reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3708 - FLOODWAY CONSTRUCTION IN NORTHEASTERN ILLINOIS › Section 3708.90 - Delegation to Municipalities and Counties

Current through Register Vol. 48, No. 28, July 12, 2024
a) No unit of local government, including
			 home rule units, may issue a building permit or other apparent authorization
			 for any prohibited new construction within the regulatory floodway (Section 18g
			 of the Act).
b) The Department will
			 delegate to municipalities within incorporated areas and to counties within
			 unincorporated areas the Department's authority to issue permits in accordance
			 with this Part for non-governmental activities, upon determination by the
			 Office that the following conditions have been met:
1) The municipality or county is
			 participating in the regular phase of the National Flood Insurance
			 Program;
2) The municipality or
			 county has enacted an ordinance that adopts requirements at least as
			 restrictive as this Part; and
3)
			 The municipality or county has enacted an ordinance which requires that all
			 proposed regulatory floodway projects are reviewed under the supervision of a
			 registered professional engineer under the employ or contract of the
			 municipality or county and, in the case of appropriate uses, so stated in
			 writing by that registered professional engineer to meet the specific
			 requirements of Section
			 3708.70.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3708 - FLOODWAY CONSTRUCTION IN NORTHEASTERN ILLINOIS › Section 3708.100 - Violations

Current through Register Vol. 48, No. 28, July 12, 2024
a) All construction
			 undertaken in a regulatory floodway without a permit, or contrary to a permit
			 issued in accordance with this Part, shall be unlawful and the Department or
			 any affected municipality or county will proceed to obtain injunctive relief
			 for abatement or removal of such unlawful construction. The Department will
			 record in the appropriate county recorder's office a notice on each parcel on
			 which a violation exists, and the results of investigations and any hearings
			 conducted and subsequent orders issued to resolve the violation.
b) Municipalities and counties are
			 responsible for pursuing all necessary enforcement procedures to resolve any
			 regulatory floodway violations of their flood plain ordinance.
c) Department employees may be requested by
			 municipalities or counties, without subpoena, to testify in legal proceedings
			 regarding violations of this Part.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3708 - FLOODWAY CONSTRUCTION IN NORTHEASTERN ILLINOIS › Section 3708.110 - Permit Application

Current through Register Vol. 48, No. 28, July 12, 2024
Applicants for permits shall submit the following information
				and materials. For projects involving construction at more than one location,
				separate permit applications shall be submitted for each location.
a) Application Form
1) Applications for permit shall be made by
			 submitting a completed application for permit form furnished by the Department.
			 As a minimum, the following information shall be provided:
A) Name and address of applicant;
B) Site location (including legal
			 description) of the property, drawn to scale, on the regulatory floodway map,
			 indicating whether it is proposed to be in an incorporated or unincorporated
			 area;
C) Name of stream or body of
			 water affected;
D) Description of
			 proposed activity;
E) Statement of
			 purpose of proposed activity;
F)
			 Anticipated dates of initiation and completion of activity;
G) Names and mailing addresses of the owner
			 of the subject property if different from the applicant; and
H) Signature of applicant or the applicant's
			 agent.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3708 - FLOODWAY CONSTRUCTION IN NORTHEASTERN ILLINOIS › Section 3708.115 - Permit Application Fee

Current through Register Vol. 48, No. 28, July 12, 2024
a) If a
			 permit is required for the activity proposed and is not already permitted by a
			 Regional Permit or Statewide Permit authorization (see Section
			 3708.170
			 ), permit applicants must pay a non-refundable permit application review fee.
			 The fee will be determined by the Department, and the applicant shall be
			 notified of that determination immediately after review of the application.
			 When appropriate and when it is in the best interest of the State, the
			 Department may enter into agreements to allow other State agencies to offset
			 the cost of fees by providing in-kind services in lieu of cash payments. As
			 outlined in this subsection (a), the review fee shall be calculated based on
			 the determination of the base review fee, the application of an escalation
			 adjustment factor, and the addition of review fees from any other applicable
			 regulations. Further processing of the application shall not be initiated until
			 the review fee is received.
1) The base
			 review fee shall be as follows:
A) $200 for
			 appropriate uses that qualify for review by a delegated municipality or county
			 in accordance with Section
			 3708.90;
			 or
B) $200 for previously permitted
			 appropriate uses requiring new permit authorization in accordance with Section
			 3708.175
			 and not involving any changes from the previously permitted activity;
			 or
C) $500 for appropriate uses
			 that comply with the terms and conditions of a general permit in accordance
			 with Section
			 3708.160;
			 or
D) $1000 for appropriate uses
			 that the Department determines would not require review of a hydrologic and/or
			 hydraulic analysis to demonstrate compliance with the standards listed in
			 Section
			 3708.70(d);
			 or
E) $3000 for appropriate uses
			 such as certain bridge/culvert crossings, public flood control projects, and
			 other major floodway construction and/or changes to the regulatory floodway
			 that the Department determines will require review of a hydrologic and/or
			 hydraulic analysis to demonstrate compliance with the standards listed in
			 Section
			 3708.70(d)
			  and/or Section
			 3708.80.
			 The base review fee shall be increased an additional $1500 for applications
			 requiring public notice in accordance with Section
			 3708.120.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3708 - FLOODWAY CONSTRUCTION IN NORTHEASTERN ILLINOIS › Section 3708.120 - Public Notice

