reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 130 - IDENTIFICATION AND PROTECTION OF TRADE SECRETS AND OTHER NON-DISCLOSABLE INFORMATION › Subpart B - PROCEDURES FOR IDENTIFYING ARTICLES THAT REPRESENT TRADE SECRETS › Section 130.204 - Waiver of Statutory Deadlines

Current through Register Vol. 48, No. 28, July 12, 2024
a) When the owner of an article seeking trade
				secret protection submits a statement of justification under this Subpart to
				the State agency, the owner must simultaneously submit to the State agency a
				waiver of any statutory deadline for the State agency to decide the underlying
				proceeding or matter, such as a permit application.
b) The waiver under subsection (a) must
				extend the statutory deadline for a period equal to the period by which the
				decision on the underlying proceeding or matter is delayed due to any
				subsequent trade secret justification and determination process plus 45
				days.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 130 - IDENTIFICATION AND PROTECTION OF TRADE SECRETS AND OTHER NON-DISCLOSABLE INFORMATION › Subpart B - PROCEDURES FOR IDENTIFYING ARTICLES THAT REPRESENT TRADE SECRETS › Section 130.206 - Deadline for State Agency Trade Secret Determination

Current through Register Vol. 48, No. 28, July 12, 2024
a) The State agency must determine whether
				the article represents a trade secret within 45 days after the date it receives
				a complete statement of justification as prescribed in Section
				130.203.
b) The owner of an article seeking trade
				secret protection may extend the time period for the State agency to determine
				whether the article represents a trade secret by submitting to the State agency
				a waiver of the deadline for the State agency to determine whether the article
				represents a trade secret.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 130 - IDENTIFICATION AND PROTECTION OF TRADE SECRETS AND OTHER NON-DISCLOSABLE INFORMATION › Subpart B - PROCEDURES FOR IDENTIFYING ARTICLES THAT REPRESENT TRADE SECRETS › Section 130.208 - Standards for State Agency Determination

Current through Register Vol. 48, No. 28, July 12, 2024
a) An article will be determined to represent
				a trade secret if:
1) The owner has complied
				with the procedures for making a claim and justification as prescribed by this
				Subpart; and
2) The statement of
				justification demonstrates that:
A) The
				article has not been published, disseminated or otherwise become a matter of
				general public knowledge; and
B)
				The article has competitive value.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 130 - IDENTIFICATION AND PROTECTION OF TRADE SECRETS AND OTHER NON-DISCLOSABLE INFORMATION › Subpart B - PROCEDURES FOR IDENTIFYING ARTICLES THAT REPRESENT TRADE SECRETS › Section 130.210 - State Agency Actions Following a Negative Determination

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the State agency determines that an
				article, or any page or portion thereof, does not meet the standards specified
				in Section
				130.208(a)(1)
				or (2), the State agency must deny the claim
				for trade secret protection for the article or page or portion thereof, and
				must give written notice of the determination to the owner of the article and
				any requester under subsection (b).
b) Written notice that the State agency
				denied a claim for trade secret protection must be given by certified mail,
				return receipt requested, and must contain the following information:
1) A statement of the State agency's
				reasoning for denying the claim;
2)
				A notification that the State agency determination may be reviewed under
				Section
				130.214;
				and
3) A notification that the
				State agency will cease protecting the article, or the page or portion thereof,
				as a trade secret unless the State agency is served with notice of the filing
				of a petition for review of the State agency's determination within 35 days
				after service of the notice of denial on the owner and any requester.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 130 - IDENTIFICATION AND PROTECTION OF TRADE SECRETS AND OTHER NON-DISCLOSABLE INFORMATION › Subpart B - PROCEDURES FOR IDENTIFYING ARTICLES THAT REPRESENT TRADE SECRETS › Section 130.212 - State Agency Actions Following a Positive Determination

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the State agency determines that an
				article, or any page or portion thereof, meets the standards specified in
				subsection
				130.208(a)(1)
				and (2), the State agency must grant the
				claim for trade secret protection for the article or page or portion thereof,
				and must give written notice of the determination to the owner of the article
				and any requester under subsection (b).
b) Written notice of the granting of a claim
				for trade secret protection must be given by certified mail, return receipt
				requested, and must contain the following information:
1) A statement of the State agency's
				reasoning for granting the claim;
2) A notification that the State agency
				determination may be reviewed under Section
				130.214;
				and
3) A notification that the
				article, or the page or portion thereof, will be protected under Subpart C
				until the State agency receives official notification of a final order by a
				reviewing body that reverses the State agency determination and that is not
				subject to further appeal.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 130 - IDENTIFICATION AND PROTECTION OF TRADE SECRETS AND OTHER NON-DISCLOSABLE INFORMATION › Subpart B - PROCEDURES FOR IDENTIFYING ARTICLES THAT REPRESENT TRADE SECRETS › Section 130.214 - Review of State Agency Trade Secret Determination

