reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 168 - PROCEDURES FOR CONTESTED CASE HEARINGS › Subpart B - PROCEDURES FOR CONTESTED CASE HEARINGS › Section 168.280 - Official Notice

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Official notice may be taken of matters of which the circuit courts of Illinois
				may take judicial notice.
b)
				Official notice may also be taken of generally recognized technical or
				scientific facts whithin the agency's specialized knowledge.
c) Parties shall be notified either before or
				during the hearing or by reference in preliminary reports or otherwise, of the
				material officially noticed, including any staff memoranda or data, and they
				shall be afforded an opportunity to contest the material so noticed.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 168 - PROCEDURES FOR CONTESTED CASE HEARINGS › Subpart B - PROCEDURES FOR CONTESTED CASE HEARINGS › Section 168.285 - Records in Other Proceedings

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Hearing Officer shall order the
				record, or any part thereof, of any relevant proceeding before the Agency or
				governmental department or subdivision, incorporated into the record of the
				present proceeding.
b) When a party
				or intervenor desires to offer in evidence any portion of the record in any
				other proceeding, such portion shall be offered in the form of an
				exhibit.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 168 - PROCEDURES FOR CONTESTED CASE HEARINGS › Subpart B - PROCEDURES FOR CONTESTED CASE HEARINGS › Section 168.290 - Documentary Evidence

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Relevant scientific or technical articles, treatises, or materials may be
				introduced into evidence by stipulation of the parties, or subject to
				qualification of the author and subject to refutation or disputation through
				any introduction of comparable documentary evidence or expert
				testimony.
b) Any writing or record
				made as a memorandum of any act, transaction, occurrence or event shall be
				admissible as evidence of the act, transaction, occurrence or event provided it
				was made in the regular course of the business to make such a memorandum or
				record at the time of such an act, transaction, occurrence or event or within a
				reasonable time thereafter.
c) All
				other circumstances of the making of the writing or record, including lack of
				personal knowledge by the maker, may be shown to affect its weight but shall
				not affect its admissibility.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 168 - PROCEDURES FOR CONTESTED CASE HEARINGS › Subpart B - PROCEDURES FOR CONTESTED CASE HEARINGS › Section 168.295 - Exhibits

Current through Register Vol. 48, No. 28, July 12, 2024
a) Proposed
				exhibits shall be reviewed or exchanged at the pre-hearing conference or
				otherwise prior to the hearing if the Hearing Officer so requires in order to
				expedite the proceeding. The Hearing Officer may deny admission as evidence of
				proposed exhibits not reviewed or exchanged if no prehearing conference was
				held or if it is shown that the exhibits were out of the party's custody or did
				not exist at the time of the original request.
b) The exhibits shall be marked for
				identification in accordance with the following standard markings:
1) C = complainant;
2) R = respondent;
3) I = intervenor
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 168 - PROCEDURES FOR CONTESTED CASE HEARINGS › Subpart B - PROCEDURES FOR CONTESTED CASE HEARINGS › Section 168.300 - Consolidation

Current through Register Vol. 48, No. 28, July 12, 2024
At any time after a contested case has been initiated, any
				  party or the Hearing Officer may move to consolidate other contested cases
				  involving common questions of fact or law between identical parties or between
				  any party to the contested case and the Agency. Such motion shall be granted if
				  the Hearing Officer determines that to do so would be in the best interest of
				  the parties, and would result in the expeditious and complete determination of
				  the issues.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 168 - PROCEDURES FOR CONTESTED CASE HEARINGS › Subpart B - PROCEDURES FOR CONTESTED CASE HEARINGS › Section 168.305 - Transcript of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Within 21 days of the completion of the hearing the complainant at his/her own
				cost shall furnish the Agency a legible copy of a complete stenographic
				transcript of the hearing. Any unreasonable delay in the filing of the
				transcript may subject the petitioner to sanctions in accordance with Section
				168.400.
b) After the transcript is filed, the Hearing
				Officer shall for ten (10) days after the date of filing entertain requests for
				corrections and enter corrections either on the record of a subsequent hearing
				or in an Order.
c) Any person may
				inspect and copy the hearing record pursuant to Illinois Environmental
				Protection Agency requirements for Public Inspection of Agency Documents filed
				with the Secretary of State's office on June 2, 1978.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 168 - PROCEDURES FOR CONTESTED CASE HEARINGS › Subpart B - PROCEDURES FOR CONTESTED CASE HEARINGS › Section 168.310 - Proposed Findings of Fact and Conclusions of Law

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the Hearing Officer finds it necessary
				in order to render a decision, the Hearing Officer shall require and establish
				a schedule for the filing of briefs, proposed findings of fact and conclusions
				of law.
b) All proposed findings of
				fact and conclusions of law shall:
1) Be in
				writing and served upon all other parties;
2) Be accompanied by a supporting statement
				or brief; and
3) State specifically
				all matters officially noticed.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 168 - PROCEDURES FOR CONTESTED CASE HEARINGS › Subpart B - PROCEDURES FOR CONTESTED CASE HEARINGS › Section 168.315 - Proposal for Decision