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Department will issue public notices for proposed regulatory floodway map
			 revisions and projects in public waters.
b) The notice will allow a period of at least
			 twenty-one days for the submission of comments. The notice will contain a
			 description of the proposed action, its location, the name of the applicant and
			 the name of a Department contact. Notices will be mailed to the following:
1) Owners of adjacent upstream, downstream
			 and potentially affected property;
2) Affected state and federal
			 agencies;
3) Local officials of
			 potentially affected communities and governmental agencies, including the
			 Northeastern Illinois Planning Commission;
4) Adjacent states when interstate waters are
			 involved; and
5) The
			 applicant.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3708 - FLOODWAY CONSTRUCTION IN NORTHEASTERN ILLINOIS › Section 3708.130 - Public Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
The Department will hold a public hearing to solicit
				information regarding a proposed regulatory floodway map change when the
				Department deems a public hearing to be the most timely means of receiving the
				information required to make a decision. Public hearings will be conducted by a
				hearing officer appointed by the Department and an official transcript will be
				made. The Department may use the records and findings of other agency hearings
				in its own review.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3708 - FLOODWAY CONSTRUCTION IN NORTHEASTERN ILLINOIS › Section 3708.160 - General Permits

Current through Register Vol. 48, No. 28, July 12, 2024
The Department will, for the purpose of providing more
				expeditious processing of permit applications, issue general permits pertaining
				to specific types of activities, such as minor bank stabilization projects and
				utility crossings, meeting such conditions as necessary to assure compliance
				with the purpose and intent of this Part. General permits may be applicable on
				a regional basis or may be restricted to specified rivers, lakes and streams,
				or reaches of rivers and streams. Subsequent to the issuance of a general
				permit, individual applications must still be submitted but authorizations will
				be granted for activities meeting all of the terms and conditions of the
				general permit without notice or interagency coordination. General permits will
				be issued only after notice and opportunity for public review and
				comment.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3708 - FLOODWAY CONSTRUCTION IN NORTHEASTERN ILLINOIS › Section 3708.170 - Regional Permits and Statewide Permits

Current through Register Vol. 48, No. 28, July 12, 2024
The Department will, by issuance of a regional permit or
				statewide permit, grant approval for specific types of activities that do not
				singularly or cumulatively increase flood stage or flood velocities. Subsequent
				to the issuance of a regional permit or statewide permit, no application or
				further authorization will be required by the Department for activities meeting
				the terms and conditions of the regional permit or statewide permit. Regional
				permits and statewide permits will be issued only after notice and opportunity
				for public review and comment.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3708 - FLOODWAY CONSTRUCTION IN NORTHEASTERN ILLINOIS › Section 3708.175 - Permits Not Transferrable

Current through Register Vol. 48, No. 28, July 12, 2024
Permits issued pursuant to this Part are not transferrable. If
				the property rights for the grounds on which the project will be located are
				transferred before the authorized construction is completed, the new entity
				must apply for a permit under its name. The application for permit may
				incorporate by reference all information from the previous permit that is
				determined by the Department to be pertinent to the new
				application.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3708 - FLOODWAY CONSTRUCTION IN NORTHEASTERN ILLINOIS › Section 3708.180 - Final Administrative Decisions

Current through Register Vol. 48, No. 28, July 12, 2024
The approval or denial of applications for permit under this
				Part shall be considered final administrative decisions and are subject to
				judicial review in accordance with the Administrative Review Law [735 ILCS 5
				/Art. III].
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3720 - RULES ESTABLISHING HORIZONTAL AND VERTICAL CLEARANCES FOR BRIDGES OVER THE FOX RIVER › Section 3720.10 - Authority and Clearances

Current through Register Vol. 48, No. 28, July 12, 2024
The Department of Natural Resources, acting under authority
				conferred upon it by the Rivers, Lakes and Streams Act [615 ILCS 5 ], does
				hereby declare and order, pursuant to an investigation and hearing concerning
				the adequacy of horizontal and vertical bridge clearance of a new bridge
				proposed to be constructed by the Department of Transportation's Division of
				Highways to replace the existing five arch structure known as Burton's Bridge
				in Section 19, Township 44 North, Range 9 East of the Third Principal Meridian,
				McHenry County, Illinois, that the minimum horizontal clearance for bridges
				hereafter constructed over the Fox River between Algonquin Dam and the southern
				(downstream) right-of-way limit of route 173 shall be 100 feet, and the minimum
				vertical clearance for such bridges shall be 15 feet, above normal pool
				level.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3720 - RULES ESTABLISHING HORIZONTAL AND VERTICAL CLEARANCES FOR BRIDGES OVER THE FOX RIVER › Section 3720.20 - Permit Application Fees

