reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart B - VARIANCES › Section 104.210 - Petition for Extension of Variance

Current through Register Vol. 48, No. 28, July 12, 2024
a) A variance
may be extended from
				year to year by affirmative action of the Board, but only if satisfactory
				progress has been shown
by the petitioner. [
				415 ILCS
				5/36(b) ]
b) A petition to extend a variance is
				considered a new petition for variance before the Board, and must be filed in
				accordance with this Subpart and 35 Ill. Adm. Code 101. Subpart C, including
				payment of the filing fee under Section
				104.202(b)
				and 35 Ill. Adm. Code
				101.302(e)(2).
c) If the petitioner desires to have the term
				of the variance extension be sequential with the term of the prior variance,
				the petition to extend the variance must be filed with the Board no later than
				120 days prior to the termination of the variance, unless the petitioner can
				demonstrate that the petition for variance extension was filed as soon as
				practicable after the petitioner learned that it could not meet the compliance
				time frame under the existing variance.
d) In addition to the requirements of this
				Subpart, the petition for extension of variance must contain:
1) A detailed statement showing that
satisfactory progress
toward compliance has been or will have
				been achieved during the term of the prior variance [
				415 ILCS
				5/36(b) ];
2) A statement that the conditions of the
				prior variance have been fully met, or, if any condition or conditions have not
				been fully met, a detailed explanation of the reason or reasons that the
				condition or conditions have not been fully met; and
3) A motion to incorporate any material from
				the record of the prior variance proceeding in accordance with 35 Ill. Adm.
				Code
				101.306.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart B - VARIANCES › Section 104.212 - Motion for Modification of Internal Variance Compliance Dates

Current through Register Vol. 48, No. 28, July 12, 2024
a) The petitioner
				may request, by written motion modification of internal dates within a
				compliance schedule of an existing variance, so long as the modification does
				not extend the length of the existing variance period. The written motion will
				not be considered to be an extension of the prior variance. The motion must be
				filed under the docket number of the existing variance, and must be filed with
				the Clerk and served upon the Agency, and any joined parties under 35 Ill. Adm.
				Code 101. Subpart D. The Agency must, and any joined parties may, file a
				response to that motion. Any response must be filed within 14 days after
				receipt of the motion.
b) A motion
				for modification that would extend the length of the existing variance period
				constitutes a Petition for Extension of Variance and must be filed in
				accordance with Section
				104.210.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart B - VARIANCES › Section 104.214 - Notice of Petition

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Within 14 days after the petition is filed, the petitioner must
publish
				a single notice of such petition in a newspaper of general circulation
				in
the county where the facility or pollution source is located. [
				415 ILCS
				5/37(a) ]
b) Upon filing a petition for variance, the
				petitioner
shall promptly give written notice of such petition
				to
:
1)
Any person in the
				county in which the installation or property for which variance is sought is
				located who has filed with the Board a written request for notice of variance
				petitions;
2)
The
				State's attorney of such county
;
3)
The Chairman of the County Board
				of such county
; and
4)
Each member of the General Assembly from the legislative district in
				which that installation or property is located
. [
				415 ILCS
				5/37(a) ]
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart B - VARIANCES › Section 104.218 - Agency Recommendation to RCRA Variance

Current through Register Vol. 48, No. 28, July 12, 2024
In addition to the recommendation requirements stated in
				  Section
				  104.216,
				  the Agency recommendation on petitions for RCRA variances must also include the
				  following and, in addition to the service requirements of Section 104.216, the
				  Agency must serve its recommendation on USEPA and all persons who have notified
				  the Agency that they intend to comment or have otherwise asked to be served a
				  copy of the recommendation.
a) The
				recommendation must include a fact sheet or statement of basis as provided in
				35 Ill. Adm. Code
				705.141 through
				705.143, when
				relevant.
b) If the Agency
				recommends that the variance be granted, a partial draft permit reflecting the
				variance and recommended conditions must be included with the
				recommendation.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart B - VARIANCES › Section 104.220 - Response to Agency Recommendation

Current through Register Vol. 48, No. 28, July 12, 2024
a) Within 14 days after service of the Agency
				recommendation the petitioner may file a response to the Agency recommendation
				or an amended petition. The petitioner must serve a copy of the response or
				amended petition upon the hearing officer, the Agency, and any other parties to
				the proceeding.
b) The response or
				amended petition may include a request for hearing. New information in a
				response or amended petition must be verified by oath or affidavit.
c) Any amended petition or request for
				hearing under this Section recommences the decision period under Section
				104.232.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart B - VARIANCES › Section 104.222 - Stipulations