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				After the hearing is concluded, the Hearing Officer or designated Agency
				employee who has read the record shall file with the Director or the Director's
				designee and serve upon the parties a proposal for decision based exclusively
				on:
1) Evidence and arguments presented
				during the course of the hearing and made a part of the record;
2) The Agency's experience, technical
				competence and specialized knowledge shall be utilized in the evaluation of the
				evidence if presented during the course of the hearing and made part of the
				record, and the Hearing Officer determines that such evidence is relevant,
				however, it must be stated in the proposal for decision where in relation to
				the evidence this has been used;
3)
				Stipulations of fact; and
4)
				Matters officially noticed.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 168 - PROCEDURES FOR CONTESTED CASE HEARINGS › Subpart B - PROCEDURES FOR CONTESTED CASE HEARINGS › Section 168.320 - Contested Case Record

Current through Register Vol. 48, No. 28, July 12, 2024
The record in a contested case shall include:
a) All pleadings (including all notices and
				responses thereto), motions, and rulings;
b) The hearing record;
c) Evidence received;
d) A statement of matters officially noticed
				pursuant to Section
				168.280;
e) Offers of proof, objections and rulings
				thereon;
f) Proposed findings and
				exceptions;
g) Any decision,
				opinion or report by the Hearing Officer;
h) All staff memoranda or data submitted to
				the Hearing Officer or members of the Agency in connection with their
				consideration of the case;
i) Any
				stipulations, settlement agreements, or consent orders entered into by any of
				the parties prior to the hearing;
j) Any communication prohibited by Section
				10-60 of the APA but such communications shall not form the basis for any
				finding of fact;
k) Proposed
				finding of fact and conclusion of law; and
l) Proposal for decision.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 168 - PROCEDURES FOR CONTESTED CASE HEARINGS › Subpart B - PROCEDURES FOR CONTESTED CASE HEARINGS › Section 168.325 - Decision in Contested Case

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Within 21 days after service of the proposal for decision the parties may file
				with the Director exceptions, and proposed findings of fact, and present a
				brief to the Director, and thereafter the Director shall issue a Final Decision
				or Order.
b) The Director's final
				decision or order adverse to a party in a contested case shall be in writing or
				stated in the record;
1) The final decision
				shall include findings of fact and conclusions of law, separately
				stated;
2) Findings of fact, if set
				forth in statutory language, shall be accompanied by a concise and explicit
				statement of the underlying facts supporting the findings.
3) If, in accordance with agency rules, a
				party submitted proposed findings of fact, the decision shall include a ruling
				upon each proposed finding.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 168 - PROCEDURES FOR CONTESTED CASE HEARINGS › Subpart C - MISCELLANEOUS PROVISIONS › Section 168.400 - Sanctions

Current through Register Vol. 48, No. 28, July 12, 2024
a) If a party or
				any person refuses to comply with any provision of these rules or fails to
				comply with any order entered under these rules, the Hearing Officer shall
				enter such orders as are just including, among others, the following:
1) That further proceedings be stayed until
				there is compliance with the order or rules;
2) That the offending party be debarred from
				filing any other pleading relating to any issue to which the refusal or failure
				relates;
3) That the offending
				party be debarred from maintaining any particular claim or defense relating to
				that issue;
4) That a witness be
				barred from testifying concerning that issue; and
5) That any portion of the offending party's
				pleadings relating to that issue be stricken.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 168 - PROCEDURES FOR CONTESTED CASE HEARINGS › Subpart C - MISCELLANEOUS PROVISIONS › Section 168.405 - Ex Parte Communication

Current through Register Vol. 48, No. 28, July 12, 2024
The Hearing Officer, after notice of a contested case
				  hearing, shall not communicate directly or indirectly in connection with any
				  issue of fact or any other issue with any person or party, except upon notice
				  and opportunity for all parties to participate.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 168 - PROCEDURES FOR CONTESTED CASE HEARINGS › Subpart C - MISCELLANEOUS PROVISIONS › Section 168.410 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
If any portion 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 35 - ENVIRONMENTAL PROTECTION › Part 170 - PROCEDURES FOR COORDINATED PERMIT REVIEW › Section 170.101 - Introduction

Current through Register Vol. 48, No. 28, July 12, 2024
a) Pursuant to
			 Section 39 of the Environmental Protection Act (Act) (Ill. Rev. Stat. 1981, ch.
			 1111/2, par. 1039), the Environmental Protection Agency (Agency) issues permits
			 and is authorized to adopt procedures as are necessary to carry out its permit
			 duties.
b) The Pollution Control
			 Board (Board) requires permits for the construction/development of facilities
			 which may cause or are designed to control pollution of the air, land or waters
			 of the State and of public water supplies.
c) The separate permit programs, which are
			 administered by the Agency's Divisions of Air Pollution Control, Water
			 Pollution Control, Land/Noise Pollution Control and Public Water Supplies,
			 address different but sometime overlapping concerns. In regard to any one
			 project, the applicant may be subject to varying permit procedures, conflicting
			 permit conditions, requests for duplicate information, and several permit
			 reviews which may cause misunderstandings as to which Division is regulating
			 various aspects of the project. To avoid such problems, as far as possible, the
			 Agency has established a Coordinated Permit Review and promulgates these
			 procedures for implementing the Coordinated Permit Review process.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 170 - PROCEDURES FOR COORDINATED PERMIT REVIEW › Section 170.102 - Definition

