TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXVIII: POLLUTION CONTROL BOARD
PART 2175
ORGANIZATION, PUBLIC INFORMATION, AND TYPES OF PROCEEDINGS
SECTION 2175.100 SUMMARY AND PURPOSE
Section 2175.100 Summary and
Purpose
As required by Section 5-15 of
the Illinois Administrative Procedure Act (IAPA) [5 ILCS 100/5-15] and Section
140/4 of the Freedom of Information Act (FOIA) [5 ILCS 140/4], this Part specifies
the administrative rules that apply to the Illinois Pollution Control Board
(Board). These rules generally explain what the Board is, how the Board is
organized and operates, and how the public can get information from the Board.
These rules do not explain, the Board's procedural requirements for processing rulemakings,
adjudicatory cases, and other proceedings. Those procedural rules are found at
35 Ill. Adm. Code 101-130. If there is a conflict between the Board's
procedural rules (35 Ill. Adm. Code 101-130) and this Part, the procedural
rules will control.
(Source: Amended at 44 Ill.
Reg. 14166, effective August 21, 2020)
 | TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXVIII: POLLUTION CONTROL BOARD
PART 2175
ORGANIZATION, PUBLIC INFORMATION, AND TYPES OF PROCEEDINGS
SECTION 2175.105 BOARD MEMBERSHIP
Section 2175.105 Board
Membership
a) The Board was created under Section 5 of the Environmental
Protection Act (Act) [415 ILCS 5/5]. The Board is a quasi-legislative and
quasi-judicial administrative agency responsible for adopting environmental
regulations and deciding certain environmental disputes and cases brought under
the Act. The Board determines, defines, and implements environmental control
standards in compliance with the Act.
b) The Board is comprised of five technically qualified members.
The members are appointed by the Governor with the advice and consent of the
Senate, for a term of three years.
c) The Governor designates one member to serve as Chair. The Chair
serves at the pleasure of the Governor and is responsible for the
administration of the Board.
d) Under
Section 3.1 of the Executive Reorganization Implementation Act [15 ILCS
15/3.1], the Board is an agency of State government that is created by law
with the primary responsibility of exercising regulatory or adjudicatory
functions independently of the Governor. As such, the Board is excluded
from the term "Agency directly responsible to the Governor" or
"agency" as defined in the Executive Reorganization
Implementation Act [15 ILCS 15/3.1].
(Source: Amended at 44 Ill.
Reg. 14166, effective August 21, 2020)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXVIII: POLLUTION CONTROL BOARD
PART 2175
ORGANIZATION, PUBLIC INFORMATION, AND TYPES OF PROCEEDINGS
SECTION 2175.110 ORGANIZATION AND SUPERVISORY RELATIONSHIPS
Section 2175.110
Organization and Supervisory Relationships
a) Each member of the Board is aided by a confidential advisor
who may be an attorney or who may have an advanced technical degree. The Chair
may have two confidential advisors.
b) To carry out its functions, the Board is comprised of the
following offices and units: Clerk's Office, Legal Unit, Technical Unit, and
Fiscal Unit. The function of each is as follows:
1) Clerk's Office. This office is responsible for the
processing, maintaining, and distributing all materials related to Board regulatory,
adjudicatory, and time-limited water quality standard (TLWQS) proceedings. The
Clerk's Office is located in Chicago.
2) Legal
Unit. This unit is responsible for general legal functions of the Board and
case or rule-related legal responsibilities.
3) Technical Unit. This unit is responsible for gathering
technical and scientific data required by the Board in the performance of its
duties and for advising the Board on technical issues related to pending adjudicatory
cases and rulemakings.
4) Fiscal, Personnel, and Information Technology Unit. This unit
is responsible for budgeting, expenditures, procurement, computer operations, personnel,
and related duties.
c) The Board may also employ other professional staff to carry
out its functions and mandates, including an Executive Director, a General
Counsel, a Human Resources Manager, an Information Systems Analyst, and a
Rulemaking Coordinator.
d) Organizational relationships are shown in the organizational
chart in Appendix A. Detailed descriptions of the specific responsibilities
and duties of each of the job titles are maintained in the Board's Springfield
office.
(Source: Amended at 46 Ill.
Reg. 9973, effective May 26, 2022)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXVIII: POLLUTION CONTROL BOARD
PART 2175
ORGANIZATION, PUBLIC INFORMATION, AND TYPES OF PROCEEDINGS
SECTION 2175.115 LOCATION OF OFFICES AND ACCESS
Section 2175.115 Location of
Offices and Access
a) The Board maintains two central offices, one in Chicago and
one in Springfield.
b) The Clerk's Office is located in the Chicago office. The
address and general telephone number of the Chicago office is:
Illinois Pollution Control Board
60 E. Van Buren St.
Suite 630
Chicago, Illinois 60605
(312) 814-3620
(312) 814-3669 (Fax)
c) The address and general telephone number of the Springfield
office is:
Illinois Pollution Control Board
2520 West Iles Avenue
Springfield, Illinois 62704
(217) 524-8500
(217) 524-8508 (Fax)
d) Instructions for
Accessing the Board's Chicago Office
1) The Board's
Chicago office is located in a private, non-government building. For ease of
access, visitors may pre-register by emailing or calling the Board's offices, a
member of the Board's staff, a hearing officer, or the Clerk's Office in
advance of their visit.
2) Visitors should
enter the building at 333 South Wabash.
3) Visitors who do
not pre-register must contact the Board's offices, a member of the Board's
staff, a hearing officer, or the Clerk's Office to register when they arrive at
the building.
4) Once visitors
arrive and are registered, they must check in with the CHA building security
desk to receive an access card which grants entry to the elevators.
5) If a member of
the public does not wish to register but wishes to conduct business with the
Board in person, they may contact the Board's office to arrange to have a
member of the Board staff meet the member of the public in the lobby of the
building for assistance.
(Source: Amended at 49 Ill.
Reg. 3109, effective February 28, 2025)
ADMINISTRATIVE CODE TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXVIII: POLLUTION CONTROL BOARD
PART 2175 ORGANIZATION, PUBLIC INFORMATION, AND TYPES OF PROCEEDINGS
SECTION 2175.120 BOARD MEETINGS
Section 2175.120 Board
Meetings
a) The Board makes all decisions on adjudicatory cases and
regulatory matters at open meetings of the Board noticed and held in compliance
with the Open Meetings Act [5 ILCS 120]. The Board may also hold meetings that
are closed to the public under Section 2(c) of the Open Meetings Act [5 ILCS
120/2(c)], including closed deliberative sessions under Section 2(c)(4) of the
Open Meetings Act [5 ILCS 120/2(c)(4)].
b) Open Board meetings may be held when a quorum of Board members
is present. Three members of the Board shall constitute a quorum to
transact business; and the affirmative vote of 3 members is necessary to adopt
any order. [415 ILCS 5/5(a)]
c) The
Board may hold a closed meeting upon a majority vote of a quorum present taken
at an open meeting for which notice has been given as required by the Open
Meetings Act [5 ILCS 120/2a]. Closed meetings may be held when a majority of a
quorum is present. (See 5 ILCS 120/2).
d) Board members may attend meetings in the following ways:
1) Meetings, whether open or closed, may be held with Board
members present physically or by videoconference. Closed meetings may also be
held with Board members present telephonically. (See 5 ILCS 120).
