reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart E - TIME-LIMITED WATER QUALITY STANDARDS (TLWQS) › Section 104.535 - Agency Response

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Agency must file a response with the Board within 21 days after the filing of
				the initial petition.
b) The Agency
				response must:
1) identify the discharger or
				classes of dischargers, including applicable permit numbers, affected by the
				water quality standard or standards from which relief is sought in the
				petition;
2) identify the
				watershed, water bodies, or waterbody segments, including the receiving stream,
				affected by the water quality standard or standards from which relief is sought
				in the petition;
3) identify the
				appropriate type of TLWQS, based on factors such as the nature of the
				pollutant, the condition of the affected water body, and the number and type of
				dischargers; and
4) recommend
				prompt deadlines by which each class of dischargers identified in subsection
				(b)(1) must file a petition in substantial compliance with Section 104.530 to
				stay the effectiveness of a water quality standard or standards under Section
				104.525.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart E - TIME-LIMITED WATER QUALITY STANDARDS (TLWQS) › Section 104.540 - Board Established Classes and Deadlines

Current through Register Vol. 48, No. 28, July 12, 2024
Within 30 days after receipt of a response from the Agency
				  under Section 104.535, the Board will enter a final order that identifies the
				  discharger, multiple discharger, watershed, water body, or waterbody segment to
				  which the TLWQS applies, establishes the discharger or classes of dischargers
				  that may be covered by the TLWQS, and establishes prompt deadlines by which the
				  discharger and dischargers in the identified classes must, for the purposes of
				  the stay, file with the Board either:
a) a petition for a TLWQS if the petition has
				not been previously filed; or
b) an
				amended petition for a TLWQS if the petition has been previously filed and it
				is necessary to file an amended petition to maintain a stay under Section
				104.525.
BOARD NOTE: The Board retains the authority to extend
				  deadlines adopted under Section 104.540 upon a showing of good cause by the
				  petitioner.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart E - TIME-LIMITED WATER QUALITY STANDARDS (TLWQS) › Section 104.545 - Substantial Compliance Assessment

Current through Register Vol. 48, No. 28, July 12, 2024
a) As soon as practicable after entering an
				order under Section 104.540, the Board will conduct an evaluation of the
				petition to assess its substantial compliance with Section 104.530.
b) If the Board determines in a final order
				that the petition is in substantial compliance, the Agency must file a
				recommendation under Section 104.550.
c) If the Board determines in an interim
				order that the petition or amended petition is not in substantial compliance,
				the Board will identify the deficiencies in the petition or amended petition
				that must be corrected for the petition to be in substantial compliance with
				Section 104.530.
d) If
				effectiveness of the water quality standard from which relief is sought is
				stayed under Section 104.525 and the Board determines in an interim order that
				the petition or amended petition is not in substantial compliance with Section
				104.530:
1) the petitioner must file an
				amended petition by the deadlines adopted by the Board under Section 104.540;
				and
2) the Board will enter, after
				the deadlines established under Section 104.540, a final order that states
				whether the amended petition is in substantial compliance with Section
				104.530.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart E - TIME-LIMITED WATER QUALITY STANDARDS (TLWQS) › Section 104.550 - Recommendation and Response

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Unless otherwise ordered by the hearing officer or the Board, the Agency must
				file a recommendation with the Board within 45 days after the Board determines
				that a petition is in substantial compliance under Section 104.545.
b) At a minimum, the Agency's recommendation
				must include:
1) An analysis of:
A) whether the petitioner made its
				demonstration under Section 104.560, including the petitioner's proposed
				highest attainable condition;
B)
				whether the proposed TLWQS is consistent with applicable federal laws and
				regulations and satisfies the requirements of Section 38.5 of the Act and this
				Part; and
C) eligibility criteria
				to be adopted by the Board to be used at the time of renewal or modification of
				an individual's federal NPDES permit or at the time an individual files an
				application for certification under section 401 of the federal Clean Water Act
				to obtain coverage under a Board-approved TLWQS, when applicable;
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart E - TIME-LIMITED WATER QUALITY STANDARDS (TLWQS) › Section 104.555 - Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Board will
				hold a public hearing on the petition.
b) Hearing Notice
1) The hearing officer will schedule the
				hearing and give the petitioner, participants, and persons on the notice list
				(see Section 104.520(b)(4) ) at least 45 days' written notice of a
				hearing.
2) The Clerk will
				publicize notice, both on the Board's website and in a newspaper of general
				circulation in the county where the facility or pollution source is located, at
				least 45 days prior to the hearing.
3) The notice will identify the matters to be
				discussed at the hearing and will include information on the availability of
				relevant materials and procedures for obtaining further information.
4) For a watershed, water body, or waterbody
				segment TLWQS, the notice will include the Board hearing officer's contact
				information and a link to a website where supporting documentation can be found
				concerning any cost-effective and reasonable BMPs for nonpoint source controls
				that the petition or amended petition identifies and that could be implemented
				to make progress towards attaining the underlying designated use and
				criterion.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart E - TIME-LIMITED WATER QUALITY STANDARDS (TLWQS) › Section 104.560 - Demonstration