Current through Register Vol. 48, No. 28, July 12, 2024
Permit applications reviewed under this Part are subject to the
				permit application review fees required in 17 Ill. Adm. Code
				3704.55.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3730 - ALLOCATION OF WATER FROM LAKE MICHIGAN › Subpart A - GENERAL RULES › Section 3730.101 - Scope and Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
a) This
				Part governs the practices and procedures of the Director and his or her
				delegated representatives, and all allocation and enforcement proceedings
				conducted by them pursuant to the Level of Lake Michigan Act [615 ILCS 50
				].
b) This Part implements the
				Department's program for the apportionment of water to be diverted from Lake
				Michigan among its regional organizations, municipalities, political
				subdivisions, agencies or instrumentalities for domestic purposes or for direct
				diversion into the Chicago Area Waterway System to maintain the waterway in a
				reasonably satisfactory sanitary condition. Consistent with the limitations
				expressed in a U.S. Supreme Court Decree (Wisconsin v. Illinois, 449 U.S. 48
				(1980)), the Lake Michigan water so diverted, whether by way of pumpage for
				domestic purposes from the lake, the sewage effluent derived from which reaches
				the Illinois Waterway, or by way of storm runoff from the Lake Michigan
				watershed that is diverted into the Chicago Area Waterway System, or by way of
				direct diversion from the lake into the waterway, shall not exceed a 40 year
				running average of 3,200 cubic feet per second.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3730 - ALLOCATION OF WATER FROM LAKE MICHIGAN › Subpart A - GENERAL RULES › Section 3730.103 - Filing

Current through Register Vol. 48, No. 28, July 12, 2024
Documents and requests permitted or required to be filed with
				  the Hearing Officer shall be addressed to and mailed to or filed with the
				  Hearing Officer at the following address:
Hearing Officer
Lake Michigan Allocation Proceedings
Illinois Department of Natural Resources
One Natural Resources Way
Springfield IL 62702-1271
or with such other person as the Director may designate from
				  time to time.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3730 - ALLOCATION OF WATER FROM LAKE MICHIGAN › Subpart A - GENERAL RULES › Section 3730.104 - Form of Documents

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Documents shall clearly show the file or docket number and title of the
				proceeding in connection with which they are filed, and shall be clearly
				designated to indicate the nature of the relief sought, inter alia,
				"application for allocation permit", "complaint", "petition for modification",
				"petition for emergency allocation" or "motion".
b) Except as otherwise provided, four copies
				of all documents, including application, complaints, motions, petitions, and
				petitions for review, shall be filed with the Hearing Officer. Only two copies
				of any discovery motion, interrogatories, answers to interrogatories, or
				subpoena filed with or by the Hearing Officer need to be filed with the Hearing
				Officer.
c) Documents shall be
				prepared on unglazed white paper of greater than 12 pound weight and measuring
				81/2" x 11". All documents shall be fastened on the left side or in the upper
				left hand corner. The left margin of each page shall be at least 11/2 inches
				and the right margin at least one inch.
d) One copy of each document will be signed
				by the applicant or party or by his or her authorized representative or
				attorney.
e) Documents shall
				contain the name, address and phone number of the applicant or party filing or
				his or her authorized representative or attorney.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3730 - ALLOCATION OF WATER FROM LAKE MICHIGAN › Subpart A - GENERAL RULES › Section 3730.105 - Service of Documents and Proof of Service

Current through Register Vol. 48, No. 28, July 12, 2024
a) Where the Hearing Officer or any person is
				required by statute or by the provisions of these rules to serve any document
				upon any person, service shall (in the absence of specific provisions in these
				rules to the contrary) be made in accordance with the provisions of this
				section.
b) Where any person is
				required to serve any document filed with the Hearing Officer, service shall be
				made by that person or by his representative on or before the day on which the
				document is filed.
c) Documents may
				be served upon a party, his attorney, or other duly constituted agent by
				delivering a copy or by mailing a copy to the last known address. When a party
				is represented by an attorney of record in any proceeding, service shall be
				made upon such attorney.
d)
				Delivery of a copy pursuant to this section means handing it to the party, his
				attorney, or other duly constituted agent or other person in charge of the
				office of the person being served; or, if there is no one in charge of such
				office, leaving it in a conspicuous place therein; or, if such office is closed
				or the person to be served has no office, leaving it at his dwelling house or
				usual place of abode with some person of suitable age and discretion then
				residing therein.
e) Service by
				mail is complete upon mailing.
f)
				Proof of service, as provided in this Section, shall be filed before action is
				taken. The proof of service shall show the time and manner of service, and may
				be by written acknowledgement of service, by certificate of the person
				effecting the service, or by other proof as satisfactory to the Hearing
				Officer. Failure to make proof of service will not affect the validity of the
				service. The Hearing Officer may allow the proof to be amended or supplied at
				any time before action is taken unless to do so would result in material
				prejudice to a party.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3730 - ALLOCATION OF WATER FROM LAKE MICHIGAN › Subpart A - GENERAL RULES › Section 3730.106 - Computation of Time

