Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart B - DEFINITIONS › Section 101.202 - Definitions for Board's Procedural Rules

Current through Register Vol. 48, No. 28, July 12, 2024
Unless otherwise provided in 35 Ill. Adm. Code 101 through
				  130, or unless a different meaning of a word or term is clear from the context,
				  the following definitions also apply to the Board's procedural rules, found in
				  35 Ill. Adm. Code 101 through 130:
"Act" means the Environmental Protection Act [415 ILCS
				  5].
"Adjudicatory proceeding" means an action of a quasi-judicial
				  nature brought before the Board under authority granted to the Board by Section
				  5(d) of the Act or as otherwise provided by law. Adjudicatory proceedings
				  include enforcement, variance, permit appeal, pollution control facility siting
				  appeal, Underground Storage Tank (UST) Fund determination, water well set back
				  exception, adjusted standard, and administrative citation proceedings.
				  Adjudicatory proceedings do not include regulatory, quasi-legislative,
				  informational, or time-limited water quality standard proceedings.
"Adjusted standard" or "AS" means an alternative standard
				  granted by the Board in an adjudicatory proceeding under Section 28.1 of the
				  Act and 35 Ill. Adm. Code 104.Subpart D. The adjusted standard applies instead
				  of the rule or regulation of general applicability.
"Administrative citation" or "AC" means a citation issued by
				  the Agency or by a unit of local government acting as the Agency's delegate.
				  (See 35 Ill. Adm. Code 108.)
"Administrative citation review" or "administrative citation
				  appeal" means a petition for review of an administrative citation. (See 35 Ill.
				  Adm. Code 108.)
"Affidavit" means a sworn, signed statement witnessed by a
				  notary public.
"Agency" means the Illinois Environmental Protection Agency
				  as established by Section 4 of the Act.
"Agency public comment" means information submitted to the
				  Agency on a proposed Agency decision either by oral statement made at an Agency
				  public hearing or written statement submitted to the Agency during the period
				  for comment by the public.
"Agency public hearing" means a public proceeding to provide
				  interested persons an opportunity to understand and comment on a proposed
				  Agency decision.
"Agency public hearing record" means the record of the Agency
				  public hearing, as kept by the Agency.
"Agency recommendation" means the document filed by the
				  Agency under Section 28.1(d)(3), 37(a), or 38.5(g) of the Act in which the
				  Agency provides its recommended disposition of a petition for an adjusted
				  standard, a variance, or a time-limited water quality standard, respectively.
				  This includes a recommendation to deny, or a recommendation to grant with or
				  without conditions. (See 35 Ill. Adm. Code
				  104.218,
				  104.416,
				  and
				  104.550.)
"Agency record" means a record of final Agency decision, as
				  kept by the Agency, of those documents required by the State agency record
				  meeting the applicable requirements of 35 Ill. Adm. Code 105.
"Amicus curiae brief" means a brief filed in a proceeding by
				  any interested person who is not a party. (See Sections
				  101.110 and
				  101.628.)
"Applicant" means any person who submits, or has submitted,
				  an application for a permit or for local siting approval under any of the
				  authorities to issue permits or granting of siting approval identified in
				  Sections 39, 39.1, and 39.5 of the Act.
"Article" means
any object, material, device or
				  substance, or whole or partial copy thereof, including any writing, record,
				  document, recording, drawing, sample, specimen, prototype, model, photograph,
				  culture, microorganism, blueprint or map.
[415 ILCS
				  5/7.1]
"Attorney General" means the Attorney General of the State of
				  Illinois or his or her representatives.
"Authorized representative" means any person who is
				  authorized to act on behalf of another person.
"Board" means the Illinois Pollution Control Board as created
				  in Section 5 of the Act or, if applicable, its designee.
"Board decision" means an opinion or an order voted in favor
				  of by at least three members of the Board at an open Board meeting except in a
				  proceeding to remove a seal under Section 34(d) of the Act.