2) If a quorum of Board members is present physically or by
videoconference at an open meeting, a majority of the Board may allow a Board
member to attend the meeting telephonically if the member cannot otherwise
attend because of personal illness or disability, the business of the Board, a
family or other emergency, or unexpected childcare obligations. (See 5 ILCS
120/7(a)). In these instances, the Board member who wishes to attend
telephonically will notify the Clerk of the Board before the meeting unless
advance notice is impractical.
3) Meetings,
whether open or closed, may be conducted by audio or video conference, without
the physical presence of a quorum of the members, so long as the meeting meets
the conditions of Section 7(e) of the Open Meetings Act [5 ILCS 120/7(e)].
e) Section 5 of the Act requires the Board to hold at least one open
meeting each month and allows the Board to hold special and emergency meetings.
[See 415 ILCS 5/5]. The Chair or two Board members may call a special or
emergency meeting of the Board that is open to the public.
(Source: Amended at 48 Ill.
Reg. 15643, effective September 18, 2024)
|
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXVIII: POLLUTION CONTROL BOARD
PART 2175
ORGANIZATION, PUBLIC INFORMATION, AND TYPES OF PROCEEDINGS
SECTION 2175.125 PUBLIC NOTICE OF OPEN BOARD MEETINGS AND CLOSED DELIBERATIVE SESSIONS
Section 2175.125 Public
Notice of Open Board Meetings and Closed Deliberative Sessions
a) Public Notice of Regular Open Board Meetings and Closed
Deliberative Sessions.
1) The Board adopts annual schedules of open meetings. Regular open
Board meetings are generally held twice a month, generally every first and
third Thursday of the month at a location in Chicago, at the Board's
Springfield office, or by video conference between the two locations. The
dates, times and locations are subject to change.
2) Notification of regular open Board meetings is given in the
Board's Environmental Register, a quarterly publication available free of
charge in hard copy at the Board’s Chicago and Springfield offices, on the
Board's Website (see Section 2175.310), and by email subscription. Notification
of all regular open Board meetings and closed deliberative sessions is also provided
under Sections 2.02 and 2.03 of the Open Meetings Act [5 ILCS 120/2.02 and
2.03].
A) At least 48 hours before each regular open Board meeting and
closed deliberative session, an agenda for the meeting or session is posted at
the Board's Chicago office and at any other location where the meeting or
session is to be held. Each agenda is also posted on the Board's Website and
remains so posted at least until the conclusion of the regular meeting or
session.
B) Notification of the annual schedule of regular open Board
meetings is given at the beginning of each calendar year by posting a copy of
the schedule at the Board's Chicago office. In addition, the annual schedule
is posted on the Board's Website and remains so posted at least until a new
public notice of the schedule of regular meetings and sessions is approved and
posted.
b) Public Notice of Special or Emergency Meetings.
1) Whether a special or emergency meeting is an open Board
meeting or a closed deliberative session, notice of a special or emergency meeting
will generally be given to all Board members and the public at least 48 hours
prior to the meeting. If, however, a majority of the Board certifies that an
emergency exists and exigencies of time are such that the 48-hour notice must
be dispensed with, notice to the public of an emergency meeting will be given as
soon as is reasonably practicable, but prior to holding the meeting.
2) Notice
of a special or emergency meeting will include a copy of the meeting agenda and
will be posted at the Board's Chicago office, at any other location where the
meeting is to be held, and on the Board's Website (see Section 2175.310), under
Section 2.02 of the Open Meetings Act [5 ILCS 120/2.02].
3) Despite
subsections (b)(1) and (2), at any open Board meeting for which notice has been
given as required by the Open Meetings Act, the Board may, without additional
notice under Section 2.02 of the Open Meetings Act [5 ILCS 120/2.02], hold a
special or emergency closed deliberative session. Only topics specified in the
vote to close the meeting may be considered during the closed deliberative
session [5 ILCS 120/2a] (see Section 2175.120(c)).
c) Notice to Media. The Board gives notice of regular, special,
or emergency meetings, whether the meeting is an open Board meeting or a closed
deliberative session, to any news medium that has filed an annual request for
such notice under Section 2.02(b) of the Open Meetings Act [5 ILCS 120/2.02(b)].
d) Videoconference
and Teleconference. Whether the meeting is a regular, special, or emergency
meeting, the Board may hold its open meetings and closed deliberative sessions
by videoconference between Chicago and Springfield locations. Open Board
meetings may be attended by the public at both locations.
1) A
Board member may attend an open Board meeting telephonically under Section
2175.120(d)(2) and (3) and the Open Meetings Act [5 ILCS 120/7(a), (e)].
2) The
Board may hold its closed deliberative sessions by teleconference.
(Source: Amended at 46 Ill.
Reg. 9973, effective May 26, 2022)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXVIII: POLLUTION CONTROL BOARD
PART 2175
ORGANIZATION, PUBLIC INFORMATION, AND TYPES OF PROCEEDINGS
SECTION 2175.130 AGENDA OF OPEN BOARD MEETINGS AND CLOSED DELIBERATIVE SESSIONS
Section 2175.130 Agenda of Open
Board Meetings and Closed Deliberative Sessions
a) The Board maintains an agenda for each of its open Board
meetings and closed deliberative sessions in compliance with Section 2.02 of
the Open Meetings Act [5 ILCS 120/2.02]. Open Board meeting agendas contain
the list of rulemakings, adjudicatory cases, and motions that may be decided by
the Board at that meeting. Closed deliberative session agendas contain the list
of adjudicatory cases on which the Board may deliberate at that session.
Agendas are posted at the Board's Chicago office, at any other location where
the meeting or session is to be held, and on the Board's Website (see Section
2175.310).
b) The Board does not generally place any item on an open Board
meeting agenda that has been filed less than two full days before the meeting.
c) The Board may also issue an addendum to the agenda of an open
Board meeting or closed deliberative session and, as provided for in Section
2.02(a) of the Open Meetings Act [5 ILCS 120/2.02(a)], may consider items not
specifically on the agenda.
(Source: Amended at 44 Ill.