Current through Register Vol. 48, No. 28, July 12, 2024
a) Computation
				of any period of time prescribed by these rules or the Act shall begin with the
				first business day following the day on which the act, event or development
				initiating such period of time occurs, and shall run until the end of the last
				day, or the next following business day if the last day is a Saturday, Sunday
				or legal holiday. Where the period of time is five days or less, Saturdays,
				Sundays and legal holidays shall be excluded in the computation of
				time.
b) Notice requirements shall
				be construed to mean notice received, but proof that notice was dispatched by
				means reasonably calculated to be received by the prescribed date shall be
				prima facie proof that notice was timely received.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3730 - ALLOCATION OF WATER FROM LAKE MICHIGAN › Subpart A - GENERAL RULES › Section 3730.107 - Appearances and Representation

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Any person entitled to participate in proceedings may appear as follows:
1) A natural person may appear in his own
				behalf or by an attorney at law licensed and registered to practice in the
				State of Illinois.
2) A business,
				non-profit, or government organization may appear by any bonafide officer,
				employee, or representative, or may be represented by an attorney licensed and
				registered to practice in the State of Illinois, or both.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3730 - ALLOCATION OF WATER FROM LAKE MICHIGAN › Subpart A - GENERAL RULES › Section 3730.108 - Designation and Representation

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				A party entitled to participate in the hearing proceeding may designate another
				entity to represent its interests by filing with the Department a written
				application accompanied by a Resolution from the governing board of the
				designating party and a written Acceptance from the entity appearing in a
				representative capacity. The Designation of Representation and Acceptance of
				such designation shall be made on forms prescribed by the Department and
				executed by duly authorized officials of the parties. The designating party may
				withdraw the designation at any time upon its own motion with or without the
				consent of the previous designee.
b) The designated representative will be
				responsible to file all documents, complete all applications, answer all
				inquiries, present all testimony, and represent all other interest of the
				designating party for the purpose of applying for and obtaining a water
				withdrawal permit for water from Lake Michigan.
c) After receipt of the aforementioned
				documents, all correspondence will be directed to the designated representative
				only and the designating party is irrevocably bound by its action in these
				matters until such time as the designation is withdrawn and receipt of such
				withdrawal is acknowledged by the Department.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3730 - ALLOCATION OF WATER FROM LAKE MICHIGAN › Subpart A - GENERAL RULES › Section 3730.109 - Public Information

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Department shall maintain files containing all information submitted to or
				produced by the Department or Hearing Officers relating to matters within the
				Department's jurisdiction, except that internal communications of the
				Department shall be filed only at the request of the Director or his designated
				representatives. Without limiting the generality of the foregoing, the files
				shall include, among other things: pleadings, motions, notices, minutes,
				transcripts, exhibits, orders and opinions; proposed and adopted regulations;
				communications to or from the Department; newsletters and other releases;
				business records; and informal complaints received.
b) All such files shall be open to reasonable
				public inspection and copying, at the expense of the interested
				party.
c) The Department shall
				maintain a comprehensive index of all files open to public
				inspection.
d) The Department may
				in its discretion disseminate from time to time newsletters, digests of minutes
				and other releases regarding any matter before the Department.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3730 - ALLOCATION OF WATER FROM LAKE MICHIGAN › Subpart A - GENERAL RULES › Section 3730.110 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
If any rules, sentence, clause, subsection, phrase or
				  requirement of these rules is for any reason held to be unconstitutional or
				  violative of law, by a court of competent jurisdiction, such decision shall not
				  affect or impair the validity of the remaining portions of these
				  rules.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3730 - ALLOCATION OF WATER FROM LAKE MICHIGAN › Subpart B - HEARING › Section 3730.202 - Authorization of Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Allocation Hearing: Except in the case of an emergency allocation, the
				Department shall hold allocation hearing(s) as authorized by the Act within 90
				days of submission to the Department of an application for allocation or on the
				motion of the Department, the purpose of which shall be publicly stated to be
				contemplation of allocations of Lake Michigan water. The burden of proof in an
				allocation proceeding will lie with each applicant for an allocation.
b) Enforcement Proceeding: The Department may
				hold hearing(s) as authorized by the Act within 90 days of submission to the
				Department by any entity of a complaint for misuse of allocation, or on the
				motion of the Department for the purpose of gathering information with
				reference to abuse or misuse of any allocation and of entering an order
				presenting findings and directing a course of action, including changes in
				allocations previously made. Hearings will be held on all complaints which
				comply with Section
				3730.205(a),
				are not plainly devoid of merit or frivolous, and do not deal with a subject on
				which a hearing has been held within the preceding six months.
c) Petitions for Modification: The Department
				may hold hearing(s) on a petition for modification of an allocation permit. The
				burden of proof in a modification proceeding will lie with the
				petitioner/applicant. Hearings will be held on all petitions which comply with
				Section
				3730.310(a).
d) Petitions for Emergency Allocation: The
				Department shall within 60 days of issuing and entering an order for an
				emergency allocation give notice and conduct a hearing regarding such emergency
				allocation.
e) Designation of
				Hearing Officer: If the Department authorizes a hearing under any of the above
				sections, the Director shall designate a Hearing Officer to preside over such
				hearing.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3730 - ALLOCATION OF WATER FROM LAKE MICHIGAN › Subpart B - HEARING › Section 3730.203 - Parties

