reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 102 - REGULATORY AND INFORMATIONAL HEARINGS AND PROCEEDINGS › Subpart F - BOARD ACTION › Section 102.606 - Second Notice of Proposed Regulations

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except when otherwise directed by
				applicable law, the Board will give second notice of its proposed adoption,
				amendment, or repeal of regulations to JCAR. The second notice period will
				begin on the date written notice is received by JCAR, and will expire 45 days
				after that date, except as provided by Section 5-40 of the IAPA. The Board will
				accept comments only from JCAR during the second notice period.
b) After the beginning of the second notice
				period, no substantive changes will be made to the proposed regulation, except
				in response to objections or suggestions from JCAR. Those changes will be made
				under Section
				102.600.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 102 - REGULATORY AND INFORMATIONAL HEARINGS AND PROCEEDINGS › Subpart F - BOARD ACTION › Section 102.608 - Notice of Board Final Action

Current through Register Vol. 48, No. 28, July 12, 2024
The Board will give notice of its final action on a proposal
				  to the proponent, the Agency, DNR, the Attorney General, and all persons on the
				  notice list. The Board will publish notice of its final action on its website,
				  and will enter a written opinion stating the reasons in support of its final
				  action.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 102 - REGULATORY AND INFORMATIONAL HEARINGS AND PROCEEDINGS › Subpart F - BOARD ACTION › Section 102.610 - Adoption of Identical-in-Substance Regulation

Current through Register Vol. 48, No. 28, July 12, 2024
a) Prior to adopting identical-in-substance
				regulations, the Board will:
1) Make available
				to the public a proposed opinion and order containing the text of the rules at
				the Board's Chicago Office and on the Board's Web site;
2) Publish the proposed regulations in the
				Illinois Register;
3) Serve a copy
				of the proposed opinion and order on USEPA; and
4) Solicit comments from USEPA, the Agency,
				the Attorney General and the public for at least 45 days after the date of
				publication in the Illinois Register.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 102 - REGULATORY AND INFORMATIONAL HEARINGS AND PROCEEDINGS › Subpart F - BOARD ACTION › Section 102.612 - Adoption of Emergency Regulations

Current through Register Vol. 48, No. 28, July 12, 2024
a) When the Board finds that a situation
				exists which reasonably constitutes a threat to the public interest, safety, or
				welfare, the Board may adopt regulations pursuant to and in accordance with
				Section5-45 of the IAPA [415 ILCS 27(c) ].
b) When the Board finds that a severe public
				health emergency exists, the Board may, in relation to any proposed regulation,
				order that such regulation shall take effect without delay [415 ILCS
				5/27(c) ]. The Board will proceed
				with any required hearings while the regulation continues in effect.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 102 - REGULATORY AND INFORMATIONAL HEARINGS AND PROCEEDINGS › Subpart F - BOARD ACTION › Section 102.614 - Adoption of Peremptory Regulations

Current through Register Vol. 48, No. 28, July 12, 2024
a) When the Board finds that a peremptory
				rulemaking is necessary under Section 5-50 of the IAPA, and states in writing
				its reasons for that finding, the Board will adopt that peremptory rulemaking
				upon filing a notice of rulemaking with the Secretary of State under Section
				5-70 of the IAPA.
b) Notice of the
				peremptory rulemaking will be published in the Illinois Register in accordance
				with Section 5-50 of the IAPA.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 102 - REGULATORY AND INFORMATIONAL HEARINGS AND PROCEEDINGS › Subpart G - MOTIONS FOR RECONSIDERATION AND APPEAL › Section 102.700 - Filing of Motions for Reconsideration

Current through Register Vol. 48, No. 28, July 12, 2024
Motions for reconsideration or modification of any Board
				  order taking substantive action on a regulatory proposal must be filed in
				  accordance with 35 Ill. Adm. Code
				  101.902.
				  The contents of such motions are governed by 35 Ill. Adm. Code 101.Subpart
				  I.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 102 - REGULATORY AND INFORMATIONAL HEARINGS AND PROCEEDINGS › Subpart G - MOTIONS FOR RECONSIDERATION AND APPEAL › Section 102.702 - Disposition of Motions for Reconsideration

Current through Register Vol. 48, No. 28, July 12, 2024
An adopted rule becomes effective upon the filing of that
				  rule with the Secretary of State. Therefore, the Board is precluded from
				  allowing a motion for reconsideration of a final order adopting a rule, if that
				  rule has been filed with the Secretary of State.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 102 - REGULATORY AND INFORMATIONAL HEARINGS AND PROCEEDINGS › Subpart G - MOTIONS FOR RECONSIDERATION AND APPEAL › Section 102.704 - Correction of Publication Errors