Current through Register Vol. 48, No. 28, July 12, 2024
The Coordinated Permit Review is the procedure the Agency shall
				use to conduct a concurrent, multimedia review of projects which require Agency
				permits. As used herein, multimedia refers to the air, waters (including public
				water supplies) and land of the State as they are subject to the jurisdiction
				of the corresponding pollution control Divisions of the
				Agency.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 170 - PROCEDURES FOR COORDINATED PERMIT REVIEW › Section 170.103 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The Coordinated Permit Review process is intended to simplify
				and reduce the burden of permit requirements imposed on the applicant; to
				enable the Agency to perform a comprehensive review in order to minimize the
				adverse impact on the environment as a result of the activities for which
				authorization is being sought; to expedite the steps of the permit process and,
				consequently, to conserve human and economic resources.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 170 - PROCEDURES FOR COORDINATED PERMIT REVIEW › Section 170.104 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) Coordinated
			 Permit Review shall be used in evaluating applications for permits to construct
			 or develop projects that are significant with respect to two or more Agency
			 Divisions. This procedure shall not apply to operating permits.
b) For the purposes of this procedure only, a
			 significant project for the various Agency Divisions and media will be as
			 defined below.
1) For purposes of the Division
			 of Air Pollution Control, a significant project is: a new facility; a
			 modification, replacement or reconstruction of an existing facility; or the
			 addition of controls to an existing facility for which the uncontrolled
			 emissions:
A) Will be 100 or more tons per
			 year for any contaminant, or
B)
			 Will include any hazardous or toxic pollutants.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 170 - PROCEDURES FOR COORDINATED PERMIT REVIEW › Section 170.110 - Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
The procedures for implementing the Agency's Coordinated Permit
				Review include five steps of which only Steps 1 and 2 are optional. These steps
				are detailed in the following Sections
				170.111
				through
				170.116.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 170 - PROCEDURES FOR COORDINATED PERMIT REVIEW › Section 170.111 - Step 1 - Discussion of Overall Project (Optional)

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon initial contact regarding a project
			 to which these procedures may be applicable, the Division will immediately
			 convene a Coordinated Permit Review Group. This Group will consist of
			 representatives of each Division.
b) The coordinated Permit Review Group will
			 meet with the applicant and discuss all phases of the conceptual plans, project
			 design and development and will review Divisional requirements. The Group and
			 applicant will discuss inter-Divisional coordination as applicable to the
			 project. At this time, details of the Coordinated Permit Review requirements
			 and procedures will be explained to the applicant.
c) The intended outcome of the meeting in (b)
			 above will be a consensus regarding general project feasibility with respect to
			 environmental concerns and the establishment of a Lead Division. Each Division
			 affected will identify a Divisional Coordinator for the project and the Lead
			 Division Coordinator shall be the Project Coordinator for the duration of the
			 review process. The Project Coordinator will be the contact person between the
			 Agency and the applicant.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 170 - PROCEDURES FOR COORDINATED PERMIT REVIEW › Section 170.112 - Step 2 - Discussion Specific to Each Division (Optional)

Current through Register Vol. 48, No. 28, July 12, 2024
a) After initial
			 contact with the Agency, the applicant may engage in detailed discussions with
			 each affected Division. The applicant will contact the Project Coordinator who
			 will arrange meetings between the applicant and one or more Divisional
			 Coordinators.
b) The applicant will
			 be provided with information necessary to obtain Agency permits, including
			 relevant application forms, that will enable him to proceed with preliminary
			 project design. Specific Divisional requirements will be discussed at this
			 time.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 170 - PROCEDURES FOR COORDINATED PERMIT REVIEW › Section 170.113 - Step 3 - Submission of Project Plan

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each applicant shall submit an overall
			 project plan for each medium. The project plan is a preliminary engineering
			 document which defines the scope of the total project and generally assembles
			 basic information including, for example, the following: preliminary project
			 layout; assumptions and design criteria; a discussion of how environmental
			 regulations and requirements will be met, including coordination of multimedia
			 interrelationships; and the project milestones. This plan, which provides the
			 continuing technical basis for the detailed design and preparation of final
			 engineering plans and specifications, shall contain, as a minimum, a discussion
			 of:
1) The interrelationships among the
			 various aspects of environmental control;
2) Selected controls;
3) Preliminary design considerations for each
			 medium, and for each phase if construction or development will be phased;
			 and
4) The timetable for project
			 implementation for each medium.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 170 - PROCEDURES FOR COORDINATED PERMIT REVIEW › Section 170.114 - Step 4 - Submission of Total Project Application

