TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.100 APPLICABILITY
Section 101.100
Applicability
a) This Part sets forth the rules generally applicable to
proceedings before the Illinois Pollution Control Board (Board), and should be
read in conjunction with procedural rules for the Board's specific proceedings,
found at 35 Ill. Adm. Code 102 through 130, and the Board's Administrative
Rules, found at 2 Ill. Adm. Code 2175. If the rules of this Part and those
found in subsequent Parts conflict, the more specific requirement applies.
b) Except when the Board's procedural rules provide otherwise,
the Code of Civil Procedure [735 ILCS 5] and the Supreme Court Rules [Ill. S.
Ct. Rules] do not apply to proceedings before the Board. However, the Board
may look to the Code of Civil Procedure and the Supreme Court Rules for
guidance when the Board's procedural rules are silent.
(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.102 SEVERABILITY
Section 101.102 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.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.104 REPEALS
Section 101.104 Repeals
All Board resolutions adopted
before January 1, 2001 that relate to procedural matters for Board proceedings
are repealed and are superseded by 35 Ill. Adm. Code 101-130.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.106 BOARD AUTHORITY
Section 101.106 Board
Authority
a) The Board has the authority to determine, define and
implement the environmental control standards applicable in the State of
Illinois and may adopt rules and regulations in accordance with Title VII of
the Act. [415 ILCS 5/5(b)]
b) The Board has the authority to conduct proceedings upon
complaints charging violations of the Act, any rule or regulation adopted under
the Act, any permit or term or condition of a permit, or any Board order; upon
administrative citations; upon petitions for variances, adjusted standards, or
time-limited water quality standards; upon petitions for review of the Agency's
final determinations on permit applications in accordance with Title X of the
Act; upon petitions to remove seals under Section 34 of the Act; and upon other
petitions for review of final determination which are made pursuant to the Act
or Board rules and which involve a subject which the Board is authorized to
regulate. The Board may also conduct other proceedings as may be provided by the
Act or any other statute or rule. [415 ILCS 5/5(d)]
c) In addition to subsections (a) and (b), the Board has the
authority to act as otherwise provided by law.
(Source: Amended at 43 Ill.
Reg. 9674, effective August 22, 2019)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.108 BOARD PROCEEDINGS
Section 101.108 Board
Proceedings
a) Board
proceedings can generally be divided into two categories: rulemakings and
adjudicatory proceedings. However, a time-limited water quality standard
proceeding (35 Ill. Adm. Code 104.Subtitle E) is a non-adjudicatory proceeding
that is not subject to the procedural requirements for rulemakings. (See 415
ILCS 5/38.5(a), (l)).
b) The following are examples of Board rulemakings: Identical-in-Substance,
Clean Air Act/Fast Track, Federally Required Rulemaking, General Rulemaking,
and Site-Specific Rulemaking. Procedural rules for these types of proceedings
can be found at 35 Ill. Adm. Code 102.
c) The following are examples of Board adjudicatory proceedings:
Enforcement Proceedings (35 Ill. Adm. Code 103), Variance Petitions (35 Ill.
Adm. Code 104), Adjusted Standard Petitions (35 Ill. Adm. Code 104), Permit
Appeals (35 Ill. Adm. Code 105), Leaking Underground Storage Tank Appeals (35
Ill. Adm. Code 105), Pollution Control Facility Siting Appeals (35 Ill. Adm.
Code 107), and Administrative Citations (35 Ill. Adm. Code 108).
d) Board decisions will be made at meetings open to the public.
Except as provided in subsection (e), three members of the Board form a quorum,
and three affirmative votes are required to adopt a Board decision.
e) At a hearing under Section 34(d) of the Act to determine
whether a seal should be removed, at least one Board member shall be
present, and those Board members present may render a final decision without
regard to the requirements of Section 5(a) of the Act. [415 ILCS 5/34(d)]
(Source: Amended at 43 Ill.
Reg. 9674, effective August 22, 2019)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.110 PUBLIC PARTICIPATION
Section 101.110 Public
Participation
a) General. The Board encourages public participation in all its
proceedings. The extent to which the law allows for the participation varies,
depending on the type of Board proceeding involved, the party status of the
person or persons seeking to participate, and the rules governing that type of
proceeding. Public participation may be more specifically delineated by Board
or hearing officer order consistent with applicable law and the Board's
procedural rules. (See Sections 101.114 and 101.628.)
b) Party/Non-Party Status. The issue of who is a proper party in
each type of adjudicatory proceeding before the Board is addressed in the
rules. A person who wishes to participate in a Board adjudicatory proceeding
and who is not a party will be considered a participant and will have only
those rights specifically provided in these rules. A person who wishes to
participate in a Board regulatory or time-limited water quality standard proceeding
will be considered a participant and will have only those rights specifically
provided in this Part.
c) Amicus Curiae Briefs. Amicus curiae briefs may be filed in
any adjudicatory proceeding by any interested person, if the Board grants
permission. Response briefs will be allowed only with Board permission. The
briefs must consist of argument only and must not raise facts that are not in
evidence in the relevant proceeding. Amicus curiae briefs, and any responses,
will be considered by the Board only as time allows. The briefs will not delay
the Board's decision-making. (See also Section 101.302(k).)
d) Public
Remarks at a Board Meeting. During the period designated for public remarks,
any person physically present, once recognized by the Chairman, may make public
remarks to the Board concerning a proceeding listed on that meeting's agenda.
1) Sign-In
Sheet. Beginning at least 15 minutes before the scheduled start of each Board
meeting, a public remarks sign-in sheet will be available to the public at the
meeting. Anyone who wishes to make public remarks at the meeting must provide
the following information on the sign-in sheet:
A) Full name;
B) Any person he or she is representing; and
C) The
docket number of the proceeding on which he or she would like to make public
remarks.
2) Time
Limits. A period of up to 30 minutes at the beginning of each Board meeting,
as designated on the meeting agenda, is reserved for public remarks. The
Chairman may extend the public remarks portion of the meeting as necessary to
accommodate persons who signed in under subsection (d)(1). A person's public
remarks on a proceeding must not exceed five minutes in length, but this period
may be extended with the Chairman's permission.
3) Nature
of Public Remarks. Public remarks are not made under oath or affirmation and
are not subject to cross-examination. Public remarks that are relevant to the
proceeding for which they are made may be considered by the Board, but factual
statements made during public remarks are not evidence in the proceeding. The
public remarks portion of a Board meeting is not a hearing and cannot be used
to offer documentary or other physical evidence to the Board. The Chairman may
direct persons to stop public remarks that are irrelevant, repetitious, or
disruptive. Persons engaging in disorderly conduct may be asked by the
Chairman to leave the meeting.
4) Transcription.
The Board will arrange for public remarks to be transcribed. Transcripts of
public remarks will be made a part of the record of the proceeding to which the
remarks correspond. (See 5 ILCS 120/2.06(g).)
(Source: Amended at 43 Ill.
Reg. 9674, effective August 22, 2019)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.111 INFORMAL RECORDINGS OF BOARD MEETINGS
Section 101.111 Informal Recordings of Board
Meetings
Any person may record a Board
meeting by tape, film, or any other means if
the recording process does not interfere with the conduct or decorum of the
Board meeting. The Chairman may direct any person who is recording a Board
meeting to limit or discontinue the recording if the recording process
interferes with the conduct or decorum of the Board meeting.
(Source:
Added at 39 Ill. Reg. 2276, effective January 27, 2015)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.112 BIAS AND CONFLICT OF INTEREST
Section 101.112 Bias and
Conflict of Interest
a) No Board member or Board employee may represent any other
person in any Board proceeding.
b) No former Board member or Board employee may represent any
other person in any Board proceeding in which he or she participated personally
and substantially as a Board member or Board employee, unless the Board and, as
applicable, all parties in the adjudicatory proceeding, all proponents in the
rulemaking, or all petitioners in the time-limited water quality standard proceeding
consent in writing after disclosure of the participation. For subsections (a)
and (b), representation includes consulting on legal or technical matters, and
Board employee means a person the Board employs on a full-time, part-time,
contract, or intern basis.
c) The Board, on its own motion or the motion of any party, may
disqualify a hearing officer for bias or conflict of interest as provided by
Section 10-30(b) of the IAPA [5 ILCS 100/10-30(b)].
d) In compliance with Section 128 of the federal Clean Air Act,
at least a majority of Board members must represent the public interest and
must not derive any significant portion of their income from persons subject to
permits or enforcement orders under the Clean Air Act or Illinois Environment
Protection Act. Any potential conflicts of interests by Board members must be
adequately disclosed.
(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)
ADMINISTRATIVE CODE TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101 GENERAL RULES
SECTION 101.114 EX PARTE COMMUNICATIONS
Section 101.114 Ex Parte
Communications
a) For this Section, "interested person or party" means
a person or entity whose rights, privileges, or interests are the
subject of or are directly affected by a regulatory, quasi-adjudicatory,
investment, or licensing matter. [5 ILCS 430/5-50(d)] For this
definition, a time-limited water quality standard proceeding is considered a
regulatory matter.
b) For this Section, "Executive Ethics Commission"
means the commission created by the State Officials and Employees Ethics Act [5
ILCS 430].
c) Adjudicatory, Regulatory, and Time-Limited Water Quality
Standard Proceedings. Board members and Board employees must not engage in an
ex parte communication designed to influence their action regarding an
adjudicatory, a regulatory, or a time-limited water quality standard proceeding
pending before or under consideration by the Board. (See definition of
"ex parte communication" in Section 101.202.) Whenever practicable, an
interested person or party or his or her official representative or attorney
should make all communications regarding an adjudicatory, regulatory, or
time-limited water quality standard proceeding pending before or under
consideration by the Board in writing and address them to the Clerk rather than
to individual Board members or Board employees. (See Sections 101.110 and
101.628.)
d) Nothing in this Section precludes Board members or Board
employees from receiving informal complaints about individual pollution
sources, or forbids the administrative contacts as would be appropriate for
judges and other judicial officers. Information about a pollution source
included in the record of a regulatory or time-limited water quality standard proceeding
is not an ex parte communication regarding any adjudicatory proceeding
concerning the pollution source.
e) When the Clerk on behalf of the Board, a Board member, or a
Board employee receives an ex parte communication from an interested person or
party or his or her official representative or attorney, the recipient, in
consultation with the Board's ethics officer or his or her designee, will
promptly memorialize the communication and make it part of the record of the
proceeding. To make an oral ex parte communication part of the record, the
substance of the oral communication, along with the identity of each person
involved in the communication, will be either stated in a memorandum and placed
in the record or announced on the record at a public hearing.
f) When
the Clerk on behalf of the Board, a Board member, or a Board employee receives
an ex parte communication, other than an ex parte communication received from
an interested person or party or his or her official representative or
attorney, that communication will be promptly reported to the Board's ethics
officer or his or her designee by the recipient of the communication and by
any other employee of the Board who responds to the communication.