"Board designee" means an employee of the Board who has been
				  given authority by the Board to carry out a function for the Board (e.g., the
				  Clerk, Assistant Clerk of the Board, or hearing officer).
"Board meeting" means an open meeting held by the Board under
				  Section 5(a) of the Act in which the Board makes its decisions and
				  determinations.
"Board's procedural rules" means the Board's regulations at
				  35 Ill. Adm. Code 101 through 130.
"Brief" means a written statement that summarizes the facts
				  of a proceeding, states the pertinent laws, and argues how the laws apply to
				  the facts supporting a position.
"CAAPP" means the Clean Air Act Permit Program, as adopted in
				  Section 39.5 of the Act.
"CAAPP permit" means any permit issued, renewed, amended,
				  modified or revised under Section 39.5 of the Act.
"CAAPP permit appeal" means an appeal of a CAAPP permit as
				  addressed by 35 Ill. Adm. Code 105.
"Certificate of acceptance" means a certification, executed
				  by a successful petitioner in a variance proceeding, in which the petitioner
				  agrees to be bound by all terms and conditions that the Board has affixed to
				  the grant of variance.
"Chairman" means the Chairman of the Board designated by the
				  Governor under Section 5(a) of the Act.
"Citizen's enforcement proceeding" means an enforcement
				  action brought before the Board under Section 31(d) of the Act by any person
				  who is not authorized to bring the action on behalf of the People of the State
				  of Illinois.
"Clean Air Act" or "CAA"
means the
federal
Clean Air Act, as now and hereafter amended
(
42 USC
				  7401 et seq.).
[415 ILCS
				  5/39.5]
"Clean Water Act" means the federal Clean Water Act
				  (33 USC
				  1251 et seq.).
"Clerk" means the Clerk of the Board.
"Clerk's Office On-Line" or "COOL" means the Board's
				  web-based file management system that allows electronic filing of and access to
				  electronic documents in the records of the Board's adjudicatory, regulatory,
				  and time-limited water quality standard proceedings. COOL is located on the
				  Board's website at pcb.illinois.gov.
"Code of Civil Procedure" means 735 ILCS 5.
"Complaint" means the initial filing that begins an
				  enforcement proceeding under Section 31 of the Act and 35 Ill. Adm. Code
				  103.
"Compliance plan" means a detailed description of a program
				  designed to achieve compliance with the Act and Board regulations.
"Copy" means
any facsimile, replica, photograph or
				  other reproduction of an article, and any note, drawing or sketch made of or
				  from an article.
[415 ILCS 5/7.1]
"Counter-complaint" means a pleading that a respondent files
				  stating a claim against a complainant in an enforcement proceeding. (See 35
				  Ill. Adm. Code
				  103.206.)
"Cross-complaint" means a pleading that a party files stating
				  a claim against a co-party in an enforcement proceeding. (See 35 Ill. Adm. Code
				  103.206.)
"Cross-media impacts" means impacts that concern multiple
				  environmental areas, such as air, land, and water.
"Decision date" means the date of the Board meeting
				  immediately preceding the decision deadline.
"Decision deadline" means the last day of any decision
				  period, as established by law, within which the Board must decide an
				  adjudicatory proceeding. (See Subpart C. See also Sections 38(a), 40, and 40.1
				  of the Act that establish 120-day decision deadlines for variances, permit
				  appeals, and review of pollution control facility siting decisions
				  respectively.)
"Decision period" means the timeframe established by the Act
				  within which the Board must make a final decision in specified adjudicatory
				  proceedings. (See Subpart C. See also Sections 38(a), 40, and 40.1 of the Act,
				  which establish 120-day decision deadlines for variances, permit appeals, and
				  review of pollution control facility siting decisions, respectively.)
"Deinked stock"
means paper that has been processed
				  to remove inks, clays, coatings, binders and other contaminants.
[415 ILCS
				  20/2.1]
"Delegated unit" means the unit of local government to which
				  the Agency has delegated its administrative citation or other function under
				  Section 4(r) of the Act.