Current through Register Vol. 48, No. 28, July 12, 2024
The permit application shall incorporate each medium and phase
				of the overall project. If a series of applications is contemplated because of
				the phased nature of a project, where final design commitments may not be
				feasible for the latter phases at the same time that a permit application must
				be made for the initial phases, the applications may be staggered, provided
				that the project plan has adequately addressed the preliminary design
				considerations for each medium and phase.
a) Upon receipt of the project permit
			 application, the Project Coordinator will transmit appropriate sections of the
			 application to specific Divisions.
b) If one Division's application is
			 incomplete then the total project application shall be deemed incomplete.
			 However, the technical review of the application will continue for complete
			 sections of the application.
c)
			 After review by each Division, denials in the form of notices of
			 incompleteness, if appropriate, shall be prepared and transmitted to the
			 applicant within 30 days.
d) All
			 resubmissions of applications will be handled in the same manner as the initial
			 submissions.
e) During the Agency
			 review period all applicant-Agency interaction will be through the Project
			 Coordinator.
f) After completion of
			 review of the total project application, if one Division denies its section of
			 the application, then the total application will be denied.
g) When an application is denied, a meeting
			 may be scheduled between the applicant and the Agency to discuss the
			 denial.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 170 - PROCEDURES FOR COORDINATED PERMIT REVIEW › Section 170.116 - Supplemental Permits

Current through Register Vol. 48, No. 28, July 12, 2024
Requests for supplemental permits to modify or revise a permit
				previously issued under this procedure shall be handled in the same manner as
				the initial permit application. However, the procedure may be initiated at any
				step up to Step 4, depending on the complexity of the modification or
				revision.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 170 - PROCEDURES FOR COORDINATED PERMIT REVIEW › Section 170.120 - Public Participation

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Public participation in projects to which these procedures are applicable shall
			 conform to Federal and State laws and regulations and to existing Agency
			 procedures.
b) Opportunities for
			 public participation shall include, but not be limited to, the following:
1) The Agency shall give notice of the
			 receipt of a request for a permit for a refuse disposal facility to those
			 persons identified in Section 39 of the Act.
2) The Agency shall give joint notice of
			 intent to give preliminary approval to permit applications which are reviewed
			 under Section
			 170.114
			 (Step 4) of these procedures.
3) A
			 public hearing shall be held when Federal or State laws and regulations or
			 existing Agency procedures require a hearing.
4) All aspects of the project for which
			 permits are required are proper subject matter for hearings under these
			 procedures.
5) The Agency shall
			 consider all comments in the hearing record when deciding to issue a permit or
			 to deny the permit applications, and when placing conditions upon permits which
			 are issued. The Agency shall prepare a general summary of comments and
			 testimony in the hearing record and shall respond to the questions and
			 comments, either individually or by category. This summary shall be available
			 to the public on request.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 170 - PROCEDURES FOR COORDINATED PERMIT REVIEW › Appendix A - Rule into Section Table

Current through Register Vol. 48, No. 28, July 12, 2024
Rule
Section
I
170.101
II
170.102
170.103
170.104
III
170.110
170.111
170.112
170.113
170.114
170.115
170.116
IV
170.120
Added in Codification
Appendix A
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 174 - DELEGATION OF CONSTRUCTION AND OPERATING PERMIT AUTHORITY FOR SANITARY AND COMBINED SEWERS AND WATER MAIN EXTENSIONS › Subpart A - INTRODUCTION › Section 174.101 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
These rules set forward the requirements and procedures for
				  the delegation of Agency authority to grant construction and operating permits
				  for sanitary and combined sewers, sewer system lift stations, and water main
				  extensions.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 174 - DELEGATION OF CONSTRUCTION AND OPERATING PERMIT AUTHORITY FOR SANITARY AND COMBINED SEWERS AND WATER MAIN EXTENSIONS › Subpart A - INTRODUCTION › Section 174.102 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
All definitions in 35 Ill. Adm. Code 301 and 601 apply to
				  these rules.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 174 - DELEGATION OF CONSTRUCTION AND OPERATING PERMIT AUTHORITY FOR SANITARY AND COMBINED SEWERS AND WATER MAIN EXTENSIONS › Subpart B - STANDARD CONDITIONS FOR SANITARY AND COMBINED SEWER PERMIT DELEGATION › Section 174.201 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency may
				enter into an agreement to delegate authority to issue permits for sewers
				required under 35 Ill. Adm. Code
				309.202,
				309.203,
				and
				309.205
				with any unit of local government which holds an National Pollution Discharge
				Emission System (NPDES) permit to operate one or more wastewater treatment
				plants provided that the entity submits an application which meets the
				requirements of Section
				174.401.
b) No delegation agreement shall include the
				power to issue the following:
1) "construct
				only" permits as defined by the Agency's Guidelines for Notification of
				Restricted Status or Critical Review Pursuant to the Requirements of Rule 604
				of Chapter 3, WPC-4.
2) permits for
				the construction of facilities funded in whole or in part by the Illinois Anti
				Pollution Bond Act, (Ill. Rev. Stat. 1981, ch. 127 par. 451 et. seq.) or under
				Title 2 of the Clean Water Act, (
				33 U.S.C.
				1251 et seq. (Supp 1980-1981)).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 174 - DELEGATION OF CONSTRUCTION AND OPERATING PERMIT AUTHORITY FOR SANITARY AND COMBINED SEWERS AND WATER MAIN EXTENSIONS › Subpart B - STANDARD CONDITIONS FOR SANITARY AND COMBINED SEWER PERMIT DELEGATION › Section 174.202 - Technical Staff