1) The
ethics officer or his or her designee, in consultation with the recipient
of the ex parte communication, will ensure that the ex parte communication
is promptly made part of the record of the proceeding. [5 ILCS
430/5-50(c)]
2) The
ethics officer or his or her designee, in consultation with the recipient
of the ex parte communication, will promptly file the ex parte communication
with the Executive Ethics Commission, including:
A) All written
communications;
B) All written responses
to the communications;
C) A
memorandum prepared by the ethics officer stating the nature and substance of
all oral communications;
D) The
identity and job title of the person to whom each communication was made;
E) All responses made;
F) The identity and
job title of the person making each response;
G) The
identity of each person from whom the written or oral ex parte communication
was received;
H) The individual or
entity represented by that person;
I) Any action the
person requested or recommended; and
J) Any other
pertinent information.
3) The
disclosure shall also contain the date of any ex parte communication. [5
ILCS 430/5-50(c)]
(Source: Amended at 43 Ill. Reg. 9674,
effective August 22, 2019)
|
SUBPART B: DEFINITIONS
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.200 DEFINITIONS IN THE ACT
Section 101.200 Definitions
in the Act
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 definitions of the Act apply to the Board's
procedural rules, found in 35 Ill. Adm. Code 101 through 130.
(Source:
Amended at 43 Ill. Reg. 9674, effective August 22, 2019)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.202 DEFINITIONS FOR BOARD'S PROCEDURAL RULES
Section 101.202 Definitions
for Board's Procedural Rules
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 form attached 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.
"Postconsumer
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.
(Source: Amended at 44 Ill.
Reg. 14867, effective September 4, 2020)
SUBPART C: COMPUTATION OF TIME, FILING, SERVICE OF DOCUMENTS, AND STATUTORY DECISION DEADLINES
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.300 COMPUTATION OF TIME
Section 101.300 Computation of Time
a) Computation
of Time. Computation of any period prescribed in the Act, other applicable
law, or this Subpart will begin with the first calendar day following the day
on which the act, event, or development occurs and will run until the close of
business on the last day, or the next business day if the last day is a
Saturday, Sunday, or national or State legal holiday.
b) Date
of Filing. Documents will be considered filed with the Clerk only if they are
filed in compliance with Section 101.302 and any other filing requirements specified
elsewhere in the Board's procedural rules (see 35 Ill. Adm. Code 101 through 130).
Subpart J states when electronic documents submitted to COOL will be
considered filed.
1) If a
document is submitted to the Clerk for filing in person, by U.S. Mail, by
e-mail or facsimile under Section 101.302(d), or by third-party commercial carrier,
the document is considered filed on the date it is received by the Clerk,
except as provided in subsection (b)(2). However, a document received by the
Clerk after 4:30 p.m. is considered filed on the next business day. The Clerk
will mark the filing date on each filed document.
2) If the
Clerk receives a document by U.S. Mail or third-party commercial carrier after
a filing deadline date, the document will be considered filed on:
A) The
date on which the document was provided to the U.S. Postal Service; or
B) The
date on which the document was provided to the third-party commercial carrier
for delivery to the Clerk within three business days.
3) For
subsection (b)(2), documentation of when the document being filed was provided
to the U.S. Postal Service or the third-party commercial carrier consists of
the affidavit or certificate required by Section 101.304(d)(2)(A) or (d)(4) and
must accompany the document being filed. In addition, for delivery by a
third-party commercial carrier, the affidavit or certificate must contain the
filing party's representation that the charge for delivery to the Clerk within
three business days was prepaid.
4) For
Board decision deadlines, the decision period does not begin until the date marked
by the Clerk on the initial filing.
c) Date
of Service. Documents will be considered served upon another party only if
they are served in compliance with Section 101.304 and any other service
requirements specified elsewhere in the Board's procedural rules. The date of
service is determined as follows:
1) Personal
Service. Personal service of a document is complete on the date on which the
document was delivered, as specified in either the affidavit or certificate of
service signed by the person who made personal delivery or the declaration of
service signed by the process server who made personal delivery.
2) Service
by U.S. Mail or Third-Party Commercial Carrier with Recipient Signature. If a
recipient's signature is recorded by the U.S. Postal Service or a third-party
commercial carrier upon delivery of a document, service is complete on the date
on which the document was delivered, as specified in the signed delivery
confirmation.
3) Service
by E-Mail or Facsimile. Service of a document by e-mail or facsimile is
complete on the date on which the document was successfully transmitted, as
specified in the affidavit or certificate of service, signed by the party to
the proceeding who is serving the document. However, a document successfully
e-mailed or faxed on a Saturday or Sunday, on a national or State legal
holiday, or after 5:00 p.m. on a weekday is considered served on the next
business day.
4) Service
by U.S. Mail or Third-Party Commercial Carrier without Recipient Signature. If
a recipient's signature is not recorded by the U.S. Postal Service or a
third-party commercial carrier upon delivery of a document, service is presumed
complete four days after the date on which the document was provided to the
U.S. Postal Service or the third-party commercial carrier.
A) The
presumption applies only if an affidavit or certificate of service, signed by
the party to the proceeding who is serving the document, states the following:
the date, the time by when, and the place the document was provided to the U.S.
Postal Service or the third-party commercial carrier; the address appearing on
the envelope or package containing the document; and that proper postage or the
delivery charge was prepaid.
B) The
presumption can be rebutted by proper proof, which may include delivery
tracking information from the website of the U.S. Postal Service or the website
of the third-party commercial carrier.
d) Date of Board Decision
and Date of Service of Final Board Decision.
1) For a
statutory decision deadline proceeding, the date of the Board decision is the
date of the Board meeting at which a final Board order was adopted.
2) For appealing
a final adjudicatory decision of the Board, the date of service of the final
decision is the date on which the party receives the Board's mailing of the
decision. If a motion for reconsideration is timely filed under Section
101.520, the date of service of the final decision is the date on which the party
receives the Board's mailing of the Board order ruling upon the motion.
3) For
appealing a final rulemaking decision of the Board in which a rule is adopted,
amended, or repealed, a person is considered to have been served with the final
decision on the date on which the new rule, the amendment, or the repealer
becomes effective under the IAPA. For appealing a final rulemaking decision in
which no rule is adopted, amended, or repealed, the date of service of the
final decision is the date on which the participant receives the Board's
mailing of the decision. If a motion for reconsideration is timely filed under
the Board's procedural rules (35 Ill. Adm. Code 102.700 and 102.702), the date of
service of the final decision is the date on which the participant receives the
Board's mailing of the Board order ruling upon the motion.
4) For appealing
a final decision of the Board in a TLWQS proceeding, a person is considered to
have been served with the final decision on the date on which the decision is
first published on the Board's website. (See 415 ILCS 5/38.5(j)).
(Source: Amended at 43 Ill. Reg. 9674,
effective August 22, 2019)
ADMINISTRATIVE CODE TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101 GENERAL RULES
SECTION 101.302 FILING OF DOCUMENTS
Section 101.302 Filing of Documents
a) This
Section contains the Board's general filing requirements. Additional
requirements may exist for specific proceedings elsewhere in the Board's
procedural rules (see 35 Ill. Adm. Code 101 through 130). The Clerk will
refuse for filing any document that does not comply with the minimum
requirements of this Section.
b) All documents to be
filed with the Board must be filed with the Clerk.
1) If
allowed by the Board, the hearing officer, the Clerk, or the procedural rules
to be filed in paper under subsection (h), documents must be filed at the
following address:
Pollution Control Board, Attn:
Clerk
100 West Randolph Street
James R. Thompson Center, Suite
11-500
Chicago, Illinois 60601-3218
2) All
documents filed with the Clerk must provide the name and signature of the
person seeking to file the document and identify the name of the person on
whose behalf the document is being filed. If a paper document is submitted for
filing, the original must bear the original pen-and-ink signature of the person
seeking to file the document. Signatures for electronic filings through COOL
are addressed in Section 101.1010.
3) Each
document being filed with the Clerk must be accompanied by a notice of filing
(see Appendix D) and documentation of service (see Section 101.304(d)).
4) The
date on which a document is considered to have been filed is determined under
Section 101.300(b).
5) Serving
a document upon a hearing officer does not qualify as filing it with the Clerk
unless the document is submitted to the hearing officer during a hearing.
c) Electronic
documents may be filed through COOL under Subpart J. Paper documents may be
filed with the Clerk by U.S. Mail, in person, or by third-party commercial
carrier.
d) A
filing by e-mail or facsimile will only be allowed with the prior approval of
the Clerk of the Board or the hearing officer assigned to the proceeding. Any
prior approval by the Clerk or hearing officer applies only to the specified
filing.
e) The
initial filings listed in this subsection require filing fees and will only be
considered filed when accompanied by the appropriate fee. The fee may be paid
in the form of government voucher, money order, or check made payable to the
Illinois Pollution Control Board, or electronically through COOL with a valid
credit card, but cannot be paid in cash.
1) Petition
for Site-Specific Regulation, $75;
2) Petition
for Variance, $75;
3) Petition
for Review of Agency Permit Decision, UST Decision, or any other appeal filed under
Section 40 or 40.3 of the Act, $75;
4) Petition
to Review Pollution Control Facility Siting Decisions, under Section 40.1 of
the Act, $75;
5) Petition
for Adjusted Standard, under Section 28.1 of the Act, $75; and
6) Petition
for TLWQS, under Section 38.5, $75.
f) For
each document filed with the Clerk, the filing party must serve a copy of the
document upon the other parties and, if a hearing officer has been assigned,
upon the hearing officer in compliance with Section 101.304.
g) All
documents filed with the Board must contain the relevant proceeding caption and
docket number. All documents must be submitted on or formatted to print on 8½
x 11 inch paper, except as provided in subsection (j). Paper documents must be
submitted on recycled paper as defined in Subpart B, and double sided. All
pages in a document must be sequentially numbered. All documents created by
word processing programs must be formatted as follows:
1) The
margins must each be a minimum one inch on the top, bottom, and both sides of
the page; and
2) The
size of the type in the body of the text must be at least 12-point font, and in
footnotes at least 10-point font.
h) Unless
the Board, the hearing officer, the Clerk, or the procedural rules provide
otherwise, all documents must be filed through COOL electronically.
1) If a
document is filed in paper, the original and two copies of the document (three
total) are required. If a document is filed through COOL in compliance with
Subpart J, no paper original or copy of the document is required.
2) The
following documents must be filed through COOL or on compact disk or other
portable electronic data storage device, comply with Section 101.1030(g), and,
to the extent technically feasible, be in text-searchable Adobe PDF:
A) The
Agency record required by 35 Ill. Adm. Code 105.212, 105.302, 105.410, or
105.612 or 35 Ill. Adm. Code 125.208 (see 35 Ill. Adm. Code 105.116);
B) The
OSFM record required by 35 Ill. Adm. Code 105.508 (see 35 Ill. Adm. Code
105.116);
C) The
local siting authority record required by 35 Ill. Adm. Code 107.302 (see 35
Ill. Adm. Code 107.304); and
D) A
petition filed under 35 Ill. Adm. Code 104 or 35 Ill. Adm. Code 106 (see 35
Ill. Adm. Code 104.106 and 35 Ill. Adm. Code 106.106).
3) A
document containing information claimed or determined to be a trade secret, or
other non-disclosable information under 35 Ill. Adm. Code 130, is prohibited
from being filed electronically and must instead be filed only in paper. The
version of the document that is redacted under 35 Ill. Adm. Code 130 must be
filed through COOL.
