Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 2175 - ORGANIZATION, PUBLIC INFORMATION, AND TYPES OF PROCEEDINGS › Subpart F - ADJUDICATORY PROCEEDINGS › Section 2175.600 - Adjudicatory Proceedings

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Board
				is authorized to hear the following types of adjudicatory cases (See 35 Ill.
				Adm. Code 101-130 for procedural rules governing the processing of these
				cases):
1) Enforcement Action. The Illinois
				Attorney General, any State's Attorney, or any person may initiate an
				enforcement action by filing a complaint under Section 31 of the Act
				[415 ILCS
				5/31 ]. (See 35 Ill. Adm. Code 103.)
2) Permit Appeal. Any person who, under
				Section 39 of the Act [415
				ILCS 5/39 ], has been denied a permit by the Agency,
				or issued a permit by the Agency with one or more conditions to which that
				person objects, may file a petition with the Board for review of the Agency's
				action. If the Agency grants a RCRA permit for a hazardous waste disposal site
				or grants or denies a National Pollutant Discharge Elimination System (NPDES)
				permit, certain third parties may petition the Board for a hearing to contest
				the decision of the Agency [415 ILCS
				5/40(b), (e)(1) ]. (See 35 Ill. Adm.
				Code 105.)
3) Pollution Control
				Facility Siting Review. An applicant for local siting approval of a pollution
				control facility who has been denied this approval or granted conditional
				approval by a county board or the governing body of a municipality may contest
				that decision by filing a petition for hearing under Section 40.1(a) of the Act
				[415 ILCS
				5/40.1(a) ]. A third party who
				participated in the public hearing conducted by a county board or the governing
				body of a municipality may contest a grant of local siting approval by filing a
				petition for hearing under Section 40.1(b) of the Act [415 ILCS
				5/40.1(b) ]. (See 35 Ill. Adm. Code
				107.)
4) Variances/Adjusted
				Standards. Any person adversely affected by a Board rule or order may file a
				petition for a variance under Section 37 of the Act [415
				ILCS 5/37 ] or a petition for an adjusted standard
				under Section 28.1 of the Act [415 ILCS 5/28.1 ]. (See 35 Ill.
				Adm. Code 104.)
5) Trade Secret
				Determination. Any person who is adversely affected by a trade secret
				determination made by the Agency or the Department may contest that
				determination before the Board. (See 35 Ill. Adm. Code 130.)
6) Appeal of Office of the State Fire Marshal
				(OSFM) UST Fund Eligibility or Deductibility Determination. Owners or operators
				of USTs who have been denied eligibility by the OSFM to access the UST
				reimbursement fund, or who disagree with an OSFM determination of the
				applicable deductible for UST Fund reimbursement, may petition for review under
				Section 57.9(c) of the Act [415
				ILCS 5/57.9(c) ]. (See 35 Ill. Adm.
				Code 105.)
7) Appeal of Agency
				Decisions Regarding UST Program. Owners or operators of USTs who have been
				denied requested UST Fund reimbursement or UST cleanup approvals by the Agency
				may petition for review under Section 40 of the Act [415 ILCS
				5/40 ]. (See 35 Ill. Adm. Code 105.)
8) Appeal of Agency Decisions Regarding
				Drycleaner Environmental Response Trust Fund. Under the Drycleaner Response
				Trust Fund Act, decisions of the Agency may be reviewed by the Board under
				Section 40 of the Act [415 ILCS
				5/40 ].
9)
				Tax Certifications. Under the Property Tax Code, the Board may issue a
				certificate finding that a facility is a "pollution control facility" or that a
				device is a "low sulfur dioxide emission coal fueled device" for property tax
				purposes [35 ILCS
				200/11-10, 11 -40]. A person seeking a tax certificate
				must first submit an application to the Agency. The Agency is then required to
				file with the Board a recommendation on whether the Board should issue the
				certificate. An applicant who wishes to contest an Agency recommendation that
				the Board deny tax certification may file a petition with the Board. (See 35
				Ill. Adm. Code 125.)
10)
				Administrative Citations. The Agency or a unit of local government delegated
				authority by the Agency may issue administrative citations for violations of
				Sections 21(o), (p), 22.51, 22.51a, 31.1(c), 42(b)(4), 42(b)(4-5), 55(k) of the
				Act [415
				ILCS 5/21(o), (p), 22.51, 22.51a,
				31.1(c), 42(b)(4), 42(b)(4-5), 55(k)]. These citations are enforceable by
				filing copies with the Board under Section 31.1 of the Act [415 ILCS
				5/31.1 ]. The respondent named in the administrative
				citation may file a petition for review with the Board. (See 35 Ill. Adm. Code
				108.)
11) Water Well Setback
				Exceptions. A water well owner may petition the Board for an exception from the
				water well setback requirements of the Act by filing a petition with the Board
				under Section
				14.2
				of the Act [415
				ILCS 5/14.2.]. (See 35 Ill. Adm. Code 106.)
12) Other. Any other proceedings authorized
				by the Act or the Board's procedural rules may be brought before the Board
				under statutory authority and any Board regulations adopted
				thereunder.