Current through Register Vol. 48, No. 28, July 12, 2024
a) For a TLWQS to a
				use specified in section 101(a)(2) of the Clean Water Act or a subcategory of
				such a use, the petitioner must provide justification that attainment of the
				designated use and criterion is not feasible for the proposed term of the TLWQS
				because of one of the following factors:
1)
				Naturally occurring pollutant concentrations prevent the attainment of the
				designated use;
2) Natural,
				ephemeral, intermittent, or low flow conditions or water levels prevent the
				attainment of the designated use, unless these conditions can be compensated
				for to enable uses to be met by discharging a sufficient volume of effluent
				without violating State water conservation requirements;
3) Human-caused conditions or sources of
				pollution prevent the attainment of the designated use and either cannot be
				remedied or would cause more environmental damage to correct than to leave in
				place;
4) Dams, diversions or other
				types of hydrologic modifications preclude the attainment of the designated
				use, and it is not feasible to restore the water body to its original condition
				or to operate that modification in a way that would result in the attainment of
				the designated use;
5) Physical
				conditions related to the natural features of the water body, such as the lack
				of a proper substrate, cover, flow, depth, pools, riffles, and the like,
				unrelated to water quality, preclude attainment of aquatic life protection
				uses;
6) Controls more stringent
				than those required by sections 301(b) and 306 of the Clean Water Act would
				result in a substantial and widespread negative economic and social impact on
				the public; or
7) Actions necessary
				to facilitate lake, wetland, or stream restoration through dam removal or other
				significant reconfiguration activities preclude attainment of the designated
				use and criterion while the actions are being implemented.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart E - TIME-LIMITED WATER QUALITY STANDARDS (TLWQS) › Section 104.570 - USEPA Review

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Before a TLWQS becomes effective for Clean Water Act purposes, the Agency must
				submit the TLWQS to USEPA and obtain USEPA's approval in compliance with
				section 303(c) of the Clean Water Act and
				40 CFR
				131.20 and
				131.21.
b) The Agency must file USEPA's decision with
				the Board as soon as practicable.
c) If USEPA disapproves of a Board-adopted
				TLWQS, the petitioner may file a petition to modify a TLWQS.
1) The petition to modify must address all
				deficiencies raised by USEPA and must be served on all parties to the Board's
				proceeding adopting the TLWQS.
2)
				The Board will automatically incorporate the record from the Board's proceeding
				adopting the TLWQS.
3) The Board
				will accept public comments for at least 21 days after a petition to modify is
				filed.
4) The Board may hold a
				hearing if it concludes, in its discretion, that a hearing would be
				advisable.
5) Unless otherwise
				ordered by the hearing officer or Board, the Agency must file a recommendation
				with the Board within 45 days after the petition to modify is filed with the
				Board.
6) Any order issued by the
				Board modifying a previously granted TLWQS is subject to Section
				104.565.
7) The Agency must submit
				any order issued by the Board modifying a previously granted TLWQS to USEPA for
				review and approval as soon as practicable. As required in subsection (b), the
				Agency must file USEPA's decision with the Board. The petitioner may file a
				petition to modify under this subsection (c) in response to any further USEPA
				disapproval.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart E - TIME-LIMITED WATER QUALITY STANDARDS (TLWQS) › Section 104.575 - Coverage Under Board-Approved Time-Limited Water Quality Standards

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any discharger
				that has not obtained a TLWQS may obtain coverage under a Board-approved TLWQS
				by satisfying, at the time of renewal or modification of that person's NPDES
				permit, or at the time the person files an application for certification under
				section 401 of the federal Clean Water Act, the Board-approved criteria for
				coverage under the TLWQS.
b) Any
				applicant obtaining coverage under a Board-approved TLWQS must comply with the
				requirements and conditions that apply throughout the term of the TLWQS
				established under Section 104.565(d).
c) Any applicant obtaining coverage under a
				Board-approved TLWQS must participate in any re-evaluations conducted under
				Section 104.580.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart E - TIME-LIMITED WATER QUALITY STANDARDS (TLWQS) › Section 104.580 - Re-evaluation

Current through Register Vol. 48, No. 28, July 12, 2024
a) Proposed
				Re-evaluation. When a TLWQS has a term greater than five years and the Board
				accordingly sets a schedule for re-evaluation:
1) The petitioner and any person granted
				coverage under Section 104.575 must file its proposed re-evaluation with the
				Board according to the re-evaluation frequency set forth in the Board's order
				adopting the TLWQS under Section 104.565(d)(7).
2) For a multiple discharger, watershed,
				water body, or waterbody segment TLWQS, discharger specific information must be
				provided individually.
3)
				Petitioner must serve one copy of the proposed re-evaluation on the Agency,
				each participant, and each member of the notice list maintained by the Board
				under Section 104.520(b)(4).
4) The
				proposed re-evaluation must assess the highest attainable condition using all
				existing and readily available information.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart E - TIME-LIMITED WATER QUALITY STANDARDS (TLWQS) › Section 104.585 - Appeal Rights