Current through Register Vol. 48, No. 28, July 12, 2024
a) An owner or requester who is adversely
				affected by a final determination of the Agency or DNR under this Subpart may
				petition the Board to review the final determination within 35 days after
				service of the determination. Appeals to the Board will be under 35 Ill. Adm.
				Code 105. Subparts A and B.
b) An
				owner or requester who is adversely affected by a final determination of the
				Board under this Subpart may obtain judicial review from the appellate court by
				filing a petition for review under Section 41 of the Act [
				415
				ILCS 5/41 ].
c) If the State agency fails to make a final
				determination within the time limits prescribed by this Subpart, the State
				agency must continue to protect the article as set forth in Subpart C until the
				State agency issues a final determination under this Subpart.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 130 - IDENTIFICATION AND PROTECTION OF TRADE SECRETS AND OTHER NON-DISCLOSABLE INFORMATION › Subpart B - PROCEDURES FOR IDENTIFYING ARTICLES THAT REPRESENT TRADE SECRETS › Section 130.216 - Effect of a Determination of Trade Secret Status on Other State Agencies

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as
				provided in subsection (b), a claim or determination by one State agency that
				an article represents a trade secret made under this Subpart will apply to that
				same article when in the possession of either of the other two
				agencies.
b) When an article
				described in subsection (a) of this Section is the subject of a review before
				the Board under Section
				130.214(a),
				the article will be treated as a trade secret only unless or until the Board
				determines that the article does not represent a trade secret.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 130 - IDENTIFICATION AND PROTECTION OF TRADE SECRETS AND OTHER NON-DISCLOSABLE INFORMATION › Subpart B - PROCEDURES FOR IDENTIFYING ARTICLES THAT REPRESENT TRADE SECRETS › Section 130.218 - Status of Article Determined or Claimed to Represent a Trade Secret Before January 1, 2001

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any article
				that was determined by a State agency before January 1, 2001 to represent a
				trade secret in accordance with State agency procedures adopted under the IAPA
				will be deemed to have been determined to represent a trade secret for the
				purposes of this Part. The State agency must protect the article in accordance
				with Subpart C.
b) If a State
				agency possesses an article that was claimed before January 1, 2001 to
				represent a trade secret and the State agency did not determine before January
				1, 2001 whether the article represents a trade secret in accordance with
				procedures adopted under the IAPA, the article is deemed to have been claimed
				to represent a trade secret for the purposes of this Part. These claims are
				deemed pending with unlimited waivers of any deadlines for decision.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 130 - IDENTIFICATION AND PROTECTION OF TRADE SECRETS AND OTHER NON-DISCLOSABLE INFORMATION › Subpart B - PROCEDURES FOR IDENTIFYING ARTICLES THAT REPRESENT TRADE SECRETS › Section 130.220 - Extension of Deadlines to Participate in Proceedings

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon the State agency's finding that a
				person has satisfied the requirements of subsection (b), the State agency must
				extend any deadline for the person to participate in the proceeding before the
				State agency until 10 days after the State agency determines the trade secret
				status of the article.
b) The
				person seeking an extension to participate in a proceeding before the State
				agency has the burden to demonstrate that the person will be adversely affected
				in the proceeding due to the timing of the State agency's trade secret
				determination, that the person could not have avoided the resulting delay by
				making an earlier request, and that the article is relevant to the
				proceeding.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 130 - IDENTIFICATION AND PROTECTION OF TRADE SECRETS AND OTHER NON-DISCLOSABLE INFORMATION › Subpart C - PROCEDURES FOR PROTECTING ARTICLES THAT REPRESENT TRADE SECRETS › Section 130.300 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
Any article that is claimed or determined to represent a
				  trade secret under Subpart B must be protected from unauthorized disclosure
				  under this Subpart.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 130 - IDENTIFICATION AND PROTECTION OF TRADE SECRETS AND OTHER NON-DISCLOSABLE INFORMATION › Subpart C - PROCEDURES FOR PROTECTING ARTICLES THAT REPRESENT TRADE SECRETS › Section 130.302 - Owner's Responsibility to Mark Article

Current through Register Vol. 48, No. 28, July 12, 2024
a) When an entire article is claimed to
				represent a trade secret, the owner must mark the article with the words "Trade
				Secret" in red ink on the face or front of the article.
b) When less than an entire article is
				claimed to represent a trade secret, the owner must:
1) Mark the article with the words "Trade
				Secret" in red ink on the face or front of the article;
2) Indicate on the face or front of the
				article which page or portion of the article is claimed to represent a trade
				secret;
3) Mark every page or
				portion of the article that is claimed to represent a trade secret with the
				words "Trade Secret"; and
4)
				Furnish the State agency with a second copy of the article from which the page
				or portion of the article that is claimed to represent a trade secret is
				deleted.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 130 - IDENTIFICATION AND PROTECTION OF TRADE SECRETS AND OTHER NON-DISCLOSABLE INFORMATION › Subpart C - PROCEDURES FOR PROTECTING ARTICLES THAT REPRESENT TRADE SECRETS › Section 130.304 - State Agency's Responsibility to Mark Article