Current through Register Vol. 48, No. 28, July 12, 2024
Filing of a stipulation in a variance proceeding is
				  permissible to the extent that the stipulation conveys to the Board those facts
				  upon which the parties agree. However, the Board is not bound to accept as fact
				  any stipulation to findings of ultimate fact or conclusion of law, such as
				  stipulating that it would impose an arbitrary or unreasonable hardship if
				  petitioner were to immediately comply with the applicable rule or
				  regulation.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart B - VARIANCES › Section 104.224 - Objections to Petition, Written Comments, and Request for Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) A person who
				files an objection, request for hearing, or comment is a "participant" as
				defined in 35 Ill. Adm. Code 101. Subpart B.
b) Except as provided in subsection (e) of
				this Section for RCRA variances, any person may file with the Clerk, within 21
				days after the publication of the petitioner's notice under Section
				104.214, a
				written objection to the grant of variance. The Clerk will serve a copy of the
				objection on the petitioner, the Agency, the hearing officer, and any joined
				parties in accordance with 35 Ill. Adm. Code
				101.304(c).
c) Any person may also file a written request
				for hearing. The written request must be filed within 21 days after the
				publication of the petitioner's notice under Section
				104.214 in
				order for a hearing to be held in accordance with Section 104.236 and 35 Ill.
				Adm. Code 101. Subpart F, including any hearing held by video conference (see
				35 Ill. Adm. Code
				101.600(b)
				).
d) Any person may file written
				comments in a variance proceeding. If a hearing is held, public comments must
				be filed within 14 days after the close of the hearing unless the hearing
				officer specifies a different date. If there is no hearing, comments must be
				filed no later than 30 days before the decision date, unless the hearing
				officer orders otherwise to prevent material prejudice. (See 35 Ill. Adm. Code
				101.628(c)(1).)
e) In RCRA variances, subsections (b) and (c)
				do not apply. However, persons may file written comments within 45 days after
				the Agency files its recommendation.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart B - VARIANCES › Section 104.226 - Amended Petition and Amended Recommendation

Current through Register Vol. 48, No. 28, July 12, 2024
a) The petitioner may amend the petition
				prior to the close of the hearing, if a hearing is held, or prior to the
				Board's decision, if a hearing is not held, by filing a motion under 35 Ill.
				Adm. Code 101. Subpart E. Amended petitions subsequent to hearing will be
				accepted only with permission of the Board. Amended petitions must be in
				writing and filed with the Board and served in accordance with 35 Ill. Adm.
				Code 101. Subpart C. If the petitioner substantively amends the petition, the
				filing of the amended petition recommences the decision period under Section
				104.232.
b) If the petitioner amends the petition, the
				Agency must file or give an amended recommendation in writing or orally at
				hearing, but in any event not later than 45 days after the filing of an amended
				petition. The Agency may amend its recommendation even if the petitioner has
				not amended its petition. In such an instance, a recommendation may be amended
				prior to close of the hearing, if a hearing is held, or 40 days prior to the
				Board's decision date if a hearing is not held. The petitioner may file a
				response to an Agency recommendation under Section
				104.220.
c) Written amendments to the petition or
				recommendation need not repeat the entire unchanged portion of the original
				filing provided that a sufficient portion of the original filing is repeated so
				that the context of the amendment is made clear.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart B - VARIANCES › Section 104.228 - Insufficient Petition

Current through Register Vol. 48, No. 28, July 12, 2024
If the Board finds the petition fails to contain information
				  as required by Sections
				  104.204,
				  104.206,
				  and
				  104.208,
				  the Board may order the petitioner to supplement the information contained in
				  the petition. Filings made in response to the order constitute an amended
				  petition for the purposes of calculating the decision deadline under Section
				  104.232.
				  Alternatively, under Section
				  104.230,
				  the Board may dismiss the petition for lack of sufficient information. Failure
				  of the Board to require supplemental information does not preclude a later
				  finding that the information provided is insufficient to support grant of
				  variance, or constitute a Board decision on the merits of the
				  petition.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart B - VARIANCES › Section 104.230 - Dismissal of Petition

Current through Register Vol. 48, No. 28, July 12, 2024
A petition is subject to dismissal if the Board determines
				  that:
a) The petition requests relief
				that the Board is not empowered to grant;
b) The petition fails to comply with the
				requirements of 35 Ill. Adm. Code 101. Subpart C and Sections
				104.202,
				104.204,
				104.206
				and
				104.208;
c) The petitioner fails to timely comply with
				any order issued by the Board or the hearing officer, including an order
				requiring additional information under Section 104.228; or
d) The petitioner is not subject to the rule
				or regulation, requirement, or order of the Board at issue.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart B - VARIANCES › Section 104.232 - Calculation of Decision Deadline

