancel Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Time to File. Unless the Board or the hearing officer orders otherwise the
				hearing officer may grant motions to cancel hearings that are filed no fewer
				than ten days or, if all parties agree to the motion, five days before the
				scheduled hearing date. The hearing officer may grant a motion filed after the
				prescribed time only if the movant demonstrates that the movant will suffer
				material prejudice if the hearing is not canceled.
b) Contents. All motions to cancel a hearing
				must state a proposed date to reschedule the hearing and must be supported by
				an affidavit of the person or persons with knowledge of the facts that support
				the motion. The affidavit must include the factual basis for the request to
				cancel and a complete status report that describes the progress of the
				proceeding and sets forth the number of cancellation requests previously
				granted to the movant. The hearing officer will grant the motion only if the
				movant demonstrates that the request to cancel is not due to the movant's lack
				of diligence.
c) In a proceeding
				with a decision deadline, the hearing officer will deny a motion to cancel a
				hearing if the decision deadline does not allow enough time for the Board to
				reschedule the hearing, provide the required notice of the rescheduled hearing,
				complete the hearing, and deliberate and decide the matter.
d) If the hearing officer grants a motion to
				cancel a hearing, the hearing officer will revise the schedule to complete the
				record in compliance with Section
				101.612.
				The hearing officer also will file the revised schedule with the Clerk and
				serve a copy of the revised schedule on all parties in compliance with Subpart
				C.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart E - MOTIONS › Section 101.512 - Motions for Expedited Review

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Motions for expedited review must be directed to the Board. All motions for
				expedited review must completely state the facts and reasons for the request
				and must be accompanied by an oath or affirmation attesting that the facts
				cited are true.
b) In acting on a
				motion for expedited review, the Board will, at a minimum, consider all
				statutory requirements and whether material prejudice will result from the
				motion being granted or denied.
c)
				The Board will grant a motion for expedited review consistent with available
				resources and decision deadlines.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart E - MOTIONS › Section 101.514 - Motions to Stay Proceedings

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Motions to stay a proceeding must be directed to the Board and must be
				accompanied by sufficient information detailing why a stay is needed, and in
				decision deadline proceedings, by a waiver of any decision deadline. A status
				report detailing the progress of the proceeding must be included in the motion.
				(See also Section
				101.308.)
b) If the motion to stay is granted, at the
				close of the stay, the parties must file a status report in compliance with
				Subpart C. Additional requests for stay of the proceedings must be directed to
				the hearing officer.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart E - MOTIONS › Section 101.516 - Motions for Summary Judgment

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Any time after the opposing party has appeared (or after the expiration of time
				within which any party must appear), but no fewer than 30 days prior to the
				regularly scheduled Board meeting before the noticed hearing date, a party may
				move the Board for summary judgment for all or any part of the relief sought.
				Any response to a motion for summary judgment must be filed within 14 days
				after service of the motion for summary judgment. The hearing officer may
				extend the filing and response deadlines contained in this subsection upon
				written motion by a party, consistent with any statutory deadlines.
b) If 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, the Board will enter summary
				judgment.
c) Any party wishing to
				cancel a hearing pending decision on a motion for summary judgment must file a
				motion to cancel hearing under Section
				101.510.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart E - MOTIONS › Section 101.518 - Motions for Interlocutory Appeal from Hearing Officer Orders

Current through Register Vol. 48, No. 28, July 12, 2024
A party may take to the Board an interlocutory appeal from a
				  hearing officer ruling by filing a motion within 14 days after the party
				  receives the hearing officer's written order. However, if the hearing officer
				  makes the ruling on the record at hearing, any motion for interlocutory appeal
				  must be filed within 14 days after the Board receives the hearing transcript.
				  Filing a motion for interlocutory appeal will not postpone a scheduled hearing,
				  stay the effect of the hearing officer's ruling, or otherwise stay the
				  proceeding.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart E - MOTIONS › Section 101.520 - Motions for Reconsideration

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Any motion for reconsideration or modification of a Board order must be filed
				within 35 days after the receipt of the order. (See Section
				101.902.)
b) Any response to a motion for
				reconsideration or modification must be filed within 14 days after the filing
				of the motion.
c) A timely-filed
				motion for reconsideration or modification stays the effect of the order until
				final disposition of the motion.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart E - MOTIONS › Section 101.522 - Motions for Extension of Time

Current through Register Vol. 48, No. 28, July 12, 2024
If a party's motion shows good cause, the Board or hearing
				  officer may extend any deadline required by this Part. The motion may be filed
				  either before or after the deadline expires.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart F - HEARINGS, EVIDENCE, AND DISCOVERY › Section 101.600 - Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) All hearings are
				open to the public and are held in compliance with the Americans with
				Disabilities Act of 1990 (
				42 USC 12101
				et seq.). The hearings will be held at locations ordered by the hearing
				officer. The hearing officer will select hearing locations that comply with any
				geographic requirements imposed by applicable law and, to the extent feasible,
				promote the attendance of interested members of the public, the convenience of
				the parties, and the conservation of the Board's resources. All hearings are
				subject to cancellation without notice. Interested persons may contact the
				Clerk's Office or the hearing officer for information about the hearing.
				Parties, participants, and members of the public must conduct themselves with
				decorum at the hearing.
b) Any
				Board hearing may be held by videoconference. Upon its own motion or the motion
				of any party, the Board or the hearing officer may order that a hearing be held
				by videoconference. In deciding whether a hearing should be held by
				videoconference, factors that the Board or the hearing officer will consider
				include cost-effectiveness, efficiency, facility accommodations, witness
				availability, public interest, the parties' preferences, and the proceeding's
				complexity and contentiousness.