4) When
filing a rulemaking proposal, if any document protected by copyright law (17
USC 101 et seq.) is proposed under Section 5-75 of the IAPA [5 ILCS 100/5-75]
to be incorporated by reference, the copyrighted document is prohibited from
being filed electronically, but the remainder of the rulemaking proposal must
be filed through COOL. In addition, the rulemaking proponent must:
A) File a
paper original of the copyrighted document. The rulemaking proposal also must
include:
i) The
copyright owner's written authorization for the Board to make, at no charge to
the Board, no more than a total of two paper copies of the copyrighted document
if the Board is required by State law to furnish a copy to JCAR, a court, or a
member of the public during or after the rulemaking; or
ii) The
proponent's representation that it will, at its own expense, promptly acquire
and deliver to the Clerk's Office no more than a total of two paper originals
of the copyrighted document if the Clerk's Office notifies the proponent in
writing that the Board is required by State law to furnish a copy to JCAR, a
court, or a member of the public during or after the rulemaking; or
B) File a
license or similar documentation of access that, at no charge to the Board,
gives the Board the rights, during and after the rulemaking, to do the
following: electronically access the copyrighted document from the sole
designated computer at the Board's Chicago office; print a single copy of the
copyrighted document to maintain at the Board's Chicago office; and print no
more than a total of two copies of the copyrighted document if the Board is
required by State law to furnish a copy to JCAR, a court, or a member of the
public.
i) No
written discovery, including interrogatories, requests to produce, and requests
for admission, or any response to written discovery, may be filed with the
Clerk of the Board except with permission or direction of the Board or hearing
officer. Any discovery request under these rules to any nonparty must be filed
with the Clerk of the Board in compliance with subsection (h).
j) Oversized
Exhibits. When practicable, oversized exhibits must be reduced to conform to
or be formatted to print on 8½ x 11-inch paper for filing with the Clerk's
Office. However, even when an oversized exhibit is so reduced or formatted,
the original oversized exhibit still must be filed with the Clerk's Office. In
compliance with 2 Ill. Adm. Code 2175.300, the original oversized exhibit may
be returned to the person who filed it.
k) Page
Limitation. No motion, brief in support of a motion, or brief may exceed 50
pages, and no amicus curiae brief may exceed 20 pages, without prior approval
of the Board or hearing officer. These limits do not include appendices
containing relevant material; however, materials that may be readily available
to the Board, such as prior Board opinions and orders, federal regulations, and
statutes, need not be included in appendices.
l) Documents
filed that do not comply with 35 Ill. Adm. Code.Subtitle A may be rejected by
the Clerk or the hearing officer. Any rejection of a filing will include a
description of the Board's rules that have not been met.
(Source: Amended at 44 Ill. Reg. 14867,
effective September 4, 2020)
|
ADMINISTRATIVE CODE TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101 GENERAL RULES
SECTION 101.304 SERVICE OF DOCUMENTS
Section 101.304 Service of Documents
a) Service
Requirements. This Section contains the Board's general service requirements.
However, the more specific Part for a proceeding type may contain additional
requirements.
b) Duty
to Serve and When to Initiate Service. A party filing a document with the Clerk
under Section 101.302 must also serve one copy of the document upon each of the
other parties to the adjudicatory proceeding and, if a hearing officer has been
assigned, upon the assigned hearing officer. Service of a document must be
initiated concurrently with submitting the document to the Clerk for filing.
1) Service
of a document upon a party must be made upon a person authorized by law to
receive service on behalf of the party. If a party is represented by an
attorney who has filed an appearance, service upon the party is made by serving
the document upon the party's attorney. If more than one attorney appears for
a party, service upon one of the party's attorneys is sufficient.
2) Each
document being served (e.g., enforcement complaint, petition for review) must
be accompanied by a notice of filing (see Appendix D) and a copy of the
documentation of service (see subsection (d)).
3) The
date on which service of a document is considered to have been completed is
determined under Section 101.300(c).
4) A
proceeding is subject to dismissal, and the filing party is subject to
sanctions, if service is not timely initiated or completed.
5) Whether
service of a document was proper may be challenged by the party allegedly
served. To avoid waiving the right to contest personal jurisdiction, any
challenge to service must be made under Section 101.400(a)(5).
c) Methods of Service. A
document must be served in one of the following ways:
1) Except
as provided in subsection (c)(2), service of documents may be made by any of
the following methods:
A) Personal
service;
B) U.S.
Mail;
C) Third-party
commercial carrier;
D) E-mail
in compliance with Subpart J; and
E) Facsimile,
but only if the party being served has filed a notice consenting to receipt of
facsimile service and not filed a notice revoking that consent.
2) Service
of enforcement complaints and EMSA statements of deficiency upon respondents
must be made by:
A) Personal
service;
B) U.S.
Mail with a recipient's signature recorded by the U.S. Postal Service upon
delivery; or
C) A
third-party commercial carrier with a recipient's signature recorded by the
third-party commercial carrier upon delivery.
3) Service
of administrative citations must be made as required under 35 Ill. Adm. Code
108.
d) Documentation
of Service and When to File Documentation of Service. A party serving a
document upon another party must also file documentation of that service. A
proceeding is subject to dismissal, and the filing party is subject to
sanctions, if documentation of service is not timely filed with the Clerk.
Documenting service and filing that documentation must be done as follows:
1) For
personal service of a document, either an affidavit or certificate of service
signed by the person who made personal delivery or a declaration of service
signed by the process server who made personal delivery must accompany the
document being filed with the Clerk. However, if the signed affidavit,
certificate, or declaration is not available to the filing party when the
document is filed with the Clerk, the filing must include:
A) An
affidavit or certificate of service, signed by the filing party, stating that
service has been initiated, but not yet completed, and providing the
following: the date, the time by when, and the place the document was provided
to the person making personal delivery; the address appearing on the envelope
or package containing the document; and a statement that the delivery charge
was prepaid; and
B) Within
seven days after it becomes available to the filing party, the affidavit or
certificate of service containing the signature of the person who made personal
delivery or the declaration of service containing the signature of the process
server, accompanied by a notice identifying the filed document to which the
signed affidavit, certificate, or declaration corresponds. A copy of the
signed affidavit, certificate, or declaration and the notice must be served under
subsection (a).
2) For
service of a document by U.S. Mail or third-party commercial carrier with a
recipient's signature recorded by the U.S. Postal Service or the third-party
commercial carrier upon delivery, the delivery confirmation containing the
recipient's signature must accompany the document being filed with the Clerk.
However, if the delivery confirmation containing the recipient's signature is
not available to the filing party when the document is filed with the Clerk,
the filing must include:
A) An
affidavit or certificate of service, signed by the filing party, stating that
service has been initiated, but not yet completed, and providing the
following: the date, the time by when, and the place the document was provided
to the U.S. Postal Service or the third-party commercial carrier; the address
appearing on the envelope or package containing the document; and a statement
that the proper postage or the delivery charge was prepaid; and
B) Within
seven days after it becomes available to the filing party, the delivery
confirmation containing the recipient's signature, accompanied by a notice
identifying the filed document to which the signed delivery confirmation
corresponds. A copy of the delivery confirmation and the notice must be served
under subsection (a).
3) For
service of a document by e-mail or facsimile, an affidavit or certificate of
service must accompany the document being filed with the Clerk. An affidavit
or certificate of e-mail service must comply with Section 101.1060. An
affidavit or certificate of facsimile service must include the date and time of
the facsimile transmission, the telephone number to which the transmission was
sent, the number of pages transmitted, and a statement that the document was
served by facsimile.
4) For
service of a document by U.S. Mail or a third-party commercial carrier without
a recipient's signature recorded by the U.S. Postal Service or the third-party
commercial carrier upon delivery, an affidavit or certificate of service must
accompany the document being filed with the Clerk. The affidavit or
certificate must state the following: the date, the time by when, and the
place the document was provided to the U.S. Postal Service or the third-party
commercial carrier; the address appearing on the envelope or package containing
the document; and that proper postage or the delivery charge was prepaid.
5) An
affidavit of service must be notarized and is for use by a non-attorney. A
certificate of service is for use by an attorney. Sample forms of an affidavit
of service and a certificate of service are available in Appendices E and H.
6) A
certificate of service must bear an attorney's signature. Signatures in
affidavits of service, declarations of service, and delivery confirmations must
be written by hand. A handwritten signature in documentation of service filed
with the Clerk may be a facsimile or digitized electronic signature.
e) Service
of Amicus Curiae Briefs. Any person who files an amicus curiae brief with the
Board in any proceeding must serve copies of that brief on all parties in compliance
with this Section.
f) Service
of Comments of Participants in an Adjudicatory Proceeding. Participants must
serve comments upon the parties to the proceeding. The Board will consider the
comments as time and the Act or other applicable law allow.
g) Service
on Agencies. Service must be at the addresses listed below unless a specific
person has an appearance on file with the Board or has, in compliance with
Section 101.1070, consented to e-mail service.
1) Service
on the Illinois Environmental Protection Agency. The Agency must be served at
the
Division of Legal Counsel
2520 West Iles Avenue, PO Box 19276
Springfield, Illinois 62794-9276
epa.dlc@illinois.gov
2) Service
on Office of State Fire Marshal. The OSFM must be served at:
Division of Petroleum and Chemical
Safety
Office of the State Fire Marshal
1035 Stevenson Dr.
Springfield IL 62703
3) Service
on the Illinois Attorney General. The Office of the Attorney General must be
served at:
Division Chief of Environmental
Enforcement
Office of the Attorney General
100 West Randolph St., Suite 1200
Chicago IL 60601
enviro@atg.state.il.us
4) Service
on the Illinois Department of Natural Resources. DNR must be served at:
Office of Legal Services
Illinois Department of Natural
Resources
One Natural Resources Way
Springfield IL 62702-1271
5) Service
on the Illinois Department of Transportation. IDOT must be served at:
Office of Chief Counsel
DOT Administration Building
2300 S. Dirksen Parkway, Room 300
Springfield IL 62764
6) Service
on Region V of the United States Environmental Protection Agency. USEPA Region
V must be served at:
USEPA, Region V
77 West Jackson
Chicago IL 60604
(Source: Amended at 49 Ill. Reg. 12670,
effective September 23, 2025)
|
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.306 INCORPORATION OF DOCUMENTS FROM ANOTHER PROCEEDING
Section 101.306
Incorporation of Documents from Another Proceeding
a) Upon the separate written request of any person or on its own
initiative, the Board or hearing officer may incorporate materials from the
record of another Board docket into any proceeding. The person seeking
incorporation must file the material to be incorporated with the Board in compliance
with Section 101.302(h). The person seeking incorporation must demonstrate to
the Board or the hearing officer that the material to be incorporated is
authentic, credible, and relevant to the proceeding. Notice of the request
must be given to all identified participants or parties by the person seeking
incorporation.
b) The Board will give the incorporated matter the appropriate
weight in light of the following factors: the standard of evidence under which
the material was previously presented to the Board; the present purpose for
incorporating the material; and the past and current opportunity for
cross-examination of the matters asserted within the incorporated material.