Current through Register Vol. 48, No. 28, July 12, 2024
a) Under Section 38(a) of the Act, the Board
				will render its final decision on the petition within 120 days after the date
				of filing of the petition or the receipt of a request for hearing under Section
				37(a) of the Act, whichever is later, except:
1) When the petitioner waives its right to a
				decision within the prescribed decision period in accordance with 35 Ill. Adm.
				Code 101. Subpart C;
2) When the
				petitioner files an amended petition for variance under this Subpart, the
				decision period recommences from the date of filing of the amended petition;
				or
3) When a hearing is canceled
				under 35 Ill. Adm. Code
				101.510.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart B - VARIANCES › Section 104.234 - Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
The Board will order a hearing on a variance petition
				  if:
a) A hearing is requested by the
				petitioner at the time of initial filing on the associated form or in writing,
				which is filed and served in accordance with 35 Ill. Adm. Code 101. Subpart
				C;
b) A hearing is requested in a
				response or amended petition;
c)
The Board, in its discretion, concludes that a hearing would be
				advisable
[
				415 ILCS
				5/37(a) ];
d)
The Agency or any other person
				files a written objection to the grant of such variance within 21 days
after the publication of the petitioner's notice under Section
				104.214,
together with a written request for hearing
[
				415 ILCS
				5/37(a) ]; or
e) The request concerns a RCRA
				variance.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart B - VARIANCES › Section 104.236 - Hearing Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
Hearings will be conducted under 35 Ill. Adm. Code 101.
				  Subpart F, except that:
a) Hearings
				may be canceled by a motion filed in accordance with 35 Ill. Adm. Code
				101.510
				at the discretion of the hearing officer.
b) If all parties and participants who have
				requested a hearing under this Subpart have withdrawn their requests for a
				hearing, the hearing will not be held unless the Board in its discretion deems
				it advisable.
c) The hearing on a
				RCRA variance petition will be held, whenever possible, at a location
				convenient to the population center that is closest to the facility.
d) The hearing officer will give notice of
				RCRA hearings to the following persons:
1) Any
				person in the county in which the installation or property for which variance
				is sought is located who has in writing requested notice of variance petitions
				and the State's attorney of the county;
2) The Chairman of the county board of the
				county;
3) Each member of the
				General Assembly from the legislative district in which that installation or
				property is located;
4) Federal
				agencies as designated by USEPA;
5)
				Illinois Department of Transportation;
6) DNR;
7) Illinois Department of Public
				Health;
8) The Governor of any
				other state adjacent to the county in which the facility or pollution source is
				located;
9) Elected officials of
				any counties, in other states, adjacent to the county in which the facility or
				pollution source is located, and elected officials in any municipality, in
				another state, if it is the population center that is closest to the facility
				or pollution source; and
10)
				USEPA's Region V Director of Waste, Pesticides and Toxics Division.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart B - VARIANCES › Section 104.238 - Standard of Review

Current through Register Vol. 48, No. 28, July 12, 2024
a)
The Board may grant individual variances beyond the limitations
				prescribed by the Act, whenever it is found, upon presentation of adequate
				proof, that compliance with any rule or regulation, requirement or order of the
				Board would impose an arbitrary or unreasonable hardship.
[
				415 ILCS
				5/35(a) ] The burden of proof in a
				variance proceeding is on the petitioner.
b) In addition to subsection (a) the Board
				may grant a RCRA variance only to the extent consistent with, and with
				conditions no less stringent than, those that would be required by RCRA and 40
				CFR 260, 261, 262, 263, 264, 265, 266, 267, 268, and 270. Variances must
				require compliance with the regulations in the shortest practicable
				time.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart B - VARIANCES › Section 104.240 - Certificate of Acceptance

Current through Register Vol. 48, No. 28, July 12, 2024
The Board's order granting a variance will include a
				  certificate of acceptance. The certificate constitutes acceptance of the
				  variance and its conditions by the petitioner. A variance and its conditions
				  are not binding upon the petitioner until the executed certificate is filed
				  with the Board and served on the Agency. Failure to timely file the executed
				  certificate with the Board and serve a copy on the Agency renders the variance
				  void. However, execution of the certificate is not necessary prior to seeking
				  reconsideration under 35 Ill. Adm. Code 101. Subpart I, or appeal under Section
				  104.244.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart B - VARIANCES › Section 104.242 - Term of Variance