Current through Register Vol. 48, No. 28, July 12, 2024
a) The party
				seeking an allocation permit, an emergency allocation, or the modification of
				an allocation permit shall be designated as the petitioner. Any party
				initiating an enforcement proceeding shall be designated as the complainant.
				Any party who seeks to be heard and whose interests are adverse to the
				petitioner's or the complainant's shall be designated as the
				respondent.
b) Incorrect
				designation of a party is not a ground for dismissal but the name of a party
				may be corrected at any time.
c) If
				a complete determination of a controversy cannot be had without the presence of
				other parties, the Hearing Officer may direct them to be made parties. The
				Hearing Officer may allow the intervention of other persons of entities with an
				interest in the matter on any side of the controversy or in aid of the
				Department.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3730 - ALLOCATION OF WATER FROM LAKE MICHIGAN › Subpart B - HEARING › Section 3730.204 - Allocation Applications and Petitions for Modification

Current through Register Vol. 48, No. 28, July 12, 2024
Four copies of application for allocations, petition for
				  emergency allocation, and petition for modification shall be filed with the
				  Department and shall contain:
a) In
				the case of an Application for Allocation, all information required under
				Section
				3730.302.
b) In the case of a Petition for Emergency
				Allocation, all information required under Section
				3730.305.
c) In the case of a Petition for
				Modification, all information required under Section
				3730.310
				including reference to any change in circumstances or any information
				previously submitted pursuant to Section
				3730.302 and any
				claimed errors in interpretation of the Act or the rules.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3730 - ALLOCATION OF WATER FROM LAKE MICHIGAN › Subpart B - HEARING › Section 3730.205 - Complaint

Current through Register Vol. 48, No. 28, July 12, 2024
a) Pursuant to
				Section
				3730.202(b),
				a Complaint shall contain the following:
1) a
				reference to the provision of the Act or the rules of which the respondent(s)
				is alleged to be in violation; and
2) the dates, location, events, nature,
				extent and duration of abuses or misuses alleged to constitute violations of
				the Act or the rules complained of to an extent sufficient to advise
				respondent(s) of the full extent and nature of matters complained of adequate
				to reasonably allow preparation of a defense.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3730 - ALLOCATION OF WATER FROM LAKE MICHIGAN › Subpart B - HEARING › Section 3730.206 - Notice of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
(a) In cases in
				which a hearing is held pursuant to Section
				3730.202(a), (c) or
				(d), the commencement of the hearing shall be
				within 90 days after the date on which the application for allocation or
				petition for modification of allocation was received by the D epartment unless
				otherwise ordered by the Hearing Officer, or within 60 days after an order for
				an emergency allocation was entered by the Department. The Department shall
				give notice of hearing in these cases as follows:
1) to all permittees; petitione rs; the
				Counties of Cook, DuPage, Kane, Kendall, Lake, Will, and McHenry; the City of
				Chicago; the Metropolitan Water Reclamation District; the Illinois
				Environmental Protection Agency; and the Chicago Metropolitan Agency for
				Planning; and
2) by publication
				not less than twice in newspapers of general circulation in the immediate and
				remote area s that may be affected by diversions of Lake Michigan waters, such
				publications to be no longer than one week apart, and the hearing to be held
				within 10 days following date of last publication . ;
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3730 - ALLOCATION OF WATER FROM LAKE MICHIGAN › Subpart B - HEARING › Section 3730.207 - Prehearing Conferences