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				applicant shall employ a qualified technical staff which assures the permit
				application reviews are properly conducted and permits are properly
				issued.
b) All technical staff
				involved in the review of applications and issuance of permits shall be
				employed full time by the applicant. Firms on retainer shall not be considered
				to be employed full time.
c) There
				shall be one person from the technical staff that is in responsible charge of
				the review of applications and issuance of permits. This person shall be a
				registered Professional Engineer of Illinois and shall have at least two years
				of experience in the preparation or approval of plan documents for sanitary or
				combined sewers in Illinois.
d) If
				the unit of local government prepares its own plan documents for constructing
				sewer extensions or lift stations, there shall be one person designated as
				being in responsible charge of the preparation of those documents. This person
				shall be a registered Professional Engineer of Illinois and shall have at least
				two years experience in the preparation and approval of plan documents for
				sanitary and combined sewers in Illinois. This person shall not be the same
				person who is in responsible charge of the issuance of permits.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 174 - DELEGATION OF CONSTRUCTION AND OPERATING PERMIT AUTHORITY FOR SANITARY AND COMBINED SEWERS AND WATER MAIN EXTENSIONS › Subpart B - STANDARD CONDITIONS FOR SANITARY AND COMBINED SEWER PERMIT DELEGATION › Section 174.203 - Required Documents

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				applicant shall maintain the following documents and make them available for
				Agency inspection at reasonable times in accordance with Ill. Rev. Stat. 1981,
				Ch. 1111/2, par. 1004(d).
b) The
				applicant shall adopt by ordinance and maintain standard specifications for
				material and workmanship for the design and construction of sewer lines, mains
				and appurtenances. These standards shall be at least as stringent as Agency
				standards which have been promulgated in the Agency's Recommended Standards for
				Sewage Works and Design Criteria for Pressure Sewer Systems, 35 Ill. Adm. Code
				374.
c) The applicant must maintain
				an atlas or other documentation of the sewage collection and treatment system
				owned and operated by the applicant which shows the items listed in Subsection
				(c)(1).
1) This shall show all known parts of
				the system including but not limited to:
A)
				the location and names of all streets, stream crossings and named water
				courses;
B) public water supply
				wells, treatment works, intake structures and storage tanks;
C) sanitary sewers, combined sewers and storm
				sewers if tributary to combined sewers, pumping stations, and forcemains,
				indicating size of sanitary and combined sewers, trunk sewers and interceptor
				sewers and capacity of pumping stations;
D) on system overflow points;
E) sewage works, lagoons and on-system excess
				flow treatment units;
F) subsurface
				disposal fields;
G) flood plains
				and storm water retention basins.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 174 - DELEGATION OF CONSTRUCTION AND OPERATING PERMIT AUTHORITY FOR SANITARY AND COMBINED SEWERS AND WATER MAIN EXTENSIONS › Subpart B - STANDARD CONDITIONS FOR SANITARY AND COMBINED SEWER PERMIT DELEGATION › Section 174.204 - Permit Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
A unit of local government to which permitting authority is
				  delegated shall not grant permits under authority delegated by this agreement
				  unless the following conditions have been met:
a) Any permit issued shall be consistent with
				35 Ill. Adm. Code
				309.202,
				309.203
				and
				309.205.
b) The design construction and installation
				of all sanitary combined sewers covered by any permit issued shall be
				consistent with those same Rules, with the current edition of the Illinois
				Recommended Standards for Sewage Works, Standard Specifications for Water and
				Sewer Main Construction, local standards and specifications and with the Design
				Criteria for Pressure Sewer Systems, 35 Ill. Adm. Code 374.
c) No permit shall be issued unless there is
				sufficient capacity in the treatment and collection system to receive the flow.
				The capacity shall be as determined by the Agency in accordance with
				WPC-4.
d) No permit shall be issued
				for sanitary or combined sewers which would be constructed or would serve an
				area outside the approved Facilities Planning Area for the sewage collection
				system to which they would directly discharge or would otherwise conflict with
				a plan approved under Section 208(b) of the Clean Water Act.
e) Trustees of a land trust who apply for a
				permit relating to the land which is the subject of the trust, must identify
				and define the interest of each beneficiary as required by "AN ACT to require
				disclosure, under certification of perjury, of all beneficial interests in real
				property held in a land trust in certain cases", (Ill. Rev. Stat. 1981 ch. 148,
				par. 72).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 174 - DELEGATION OF CONSTRUCTION AND OPERATING PERMIT AUTHORITY FOR SANITARY AND COMBINED SEWERS AND WATER MAIN EXTENSIONS › Subpart B - STANDARD CONDITIONS FOR SANITARY AND COMBINED SEWER PERMIT DELEGATION › Section 174.205 - Identification