Current through Register Vol. 48, No. 28, July 12, 2024
Except as provided by Section 38(a) of the Act, any
				  variance granted pursuant to the provisions of this part shall be for such
				  period of time, not exceeding five years, as shall be specified by the Board at
				  the time of the grant of such variance, and upon the condition that the person
				  who receives such variance shall make such periodic progress reports as the
				  Board shall specify. Such variance may be extended from year to year by
				  affirmative action of the Board, but only if satisfactory progress is
				  shown.
[
				  415 ILCS
				  5/36(b) ]
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart B - VARIANCES › Section 104.244 - Variance Conditions

Current through Register Vol. 48, No. 28, July 12, 2024
In granting a variance the Board may impose such
				  conditions as the policies of the Act may require
[
				  415 ILCS
				  5/36(a) ]. In a RCRA variance the
				  Board may direct the Agency to issue or modify a RCRA permit with conditions
				  that may be set forth specifically in the order, or that may consist of general
				  guidelines to be followed by the Agency, together with applicable regulations,
				  in issuing a permit.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart B - VARIANCES › Section 104.246 - Performance Bonds

Current through Register Vol. 48, No. 28, July 12, 2024
If the hardship complained of consists solely of the
				  need for a reasonable delay in which to correct a violation of the Act or of
				  the Board regulations, the Board shall condition the grant of such variance
				  upon the posting of sufficient performance bond or other security to assure the
				  completion of the work covered by the variance. The original amount of such
				  performance bond shall not exceed the reasonable cost of the work to be
				  completed pursuant to the variance. The obligation under such bond shall at no
				  time exceed the reasonable cost of work remaining pursuant to the
				  variance.
[
				  415 ILCS
				  5/36(a) ]
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart B - VARIANCES › Section 104.248 - Objection to Conditions

Current through Register Vol. 48, No. 28, July 12, 2024
The Board may include such conditions in granting a
				  variance and may adopt such rules and regulations as the policies of the Act
				  may require. If an objection is made to a variance condition, the Board shall
				  reconsider the condition within not more than 75 days from the date of the
				  objection.
[
				  415
				  ILCS 5/41(b) ] An objection to a
				  specific variance condition may be made by filing a motion under 35 Ill. Adm.
				  Code 101. Subpart E within 35 days after the receipt of the Board's opinion and
				  order containing the objectionable condition.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart C - PROVISIONAL VARIANCES › Section 104.300 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart applies to any person seeking a provisional
				  variance from the Agency under Title IX of the Act. This Subpart must be read
				  in conjunction with 35 Ill. Adm. Code 101 and this Part. In the event of
				  conflict between this Subpart and the requirements of 35 Ill. Adm. Code 101,
				  the requirements of this Subpart apply.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart C - PROVISIONAL VARIANCES › Section 104.302 - Agency Action

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency shall grant provisional variances whenever it is
				  found, upon presentation of adequate proof, that compliance on a short term
				  basis with any rule or regulation, requirement or order of the Board, or with
				  any permit requirement, would impose an arbitrary or unreasonable hardship
				  [415 ILCS
				  5/35(b) ]
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart C - PROVISIONAL VARIANCES › Section 104.304 - Initiating a Request

Current through Register Vol. 48, No. 28, July 12, 2024
Any person seeking a provisional variance pursuant
				  to
Section 35(b) of the Act and 35 Ill. Adm. Code 180
shall
				  make a request to the Agency. The Agency shall promptly investigate and
				  consider the merits of the request. If the Agency fails to take final action
				  within 30 days after receipt of the request for a provisional variance, or if
				  the Agency denies the request
,
the person may initiate
				  a
variance proceeding with the Board under Subpart B. [
				  415 ILCS
				  5/37(b) ]
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart C - PROVISIONAL VARIANCES › Section 104.306 - Filing and Notice

Current through Register Vol. 48, No. 28, July 12, 2024
If the Agency grants a provisional variance, the Agency must
				  promptly file a copy of its written decision with the Board, and shall give
				  prompt notice of its action to the public by issuing a press release for
				  distribution to newspapers of general circulation in the county. The Clerk will
				  maintain for public inspection copies of all provisional variances filed with
				  the Board by the Agency. [415 ILCS
				  5/37(b) ]
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart C - PROVISIONAL VARIANCES › Section 104.308 - Term

Current through Register Vol. 48, No. 28, July 12, 2024
Any provisional variance granted by the Agency pursuant to
				  subsection (b) of Section 35 of the Act shall be for a period of time not to
				  exceed 45 days. A provisional variance may be extended up to an additional 45
				  days by written decision of the Agency. The provisional variances granted to
				  any one person shall not exceed a total of 90 days during any calendar year.
				  [415 ILCS
				  5/36(c) ]
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart D - ADJUSTED STANDARDS › Section 104.400 - General

