reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 107 - PETITION TO REVIEW POLLUTION CONTROL FACILITY SITING DECISIONS › Subpart A - GENERAL PROVISIONS › Section 107.104 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
For purposes of this Part, 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 107 - PETITION TO REVIEW POLLUTION CONTROL FACILITY SITING DECISIONS › Subpart A - GENERAL PROVISIONS › Section 107.106 - Description

Current through Register Vol. 48, No. 28, July 12, 2024
Under Section 39(c) of the Act, any new pollution control
				  facility, prior to receiving a permit from the Agency to construct and operate,
				  must first receive siting approval from the
County Board of the county
				  if in an unincorporated area, or the governing body of the municipality when in
				  an incorporated area, in which the facility is to be located.
[
				  415 ILCS
				  5/39(c) ] The siting approval can
				  only be given under Section 39.2 of the Act and only after the unit of local
				  government conducts a public hearing that comports with the requirements of
				  Section 39.2(d) and with general standards of fundamental fairness. Under
				  Section 40.1 of the Act, a decision of a unit of local government to site or
				  deny siting of a new pollution control facility is reviewable by the Board. The
				  decision of the Board is appealable to the Illinois appellate
				  court.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 107 - PETITION TO REVIEW POLLUTION CONTROL FACILITY SITING DECISIONS › Subpart B - PETITION FOR REVIEW › Section 107.200 - Who May File Petition

Current through Register Vol. 48, No. 28, July 12, 2024
The following persons may file a petition for review of a
				  decision concerning siting of a new pollution control facility under Section
				  40.1 of the Act:
a) Siting applicants.
				Any person who has properly applied to one or more units of local government,
				under Section 39.2 of the Act, for siting approval of a new pollution control
				facility and has been denied siting approval under Section 39.2 of the Act, may
				file a petition for review of the decision to deny siting. The siting applicant
				may also appeal conditions imposed in a decision granting siting
				approval.
b) Other persons. Any
				person who has participated in the public hearing conducted by the unit of
				local government and is so located as to be affected by the proposed facility
				may file a petition for review of the decision to grant siting. Associations
				that file a petition before the Board must be represented by an attorney in
				accordance with 35 Ill. Adm. Code
				101.400.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 107 - PETITION TO REVIEW POLLUTION CONTROL FACILITY SITING DECISIONS › Subpart B - PETITION FOR REVIEW › Section 107.202 - Parties

Current through Register Vol. 48, No. 28, July 12, 2024
a) In a petition to
				review a local government's decision concerning a new pollution control
				facility, the following are parties to the proceeding:
1) The petitioner or petitioners are the
				persons described in Section
				107.200 of this
				Part. If there is more than one petitioner, they must be referred to as
				co-petitioners; and
2) The unit or
				units of local government whose decision is being reviewed must be named the
				respondent or respondents. In an appeal under Section
				107.200(b),
				the siting applicant must also be named as a respondent.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 107 - PETITION TO REVIEW POLLUTION CONTROL FACILITY SITING DECISIONS › Subpart B - PETITION FOR REVIEW › Section 107.204 - Time for Filing Petition

Current through Register Vol. 48, No. 28, July 12, 2024
A petition for review must be filed within 35 days after the
				  local siting authority's action to approve or disapprove siting. Action means
				  the local government's official written decision granting or denying local
				  siting approval. Under Section 39.2(e) of the Act, action includes failure of
				  the governing body to act within 180 days after receiving a request for siting
				  approval.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 107 - PETITION TO REVIEW POLLUTION CONTROL FACILITY SITING DECISIONS › Subpart B - PETITION FOR REVIEW › Section 107.206 - Filing and Service Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Filing. The petition for review must be
				filed with the Clerk in accordance with the filing requirements contained in
				the Board's general procedural rules, found at 35 Ill. Adm. Code 101. Subpart C
				and Section
				107.208.
b) Service. The petition for review must be
				served upon all parties in accordance with the Board's service requirements
				contained in the Board's general procedural rules, found at 35 Ill. Adm. Code
				101. Subpart C.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 107 - PETITION TO REVIEW POLLUTION CONTROL FACILITY SITING DECISIONS › Subpart B - PETITION FOR REVIEW › Section 107.208 - 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 also include:
a) A copy of the local siting authority's
				written decision or ordinance;
b) A
				statement as to how the filing party is a proper petitioner under Section
				107.200;
				and
c) In accordance with Section
				39.2 of the Act, a specification of the grounds for the appeal, including any
				allegations for fundamental unfairness or any manner in which the decision as
				to particular criteria is against the manifest weight of the
				evidence.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 107 - PETITION TO REVIEW POLLUTION CONTROL FACILITY SITING DECISIONS › Subpart C - FILING OF LOCAL RECORD › Section 107.300 - Record