Current through Register Vol. 48, No. 28, July 12, 2024
Any person who is adversely affected or threatened by
				  a final Board order entered
under this Subpart
may obtain
				  judicial review of the Board order by filing a petition for review within 35
				  days after the date the Board order was served on the person affected by the
				  order, under the provisions of the Administrative Review Law
[ 735
				  ILCS 5 /Art. III]
, and the rules adopted pursuant thereto, except that
				  review shall be afforded directly in the appellate court for the district in
				  which the cause of action arose and not in the circuit court. For purposes of
				  judicial review under this
Section
, a person is deemed to have
				  been served with the Board's final order on the date on which the order is
				  first published by the Board on its website.
[
				  415 ILCS
				  5/38.5(j) ]
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart E - TIME-LIMITED WATER QUALITY STANDARDS (TLWQS) › Section 104.590 - Extension

Current through Register Vol. 48, No. 28, July 12, 2024
a) If, at the end
				of the term of the TLWQS, the underlying designated use remains unattainable,
				the petitioner may seek an extension of an existing TLWQS, consistent with the
				requirements of this Subpart.
b) A
				petition to extend a TLWQS previously granted by the Board is a new petition
				for a TLWQS before the Board, and must be filed in compliance with this Subpart
				and 35 Ill. Adm. Code 101.Subpart C, including payment of the filing fee under
				Section 104.520(c) and 35 Ill. Adm. Code
				101.302(e).
c) In addition to the requirements of Section
				104.530, the petition for extension of the TLWQS must contain:
1) A detailed explanation showing that
				satisfactory progress toward attaining the designated use has been made during
				the term of the prior TLWQS and that additional time is needed to make further
				progress;
2) A demonstration of
				whether conditions have changed such that the designated use and criterion are
				not attainable;
3) A demonstration
				of whether new or additional information has become available to indicate that
				the designated use and criterion are not attainable in the future;
4) Documentation showing that the
				requirements and conditions established by the Board that applied throughout
				the term of the prior TLWQS have been fully met, or, if any requirement or
				condition has not been fully met, a detailed explanation of the reason or
				reasons that the requirement has not been fully met; and
5) A motion to incorporate any material from
				the record of the prior TLWQS proceeding, in compliance with 35 Ill. Adm. Code
				101.306.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 105 - APPEALS OF FINAL DECISIONS OF STATE AGENCIES › Subpart A - GENERAL PROVISIONS › Section 105.100 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Part
				applies to appeals of final decisions of the Agency and the OSFM to the Board
				as described in this Part.
b) This
				Part must be read in conjunction with 35 Ill. Adm. Code 101, which contains
				procedures generally applicable to all of the Board's adjudicatory proceedings.
				In the event of a conflict between the requirements of 35 Ill. Adm. Code 101
				and those of this Part, the provisions of this Part apply.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 105 - APPEALS OF FINAL DECISIONS OF STATE AGENCIES › Subpart A - GENERAL PROVISIONS › Section 105.102 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
If any provision of this Part or its application to any
				  person is adjudged invalid, the adjudication does not affect the validity of
				  this Part as a whole or of any portion not adjudged invalid.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 105 - APPEALS OF FINAL DECISIONS OF STATE AGENCIES › Subpart A - GENERAL PROVISIONS › Section 105.104 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Act means the
				Illinois Environmental Protection Act [415 ILCS 5].
b) Non attainment New Source Review or NaNSR
				means Illinois' rules for Major Stationary Sources Construction and
				Modification (MSSCAM) at 35 Ill. Adm. Code 203.
c) Other words and terms will have the
				meanings as defined in 35 Ill. Adm. Code 101. Subpart B unless otherwise
				provided, or unless the context clearly indicates otherwise.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 105 - APPEALS OF FINAL DECISIONS OF STATE AGENCIES › Subpart A - GENERAL PROVISIONS › Section 105.106 - Computation of Time, Filing and Service Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
Unless this Part provides otherwise, service, filing, and
				  computation of time must be in accordance with 35 Ill. Adm. Code 101.Subpart
				  C.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 105 - APPEALS OF FINAL DECISIONS OF STATE AGENCIES › Subpart A - GENERAL PROVISIONS › Section 105.108 - 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 does not contain
				the informational requirements set forth in Section
				105.210,
				105.304,
				105.408,
				105.506,
				or 105.608;
b) The petition is
				untimely under Section
				105.206,
				105.302,
				105.404,
				105.504, or
				105.606;
c) The petitioner fails to
				timely comply with any order issued by the Board or the hearing officer,
				including an order requiring additional information;
d) The petitioner does not have standing
				under applicable law to petition the Board for review of the State agency's
				final decision; or
e) Other grounds
				exist that bar the petitioner from proceeding.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 105 - APPEALS OF FINAL DECISIONS OF STATE AGENCIES › Subpart A - GENERAL PROVISIONS › Section 105.110 - Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
Hearings will be conducted under 35 Ill. Adm. Code 101.
				  Subpart F, including any hearing held by video conference (see 35 Ill. Adm.
				  Code
				  101.600(b)
				  ).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 105 - APPEALS OF FINAL DECISIONS OF STATE AGENCIES › Subpart A - GENERAL PROVISIONS › Section 105.112 - Burden of Proof