Current through Register Vol. 48, No. 28, July 12, 2024
a) Description. An
				adjusted standard has the effect of an environmental regulation that would
				apply to petitioner, if granted, in lieu of the general regulation that would
				otherwise be applicable to a petitioner and the regulated community.
b) Applicability. This Subpart will apply to
				any person seeking an adjusted standard under Section 28.1 of the Act. This
				includes an adjusted standard sought under 35 Ill. Adm. Code
				212.126
				and 35 Ill. Adm. Code 720. This Subpart must be read in conjunction with 35
				Ill. Adm. Code Part 101 which contains procedures generally applicable to all
				adjudicatory proceedings before the Board. In the event of a conflict between
				the requirements of 35 Ill. Adm. Code 101 and those of this Subpart, the
				provisions of this Subpart apply.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart D - ADJUSTED STANDARDS › Section 104.402 - Initiation of Proceeding

Current through Register Vol. 48, No. 28, July 12, 2024
A person may initiate an adjusted standard proceeding by
				  filing a petition that meets the requirements of Section
				  104.406
				  of this Part. A petition for an adjusted standard (petition) may be filed
				  either jointly with the Agency or singly under the filing requirements of 35
				  Ill. Adm. Code 101. If filed singly, the petitioner must also serve the
				  petition upon the Agency in accordance with 35 Ill. Adm. Code 101.
				  Additionally, a person may file a petition and request the Agency to join as a
				  co-petitioner as set forth in Section
				  104.404.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart D - ADJUSTED STANDARDS › Section 104.404 - Request to Agency to Join as Co-Petitioner

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency may, in its discretion, act as
				a co-petitioner in any adjusted standard proceeding.
b) Any person may request Agency assistance
				in initiating a petition for adjusted standard. The Agency may require the
				person to submit to the Agency any background information in the person's
				possession relevant to the adjusted standard that is sought.
c) Discretionary decisions made by the Agency
				under this Section are not appealable to the Board.
d) Subsequent to the filing of the petition
				and prior to hearing, the Board will grant the Agency co-petitioner status upon
				joint motion of the Agency and the petitioner who originally filed the
				petition.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart D - ADJUSTED STANDARDS › Section 104.408 - Petition Notice Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a)
The petitioner shall submit to the
				Board proof that, within 14 days after the filing of the petition, it has
				published notice of the filing of the petition by advertisement in a newspaper
				of general circulation in the area likely to be affected
by the
				petitioner's activity that is the subject of the adjusted standard proceeding.
				[ 415 ILCS
				5/28.1 ]
b) The title of the notice must be in the
				form as follows: "Notice of Petition by (petitioner's name) for an Adjusted
				Standard before the Illinois Pollution Control Board." The information in the
				notice must be presented so as to be understood in accordance with the context
				of this Section's requirements. The notice must contain:
1) The name and address of the petitioner and
				the statement that the petitioner has filed with the Board a petition for an
				adjusted standard;
2) The date upon
				which the petition was filed;
3)
				The Board docket number;
4) The
				regulatory standard (with appropriate Administrative Code citation) from which
				an adjusted standard is sought;
5)
				The proposed adjusted standard;
6)
				A general description of the petitioner's activity that is the subject of the
				adjusted standard proceeding, and the location of that activity; and
7) In the concluding portion of the notice:
"Any person may cause a public hearing to be held in the
				  above-described adjusted standard proceeding by filing a hearing request with
				  the Illinois Pollution Control Board within 21 days after the date of the
				  publication of this notice. The hearing request should indicate the docket
				  number for the adjusted standard proceeding, as found in this notice. The
				  hearing request must be mailed to the Clerk, Illinois Pollution Control Board,
				  100 W. Randolph Street, Suite 11-500, Chicago, Illinois 60601, or filed
				  electronically through COOL, located on the Board's website (
www.ipcb.state.il.us
)."
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart D - ADJUSTED STANDARDS › Section 104.410 - Proof of Petition Notice Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
Within 30 days after the filing of the petition, the
				  petitioner must file a certificate of publication, issued by the publisher of
				  the petition notice certifying the publication of that notice. The certificate
				  must be issued in accordance with Section 1 of the Notice by Publication Act
				  [715 ILCS
				  5/1 ].
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart D - ADJUSTED STANDARDS › Section 104.412 - Effect of Filing a Petition: Stay