"Digital signature" means
a type of electronic
				  signature created by transforming an electronic document using a message digest
				  function and encrypting the resulting transformation with an asymmetric
				  cryptosystem using the signer's private key such that any person having the
				  initial untransformed electronic document, the encrypted transformation, and
				  the signer's corresponding public key can accurately determine whether the
				  transformation was created using the private key that corresponds to the
				  signer's public key and whether the initial electronic document has been
				  altered since the transformation was made. A digital signature is a security
				  device.
[5 ILCS
				  175/5-105]
"Discovery" means a pre-hearing process that can be used to
				  obtain facts and information about the adjudicatory proceeding to prepare for
				  hearing. The discovery tools include depositions upon oral and written
				  questions, written interrogatories, production of documents or things, and
				  requests for admission.
"DNR" means the Illinois Department of Natural
				  Resources.
"DOA" means the Illinois Department of Agriculture.
"Duplicative" means the matter is identical or substantially
				  similar to one brought before the Board or another forum.
"Electronic" includes
electrical, digital, magnetic,
				  optical, electromagnetic, or any other form of technology that entails
				  capabilities similar to these technologies.
[5
				  ILCS 175/5-105]
"Electronic document" means any notice, information, or
				  filing generated, communicated, received or stored by electronic means to use
				  in an information system or to transmit from one information system to another.
				  (See
				  5 ILCS
				  175/5-105.)
"Electronic signature" means
a signature in
				  electronic formattached to or logically associated with an electronic
				  document.
[5 ILCS
				  175/5-105]
"Environmental Management System Agreement" or "EMSA" means
				  the agreement between the Agency and a sponsor, entered into under Section 52.3
				  of the Act and 35 Ill. Adm. Code 187, that describes the innovative
				  environmental measures to be implemented, schedules to attain goals, and
				  mechanisms for accountability.
"Enforcement proceeding" means an adjudicatory proceeding
				  brought upon a complaint filed under Section 31 of the Act by the Attorney
				  General, State's Attorney, or other persons, in which the complaint alleges
				  violation of the Act, any rule or regulation adopted under the Act, any permit
				  or term or condition of a permit, or any Board order.
"EPRR Act" means the Electronic Products Recycling and Reuse
				  Act [415 ILCS 150].
"Ex parte communication" means
any written or oral
				  communication by any person that imparts or requests material information or
				  makes a material argument regarding potential action concerning regulatory,
				  quasi-adjudicatory, investment, or licensing matters pending before or under
				  consideration by the
Board. For this definition, a time-limited water
				  quality standard proceeding is considered a regulatory matter.
"Ex
				  parte communication" does not include the following:
statements by a person publicly made in a public
				  forum,
including pleadings, transcripts, public comments, and public
				  remarks made part of the proceeding's record;
statements regarding matters of procedure and
				  practice, such as format, the number of copies required, the manner of filing,
				  and the status of a matter; and statements made by a State employee of
				  the
Board
to
Board members
or other employees
				  of the
Board. [5 ILCS
				  430/5-50(b)] For this definition,
				  "Board employee" means a person the Board employs on a full-time, part-time,
				  contract or intern basis. (See Section
				  101.114.)
"Fast-Track rulemaking" means a Clean Air Act rulemaking
				  conducted under Section 28.5 of the Act.
"Federally required rule" means
a rule that is needed
				  to meet the requirements of the federal Clean Water Act, Safe Drinking Water
				  Act, Clean Air Act (including required submission of a State Implementation
				  Plan), or Resource Conservation and Recovery Act, other than a rule required to
				  be adopted under subsection (c) of Section 13, Section 13.3, Section 17.5,
				  subsection (a) or (d) of Section 22.4, or subsection (a) of Section
				  22.40.