Reg. 14166, effective August 21, 2020)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXVIII: POLLUTION CONTROL BOARD
PART 2175
ORGANIZATION, PUBLIC INFORMATION, AND TYPES OF PROCEEDINGS
SECTION 2175.135 MINUTES OF OPEN BOARD MEETINGS; MINUTES AND VERBATIM RECORD OF CLOSED DELIBERATIVE SESSIONS
Section 2175.135 Minutes of Open
Board Meetings; Minutes and Verbatim Record of Closed Deliberative
Sessions
a) The Board will keep minutes of all open Board meetings in compliance
with Section 2.06(a) of the Open Meetings Act [5 ILCS 120/2.06(a)]. Minutes of
all open meetings will be available to the public at the Clerk's Office and on
the Board's Website (see Section 2175.310) within seven days of approval of the
minutes. The minutes will remain posted on the Board's Website for at least 60
days after their initial posting [5 ILCS 120/2.06(b)]. The minutes will
include the time, date, and place of the meeting, the items decided and the
numeric decision vote, the Board members recorded as present or absent, and
whether the members were present physically, by videoconference, or
telephonically.
b) The Board will keep a verbatim record of open meetings held
under Section 7(e) of the Open Meetings Act [5 ILCS 120/7(e)], either in the
form of audio or video recording. Verbatim records will be made available to
the public, and are otherwise subject
to, the provisions of Section 2.06 of the Open Meetings Act [5
ILCS 120/2.06].
c) The
Board will keep minutes of all its closed deliberative sessions in compliance
with Section 2.06(a) of the Open Meetings Act [5 ILCS 120/2.06(a)]. Minutes of
all these sessions will be available to the public only as required by Sections
2.06(d) and (f) of the Open Meetings Act [5 ILCS 120/2.06(d) and (f)]. The
minutes will include the time, date, and place of the session, the items on
which the Board deliberated, the Board members recorded as present or absent,
and whether the members were present physically, by videoconference, or
telephonically.
d) The
Board will keep a verbatim record of all its closed deliberative sessions in
the form of an audio or video recording in compliance with Section 2.06(a) of
the Open Meetings Act (5 ILCS 120/2.06(a)). Verbatim recordings of all closed
sessions will be available to the public only as required by Sections 2.06(c)
and (e) of the Open Meetings Act [5 ILCS 120/2.06(c) and (e)].
(Source: Amended at 44 Ill.
Reg. 14166, effective August 21, 2020)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXVIII: POLLUTION CONTROL BOARD
PART 2175
ORGANIZATION, PUBLIC INFORMATION, AND TYPES OF PROCEEDINGS
SECTION 2175.140 ACCESSIBILITY OF OPEN BOARD MEETINGS AND HEARINGS
Section 2175.140
Accessibility of Open Board Meetings and Hearings
In compliance with the Americans
with Disabilities Act and other applicable federal and State laws, the Board
will make every effort to hold public meetings and hearings in facilities that
are accessible to people with disabilities. Persons requiring these services
should contact the Clerk of the Board at 60 E. Van Buren St., Suite 630,
Chicago, Illinois 60605 or at 312/814-3620 at least five days prior to a Board
meeting or hearing.
(Source: Amended at 46 Ill.
Reg. 9973, effective May 26, 2022)
SUBPART B: FEES AND FORMS OF PAYMENT
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXVIII: POLLUTION CONTROL BOARD
PART 2175
ORGANIZATION, PUBLIC INFORMATION, AND TYPES OF PROCEEDINGS
SECTION 2175.200 FILING FEES
Section 2175.200 Filing Fees
a) A person filing an action for which a filing fee is prescribed
by Section 7.5 of the Act [415 ILCS 5/7.5] must pay that fee at the time the
petition is presented to the Clerk for filing.
b) The following initial filings require filing fees and will
only be considered filed when accompanied by the appropriate fee:
1) Petition for Site-Specific Regulation, $75;
2) Petition for Variance, $75;
3) Petition for Review of Illinois Environmental Protection Agency
(Agency) Permit Decision, Underground Storage Tank (UST) Decision, or any other
final determination under Section 40 of the Act [415 ILCS 5/40], $75;
4) Petition to Contest Local Government Pollution Control
Facility Siting Decision, under Section 40.1 of the Act [415 ILCS 5/40.1], $75;
5) Petition for Adjusted Standard, under Section 28.1 of the Act
[415 ILCS 5/28.1], $75; and
6) Petitions for a time-limited water quality standard, $75.
c) The Clerk will refuse to file any petition that is not
accompanied by the required fee. The fee must be paid in the form specified in
Section 2175.215.
(Source: Amended at 44 Ill.
Reg. 14166, effective August 21, 2020)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXVIII: POLLUTION CONTROL BOARD
PART 2175
ORGANIZATION, PUBLIC INFORMATION, AND TYPES OF PROCEEDINGS
SECTION 2175.205 COPYING FEES
Section 2175.205 Copying
Fees
a) Most files, records, and data are available on the Board's Website
(see Section 2175.310), where they may be viewed, searched, and downloaded free
of charge. Copies may also be made at the Board office in Chicago upon payment
of reasonable reproduction fees as prescribed by Section 6 of FOIA [5 ILCS
140/6]. When reasonably practicable, materials may be provided electronically
in the form of compact disk, or other appropriate portable electronic storage
device. The fee for this material will be based on actual costs incurred by
the Board.
b) State
agencies are, upon request, provided a hard copy of opinions and orders and
transcripts free of charge.
c) Fees will be waived or
reduced if:
1) The
requestor is a constitutional officer or a member of the General Assembly; or
2) The
requestor states the specific purpose for the request and indicates that a
waiver or reduction of the fee is in the public interest. Waiver or reduction of
the fee is in the public interest if the principal purpose of the request is to
access and disseminate information regarding the health, safety, and welfare or
the legal rights of the general public and is not for the purpose of personal
or commercial benefit [5 ILCS 140/6(c)].
d) No
fee will be charged to inspect records. Inspection of records can only take
place in Chicago at the Clerk's Office.
(Source: Amended at 44 Ill.
Reg. 14166, effective August 21, 2020)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXVIII: POLLUTION CONTROL BOARD
PART 2175
ORGANIZATION, PUBLIC INFORMATION, AND TYPES OF PROCEEDINGS
SECTION 2175.210 COPYING PROCEDURES
Section 2175.210 Copying
Procedures
a) All files, records, and data may be copied at the Board's
Chicago office upon payment, except for information exempted under Section 7 of
FOIA [5 ILCS 140/7]. (See Section 2175.300.)
b) The Board will contract for any copying that would impose a
substantial administrative burden on the Board. The person requesting those
copies will be charged the reproduction charges incurred by the Board.
c) Requests for copies will be honored in as timely a manner as is
reasonably practicable. Requests to receive copies by mail will be honored.
However, the Board reserves the right to charge the requesting party for the
mailing costs incurred by the Board.
(Source: Amended at 44 Ill.
Reg. 14166, effective August 21, 2020)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXVIII: POLLUTION CONTROL BOARD
PART 2175
ORGANIZATION, PUBLIC INFORMATION, AND TYPES OF PROCEEDINGS
SECTION 2175.215 FORMS OF PAYMENT
Section 2175.215 Forms of
Payment
a) All
amounts may be paid:
1) In
the form of a check or money order made payable to the Illinois Pollution
Control Board;
2) Electronic
Payment using Illinois ePAY; or
3) A
State agency may use an Office of the Comptroller voucher to remit payment for
filing fees (see Section 2175.200) and copy fees (see Section 2175.205).
b) If a check for filing fees is not honored by petitioner's
bank, the Fiscal Officer may require that payment be made within 48 hours by
certified check or money order. Failure to make payment may subject petitioner
to sanctions as provided in the Board's procedural rules. (See 35 Ill. Adm.