Current through Register Vol. 48, No. 28, July 12, 2024
a) If any person files a petition for an
				individual adjusted standard in lieu of complying with the applicable
				regulation within 20 days after the effective date of the regulation, the
				operation of the regulation shall be stayed as to such person pending the
				disposition of the petition; provided, however, that the operation of any
				regulation shall not be stayed if that regulation was adopted by the Board to
				implement, in whole or in part, the requirements of the federal Clean Air Act,
				Safe Drinking Water Act or Comprehensive Environmental Response, Compensation,
				and Liability Act, or the State RCRA, UIC or NPDES programs. [415 ILCS
				5/28.1(e) ]
b) Within 20 days after the effective date of
				any regulation that implements in whole or in part the requirements of the
				Clean Air Act, if any person files a petition for an individual adjusted
				standard in lieu of complying with the regulation, such source will be exempt
				from the regulation until the Board makes a final determination on the
				petition. If the regulation adopted by the Board from which the individual
				adjusted standard is sought replaces a previously adopted Board regulation, the
				source shall be subject to the previously adopted Board regulation until final
				action is taken by the Board on the petition. [415 ILCS
				5/28.1(f) ]
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart D - ADJUSTED STANDARDS › Section 104.414 - Dismissal of Petition

Current through Register Vol. 48, No. 28, July 12, 2024
The Board may at any time dismiss a petition for any of the
				  following reasons:
a) The Board
				determines that the petition is frivolous, duplicative, or deficient with
				respect to the requirements of Sections
				104.406,
				104.408,
				and
				104.410;
				or
b) The Board determines that the
				petitioner is not pursuing disposition of the petition in a timely
				manner.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart D - ADJUSTED STANDARDS › Section 104.416 - Agency Recommendation and Petitioner Response

Current through Register Vol. 48, No. 28, July 12, 2024
a) Unless otherwise ordered by the hearing
				officer or the Board, the recommendation must be filed with the Board within 45
				days after the filing of the petition or amended petition, or where a hearing
				has been scheduled, at least 30 days before hearing, whichever is earlier. The
				recommendation must set forth the rationale for the Agency's position and may
				present any information which the Agency believes is relevant to the Board's
				consideration of the proposed adjusted standard. If the Agency recommends a
				denial of the petition due to informational deficiencies within the petition,
				the recommendation must identify the types of information needed to correct the
				deficiencies.
b) At a minimum, the
				Agency must address and respond to the petition with respect to each issue
				raised by the requirements of Section
				104.406(a) through
				(j).
c) The recommendation must cite to supporting
				documents or legal authorities whenever they are used as a basis for the
				Agency's conclusion. Relevant portions of the documents and legal authorities
				other than Board decisions, State regulations, statutes and reported cases must
				be appended to the recommendation if not already in the record of the
				proceeding.
d) The petitioner may
				file a response to the recommendation within 14 days after the date of service
				of the recommendation.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart D - ADJUSTED STANDARDS › Section 104.418 - Amended Petition, Amended Recommendation, and Amended Response

Current through Register Vol. 48, No. 28, July 12, 2024
a) Amended
				Petition. The petitioner may amend its petition at any time. The amendment must
				be in writing and filed with the Board unless made orally at hearing. If the
				petitioner amends the petition so that the amendment is a substantive change to
				the requested relief in that it requests additional or alternative relief,
				petitioner must re-notice the amended petition under Section
				104.408.
b) Amended Recommendation. The Agency may
				amend its recommendation at any time, even if the petitioner has not amended
				its petition, if the amendment does not cause material prejudice. The amendment
				must be in writing and filed with the Board unless made orally at
				hearing.
c) Amended Response. The
				petitioner may file a reply to a written amended recommendation within 14 days
				after the date of receipt of the amended recommendation or within 14 days after
				the hearing when the Agency orally amended its recommendation.
d) Written amendments to the petition or
				recommendations need not repeat the entire unchanged portion of the original
				filing provided that a sufficient portion of the original filing is repeated so
				that the context of the amendment is made clear.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart D - ADJUSTED STANDARDS › Section 104.419 - Insufficient Petition