Current through Register Vol. 48, No. 28, July 12, 2024
a) When an entire article is determined to
				represent a trade secret under Section
				130.208,
				the State agency must mark the article with the word "DETERMINED" in red ink on
				the face or front of the article and must also mark any claim letter submitted
				for the article.
b) When less than
				an entire article is determined to represent a trade secret under Section
				130.208, the State agency must:
1) Mark the
				article with the word "DETERMINED" in red ink on the face or front of the
				article;
2) Indicate on the face or
				front of the article and any claim letter submitted for the article which page
				or portion of the article is determined to represent a trade secret;
				and
3) Mark every page or portion
				of the article that is determined to represent a trade secret with the word
				"DETERMINED".
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 130 - IDENTIFICATION AND PROTECTION OF TRADE SECRETS AND OTHER NON-DISCLOSABLE INFORMATION › Subpart C - PROCEDURES FOR PROTECTING ARTICLES THAT REPRESENT TRADE SECRETS › Section 130.306 - Transmission of Article Between State Agencies

Current through Register Vol. 48, No. 28, July 12, 2024
Before transmitting any article that is claimed or determined
				  to represent a trade secret to another State agency, the State agency must
				  ensure that the article is marked under Sections
				  130.302
				  and
				  130.304
				  and is clearly distinguished and segregated from other transmitted
				  materials.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 130 - IDENTIFICATION AND PROTECTION OF TRADE SECRETS AND OTHER NON-DISCLOSABLE INFORMATION › Subpart C - PROCEDURES FOR PROTECTING ARTICLES THAT REPRESENT TRADE SECRETS › Section 130.308 - Public Access to Information Related to Article

Current through Register Vol. 48, No. 28, July 12, 2024
a) A copy of the claim letter submitted under
				Section
				130.200(b)(1)
				will be open to public inspection.
b) When an article was determined to
				represent a trade secret before January 1, 2001 and no claim letter exists, the
				State agency must prepare a statement that will be open to public inspection
				and that names and briefly describes the article.
c) When a page or portion of an article is
				claimed or determined to represent a trade secret, a copy of the article must
				be open to public inspection, with the part or portion of the article that is
				claimed or determined to represent a trade secret or that would lead to
				disclosure of the trade secret deleted.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 130 - IDENTIFICATION AND PROTECTION OF TRADE SECRETS AND OTHER NON-DISCLOSABLE INFORMATION › Subpart C - PROCEDURES FOR PROTECTING ARTICLES THAT REPRESENT TRADE SECRETS › Section 130.310 - Access to Claimed or Determined Article

Current through Register Vol. 48, No. 28, July 12, 2024
a) The State agency must designate the State
				agency employees or officers who are authorized to review articles that are
				claimed to represent trade secrets for the purpose of making a determination
				under Section
				130.208.
b) Access to an article that is claimed or
				determined to represent a trade secret must be limited to:
1) Employees or officers designated under
				subsection (a);
2) Other employees,
				officers, or authorized representatives of the State specifically authorized by
				the State agency to have access to the article for the purpose of carrying out
				the Act or regulations promulgated thereunder or when relevant to a proceeding
				or matter under the Act; or
3)
				Employees, officers, or authorized representatives of the United States who are
				specifically authorized by the State agency to have access to the article for
				the purpose of carrying out federal environmental statutes or
				regulations.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 130 - IDENTIFICATION AND PROTECTION OF TRADE SECRETS AND OTHER NON-DISCLOSABLE INFORMATION › Subpart C - PROCEDURES FOR PROTECTING ARTICLES THAT REPRESENT TRADE SECRETS › Section 130.312 - Unauthorized Disclosure or Use of Article

Current through Register Vol. 48, No. 28, July 12, 2024
a) The State agency must ensure that all
				persons who are authorized to have access to an article that is claimed or
				determined to represent a trade secret are given notice of the restrictions on
				disclosure and use of the article contained in this Subpart.
b) No State agency officer, employee, or
				authorized representative may disclose, except as authorized by this Subpart,
				or use for private gain or advantage, any article that is claimed or determined
				to represent a trade secret.
c)
				Each State agency officer, employee, or authorized representative must take
				reasonable measures to safeguard an article that is claimed or determined to
				represent a trade secret and to protect against disclosure that is inconsistent
				with this Part.
d) Each authorized
				representative of the State agency who is furnished with access to an article
				that is claimed or determined to represent a trade secret under this Part must
				use or disclose that information only as authorized by the contract or
				agreement under which the person is authorized to represent the State
				agency.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 130 - IDENTIFICATION AND PROTECTION OF TRADE SECRETS AND OTHER NON-DISCLOSABLE INFORMATION › Subpart C - PROCEDURES FOR PROTECTING ARTICLES THAT REPRESENT TRADE SECRETS › Section 130.314 - Limitation on Copying Article

Current through Register Vol. 48, No. 28, July 12, 2024
No State agency officer, employee, or authorized
				  representative of the State or the United States may copy an article that is
				  claimed or determined to represent a trade secret under this Part except when
				  authorized to do so by the State agency officer or employee designated to
				  review the article under Section
				  130.312(a).
				  All copies must be recorded and logged in accordance with Section
				  130.312(c).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 130 - IDENTIFICATION AND PROTECTION OF TRADE SECRETS AND OTHER NON-DISCLOSABLE INFORMATION › Subpart D - NON-DISCLOSABLE INFORMATION OTHER THAN TRADE SECRETS › Section 130.400 - General