Current through Register Vol. 48, No. 28, July 12, 2024
Under Sections 39.2 and 40.1 of the Act, the siting authority
				  must compile a complete record of its proceedings.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 107 - PETITION TO REVIEW POLLUTION CONTROL FACILITY SITING DECISIONS › Subpart C - FILING OF LOCAL RECORD › Section 107.302 - Filing of the Record

Current through Register Vol. 48, No. 28, July 12, 2024
The siting authority must file the record of its proceedings
				  with the Board as directed by Board or hearing officer order. Failure to file
				  the entire record on the date directed by the Board or hearing officer may
				  subject the respondent to sanctions as may be ordered by the Board in
				  accordance with 35 Ill. Adm. Code 101. Subpart H. The siting authority must
				  file the 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 must meet the requirements of 35 Ill. Adm. Code 101.
				  Subpart J.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 107 - PETITION TO REVIEW POLLUTION CONTROL FACILITY SITING DECISIONS › Subpart C - FILING OF LOCAL RECORD › Section 107.304 - Record Contents

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				record must contain all information or evidence presented to the local siting
				authority or relied upon by the local siting authority during its hearing
				process including:
1) The siting
				application;
2) Any and all
				transcripts of local hearings;
3)
				All briefs and other arguments and statements of parties and
				participants;
4) All exhibits
				relied upon by the local siting authority in making its decision;
5) All written public comments relevant to
				the local government proceeding;
6)
				Minutes of all relevant open meetings of the siting authority;
7) Notices of hearings or all relevant
				meetings of the siting authority;
8) The written decision of the siting
				authority made under Section 39.2 of the Act;
9) Certificate of Record as described in
				Section
				107.308;
				and
10)
If, prior to making
				a final local siting decision, a county board or governing body of a
				municipality has negotiated and entered into a host agreement with the local
				siting applicant, the terms and conditions of the host agreement, whether
				written or oral, shall be disclosed and made a part of the hearing record for
				that local siting proceeding. In the case of an oral agreement, the disclosure
				shall be made in the form of a written summary jointly prepared and submitted
				by the county board or governing body of the municipality and the siting
				applicant and shall describe the terms and conditions of the oral
				agreement.
[
				415 ILCS
				5/39.2(e) ]
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 107 - PETITION TO REVIEW POLLUTION CONTROL FACILITY SITING DECISIONS › Subpart C - FILING OF LOCAL RECORD › Section 107.306 - Preparing of the Record

Current through Register Vol. 48, No. 28, July 12, 2024
Unless petitioner is a citizen or citizen's group, the
				  petitioner must pay the costs of preparing and certifying the record to the
				  Board. If the petitioner is a citizen or citizen's group, such petitioner shall
				  be exempt from paying the costs of preparing and certifying the record
				  [415 ILCS
				  5/39.2(n) ].
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 107 - PETITION TO REVIEW POLLUTION CONTROL FACILITY SITING DECISIONS › Subpart C - FILING OF LOCAL RECORD › Section 107.308 - Certification of Record

Current through Register Vol. 48, No. 28, July 12, 2024
The record filed with the Board must be certified by the
				  county clerk, if the siting authority is a county, or the municipal clerk, if
				  the siting authority is a municipality. The certification must be entitled
				  "Certificate of Record on Appeal". The Certificate must contain an index that
				  lists the documents comprising the 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 siting authority.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 107 - PETITION TO REVIEW POLLUTION CONTROL FACILITY SITING DECISIONS › Subpart D - HEARING › Section 107.400 - General

Current through Register Vol. 48, No. 28, July 12, 2024
Hearings, including any hearing held by video conference (see
				  35 Ill. Adm. Code
				  101.600(b)
				  ), and discovery will be conducted under 35 Ill. Adm. Code 101. Subpart
				  F.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 107 - PETITION TO REVIEW POLLUTION CONTROL FACILITY SITING DECISIONS › Subpart D - HEARING › Section 107.402 - Authority and Duties of Hearing Officer

Current through Register Vol. 48, No. 28, July 12, 2024
The authority and duties of the hearing officer are set forth
				  in the Board's general procedural rules found at 35 Ill. Adm. Code 101.Subpart
				  F.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 107 - PETITION TO REVIEW POLLUTION CONTROL FACILITY SITING DECISIONS › Subpart D - HEARING › Section 107.404 - Public Participation

Current through Register Vol. 48, No. 28, July 12, 2024
Parties to the proceeding will have all rights of examination
				  and cross-examination relevant in any judicial proceeding. Persons who are not
				  parties as set forth in Section
				  107.202 are considered
				  participants and will have hearing participation rights as determined by the
				  hearing officer in accordance with 35 Ill. Adm. Code
				  101.628.
				  Participants may offer comment at a specifically determined time in the
				  proceeding, but may not examine or cross-examine witnesses for either party. In
				  accordance with this Section and 35 Ill. Adm. Code 101.628, public comment will
				  not be considered testimony unless sworn and subject to
				  cross-examination.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 107 - PETITION TO REVIEW POLLUTION CONTROL FACILITY SITING DECISIONS › Subpart E - BOARD REVIEW AND DECISION › Section 107.500 - Preliminary Board Determination/Set for Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
Upon proper filing of the petition, the Board will set the
				  matter for hearing unless it determines that the matter is frivolous or
				  duplicative as required by Section 40.1(b) of the Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 107 - PETITION TO REVIEW POLLUTION CONTROL FACILITY SITING DECISIONS › Subpart E - BOARD REVIEW AND DECISION › Section 107.502 - Dismissal of Petition