Current through Register Vol. 48, No. 28, July 12, 2024
For each construction and operating permit issued the unit of
				  local government shall identify the project by a unique log number and permit
				  number in a manner designated by the Agency as compatible with the Agency's
				  permitting system.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 174 - DELEGATION OF CONSTRUCTION AND OPERATING PERMIT AUTHORITY FOR SANITARY AND COMBINED SEWERS AND WATER MAIN EXTENSIONS › Subpart B - STANDARD CONDITIONS FOR SANITARY AND COMBINED SEWER PERMIT DELEGATION › Section 174.206 - Notice of Permits

Current through Register Vol. 48, No. 28, July 12, 2024
The unit of local government shall notify the Agency monthly
				  of all permit applications under review and the issuance or denial of all
				  permits by submitting the information on a form approved by the Agency
				  including the log number, the date of final action, the name(s) of permittee(s)
				  and the permit number and by submitting copies of all permits issued and
				  denials.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 174 - DELEGATION OF CONSTRUCTION AND OPERATING PERMIT AUTHORITY FOR SANITARY AND COMBINED SEWERS AND WATER MAIN EXTENSIONS › Subpart B - STANDARD CONDITIONS FOR SANITARY AND COMBINED SEWER PERMIT DELEGATION › Section 174.207 - Permit Forms

Current through Register Vol. 48, No. 28, July 12, 2024
Permits shall be written on forms approved by the
				  Agency.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 174 - DELEGATION OF CONSTRUCTION AND OPERATING PERMIT AUTHORITY FOR SANITARY AND COMBINED SEWERS AND WATER MAIN EXTENSIONS › Subpart B - STANDARD CONDITIONS FOR SANITARY AND COMBINED SEWER PERMIT DELEGATION › Section 174.208 - Permit for Ownership and Operation

Current through Register Vol. 48, No. 28, July 12, 2024
a) Units of local government shall be deemed
				to have a permit for ownership and operation of new construction providing the
				following requirements are met:
1) Downstream
				facilities which provide sufficient capacity as determined by the Agency in
				accordance with WPC-4 have been constructed and are operational including the
				treatment plant, and
2) All
				easements and dedications have been secured which are necessary to provide the
				local unit of government permanent access to the permitted
				facilities.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 174 - DELEGATION OF CONSTRUCTION AND OPERATING PERMIT AUTHORITY FOR SANITARY AND COMBINED SEWERS AND WATER MAIN EXTENSIONS › Subpart B - STANDARD CONDITIONS FOR SANITARY AND COMBINED SEWER PERMIT DELEGATION › Section 174.209 - Training

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency may provide initial assistance, training, and
				  consultation to employees of the unit of local government in organizing and
				  managing the permit system depending upon whether such assistance is requested
				  and upon the availability of Agency staff. Any training program shall be
				  outlined in the agreement.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 174 - DELEGATION OF CONSTRUCTION AND OPERATING PERMIT AUTHORITY FOR SANITARY AND COMBINED SEWERS AND WATER MAIN EXTENSIONS › Subpart C - STANDARD CONDITIONS FOR WATER MAIN EXTENSION PERMIT DELEGATION › Section 174.301 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency may
				enter into an agreement to delegate authority to issue permits required under
				35 Ill. Adm. Code
				602.101 and
				602.102
				for water main extensions with any unit of local government which is the owner
				of official custodian of a public water supply, provided that the entity
				submits an application which meets the requirements of Section
				174.401.
b) The requirements that follow shall
				constitute the minimum standard conditions of such an agreement. The Agency and
				the local unit of government may agree to additional conditions.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 174 - DELEGATION OF CONSTRUCTION AND OPERATING PERMIT AUTHORITY FOR SANITARY AND COMBINED SEWERS AND WATER MAIN EXTENSIONS › Subpart C - STANDARD CONDITIONS FOR WATER MAIN EXTENSION PERMIT DELEGATION › Section 174.302 - Technical Staff

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				applicant shall employ a qualified technical staff which assures that permit
				application reviews are properly conducted and that permits are properly
				issued.
b) Except as provided
				otherwise in subsection (d):
1) All technical
				staff involved in the review of applications and issuance of permits must be
				employed full time by the unit of local government.
2) Consultants on retainer will not be
				considered to be employed full time.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 174 - DELEGATION OF CONSTRUCTION AND OPERATING PERMIT AUTHORITY FOR SANITARY AND COMBINED SEWERS AND WATER MAIN EXTENSIONS › Subpart C - STANDARD CONDITIONS FOR WATER MAIN EXTENSION PERMIT DELEGATION › Section 174.303 - Required Documents