Current through Register Vol. 48, No. 28, July 12, 2024
Unless this Part provides otherwise:
a)
The burden of proof shall be on
				the petitioner
except as provided in subsection (b). [415 ILCS
				5/40(a)(1), 40(b) and (e)(3),
				40.2(a), and 40.3(a)(2) ]
b) The
				burden of proof is on the Agency if
the Agency issues an NPDES permit
				that imposes limits which are based upon a criterion or denies a permit based
				upon application of a criterion, then the Agency shall have the burden of going
				forward with the basis for the derivation of those limits or criterion which
				were derived under the Board's rules.
[415 ILCS
				5/40(a)(1)]
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 105 - APPEALS OF FINAL DECISIONS OF STATE AGENCIES › Subpart A - GENERAL PROVISIONS › Section 105.114 - Calculation of Decision Deadline

Current through Register Vol. 48, No. 28, July 12, 2024
The Board will render its final decision on the petition
				  within any applicable decision period (which commences when the petition is
				  filed in accordance with 35 Ill. Adm. Code
				  101.300(b)(4)
				  ), except:
a) When the petitioner
				waives its right to a decision within the prescribed decision period in
				accordance with 35 Ill. Adm. Code 101.Subpart C; or
b) When the petitioner files an amended
				petition, the decision period recommences when the amended petition is filed in
				accordance with 35 Ill. Adm. Code
				101.300(b)(4).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 105 - APPEALS OF FINAL DECISIONS OF STATE AGENCIES › Subpart A - GENERAL PROVISIONS › Section 105.116 - Agency or OSFM Record Filing

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				State agency must file with the Board the entire record of the Agency's or
				OSFM's decision, as applicable, within 30 days after the filing of the petition
				for review, unless this Part provides otherwise, or the Board or hearing
				officer orders a different filing date. If the Agency or OSFM wishes to seek
				additional time to file its record, it must file a request for extension before
				the date on which its record is due to be filed. Under 35 Ill. Adm. Code
				101.302(h)(2),
				each agency must file its record through COOL or on compact disk or other
				portable electronic data storage device and, to the extent technically
				feasible, in text-searchable Adobe PDF. The record also must meet the
				requirements of 35 Ill. Adm. Code 101.Subpart J.
b) The Agency record or OSFM record, as
				applicable, must be arranged in chronological sequence, or by category of
				material and chronologically within each category, and must be sequentially
				numbered with the letter "R" placed before the number of each page. This page
				number must appear in the top right corner of each page. The Agency record or
				OSFM record must be certified by the applicable State agency. The certification
				must be entitled "Certificate of Record on Appeal". The Certificate must
				contain an index that lists the documents comprising the Agency record or OSFM
				record and shows the page numbers upon which each document starts and ends. The
				Certificate of Record must be served on all parties by the State
				agency.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 105 - APPEALS OF FINAL DECISIONS OF STATE AGENCIES › Subpart A - GENERAL PROVISIONS › Section 105.118 - Sanctions for Non-Compliant Filing of the Agency Record or the OSFM Record

Current through Register Vol. 48, No. 28, July 12, 2024
If the Agency or OSFM unreasonably fails to timely file its
				  record on or before the date required under this Part, or unreasonably fails to
				  prepare the record in accordance with this Part and 35 Ill. Adm. Code 101.
				  Subpart J, the Board may sanction the relevant State agency in accordance with
				  35 Ill. Adm. Code 101. Subpart H.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 105 - APPEALS OF FINAL DECISIONS OF STATE AGENCIES › Subpart B - APPEAL OF AGENCY PERMIT DECISIONS AND OTHER FINAL DECISIONS OF THE AGENCY › Section 105.200 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart applies to any appeal to the Board of the
				  Agency's final permit decisions and other final decisions of the Agency,
				  except:
a) When the appeal is of a
				final CAAPP decision of the Agency, which is addressed in Subpart C;
b) When the appeal is of a final leaking
				underground storage tank decision of the Agency, which is addressed in Subpart
				D; and
c) When the appeal is of a
				final PSD permit decision of the Agency, which is addressed in Subpart
				F.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 105 - APPEALS OF FINAL DECISIONS OF STATE AGENCIES › Subpart B - APPEAL OF AGENCY PERMIT DECISIONS AND OTHER FINAL DECISIONS OF THE AGENCY › Section 105.202 - Parties