Current through Register Vol. 48, No. 28, July 12, 2024
The Board may make technical corrections to proposed or
				  adopted rules, published in the Illinois Register or filed with the Secretary
				  of State, only in accordance with 1 Ill. Adm. Code
				  100.240.
				  No hearing need be held on such corrections.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 102 - REGULATORY AND INFORMATIONAL HEARINGS AND PROCEEDINGS › Subpart G - MOTIONS FOR RECONSIDERATION AND APPEAL › Section 102.706 - Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
Any final Board order may be appealed to the appellate court
				  within 35 days after the service of that order (see 35 Ill. Adm. Code
				  101.300(d)
				  ), under Sections 29 and 41 of the Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 102 - REGULATORY AND INFORMATIONAL HEARINGS AND PROCEEDINGS › Subpart H - OUTSTANDING RESOURCE WATER DESIGNATION › Section 102.800 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart applies to any person seeking the adoption,
				  amendment, or repeal of an Outstanding Resource Water (ORW) designation for a
				  surface water body or any water body segment as provided by 35 Ill. Adm. Code
				  303.205.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 102 - REGULATORY AND INFORMATIONAL HEARINGS AND PROCEEDINGS › Subpart H - OUTSTANDING RESOURCE WATER DESIGNATION › Section 102.810 - Petition

Current through Register Vol. 48, No. 28, July 12, 2024
Any person may submit a petition for the adoption, amendment
				  or repeal of an ORW designation. The petition must be filed with the Clerk in
				  accordance with 35 Ill. Adm. Code
				  101.302(h)
				  and served upon the Agency, DNR, and the Attorney General in accordance with 35
				  Ill. Adm. Code
				  101.304(c).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 102 - REGULATORY AND INFORMATIONAL HEARINGS AND PROCEEDINGS › Subpart H - OUTSTANDING RESOURCE WATER DESIGNATION › Section 102.820 - Petition Contents

Current through Register Vol. 48, No. 28, July 12, 2024
A proposal must include:
a) The language of the proposed rule,
				amendment, or repealer identifying the surface water body or water body segment
				being proposed for designation, amendment, or repeal as an ORW. Language being
				added must be indicated by underscoring, and language being deleted must be
				indicated by strike-outs. The proposed rule must be drafted in accordance with
				1 Ill. Adm. Code 100. Subpart C;
b)
				A statement describing the specific surface water body or water body segment
				for which the ORW designation, amendment, or repeal is requested and the
				present designation of the surface water body or water body segment;
c) A statement describing the area in which
				the specific surface water body or water body segment exists, including:
1) The existence of wetlands or natural
				areas;
2) The living organisms in
				that area, including endangered or threatened species of plants, aquatic life
				or wildlife listed under the federal Endangered Species Act (
				16
				USC 1531 et seq.) or the Illinois Endangered
				Species Protection Act [ 41 ILCS 10 ];
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 102 - REGULATORY AND INFORMATIONAL HEARINGS AND PROCEEDINGS › Subpart H - OUTSTANDING RESOURCE WATER DESIGNATION › Section 102.830 - Board Action

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Dismissal
1) Failure of the proponent to
				satisfy the content requirements for proposals under this Subpart or failure to
				respond to Board requests for additional information will render a proposal
				subject to dismissal for inadequacy.
2) Failure of the proponent to pursue
				disposition of the petition in a timely manner will render a petition subject
				to dismissal. In making this determination, the Board may consider factors,
				including the history of the proceeding and the proponent's compliance with any
				Board or hearing officer orders.
3)
				Any person may file a motion challenging the sufficiency of the petition under
				35 Ill. Adm. Code 101. Subpart E.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 103 - ENFORCEMENT › Subpart A - GENERAL PROVISIONS › Section 103.100 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Part
				applies to proceedings before the Board concerning complaints alleging
				violations of the Act, regulations, and orders of the Board under Section 31 of
				the Act [
				415 ILCS
				5/31 ].
b)
				This Part must be read in conjunction with 35 Ill. Adm. Code 101, which
				contains procedures generally applicable to all of the Board's adjudicatory
				proceedings. In the event of a conflict between the requirements of 35 Ill.
				Adm. Code 101 and those of this Part, the provisions of this Part
				apply.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 103 - ENFORCEMENT › Subpart A - GENERAL PROVISIONS › Section 103.102 - 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 103 - ENFORCEMENT › Subpart A - GENERAL PROVISIONS › Section 103.104 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
For the purpose of this Part, words and terms will have the
				  meaning as defined in 35 Ill. Adm. Code 101.Subpart B unless otherwise
				  provided, or unless the context clearly indicates otherwise.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 103 - ENFORCEMENT › Subpart A - GENERAL PROVISIONS › Section 103.106 - General

Current through Register Vol. 48, No. 28, July 12, 2024
Enforcement proceedings may be initiated by any person
against any person allegedly violating the Act, any rule or regulation
				  adopted under the Act, any permit or term or condition of a permit, or
any
Board
order. [
				  415 ILCS
				  5/31(d)(1) ] Complaints filed by
				  persons other than the Attorney General or a State's Attorney will be known as
				  citizen's complaints.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 103 - ENFORCEMENT › Subpart A - GENERAL PROVISIONS › Section 103.108 - Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
Hearings will be conducted under 35 Ill. Adm. Code 101.
				  Subpart F, including any hearing held by video conference (see 35 Ill. Adm.
				  Code
				  101.600(b)
				  ).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 103 - ENFORCEMENT › Subpart B - COMPLAINT, REQUEST FOR INFORMAL AGENCY INVESTIGATION, SERVICE, AND AUTHORIZATION OF HEARING › Section 103.200 - Who May File