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart applies only to filings of articles with the
				  Board, and only with respect to Board determinations of whether articles are
				  non-disclosable information other than trade secrets. "Non-disclosable
				  information" is defined in 35 Ill. Adm. Code 101.Subpart B.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 130 - IDENTIFICATION AND PROTECTION OF TRADE SECRETS AND OTHER NON-DISCLOSABLE INFORMATION › Subpart D - NON-DISCLOSABLE INFORMATION OTHER THAN TRADE SECRETS › Section 130.402 - Who May View Non-Disclosable Information

Current through Register Vol. 48, No. 28, July 12, 2024
Any information accorded confidential treatment may be
				  disclosed or transmitted to other officers, employees, including Board Members,
				  Board attorneys, environmental scientists of the Board's technical unit, Board
				  hearing officers, the Clerk, Assistant Clerk, or authorized representatives of
				  this State or of the United States concerned with or for the purposes of
				  carrying out the Act or the federal environmental statutes and regulations;
				  provided, however, that such information shall be identified as confidential by
				  the Board, as the case may be [415 ILCS
				  5/7(e) ].
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 130 - IDENTIFICATION AND PROTECTION OF TRADE SECRETS AND OTHER NON-DISCLOSABLE INFORMATION › Subpart D - NON-DISCLOSABLE INFORMATION OTHER THAN TRADE SECRETS › Section 130.404 - Application for Non-Disclosure

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as provided in subsection (c)(4),
				the applicant must file a single copy of the following:
1) The article that is sought to be protected
				from disclosure; and
2) The
				application for non-disclosure.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 130 - IDENTIFICATION AND PROTECTION OF TRADE SECRETS AND OTHER NON-DISCLOSABLE INFORMATION › Subpart D - NON-DISCLOSABLE INFORMATION OTHER THAN TRADE SECRETS › Section 130.406 - Public Inspection

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				public cannot inspect material for which a non-disclosure application is
				pending before the Board.
b) If the
				Board determines that the material is not entitled to be protected from
				disclosure, the public cannot inspect the material:
1) Until the time for appeal of the Board's
				determination has expired; or
2) If
				an appeal of the Board's determination is filed, until the Board receives
				official notification of a final order of a court with proper jurisdiction that
				does not reverse the Board's determination and that is not subject to further
				appeal.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 130 - IDENTIFICATION AND PROTECTION OF TRADE SECRETS AND OTHER NON-DISCLOSABLE INFORMATION › Subpart D - NON-DISCLOSABLE INFORMATION OTHER THAN TRADE SECRETS › Section 130.408 - Board Order

Current through Register Vol. 48, No. 28, July 12, 2024
a) If
				the Board determines that the article or any page or portion thereof is
				non-disclosable information, the Board will mark the word "DETERMINED" on the
				face or front and on every page or portion determined to be non-disclosable
				information.
b) If the Board
				determines that the article, or any page or portion thereof is not
				non-disclosable information, the Board may enter a conditional non-disclosure
				order allowing the applicant to withdraw the material addressed in the order.
				If the applicant fails to withdraw the material by the deadline given in the
				Board order, the material will be returned to the Clerk's normal file and will
				be available for the public to inspect.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 130 - IDENTIFICATION AND PROTECTION OF TRADE SECRETS AND OTHER NON-DISCLOSABLE INFORMATION › Subpart D - NON-DISCLOSABLE INFORMATION OTHER THAN TRADE SECRETS › Appendix A - Comparison of Former and Current Rules (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 164 - PROCEDURES FOR INFORMATIONAL AND QUASI-LEGISLATIVE PUBLIC HEARINGS › Subpart A - INTRODUCTION › Section 164.101 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
These procedures are intended:
a) To provide opportunity for the public to
				understand and comment on proposed actions of the Illinois Environmental
				Protection Agency (Agency);
b) To
				establish procedures by which the Agency consults interested or affected
				members of the public;
c) To enable
				the Agency to fully consider and respond to public concerns;
d) To encourage cooperation between the
				Agency and other governmental bodies charged with protecting the environment;
				and
e) To foster openness among the
				Agency, other governmental bodies, and the public.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 164 - PROCEDURES FOR INFORMATIONAL AND QUASI-LEGISLATIVE PUBLIC HEARINGS › Subpart A - INTRODUCTION › Section 164.102 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
These procedures apply to agency hearings in informational or
				  quasi-legislative proceedings when hearings are required by law or when the
				  Director of the Agency determines that a public hearing shall be held. These
				  procedures do not apply to contested cases or permit hearings for which other
				  rules apply.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 164 - PROCEDURES FOR INFORMATIONAL AND QUASI-LEGISLATIVE PUBLIC HEARINGS › Subpart B - PROCEDURES FOR INFORMATIONAL PUBLIC HEARINGS › Section 164.201 - Notice