Current through Register Vol. 48, No. 28, July 12, 2024
a) Petitioner. The
				person who files a petition for review of the Agency's final decision must be
				named the petitioner.
b)
				Respondent. The Agency must be named the respondent. If a petition is filed
				under Section
				105.204(b),
				(c), or (d) by a person other than the permit
				applicant, the permit applicant must be named as a respondent in addition to
				the Agency.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 105 - APPEALS OF FINAL DECISIONS OF STATE AGENCIES › Subpart B - APPEAL OF AGENCY PERMIT DECISIONS AND OTHER FINAL DECISIONS OF THE AGENCY › Section 105.204 - Who May File a Petition for Review

Current through Register Vol. 48, No. 28, July 12, 2024
a) General. If the Agency refuses to grant or
				grants with conditions a permit under Section 39 of the Act, the applicant may
				petition for a hearing before the Board to contest the decision of the Agency.
				[415 ILCS
				5/40(a)(1) ]
b) National Pollutant Discharge Elimination
				System (NPDES) Permit. If the Agency grants or denies a permit under subsection
				(b) of Section 39 of the Act, a third party, other than the permit applicant or
				Agency, may petition the Board for a hearing to contest the decision of the
				Agency [415 ILCS
				5/40(e)(1) ].
c) Resource Conservation and Recovery Act
				(RCRA) Permit for a Hazardous Waste Disposal Site. If the Agency grants a RCRA
				permit for a hazardous waste disposal site, a third party, other than the
				permit applicant or Agency, may petition the Board for a hearing to contest the
				issuance of the permit. This subsection does not apply to the granting of
				permits issued for the disposal or utilization of sludge from publicly-owned
				sewage works. [415 ILCS
				5/40(b) ]
d) Hazardous Waste Permit. Any party to an
				Agency proceeding conducted pursuant to Section 39.3 of the Act may petition as
				of right to the Board for review of the Agency's decision. [415 ILCS
				5/40(c) ]
e) EMSAs. If the Agency terminates an EMSA
				under Section 52.3 -4(b) of the Act, the sponsor may petition the Board for
				review of the Agency's final decision.
f) Other Agency Final Decisions. If the
				Agency's final decision is to deny or to conditionally grant or approve, the
				person who applied for or otherwise requested the Agency decision, or the
				person to whom the Agency directs its final decision, may petition the Board
				for review of the Agency's final decision. In addition, any third party
				authorized by law to appeal a final decision of the Agency to the Board may
				file a petition for review with the Clerk.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 105 - APPEALS OF FINAL DECISIONS OF STATE AGENCIES › Subpart B - APPEAL OF AGENCY PERMIT DECISIONS AND OTHER FINAL DECISIONS OF THE AGENCY › Section 105.206 - Time to File the Petition or Request for Extension

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as provided in subsection (b), if a
				person who may petition the Board under Section
				105.204
				wishes to appeal the Agency's final decision, the person must file the petition
				with the Clerk within 35 days after the date of service of the Agency's final
				decision.
b) If a person with
				standing as described in Section
				105.204(d),
				or any third party who is authorized by law to appeal a final decision of the
				Agency to the Board, wishes to appeal the Agency's final decision, the person
				must file a petition for review with the Clerk within 35 days after the date of
				issuance of the Agency's final decision.
c) Except as provided in subsection (d), if a
				person who may petition the Board under Section
				105.204
				of this Subpart wishes to request an extension of time to file a petition for
				review under Section
				105.208(a),
				the person must file the request within 35 days after the date of service of
				the Agency's final decision.
d) If
				a person with standing as described in Section
				105.204(d),
				or any third party who is authorized by law to appeal a final decision of the
				Agency to the Board, wishes to request an extension of time to file a petition
				for review under Section
				105.208(b),
				the person must file the request within 35 days after the date of issuance of
				the Agency's final decision.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 105 - APPEALS OF FINAL DECISIONS OF STATE AGENCIES › Subpart B - APPEAL OF AGENCY PERMIT DECISIONS AND OTHER FINAL DECISIONS OF THE AGENCY › Section 105.208 - Extension of Time to File a Petition for Review

Current through Register Vol. 48, No. 28, July 12, 2024
a) Permit or Other Agency Final Decision. For
				appeals under Section 40(a)(1) of the Act,
the 35-day period
described in Section
				105.206(a)
				of this Subpart
for petitioning for a hearing may be extended by the
				applicant for a period of time not to exceed 90 days by written notice provided
				to the Board from the applicant and the Agency within the initial appeal
				period.
[
				415 ILCS
				5/40(a)(1) ]
1) The applicant and the Agency must jointly
				file a request for extension within 35 days after the date of service of the
				Agency's final decision.
2) The
				joint request may seek an appeal period not exceeding 125 days from the date of
				service of the Agency's final decision to file a petition for review under this
				Subpart.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 105 - APPEALS OF FINAL DECISIONS OF STATE AGENCIES › Subpart B - APPEAL OF AGENCY PERMIT DECISIONS AND OTHER FINAL DECISIONS OF THE AGENCY › Section 105.210 - Petition Content Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
In addition to the requirements of 35 Ill. Adm. Code 101.
				  Subpart C, the petition must include:
a) The Agency's final decision or issued
				permit;
b) A statement specifying
				the date of issuance or service of the Agency's final decision or issued
				permit, as applicable under Section
				105.206;
c) A statement specifying the grounds of
				appeal; and
d) For petitions under
				Section
				105.204(b),
a demonstration that the petitioner raised the issues contained within
				the petition during the public notice period or during the
Agency
public hearing on the NPDES permit application, if
an Agency
public hearing was held, and a demonstration that the petitioner is so
				situated as to be affected by the permitted facility.
[415 ILCS
				5/40(e)(2)]
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 105 - APPEALS OF FINAL DECISIONS OF STATE AGENCIES › Subpart B - APPEAL OF AGENCY PERMIT DECISIONS AND OTHER FINAL DECISIONS OF THE AGENCY › Section 105.212 - The Agency Record