Current through Register Vol. 48, No. 28, July 12, 2024
Under Section 31 of the Act, an enforcement proceeding may be
				  commenced by any person.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 103 - ENFORCEMENT › Subpart B - COMPLAINT, REQUEST FOR INFORMAL AGENCY INVESTIGATION, SERVICE, AND AUTHORIZATION OF HEARING › Section 103.202 - Parties

Current through Register Vol. 48, No. 28, July 12, 2024
a) The person
				initiating an enforcement proceeding must be named the complainant. Any adverse
				party must be named the respondent. If the Agency is requested by the Board to
				conduct an investigation under Section 30 of the Act, the Board will name the
				Agency as a "party in interest" under 35 Ill. Adm. Code
				101.404.
				Upon motion of the Agency, the Board may align the Agency with any other party
				or parties as appropriate.
b) With
				permission of the Board and in accordance with Section
				103.206
				of this Part, cross-complainants, counter-complainants, and third-party
				complainants may be named as parties.
c) Misnomer of a party is not a ground for
				dismissal; the name of any party may be corrected at any time.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 103 - ENFORCEMENT › Subpart B - COMPLAINT, REQUEST FOR INFORMAL AGENCY INVESTIGATION, SERVICE, AND AUTHORIZATION OF HEARING › Section 103.204 - Notice, Complaint, and Answer

Current through Register Vol. 48, No. 28, July 12, 2024
a) An enforcement proceeding will be
				commenced by the service of a notice and complaint by U.S. Mail with a
				recipient's signature recorded, a third-party commercial carrier with a
				recipient's signature recorded, or personal service upon all respondents and
				the filing of the notice and complaint with the Clerk. (See 35 Ill. Adm. Code
				101.300(b) and
				(c),
				101.302(h)
				and
				101.304(c)(2).)
b) The notice must be directed to the
				respondents notifying them of the filing of the accompanying complaint and that
				they may be required to attend a hearing at a date set by the Board.
c) The complaint must be captioned in
				accordance with 35 Ill. Adm. Code 101. Appendix A, Illustration A and contain:
1) A reference to the provision of the Act
				and regulations that the respondents are alleged to be violating;
2) The dates, location, events, nature,
				extent, duration, and strength of discharges or emissions and consequences
				alleged to constitute violations of the Act and regulations. The complaint must
				advise respondents of the extent and nature of the alleged violations to
				reasonably allow preparation of a defense; and
3) A concise statement of the relief that the
				complainant seeks.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 103 - ENFORCEMENT › Subpart B - COMPLAINT, REQUEST FOR INFORMAL AGENCY INVESTIGATION, SERVICE, AND AUTHORIZATION OF HEARING › Section 103.206 - Adding Parties; Filing Counter-, Cross-, or Third-Party Complaints; Filing New or Modified Claims

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The Board, on its own motion or the motion of a respondent, may order a person
				to be added as a respondent if a complete determination of a controversy cannot
				be had without the presence of the person who is not already a party to the
				proceeding.
b) If the Board orders
				a person to be added as a respondent under subsection (a), the Board will grant
				the complainant permission to file an amended complaint that sets forth a claim
				against the added respondent. The amended complaint must meet the requirements
				of Section
				103.204.
c) Misjoinder and nonjoinder of parties with
				respect to enforcement proceedings are governed by 35 Ill. Adm. Code
				101.403(b).
d) If a party wishes to file a
				counter-complaint, cross-complaint, or third-party complaint, the party must
				move the Board for permission to file the pleading. If a party wishes to file
				an amendment to a complaint, counter-complaint, cross-complaint, or third-party
				complaint that sets forth a new or modified claim against another person, the
				party who wishes to file the pleading must move the Board for permission to
				file the pleading.
e) The pleading
				sought to be filed under subsection (d) must:
1) Set forth a claim that arises out of the
				occurrence or occurrences that are the subject of the proceeding; and
2) Meet the requirements of Section
				103.204
				of this Subpart, including the requirement to serve the pleading by U.S. Mail
				with a recipient's signature recorded, a third-party commercial carrier with a
				recipient's signature recorded, or personal service upon the respondent,
				counter-respondent, cross-respondent, or third-party
				respondent.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 103 - ENFORCEMENT › Subpart B - COMPLAINT, REQUEST FOR INFORMAL AGENCY INVESTIGATION, SERVICE, AND AUTHORIZATION OF HEARING › Section 103.208 - Request for Informal Agency Investigation