Current through Register Vol. 48, No. 28, July 12, 2024
The applicant shall maintain the following documents and make
				  them available for Agency inspection at reasonable times in accordance with
				  Section 4(d) of the Act.
a) The
				applicant shall maintain standard specifications for water main construction
				which require that all design, construction and installation shall be in
				accordance with 35 Ill. Adm. Code: Subtitle F, Chapters I and II.
b) The applicant shall maintain an atlas of
				the distribution system.
1) This shall show
				all parts of the system, including but not limited to:
A) the location and names of all streets and
				bridges, culverts and water courses;
B) the location and size of water mains,
				valves, hydrants and other appurtenances;
C) wells and intake structures;
D) pump stations and water treatment
				plants;
E) any conditions or
				installations which may deleteriously affect the public water supply
				distribution system.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 174 - DELEGATION OF CONSTRUCTION AND OPERATING PERMIT AUTHORITY FOR SANITARY AND COMBINED SEWERS AND WATER MAIN EXTENSIONS › Subpart C - STANDARD CONDITIONS FOR WATER MAIN EXTENSION PERMIT DELEGATION › Section 174.304 - Permit Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
A local unit of government to which permit authority is
				  delegated shall not grant permits unless the following conditions have all been
				  met:
a) Any permit issued must be
				consistent with Section 39 of the Act, 35 Ill. Adm. Code
				602.101,
				602.102
				and 35 Ill. Adm. Code: Subtitle F, Chapter II.
b) Plans prepared for each water main
				extension project shall bear the professional seal of the person responsible
				for preparation of the plan documents.
c) Trustees of a land trust who apply for a
				permit relating to the land which is the subject of the trust, must identify
				and define the interest of each beneficiary as required by Section 2 of "An Act
				to require disclosure, under certification of perjury, of all beneficial
				interests in real property held in a land trust in certain cases", (Ill. Rev.
				Stat. 1987 ch. 148, par. 72).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 174 - DELEGATION OF CONSTRUCTION AND OPERATING PERMIT AUTHORITY FOR SANITARY AND COMBINED SEWERS AND WATER MAIN EXTENSIONS › Subpart C - STANDARD CONDITIONS FOR WATER MAIN EXTENSION PERMIT DELEGATION › Section 174.305 - Restricted Status or Critical Review

Current through Register Vol. 48, No. 28, July 12, 2024
Public water supplies which are on the Restricted Status or
				  Critical Review List (35 Ill. Adm.
				  602.106,
				  652.401,
				  or
				  652.402
				  ) are not eligible for delegation.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 174 - DELEGATION OF CONSTRUCTION AND OPERATING PERMIT AUTHORITY FOR SANITARY AND COMBINED SEWERS AND WATER MAIN EXTENSIONS › Subpart C - STANDARD CONDITIONS FOR WATER MAIN EXTENSION PERMIT DELEGATION › Section 174.306 - Identification

Current through Register Vol. 48, No. 28, July 12, 2024
For each construction and operating permit issued, the unit
				  of local government shall identify the project by a unique project number and
				  permit number in a manner designated by the Agency as compatible with the
				  Agency's permitting system.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 174 - DELEGATION OF CONSTRUCTION AND OPERATING PERMIT AUTHORITY FOR SANITARY AND COMBINED SEWERS AND WATER MAIN EXTENSIONS › Subpart C - STANDARD CONDITIONS FOR WATER MAIN EXTENSION PERMIT DELEGATION › Section 174.307 - Permit Forms

Current through Register Vol. 48, No. 28, July 12, 2024
Permits shall be written on forms provided by the
				  Agency.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 174 - DELEGATION OF CONSTRUCTION AND OPERATING PERMIT AUTHORITY FOR SANITARY AND COMBINED SEWERS AND WATER MAIN EXTENSIONS › Subpart C - STANDARD CONDITIONS FOR WATER MAIN EXTENSION PERMIT DELEGATION › Section 174.308 - Annual Reports

Current through Register Vol. 48, No. 28, July 12, 2024
By February 1 of each year, the unit of local government
				  shall submit an annual report containing the following:
a) Preliminary plans which indicate the
				location of anticipated water main construction for the ensuing 12 months. This
				may be updated to add or delete anticipated extensions by the public water
				supply at any time;
b) Plan
				documents as described in 35 Ill. Adm. Code
				652.104,
				652.105,
				652.106,
				and
				652.107
				for all water main extensions constructed in the preceeding year along with the
				identification numbers, dates of initial operation, reports of bacteriological
				analyses, length and size of water main, and estimated population served by the
				new main;
c) Reports of
				bacteriological analysis performed according to Section
				174.309(a);
				and
d) A list of construction and
				operating permits issued.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 174 - DELEGATION OF CONSTRUCTION AND OPERATING PERMIT AUTHORITY FOR SANITARY AND COMBINED SEWERS AND WATER MAIN EXTENSIONS › Subpart C - STANDARD CONDITIONS FOR WATER MAIN EXTENSION PERMIT DELEGATION › Section 174.309 - Routine Operation