(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.308 STATUTORY DECISION DEADLINES AND WAIVER OF DEADLINES
Section 101.308 Statutory
Decision Deadlines and Waiver of Deadlines
a) Petitions in the following proceedings each have a 120-day
statutory decision deadline: Variances (Section 38 of the Act), Permit Appeals
and UST appeals (Section 40 of the Act), Pollution Control Facility Siting
Review (Section 40.1 of the Act), CAAPP permit appeals (Section 40.2 of the
Act), and PSD permit appeals (Section 40.3 of the Act). Other adjudicatory
proceedings may be subject to decision deadlines as provided by law.
b) When the petitioner does not waive the decision deadline, the
Board will proceed expeditiously to establish all hearing and filing
requirements. Willful or unexcused failure to follow Board requirements on the
deadlines will subject the party to sanctions under Subpart H. This Section
will be strictly construed when there is a decision deadline unless the Board
receives a waiver under subsection (c).
c) All waivers of a deadline for Board action must be filed as a
separate document. Waivers must be titled and state which type of waiver it
is, identify the proceeding by name and docket number, and be signed by the
party or by an authorized representative or attorney. A waiver of a statutory
deadline does not preclude the Board from issuing an opinion or order prior to
any decision deadline, nor does it preclude the filing of a motion seeking a
decision on the matter.
1) An open waiver waives the decision deadline completely and
unequivocally until the petitioner elects to reinstate the 120-day decision
period by filing a notice to reinstate. Upon proper filing of the notice, the
decision period is reinstated. Under Section 101.300(b)(4), the decision
period restarts on the date on which the notice to reinstate is filed with the
Board.
2) A time certain waiver must be expressed in length of days or
to a specific calendar date. If expressed in length of days, day one will be
the first day after the date upon which the current time clock expires. If the
petitioner files a time certain waiver before the hearing date, the waiver must
be for at least 40 days. If the extension is not renewed for at least 40 days
prior to the decision deadline, the Board will set the matter for hearing.
(Source: Amended at 44 Ill. Reg. 14867, effective September 4, 2020)
SUBPART D: PARTIES, JOINDER, AND CONSOLIDATION
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.400 APPEARANCES, WITHDRAWALS, AND SUBSTITUTIONS OF ATTORNEYS IN ADJUDICATORY PROCEEDINGS
Section 101.400 Appearances,
Withdrawals, and Substitutions of Attorneys in Adjudicatory Proceedings
a) Appearances. A person who is a party in a Board adjudicatory
proceeding may appear as follows:
1) Individuals may appear on their own behalf or through an
attorney-at-law licensed and registered to practice law. (See Section 1 of the
Attorney Act [705 ILCS 205/1].)
2) When appearing before the Board, any person other than
individuals must appear through an attorney-at-law licensed and registered to
practice law. (See Section 1 of the Corporation Practice of Law Prohibition
Act [705 ILCS 220/1] and Section 1 of the Attorney Act.)
3) An
out-of-state attorney may appear as counsel and provide legal services in a
proceeding before the Board only if the attorney has permission to do so under Illinois
Supreme Court Rule 707. No Board order is required for an out-of-state
attorney to appear and no motion to appear pro hac vice is necessary. The out‑of‑state
attorney's appearance must include the following:
A) A
representation that the out-of-state attorney is in, and will maintain
throughout the proceeding, compliance with Supreme Court Rule 707; and
B) Identification of the active status Illinois attorney
associated with the out-of-state attorney under Supreme Court Rule 707 and the
date on which the active status Illinois attorney filed an appearance in the
proceeding.
4) Any attorney appearing in a representative capacity must file
a separate written appearance with the Clerk, together with documentation of
service of the appearance under Section 101.304(d) and notice of filing of the
appearance under Section 101.304(b)(2). The appearance must include:
A) For law firms, the Agency, and the Attorney General's Office, a
lead attorney must be designated for phone and mail contact pertaining to the
proceeding. Absent written notice, the Board will designate the attorney whose
signature appears first on the party's first filing as the lead attorney.
B) The attorney's business address and designation of a primary
e-mail address for service by e-mail. Up to two secondary e-mail addresses may
also be included.
5) Any person seeking to contest personal jurisdiction must do so
by filing a motion with the Board consistent with Section 2-301 of the Code of
Civil Procedure.
b) Withdrawals. An attorney who has appeared in a representative
capacity and who wishes to withdraw from that representation must file a notice
of withdrawal with the Clerk, together with documentation of service and notice
of filing on all parties or their representatives.
c) Substitution. Any attorney who substitutes for an attorney of
record must file a written appearance under subsection (a). That appearance
must identify the attorney for whom the substitution is made. However, no
attorney will be considered withdrawn from a proceeding until a formal
withdrawal is filed in compliance with subsection (b).
d) Any person may appear on his or her own behalf or on others'
behalf in a rulemaking, consistent with 35 Ill. Adm. Code 102.100(b), or in a
TLWQS proceeding.
(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.402 INTERVENTION OF PARTIES
Section 101.402 Intervention
of Parties
a) The Board may permit any person to intervene in any
adjudicatory proceeding. If a person seeks to intervene in an adjudicatory
proceeding, the person must file a motion to do so with the Clerk and serve a
copy of the motion on all parties to the proceeding. The motion must state the
grounds for intervention.
b) In determining whether to grant a motion to intervene, the
Board will consider the timeliness of the motion and whether intervention will
unduly delay, materially prejudice, or otherwise interfere with an orderly or
efficient proceeding.
c) Subject to subsection (b), the Board will permit any person to
intervene in any adjudicatory proceeding if:
1) The person has an unconditional statutory right to intervene
in the proceeding; or
2) It may be necessary for the Board to impose a condition on the
person.
d) Subject to subsection (b), the Board may permit any person to
intervene in any adjudicatory proceeding if:
1) The person has a conditional statutory right to intervene in
the proceeding;
2) The person may be materially prejudiced absent intervention;
or
3) The person is so situated that the person may be adversely
affected by a final Board order.
e) An intervenor will have all the rights of an original party to
the adjudicatory proceeding, except that the Board may limit the rights of the
intervenor as justice may require. The limits may include providing that: the
intervenor is bound by Board and hearing officer orders already issued or by
evidence already admitted; that the intervenor does not control any decision
deadline; and that the intervenor cannot raise issues that were raised or might
more properly have been raised at an earlier stage of the proceeding.
(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.403 JOINDER OF PARTIES
Section 101.403 Joinder of
Parties
a) The Board, on its own motion or the motion of any party, may
add a person as a party to any adjudicatory proceeding if:
1) A complete determination of a controversy cannot be had
without the presence of the person who is not already a party to the proceeding;
2) The person who is not already a party to the proceeding has an
interest that the Board's order may affect; or
3) It may be necessary for the Board to impose a condition on the
person who is not already a party to the proceeding.
b) The Board will not dismiss an adjudicatory proceeding for
misjoinder of parties. The Board will not dismiss an adjudicatory proceeding
for nonjoinder of persons who must be added to allow the Board to decide an
action on the merits without first providing a reasonable opportunity to add
the persons as parties. As justice may require, the Board may add new parties
and dismiss misjoined parties at any stage of an adjudicatory proceeding.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.404 AGENCY AS A PARTY IN INTEREST
Section 101.404 Agency as a
Party in Interest
a) Under Section 30 of the Act, the Board may request that the
Agency investigate:
1) Any alleged violation of the Act, any regulations adopted
under the Act, any permit or term or condition of a permit granted by the
Agency, or any Board order; and
2) Any other matters as the Board finds advisable.
b) Upon a request under subsection (a), the Board may designate
the Agency as a party in interest in any ongoing proceeding concerning that
matter. The designation of the Agency as a party in interest does not require
the Agency to take a position on the merits of the proceeding.
(Source:
Amended at 43 Ill. Reg. 9674, effective August 22, 2019)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.406 CONSOLIDATION OF CLAIMS
Section 101.406
Consolidation of Claims
The Board, upon the motion of
any party or upon its own motion, may consolidate two or more proceedings for
hearing or decision or both. The Board will consolidate the proceedings if
consolidation is in the interest of convenient, expeditious, and complete
determination of claims, and if consolidation would not cause material
prejudice to any party. The Board will not consolidate proceedings in which
the burdens of proof vary.
(Source:
Amended at 43 Ill. Reg. 9674, effective August 22, 2019)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.408 SEVERANCE OF CLAIMS
Section 101.408 Severance of
Claims
Upon motion of any party or on
the Board's own motion, in the interest of convenient, expeditious, and
complete determination of claims, and where no material prejudice will be
caused, the Board may sever claims involving any number of parties.
SUBPART E: MOTIONS
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.500 FILING OF MOTIONS AND RESPONSES
Section 101.500 Filing of
Motions and Responses
a) The Board may entertain any motion the parties wish to file
that is permissible under the Act or other applicable law, this Part, or the
Code of Civil Procedure.
b) All motions must be in writing, unless made orally on the
record during a hearing or during a status conference, and must state whether the
motion is directed to the Board or to the hearing officer. A party's oral
motion made to the Board at hearing is waived if the party fails to file the
motion within 14 days after the Board receives the hearing transcript. Motions
that should be directed to the hearing officer are specified in Section
101.502. All motions must be filed and served in compliance with Subparts C
and J.
c) Motions may be filed at any time unless otherwise specifically
provided.
d) Within 14 days after service of a motion, a party may file a
response to the motion. If no response is filed, the party waives objection to
the granting of the motion, but the waiver of objection does not bind the Board
or the hearing officer in its disposition of the motion. Unless undue delay or
material prejudice would result, neither the Board nor the hearing officer will
grant any motion before the 14-day response period expires, except in decision deadline
proceedings in which no decision deadline waiver has been filed. Parties may
request that the Board grant more time to respond by filing a motion for
extension of time before the response period expires.
e) The moving person will not have the right to reply, except as
the Board or the hearing officer permits to prevent material prejudice. A
motion for permission to file a reply must be filed with the Board within 14
days after service of the response.
(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.502 MOTIONS DIRECTED TO THE HEARING OFFICER
Section 101.502 Motions
Directed to the Hearing Officer
a) The hearing officer has the authority to rule on all motions
that are not dispositive of the proceeding. Dispositive motions include
motions to dismiss, motions to decide a proceeding on the merits, motions to
strike any claim or defense for insufficiency or want of proof, motions
claiming lack of jurisdiction, motions for consolidation, motions for summary
judgment, and motions for reconsideration. Oral motions directed to a hearing
officer at a status conference will be summarized in a written hearing officer
order. The duties and authorities of the hearing officer are further specified
in Section 101.610.
b) At hearing, objections and hearing officer rulings must be
made on the record. A party's objection to a hearing officer ruling made at
hearing is waived if the party fails to file the objection within 14 days after
the Board receives the hearing transcript.
c) Unless the Board orders otherwise, neither the filing of a
motion, nor any appeal to the Board of a hearing officer order will stay the proceeding
or extend the time to perform any act. Unless otherwise provided, all hearing
officer orders will remain in effect during the pendency of any appeal to the
Board.
(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.504 CONTENTS OF MOTIONS AND RESPONSES
Section 101.504 Contents of
Motions and Responses
All motions and responses must
state the grounds upon which the motion is made and must concisely state the
position or relief sought. Facts asserted that are not of record in the
proceeding must be supported by oath, affidavit, or certification consistent
with Section 1-109 of the Code of Civil Procedure. A brief or memorandum in
support of the motion or response may be included.