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any person may request an informal Agency
				investigation by submitting a request to the Board.
b) The Board will forward the request to the
				Agency with a copy to the person requesting the investigation. The Agency must
				send an acknowledgment of receipt of the informal investigation request to the
				Board.
c) The Board will take no
				further action upon the request for informal investigation beyond the action
				described in subsection (b).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 103 - ENFORCEMENT › Subpart B - COMPLAINT, REQUEST FOR INFORMAL AGENCY INVESTIGATION, SERVICE, AND AUTHORIZATION OF HEARING › Section 103.210 - Notice of Complaint

Current through Register Vol. 48, No. 28, July 12, 2024
a) In
				addition to the notice of hearing requirements set forth in 35 Ill. Adm. Code
				101, if the complainant is the Office of the Attorney General or the State's
				Attorney of the county in which the alleged violation occurred, the complainant
				must give notice of each complaint and hearing at least 21 days before the
				hearing to:
1) Any
person that has
				complained to the Agency respecting the respondent within the six months
				preceding the date of the complaint; and
2) Any
person in the county in which
				the offending activity occurred that has requested notice of enforcement
				proceedings.
[
				415 ILCS
				5/31(c)(1) ]
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 103 - ENFORCEMENT › Subpart B - COMPLAINT, REQUEST FOR INFORMAL AGENCY INVESTIGATION, SERVICE, AND AUTHORIZATION OF HEARING › Section 103.212 - Hearing on Complaint

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Any person may file with the Board a complaint against any person
				allegedly violating the Act, any rule or regulation adopted under the Act, any
				permit or term or condition of a permit, or any Board order
. When the
				Board receives a citizen's complaint,
unless the Board determines that
				such complaint is duplicative or frivolous, it shall schedule a
				hearing
. [
				415 ILCS
				5/31(d)(1) ] The definitions for
				duplicative and frivolous can be found at 35 Ill. Adm. Code 101. Subpart
				B.
b) Motions made by respondents
				alleging that a citizen's complaint is duplicative or frivolous must be filed
				no later than 30 days following the date of service of the complaint upon the
				respondent. Motions under this subsection may be made only with respect to
				citizen's enforcement proceedings. Timely filing the motion will, under Section
				103.204(e),
				stay the 60 day period for filing an answer to the complaint.
c) The Board will automatically set for
				hearing all complaints filed by the Attorney General or a State's Attorney on
				behalf of the People of the State of Illinois.
d) The Board in its discretion may hold a
				hearing on the violation and a separate hearing on the remedy.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 103 - ENFORCEMENT › Subpart C - SETTLEMENT PROCEDURE › Section 103.300 - Request for Relief from Hearing Requirement in State Enforcement Proceeding

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Whenever
				a complaint has been filed on behalf of the Agency or by the People of the
				State of Illinois, the parties may file with the Board a proposed stipulation
				and settlement accompanied by a request for relief from the requirement of a
				hearing
pursuant to Section 31(c)(1) of the Act. [
				415 ILCS
				5/31(c)(2) ] The proposed stipulation
				and settlement agreement must conform to the statement required for settlement
				submissions at hearing in Section
				103.302.
b) Unless the Board concludes that a hearing
				will be held, the Board will cause notice of the proposed stipulation and
				settlement, and request for relief, to be published and sent, as is required
				for hearing, by the Clerk's office. The notice will include a statement that
				any person may file with the Clerk:
1) A
				written demand for a hearing within 21 days after publication of the notice.
				The written demand for hearing must state that a public hearing is requested
				and must indicate the assigned Board Docket number and respondent's name in the
				matter; or
2) In the case of
				proposed stipulations and settlements that relate to NPDES permits, a written
				comment or demand for hearing within 30 days after publication. The written
				demand for hearing must state that a public hearing is requested and must
				indicate the assigned Board Docket number and respondent's name in the
				matter.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 103 - ENFORCEMENT › Subpart C - SETTLEMENT PROCEDURE › Section 103.301 - Request for Relief from Hearing Requirement in Citizen's Enforcement Proceeding

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Whenever a complaint has been filed by a person other than the Attorney
				General or State's Attorney, the parties may file with the Board a stipulation
				and proposed settlement accompanied by a request for relief from the hearing
				requirement of
Section 31(c)(1) of the Act. [
				415 ILCS
				5/31(d)(2) ] The stipulation and
				proposed settlement agreement must conform to the statement required for
				settlement submissions at hearing in Section
				103.302.
b)
Unless the Board, in its
				discretion, concludes that a hearing should be held, no hearing on the
				stipulation and proposal for settlement is required
. [
				415 ILCS
				5/31(d)(2) ]
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 103 - ENFORCEMENT › Subpart C - SETTLEMENT PROCEDURE › Section 103.302 - Contents of Proposed Stipulation and Settlement Agreement