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Agency must file its entire Agency record of decision with the Clerk in
				accordance with Section
				105.116.
b) The Agency record must include:
1) Any permit application or other request
				that resulted in the Agency's final decision;
2) Correspondence with the petitioner and any
				documents or materials submitted by the petitioner to the Agency related to the
				permit application;
3) The permit
				denial letter that conforms to the requirements of Section 39(a) of the Act or
				the issued permit or other Agency final decision;
4) The Agency public hearing record of any
				Agency public hearing that may have been held before the Agency, including any
				transcripts and exhibits; and
5)
				Any other information the Agency relied upon in making its final
				decision.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 105 - APPEALS OF FINAL DECISIONS OF STATE AGENCIES › Subpart B - APPEAL OF AGENCY PERMIT DECISIONS AND OTHER FINAL DECISIONS OF THE AGENCY › Section 105.214 - Board Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Except as provided in subsections (b), (c) and (d), the Board will conduct a
				public hearing, in accordance with 35 Ill. Adm. Code 101.Subpart F, upon an
				appropriately filed petition for review. The hearing will be based exclusively
				on the Agency record before the Agency at the time the permit or decision was
				issued, unless the parties agree to supplement the Agency record under Section
				40(d) of the Act. If any party desires to introduce evidence before the Board
				with respect to any disputed issue of fact, the Board will conduct a separate
				hearing and receive evidence with respect to the issue of fact.
b) The Board will not hold a hearing on a
				petition for review under this Subpart if the Board disposes of the petition on
				a motion for summary judgment brought under 35 Ill. Adm. Code
				101.516.
c) The Board will not hold a hearing on a
				petition for review under Section
				105.204(c)
				if the Board determines that:
1) The petition
				is duplicative or frivolous; or
2)
				The petitioner is so located as to not be affected by the permitted
				facility.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 105 - APPEALS OF FINAL DECISIONS OF STATE AGENCIES › Subpart C - CAAPP PERMIT APPEALS › Section 105.300 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart applies to proceedings before the Board
				  concerning appeals from CAAPP final determinations made under Section 39.5 of
				  the Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 105 - APPEALS OF FINAL DECISIONS OF STATE AGENCIES › Subpart C - CAAPP PERMIT APPEALS › Section 105.302 - General Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				definitions of 35 Ill. Adm. Code
				101.202
				and Section 39.5 of the Act will apply to this Subpart unless otherwise
				provided, or unless the context clearly indicates otherwise.
b) If the Agency denies a CAAPP permit,
				permit modification, or permit renewal, it must provide to USEPA, the permit
				applicant and, upon request, affected states, any person who participated in
				the public comment process, and any other person who could obtain judicial
				review under Section 41(a) of the Act [415 ILCS
				5/41(a)] a copy of each notification
				of denial pertaining to the permit applicant.
c) The applicant, any person who participated
				in the public comment process under Section 39.5(8) of the Act, or any other
				person who could obtain judicial review under Section 41(a) of the Act may
				contest the decisions of the Agency enumerated in this subsection (c) by filing
				with the Clerk a petition for review of the Agency's action in accordance with
				this Section:
1) Denial of a CAAPP permit,
				including a permit revision or permit renewal, or a determination of
				incompleteness regarding a submitted CAAPP application;
2) Issuance of a CAAPP permit with one or
				more conditions or limitations;
3)
				Failure of the Agency to act on an application for a CAAPP permit, permit
				renewal, administrative permit amendment, or significant permit modification
				within the time frames specified in Section 39.5(5)(j) or Section 39.5(13) of
				the Act, as applicable; or
4)
				Failure of the Agency to take final action within 90 days after receipt of an
				application requesting minor permit modification procedures (or 180 days for
				modifications subject to group processing requirements) under Section 39.5(14)
				of the Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 105 - APPEALS OF FINAL DECISIONS OF STATE AGENCIES › Subpart C - CAAPP PERMIT APPEALS › Section 105.304 - Petition Content Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) The petition must include:
1) A concise description of the CAAPP source
				for which the permit is sought;
2)
				A statement of the Agency's decision or part thereof to be reviewed;
3) A justification as to why the Agency's
				decision or part thereof was in error; and
4) The other materials upon which the
				petitioner relies in its petition.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 105 - APPEALS OF FINAL DECISIONS OF STATE AGENCIES › Subpart D - APPEAL OF AGENCY LEAKING UNDERGROUND STORAGE TANK (LUST) DECISIONS › Section 105.400 - Parties