(Source:
Amended at 43 Ill. Reg. 9674, effective August 22, 2019)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.506 MOTIONS ATTACKING THE SUFFICIENCY OF THE PETITION, COMPLAINT, OR OTHER PLEADING
Section 101.506 Motions
Attacking the Sufficiency of the Petition, Complaint, or Other Pleading
All motions to strike, dismiss,
or challenge the sufficiency of any pleading filed with the Board must be filed
within 30 days after the service of the challenged document, unless the Board
determines that material prejudice would result.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.508 MOTIONS TO BOARD PRELIMINARY TO HEARING
Section 101.508 Motions to
Board Preliminary to Hearing
Motions that a party desires the
Board to rule on before hearing should be filed at least 21 days prior to the
regularly scheduled Board meeting before the noticed hearing date. Any motion
filed after this time will be considered by the Board if time permits.
(Source:
Amended at 43 Ill. Reg. 9674, effective August 22, 2019)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.510 MOTIONS TO CANCEL HEARING
Section 101.510 Motions to
Cancel Hearing
a) Time to File. Unless the Board or the hearing officer orders
otherwise the hearing officer may grant motions to cancel hearings that are
filed no fewer than ten days or, if all parties agree to the motion, five days
before the scheduled hearing date. The hearing officer may grant a motion
filed after the prescribed time only if the movant demonstrates that the movant
will suffer material prejudice if the hearing is not canceled.
b) Contents. All motions to cancel a hearing must state a
proposed date to reschedule the hearing and must be supported by an affidavit
of the person or persons with knowledge of the facts that support the motion.
The affidavit must include the factual basis for the request to cancel and a
complete status report that describes the progress of the proceeding and sets
forth the number of cancellation requests previously granted to the movant.
The hearing officer will grant the motion only if the movant demonstrates that
the request to cancel is not due to the movant's lack of diligence.
c) In a proceeding with a decision deadline, the hearing officer
will deny a motion to cancel a hearing if the decision deadline does not allow
enough time for the Board to reschedule the hearing, provide the required
notice of the rescheduled hearing, complete the hearing, and deliberate and
decide the matter.
d) If the hearing officer grants a motion to cancel a hearing,
the hearing officer will revise the schedule to complete the record in compliance
with Section 101.612. The hearing officer also will file the revised schedule
with the Clerk and serve a copy of the revised schedule on all parties in compliance
with Subpart C.
(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.512 MOTIONS FOR EXPEDITED REVIEW
Section 101.512 Motions for
Expedited Review
a) Motions for expedited review must be directed to the Board.
All motions for expedited review must completely state the facts and reasons
for the request and must be accompanied by an oath or affirmation attesting
that the facts cited are true.
b) In acting on a motion for expedited review, the Board will, at
a minimum, consider all statutory requirements and whether material prejudice
will result from the motion being granted or denied.
c) The Board will grant a motion for expedited review consistent
with available resources and decision deadlines.
(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.514 MOTIONS TO STAY PROCEEDINGS
Section 101.514 Motions to
Stay Proceedings
a) Motions to stay a proceeding must be directed to the Board and
must be accompanied by sufficient information detailing why a stay is needed,
and in decision deadline proceedings, by a waiver of any decision deadline. A
status report detailing the progress of the proceeding must be included in the
motion. (See also Section 101.308.)
b) If the motion to stay is granted, at the close of the stay,
the parties must file a status report in compliance with Subpart C. Additional
requests for stay of the proceedings must be directed to the hearing officer.
(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.516 MOTIONS FOR SUMMARY JUDGMENT
Section 101.516 Motions for
Summary Judgment
a) Any time after the opposing party has appeared (or after the
expiration of time within which any party must appear), but no fewer than 30
days prior to the regularly scheduled Board meeting before the noticed hearing
date, a party may move the Board for summary judgment for all or any part of
the relief sought. Any response to a motion for summary judgment must be filed
within 14 days after service of the motion for summary judgment. The hearing
officer may extend the filing and response deadlines contained in this
subsection upon written motion by a party, consistent with any statutory
deadlines.
b) If 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, the Board will enter summary judgment.
c) Any party wishing to cancel a hearing pending decision on a
motion for summary judgment must file a motion to cancel hearing under Section
101.510.
(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.518 MOTIONS FOR INTERLOCUTORY APPEAL FROM HEARING OFFICER ORDERS
Section 101.518 Motions for
Interlocutory Appeal from Hearing Officer Orders
A party may take to the Board an
interlocutory appeal from a hearing officer ruling by filing a motion within 14
days after the party receives the hearing officer's written order. However, if
the hearing officer makes the ruling on the record at hearing, any motion for
interlocutory appeal must be filed within 14 days after the Board receives the hearing
transcript. Filing a motion for interlocutory appeal will not postpone a
scheduled hearing, stay the effect of the hearing officer's ruling, or
otherwise stay the proceeding.
(Source:
Amended at 43 Ill. Reg. 9674, effective August 22, 2019)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.520 MOTIONS FOR RECONSIDERATION
Section 101.520 Motions for
Reconsideration
a) Any motion for reconsideration or modification of a Board
order must be filed within 35 days after the receipt of the order. (See Section
101.902.)
b) Any response to a motion for reconsideration or modification
must be filed within 14 days after the filing of the motion.
c) A timely-filed motion for reconsideration or modification
stays the effect of the order until final disposition of the motion.
(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.522 MOTIONS FOR EXTENSION OF TIME
Section 101.522 Motions for
Extension of Time
If a party's motion shows good
cause, the Board or hearing officer may extend any deadline required by this
Part. The motion may be filed either before or after the deadline expires.
(Source:
Amended at 43 Ill. Reg. 9674, effective August 22, 2019)
SUBPART F: HEARINGS, EVIDENCE, AND DISCOVERY
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.600 HEARINGS
Section 101.600 Hearings
a) All hearings are open to the public and are held in compliance
with the Americans with Disabilities Act of 1990 (42 USC 12101 et seq.). The
hearings will be held at locations ordered by the hearing officer. The hearing
officer will select hearing locations that comply with any geographic
requirements imposed by applicable law and, to the extent feasible, promote the
attendance of interested members of the public, the convenience of the parties,
and the conservation of the Board's resources. All hearings are subject to
cancellation without notice. Interested persons may contact the Clerk's Office
or the hearing officer for information about the hearing. Parties,
participants, and members of the public must conduct themselves with decorum at
the hearing.
b) Any Board hearing may be held by videoconference. Upon its
own motion or the motion of any party, the Board or the hearing officer may
order that a hearing be held by videoconference. In deciding whether a hearing
should be held by videoconference, factors that the Board or the hearing
officer will consider include cost-effectiveness, efficiency, facility
accommodations, witness availability, public interest, the parties'
preferences, and the proceeding's complexity and contentiousness.
(Source: Amended
at 40 Ill. Reg. 7912, effective May 20, 2016)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.602 NOTICE OF BOARD HEARINGS
Section 101.602 Notice of
Board Hearings
a) The Clerk will serve the parties with the hearing officer's
notice of a hearing at least 21 days before the hearing.
b) The Clerk will provide notice of all hearings, except for
administrative citation hearings, in a newspaper of general circulation in the
county in which the facility or pollution source is located, or where the
activity in question occurred. Unless otherwise required by applicable law,
when a hearing is to be held to satisfy the public hearing requirement of the
Clean Air Act (42 USC 7401 et seq.) for
State Implementation Plan revisions, the Clerk will give notice of the hearing
by publication in the Illinois Register in lieu of newspaper notice. Notice
must be published at least 21 days before the hearing. If the proceeding
involves federal rules that the State has been delegated authority to
administer, notice must be published at least 30 days before the hearing.
c) Whenever a proceeding before the Board may affect the right
of the public individually or collectively to the use of community sewer or
water facilities provided by a municipally owned or publicly regulated company,
the Board shall at least 30 days prior to the scheduled date for the first
hearing in the proceeding, give notice of the date, time, place, and purpose of
the hearing by public advertisement in a newspaper of general circulation in
the area of the State concerned [415 ILCS 5/33(c)].
(Source:
Amended at 43 Ill. Reg. 9674, effective August 22, 2019)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.604 FORMAL BOARD TRANSCRIPT
Section 101.604 Formal Board
Transcript
All Board hearings will be
transcribed by a certified court reporter in compliance with Section 32 of the
Act or other applicable law. Any party or witness may file a motion with the
hearing officer to correct the transcript within 21 days after the Board
receives the transcript. If a party or witness fails to timely file a motion
to correct the transcript, the party or witness waives the right to correct,
unless material prejudice would result.
(Source:
Amended at 43 Ill. Reg. 9674, effective August 22, 2019)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.606 INFORMAL RECORDINGS OF THE PROCEEDINGS
Section 101.606 Informal
Recordings of the Proceedings
Informal recording of Board
proceedings is allowed as provided for in this Section. The hearing officer
may prohibit audio or video recording at hearing if a witness refuses to
testify on the grounds that the witness must not be compelled to testify if any
portion of the testimony is to be broadcast or televised. If the hearing
officer determines that recording is disruptive or detrimental to proper
development of the record, the hearing officer may limit or prohibit audio and
video recording.
(Source: Amended
at 43 Ill. Reg. 9674, effective August 22, 2019)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.608 DEFAULT
Section 101.608 Default
a) If a party fails to appear at the hearing, or fails to proceed
as the Board or hearing officer ordered, the party defaults.
b) If a respondent fails to appear at hearing, the complainant or
petitioner must prove its prima facie case to prevail on the merits.
(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.610 DUTIES AND AUTHORITY OF THE HEARING OFFICER
Section 101.610 Duties and
Authority of the Hearing Officer
The hearing officer has the duty
to manage proceedings assigned, to set hearings, to conduct a fair hearing, to
take all necessary action to avoid delay, to maintain order, and to ensure
development of a clear, complete, and concise record for timely transmission to
the Board. The hearing officer has all powers necessary to these ends,
including the authority to:
a) Require parties to proceed to hearing and establish a schedule
for, and notice and service of, any prefiled submission of testimony and written
exhibits;
b) Administer oaths and affirmations;
c) Allow for the examination of or examine witnesses to ensure a
clear and complete record;
d) Regulate the course of the hearing, including controlling the
order of proceedings;
e) Establish reasonable time limits on the testimony and
questioning of any witness, and limit repetitive or cumulative testimony and
questioning;
f) Determine that a witness is adverse, hostile, or unwilling under
Section 101.624;
g) Issue an order compelling the answers to interrogatories or
responses to other discovery requests;
h) Order the production of evidence under Section 101.614;
i) Order the filing of any required Agency record, OSFM record,
local siting authority record, or recommendation in a manner that provides for
a timely review and development of issues prior to the hearing and consistent
with any statutory decision deadline;
j) Initiate, schedule, and conduct a pre-hearing conference;
k) Order a briefing and comment schedule and exclude late-filed
briefs and comments from the record;
l) Rule upon objections and evidentiary questions;
m) Order discovery under Sections 101.614 and 101.616;
n) Rule on any motion directed to the hearing officer or deferred
to the hearing officer by the Board consistent with Section 101.502;
o) Set status report schedules;
p) Require all participants in a rulemaking or TLWQS proceeding
to state their positions regarding the proposal or petition, as applicable; and
q) Rule upon offers of proof and receive evidence and rule upon
objections to the introduction of evidence.