Code 101.800)
c) If a check for copying fees is not honored by the remitter's
bank, the Fiscal Officer may require that payment be made within 48 hours by
certified check or money order. The Fiscal Officer may also require that copy
fees be paid only by certified check or money order prior to the conveyance of
material for any entity or individual who remits to the Board a check that
subsequently is not honored by the remitter's bank.
(Source: Amended at 46 Ill.
Reg. 9973, effective May 26, 2022)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXVIII: POLLUTION CONTROL BOARD
PART 2175
ORGANIZATION, PUBLIC INFORMATION, AND TYPES OF PROCEEDINGS
SECTION 2175.220 OTHER FEES/COSTS
Section 2175.220 Other
Fees/Costs
The Board may, in its procedural
rules (see 35 Ill. Adm. Code 101.130), provide for the payment of certain types
of its costs where appropriate.
(Source: Amended at 30 Ill.
Reg. 14990, effective August 29, 2006)
SUBPART C: PUBLIC INFORMATION
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXVIII: POLLUTION CONTROL BOARD
PART 2175
ORGANIZATION, PUBLIC INFORMATION, AND TYPES OF PROCEEDINGS
SECTION 2175.300 FILES OPEN TO REASONABLE INSPECTION
Section 2175.300 Files Open
to Reasonable Inspection
a) The Clerk will maintain files containing all information
submitted to or produced by the Board or any of its members relating to matters
within the Board's jurisdiction. The files will include: pleadings, motions,
notices, minutes, transcripts, exhibits, orders and opinions, proposed and
adopted regulations, the Environmental Register and other Board releases,
business records, and informal complaints.
b) Under the Illinois State Records Act, the Clerk will maintain
for five years all documents submitted by the parties in adjudicatory cases and
participants in rulemakings [5 ILCS 160]. After five years, the documents will
be archived as directed by the Illinois State Archives and will be maintained
by the Board. Documents archived for the Board's record are subject to
destruction unless the parties or participants request that the documents be
returned at the closure of the five year period. Over-sized exhibits that are
not capable of being microfilmed will be returned to the parties or
participants at their request or destroyed.
c) All files, records, and data, other than personnel files, are
maintained by the Clerk's Office and are available from the Clerk of the Board,
in the Board's Chicago office. Most of these materials are also available
through the Board’s Website (see Section 2175.310), where they may be viewed,
searched, and downloaded. These materials include:
1) Documents filed in an adjudicatory case or a rulemaking, including
appearances, pleadings, exhibits, motions, transcripts of hearings, and public
comments;
2) Opinions and orders of the Board;
3) Documents published by the Board for use by the general
public, such as the Environmental Register.
d) The files, records, and data of the Board are open to
reasonable public inspection and copying in the Board's Chicago office, except
for information exempted under Section 7 of FOIA [5 ILCS 140/7], including
information that constitutes a trade secret; information privileged against
introduction in judicial proceedings; internal communication between or among the
Board and staff; draft orders and opinions and orders; and technical unit
memoranda.
e) The Board has adopted procedural rules at 35 Ill. Adm. Code 130
to establish the procedures to be followed by any person to obtain protection for
trade secrets and other non-disclosable information as described in Section 7
of the Act [415 ILCS 5/7]. (See 35 Ill. Adm. Code 130.)
(Source: Amended at 46 Ill.
Reg. 9973, effective May 26, 2022)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXVIII: POLLUTION CONTROL BOARD
PART 2175
ORGANIZATION, PUBLIC INFORMATION, AND TYPES OF PROCEEDINGS
SECTION 2175.305 PUBLICATIONS
Section 2175.305
Publications
a) Environmental Register
1) The Board's quarterly publication, the Environmental
Register, contains reports of the Board's activities and notices of
meetings and hearings. Single hard copies are provided free of charge at the
Board's Chicago and Springfield offices.
2) The Environmental Register is provided free of charge
on the Board's Website and by email subscription (see Section 2175.310).
b) Opinions, Orders, Regulations
1) Copies of opinions and orders of the Board are available as
provided at Section 2175.205, including through the Board's Website (see
Section 2175.310).
2) The Board's opinions and orders are also available through
various commercial services including LEXIS and Westlaw.
3) The Board's regulations are published in the Illinois Register
(see Section 2175.305(d)) and by various commercial services. The Board's
regulations are provided free of charge on the Board's Website (see Section
2175.310).
c) Annual Report
1) The Board publishes an Annual Report. The report includes
information regarding the Board's membership, regulatory and case activities
for the fiscal year, a summary of legislative activity affecting the Board, a
summary of Board decisions reviewed by the courts during the fiscal year, and
information on administrative activities.
2) Single hard copies of the Annual Report are provided free of
charge at the Board's Chicago and Springfield offices. The Annual Report is
also available free of charge on the Board's Website (see Section 2175.310).
d) Illinois Register
1) Required Filings. The Illinois Register is a publication
containing all State regulations and is published by and available from the
Office of the Secretary of State and various commercial services. The Board is
required to publish the following information in the Illinois Register:
A) Notice of all proposed and adopted regulations as required by
Section 5-40 of the IAPA [5 ILCS 100/5-40]. The notices describe the rules,
contain contact names for questions, and provide directions for participation
at public hearings and submission of written comments.
B) Notice of all emergency and peremptory regulations as required
by Sections 5-45 and 5-50 of the IAPA [5 ILCS 100/5-45 and 5/50]. The notices
describe the rules and contain contact names for questions.
C) Results of Board determinations in adjusted standards
proceedings under Section 28.1 of the Act [415 ILCS 5/28.1]. The Board
publishes this list at the close of each fiscal year, in July or August
depending upon the Illinois Register publication schedule.
D) A regulatory agenda setting forth rules that the Board may be
considering during a six-month period. This agenda lists rules before
publication of the notice described in subsection (d)(1). The regulatory agenda
appears in January/February or July/August of each year, depending upon the Illinois
Register publication schedule. The agenda describes the anticipated rules,
contains contact names for questions, and provides directions for public
participation.
2) Discretionary filings. Section 7.3 of the Act [415 ILCS 5/7.3]
and Section 5-70(b) of the IAPA [5 ILCS 100/5-70(b)] allow the Board to publish
other documents concerning its activities. These include notices of public
hearings, and notices of proposed and adopted identical-in-substance rules as
discussed in Section 7.2 of the Act [415 ILCS 5/7.2].
(Source: Amended at 46 Ill.