Current through Register Vol. 48, No. 28, July 12, 2024
a) In any
				proceeding the Hearing Officer may direct parties or their attorneys to appear,
				upon 10 or more days written notice, at a specified time and place for a
				conference, prior to or during the course of hearing for the purpose of
				formulating issues and considering:
1) the
				simplification of issues of fact and law;
2) the necessity or desirability of amending
				documents for the purpose of clarification, amplification, or
				limitation;
3) the possibility of
				making admissions of certain averments of fact or stipulations concerning the
				use of matters of public record to avoid unnecessary introduction of
				proof;
4) the limitation of the
				number of witnessess, including experts;
5) the propriety of prior mutual exchange
				between or among parties of prepared testimony and exhibits; and
6) such other matters as may aid in the
				simplification of the evidence and disposition of the proceeding.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3730 - ALLOCATION OF WATER FROM LAKE MICHIGAN › Subpart B - HEARING › Section 3730.208 - Discovery

Current through Register Vol. 48, No. 28, July 12, 2024
a) Hearing Officer
1) The Hearing Officer may order production
				of documents or things, depositions, or interrogatories in his or her
				discretion upon the written request of any party or by the Department on its
				own motion, either by an order directed to a party or by subpoena directed to a
				non-party:
A) when necessary to expedite the
				proceedings;
B) to ensure a clear
				or concise record;
C) to ensure a
				fair opportunity to prepare for the hearing; or
D) to avoid surprise at the
				hearing.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3730 - ALLOCATION OF WATER FROM LAKE MICHIGAN › Subpart B - HEARING › Section 3730.209 - Admissions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Request for
				Admission of Fact. A party, or the Department on its own motion, may serve on
				any other party a written request for the admission by the latter of the truth
				of any specified relevant fact set forth in the request.
b) Request for Admission of Genuineness of
				Document. A party or the Department on its own motion, may serve on any other
				party a written request for admission of the genuineness of any relevant
				documents described in the request. Copies of the documents shall be served
				with the request unless copies have already been furnished.
c) Admission in the Absence of Denial.
1) Each of the matters of fact and the
				genuineness of each document of which admission is requested is admitted
				unless, within 20 days after service thereof, the party to whom the request is
				directed serves upon the party requesting the admission either:
A) a sworn statement denying specifically the
				matters of which admission is requested or setting forth in detail the reasons
				why he cannot truthfully admit or deny those matters; or
B) written objections on the ground that some
				or all of the requested admissions are privileged or irrelevant or that the
				request is otherwise improper in whole or in part.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3730 - ALLOCATION OF WATER FROM LAKE MICHIGAN › Subpart B - HEARING › Section 3730.210 - Authority of Hearing Officer

Current through Register Vol. 48, No. 28, July 12, 2024
The Hearing Officer shall have the duty to conduct a fair and
				  impartial hearing, to take all necessary action to avoid delay, to maintain
				  order, and to ensure development of a clear and complete record. He shall have
				  all powers necessary to these ends including (but not limited to) the power
				  to:
a) require, when appropriate, all
				parties to state their position with respect to any proposal, application,
				petition, or complaint;
b)
				administer oaths and affirmations;
c) examine witnesses and direct witnesses to
				testify;
d) regulate the course of
				the hearing;
e) limit the number of
				times any witness may testify, limit repetitious or cumulative testimony, and
				establish reasonable limits on the amount of time each witness may
				testify;
f) to issue discovery
				orders pursuant to Section
				3730.208;
g) to issue subpoenas pursuant to Section
				3730.212;
h) conduct hearings and prehearing
				conferences;
i) rule or reserve
				ruling on the admissibility of evidence and amendments to pleadings;
j) continue a hearing from day to day or
				adjourn it to a later date by announcement thereof at the hearing or by
				appropriate notice thereof to all parties; and
k) direct parties to enter their appearances
				on the record.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3730 - ALLOCATION OF WATER FROM LAKE MICHIGAN › Subpart B - HEARING › Section 3730.211 - Hearing Procedure