Current through Register Vol. 48, No. 28, July 12, 2024
No proceeding pending before the Board will be disposed of or
				  modified without an order of the Board. A proposed stipulation and settlement
				  agreement must contain a written statement, signed by the parties or their
				  authorized representatives, outlining the nature of, the reasons for, and the
				  purpose to be accomplished by the settlement. The written statement must
				  include:
a) A full stipulation of all
				material facts pertaining to the nature, extent, and causes of the alleged
				violations proposed to be settled;
b) The nature of the relevant parties'
				operations and control equipment;
c) Facts and circumstances bearing upon the
				reasonableness of the emissions, discharges, or deposits involved, including:
1) the character and degree of injury to, or
				interference with the protection of the health, general welfare and physical
				property of the people;
2) the
				social and economic value of the pollution source;
3) the suitability or unsuitability of the
				pollution source to the area in which it is located, including the question of
				priority of location in the area involved;
4) the technical practicability and economic
				reasonableness of reducing or eliminating the emissions, discharges or deposits
				resulting from suchpollution source; and
5) any subsequent compliance. [415 ILCS
				5/33(c) ]
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 103 - ENFORCEMENT › Subpart C - SETTLEMENT PROCEDURE › Section 103.304 - Hearing on Proposed Stipulation and Settlement Agreement

Current through Register Vol. 48, No. 28, July 12, 2024
When the parties submit a proposed stipulation and settlement
				  agreement to the hearing officer at hearing, or when the Board orders that a
				  hearing be held in accordance with Section
				  103.300(c)
				  or
				  103.301(b),
				  the hearing officer will conduct a hearing in which interested persons may make
				  statements with respect to the nature of the alleged violation and its impact
				  on the environment, together with their views on the proposed stipulation and
				  settlement agreement. The statements must be in accordance with 35 Ill. Adm.
				  Code
				  101.628.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 103 - ENFORCEMENT › Subpart C - SETTLEMENT PROCEDURE › Section 103.306 - Board Order on Proposed Stipulation and Settlement Agreement

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Board will consider the proposed
				settlement and stipulation agreement and the hearing record, if any. The Board
				may accept, suggest revisions in, or reject the proposed settlement and
				stipulation agreement, or direct initial or further hearings as it deems
				appropriate.
b) If the Board
				determines that a settlement involves or may involve the issuance or
				modification of a Resource Conservation Recovery Act (RCRA) permit, it will
				enter an interim order under Section
				103.402.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 103 - ENFORCEMENT › Subpart D - PROCEEDINGS INVOLVING RCRA PERMITS › Section 103.400 - Purpose, Scope, and Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Subpart applies when the Board finds
				in an interim order that an enforcement proceeding involves issuance or
				modification of a RCRA permit.
b)
				Enforcement proceedings that involve issuance or modification of a RCRA permit
				include those in which, to grant complete relief, it appears that the Board
				will have to:
1) Revoke a RCRA
				permit;
2) Order a RCRA permit
				issued or modified;
3) Enter an
				order that could require actions that would be different from the conditions of
				a RCRA permit or 35 Ill. Adm. Code 724 or 725; or
4) Enter an order directing facility closure
				or modification after a finding that a facility was operating without a RCRA
				permit and that one was required.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 103 - ENFORCEMENT › Subpart D - PROCEEDINGS INVOLVING RCRA PERMITS › Section 103.402 - Interim Order

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Board will enter an interim order invoking the procedures of this Subpart on
				its own motion or on the motion of any party. Before the Board enters an
				interim order, the parties must develop, through hearings or admissions under
				35 Ill. Adm. Code 101. Subpart F, a sufficient record to support the findings
				that the Board must make in subsection (b).
b) An interim order invoking the procedures
				of this Subpart will include:
1) A finding or
				proposed finding of violation and any penalty or proposed monetary
				penalty;
2) A finding that the
				proceeding is an enforcement action that involves or may involve the issuance
				or modification of a RCRA permit;
3) Joinder of the Agency if it is not already
				a party; and
4) A time schedule for
				filing by the Agency of a partial draft permit.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 103 - ENFORCEMENT › Subpart D - PROCEEDINGS INVOLVING RCRA PERMITS › Section 103.404 - Joinder of the Agency

Current through Register Vol. 48, No. 28, July 12, 2024
If the Board directs that the Agency be joined, the Clerk
				  will send, by certified mail addressed to the Agency, a copy of the Board Order
				  requiring joinder. The mailing will constitute service of process upon the
				  Agency.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 103 - ENFORCEMENT › Subpart D - PROCEEDINGS INVOLVING RCRA PERMITS › Section 103.406 - Draft Permit or Statement

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Within 60 days after entry of an interim order, the Agency must file and serve
				on all parties either a partial draft permit or a statement that no RCRA permit
				needs to be issued or modified.
b)
				The partial draft permit must be in compliance with the requirements of 35 Ill.
				Adm. Code
				705.141 and must
				include such conditions as the Agency finds are necessary to correct the
				violations found in the interim order.
c) The Agency may confer with other parties
				and enter into agreements as to the substance of the partial draft permit that
				it will recommend to the Board. The Agency must disclose any such conferences
				or agreements in the proposed draft permit. The agreements do not bind the
				Board.
d) If the Agency issues a
				statement that no RCRA permit needs to be issued or modified, the remaining
				procedures of this Subpart will not be followed, unless the Board determines
				otherwise.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 103 - ENFORCEMENT › Subpart D - PROCEEDINGS INVOLVING RCRA PERMITS › Section 103.408 - Stipulated Draft Remedy