Current through Register Vol. 48, No. 28, July 12, 2024
a) Notice of a
				hearing under this Part shall be given at least 30 days before the
				hearing.
b) The notice shall
				include:
1) The date, time, and place of the
				hearing;
2) The purpose of the
				hearing;
3) Identification of the
				Agency Bureau sponsoring the hearing and any other sponsor if the hearing is
				jointly sponsored;
4) A reference
				to the particular Sections of the statutes and rules involved;
5) The name, address, and telephone number of
				a contact person from whom additional information regarding the hearing may be
				obtained;
6) A statement regarding
				the submission of written comments;
7) A statement that a copy of the procedural
				rules governing the hearing is available upon request; and
8) Other information as determined by the
				Agency or required by law.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 164 - PROCEDURES FOR INFORMATIONAL AND QUASI-LEGISLATIVE PUBLIC HEARINGS › Subpart B - PROCEDURES FOR INFORMATIONAL PUBLIC HEARINGS › Section 164.202 - Hearing Officer

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Hearing Officer shall be designated by the Director of the Agency.
b) The Hearing Officer shall have all
				authority necessary to conduct a fair and orderly hearing including, but not
				limited to, the authority to:
1) Schedule the
				hearing;
2) Regulate the course of
				the hearing;
3) Administer oaths
				and affirmations;
4) Examine
				witnesses and direct witnesses to testify;
5) Require persons who testify to do so under
				oath;
6) Reasonably limit the scope
				and duration of testimony or questioning of witnesses; and
7) Extend the time limits for making written
				submissions.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 164 - PROCEDURES FOR INFORMATIONAL AND QUASI-LEGISLATIVE PUBLIC HEARINGS › Subpart B - PROCEDURES FOR INFORMATIONAL PUBLIC HEARINGS › Section 164.203 - Conduct of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Hearing Officer shall make an opening statement which shall include the
				following points:
1) The purpose of the
				hearing;
2) Issues involved in the
				decision, if any, to be made by the Agency;
3) Tentative determinations, if any, already
				made by the Agency;
4) Factors
				which the Agency will consider in making the decision;
5) Information and comments to be solicited
				from the public at the hearing;
6)
				a statement as to what questioning, if any, will be permitted by the Hearing
				Officer.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 164 - PROCEDURES FOR INFORMATIONAL AND QUASI-LEGISLATIVE PUBLIC HEARINGS › Subpart B - PROCEDURES FOR INFORMATIONAL PUBLIC HEARINGS › Section 164.204 - Questions

Current through Register Vol. 48, No. 28, July 12, 2024
The Hearing Officer may allow relevent questions by any
				  person of any witness or agency representative.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 164 - PROCEDURES FOR INFORMATIONAL AND QUASI-LEGISLATIVE PUBLIC HEARINGS › Subpart B - PROCEDURES FOR INFORMATIONAL PUBLIC HEARINGS › Section 164.205 - Written Submissions

Current through Register Vol. 48, No. 28, July 12, 2024
Any person may file written submissions either before or
				  during the hearing or prior to the close of the record. Written submissions may
				  be filed with the contact person named in the Notice or with the Hearing
				  Officer.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 164 - PROCEDURES FOR INFORMATIONAL AND QUASI-LEGISLATIVE PUBLIC HEARINGS › Subpart C - HEARING RECORD › Section 164.301 - Contents

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Hearing
				Officer shall prepare a record of all hearings held under these
				procedures.
b) This record shall
				contain:
1) A transcript of the proceedings,
				including all written submissions and exhibits, or an audio recording of the
				proceeding;
2) A list of witnesses
				and submitters of written material;
3) Written submissions and exhibits;
				and
4) When required by law any
				recommendations made by the Hearing Officer.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 164 - PROCEDURES FOR INFORMATIONAL AND QUASI-LEGISLATIVE PUBLIC HEARINGS › Subpart D - RESPONSE TO HEARING › Section 164.401 - Summary and Agency Statement