[415 ILCS
				  5/28.2]
"Filing" means the act of delivering a document or article
				  into the custody of the Clerk with the intention of incorporating that document
				  or article into the record of a proceeding before the Board. The Clerk's Office
				  is located at 100 West Randolph Street, Suite 11-500, Chicago IL 60601.
				  Electronic filing is done through COOL on the Board's website.
"Final order" means an order of the Board that terminates the
				  proceeding leaving nothing further to litigate or decide and that is subject to
				  judicial review. (See Subpart I.)
"Frivolous" means a request for relief that the Board does
				  not have the authority to grant, or a complaint that fails to state a cause of
				  action upon which the Board can grant relief.
"Hearing" means a public proceeding conducted by a hearing
				  officer when the parties and other interested persons, as provided for by law
				  and the Board's procedural rules, present evidence and argument regarding their
				  positions.
"Hearing officer" means a person licensed to practice law in
				  the State of Illinois who presides over hearings and otherwise carries out
				  record development responsibilities as directed by the Board.
"IAPA" means the Illinois Administrative Procedure Act [5
				  ILCS 100].
"Identical-in-substance rules" or "identical-in-substance
				  regulations" means
State regulations which require the same actions
				  with respect to protection of the environment, by the same group of affected
				  persons, as would federal regulations if USEPA administered the subject program
				  in Illinois.
[415 ILCS
				  5/7.2]
"Initial filing" means the filing that initiates a Board
				  proceeding and opens a docket. For instance, the initial filing in an
				  enforcement proceeding is the complaint; in a permit appeal, it is a petition
				  for review; and in a regulatory proceeding, it is the proposal.
"Innovative environmental measures" means any procedures,
				  practices, technologies or systems that pertain to environmental management and
				  are expected to improve environmental performance when applied. (See 35 Ill.
				  Adm. Code 106.Subpart G.)
"Inquiry hearing" means a hearing conducted by the Board to
				  seek input and comment from the public regarding the need for rulemaking on a
				  specific subject.
"Interlocutory appeal" means an appeal of a Board decision to
				  the appellate court that is not dispositive of all the contested issues in the
				  proceeding. (See Section
				  101.908.) An
				  interlocutory appeal may also be the appeal of a hearing officer ruling to the
				  Board. (See Section
				  101.518.)
"Intervenor" means a person, not originally a party to an
				  adjudicatory proceeding, who voluntarily participates as a party in the
				  proceeding with the permission of the Board. (See Section
				  101.402.)
"Intervention" means the procedure by which a person, not
				  originally a party to an adjudicatory proceeding, voluntarily comes into the
				  proceeding as a party with the permission of the Board. (See Section
				  101.402.)
"JCAR" means the Illinois General Assembly's Joint Committee
				  on Administrative Rules established by the IAPA (see
				  5 ILCS
				  100/5-90).
"Joinder" means the procedure by which the Board adds a
				  person, not originally a party to an adjudicatory proceeding, as a party to the
				  proceeding. (See Section
				  101.403 and 35
				  Ill. Adm. Code 103.206.)
"Misnomer" means a mistake in the name of a properly included
				  party.
"Motion" means a request made to the Board or the hearing
				  officer for obtaining a ruling or order directing or allowing some act to be
				  done in favor of the movant. (See definition of "movant" in this
				  Section.)
"Movant" means the person who files a motion.
"New pollution control facility" means
a pollution
				  control facility initially permitted for development or construction after July
				  1, 1981; or the area of expansion beyond the boundary of a currently permitted
				  pollution control facility; or a permitted pollution control facility
				  requesting approval to store, dispose of, transfer or incinerate, for the first
				  time, any special or hazardous waste.
[415 ILCS
				  5/3.330(b)]
"Non-disclosable information" means
information which
				  constitutes a trade secret; information privileged against introduction in
				  judicial proceedings; internal communications of the several agencies;
				  information concerning secret manufacturing processes or confidential data
				  submitted by any person under the Act.