(Source: Amended at 44 Ill. Reg. 14867, effective September 4, 2020)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.612 SCHEDULE TO COMPLETE THE RECORD
Section 101.612 Schedule to
Complete the Record
a) The hearing officer will establish a schedule to complete the
record by hearing officer order. The schedule may provide dates and deadlines
for pre-hearing conferences, discovery completion, and hearing and post-hearing
submissions (including public comments). The schedule must provide for a
completed record at least 30 days before the decision date, unless the hearing
officer orders otherwise to prevent material prejudice. The hearing officer will
file the schedule with the Clerk and serve a copy of the schedule on all
parties in compliance with Subpart C.
b) The hearing officer may rule upon any motion to revise the
schedule to complete the record. The hearing officer may grant the motion to
the extent that the revised schedule provides for a completed record at least
30 days before the decision date or to prevent material prejudice. If the
hearing officer grants a motion to revise the schedule, the hearing officer will
file the revised schedule with the Clerk and serve a copy of the revised
schedule on all parties in compliance with Subpart C. (See also Section
101.510(d).)
(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.614 PRODUCTION OF INFORMATION
Section 101.614 Production
of Information
The hearing officer may, on his
or her own motion or on the motion of any party, order the production of
information that is relevant to the matter under consideration. The hearing
officer will deny, limit or condition the production of information when necessary
to prevent undue delay, undue expense, or harassment, or to protect materials
from disclosure consistent with Sections 7 and 7.1 of the Act and 35 Ill. Adm.
Code 130.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.616 DISCOVERY
Section 101.616 Discovery
The assigned hearing officer
will set all time deadlines for discovery not already provided for in this
Subpart consistent with Board deadlines. For discovery, the Board may look to
the Code of Civil Procedure and the Illinois Supreme Court Rules for guidance when
the Board's procedural rules are silent (see Section 101.100(b)). All
discovery disputes will be handled by the assigned hearing officer.
a) All relevant information and information calculated to lead to
relevant information is discoverable, excluding those materials that would be
protected from disclosure in the courts of this State under statute, Supreme
Court Rules or common law, and materials protected from disclosure under 35
Ill. Adm. Code 130.
b) If the parties cannot agree on the scope of discovery or the
time or location of any deposition, the hearing officer has the authority to
order discovery or to deny requests for discovery.
c) All discovery must be completed at least ten days prior to the
scheduled hearing in the proceeding unless the hearing officer orders
otherwise.
d) The hearing officer may, on his or her own motion or on the
motion of any party or witness, issue protective orders that deny, limit,
condition or regulate discovery to prevent unreasonable expense, or harassment,
to expedite resolution of the proceeding, or to protect non-disclosable
materials from disclosure consistent with Sections 7 and 7.1 of the Act and 35
Ill. Adm. Code 130.
e) Unless a claim of privilege is asserted, it is not a ground
for objection that the testimony of a deponent or person interrogated will be
inadmissible at hearing, if the information sought is reasonably calculated to
lead to relevant information. Any appeals of rulings by the hearing officer
regarding discovery must be in writing and filed with the Board prior to
hearing.
f) Failure to comply with any order regarding discovery may
subject the offending persons to sanctions under Subpart H.
g) If any person serves any request for discovery or answers to
discovery for any improper purpose, such as to harass or to cause unnecessary
delay or needless increase in the cost of litigation, or knowingly gives a
false answer to discovery questions, the Board, on its own motion or the motion
of a party, may impose sanctions under Subpart H.
h) A party must amend any prior responses to interrogatories,
requests for production, or requests for admission if the party learns that the
response is in some material respect incomplete or incorrect, and the
additional or corrected information has not otherwise been made known to the
other parties during the discovery process or in writing.
(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.618 ADMISSIONS
Section 101.618 Admissions
a) General. All requests to admit must be served upon a party no
later than 35 days before hearing. All answers or objections to requests to
admit must be served upon the party requesting the admission within 28 days
after the service of the request.
b) Extension of Time. Under Sections 101.522 and 101.610, the
hearing officer may extend the time for filing any request, answer, or
objection either before or after the expiration of time.
c) Request to Admit. Any party serving a request to admit under
subsection (d) or (e) must include the following language in the first
paragraph of the request: "Failure to respond to the following requests
to admit within 28 days may have severe consequences. If you fail to respond
to the following requests, you will be considered to have admitted that all the
facts requested are true for this proceeding. If you have any questions about
this procedure, you should contact the hearing officer assigned to this
proceeding or an attorney."
d) Request for Admission of Fact. A party may serve a written
request for admission of the truth of specific statements of fact on any other
party.
e) Request for Admission of Genuineness of Document. A party may
serve a written request for admission of the genuineness of documents on any
other party. Copies of the document must be served unless the document has
already been furnished in the present proceeding.
f) Admitted If Not Denied. Each of the matters of fact and the
genuineness of each document of which admission is requested is admitted
unless, within 28 days after service, the party to whom the request is directed
serves upon the party requesting the admission either a sworn statement denying
specifically the matters of which admission is requested or stating in detail
the reasons why the party cannot truthfully admit or deny those matters, or
written objections on the ground that some or all of the requested admissions
are privileged or irrelevant or that the request is otherwise improper in whole
or in part. If written objections to a part of the request are made, the
remainder of the request must be answered within the period designated in the
request. A denial must fairly address the substance of the requested
admission.
g) Partial Denial or Qualification. If good faith requires that
a party deny a part of a matter for which an admission is requested, or if a
part requires qualification, the party must specify the part that is denied or
qualified and admit only the remainder.
h) Objection. Any objection to a request or to any answer must
be stated with specificity, and will be heard by the hearing officer upon
notice and motion of the party making the request.
i) Effect of Admission. Any admission made by a party to a
request under this Section is for the pending proceeding only. It is not an
admission by the party for any other purpose and must not be used against him or
her in any other proceeding.
(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.620 INTERROGATORIES
Section 101.620
Interrogatories
a) Unless the hearing officer orders otherwise, a party may serve
a maximum of 30 written interrogatories, including subparts, on any other
party, no later than 35 days before hearing.
b) Within 28 days after service, the party to whom the
interrogatory is directed must serve the answers and objections, if any, upon
the party submitting the interrogatories. Each interrogatory must be answered
separately and fully in writing under oath, unless it is objected to. Answers
must be signed by the person making them and objections must be signed by the
attorney making them or, if an individual represents himself or herself, the
individual making them.
c) Grounds for an objection to an interrogatory must be stated
with specificity, and be accompanied by a copy of the interrogatory. Any
ground that is not stated in a timely objection is waived unless waiver would
result in material prejudice or good cause for the delay is shown.
(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.622 SUBPOENAS AND DEPOSITIONS
Section 101.622 Subpoenas
and Depositions
a) Upon request by any party to a contested proceeding, the Clerk
will issue subpoenas for the attendance of witnesses at a hearing or
deposition. Subpoena forms are available at the Board's Chicago office. The
person requesting the subpoena is responsible for completing the subpoena and
serving it upon the witness.
b) Service of the subpoena on the witness must be completed no
later than ten days before the date of the required appearance. A copy of the
subpoena must be filed with the Clerk and served upon the hearing officer
within seven days after service upon the witness. Failure to serve both the
Clerk and the hearing officer makes the subpoena null and void. Service and
filing must comply with Subpart C.
c) Subpoenas may include a command to produce books, papers,
documents, or other tangible things designated in the subpoena and relevant to
the matter under consideration.
d) The hearing officer, upon motion made promptly and in any
event at or before the time specified in the subpoena for compliance, may quash
or modify the subpoena if it is unreasonable or irrelevant. The hearing officer,
under the standards of Section 101.614, will rule upon motions to quash or
modify material requested in the subpoena under subsection (c).
e) Each witness subpoenaed by a party under this Section is
entitled to receive witness fees from that party as provided in Section 4.3 of
the Circuit Courts Act [705 ILCS 35/4.3].
f) Unless the hearing officer orders otherwise, any witness
subpoenaed for a deposition may be required to attend only in the county in
which he or she resides or maintains an office address. Consistent with Illinois
Supreme Court Rule 206(d), all depositions must be limited to 3 hours in length
unless the parties and the non-party deponent by stipulation agree to a longer
time frame or unless the hearing officer orders otherwise after a showing of
good cause.
g) Failure of any witness to comply with a subpoena will subject
the witness to sanctions under this Part, or the judicial enforcement of the
subpoena. The Board may, upon proper motion by the party requesting the
subpoena, request the Attorney General to pursue judicial enforcement of the
subpoena on behalf of the Board.
(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.624 EXAMINATION OF ADVERSE, HOSTILE, OR UNWILLING WITNESSES
Section 101.624 Examination
of Adverse, Hostile, or Unwilling Witnesses
a) Adverse Witnesses. At hearing, upon motion granted by the
hearing officer, any party, or any person for whose immediate benefit the
proceeding is prosecuted or defended, or any officers, directors, managing
agents, or foremen of any party may be called as an adverse witness consistent
with Section 2-1102 of the Code of Civil Procedure. Adverse witnesses may be
examined as if under cross-examination. The party calling the adverse witness
may rebut the testimony and may impeach the witness.
b) Hostile or Unwilling Witnesses. If the hearing officer
determines that any witness is hostile or unwilling, the witness may be
examined by the party calling the witness as if under cross-examination.
(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.626 INFORMATION PRODUCED AT HEARING
Section 101.626 Information
Produced at Hearing
In compliance with Section 10-40
of the IAPA, the hearing officer will admit evidence that is admissible under
the rules of evidence as applied in the civil courts of Illinois, except as
otherwise provided in this Part or 35 Ill. Adm. Code 105.
a) Evidence. The hearing officer may admit evidence that is
material, relevant, and would be relied upon by prudent persons in the conduct
of serious affairs, unless the evidence is privileged.
b) Admissibility of Evidence. When the admissibility of evidence
depends upon a good faith argument as to the interpretation of substantive law,
the hearing officer will admit the evidence.
c) Scientific Articles and Treatises. Relevant scientific or
technical articles, treatises, or materials may be introduced into evidence by
a party. The materials are subject to refutation or disputation through
introduction of documentary evidence or expert testimony.
d) Written Testimony. Written testimony may be introduced by a
party in a hearing only if provided to all other parties of record before the
date of the hearing and only after the opposing parties have had an opportunity
to object to the written testimony and to obtain a ruling on the objections before
its introduction. Written testimony may be introduced by a party only if the
persons whose written testimony is introduced are available for
cross-examination at hearing.
e) Admission of Business Records. A writing or record, whether
in the form of any entry in a book or otherwise made as a memorandum or record
of any act, transaction, occurrence, or event, may be admissible as evidence of
the act, transaction, occurrence, or event. To be admissible, the writing or
record must have been made in the regular course of business, if it was the
regular course of business to make the memorandum or record at the time of the
act, transaction, occurrence, or event, or within a reasonable time afterwards.
All other circumstances of the making of the writing or record, including lack
of personal knowledge by the entrant or maker, may be admitted to affect the
weight of the evidence, but will not affect admissibility. The term
"business," as used in this subsection (e), includes businesses,
professions, occupations, and callings of every kind.
f) Prior Inconsistent Statements. Prior statements made under
oath may be admitted to impeach a witness if the statement is inconsistent with
the witness' testimony at hearing.
g) Oral and Written Statements. Oral and written statements from
participants may be taken at hearing under Section 101.628.