Reg. 9973, effective May 26, 2022)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXVIII: POLLUTION CONTROL BOARD
PART 2175
ORGANIZATION, PUBLIC INFORMATION, AND TYPES OF PROCEEDINGS
SECTION 2175.310 BOARD WEBSITE
Section 2175.310 Board Website
a) The Board maintains a Website with information that includes
the following:
1) Board Members' Profiles and a Citizen's Guide to the Board;
2) Environmental Register;
3) Open Board Meeting and Closed Deliberative Session Dates and
Agendas;
4) Procedural Rules in Title 35 of the Illinois Administrative
Code;
5) Administrative Rules in Title 2 of the Illinois Administrative
Code;
6) Annual Reports;
7) Pending Rulemakings;
8) Open Board Meeting Minutes;
9) The
Clerk's Office On-Line (COOL); COOL is the Board's searchable electronic
docketing system for rulemakings and adjudicatory cases, containing Board
opinions and orders, hearing transcripts, and participant and party filings,
all of which may be viewed, searched, and downloaded;
10) Environmental
Regulations in Title 35 of the Illinois Administrative Code;
11) The
Act [415 ILCS 5]; and
12) Formal
and informal complaint forms.
b) The information on the Board's Website can be downloaded free
of Board charges. The Website can be accessed directly at the following
electronic address:
https://pcb.illinois.gov/
c) The Board's Website can also be accessed through the State of
Illinois Web site at the following electronic address:
https://www.illinois.gov/agencies/agency.ipcb.html
(Source: Amended at 46 Ill.
Reg. 9973, effective May 26, 2022)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXVIII: POLLUTION CONTROL BOARD
PART 2175
ORGANIZATION, PUBLIC INFORMATION, AND TYPES OF PROCEEDINGS
SECTION 2175.315 DOCUMENTS PREPARED BY THE CLERK'S OFFICE
Section 2175.315 Documents
Prepared by the Clerk's Office
Various documents are routinely
prepared by and for the Clerk's Office for internal use by the Board and are
also available for inspection and copying.
(Source: Amended at 38 Ill.
Reg. 22834, effective November 24, 2014)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXVIII: POLLUTION CONTROL BOARD
PART 2175
ORGANIZATION, PUBLIC INFORMATION, AND TYPES OF PROCEEDINGS
SECTION 2175.320 REQUESTS FOR INFORMATION
Section 2175.320 Requests
for Information
a) Informal requests for information may be made to any Board
office. Informal requests will be filled promptly upon receipt of the request.
However, where a request for information maintained by the Clerk's Office is
made at a Board office other than the Chicago office, some delay may be
necessary to allow for the Clerk's Office to provide the material. Inspection
of documents can only take place at the Clerk's Office.
b) FOIA Requests:
1) A formal request for information under FOIA must state that it
is a formal request under FOIA. The formal request must be addressed to the Board's
FOI officer, who:
A) Notes the date the
public body receives the written request;
B) Computes
the day on which the period for response will expire and makes a notation of that
date on the written request;
C) Maintains
an electronic or paper copy of a written request, including all documents
submitted with the request, until the request has been complied with or denied;
and
D) Provides
a copy to the Clerk's Office to create a file for the retention of the original
request, a copy of the response, a record of written communications with the
requester, and a copy of other communications.
2) The request must
be submitted in writing and may be submitted by electronic mail (PCB.FOIA@illinois.gov),
fax (312-814-3669), U. S. Mail, or special carrier.
3) The Board will either comply with or deny a request for public
records within 5 business days after its receipt of the request, unless the
time for response is properly extended under Section 3(e) of FOIA [5 ILCS
140/3(e)].
4) If denied, the requests
will be denied under Section 7 and 7.5 of FOIA [5 ILCS 140/7 and 7.5]. Upon a
decision to deny a request, the FOI officer shall notify the requester in
writing of the decision and provide:
A) The reasons for
denial, including a detailed basis for the exemption claimed,
B) the names and
titles or positions of each person responsible for the denial,
C) Information on
the right to review by the Public Access Counselor, and include the address and
phone number for the Public Access Counselor, and
D) Information on
the right to judicial review.
c) Information that
is immediately available on request from the Clerk's Officer, includes, but is
not limited to:
1) Board Meeting
Agendas,
2) Board Meeting
Minutes,
3) Board Opinions
and Orders, and
4) Filings in cases
available in the Clerk's Office On-Line.
(Source: Amended at 48 Ill.
Reg. 15643, effective September 18, 2024)
SUBPART D: ACCESS TO BOARD RULES
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXVIII: POLLUTION CONTROL BOARD
PART 2175
ORGANIZATION, PUBLIC INFORMATION, AND TYPES OF PROCEEDINGS
SECTION 2175.400 ACCESS TO BOARD RULES IN THE ILLINOIS ADMINISTRATIVE CODE
Section 2175.400 Access to
Board Rules in the Illinois Administrative Code
a) All Board rules have been codified under Title 35 of the
Illinois Administrative Code since October 1983. Each general area of
regulation has been assigned a particular Subtitle as set out below:
|
SUBTITLE
|
|
SUBJECT
MATTER
|
|
A
|
|
Procedural
Rules
|
|
B
|
|
Air Rules
|
|
C
|
|
Water Rules
|
|
D
|
|
Mine Rules
|
|
E
|
|
Livestock
Waste
|
|
F
|
|
Public
Water Supplies
|
|
G
|
|
Waste
Disposal
|
|
H
|
|
Noise Rules
|
|
I
|
|
Nuclear
Radiation
|
|
J
|
|
Clean Construction or Demolition Debris
|
|
M
|
|
Biological
Materials
|
|
O
|
|
Right-To-Know
|
b) The Subtitles listed in subsection (a) also include some rules
of the Agency. The Board's rules appear at Chapter I of each of the Subtitles.
(Source: Amended at 46 Ill.
Reg. 9973, effective May 26, 2022)
SUBPART E: RULEMAKING
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXVIII: POLLUTION CONTROL BOARD
PART 2175
ORGANIZATION, PUBLIC INFORMATION, AND TYPES OF PROCEEDINGS
SECTION 2175.500 PROPOSALS
Section 2175.500 Proposals
a) Rulemaking procedures are in the Board's procedural rules at 35
Ill. Adm. Code 102.
1) The
Act provides for five types of rulemakings:
A) Identical-in-substance
rulemakings, as defined in Sections 7.2, 10(H), 13.3, 13, 17.5, 22.4, 22.7, and
22.40, of the Act (415 ILCS 5/7.2, 10(H), 13.3, 13, 17.5, 22.4, 22.7, and 22.40)
(see 35 Ill. Adm. Code 102.610);
B) Federally
required rules, as defined in Section 28.2 of the Act [415 ILCS 5/28.2] (see 35
Ill. Adm. Code 102.Subpart E);
C) Other
regulatory proposals, both of general applicability and not of general
applicability, as allowed by Sections 26, 27, and 28 of the Act [415 ILCS 5/26,
27, and 28] (see 35 Ill. Adm. Code 102.Subpart B);
D) Clean
Air Act fast-track rulemakings, as defined by Section 28.5 of the Act [415 ILCS
5/28.5] (see 35 Ill. Adm. Code 102.Subpart C); and
E) Updating
incorporations by reference, as allowed by Section 28.6 of the Act [415 ILCS
5/28.6] (see 35 Ill. Adm. Code 102.211).