[415 ILCS
				  5/7(a)]
"Notice list" means the list of persons in a regulatory or
				  time-limited water quality standard proceeding who will receive all Board
				  opinions and orders and all hearing officer orders. Persons on a notice list
				  generally do not receive copies of motions, public comments, or testimony. (See
				  definition of "service list" in this Section. See also 35 Ill. Adm. Code
				  102.422
				  and
				  104.520(b)(4).)
"Notice to reinstate" means a document filed that restarts
				  the decision period after a decision deadline waiver has been filed. The notice
				  will give the Board a full decision period in which to make a decision. (See
				  Section
				  101.308.)
"Oral argument" means a formal verbal statement of advocacy
				  on a proceeding's legal questions made at a Board meeting with the Board's
				  permission. (See Section
				  101.700.)
"OSFM" means Office of the State Fire Marshal.
"OSFM appeal" means an appeal of an OSFM final decision
				  concerning eligibility and deductibility made under Title XVI of the
				  Act.
"OSFM record" means a record of final OSFM decision, as kept
				  by the OSFM, of those documents of the OSFM that constitute the OSFM record
				  relating to the eligibility and deductible decision and meeting the applicable
				  requirements of 35 Ill. Adm. Code 105.
"Participant" means any person, not including the Board or
				  its staff, who takes part in an adjudicatory proceeding but is not a party, or
				  who takes part in a regulatory or other quasi-legislative proceeding or a
				  time-limited water quality standard proceeding before the Board. A person
				  becomes a participant in any of several ways, including filing a comment, being
				  added to the proceeding's notice list, testifying at hearing, or making public
				  remarks at a Board meeting. The participants in a time-limited water quality
				  standard proceeding include the petitioner and the Agency and are further
				  described at 35 Ill. Adm. Code
				  104.520(b).
"Party" means the person by or against whom an adjudicatory
				  proceeding is brought or who is granted party status by the Board through
				  intervention or joinder.
"Party in interest" means the Agency when asked to conduct an
				  investigation under Section 30 of the Act during an ongoing proceeding. (See
				  Section
				  101.404.)
"Peremptory rulemaking" means
any rulemaking that is
				  required as a result of federal law, federal rules and regulations, or an order
				  of a court, under conditions that preclude compliance with the general
				  rulemaking requirements of Section 5-40 of the IAPA and that preclude the
				  exercise by the
Board
as to the content of the rule it is
				  required to adopt.
[5 ILCS
				  100/5-50]
"Permit appeal" means an adjudicatory proceeding brought
				  before the Board under Title X of the Act.
"Person" means
any individual, partnership,
				  co-partnership, firm, company, limited liability company, corporation,
				  association, joint stock company, trust, estate, political subdivision, state
				  agency, or any other legal entity, or their legal representative, agent or
				  assigns.
[415 ILCS 5/3.315]
"Petition" means the initial filing in an adjudicatory
				  proceeding (other than an enforcement proceeding) or a time-limited water
				  quality standard proceeding.
"Pilot project" means an innovative environmental project
				  that covers one or more designated facilities, designed and implemented in the
				  form of an EMSA. (See Section 52.3 of the Act.)
"Pollution control facility" is defined at Section 3.330(a)
				  of the Act for this Part and 35 Ill. Adm. Code 107.
"Pollution control facility siting appeal" means an appeal of
				  a decision made by a unit of local government filed with the Board under
				  Section 40.1 of the Act.
"Post consumer material" means
paper, paperboard, and
				  fibrous wastes from retail stores, office buildings, homes, and so forth, after
				  the waste has been passed through its end usage as a consumer item, including
				  used corrugated boxes, old newspapers, mixed waste paper, tabulating cards, and
				  used cordage.
Additionally, it includes
all paper, paperboard,
				  and other fibrous wastes that are diverted or separated from the municipal
				  solid waste stream.
[415
				  ILCS 20/3(f)(2)(i) and (ii)] (See
				  also definition of "recycled paper" in this Section.)