Current through Register Vol. 48, No. 28, July 12, 2024
If the Board finds the petition fails to contain information
				  required by Section
				  104.406,
				  the Board may order the petitioner to supplement the information contained in
				  the petition through its own order or through a hearing officer order. Filings
				  made in response to the order constitute an amended petition and will be
				  subject to requirements of Section
				  104.418.
				  Alternatively, under Section
				  104.414,
				  the Board may dismiss the petition for lack of sufficient information. Failure
				  of the Board to require supplemental information does not preclude a later
				  finding that the information provided is insufficient to support grant of an
				  adjusted standard, or constitute a Board decision on the merits of the
				  petition.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart D - ADJUSTED STANDARDS › Section 104.420 - Request for Public Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Any person can request that a public hearing be held in an adjusted standard
				proceeding. The requests must be filed not later than 21 days after the date of
				the publication of the petition notice in accordance with Section
				104.408.
				Requests for hearing must make reference to the Board docket number assigned to
				the proceeding. A copy of each timely hearing request will be served upon the
				petitioner and Agency by the Clerk in accordance with 35 Ill. Adm. Code
				101.304(c).
				Public participation at the hearing must be in accordance with 35 Ill. Adm.
				Code
				101.110 and
				101.628.
b) Where all parties and participants who
				have requested a hearing under this Subpart have withdrawn their requests for a
				hearing, the hearing will not be held unless the Board in its discretion deems
				it advisable.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart D - ADJUSTED STANDARDS › Section 104.422 - Public Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				public hearing will be held and the Board will assign a hearing officer to an
				adjusted standard proceeding when:
1) The
				petitioner requests a hearing be held; or
2) The Board receives a hearing request by
				any person under Section
				104.420,
				not later than 21 days after the date of the publication of the petition notice
				in accordance with Section
				104.408;
				or
3) The Board
in its
				discretion determines that a hearing would be advisable
[
				415 ILCS
				5/28.1 ]; or
4) The adjusted standard is sought under 35
				Ill. Adm. Code
				212.126.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart D - ADJUSTED STANDARDS › Section 104.424 - Hearing Notice

Current through Register Vol. 48, No. 28, July 12, 2024
After receiving notification from the hearing officer of the
				  scheduled hearing date, the Clerk will cause the publication of a hearing in
				  accordance with Section 28.1 of the Act [
				  415 ILCS
				  5/28.1 ] and 35 Ill. Adm. Code 101.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart D - ADJUSTED STANDARDS › Section 104.426 - Burden of Proof

Current through Register Vol. 48, No. 28, July 12, 2024
The burden of proof in an adjusted standard proceeding is on
				  the petitioner.
a)
If the
				regulation of general applicability does not specify a level of justification
				required of a petitioner to qualify for an adjusted standard, the Board may
				grant individual adjusted standards whenever the Board determines, upon
				adequate proof by petitioner, that:
1)
factors relating to that
				petitioner are substantially and significantly different from the factors
				relied upon by the Board in adopting the general regulation applicable to that
				petitioner;
2)
the
				existence of those factors justifies an adjusted standard;
3)
the requested standard will not
				result in environmental or health effects substantially and significantly more
				adverse than the effects considered by the Board in adopting the rule of
				general applicability; and
4)
the adjusted standard is
				consistent with any applicable federal law.
[
				415 ILCS
				5/28.1(c) ]
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart D - ADJUSTED STANDARDS › Section 104.428 - Board Action

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Board may grant an adjusted standard
for persons who can justify such
				an adjustment consistent with Section 27(a) of
the
Act
. [
				415 ILCS
				5/28.1(a) ] In adopting adjusted
				standards, the Board may impose such conditions as may be necessary to
				accomplish the purposes of the Act.
b) Subsequent to the Board's adoption of an
				adjusted standard, the Board will publish, in the Environmental Register, the
				name of the petitioner, date of the Order that adopted the adjusted standard,
				and a brief narrative description of the adopted adjusted standard.
c)
Board orders and opinions shall be
				maintained for public inspection by the Clerk of the Board and a listing of all
				determinations made pursuant to
Section 28.1 of the Act
shall
				be published in the Illinois Register and the Environmental Register at the end
				of each fiscal year.
[
				415 ILCS
				5/28.1(d) ] Board opinions and orders
				will also be available from the Board's website.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart E - TIME-LIMITED WATER QUALITY STANDARDS (TLWQS) › Section 104.500 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Subpart
				sets forth procedures for obtaining a time-limited water quality standard
				(TLWQS). A TLWQS provides relief from water quality standards as set forth in
				35 Ill. Adm. Code 302 and 303.
b)
				For waters in the Great Lakes basin, petitioners must meet the requirements of
				both this Subpart and 40 CFR 132. When regulations in this Subpart and 40 CFR
				132 overlap, the more stringent regulation applies.
c) This Subpart must be read in conjunction
				with 35 Ill. Adm. Code 101. If the requirements of 35 Ill. Adm. Code 101 and
				those of this Subpart conflict, the provisions of this Subpart apply.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart E - TIME-LIMITED WATER QUALITY STANDARDS (TLWQS) › Section 104.505 - Applicability and Use