2) The
IAPA provides for three types of rulemakings:
A) General
rulemaking under Section 5-40 of the IAPA [5 ILCS 100/5-40], which includes
first notice and second notice (see 35 Ill. Adm. Code 102.600-102.608);
B) Emergency
rulemaking under Section 5-45 of the IAPA [5 ILCS 100/5-45] (see 35 Ill. Adm.
Code 102.612); and
C) Peremptory rulemaking under Section 5-50 of the IAPA [5 ILCS
100/5-50] (35 Ill. Adm. Code 102.614).
b) Proposals for the adoption, amendment, or repeal of a
substantive regulation may be made by the Agency, the Illinois Department of
Natural Resources (Department), the Board, or any member of the public. Only
the Agency may propose a Clean Air Act fast-track rulemaking [415 ILCS 5/28.5].
Proposals made by the Agency, Department, or Board are automatically scheduled
for hearings.
c) In the case of a proposal made by a member of the public, the
proposal must be accompanied by a petition signed by 200 persons, specifying
home addresses, unless that requirement is waived by the Board. When the
proposal is accompanied by a petition, the matter is placed on the agenda for
Board decision.
(Source: Amended at 44 Ill.
Reg. 14166, effective August 21, 2020)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXVIII: POLLUTION CONTROL BOARD
PART 2175
ORGANIZATION, PUBLIC INFORMATION, AND TYPES OF PROCEEDINGS
SECTION 2175.505 HEARING
Section 2175.505 Hearing
a) All hearings on regulatory proposals are conducted according
to the Board's procedural rules at 35 Ill. Adm. Code 102. These hearings are
open to the public, and at the hearings, the public is permitted to examine the
record, examine witnesses, testify, and submit evidence, except as limited by
the Hearing Officer or Board procedural rules.
b) Unless otherwise directed by the Hearing Officer or the Board,
the rulemaking record remains open for written public comment for a minimum of
14 days following the Board's receipt of the hearing transcript. Any person
may make a written submission on the proposal within this period or during the
first notice period under the IAPA [5 ILCS 100].
(Source: Amended at 44 Ill.
Reg. 14166, effective August 21, 2020)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXVIII: POLLUTION CONTROL BOARD
PART 2175
ORGANIZATION, PUBLIC INFORMATION, AND TYPES OF PROCEEDINGS
SECTION 2175.510 FIRST NOTICE
Section 2175.510 First
Notice
a) The Board may adopt a proposed rule for first notice under
Section 5-40 of the IAPA at any time after a regulatory proceeding is initiated
[5 ILCS 100/5-40]. The proposed rules are filed with the Secretary of State
for first-notice publication in the Illinois Register.
b) The public has a right to comment on the proposed rules during
the first-notice period and retains all other rights set out in Section 5-40 of
the IAPA [5 ILCS 100/5-40].
c) Under Section 28 of the Act, the Board may, after hearing,
revise the proposed regulation before adoption without conducting further
hearings [415 ILCS 5/28].
(Source: Amended at 44 Ill.
Reg. 14166, effective August 21, 2020)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXVIII: POLLUTION CONTROL BOARD
PART 2175
ORGANIZATION, PUBLIC INFORMATION, AND TYPES OF PROCEEDINGS
SECTION 2175.515 SECOND NOTICE
Section 2175.515 Second
Notice
a) Upon termination of the first-notice period, the Board may
adopt the proposal for second notice under Section 5-40 of the IAPA [5 ILCS
100/5-40], for review by the Joint Committee on Administrative Rules (JCAR).
b) After the second-notice period has commenced, the proposed
rules will only be amended in response to JCAR suggestions, recommendations, or
objection.
(Source: Amended at 44 Ill.
Reg. 14166, effective August 21, 2020)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXVIII: POLLUTION CONTROL BOARD
PART 2175
ORGANIZATION, PUBLIC INFORMATION, AND TYPES OF PROCEEDINGS
SECTION 2175.520 ADOPTED RULES
Section 2175.520 Adopted
Rules
a) At the conclusion of the second-notice period, the Board may
adopt a final opinion and order adopting the new or amended rules and setting
forth the reasons for adoption.
b) The adopted rules are then filed with the Secretary of State
and are published in the Illinois Register along with supporting information.
(Source: Amended at 30 Ill.
Reg. 14990, effective August 29, 2006)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXVIII: POLLUTION CONTROL BOARD
PART 2175
ORGANIZATION, PUBLIC INFORMATION, AND TYPES OF PROCEEDINGS
SECTION 2175.525 EMERGENCY RULES
Section 2175.525 Emergency
Rules
Under the Illinois Emergency
Management Agency Act [20 ILCS 3305/7], on proclamation by the Governor that a
disaster exists, or when the Board finds that a severe public health emergency
is involved in relation to any proposed regulation, then such regulation will
take effect without delay and the Board may proceed with the required economic
impact hearings while the regulation continues in effect [415 ILCS 5/27(c)].
When such an emergency exists, or when the Board finds another situation exists
that reasonably constitutes a threat to the public interest, safety, or welfare,
the customary 45-day notice period is waived; however, notice and text of the
emergency rule must be published in the Illinois Register [5 ILCS 100/5-45(b)].
An emergency rule is effective for a maximum period of 150 days under Section
5-45(c) of the IAPA [5 ILCS 100/5-45(c)], but it may be adopted as a permanent
rule by following usual rulemaking procedures.
(Source: Amended at 44 Ill.
Reg. 14166, effective August 21, 2020)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXVIII: POLLUTION CONTROL BOARD
PART 2175
ORGANIZATION, PUBLIC INFORMATION, AND TYPES OF PROCEEDINGS
SECTION 2175.530 PEREMPTORY RULES
Section 2175.530 Peremptory
Rules
When the Board is required by
federal law, federal rules and regulations, or by a court order to adopt a
certain rule, that rule need not be published in the Illinois Register until it
has been adopted under Section 5-50 of the IAPA [5 ILCS 100/5-50]. However,
notice and text of the adopted rule must be published in the Illinois Register under
Section 5-70 of the IAPA [5 ILCS 100/5-70].
(Source: Amended at 44 Ill.