Current through Register Vol. 48, No. 28, July 12, 2024
a) Petitioner. The
				person who files a petition for review of the Agency's final decision made
				under Title XVI of the Act [
				415 ILCS 5/57
				through 57.19] (or under the former Section 22.18 b(g) of the Act) must be
				named as petitioner.
b) Respondent.
				The Agency must be named as the respondent.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 105 - APPEALS OF FINAL DECISIONS OF STATE AGENCIES › Subpart D - APPEAL OF AGENCY LEAKING UNDERGROUND STORAGE TANK (LUST) DECISIONS › Section 105.402 - Who May File a Petition for Review

Current through Register Vol. 48, No. 28, July 12, 2024
Any owner or operator may file a petition for review under
				  Section 40 of the Act [
				  415 ILCS 5/57
				  - 57.19 ] of an Agency final determination made under Title XVI of the Act (or
				  under the former Section 22.18 b(g) of the Act). There are several Agency
				  determinations that may be appealed under Section 40 of the
				  Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 105 - APPEALS OF FINAL DECISIONS OF STATE AGENCIES › Subpart D - APPEAL OF AGENCY LEAKING UNDERGROUND STORAGE TANK (LUST) DECISIONS › Section 105.404 - Time for Filing the Petition

Current through Register Vol. 48, No. 28, July 12, 2024
Petitions must be filed in accordance with this Section or
				  the Board does not have the authority to review the Agency's decision and will
				  dismiss the proceeding on its own motion or on the motion of any party. Within
				  35 days after the date of service of the Agency's final decision the petitioner
				  may file with the Clerk:
a) A petition
				for review that contains the requirements of Section
				105.408;
				or
b) A request for an extension of
				time to file a petition for hearing under Section
				105.406.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 105 - APPEALS OF FINAL DECISIONS OF STATE AGENCIES › Subpart D - APPEAL OF AGENCY LEAKING UNDERGROUND STORAGE TANK (LUST) DECISIONS › Section 105.406 - Extension of Time to File a Petition for Review

Current through Register Vol. 48, No. 28, July 12, 2024
Under Section 40(a)(1) of the Act,
the 35-day period
				  for petitioning for a hearing may be extended by the applicant for a period of
				  time not to exceed 90 days by written notice provided to the Board from the
				  applicant and the Agency within the initial appeal period.
[
				  415 ILCS
				  5/40(c) ] The applicant and the
				  Agency must jointly file a request for extension with the Board within 35 days
				  after the date of service of the Agency's final decision. Upon an appropriately
				  filed request for an extension, the applicant has a period not exceeding 125
				  days after the date of service of the Agency's final decision to file a
				  petition for review before the Board under Section
				  105.408.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 105 - APPEALS OF FINAL DECISIONS OF STATE AGENCIES › Subpart D - APPEAL OF AGENCY LEAKING UNDERGROUND STORAGE TANK (LUST) DECISIONS › Section 105.408 - Petition Content Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
In addition to the requirements of 35 Ill. Adm. Code
				  101.Subpart C the petition must contain:
a) The Agency's final decision;
b) A statement specifying the date of service
				of the Agency's final decision; and
c) A statement specifying the grounds of
				appeal.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 105 - APPEALS OF FINAL DECISIONS OF STATE AGENCIES › Subpart D - APPEAL OF AGENCY LEAKING UNDERGROUND STORAGE TANK (LUST) DECISIONS › Section 105.410 - The Agency Record

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Agency must file the entire Agency record of its decision with the Board in
				accordance with Section
				105.116.
b) The record must include:
1) The plan or budget submittal or other
				request that requires an Agency decision;
2) Correspondence with the petitioner and any
				documents or materials submitted by the petitioner to the Agency related to the
				plan or budget submittal or other request;
3) The final determination letter;
				and
4) Any other information the
				Agency relied upon in making its determination.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 105 - APPEALS OF FINAL DECISIONS OF STATE AGENCIES › Subpart D - APPEAL OF AGENCY LEAKING UNDERGROUND STORAGE TANK (LUST) DECISIONS › Section 105.412 - Board Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
The Board will conduct a public hearing in accordance with 35
				  Ill. Adm. Code 101. Subpart F, including any hearing held by videoconference
				  (see 35 Ill. Adm. Code
				  101.600(b)
				  ), upon an appropriately filed petition for review, unless a petition is
				  disposed of by a motion for summary judgment brought under 35 Ill. Adm. Code
				  101.516.
				  The hearing will be based exclusively on the Agency record before the Agency at
				  the time the permit or decision was issued.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 105 - APPEALS OF FINAL DECISIONS OF STATE AGENCIES › Subpart E - APPEAL OF OSFM LUST DECISIONS › Section 105.500 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart applies to proceedings before the Board
				  concerning appeals from OSFM final determinations made under Section 57.9(c) of
				  the Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 105 - APPEALS OF FINAL DECISIONS OF STATE AGENCIES › Subpart E - APPEAL OF OSFM LUST DECISIONS › Section 105.502 - General Overview