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Board on its own motion or motion by any party, may dismiss any petition that:
1) Is untimely filed under Section
				107.204;
2) Fails to name all parties as required by
				Section 39.2 of the Act;
3) Fails
				to include the required fee and all information as required by Section
				107.208
				of this Part; or
4) Fails to meet
				the requirements in 35 Ill. Adm. Code 101. Subpart C.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 107 - PETITION TO REVIEW POLLUTION CONTROL FACILITY SITING DECISIONS › Subpart E - BOARD REVIEW AND DECISION › Section 107.504 - Decision Deadline

Current through Register Vol. 48, No. 28, July 12, 2024
In accordance with Section 40.1 of the Act only the applicant
				  for siting may waive the decision deadline. Unless the applicant for siting
				  waives the decision deadline in accordance with 35 Ill. Adm. Code
				  101.308
				  of the Board's general procedural rules, the Board will issue its decision
				  within 120 days after the proper filing and service of a petition for
				  review.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 107 - PETITION TO REVIEW POLLUTION CONTROL FACILITY SITING DECISIONS › Subpart E - BOARD REVIEW AND DECISION › Section 107.506 - Burden of Proof

Current through Register Vol. 48, No. 28, July 12, 2024
The petitioner bears the burden of proof in accordance with
				  Section 40.1(a) of the Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 108 - ADMINISTRATIVE CITATIONS › Subpart A - GENERAL PROVISIONS › Section 108.100 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Part
				applies to proceedings before the Board concerning petitions to contest the
				issuance of an administrative citation.
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 this Part, the provisions of this
				Part will apply.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 108 - ADMINISTRATIVE CITATIONS › Subpart A - GENERAL PROVISIONS › Section 108.102 - 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 will 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 108 - ADMINISTRATIVE CITATIONS › Subpart A - GENERAL PROVISIONS › Section 108.104 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
For the purpose of this Part, 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 108 - ADMINISTRATIVE CITATIONS › Subpart B - ISSUANCE OF THE CITATION AND PETITION TO CONTEST › Section 108.200 - Administrative Citation under the Act

Current through Register Vol. 48, No. 28, July 12, 2024
a) An administrative citation (AC) under the
				Act may be issued by either:
1) The Agency
				under Section 31.1 of the Act; or
2) A Delegated Unit of Local Government under
				Section 31.1 of the Act. The Agency, under Section 4(r) of the Act, may by
				agreement delegate its AC authority to a unit of local government, which may
				then issue an AC. All Delegated Units must submit to the Clerk a copy of the
				delegation agreement on or before July 1 of every year.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 108 - ADMINISTRATIVE CITATIONS › Subpart B - ISSUANCE OF THE CITATION AND PETITION TO CONTEST › Section 108.201 - Administrative Citation under the PWSO Act

Current through Register Vol. 48, No. 28, July 12, 2024
a) An AC under the Public Water Supply
				Operations Act [ 415 ILCS 45 ] may be issued by the Agency under Section
				23.1(b) of the PWSO Act.
b) In
				accordance with Section 23.1 of the PWSO Act,
if Agency personnel
				discover that a Responsible Operator in Charge has violated Section
				1.1(b)(3)
				of the
PWSO
Act
,
the Agency may serve
				an
AC
upon that individual
.
1) The AC must be issued and served upon the
				AC Recipient
not more than 90 days after the date of the discovery of
				the violation
and must contain the following information:
A)
A statement specifying the report
				or result that the Responsible Operator in Charge failed to submit in
				accordance with Board rules and a citation to the Board rules that were
				violated;
B)
A
				copy of any report in which the Agency recorded the
				violation;
C)
The
				penalty imposed by Section 23.1(f) of the PWSO Act for the
				violation;
D)
Instructions for contesting the AC findings pursuant to Section 23.1 of
				the PWSO Act, including notification that the individual has 35 days within
				which to file a petition for review before the Board to contest the AC
and, if an appeal is filed and the Board finds a violation, a statement that
				the AC Recipient may have to pay hearing costs under Section
				108.500
; and
E)
An affidavit by the personnel recording the violation.
[
				415 ILCS
				45/23.1(b) ]
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 108 - ADMINISTRATIVE CITATIONS › Subpart B - ISSUANCE OF THE CITATION AND PETITION TO CONTEST › Section 108.202 - Administrative Citation under the EPRR Act