Reg. 14166, effective August 21, 2020)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXVIII: POLLUTION CONTROL BOARD
PART 2175
ORGANIZATION, PUBLIC INFORMATION, AND TYPES OF PROCEEDINGS
SECTION 2175.535 RULES IDENTICAL-IN-SUBSTANCE TO FEDERAL REGULATIONS
Section 2175.535 Rules
Identical-In-Substance to Federal Regulations
a) The Board adopts regulations in the following programs under
Section 7.2 of the Act (415 ILCS 5/7.2) that are identical-in-substance to
federal regulations and which are exempt from Sections 5-35 and 5-40 of the IAPA
(5 ILCS 100/5-35 and 5-40):
1) Exemptions from the definition of volatile organic material:
Section 9.1(e) of the Act [415 ILCS 5/9.1(e)];
2) Ambient air quality standards specifying the maximum
permissible short-term and long-term concentrations of various contaminants in
the atmosphere: [415 ILCS 5/10(H)];
3) Underground injection control (UIC): Section 13(c) of the Act
[415 ILCS 5/13(c)];
4) Wastewater pretreatment: Section 13.3 of the Act [415 ILCS
5/13.3)],
5) Safe Drinking Water Act (SDWA): Section 17.5 of the Act [415
ILCS 5/17.5)];
6) Resource Conservation and Recovery Act (RCRA), Subtitle C,
hazardous waste: Section 22.4(a) of the Act [415 ILCS 5/22.4(a)];
7) RCRA, Subtitle I, UST: Section 22.4(d) of the Act [415 ILCS
22.4(d)];
8) RCRA, Subtitle D, municipal solid waste landfills: Section
22.40(a) of the Act [415 ILCS 5/22.40(a)].
b) Section
7.2(b) of the Act [415 ILCS 5/7.2(b)] provides timetables for rule adoption,
but generally the Board must adopt rules within one year after the United
States Environmental Protection Agency's (USEPA) adoption of the corresponding
federal rule. The Board adopts a proposal for public comment that is published
in the Illinois Register. The Board then accepts public comments for 45 days,
after which the Board adopts final rules that are published in the Illinois
Register.
c) Because
Sections 5-35 and 5-40 of the IAPA [5 ILCS 100/5-35 and 5-40] do not apply to
identical-in-substance rulemaking under Section 7.2 of the Act [415 ILCS 5/7.2],
the Board does not follow the IAPA's procedure of first notice, second notice,
and final adoption.
(Source: Amended
at 48 Ill. Reg. 15643, effective September 18, 2024)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXVIII: POLLUTION CONTROL BOARD
PART 2175
ORGANIZATION, PUBLIC INFORMATION, AND TYPES OF PROCEEDINGS
SECTION 2175.540 FEDERALLY REQUIRED RULES
Section
2175.540 Federally Required Rules
Under Section 28.2 of the Act [415 ILCS 5/28.2], the Board
may adopt a "required rule." A "required rule"
means a rule that is needed to meet the requirements of the federal Clean Water
Act, SDWA, Clean Air Act (including required submission of a State
Implementation Plan), or RCRA, other than a rule required to be adopted as an
identical-in-substance rule (see Section 2175.535) [415 ILCS 5/28.2(a)].
(Source: Amended at 44 Ill. Reg. 14166,
effective August 21, 2020)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXVIII: POLLUTION CONTROL BOARD
PART 2175
ORGANIZATION, PUBLIC INFORMATION, AND TYPES OF PROCEEDINGS
SECTION 2175.545 GENERALLY APPLICABLE RULES AND SITE-SPECIFIC RULES
Section
2175.545 Generally Applicable Rules and Site-Specific Rules
a) Under
Sections 27 and 28 of the Act [415 ILCS 5/27 and 28], the Board may adopt
substantive environmental rules of general applicability and of site-specific
applicability.
b) Under
Section 26 of the Act [415 ILCS 5/26], the Board may adopt procedural rules as
may be necessary to accomplish the purposes of the Act.
(Source: Amended at 44 Ill. Reg. 14166,
effective August 21, 2020)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXVIII: POLLUTION CONTROL BOARD
PART 2175
ORGANIZATION, PUBLIC INFORMATION, AND TYPES OF PROCEEDINGS
SECTION 2175.550 CLEAN AIR ACT FAST-TRACK RULEMAKING
Section
2175.550 Clean Air Act Fast-Track Rulemaking
Under Section 28.5 of the Act [415 ILCS 5/28.5], the Board
may adopt rules proposed by the Agency that are required to be adopted by
the State under the Clean Air Act as amended by the Clean Air Act Amendments of
1990 (CAAA). A "fast-track" rulemaking proceeding is a proceeding to
promulgate a rule that the CAAA requires to be adopted. For purposes of this
type of rulemaking, "requires to be adopted" refers only to those regulations
or parts of regulations for which USEPA is empowered to impose sanctions
against the State for failure to adopt such rules [415 ILCS 5/28.5(a) and
(c)].
(Source: Added at 30 Ill.
Reg. 14990, effective August 29, 2006)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXVIII: POLLUTION CONTROL BOARD
PART 2175
ORGANIZATION, PUBLIC INFORMATION, AND TYPES OF PROCEEDINGS
SECTION 2175.555 UPDATING INCORPORATIONS BY REFERENCE
Section
2175.555 Updating Incorporations By Reference
Under Section 28.6 of the Act [415 ILCS 5/28.6], the Board
may update an incorporation by reference included in a Board rule without
conducting hearings if no objection is filed or hearing is requested during the
first-notice period under Section 5-40 of the IAPA [5 ILCS 100/5-40]. This
rulemaking is limited to replacing a reference in a Board rule to an older or
obsolete version of an incorporated document with a reference to the current
version of that document or its successor document.
(Source: Amended at 44 Ill. Reg. 14166,
effective August 21, 2020)
SUBPART F: ADJUDICATORY PROCEEDINGS
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXVIII: POLLUTION CONTROL BOARD
PART 2175
ORGANIZATION, PUBLIC INFORMATION, AND TYPES OF PROCEEDINGS
SECTION 2175.600 ADJUDICATORY PROCEEDINGS
Section 2175.600
Adjudicatory Proceedings
a) The Board is authorized to hear the following types of
adjudicatory cases (See 35 Ill. Adm. Code 101-130 for procedural rules
governing the processing of these cases):
1) Enforcement Action. The Illinois Attorney General, any
State's Attorney, or any person may initiate an enforcement action by filing a
complaint under Section 31 of the Act [415 ILCS 5/31]. (See 35 Ill. Adm. Code
103.)
2) Permit Appeal. Any person who, under Section 39 of the Act [415
ILCS 5/39], has been denied a permit by the Agency, or issued a permit by the
Agency with one or more conditions to which that person objects, may file a petition
with the Board for review of the Agency's action. If the Agency grants a RCRA
permit for a hazardous waste disposal site or grants or denies a National
Pollutant Discharge Elimination System (NPDES) permit, certain third parties
may petition the Board for a hearing to contest the decision of the Agency [415
ILCS 5/40(b), (e)(1)]. (See 35 Ill. Adm. Code 105.)
3) Pollution Control Facility Siting Review. An applicant for
local siting approval of a pollution control facility who has been denied this
approval or granted conditional approval by a county board or the governing
body of a municipality may contest that decision by filing a petition for
hearing under Section 40.1(a) of the Act [415 ILCS 5/40.1(a)]. A third party
who participated in the public hearing conducted by a county board or the
governing body of a municipality may contest a grant of local siting approval
by filing a petition for hearing under Section 40.1(b) of the Act [415 ILCS
5/40.1(b)]. (See 35 Ill. Adm. Code 107.)
