Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart B - VARIANCES › Section 104.216 - Agency Investigation and Recommendation

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon receipt of a petition for variance,
the Agency shall promptly investigate such petition and consider the
				views of persons who might be adversely affected by the grant of a
				variance.
[
				415 ILCS
				5/37(a) ]
b)
The Agency shall make a
				recommendation to the Board as to the disposition of the petition.
[
				415 ILCS
				5/37(a) ] Unless otherwise ordered by
				the hearing officer or the Board, the recommendation must be filed with the
				Board within 45 days after the filing of the petition or amended petition, or
				where there has been a hearing scheduled, at least 30 days before hearing,
				whichever is earlier. The Agency must serve a copy of its recommendation, in
				accordance with 35 Ill. Adm. Code
				101.304(c),
				on the petitioner, joined parties, and assigned hearing officer, if applicable.
				At a minimum, the recommendation must include:
1) A description of the efforts made by the
				Agency to investigate the facts as alleged and to ascertain the views of
				persons who might be affected, and a summary of the views so
				ascertained;
2) The location of the
				nearest air monitoring station maintained by the Agency where
				applicable;
3) A statement of the
				degree to which, if at all, the Agency disagrees with the facts as alleged in
				the petition, including facts refuting any allegations in the petition for
				variance;
4) Allegations of any
				other facts the Agency believes relevant to the disposition of the petition,
				including any past or pending enforcement actions against petitioner;
5) The Agency's estimate of the costs that
				compliance would impose on the petitioner and on others;
6) The Agency's estimate of the injury that
				the grant of the variance would impose on the public, including the effect that
				continued discharge of contaminants will have upon the environment;
7) The Agency's analysis of applicable
				federal laws and regulations and an opinion concerning the consistency of the
				petition with those federal laws and regulations;
8) The status of any permits or pending
				permit applications that are associated with or affected by the requested
				variance;
9) Allegation of any
				facts that the Agency believes are relevant to whether the Board should
				condition a grant of variance on the posting of a performance bond under
				Section
				104.246;
10) Citation to supporting documents or legal
				authorities whenever they are used as a basis for the Agency's recommendation.
				Relevant portions of the documents and legal authorities, other than Board
				decisions, reported state and federal court decisions, state and federal
				regulations and statutes, must be appended to the recommendation if not already
				in the record of the proceeding;
11) The Agency's recommendation of what
				disposition should be made of the petition, deny or grant, and suggested
				conditions. If the Agency recommends that variance be granted, a recommended
				beginning and end date of the requested variance, and any recommended
				conditions on the variance; and
12)
				An affidavit verifying any facts outside the record referenced in the
				recommendation.