(Source: Amended at 44 Ill. Reg. 14867, effective September 4, 2020)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.627 ELECTRONIC FILING OF HEARING EXHIBITS AFTER ADJUDICATORY OR TLWQS HEARING
a) Scope. After an
adjudicatory or TLWQS hearing, an accurate reproduction of each exhibit offered
for admission at the hearing must be electronically filed through COOL under
Subpart J by the party or participant who offered the exhibit, unless the
hearing officer determines that it is not practicable for the offering party or
participant to do so.
1) This electronic filing
requirement:
A) Applies regardless of
whether the hearing exhibit was admitted by the hearing officer; and
B) Does not apply to a hearing
exhibit that contains information claimed or determined to be a trade secret or
other nondisclosable information under 35 Ill. Adm. Code 130, but it does apply
to the version of the exhibit that is redacted under 35 Ill. Adm. Code 130.
2) When practicable, the
offering party or participant must:
A) Reduce an oversized
hearing exhibit to conform to or be formatted to print on 8½ x 11-inch paper;
and
B) Electronically file the
version of the oversized exhibit reduced under subsection (a)(2)(A).
b) Timing. The offering
party or participant must comply with subsection (a) within five days after the
last day of the hearing at which the exhibit was offered. Upon good cause
shown, the hearing officer may extend this deadline.
c) Certification. The
electronic filing under subsection (a) must include a certification in which
the offering party or participant certifies that each hearing exhibit being
filed is an accurate reproduction of the corresponding exhibit offered at the
hearing.
d) Exhibit Number. The
offering party or participant must mark each hearing exhibit electronically
filed under subsection (a) with the number assigned to that exhibit by the
hearing officer.
e) Form. Each hearing
exhibit electronically filed under subsection (a) must comply with Section
101.1030, except as follows:
1) The exhibit must, to the
extent technically feasible, be in a text-searchable format; and
2) Multiple exhibits may be
filed as a single electronic file, subject to the size limit of Section
101.1030(c).
f) Service. The offering
party or participant must serve the other parties or participants and the
hearing officer with its notice of filing the hearing exhibits under subsection
(a). (See Section 101.302(b)(3).) The offering party or participant is not
required to serve the hearing exhibits, unless the hearing officer orders
otherwise.
g) Objection and Response
1) No later than five days
after the offering party or participant files a hearing exhibit under
subsection (a), any other party or participant may file an objection but only
to allege that the filed exhibit is not an accurate reproduction of the exhibit
offered at the hearing. Each hearing exhibit filed under this Section will be
promptly posted to COOL by the Clerk's Office.
2) No later than five days
after being served with an objection under subsection (g)(1), the offering
party or participant may file a response to the objection.
3) Upon good cause shown or
to avoid undue delay, the hearing officer may modify one or both deadlines
under this subsection (g).
(Source: Added at 43 Ill. Reg. 9674,
effective August 22, 2019)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.628 STATEMENTS FROM PARTICIPANTS
Section 101.628 Statements
from Participants
a) Oral Statements. The hearing officer may permit a participant
to make oral statements on the record when time, facilities, and concerns for a
clear and concise hearing record so allow. The oral statements must be made
under oath and are subject to cross-examination. (See Sections 101.110 and
101.114.)
b) Written Statements. Any participant may submit written
statements relevant to the subject matter at any time before hearing or at
hearing. The participant submitting the statement will be subject to cross-examination
by any party. Written statements submitted without the availability of
cross-examination will be treated as public comment in compliance with
subsection (c) and will be afforded lesser weight than evidence subject to
cross-examination.
c) Public Comments or Amicus Curiae Briefs. Oral public comment
may be made on the record at a hearing and is not subject to
cross-examination. Additionally, participants may file written public comments
subject to the requirements of this Section and the hearing officer's schedule
for completing the record. The Board also allows for the filing of amicus
curiae briefs by non-party participants. Amicus curiae briefs will be allowed
in compliance with Section 101.110.
1) Written public comments must be filed within 14 days after the
close of the last hearing unless the hearing officer specifies a different date
for submission of post-hearing comments. However, all public comments must be
filed with the Board no later than 30 days before the decision date, unless the
hearing officer orders otherwise to prevent material prejudice. Consistent
with the burden of proof in an adjudicatory proceeding or with the designation
of the proponent in a rulemaking or the petitioner in a TLWQS proceeding, the
hearing officer may provide for differing filing deadlines regarding
post-hearing comments by different persons. Under hearing officer order,
rebuttal public comments may be submitted.
2) All public comments must present arguments or comments based
on evidence in the record. The comments may also present legal argument citing
legal authorities.
3) Comments must be filed with the Board.
(Source: Amended at 43 Ill.
Reg. 9674, effective August 22, 2019)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.630 OFFICIAL NOTICE AND EVIDENCE EVALUATION
Section 101.630 Official
Notice and Evidence Evaluation
a) Official
notice may be taken of:
1) Matters
of which the circuit courts of this State may take judicial notice; and
2) Generally
recognized technical or scientific facts within the Board's specialized
knowledge.
b) Parties
will be notified of the material noticed under subsection (a) and they will be
given an opportunity to contest that material.
c) The
Board may use its experience, technical competence, and specialized knowledge
in evaluating evidence.
(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.632 SITE VISITS
Section 101.632 Site Visits
Upon the request of any party or
the Board's own motion, the Board may conduct a site visit to establish a more
comprehensive record. If the site visit is part of an adjudicatory proceeding,
the Board will notify all parties in advance.
SUBPART G: ORAL ARGUMENT
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.700 ORAL ARGUMENT
Section 101.700 Oral
Argument
a) The Board may hear oral argument upon written motion of a
party or the Board's own motion. The oral argument will be transcribed by a
stenographer provided by the Board and become part of the record of the
proceedings before the Board. The purpose of oral argument is to address legal
questions. Oral argument is not intended to address new facts.
b) Motions for oral argument must contain arguments supporting
the grant of the motion for oral argument. In considering a motion for oral
argument, the Board will consider, but is not limited to considering, the
uniqueness of the issue or proceeding and whether the issue or proceeding
involves a conflict of law.
c) In any proceeding with a statutory decision deadline, the
Board will deny the request for oral argument if there is insufficient time to
schedule oral argument and allow time for the Board to issue its decision.
d) If the Board grants the motion for oral argument, it will
issue an order stating a schedule for oral argument that may include a briefing
schedule. The brief will be limited to the issues for which oral argument was
granted.
(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)
SUBPART H: SANCTIONS
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.800 SANCTIONS FOR FAILURE TO COMPLY WITH PROCEDURAL RULES, BOARD ORDERS, OR HEARING OFFICER ORDERS
Section 101.800 Sanctions
for Failure to Comply with Procedural Rules, Board Orders, or Hearing Officer
Orders
a) If any person unreasonably fails to comply with any provision
of 35 Ill. Adm. Code 101 through 130 or any order entered by the Board or the
hearing officer, including any subpoena issued by the Board, the Board may
order sanctions. The Board may order sanctions on its own motion, or in
response to a motion by a party.
b) Sanctions include the following:
1) Further proceedings may be stayed until the order or rules are
complied with, except in proceedings with a statutory decision deadline.
Proceedings with a statutory decision deadline may be dismissed before the date
on which decision is due;
2) The offending person may be barred from filing any other
pleading or other document relating to any issue to which the refusal or
failure relates;
3) The offending person may be barred from maintaining any claim,
counterclaim, third-party complaint, or defense relating to that issue;
4) As to claims or defenses asserted in any pleading or other
document to which that issue is material, a judgment by default may be entered
against the offending person or the proceeding may be dismissed with or without
prejudice;
5) Any portion of the offending person's pleadings or other
documents relating to that issue may be stricken and, if appropriate, judgment
may be entered as to that issue; and
6) The witness may be barred from testifying concerning that
issue.
c) In deciding what sanction to impose, the Board will consider
factors including: the relative severity of the refusal or failure to comply;
the history of the proceeding; the degree to which the proceeding has been
delayed or prejudiced; and the existence or absence of bad faith by the
offending party or person.
(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.802 ABUSE OF DISCOVERY PROCEDURES
Section 101.802 Abuse of
Discovery Procedures
The Board or the hearing officer
may order that information obtained through abuse of discovery procedures be
suppressed. If a person willfully obtains or attempts to obtain information by
an improper discovery method, willfully obtains or attempts to obtain
information to which he is not entitled, or otherwise abuses discovery rules,
the Board or hearing officer may enter any order provided for in this Part.
SUBPART I: REVIEW OF FINAL BOARD OPINIONS AND ORDERS
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.902 MOTIONS FOR RECONSIDERATION
Section 101.902 Motions for
Reconsideration
In ruling upon a motion for
reconsideration, the Board will consider factors including new evidence, or a
change in the law, to conclude that the Board's decision was in error. (See
also Section 101.520.) A motion for reconsideration of a final Board order is
not a prerequisite to appealing the final Board order.
(Source:
Amended at 43 Ill. Reg. 9674, effective August 22, 2019)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.904 RELIEF FROM FINAL OPINIONS AND ORDERS
Section 101.904 Relief from
Final Opinions and Orders
a) Upon its own motion or motion of any party, the Board may
correct clerical mistakes in orders or other parts of the record and errors in
the record arising from oversight or omission before the appeal is docketed in
the appellate court. While the appeal is pending, the mistakes may be
corrected only with permission of the appellate court. Any corrected order will
be delivered to all parties and participants in that proceeding.
b) On written motion, the Board may relieve a party from a final
order entered in a contested proceeding, for the following:
1) Newly-discovered evidence that existed at the time of hearing
and that by due diligence could not have been timely discovered;
2) Fraud (whether intrinsic or extrinsic), misrepresentation, or
other misconduct of an adverse party; or
3) Void order, such as an order based upon jurisdictional
defects.
c) A motion under this Section does not affect the finality of a
Board order or suspend the operation of a Board order. The motion must be filed
in the same proceeding in which the order was entered but is not a continuation
of the proceeding. The motion must be supported by oath or affidavit or other
appropriate showing as to matters not of record. All parties or participants
in the proceeding must be notified by the movant as provided by Section
101.304.
d) A motion under subsection (b) must be filed with the Board
within one year after entry of the order, except that a motion under subsection
(b)(3) must be filed within a reasonable time after entry of the order.
e) Any response to a motion under this Section must be filed
within 14 days after the filing of the motion.
(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.906 JUDICIAL REVIEW OF BOARD ORDERS
Section 101.906 Judicial
Review of Board Orders
a) Under Sections 29(a), 38.5(j), and 41(a) of the Act and Illinois
Supreme Court Rule 335, judicial review of final Board orders is available directly
in the appellate court. However, under Section 11-60 of the Property Tax Code [35
ILCS 200/11-60], judicial review of final Board orders in tax certification
proceedings is available from the circuit court.
b) For judicial review, a final Board order is appealable as of
the date of service of the final order upon the appealing person (see Section
101.300(d)).
c) The procedure for stay of any final Board order during appeal
will be as provided in Supreme Court Rule 335.
(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.908 INTERLOCUTORY APPEAL
Section 101.908
Interlocutory Appeal
Upon motion of any party, the
Board may consider an interlocutory appeal consistent with Illinois Supreme
Court Rule 308.