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The Agency shall prepare a general summary of comments and statements in the
				hearing record and shall respond to the questions and comments either
				individually or by category.
b) The
				Agency shall also prepare a statement of its conclusions, proposed actions and
				justifications for its proposed actions.
c) The summary and Agency statement shall be
				available to the public upon request to the Agency.
d) The summary shall be available to the
				public within 45 days after closing of the record unless the Hearing Officer
				provides otherwise.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 166 - PROCEDURES FOR PERMIT AND CLOSURE PLAN HEARINGS › Subpart A - INFORMATIONAL PERMIT AND CLOSURE PLAN HEARINGS › Section 166.101 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart is intended:
a) to set forth the practice and procedures
				to be followed by the Illinois Environmental Protection Agency (Agency) in
				conducting informational permit and closure plan hearings;
b) to provide opportunity for the public to
				understand and comment on permit and closure plan applications and associated
				actions of the Agency;
c) to
				establish procedures by which the Agency consults interested or affected
				segments of the public;
d) to
				enable the Agency to fully consider and respond to public concerns;
e) to encourage cooperation between the
				Agency and other governmental bodies;
f) to foster openness among the Agency, other
				governmental bodies and the public; and
g) to comply with State and federal
				requirements.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 166 - PROCEDURES FOR PERMIT AND CLOSURE PLAN HEARINGS › Subpart A - INFORMATIONAL PERMIT AND CLOSURE PLAN HEARINGS › Section 166.110 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart sets forth the procedures to be followed by the
				  Illinois Environmental Protection Agency in informational hearings which
				  concern applications for permits and for the approval or amendments of closure
				  plans submitted to the Agency under the provisions of 35 Ill. Adm. Code
				  725.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 166 - PROCEDURES FOR PERMIT AND CLOSURE PLAN HEARINGS › Subpart A - INFORMATIONAL PERMIT AND CLOSURE PLAN HEARINGS › Section 166.120 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Unless defined
				in Subsection (b) of this Section, words shall have the meaning as defined in
				Section 3 of the Environmental Protection Act (Ill. Rev. Stat. 1985, ch.
				1111/2, par. 1003);
b) The
				following definitions shall apply to this rulemaking:
"Applicant" means a person who applies for a permit.
"Closure Plan" means a plan or amendment to plan to close a
				  hazardous waste facility as required under 35 Ill. Adm. Code 725.
"Director" means the Director of the Illinois Environmental
				  Protection Agency.
"Hearing" means a proceeding which is held after notice to
				  interested persons in which testimony is taken by oath or affirmation and a
				  verbatim record of all testimony is kept.
"Hearing Officer" means a person duly designated by the
				  Director to preside over a hearing.
"Informational Hearing" means a hearing which is not required
				  by law to be held, but which is held for the purpose of informing the public of
				  a proposed Agency action or when the Agency wishes to gather information or
				  comments from the public prior to making a final decision on a matter.
"Interested person" means any person who may be affected by
				  the outcome of the permit or closure plan decision.
"NPDES" means the National Pollutant Discharge Elimination
				  System for issuing, establishing conditions for, and denying permits under the
				  Federal Water Pollution Control Act, as amended, (
				  33 U.S.C.
				  1342 ) and its implementing
				  regulations.
"Permit" means permission or authorization granted by the
				  Agency, to construct, alter, extend, or operate any air pollution source or
				  control equipment, waste water treatment works, landfill, public water supply,
				  or other facility including their appurtenances and equipment pursuant to
				  Pollution Control Board rules.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 166 - PROCEDURES FOR PERMIT AND CLOSURE PLAN HEARINGS › Subpart A - INFORMATIONAL PERMIT AND CLOSURE PLAN HEARINGS › Section 166.130 - Notice

Current through Register Vol. 48, No. 28, July 12, 2024
a) Notice of
				hearing shall be given at least 45 days before the date of hearing by prominent
				placement at a dedicated page on the Agency's website. The notice shall remain
				on the Agency's website for the duration of the public comment period. If the
				Agency's website is unavailable for a prolonged period of time, the comment
				period will be extended for an equivalent amount of time. If, pursuant to the
				Act or other applicable law, newspaper notice is required for the type of
				permit or closure plan at issue, notice shall also be given by advertisement in
				a newspaper of general circulation in the affected geographical area.
b) If the Director of the Agency or his/her
				designee determines, for a particular permit or closure plan, that additional
				notice would serve the interests of the public or of the Agency, notice shall
				also be by advertisement in a newspaper of general circulation in the affected
				geographical area or by notice in the Illinois Register. In making this
				determination, the Agency shall consider public interest.
c) A copy of the Notice and the closure plan
				or proposed permit and fact sheet shall be provided by electronic mail or
				mailed to:
1) The State's attorney of the
				county in which the facility is located;
2) The Chairman of the County Board of the
				county in which the facility is located;
3) Each member of the General Assembly from
				the legislative district in which the facility is located;
4) The chief executive officer and the clerk
				of each municipality, any portion of which is within three miles of the
				facility; and
5) Persons on a
				mailing list developed by the Agency that includes those who requested to be
				included on such a list.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 166 - PROCEDURES FOR PERMIT AND CLOSURE PLAN HEARINGS › Subpart A - INFORMATIONAL PERMIT AND CLOSURE PLAN HEARINGS › Section 166.140 - Hearing Officer

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Hearing Officer shall be designated by the Director of the Agency.
b) The Hearing Officer shall have all
				authority necessary to conduct a fair and orderly hearing including, but not
				limited to, the power to:
1) Schedule the
				hearing;
2) Require prior
				submission of expert testimony and written exhibits;
3) Require participants to state their
				position with respect to the issuance of the permit;
4) Administrator oaths and
				affirmations;
5) Examine witnesses
				to clarify testimony;
6) Rule on
				the admissibility of evidence offered;
7) Require persons who testify to do so under
				oath;
8) Establish the time for
				making written submissions and closure of the record; and
9) Continue a hearing from day-to-day or
				adjourn it to a later date, after considering the availability of the hearing
				location and the wishes of the participants.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 166 - PROCEDURES FOR PERMIT AND CLOSURE PLAN HEARINGS › Subpart A - INFORMATIONAL PERMIT AND CLOSURE PLAN HEARINGS › Section 166.150 - Hearing Board