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				parties may agree to a stipulated draft remedy.
b) A stipulated draft remedy must include the
				following:
1) Proposed mandatory orders that
				the parties agree should be included in the Board's final order, which may
				include one or more of the following:
A) An
				order to cease and desist conducting regulated activities;
B) An order to close a facility or
				unit;
C) An order to execute a
				post-closure care plan;
D) A
				compliance plan, including a time schedule to assure compliance with
				regulations in the shortest possible time;
E) An order to provide a performance bond or
				other financial assurance;
F) An
				order to apply for a permit or permit modification; and
G) An order revoking a permit.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 103 - ENFORCEMENT › Subpart D - PROCEEDINGS INVOLVING RCRA PERMITS › Section 103.410 - Contents of Public Notice

Current through Register Vol. 48, No. 28, July 12, 2024
a) In
				addition to serving all parties, the Agency must serve a copy of any partial
				draft permit on USEPA in accordance with 35 Ill. Adm. Code
				101.304(c).
b) In addition to the requirements of the Act
				and Section
				103.210, the
				Agency must, at a minimum, give notice of the filing of a partial draft permit
				to the following persons:
1) Federal agencies
				as designated by USEPA;
2) Illinois
				Department of Transportation;
3)
				DNR;
4) Illinois Department of
				Public Health;
5) The Governor of
				any other state adjacent to the county in which the facility is located;
				and
6) Elected officials of any
				counties, in other states, adjacent to the county in which the facility is
				located, and elected officials in any municipality, in another state, if it is
				the population center that is closest to the facility.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 103 - ENFORCEMENT › Subpart D - PROCEEDINGS INVOLVING RCRA PERMITS › Section 103.412 - Public Comment

Current through Register Vol. 48, No. 28, July 12, 2024
Any person, including USEPA, may comment on the partial draft
				  permit or stipulated draft remedy within 45 days after it has been filed with
				  the Board and notice given under Section
				  103.410.
				  Parties will receive distributions from the Clerk's Office in accordance with
				  35 Ill. Adm. Code
				  101.628(c)(3).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 103 - ENFORCEMENT › Subpart D - PROCEEDINGS INVOLVING RCRA PERMITS › Section 103.414 - Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) The hearing
				officer, after appropriate consultation with the parties, will set a time and
				place for the hearing to be held not less than 30 days after the filing of the
				partial draft permit or stipulated remedy.
b) The hearing will be held, whenever
				possible, at a location convenient to the population center that is closest to
				the facility.
c) The Clerk in
				consultation with the hearing officer will give notice of the hearing to the
				persons entitled to notice in Sections
				103.210 and
				103.410,
				and to any other persons who have commented, requested to comment or requested
				notice, and to any persons on a mailing list provided by the Agency.
d) Notice will be mailed not less than 30
				days before the hearing.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 103 - ENFORCEMENT › Subpart D - PROCEEDINGS INVOLVING RCRA PERMITS › Section 103.416 - Contents of Board Order

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Board will not enter an order that would require the issuance or modification
				of a RCRA permit unless the public notice, public comment and hearing
				procedures of this Subpart have been followed.
b) If the Board determines that, to grant
				complete relief, it must order the issuance or modification of a RCRA permit,
				its final order will include an order directing the Agency to issue or modify
				the RCRA permit, which may take one of the following forms:
1) An order to issue or modify a permit in
				conformance with a draft permit;
2)
				An order to issue or modify a permit in conformance with a draft permit as
				modified by the Board order; or
3)
				Guidelines for issuance or modification of a permit in conformance with the
				order and other applicable regulations.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 103 - ENFORCEMENT › Subpart E - IMPOSITION OF PENALTIES › Section 103.502 - Civil Penalties

Current through Register Vol. 48, No. 28, July 12, 2024
Civil penalties will be determined under Sections 33(c) and
				  42 of the Act [
				  415 ILCS
				  5/33(c) and 42 ].
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 103 - ENFORCEMENT › Subpart E - IMPOSITION OF PENALTIES › Section 103.504 - Civil Penalties Method of Payment

Current through Register Vol. 48, No. 28, July 12, 2024
a) Payment of the penalty must be made by
				certified or cashier's check, money order, electronic funds transfer, or in
				installments by the foregoing means after execution of a promissory note
				containing an agreement for judgment.
b) All remittances must be made payable to
				the Environmental Protection Trust Fund or other fund as specified by the
				Board.
c) Any such penalty not paid
				within the time prescribed in the Board order will incur interest at the rate
				set forth in Section 1003(a) of the Illinois Income Tax Act [
				35 ILCS
				5/1003(a) ].
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 103 - ENFORCEMENT › Subpart E - IMPOSITION OF PENALTIES › Section 103.600 - Civil Action