Current through Register Vol. 48, No. 28, July 12, 2024
a) An AC under the Electronic Products
				Recycling and Reuse Act [ 415 ILCS 150 ] may be issued by either:
1) The Agency under Section 20(k) of the EPRR
				Act; or
2) A Delegated Unit under
				Section 20(k) of the EPRR Act. The Agency, under Section 4(r) of the Act, may
				delegate its AC authority to a unit of local government, which may then issue
				an AC. Under Section 20(k) of the EPRR Act, a Delegated Unit must be a county.
				All Delegated Units must submit to the Clerk a copy of the delegation agreement
				on or before July 1 of every year.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 108 - ADMINISTRATIVE CITATIONS › Subpart B - ISSUANCE OF THE CITATION AND PETITION TO CONTEST › Section 108.204 - Filing Requirements for Petition to Contest

Current through Register Vol. 48, No. 28, July 12, 2024
a) Who May File. The AC Recipient may file
				with the Board a petition to contest the AC. The AC Recipient must be named as
				the respondent and the Agency or Delegated Unit must be named as the
				complainant.
b) Time to File. The
				petition to contest must be filed with the Board within 35 days after the date
				of the service of the AC.
c)
				Additional Requirements. Additional filing and service requirements are set
				forth at 35 Ill. Adm. Code 101.Subpart C.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 108 - ADMINISTRATIVE CITATIONS › Subpart B - ISSUANCE OF THE CITATION AND PETITION TO CONTEST › Section 108.206 - Petition Contents

Current through Register Vol. 48, No. 28, July 12, 2024
A formal petition to contest must include any reasons why the
				  AC Recipient believes the AC was improperly issued, including:
a) The AC Recipient did not cause or allow
				the alleged violations;
b) The AC
				was not timely filed or properly served; or
c) The alleged violation was the result of
				uncontrollable circumstances.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 108 - ADMINISTRATIVE CITATIONS › Subpart B - ISSUANCE OF THE CITATION AND PETITION TO CONTEST › Section 108.208 - AC Recipient's Voluntary Withdrawal

Current through Register Vol. 48, No. 28, July 12, 2024
The AC Recipient may, at any time before entry of the Board
				  decision, withdraw its petition to contest. It must do so in writing or orally
				  on the record at hearing. If an AC Recipient withdraws its petition to contest,
				  the Board will adopt an order in accordance with Section
				  108.406
				  of this Part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 108 - ADMINISTRATIVE CITATIONS › Subpart C - HEARINGS › Section 108.300 - Authorization of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				hearing date will be set within 60 days after the filing of the petition to
				contest unless the hearing officer orders otherwise to prevent material
				prejudice.
b) The hearing officer
				will give the parties at least 21 days written notice of the hearing.
c) The hearing will be held and conducted in
				accordance with 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 108 - ADMINISTRATIVE CITATIONS › Subpart D - BOARD DECISIONS › Section 108.402 - Dismissal

Current through Register Vol. 48, No. 28, July 12, 2024
The Board may issue an order dismissing the AC and closing
				  the docket upon its own motion or a motion by the AC Recipient, Agency or
				  Delegated Unit if the AC was not timely and properly served under the relevant
				  statute and Section
				  108.200,
				  108.201
				  or
				  108.202.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 108 - ADMINISTRATIVE CITATIONS › Subpart D - BOARD DECISIONS › Section 108.404 - Default

Current through Register Vol. 48, No. 28, July 12, 2024
Failure of a party to appear at the hearing, or failure to
				  proceed as ordered by the Board or hearing officer, may constitute default.
				  Upon default the Board will issue an order against the defaulting
				  party.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 108 - ADMINISTRATIVE CITATIONS › Subpart D - BOARD DECISIONS › Section 108.406 - Non-Contested Citations

Current through Register Vol. 48, No. 28, July 12, 2024
The Board will consider the AC non-contested if the AC
				  Recipient does not file a petition to contest, fails to timely file a petition
				  to contest, or withdraws its petition to contest under Section
				  108.208.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 108 - ADMINISTRATIVE CITATIONS › Subpart E - ASSESSMENT OF PENALTIES AND COSTS › Section 108.500 - Penalties and Costs

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Unless the AC Recipient has shown that the violations resulted from
				uncontrollable circumstances, the Board will impose penalties as follows:
1) For violations of the Act, the Board will
				impose penalties as set forth in Sections 42(b)(4) and 42(b)(4-5) of the
				Act.
2) For violations of the PWSO
				Act, the Board will impose penalties as set forth in Section 23.1(f) of the
				PWSO Act.
3) For violations of the
				EPRR Act, the Board will impose penalties as set forth in Section 80(j) of the
				EPRR Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 108 - ADMINISTRATIVE CITATIONS › Subpart E - ASSESSMENT OF PENALTIES AND COSTS › Section 108.502 - Claimed Costs of Agency or Delegated Unit