Current through Register Vol. 48, No. 28, July 12, 2024
a) General
				Provisions
1) All hearings shall be open to
				the public.
2) All testimony taken
				at such hearings shall be under oath or affirmation.
3) All relevant evidence is admissible if, in
				the opinion of the Hearing Officer, it is of a type commonly relied upon by
				reasonably prudent men in the conduct of their affairs. Objections to
				evidentiary offers may be made and shall be noted in the record.
4) In determining the admissibility of
				evidence, the Hearing Officer shall give consideration to, but not be bound by
				rules of evidence governing civil proceedings.
5) Official notice may be taken of all facts
				of which judicial notice may be taken and of other facts within the specialized
				knowledge and experience of the Hearing Officer. Whenever official notice is
				requested or the Hearing Officer intends to take such notice on his own motion,
				prior notice shall be given to all parties with an opportunity to comment on
				the relevance or accuracy of the material of which official notice may be
				taken.
6) Copies of direct
				testimony of any witness shall be served upon the Hearing Officer at least 7
				days in advance of the session of the hearing at which such testimony is
				offered.
7) All motions and
				objections made during a public hearing shall be stated orally on the record,
				including the grounds of such objection.
8) When objection is made to the
				admissibility of evidence, such evidence may be received subject to such other
				objection and later ruling.
9) All
				motions other than those made during a hearing shall be in writing and shall
				state briefly the order or relief applied for and the grounds for such motion.
				Any such motion shall be filed with the Hearing Officer and a copy thereof
				shall be served at the same time on the parties. Answering statements, if any,
				shall be filed in writing with the Hearing Officer within 5 days after service
				of the motion upon the party filing the answering statement, and a copy thereof
				shall be served within the same period upon the other parties. The Hearing
				Officer may in his discretion, call for oral arguments on any such
				motion.
10) Parties may agree by
				stipulation upon facts involved in the proceeding. Any stipulation reached
				before a final determination by the Director shall be submitted in writing to
				the Hearing Officer and shall become effective only if approved by the Hearing
				Officer.
11) Statements from
				interested citizens may be presented if authorized by the Hearing Officer.
				These statements are subject to the same Rules and Regulations as herein set
				forth.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3730 - ALLOCATION OF WATER FROM LAKE MICHIGAN › Subpart B - HEARING › Section 3730.212 - Subpoenas

Current through Register Vol. 48, No. 28, July 12, 2024
a) Pursuant to
				Section 10 of the Act,upon verified application to the Hearing Officer by any
				party and upon a showing that such subpoena is reasonably required, or on
				motion of the Hearing Officer, the Hearing Officer shall issue a subpoena for
				attendance at a deposition or a hearing, which may include a command to produce
				books, papers, documents, or tangible things designated therein and reasonably
				necessary to resolution of the matter under consideration, subject to the
				limitations on discovery prescribed by these Rules.
b) Every subpoena shall state the title of
				the action and shall command each person to whom it is directed to attend and
				give testimony at the time and place therein specified.
c) The Hearing Officer, upon motion made
				promptly and in any event at or before the time specified in the subpoena for
				compliance therewith, may quash or modify the subpoena if it is unreasonable
				and oppressive.
d) Any person
				served with a subpoena issued in accordance with these rules who shall refuse
				or neglect to appear or to testify, or to produce books, papers, accounts or
				documents as commanded in such subpoena shall be guilty of a Class B
				misdemeanor.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3730 - ALLOCATION OF WATER FROM LAKE MICHIGAN › Subpart B - HEARING › Section 3730.213 - Official Record

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				petitioner or complainant, as applicable, shall provide a court reporter who
				shall record and transcribe a stenographic record of all hearings and will
				provide for such copies of the transcript as the Department may require for its
				own purposes.
b) After the
				transcript is filed, the Hearing Officer shall entertain requests for
				corrections and enter corrections either on the record of a subsequent hearing
				or in an Order.
c) The transcript
				of the hearing, all pleadings, all exhibits entered into evidence, and any
				documents officially noticed pursuant to Section
				3730.211(a)(5)
				 shall constitute the record.
d) Transcripts of hearings conducted by the
				Department shall be kept in the custody of the Department and will be open for
				inspection during the regular office hours. Copies may be made at the expense
				of the interested party.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3730 - ALLOCATION OF WATER FROM LAKE MICHIGAN › Subpart B - HEARING › Section 3730.214 - Order of Hearing Officer or Director

Current through Register Vol. 48, No. 28, July 12, 2024
The Hearing Officer's findings and recommended order shall be
				  presented to the Director for his approval. The Director may issue the
				  recommended order as his own or he may modify the recommended order or
				  reconsider the order or order a rehearing. Any party may petition the Director
				  for reconsideration or for a rehearing within 30 days of the issuance of the
				  Director's order. A copy of the order or decision of the Director shall be
				  filed in the records of the Department and served on each party to the
				  proceeding. Any order and decision of the Director shall be open for public
				  inspection at his offices during regular office hours.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3730 - ALLOCATION OF WATER FROM LAKE MICHIGAN › Subpart B - HEARING › Section 3730.215 - Hearing Officer's Proposed Order

Current through Register Vol. 48, No. 28, July 12, 2024
Prior to, during or following the taking of testimony, the
				  hearing of oral argument and the filing of briefs, if any, filed with him by
				  the parties, the Hearing Officer may require filing of proposed orders
				  including proposed findings of fact and conclusions of law.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3730 - ALLOCATION OF WATER FROM LAKE MICHIGAN › Subpart C - ALLOCATION RULES › Section 3730.302 - Application