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Water samples shall be collected from the completed main in accordance with 35
				Ill. Adm. Code
				652.203.
b) If there are changes in construction from
				the preliminary plans described in Section
				174.308 the Agency
				shall be notified of those changes within 10 days after construction has
				begun.
c) If the construction shown
				in the as-built plans filed in the annual report does not conform to the
				approved specifications or 35 Ill. Adm. Code: Subtitle F, Chapters I and II,
				corrections shall be made consistent with those regulations.
d) The atlas is to be updated at least once
				every five years and a copy sent to the Permit Section Manager, Division of
				Public Water Supplies (DPWS).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 174 - DELEGATION OF CONSTRUCTION AND OPERATING PERMIT AUTHORITY FOR SANITARY AND COMBINED SEWERS AND WATER MAIN EXTENSIONS › Subpart C - STANDARD CONDITIONS FOR WATER MAIN EXTENSION PERMIT DELEGATION › Section 174.310 - Operating Permits

Current through Register Vol. 48, No. 28, July 12, 2024
Public water supplies which have been delegated construction
				  permit authority by this Agency may also issue operating permits for new
				  construction provided the following requirements are met:
a) The newly installed water main is flushed
				to remove foreign material introduced into the water main during construction
				and chlorinated for disinfection purposes;
b) Bacteriological analyses are performed on
				a sufficient number of representative water samples collected from the newly
				constructed water main to demonstrate statisfactory disinfection; and
c) The water main is not placed into
				operation until such time as the bacteriological analyses required in
				Subsection (b) indicates that the water is safe for drinking.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 174 - DELEGATION OF CONSTRUCTION AND OPERATING PERMIT AUTHORITY FOR SANITARY AND COMBINED SEWERS AND WATER MAIN EXTENSIONS › Subpart D - APPLICATION AND AGREEMENT › Section 174.401 - Application Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
In order to enter into a delegation agreement, the applicant
				  must submit a letter requesting delegation and include:
a) A statement that the technical staff is in
				the full time employ of the applicant or a copy of the contract between the
				consultant and the unit of local government pursuant to Section
				174.302(d);
b) The name, registration number, and
				qualifications of the person(s) who will be responsible for
1) the issuance of the construction and
				operating permits, and,
2) if
				applicable, the preparation of plan documents;
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 174 - DELEGATION OF CONSTRUCTION AND OPERATING PERMIT AUTHORITY FOR SANITARY AND COMBINED SEWERS AND WATER MAIN EXTENSIONS › Subpart D - APPLICATION AND AGREEMENT › Section 174.402 - Agreement

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the Agency
				decides on the basis of the application that the applicant has the capability
				to administer a permit program in that it meets the requirements of Subparts B
				or C it will agree to enter into a delegation agreement.
b) The Agency shall prepare the delegation
				agreement. This document shall include the conditions set forward in these
				rules and any other related conditions which the parties decide will further
				the agreement.
c) This document
				shall not be effective until it has been signed, first by an authorized
				representative of the unit of local government, and then by the the Director of
				the Agency.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 174 - DELEGATION OF CONSTRUCTION AND OPERATING PERMIT AUTHORITY FOR SANITARY AND COMBINED SEWERS AND WATER MAIN EXTENSIONS › Subpart D - APPLICATION AND AGREEMENT › Section 174.403 - Amendments

Current through Register Vol. 48, No. 28, July 12, 2024
a) Either the
				Agency or the unit of local government may propose an amendment to the
				agreement, which shall become effective when both parties sign a document
				embodying the amendment, or at any other later mutually agreeable
				date.
b) Changes to standard
				specifications for water main construction shall be made by amending the
				delegation agreement.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 174 - DELEGATION OF CONSTRUCTION AND OPERATING PERMIT AUTHORITY FOR SANITARY AND COMBINED SEWERS AND WATER MAIN EXTENSIONS › Subpart D - APPLICATION AND AGREEMENT › Section 174.404 - Duration

Current through Register Vol. 48, No. 28, July 12, 2024
a) The delegation
				agreement shall be valid for a period not to exceed five years.
b) If the unit of local government requests
				renewal of the agreement it must file a full application at least six months
				before the expiration date of the agreement.
c) If the Agency and the unit of local
				government decide to renew the agreement, a new document shall be executed at
				least 90 days before the expiration date of the previous agreement.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 174 - DELEGATION OF CONSTRUCTION AND OPERATING PERMIT AUTHORITY FOR SANITARY AND COMBINED SEWERS AND WATER MAIN EXTENSIONS › Subpart D - APPLICATION AND AGREEMENT › Section 174.405 - Termination

Current through Register Vol. 48, No. 28, July 12, 2024
Either party may terminate the delegation agreement by
				  providing the other party ninety days notice in writing.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 174 - DELEGATION OF CONSTRUCTION AND OPERATING PERMIT AUTHORITY FOR SANITARY AND COMBINED SEWERS AND WATER MAIN EXTENSIONS › Subpart E - AGENCY REVIEW › Section 174.501 - Agency Inspection

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency may inspect at all reasonable times in accordance
				  with Section 4(d) of the Act all permit files held by the unit of local
				  government regarding issued permits or permit applications and plan documents
				  and may inspect the permitted facilities.