Current through Register Vol. 48, No. 28, July 12, 2024
Within 30 days after the close of the hearing or as otherwise
				  directed by the hearing officer, the Agency or Delegated Unit must submit to
				  the Clerk and serve on all parties an itemized listing of the costs associated
				  with the hearing. The costs must not include attorney's fees or witness fees
				  for persons employed by the Agency or Delegated Unit.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 108 - ADMINISTRATIVE CITATIONS › Subpart E - ASSESSMENT OF PENALTIES AND COSTS › Section 108.504 - Board Costs

Current through Register Vol. 48, No. 28, July 12, 2024
At the beginning of every fiscal year the Board will place on
				  file a schedule of hearing costs for AC cases. The schedule will include a per
				  day breakdown of the Board's costs for holding a hearing. A copy will be
				  available at the Board's offices and on the Board's Web site.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 108 - ADMINISTRATIVE CITATIONS › Subpart E - ASSESSMENT OF PENALTIES AND COSTS › Section 108.506 - Response to Claimed Costs and Reply

Current through Register Vol. 48, No. 28, July 12, 2024
a) The AC Recipient may challenge the claimed
				costs submitted by the Agency, Delegated Unit, or the Board by filing a
				response. The response must be filed within 21 days after the service of the
				claimed costs and must be served on all parties.
b) The Agency or Delegated Unit may file a
				reply to the AC Recipient's response to claimed costs within 14 days after the
				service of the response.
c) The
				Board may hold an evidentiary hearing on hearing costs.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 125 - TAX CERTIFICATIONS › Subpart A - GENERAL PROVISIONS › Section 125.100 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Part
				applies to any person seeking, for property tax purposes, a Board certification
				that a facility or portion thereof is a pollution control facility, as defined
				in Section
				125.200(a)(1),
				or that a device is a low sulfur dioxide emission coal fueled device, as
				defined in Section
				125.200(b)(1).
b) This Part must be read in conjunction with
				35 Ill. Adm. Code 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 Part, the
				provisions of this Part apply.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 125 - TAX CERTIFICATIONS › Subpart A - GENERAL PROVISIONS › Section 125.102 - 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 125 - TAX CERTIFICATIONS › Subpart A - GENERAL PROVISIONS › Section 125.104 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
For the purpose of this Part, words and terms will have the
				  meaning 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 125 - TAX CERTIFICATIONS › Subpart B - TAX CERTIFICATION OF POLLUTION CONTROL FACILITIES AND LOW SULFUR DIOXIDE EMISSION COAL FUELED DEVICES › Section 125.200 - General

Current through Register Vol. 48, No. 28, July 12, 2024
a) Pollution
				Control Facilities. For tax purposes, pollution control facilities shall be
				certified as such by the Board. [35
				ILCS 200/11-20 ]
1)
				"Pollution control facility" means, for purposes of this Part, any system,
				method, construction, device or appliance appurtenant thereto, or any portion
				of any building or equipment, that is designed, constructed, installed or
				operated for the primary purpose of: eliminating, preventing, or reducing air
				or water pollution, as the terms "air pollution" and "water pollution" are
				defined in the Act; or treating, pretreating, modifying or disposing of any
				potential solid, liquid or gaseous pollutant which if released without
				treatment, pretreatment, modification or disposal might be harmful, detrimental
				or offensive to human, plant or animal life, or to property. This term does not
				include any of the following:
A) Any facility
				with the primary purpose of eliminating, containing, preventing or reducing
				radioactive contaminants or energy, or treating waste water produced by the
				nuclear generation of electric power;
B) Large diameter pipes or piping systems
				used to remove and disperse heat from water involved in the nuclear generation
				of electric power;
C) Any facility
				operated by any person other than a unit of government, whether within or
				outside of the territorial boundaries of a unit of local government, for sewage
				disposal or treatment;or
D) Land
				underlying a cooling pond. [35
				ILCS 200/11-10 ]
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 125 - TAX CERTIFICATIONS › Subpart B - TAX CERTIFICATION OF POLLUTION CONTROL FACILITIES AND LOW SULFUR DIOXIDE EMISSION COAL FUELED DEVICES › Section 125.202 - Tax Certification Application

Current through Register Vol. 48, No. 28, July 12, 2024
A person may apply for tax certification by submitting a tax
				  certification form to the Agency on a form or forms that the Agency may
				  prescribe.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 125 - TAX CERTIFICATIONS › Subpart B - TAX CERTIFICATION OF POLLUTION CONTROL FACILITIES AND LOW SULFUR DIOXIDE EMISSION COAL FUELED DEVICES › Section 125.204 - Agency Recommendation