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
				orders issued and entered by the Board pursuant to Section 33 of the Act
				[415 ILCS 5/33 ] in a
				State enforcement proceeding are enforceable by injunction, mandamus, or other
				appropriate remedy, in accordance with Section 42 of the Act [415 ILCS 5/42 ].
				[415 ILCS
				5/33(d) ]
b) A final order issued by the Board pursuant
				to Section 33 of the Act [415 ILCS
				5/33 ] in a citizen's enforcement proceeding may be
				enforced through a civil action for injunctive or other relief instituted by a
				person who was a party to the Board enforcement proceeding in which the Board
				issued the final order. [415 ILCS
				5/45(e) ]
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart A - GENERAL PROVISIONS › Section 104.100 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Part
				applies to mechanisms for obtaining relief from environmental regulations under
				Titles VII and IX of the Act, such as variances, provisional variances, and
				adjusted standards.
b) This Part
				must be read in conjunction with 35 Ill. Adm. Code 101, which contains
				procedures generally applicable to all of the Board's adjudicatory proceedings.
				In the event of a conflict between the requirements of 35 Ill. Adm. Code 101
				and those of this Part, the provisions of this Part apply.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart A - GENERAL PROVISIONS › Section 104.102 - 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 104 - REGULATORY RELIEF MECHANISMS › Subpart A - GENERAL PROVISIONS › Section 104.104 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
For the purpose of this Part, words and terms will have the
				  meanings as defined in 35 Ill. Adm. Code 101.Subpart B unless otherwise
				  provided, or unless the context clearly indicates otherwise.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart A - GENERAL PROVISIONS › Section 104.106 - Petitions and Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Each petition must contain an index that lists the documents comprising the
				petition, including any exhibits, attachments, and supporting documents. All
				pages of the petition must be sequentially numbered with the letter "P" placed
				before the number of each page. The index must show the page numbers upon which
				each document comprising the petition starts and ends. The petition also must
				meet the requirements of 35 Ill. Adm. Code 101. Subpart J.
b) Hearings will be conducted under 35 Ill.
				Adm. Code 101. Subpart F, including any hearing held by video conference (see
				35 Ill. Adm. Code
				101.600(b)
				).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart B - VARIANCES › Section 104.200 - General

Current through Register Vol. 48, No. 28, July 12, 2024
a) Description:
1) General Variance. A variance is a
				temporary exemption from any specified rule, regulation, requirement or order
				of the Board, which may be granted by the Board with or without conditions for
				a period of time not to exceed five years,
upon presentation of
				adequate proof
, by the petitioner
that compliance with any
				rule, regulation, requirement or order of the Board would impose an arbitrary
				or unreasonable hardship.
[
				415 ILCS
				5/35(a) ]
2) Resource Conservation and Recovery Act
				(RCRA) Variance. A RCRA variance is an exemption from 35 Ill. Adm. Code 703,
				720, 721, 722, 723, 724 or 725 or which allows the Illinois Environmental
				Protection Agency (Agency) to issue or modify any provision of a RCRA permit
				required under Section 21(f) of the Act [
				415 ILCS
				5/21(f) ].
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart B - VARIANCES › Section 104.202 - Filing Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Who
				May File. Any person seeking a variance from any rule or regulation,
				requirement or order of the Board that would otherwise be applicable to that
				person may file a variance petition.
b) General Filing and Service Requirements.
				All general filing and service requirements for Board filings, including the
				form of filing and the fee requirements for filing, apply to the filing of a
				petition for variance. These general requirements are found at 35 Ill. Adm.
				Code 101. Subparts C and J.
c)
				Special Filing and Service Requirements. In addition to the general
				requirements found at 35 Ill. Adm. Code 101. Subpart C, a person filing a
				petition for variance must meet the following requirements:
1) One copy of the petition and all related
				documents must be served on the Agency. The service on the Agency must be
				initiated on or before the date the petition is filed with the Board.
				Additionally, all RCRA variance petitions must be served on the USEPA Region V
				Director of Waste Management. An affidavit of service of the petition and
				related documents must accompany the filing with the Board; and
2) The petition must contain all information
				or documents necessary to satisfy the petition content requirements found in
				Sections
				104.204,
				104.206,
				and
				104.208.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart B - VARIANCES › Section 104.204 - Petition Content Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
The petition must include the information required by
				  subsections (a) through (n). Additionally, there are specific content
				  requirements set forth at Section
				  104.206
				  for RCRA variance petitions. If the petitioner believes that any of these
				  requirements are not applicable to the specific variance requested, the
				  petitioner must so state and explain the reasoning.
a) A statement describing the regulation,
				requirement, or order of the Board from which a variance is sought. If variance
				from a regulation is sought, the statement must include the Illinois
				Administrative Code citation to the regulation as well as the effective date of
				that regulation. If variance from a requirement or order of the Board is
				sought, the statement must include the citation to that requirement or order of
				the Board promulgating that requirement, including docket number;
b) A complete and concise description of the
				nature of petitioner's activity that is the subject of the proposed variance,
				including:
1) The location of, and area
				affected by, the petitioner's activity;
2) The location of points of discharge, and,
				as applicable, the identification of the receiving waterway or land, or, if
				known, the location of the nearest air monitoring station maintained by the
				Agency;
3) An identification,
				including docket number, of any prior variance issued to the petitioner and, if
				known, the petitioner's predecessors, concerning similar relief;
4) An identification, including number, of
				the environmental permits held by petitioner for the activity which may be
				affected by grant of variance;
5)
				The number of persons employed by the petitioner's facility at issue and the
				age of that facility;
6) The nature
				and amount of the materials used in the process or activity for which the
				variance is sought and a full description of the particular process or activity
				in which the materials are used;
7)
				A description of the relevant pollution control equipment already in use;
				and
8) The nature and amount of
				emissions, discharges or releases of the constituent in question currently
				generated by the petitioner's activity;
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart B - VARIANCES › Section 104.206 - RCRA Variance Petition Contents