Current through Register Vol. 48, No. 28, July 12, 2024
An application for an allocation permit shall contain the
				  following information, to be filed on forms provided by the Department:
a) The name and location of the
				applicant;
b) A description of the
				geographic area that the applicant supplies or intends to supply with water,
				and the number of people residing within that area;
c) An enumeration of the uses to which the
				allocation is intended to be put, including the proportion of the allocation
				that goes to each use;
d) A
				description of all proposed and existing systems for the storage, treatment,
				transportation and distribution of water and the location of any discharge of
				wastewater effluent within the area the applicant intends to supply with water
				from the allocation, including the location, dates of construction, and major
				improvements of wells;
e) A
				description of all present sources of water supply, within the area described
				under subsection (b), including a breakdown stating the amounts and quality of
				water currently available and the quantity prospectively available from each
				source;
f) A statement of
				anticipated future needs during the period for which application for a water
				allocation is being made, including projected land use changes and population
				changes and per capita use;
g) A
				description of the applicant's current and proposed water conservation
				programs, measures and ordinances that promote the efficient use of its water
				supply;
h) Such other information
				relevant to the Lake Michigan allocation as the Department deems
				appropriate.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3730 - ALLOCATION OF WATER FROM LAKE MICHIGAN › Subpart C - ALLOCATION RULES › Section 3730.303 - Classification of Water Users

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Applicants will be divided into broad categories determined by water use. The
				categories in order of descending priorities are: Categories IA, IB, IIA, IIB
				and III.
1)
Category IA -
Applicants whose primary water needs are residential,
							 commercial or industrial and whose future or continued use of Lake Michigan
							 water is the most economical source of supply.
2)
Category IB -
Applicants whose primary water demands are
							 residential, commercial and industrial and whose use of Lake Michigan water
							 would reduce the regional use of the deep aquifer.
3)
Category IIA -
Applicants whose primary water demands are for the
							 minimum flows necessary to meet navigation requirements and minimum
							 discretionary dilution flows necessary to maintain the Chicago Area Waterway
							 System in a reasonably satisfactory sanitary condition.
4)
Category IIB -
Applicants whose water demands are for the minimum
							 discretionary dilution flows necessary to meet water quality standards in the
							 Chicago Area Waterway System.
5)
Category III -
Applicants whose water demands do not fall into
							 Category IA, IB, IIA, or IIB.
b)
				In determining the need for Category IA and IB allocations, the Department will
				consider the following items:
1) Adequacy of
				supply from sources other than Lake Michigan.
2) Economics of alternative
				supplies.
3) For new applicants,
				priority will be given to allocations for domestic purposes.
4) For new applicants, allocations of Lake
				Michigan water will be made with the goal of reducing withdrawals from the
				Cambrian-Ordovician Aquifer (deep aquifer).
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3730 - ALLOCATION OF WATER FROM LAKE MICHIGAN › Subpart C - ALLOCATION RULES › Section 3730.305 - Emergencies

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon the
				occurrence of an unforeseen event and where necessary to safeguard the health,
				safety, or welfare of the people of the State of Illinois, the Director shall
				make an emergency allocation of water upon a showing by any user or applicant
				that:
1) A water shortage emergency exists,
				threatening the public health, safety, or welfare of people whom the user or
				applicant intends to supply with water; and
2) the user or applicant is making provisions
				to prevent the continuation or recurrence of such emergency allocations by
				developing alternative sources of water supply.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3730 - ALLOCATION OF WATER FROM LAKE MICHIGAN › Subpart C - ALLOCATION RULES › Section 3730.306 - Transfer of Water Use Rights

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				user may not transfer any portion of its allocation of Lake Michigan water to
				another user unless the transferor has satisfied all of the conditions
				precedent attached to its water allocation permit and the Department has
				approved the transfer according to the procedures in subsection (b) or
				(c).
b) All requests for transfers,
				except those described in subsection (c), shall be processed as petitions for
				modification of the allocation permits of the transferor and the transferee
				according to Sections
				3730.204(c)
				and
				3730.310.
				These requests shall not be approved or disapproved unless notice has been
				given as provided in Section
				3730.206 and a
				hearing has been held in conformance with Subpart B.
c) Any request for a transfer that includes
				the following statements may be approved by the Department after 30 days notice
				to all permittees and an opportunity for hearing has been provided:
1) The transferor must have satisfied all of
				the conditions precedent attached to its water allocation permit.
2) The transferee must be a duly constituted
				regional water supply organization.
3) The transferor and transferee must clearly
				indicate that the transferee assumes responsibility for compliance by the
				transferor with the requirements of Sections
				3730.307
				and
				3730.309.
4) The requested transfer must comprise 100%
				of the transferor's allocation.
5)
				The transferred allocation must be used solely by the transferor.