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				When conducting NPDES permit hearings or whenever necessary to provide advice
				due to the complexity of the issues involved in the hearing the Director shall
				designate a Hearing Board to assist the Hearing Officer in the conduct of the
				hearing, to give the Hearing Officer necessary technical and legal advice and
				to solicit information for the Agency's decision from the hearing
				participants.
b) The Hearing
				Officer shall chair the Hearing Board.
c) Hearing Board members may question any
				witness during the course of the hearing.
d) Hearing Board members shall provide
				specialized, and technical advice within their expertise to assist the Hearing
				Officer, as necessary with any report or recommendation which the Hearing
				Officer may be required to submit with respect to the hearing.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 166 - PROCEDURES FOR PERMIT AND CLOSURE PLAN HEARINGS › Subpart A - INFORMATIONAL PERMIT AND CLOSURE PLAN HEARINGS › Section 166.160 - Conduct of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Hearing Officer shall make an opening statement which shall include the
				following points:
1) The purpose of the
				hearing;
2) Issues involved in the
				permit decision to be made by the Agency;
3) Proposed Agency action or draft
				permit;
4) Tentative date of final
				decision; and
5) A statement as to
				what form of questioning in permitted under this Subpart.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 166 - PROCEDURES FOR PERMIT AND CLOSURE PLAN HEARINGS › Subpart A - INFORMATIONAL PERMIT AND CLOSURE PLAN HEARINGS › Section 166.170 - Questions

Current through Register Vol. 48, No. 28, July 12, 2024
The Hearing Officer shall allow relevant questions by any
				  person who makes a statement at the hearing.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 166 - PROCEDURES FOR PERMIT AND CLOSURE PLAN HEARINGS › Subpart A - INFORMATIONAL PERMIT AND CLOSURE PLAN HEARINGS › Section 166.180 - Contents of the Record

Current through Register Vol. 48, No. 28, July 12, 2024
The Hearing Officer shall prepare a record of each hearing
				  held under the provisions of these rules.
a) Hearings may be recorded and transcribed
				by a court reporter who will provide a copy of the transcript for the record.
				Copies of the transcript may be obtained from the court reporter at the
				requestor's own expense or from the Agency with costs assessed in accordance
				with Access to Information of the Illinois Environmental Protection Agency (35
				Ill. Adm. Code 160).
b) If not
				recorded and transcribed by a court reporter hearings shall be tape-recorded by
				the Agency. On request of any person copies will be provided with costs
				assessed in accordance with Access to Information of the Illinois Environmental
				Protection Agency (35 Ill. Adm. Code 160).
c) The hearing record shall include:
1) A copy of the permit or closure plan
				application;
2) A copy of all
				notices issued pursuant to the permit review process;
3) A copy of the draft permit or closure
				plan, if any;
4) A copy of the fact
				sheet, if any;
5) A copy of the
				transcript, all written statements submissions and exhibits;
6) A list of all persons who made written or
				oral statements or provided written submissions and exhibits;
7) A copy of any report or recommendation
				made by the Hearing Officer or Hearing Board; and
8) A copy of the responsiveness
				summary.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 166 - PROCEDURES FOR PERMIT AND CLOSURE PLAN HEARINGS › Subpart A - INFORMATIONAL PERMIT AND CLOSURE PLAN HEARINGS › Section 166.190 - Access to the Record

Current through Register Vol. 48, No. 28, July 12, 2024
Any person may inspect and copy the hearing record pursuant
				  to Access to Information of the Illinois Environmental Protection Agency (35
				  Ill. Adm. code 160).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 166 - PROCEDURES FOR PERMIT AND CLOSURE PLAN HEARINGS › Subpart A - INFORMATIONAL PERMIT AND CLOSURE PLAN HEARINGS › Section 166.191 - Closure of the Record

Current through Register Vol. 48, No. 28, July 12, 2024
Unless the Hearing Officer provides otherwise, the hearing
				  record shall be closed 30 days after the date of the last hearing. The comment
				  period may be extended upon good cause shown or by agreement of the parties,
				  however, statutory time limitations of Title X (Section 39 through 40.1 ) of
				  the Environmental Protection Act shall take precedence over any extension of
				  the comment period.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 166 - PROCEDURES FOR PERMIT AND CLOSURE PLAN HEARINGS › Subpart A - INFORMATIONAL PERMIT AND CLOSURE PLAN HEARINGS › Section 166.192 - Contents of Responsiveness Summary