"Prehearing conference" means a meeting held in an
				  adjudicatory case or a time-limited water quality standard proceeding to
				  determine the status of the proceedings. A prehearing conference may also be a
				  meeting held in a regulatory proceeding prior to the hearing, the purposes of
				  which
shall be to maximize understanding of the intent and application
				  of the proposal, if possible, and to attempt to identify and limit the issues
				  of disagreement among participants to promote efficient use of time at
				  hearing.
[415 ILCS
				  5/27(d)] (See 35 Ill. Adm. Code
				  102.404
				  and
				  102.406.)
"Proceeding" means an action conducted before the Board under
				  authority granted by Section 5 of the Act or as otherwise provided by law.
				  Board proceedings are generally of two types: quasi-legislative (rulemaking and
				  inquiry proceedings) and quasi-judicial (adjudicatory proceedings). A
				  time-limited water quality standard proceeding is neither adjudicatory nor
				  subject to rulemaking procedural requirements. (See
				  415 ILCS
				  5/38.5(a), (l).)
"Proponent" means any person, not including the Board or its
				  staff, who submits a regulatory proposal to the Board for the adoption,
				  amendment, or repeal of a regulation.
"Provisional variance" means a short-term variance sought by
				  an applicant and issued by the Agency under Section 35(b) of the Act. (See 35
				  Ill. Adm. Code 104.Subpart C.)
"PSD" means the Prevention of Significant Deterioration of
				  Air Quality program as authorized by Section 9.1(c) of the Act and as adopted
				  by 35 Ill. Adm. Code 204.
"PSD permit" means any PSD permit issued, extended or revised
				  under Section 9.1(c) of the Act and 35 Ill. Adm. Code 204.
"PSD permit appeal" means an appeal of a PSD permit as
				  addressed by 35 Ill. Adm. Code 105.
"Public comment" means information submitted to the Board
				  during a pending proceeding either by oral statement made at hearing or written
				  statement filed with the Board.
"Public remarks" mean an oral statement that is publicly made
				  at a Board meeting and directed to the Board concerning a proceeding listed on
				  that meeting's agenda. (See Section
				  101.110(d).)
"PWSO Act" means the Public Water Supply Operations Act [415
				  ILCS 45].
"Qualitative description" means a narrative description
				  pertaining to attributes and characteristics.
"Quantitative description" means a numerically based
				  description pertaining to attributes and characteristics.
"RCRA variance" means a variance from a RCRA rule or a RCRA
				  permit required under Section 21(f) of the Act.
"Record" means the official collection, as kept by the Clerk,
				  of all documents and exhibits including pleadings, transcripts, and orders
				  filed during a proceeding.
"Recycled paper" means paper that contains at least 50%
				  recovered paper material. The recovered paper material must contain at least
				  45% deinked stock or postconsumer material. (See also "postconsumer material"
				  in this Section.)
"Regulatory hearing" or "proceeding" means a hearing or
				  proceeding held under Title VII of the Act or other applicable law regarding
				  regulations.
"Regulatory relief mechanisms" means variances, provisional
				  variances, adjusted standards, and time-limited water quality standards. (See
				  35 Ill. Adm. Code 104.)
"Representing" means, for Part 130,
describing,
				  depicting, containing, constituting, reflecting or recording.
[415 ILCS
				  5/7.1]
"Requester" means, for Part 130, the person seeking from the
				  agency the material claimed or determined to be a trade secret (see
				  415 ILCS
				  5/7.1).
"Resource Conservation and Recovery Act" or "RCRA" means the
				  Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery
				  Act of 1976 (42 USC
				  6901 et seq.).
"Responsible Operator in Charge" means an individual who is
				  designated as a Responsible Operator in Charge of a community water supply
				  under Section 1 of the PWSO Act.
"Rulemaking" or "rulemaking proceeding" means a proceeding
				  brought under Title VII of the Act or other applicable law to adopt, amend, or
				  repeal a regulation.