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				If the Agency receives a tax certification application under Section
				125.202
				of this Subpart, the Agency must file a recommendation on the application with
				the Clerk, unless the applicant withdraws the application. The Agency's filing
				must:
1) Identify the name and address of the
				applicant;
2) Identify the location
				of the facility or portion thereof or the device to which the recommendation
				applies;
3) Identify the facility
				or portion thereof or the device to which the recommendation applies;
4) Recommend that the Board issue or deny tax
				certification; and
5) Set forth the
				Agency's reasoning for the recommendation.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 125 - TAX CERTIFICATIONS › Subpart B - TAX CERTIFICATION OF POLLUTION CONTROL FACILITIES AND LOW SULFUR DIOXIDE EMISSION COAL FUELED DEVICES › Section 125.206 - Petition to Contest

Current through Register Vol. 48, No. 28, July 12, 2024
a) If
				the applicant wishes to contest an Agency recommendation that the Board deny
				tax certification, the applicant must file a petition to contest with the Clerk
				within 35 days after the Agency serves the applicant under Section
				125.204(c).
				The petition must:
1) Specify the grounds for
				contesting the Agency's recommendation; and
2) Specify the date on which the Agency
				served the applicant under Section
				125.204(c).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 125 - TAX CERTIFICATIONS › Subpart B - TAX CERTIFICATION OF POLLUTION CONTROL FACILITIES AND LOW SULFUR DIOXIDE EMISSION COAL FUELED DEVICES › Section 125.208 - Agency Record

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency must file with the Board the entire record on
				  which it based its recommendation within 30 days after the applicant files a
				  petition to contest under Section
				  125.206 or as
				  the Board or hearing officer orders. If the Agency wishes to seek additional
				  time to file the record, it must file a request for extension before the date
				  on which the record is due to be filed. Under 35 Ill. Adm. Code
				  101.302(h)(2),
				  the Agency must file the 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 must comply with 35 Ill.
				  Adm. Code
				  105.116.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 125 - TAX CERTIFICATIONS › Subpart B - TAX CERTIFICATION OF POLLUTION CONTROL FACILITIES AND LOW SULFUR DIOXIDE EMISSION COAL FUELED DEVICES › Section 125.210 - Public Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Board will hold a public hearing in a tax certification proceeding if:
1) The applicant files a petition to contest
				in accordance with Section
				125.206,
				unless the Board disposes of the petition on a motion for summary judgment
				brought under 35 Ill. Adm. Code
				101.516;
2) The applicant or holder timely requests a
				hearing after the Board provides notice under Section
				125.216(c);
				or
3) The Board, in its discretion,
				determines that a hearing would be advisable.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 125 - TAX CERTIFICATIONS › Subpart B - TAX CERTIFICATION OF POLLUTION CONTROL FACILITIES AND LOW SULFUR DIOXIDE EMISSION COAL FUELED DEVICES › Section 125.212 - Hearing Notice

Current through Register Vol. 48, No. 28, July 12, 2024
After receiving notification from the hearing officer of the
				  scheduled hearing date made under Section
				  125.210, the Clerk
				  will, in accordance with 35 Ill. Adm. Code 101, cause publication of a notice
				  of hearing in a newspaper of general circulation in the county where the
				  facility or portion thereof or the device for which the applicant seeks tax
				  certification is located.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 125 - TAX CERTIFICATIONS › Subpart B - TAX CERTIFICATION OF POLLUTION CONTROL FACILITIES AND LOW SULFUR DIOXIDE EMISSION COAL FUELED DEVICES › Section 125.214 - Burden of Proof

Current through Register Vol. 48, No. 28, July 12, 2024
If the applicant files a petition to contest under Section
				  125.206 or
				  the Board otherwise directs that a hearing be held under Section
				  125.210, the
				  applicant has the burden to prove that the facility or portion thereof for
				  which it seeks tax certification is a pollution control facility, as defined in
				  Section
				  125.200(a)(1),
				  or that the device for which it seeks tax certification is a low sulfur dioxide
				  emission coal fueled device, as defined in Section
				  125.200(b)(1).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 125 - TAX CERTIFICATIONS › Subpart B - TAX CERTIFICATION OF POLLUTION CONTROL FACILITIES AND LOW SULFUR DIOXIDE EMISSION COAL FUELED DEVICES › Section 125.216 - Board Action