Current through Register Vol. 48, No. 28, July 12, 2024
a) A responsiveness summary shall be prepared
				by the Agency. The responsiveness summary shall include:
1) An identification of the public
				participation activity conducted;
2) Description of the matter on which the
				public was consulted;
3) An
				estimate of the number of persons present at the hearing;
4) A summary of all the views, significant
				comments, criticisms, and suggestions, whether written or oral, submitted at
				the hearing or during the time the hearing record was open;
5) The Agency's specific response to all
				significant comments, criticisms, and suggestions; and
6) A statement of Agency action, including
				when applicable the issuance or denial of the permit or closure plan.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 166 - PROCEDURES FOR PERMIT AND CLOSURE PLAN HEARINGS › Subpart A - INFORMATIONAL PERMIT AND CLOSURE PLAN HEARINGS › Section 166.193 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
If any portion of Subpart A of this Part 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 portion of this Subpart A.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 166 - PROCEDURES FOR PERMIT AND CLOSURE PLAN HEARINGS › Subpart B - CONTESTED CASE PERMIT HEARINGS › Section 166.201 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart is intended:
a) to set forth the practice and procedures
				to be followed by the Illinois Environmental Protection Agency in conducting
				contested case permit hearings, and;
b) to comply with the purpose and intent of
				the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, par.
				1001 et seq.) [5 ILCS 100/1-1 et
				seq.] in conducting contested case permit hearings.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 166 - PROCEDURES FOR PERMIT AND CLOSURE PLAN HEARINGS › Subpart B - CONTESTED CASE PERMIT HEARINGS › Section 166.202 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart shall apply to all hearings held by the Agency
				  in contested case permit hearings.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 166 - PROCEDURES FOR PERMIT AND CLOSURE PLAN HEARINGS › Subpart B - CONTESTED CASE PERMIT HEARINGS › Section 166.203 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Agency" is the Illinois Environmental Protection
				  Agency.
"Appearance" means a formal written application to the Agency
				  Hearing Officer, with the name, address, and telephone number of interested
				  person or his/her attorney requesting to be made a party in the matter.
"Applicant" means a person who initiates an action requiring
				  a contested case permit hearing.
"Business" includes business, profession, occupation, and/or
				  calling of every kind.
"Contested Case" means an adjudicatory proceeding, not
				  including rate making, rule-making, quasi-legislative, informational or similar
				  proceedings, in which the individual legal rights, duties or privileges of a
				  party are required by law to be determined by an agency only after an
				  opportunity for a hearing. (Section 1-30 IAPA) This does not include Agency
				  procedures for permit hearings held pursuant to Subpart A of this Part.
"Director" means the Director of the Illinois Environmental
				  Protection Agency.
"Hearing" means a proceeding which is held after notice to
				  interested persons or parties, in which testimony is taken by oath or
				  affirmation and a verbatim record of all testimony is kept.
"Hearing Officer" means a person duly designated as a Hearing
				  Officer by the Director to preside over the hearing.
"IAPA" means the Illinois Administrative Procedure
				  Act.
"Interested person" means any person who may be adversely
				  affected by the outcome of a hearing.
"Party" may be an Applicant or Respondent.
"Permit" means permission or authorization granted by the
				  Agency to construct, alter, extend, or operate any air pollution source or
				  control equipment, waste water treatment works, landfill, public water supply,
				  or other facility including their appurtenances and equipment pursuant to
				  Pollution Control Board rules.
"Person" means any individual, partnership, co-partnership,
				  firm, company, corporation, association, joint stock company, trust, estate,
				  political subdivision, federal or state agency, or other legal entity, or their
				  legal representative, agent or assigns.
"Respondent" means an interested person who has filed
				  appearance with the Agency Hearing officer to participate in hearing
				  proceedings.
"State" means the State of Illinois.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 166 - PROCEDURES FOR PERMIT AND CLOSURE PLAN HEARINGS › Subpart B - CONTESTED CASE PERMIT HEARINGS › Section 166.210 - Commencement of a Contested Case Permit Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
In cases where the Agency is required by Section 39 of the
				  Environmental Protection Act to hold an adjudicatory proceeding concerning a
				  permit application required by law to be determined by the Agency only after
				  notice and the opportunity for a hearing, the Director shall order the Agency
				  Hearing Officer to hold a contested case hearing under the provisions of this
				  Subpart.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 166 - PROCEDURES FOR PERMIT AND CLOSURE PLAN HEARINGS › Subpart B - CONTESTED CASE PERMIT HEARINGS › Section 166.220 - Notice

Current through Register Vol. 48, No. 28, July 12, 2024
a) Notice of permit
				hearing shall be placed in a public newspaper of general circulation in the
				area in which the facility for which the permit is requested is located or as
				otherwise required by law.
b)
				Notice shall be published once weekly for three successive weeks, and the first
				notice of a hearing shall be given at least 45 days before the date of the
				hearing.
c) A copy of the Notice
				and the proposed permit and fact sheet shall be mailed to:
1) The State's attorney of the county in
				which the facility is located;
2)
				The Chairman of the County Board of the county in which the facility is
				located;
3) Each member of the
				General Assembly from the legislative district in which the facility is
				located;
4) The chief executive
				officer and the clerk of each municipality, any portion of which is within
				three miles of the facility;
5)
				Persons on a mailing list developed by the Agency which includes those who
				requested in writing to be included on such a list and to all persons who have
				provided comments or testimony at any previous informational hearing regarding
				the subject permit application; and