Current through Register Vol. 48, No. 28, July 12, 2024
a) A TLWQS
				proceeding is a non-adjudicatory proceeding.
b) A TLWQS may be adopted for a single
				discharger, multiple dischargers, a watershed, a water body, or a waterbody
				segment.
c) The extent and coverage
				of TLWQS will be set forth in the Board's order (see Section 104.565
				).
d) A TLWQS, once adopted by the
				Board and approved by USEPA, will be the applicable standard for the purposes
				of the Clean Water Act in developing NPDES permit limits and requirements under
				35 Ill. Adm. Code 309 for the term of the TLWQS. Any limitations and
				requirements necessary to implement the TLWQS will be included as enforceable
				conditions of the NPDES permit for any permittee granted coverage under the
				TLWQS by the Board or Agency.
e)
				The Agency may use an approved TLWQS when issuing certifications under section
				401 of the Clean Water Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart E - TIME-LIMITED WATER QUALITY STANDARDS (TLWQS) › Section 104.510 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
If any provision of this Subpart or its application to any
				  person is adjudged invalid, the adjudication will not affect the validity of
				  any other provision of this Subpart or the validity of this Subpart as a
				  whole.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart E - TIME-LIMITED WATER QUALITY STANDARDS (TLWQS) › Section 104.515 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Unless otherwise
				defined in subsection (b), words have the definitions provided in the
				Environmental Protection Act (Act) [ 415 ILCS 5 ] and 35 Ill. Adm. Code
				101.Subpart B.
b) The following
				definitions apply to this Subpart:
"Act" means the Environmental Protection Act [ 415 ILCS 5
				  ].
"Best Management Practices" or "BMPs" means methods, measures
				  or practices selected to meet nonpoint source control needs. BMPs include
				  structural and nonstructural controls and operation and maintenance procedures.
				  BMPs can be applied before, during and after pollution-producing activities to
				  reduce or eliminate the introduction of pollutants into receiving
				  waters.
"Highest Attainable Use" is the modified aquatic life,
				  wildlife, or recreational use that is both closest to the uses specified in
				  section 101(a)(2) of the Clean Water Act and attainable based on the evaluation
				  of the factors in
				  40 CFR
				  131.10(g) that precludes
				  attainment of the use and any other information or analyses that were used to
				  evaluate attainability. There is no required highest attainable use when the
				  State demonstrates the relevant use specified in section 101(a)(2) of the Clean
				  Water Act and all the subcategories of such a use are not attainable.
"Non-101(a)(2) Use" is any use unrelated to the protection
				  and propagation of fish, shellfish, wildlife, or recreation in or on the
				  water.
"Pollutant Minimization Program", in the context of this
				  Part, means a structured set of activities to improve processes and pollutant
				  controls that will prevent and reduce pollutant loading.
"Substantial Compliance" means compliance with substantial or
				  essential content requirements of
				  40 CFR
				  131.14, Section 38.5 of the Act, and Section
				  104.530 of this Part.
"Time-Limited Water Quality Standard" or "TLWQS" means a
				  time-limited designated use and criterion for a specific pollutant or water
				  quality parameter that reflects the highest attainable condition during the
				  term of that relief.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart E - TIME-LIMITED WATER QUALITY STANDARDS (TLWQS) › Section 104.520 - General Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				TLWQS may be sought for multiple uses and multiple parameters by:
1) persons who file with the Board a petition
				for a TLWQS under Section 38.5 of the Act; and
2) persons who had a pending petition on
				February 24, 2017 for a variance from a water quality standard under Section 35
				of the Act converted into a petition for a TLWQS under Section 38.5 of the
				Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart E - TIME-LIMITED WATER QUALITY STANDARDS (TLWQS) › Section 104.525 - Stay

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				effectiveness of a water quality standard from which relief is sought is stayed
				as to the following persons from the effective date of the water quality
				standard until the stay is terminated as provided in this Section:
1) Any person who had a petition for a
				variance seeking relief from a water quality standard under Section 35 of the
				Act converted into a petition for a TLWQS under Section 38.5 of the
				Act;
2) Any person who files a
				petition for a TLWQS within 35 days after the effective date of the water
				quality standard from which relief is sought; and
3) Any person who files a petition for a
				TLWQS before the deadline established in a Board order under Section 104.540.
				This person must be a member of a class of dischargers that has filed a TLWQS
				petition under Section 104.525(a)(1) or (a)(2) and that has been identified in
				the Board's final order under Section 104.540.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart E - TIME-LIMITED WATER QUALITY STANDARDS (TLWQS) › Section 104.530 - Petition Contents

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
				TLWQS petitions or amended petitions must include:
1) A statement indicating the type of TLWQS
				sought:
A) single discharger;
B) multiple discharger; or
C) watershed, water body, or waterbody
				segment;