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Pollution Control Facilities.
If it is found that the claimed facility
				or relevant portion thereof is a pollution control facility as defined
				in
Section
				125.200(a)(1),
the Board shall enter a finding and issue a certificate to that effect.
				The certificate shall require tax treatment as a pollution control facility,
				but only for the portion certified if only a portion is certified. The
				effective date of a certificate shall be the date of
the application
for the certificate or the date of the construction of the facility,
				whichever is later.
[
				35 ILCS
				200/11-25 ]
b) Low Sulfur Dioxide Emission Coal Fueled
				Devices.
If it is found that the claimed device meets the
				definition
of low sulfur dioxide emission coal fueled device as set
				forth in Section
				125.200(b)(1),
the Board shall enter a finding and issue a certificate that requires
				tax treatment as a low sulfur dioxide emission coal fueled device. The
				effective date of a certificate shall be on January 1 preceding the date of
				certification or preceding the date construction or installation of the device
				commences, whichever is later.
[
				35 ILCS
				200/11-55 ]
c)
Before denying any certificate,
				the Board shall give reasonable notice in writing to the applicant and provide
				the applicant a reasonable opportunity for a fair hearing
under
				Section
				125.210. [
				35 ILCS
				200/11-30 ]
On like notice to the holder and
				opportunity for hearing,
the Board may on its own initiative
				revoke or modify a pollution control certificate or a low sulfur dioxide
				emission coal fueled device certificate whenever any of the following
				appears:
1)
The certificate
				was obtained by fraud or misrepresentation;
2)
The holder of the certificate has
				failed substantially to proceed with the construction, reconstruction,
				installation, or acquisition of pollution control facilities or a low sulfur
				dioxide emission coal fueled device; or
3)
The pollution control facility to
				which the certificate relates has ceased to be used for the primary purpose of
				pollution control and is being used for a different purpose.
[
				35 ILCS
				200/11-30 ]
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 130 - IDENTIFICATION AND PROTECTION OF TRADE SECRETS AND OTHER NON-DISCLOSABLE INFORMATION › Subpart A - GENERAL PROVISIONS › Section 130.100 - Purpose and Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Section 7(a) of the Act provides that
all files, records, and data of
				the
Agency
, the Board, and
DNR
shall be open
				for reasonable public inspection except for information which constitutes a
				trade secret; information privileged against introduction in judicial
				proceedings; internal communications of the several agencies; and information
				concerning secret manufacturing processes or confidential data submitted by any
				person under the Act
. [
				415 ILCS
				5/7(a) ]
b) This Part establishes procedures to
				identify and protect trade secrets and other non-disclosable information.
1) Subpart A of this Part sets forth general
				provisions that apply with respect to both trade secrets and other
				non-disclosable information. References in this Subpart to non-disclosable
				information other than trade secrets apply only to proceedings before the
				Board.
2) Subparts B and C of this
				Part address only trade secrets. Those Subparts apply to articles submitted or
				otherwise obtained by the Board, the Agency, or DNR.
3) Subpart D of this Part addresses only
				non-disclosable information other than trade secrets. That Subpart applies only
				to filings of articles with the Board.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 130 - IDENTIFICATION AND PROTECTION OF TRADE SECRETS AND OTHER NON-DISCLOSABLE INFORMATION › Subpart A - GENERAL PROVISIONS › Section 130.102 - Additional Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency and DNR each may adopt additional procedures that
				  are not inconsistent with this Part to protect articles that are claimed or
				  determined to represent a trade secret.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 130 - IDENTIFICATION AND PROTECTION OF TRADE SECRETS AND OTHER NON-DISCLOSABLE INFORMATION › Subpart A - GENERAL PROVISIONS › Section 130.104 - Definitions and Severability

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Definitions. For the purpose of this Part, "State agency" refers to the Board,
				the Agency, or DNR. Other words and terms have the meanings set forth in 35
				Ill. Adm. Code 101. Subpart B, unless otherwise provided or unless the context
				clearly indicates otherwise.
b)
				Severability. 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 130 - IDENTIFICATION AND PROTECTION OF TRADE SECRETS AND OTHER NON-DISCLOSABLE INFORMATION › Subpart A - GENERAL PROVISIONS › Section 130.106 - Segregation of Articles

Current through Register Vol. 48, No. 28, July 12, 2024
Any article, or any page or portion thereof, that is claimed
				  or determined to represent a trade secret or other non-disclosable information
				  must be kept segregated from articles that are open to public inspection, and
				  must be kept secure from unauthorized access.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 130 - IDENTIFICATION AND PROTECTION OF TRADE SECRETS AND OTHER NON-DISCLOSABLE INFORMATION › Subpart A - GENERAL PROVISIONS › Section 130.108 - Disposal of Articles

Current through Register Vol. 48, No. 28, July 12, 2024
The State agency must dispose of an article that is claimed
				  or determined to represent a trade secret or other non-disclosable information,
				  and any copies made of that article, according to its application for authority
				  to dispose of State records approved by the State Records
				  Commission.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 130 - IDENTIFICATION AND PROTECTION OF TRADE SECRETS AND OTHER NON-DISCLOSABLE INFORMATION › Subpart A - GENERAL PROVISIONS › Section 130.110 - Articles Containing Emission Data

Current through Register Vol. 48, No. 28, July 12, 2024
a)
All emission data reported to or
				otherwise obtained by the Agency, the Board, or DNR in connection with any
				examination, inspection or proceeding under the Act shall be available to the
				public to the extent required by the federal Clean Air Act as amended.
[
				415 ILCS
				5/7(c) ]
b) For purposes of this Section, "emission
				data" means:
1) The identity, amount,
				frequency, concentration, or other characteristics (related to air quality) of
				any contaminant that:
A) Has been emitted from
				an emission unit;
B) Results from
				any emission by the emission unit;
C) Under an applicable standard or
				limitation, the emission unit was authorized to emit; or
D) Is a combination of any of the items
				described in subsection (b)(1)(A), (B), or (C).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 130 - IDENTIFICATION AND PROTECTION OF TRADE SECRETS AND OTHER NON-DISCLOSABLE INFORMATION › Subpart A - GENERAL PROVISIONS › Section 130.112 - Filings with the Board