4) Variances/Adjusted Standards. Any person adversely affected
by a Board rule or order may file a petition for a variance under Section 37 of
the Act [415 ILCS 5/37] or a petition for an adjusted standard under Section
28.1 of the Act [415 ILCS 5/28.1]. (See 35 Ill. Adm. Code 104.)
5) Trade Secret Determination. Any person who is adversely
affected by a trade secret determination made by the Agency or the Department
may contest that determination before the Board. (See 35 Ill. Adm. Code 130.)
6) Appeal of Office of the State Fire Marshal (OSFM) UST Fund
Eligibility or Deductibility Determination. Owners or operators of USTs who
have been denied eligibility by the OSFM to access the UST reimbursement fund,
or who disagree with an OSFM determination of the applicable deductible for UST
Fund reimbursement, may petition for review under Section 57.9(c) of the Act [415
ILCS 5/57.9(c)]. (See 35 Ill. Adm. Code 105.)
7) Appeal of Agency Decisions Regarding UST Program. Owners or
operators of USTs who have been denied requested UST Fund reimbursement or UST
cleanup approvals by the Agency may petition for review under Section 40 of the
Act [415 ILCS 5/40]. (See 35 Ill. Adm. Code 105.)
8) Appeal of Agency
Decisions Regarding Drycleaner Environmental Response Trust Fund. Under the
Drycleaner Response Trust Fund Act, decisions of the Agency may be reviewed by
the Board under Section 40 of the Act [415 ILCS 5/40].
9) Tax Certifications. Under the Property Tax Code, the Board
may issue a certificate finding that a facility is a "pollution control
facility" or that a device is a "low sulfur dioxide emission coal
fueled device" for property tax purposes [35 ILCS 200/11-10, 11-40]. A
person seeking a tax certificate must first submit an application to the
Agency. The Agency is then required to file with the Board a recommendation on
whether the Board should issue the certificate. An applicant who wishes to
contest an Agency recommendation that the Board deny tax certification may file
a petition with the Board. (See 35 Ill. Adm. Code 125.)
10) Administrative Citations. The Agency or a unit of local
government delegated authority by the Agency may issue administrative citations
for violations of Sections 21(o), (p), 22.51, 22.51a,
31.1(c), 42(b)(4), 42(b)(4-5), 55(k) of the Act [415 ILCS 5/21(o), (p), 22.51, 22.51a, 31.1(c), 42(b)(4), 42(b)(4-5), 55(k)].
These citations are enforceable by filing copies with the Board under Section
31.1 of the Act [415 ILCS 5/31.1]. The respondent named in the administrative
citation may file a petition for review with the Board. (See 35 Ill. Adm. Code
108.)
11) Water Well Setback Exceptions. A water well owner may
petition the Board for an exception from the water well setback requirements of
the Act by filing a petition with the Board under Section 14.2 of the Act [415
ILCS 5/14.2.]. (See 35 Ill. Adm. Code 106.)
12) Other. Any other proceedings authorized by the Act or the
Board's procedural rules may be brought before the Board under statutory
authority and any Board regulations adopted thereunder.
(Source: Amended at 46 Ill.
Reg. 9973, effective May 26, 2022)
SUBPART G: EMERGENCY PROCEDURES
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXVIII: POLLUTION CONTROL BOARD
PART 2175
ORGANIZATION, PUBLIC INFORMATION, AND TYPES OF PROCEEDINGS
SECTION 2175.700 EMERGENCY PROCEDURES FOR FILINGS
Section 2175.700 Emergency Procedures For Filings
If an emergency, such as extreme weather conditions, public
safety or other exigency, results in the Governor or other authority directing
the closure of the Clerk's office on a day scheduled for regular business, the
Board will implement the following procedures:
a) All
non-statutory filing deadlines will be automatically extended until the next
business day.
b) Statutory
filing deadlines must be met by following the rules at 35 Ill. Adm. Code
101.Subpart C.
c) When
possible, the Board will place notices on the Board's website of the emergency
closures.
(Source: Amended at 46 Ill.
Reg. 9973, effective May 26, 2022)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXVIII: POLLUTION CONTROL BOARD
PART 2175
ORGANIZATION, PUBLIC INFORMATION, AND TYPES OF PROCEEDINGS
SECTION 2175.710 EMERGENCY PROCEDURES FOR HEARINGS
Section 2175.710 Emergency Procedures For Hearings
If an emergency, such as extreme weather conditions, public
safety or other exigency, results in the Governor or other authority directing
the closure of a facility where a Board hearing is scheduled for the day of the
closure, the Board will implement the following procedures:
a) Hearings
scheduled for the day of the emergency closure, will be held on the next
business day and may be continued on the record to a date certain, when
schedules of the participants require such a continuance.
b) When
possible, the Board will place notices on the Board's website of the emergency
closures and the date of the continued hearing.
(Source: Amended at 46 Ill.
Reg. 9973, effective May 26, 2022)
SUBPART H: TIME LIMITED WATER QUALITY STANDARDS
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXVIII: POLLUTION CONTROL BOARD
PART 2175
ORGANIZATION, PUBLIC INFORMATION, AND TYPES OF PROCEEDINGS
SECTION 2175.800 TIME LIMITED WATER QUALITY STANDARDS
Section 2175.800 Time Limited Water Quality Standards
A Time-Limited Water Quality Standard (TLWQS) provides
temporary relief from water quality standards as set forth in 35 Ill. Adm. Code
302 and 303. A TLWQS proceeding is a
non-adjudicatory proceeding. A TLWQS is also not subject to rulemaking
requirements. The procedural rules governing a TLWQS proceeding are at 35 Ill.
Adm. Code. 104.Subpart E.
(Source: Added at 44 Ill. Reg. 14166,
effective August 21, 2020)
Section 2175.APPENDIX A Organizational Chart
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXVIII: POLLUTION CONTROL BOARD
PART 2175
ORGANIZATION, PUBLIC INFORMATION, AND TYPES OF PROCEEDINGS
SECTION 2175.APPENDIX A ORGANIZATIONAL CHART
Section 2175.APPENDIX A
Organizational Chart
ORGANIZATION CHART
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MEMBER
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MEMBER
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Chairman
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MEMBER
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MEMBER
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Attorney Advisor
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Attorney Advisor
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Attorney Advisor
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Attorney Advisor
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Attorney Advisor
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Policy Advisor
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Executive Director
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Chief Environmental Scientist
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Senior Attorney
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General Counsel
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Chief Fiscal Officer
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Environmental Scientist II
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Clerk of the Board
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Executive Sec. II
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Accountant
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Information Systems
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Environmental Scientist I
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Senior Writing Atty
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IIS Technical Attorney
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Hearing Officer
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Hearing Officer
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Staff Attorney
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Staff Attorney
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Rulemaking Coord.
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Admin Asst II
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(Source: Amended at 44 Ill. Reg. 14166,
effective August 21, 2020)
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