Current through Register Vol. 48, No. 28, July 12, 2024
In addition to the requirements of Sections
				  104.204
				  and
				  104.208,
				  a petition for a RCRA variance must meet the following requirements:
a) All petitions for RCRA variances must
				include a showing that the Board can grant the requested relief consistent
				with, and establish RCRA permit conditions no less stringent than, those that
				would be required by RCRA and the regulations promulgated by USEPA ( 40 CFR
				260, 261, 262, 263, 264, 265, 266, 267, 268 and 270 ). Petitions must indicate
				whether any federal provisions authorize the relief requested, and must include
				any facts necessary to show that the petitioner would be entitled to the
				requested relief under federal law;
b) Persons who have, or are required to have,
				a RCRA permit and who seek a RCRA variance that could result in modification or
				issuance of the RCRA permit must have on file with the Agency a RCRA permit
				application reflecting the requested variance prior to filing the variance
				petition;
c) Petitioner must attach
				to the variance petition a copy of the RCRA permit application, or such portion
				as may be relevant to the variance request; and
d) Petitioner must attach to the variance
				petition documentation of service on USEPA as required by Section
				104.202.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart B - VARIANCES › Section 104.208 - Consistency with Federal Law

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				All petitions for variances from Title II of the Act or from 35 Ill. Adm. Code.
				Subtitle B, Ch. I "Air Pollution", must indicate whether the Board may grant
				the requested relief consistent with the Clean Air Act (CAA) (
				42 USC
				7401 et seq.) and the federal regulations
				adopted under the CAA ( 40 CFR 50 through 99 ). If granting a variance would
				require revising the State Implementation Plan, the petition must indicate
				whether the requirements of Section 110(a) of the CAA (
				42
				USC 7410(a) ) and 40 CFR 51
				will be satisfied.
b) All petitions
				for variances from Title III of the Act, from 35 Ill. Adm. Code. Subtitle C,
				Ch. I "Water Pollution", or from water pollution related requirements of any
				other Title of the Act or Chapter of the Board's regulations, must indicate
				whether the Board may grant the relief consistent with the Clean Water Act
				(CWA) (
				33 USC
				1251 et seq.), USEPA effluent guidelines and
				standards and any other federal regulations adopted under the CWA ( 40 CFR 110,
				112, 117, 122, 125, 129, 136, 401 through 471, and 503 ), and any area-wide
				waste treatment management plan approved by the Administrator of USEPA under
				Section 208 of the CWA (
				33 USC
				1288 ).
c) All petitions for variances from Title IV
				of the Act or from 35 Ill. Adm. Code. Subtitle F, Ch. I "Public Water
				Supplies", and to the extent applicable, from Title V of the Act or from 35
				Ill. Adm. Code. Subtitle D, Ch. I "Mine Related Water Pollution", must indicate
				whether the Board may grant the relief consistent with the Safe Drinking Water
				Act (
				42 USC
				300(f) et seq.), the federal
				National Primary Drinking Water Regulations ( 40 CFR 141 ), the UIC Program (
				42 USC
				300h et seq.) and the federal regulations
				adopted under the UIC Program ( 40 CFR 144 through 148 ).
d) All petitions for variances from Title V
				of the Act or from 35 Ill. Adm. Code. Subtitle G, Ch. I "Waste Disposal" must
				indicate whether the Board may grant the requested relief consistent with RCRA
				(
				42 USC
				6902 et seq.) and the federal regulations
				adopted under RCRA ( 40 CFR 256 through 258, 260 through 268, 273, 279, and 280
				).
e) For all petitions for RCRA
				variances, petitioner must consult the federal RCRA rules that contain
				procedures referred to as "Variances" ( 40 CFR 260 ). The petitioner must
				consult the comparable Board regulations to decide whether the variance
				procedures of this Part need to be followed.