Current through Register Vol. 48, No. 28, July 12, 2024
A document containing information claimed or determined to be
				  a trade secret or other non-disclosable information under this Part is
				  prohibited from being filed electronically with the Board and must instead be
				  filed with the Board only in paper under 35 Ill. Adm. Code
				  101.302(h)(3).
				  (See 35 Ill. Adm. Code
				  101.1010(b).)
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 130 - IDENTIFICATION AND PROTECTION OF TRADE SECRETS AND OTHER NON-DISCLOSABLE INFORMATION › Subpart B - PROCEDURES FOR IDENTIFYING ARTICLES THAT REPRESENT TRADE SECRETS › Section 130.200 - Initiation of a Claim that an Article Represents a Trade Secret

Current through Register Vol. 48, No. 28, July 12, 2024
a) In order to
				claim an article is a trade secret, the owner of the article must submit to the
				State agency the claim letter required by subsection (b)(1) at the time the
				article is submitted to the State agency. If the owner of the article submits
				the article to the State agency without simultaneously submitting the claim
				letter required by subsection (b)(1), the article will be considered a matter
				of general public knowledge and cannot be protected as a trade
				secret.
b) The owner of an article
				seeking trade secret protection must submit the following information to the
				State agency at the time the owner submits the article to the State agency:
1) A claim letter that states the name of the
				article, briefly describes the article, and states that the article is claimed
				to represent a trade secret, as defined in 35 Ill. Adm. Code 101. Subpart B and
				the Act; and
2) A copy of the
				article marked as provided in Section
				130.302.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 130 - IDENTIFICATION AND PROTECTION OF TRADE SECRETS AND OTHER NON-DISCLOSABLE INFORMATION › Subpart B - PROCEDURES FOR IDENTIFYING ARTICLES THAT REPRESENT TRADE SECRETS › Section 130.201 - State Agency Request for Justification of Claims

Current through Register Vol. 48, No. 28, July 12, 2024
a) The State agency may request that the
				owner of an article claimed to represent a trade secret submit a statement of
				justification meeting the requirements of Section
				130.203.
				The State agency may make the request when the article is submitted or
				obtained, or at any later time.
b)
				The request under subsection (a) must be in writing. The State agency must set
				forth in the request the reasoning for the request. Reasons for the request may
				include the following:
1) The State agency has
				received or reasonably expects to receive a request from the public to disclose
				the article;
2) The article is
				required to be available to the public in a proceeding before the State
				agency;
3) Information within the
				article is required to be contained in a permit issued by the State
				agency;
4) To facilitate public
				participation in a proceeding before the State agency;
5) A regulation requires that the State
				agency determine whether the article represents a trade secret at the time that
				the article is submitted to or obtained by the State agency; or
6) Determining the validity of the claim will
				facilitate the timely performance of State agency responsibilities.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 130 - IDENTIFICATION AND PROTECTION OF TRADE SECRETS AND OTHER NON-DISCLOSABLE INFORMATION › Subpart B - PROCEDURES FOR IDENTIFYING ARTICLES THAT REPRESENT TRADE SECRETS › Section 130.202 - Time Limit for Delayed Submission of Justification

Current through Register Vol. 48, No. 28, July 12, 2024
a) Within 10 working days after the date on
				which the owner of an article claimed to represent a trade secret receives a
				State agency request for justification under Section
				130.201,
				the owner must submit to the State agency a statement of justification meeting
				the requirements of Section
				130.203.
b) The State agency may extend the time
				period under subsection (a) for a second period of 10 working days if, within
				the first 10 day period, the owner of the article requests an extension and
				demonstrates that the extension is necessary to complete the statement of
				justification.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 130 - IDENTIFICATION AND PROTECTION OF TRADE SECRETS AND OTHER NON-DISCLOSABLE INFORMATION › Subpart B - PROCEDURES FOR IDENTIFYING ARTICLES THAT REPRESENT TRADE SECRETS › Section 130.203 - Contents of Statement of Justification

Current through Register Vol. 48, No. 28, July 12, 2024
A statement of justification must contain the
				  following:
a) A detailed description
				of the procedures used by the owner to safeguard the article from becoming
				available to persons other than those selected by the owner to have access
				thereto for limited purposes;
b) A
				detailed statement identifying the persons or class of persons to whom the
				article has been disclosed;
c) A
				certification that the owner has no knowledge that the article has ever been
				published or disseminated or has otherwise become a matter of general public
				knowledge;
d) A detailed discussion
				of why the owner believes the article to be of competitive value; and
e) Any other information that will support
				the claim.