"Sanction" means a penalty or other mechanism used by the
				  Board to provide incentives for compliance with the Board's procedural rules,
				  Board orders or hearing officer orders. (See also Subpart H.)
"SDWA" means the federal Safe Drinking Water Act
				  (42
				  USC 300f et seq.).
"Service" means delivery of a document upon a person. (See
				  Sections
				  101.300(c)
				  and
				  101.304.)
"Service list" means the list of persons designated by the
				  hearing officer or Clerk in a regulatory, adjudicatory, or time-limited water
				  quality standard proceeding upon whom parties or participants must serve
				  motions, prefiled questions, prefiled testimony, and any other documents that
				  the parties or participants file with the Clerk unless the hearing officer
				  otherwise directs. (See definition of "notice list" in this Section. See also
				  35 Ill. Adm. Code 102.422.)
"Severance" means the separation of a proceeding into two or
				  more independent proceedings, each of which terminates in a separate, final
				  judgment.
"Site-specific rule or regulation" means a proposed or
				  adopted regulation, not of general applicability, that applies only to a
				  specific facility, geographic site, or activity. (See 35 Ill. Adm. Code
				  102.208.)
"Sponsor" means the proponent of a pilot project that enters
				  into an EMSA with the Agency.
"State enforcement proceeding" means an enforcement
				  proceeding, other than a citizen's enforcement proceeding, that is brought
				  under Section 31 of the Act.
"Stay" means a temporary suspension of the regular progress
				  of a proceeding under an order of the Board or by operation of law. (See
				  Section
				  101.514.)
"Subpoena" means a command to appear at a specified time and
				  place to testify on a specified matter.
"Subpoena duces tecum" means a document that compels the
				  production of specific documents and other items at a specified time and
				  place.
"Summary judgment" means the disposition of an adjudicatory
				  proceeding without hearing when the record, including pleadings, depositions
				  and admissions on file, together with any affidavits, shows that there is no
				  genuine issue of material fact, and that the moving party is entitled to
				  judgment as a matter of law. (See Section
				  101.516.)
"Third-party complaint" means a pleading that a respondent
				  files stating a claim against a person who is not already a party to the
				  enforcement proceeding. (See 35 Ill. Adm. Code 103.206.)
"Time-Limited Water Quality Standard" or "TLWQS" means a
				  time-limited designated use and criterion for a specific pollutant or water
				  quality parameter that reflects the highest attainable condition during the
				  term of that relief. (See 35 Ill. Adm. Code 104.Subtitle E.)
"Trade secret" means
the whole or any portion or
				  phase of any scientific or technical information, design, process (including a
				  manufacturing process), procedure, formula or improvement, or business plan
				  which is secret in that it has not been published or disseminated or otherwise
				  become a matter of general public knowledge, and which has competitive value. A
				  trade secret is presumed to be secret when the owner thereof takes reasonable
				  measures to prevent it from becoming available to persons other than those
				  selected by the owner to have access thereto for limited purposes.
[415 ILCS
				  5/3.490]
"Transcript" means the official recorded testimony from a
				  hearing or public remarks from a Board meeting.
"USEPA" means the United States Environmental Protection
				  Agency.
"Underground storage tank appeal" or "UST appeal" means an
				  appeal of an Agency final decision made under Title XVI of the Act.
"UST" means underground storage tank.
"Variance" means a temporary exemption from any specified
				  regulation, requirement, or order of the Board granted to a petitioner by the
				  Board under Title IX of the Act
upon presentation of adequate proof
				  that compliance with the rule or regulation, requirement or order of the Board
				  would impose an arbitrary or unreasonable hardship.
[415 ILCS
				  5/35(a)]
"Waiver" means the intentional relinquishing of a known
				  right, usually regarding a hearing before the Board or entry of a Board
				  decision within the decision period. (See also Section 101.308.)
"Website" means the Board's computer-based informational and
				  filing service accessed on the Internet at pcb.illinois.gov.