Current through Register Vol. 48, No. 28, July 12, 2024
OSFM final determinations are made either through the
				  issuance of an "Eligibility and Deductibility Determination" letter or by the
				  failure of OSFM to act upon receipt of an "Eligibility and Deductibility
				  Determination" form within 60 days under Section 57.9(c)(2) of the Act. The
				  process before the Board for review of final determinations by the OSFM
				  includes the following steps. Upon receipt of a petition for review, unless the
				  Board determines that the petition is insufficient, a hearing date and location
				  will be assigned. Hearings will be publicly-noticed in the county where the
				  underground storage tank site is located. If the parties enter into a
				  settlement agreement prior to or during the hearing process, the parties may
				  request that the Board accept and enter a final order adopting a proposed
				  settlement agreement; the order may be requested with or without a
				  hearing.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 105 - APPEALS OF FINAL DECISIONS OF STATE AGENCIES › Subpart E - APPEAL OF OSFM LUST DECISIONS › Section 105.504 - General Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Who
				May File. Any owner or operator of an underground storage tank who has been
				issued an "Eligibility and Deductibility Determination" letter or who has not
				received an "Eligibility and Deductibility Determination" letter from the OSFM
				within the time prescribed by Section 57.9(c)(2) of the Act, which is deemed to
				be a final decision appealable to the Board, may file a petition with the Board
				seeking review of that final decision. The owner/operator must be named as the
				petitioner, and the OSFM must be named as the respondent. Filing requirements
				are set forth at 35 Ill. Adm. Code 101.Subpart C.
b) Timely Petition. The petition for review
				must be filed with the Board within 35 days after the date of the OSFM's
				"Eligibility and Deductibility Determination" letter or within 35 days from the
				OSFM's final decision due to its failure to act as required under Section
				57.9(c)(3) of the Act. There will be a rebuttable presumption that petitioner
				received the OSFM's "Eligibility and Deductibility Final Determination" letter
				four days from the date indicated on the letter.
c) Service and Filing. The petitioner must
				serve all filings upon the OSFM in accordance with 35 Ill. Adm. Code
				101.304(c).
				All filings must be accompanied by a notice of filing. Methods and
				documentation of service, as well as the effective date of service, are
				governed by 35 Ill. Adm. Code 101.Subpart C.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 105 - APPEALS OF FINAL DECISIONS OF STATE AGENCIES › Subpart E - APPEAL OF OSFM LUST DECISIONS › Section 105.506 - Petition Content Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
In addition to the requirements of 35 Ill. Adm. Code
				  101.Subpart C the petition must include:
a) A copy of the OSFM's "Eligibility and
				Deductibility Final Determination" letter;
b) A complete and precise description of the
				underground storage tank site, including the location of the site, including
				the county, the number of underground storage tanks on-site, the substance(s)
				stored in each tank, the date of the tank's registration; and the date of
				Illinois Emergency Management Agency notification;
c) A statement specifying the date of service
				of the OSFM's final determination letter and documentation to demonstrate the
				petition's timely filing;
d) A
				statement specifying the grounds of appeal; and
e) If the owner or operator is represented by
				counsel, an appearance must be filed in conjunction with the
				petition.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 105 - APPEALS OF FINAL DECISIONS OF STATE AGENCIES › Subpart E - APPEAL OF OSFM LUST DECISIONS › Section 105.508 - OSFM Record and Appearance

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Within 14 days after a petition for review of an OSFM eligibility or deductible
				determination, the attorney representing the OSFM must file an appearance with
				the Board.
b) The OSFM must file
				the entire OSFM record of its decision with the Board in accordance with
				Section
				105.116. The OSFM
				record must include:
1) The request for OSFM
				determination of eligibility or deductible;
2) Correspondence with the
				petitioner;
3) The denial letter;
				and
4) Any other information the
				OSFM relied upon in making its determination.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 105 - APPEALS OF FINAL DECISIONS OF STATE AGENCIES › Subpart E - APPEAL OF OSFM LUST DECISIONS › Section 105.510 - Location of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
The hearing will be held in Springfield, in Chicago, by video
				  conference (see 35 Ill. Adm. Code
				  101.600(b)
				  ), or in such other location as the hearing officer or the Board may designate
				  to prevent material prejudice or undue delay. Upon the proceeding being set for
				  hearing, the Clerk will cause notice of the hearing to be published. Public
				  notice will be published at least 21 days before the hearing by public
				  advertisement in a newspaper of general circulation in the county in which the
				  LUST site in question is located. Nothing in this Section precludes holding the
				  hearing by video conference under 35 Ill. Adm. Code
				  101.600(b).