(Source:
Amended at 43 Ill. Reg. 9674, effective August 22, 2019)
SUBPART J: ELECTRONIC FILING AND E-MAIL SERVICE
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.1000 ELECTRONIC FILING AND E-MAIL SERVICE
Section 101.1000 Electronic Filing and E-Mail Service
a) The
Board provides the opportunity to file and access documents electronically
through its Clerk's Office On-Line (COOL). COOL is located on the Board's
website (pcb.illinois.gov). The Board has taken steps designed to ensure the
integrity and security of COOL in compliance with State policies developed
under the Electronic Commerce Security Act [5 ILCS 175].
b) To
file an electronic document in a Board proceeding, a person must upload the
document on COOL. Electronic filing is not accomplished by sending a document
to the e-mail address of the Clerk or hearing officer.
c) Except
as provided in Section 101.302(h)(3), (h)(4), and (j) and Section 101.1050, all
documents must be filed through COOL. However, if filing through COOL is not
practicable, the Board, the hearing officer, or the Clerk may grant permission
to file in paper.
d) Generally,
the Clerk's Office will not accept paper documents for filing; however, the
Clerk's Office will convert paper-filed documents into electronic documents and
place them on COOL, when permission to file a paper document is granted under
subsection (c).
e) All
documents filed with the Board may be served by e-mail except for enforcement
complaints, administrative citations, and EMSA statements of deficiency. (See
Section 101.304(c) and Section 101.1060.)
(Source: Amended at 43 Ill. Reg. 9674,
effective August 22, 2019)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.1010 ELECTRONIC FILING AUTHORIZATION AND SIGNATURES
Section 101.1010 Electronic Filing Authorization and
Signatures
a) A
person seeking to upload a document on COOL for filing must have been issued a
State of Illinois digital signature certificate under Section 15-310 of the
Electronic Commerce Security Act. (See 5 ILCS 175/15-310.) A link to the
subscriber agreement and application for a State of Illinois digital signature
certificate is available through COOL.
1) Maintaining
digital signature confidentiality is the responsibility of the holder of the
digital signature certificate. The certificate holder is responsible for any
document electronically filed by anyone using his or her digital signature
certificate.
2) The
digital signature certificate holder is responsible for keeping his or her
contact information current.
b) Each electronic document uploaded on COOL for filing must bear
a facsimile electronic signature (i.e., scanned image of original pen-and-ink
signature) or typographical electronic signature (i.e., "/s/ typed name")
of the person authorizing the filing (e.g., attorney, participant, pro se
party). However, if this electronic signature is absent, the document will be considered
to have been signed by the holder of the digital signature certificate used to
upload the document and the certificate holder will be considered to have
authorized the filing. (See 5 ILCS 175/5-120.) To file an electronic document
on behalf of another person in an adjudicatory proceeding, an electronic
signature of a licensed and registered attorney is required. (See Section
101.400(a).)
c) If an electronic document or portion of one requires the
signatures of any persons in addition to those specified in subsection (b)
(e.g., settlement agreement, witness' affidavit), the person authorizing the
filing must:
1) Confirm that the additional persons have approved the document
or corresponding portion of it and obtain their original pen-and-ink signatures
before the document is uploaded on COOL for filing;
2) Ensure that the document or corresponding portion of it bears
the facsimile electronic signatures of, and indicates the identity of, the
additional persons;
3) Upload the document on COOL as a scanned image containing the
necessary signatures; and
4) Keep
the paper original of the document, including the original pen-and-ink
signatures of the additional persons, for one year after the later of the
following:
A) The
date on which the period expires for appealing the final order of the Board; or
B) If the
final order of the Board is appealed, the date on which the period expires for
seeking any further review in the courts.
(Source: Amended at 43 Ill. Reg. 9674,
effective August 22, 2019)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.1020 FILING ELECTRONIC DOCUMENTS
Section 101.1020 Filing Electronic Documents
a) COOL.
To file an electronic document through COOL, the document must first be
uploaded on COOL.
b) Digital
Signature Certificate. Uploading a document on COOL requires a valid State of Illinois
digital signature certificate.
c) Uploading
Hours. Electronic documents may be uploaded on COOL 24 hours per day, every
day.
d) E-Mail
Receipt. Uploading a document on COOL will generate an e-mail receipt for the
digital signature certificate holder. The receipt will verify the date and
time when the document was uploaded on COOL.
e) Time
of Filing. Subject to subsection (f), an electronic document uploaded on COOL
will be considered filed as of the date and time specified on the e-mail receipt
generated under subsection (d), except that:
1) A
document uploaded on a Saturday or Sunday, on a national or State legal
holiday, or after 4:30 p.m. on a weekday is considered filed the next business
day.
2) A
document uploaded without one or more portions of the filing (e.g., oversized
exhibit; trade secret or non-disclosable information; copyrighted document
proposed for incorporation by reference in a rule) or without a required oath,
affidavit, notarization, signature, or filing fee is considered filed on the
date that the Clerk receives the document's last missing item, except as
provided in subsection (e)(2)(A) or (e)(2)(B). If the Clerk receives the
document's last missing item by U.S. Mail or third-party commercial carrier
after the document's filing deadline date, the document will be considered
filed on:
A) The
date on which the document's last missing item was provided to the U.S. Postal
Service (see Section 101.300(b)(3)); or
B) The
date on which the document's last missing item was provided to the third-party
commercial carrier for delivery to the Clerk within three business days (see
Section 101.300(b)(3)).
3) A document consisting of multiple electronic files is
considered filed as of the date and time specified on the e-mail receipt
generated under subsection (d) for the last file uploaded to complete the
document.
f) Review by the Clerk. The Clerk will review electronically
each document uploaded on COOL, validate the proceeding information provided,
and accept or reject the document for filing.
1) If the Clerk accepts an uploaded document, the Clerk's Office
will e-mail a notice of acceptance to the digital signature certificate holder,
indicating that the filed document may be viewed on COOL.
2) If the Clerk rejects an uploaded document, the Clerk's Office
will e-mail a notice of rejection to the digital signature certificate holder.
The Clerk may reject an uploaded document because the document is prohibited
from being filed electronically under Section 101.302(h)(3) or (h)(4), the
document fails to comply with file size or naming requirements of Section
101.1030(c), or the document is corrupted or otherwise cannot be readily
opened. If an uploaded document is rejected by the Clerk, the Board may, upon
good cause shown, enter an order ruling the document filed as of the date and
time specified when the document was uploaded on COOL, subject to subsections
(e)(1) through (e)(3).
g) Technical Failure. If an electronic document is not uploaded,
or is materially delayed in uploading, on COOL due to a technical failure, the
Board may, upon good cause shown, enter an order ruling the document uploaded under
subsection (d) as of the date and time of the first attempted uploading.
"Technical failure" as used in this subsection is limited to a system
outage of COOL or other malfunction of the hardware, software, or
telecommunications facilities of the Board or the Board's electronic filing
provider. "Technical failure", therefore, does not include any
malfunction of the equipment used by the person authorizing the filing or the
digital signature certificate holder.
h) Clerk's Electronic Stamp. An electronic document uploaded on
COOL and accepted by the Clerk for filing will be endorsed by the Clerk with a
file stamp stating the date of filing. This file stamp will be merged with the
electronic document and visible when the document is viewed on COOL. Electronically
filed documents so endorsed have the same legal effect as paper documents file-
stamped by the Clerk conventionally under Section 101.300(b).
i) Decision
Deadlines. For Board decision deadlines, the decision period does not begin
until the date on which the electronic document constituting the initial filing
is considered filed under this Section.
j) Filing
Deadlines. The electronic filing of a document does not alter any applicable
filing deadlines.
(Source:
Amended at 43 Ill. Reg. 9674, effective August 22, 2019)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.1030 FORM OF ELECTRONIC DOCUMENTS FOR FILING
Section 101.1030 Form of Electronic Documents for Filing
a) In
addition to complying with the formatting requirements of Section 101.302(g)
and (j), electronic documents uploaded on COOL for filing must be in one of the
following electronic formats:
1) Adobe
Portable Document Format (PDF), version 2.0 or greater;
2) Microsoft Word for
Windows, version 6.0 or greater;
3) Corel WordPerfect for
Windows, version 6.0 or greater; or
4) Microsoft Excel for
Windows, version 4.0 or greater.
b) Generally,
electronic documents filed in compliance with this Subpart will be posted to
COOL by the Clerk's Office in text-searchable Adobe PDF. When practicable,
persons should:
1) Upload
their electronic documents on COOL in text-searchable Adobe PDF; and
2) Convert
their electronic documents to a text-searchable Adobe PDF directly from the
program used to create the document, rather than from a scanned image of the
paper document.
c) No single electronic file uploaded on COOL, whether constituting
all or part of an electronic document, may contain more than 10 megabytes (MB)
of data. To comply with this requirement, an electronic document may be
divided into parts and submitted as multiple electronic files, each file being
10 MB or less. The person authorizing the filing is responsible for dividing
the document into appropriately-sized files and naming each file to reflect its
place within the electronic document.
d) Multiple electronic documents, whether for the same proceeding
or different proceedings, must be uploaded separately on COOL and, therefore,
must not be combined into a single electronic file for filing through COOL.
e) Electronic documents may contain links to material external to
the filed document. However, links to external material are for convenience
purposes only. The external material behind the link is not considered part of
the filing or the record of the proceeding in which the document was filed.
f) All
documents uploaded on COOL must be free of viruses or other harmful processes.
If an electronic document containing a virus or other harmful process is
uploaded on COOL, the Board may, consistent with Section 101.800(b) and (c),
impose sanctions, including barring the document from being filed in any manner
and barring the person authorizing the filing or the digital signature
certificate holder from any further electronic filing through COOL.
g) Documents
filed under Section 101.302(h)(2) must:
1) Include
bookmarks, immediately viewable when the document is opened, to individual
documents in the same order as they appear in the corresponding Table of
Contents to facilitate navigation and location of specific contents within the
document; and
2) Have pagination
displayed on each document in the top right corner of each page.
(Source:
Amended at 43 Ill. Reg. 9674, effective August 22, 2019)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.1040 FILING FEES
Section 101.1040 Filing Fees
a) Filing
fees are specified in Section 101.302(e). The Clerk's Office imposes no
additional fee to file a document electronically.
b) A
person seeking to file an electronic document that requires a filing fee must either:
1) Pay
the fee with a valid credit card through COOL when the document is uploaded on
COOL; or
2) Deliver
payment to the Clerk's Office in the form of government voucher, money order,
or check made payable to the Illinois Pollution Control Board.
(Source: Amended at 41 Ill. Reg. 9930,
effective July 5, 2017)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.1050 DOCUMENTS REQUIRED IN PAPER OR EXCLUDED FROM ELECTRONIC FILING
Section 101.1050 Documents Required in Paper or Excluded
from Electronic Filing
a) A
document containing information claimed or determined to be a trade secret, or
other non-disclosable information under 35 Ill. Adm. Code 130, is prohibited
from being filed electronically and must instead be filed only in paper under
Section 101.302(h)(3). The version of the document that is redacted under 35
Ill. Adm. Code 130 must be filed through COOL.
b) If a
rulemaking proposal contains a document that is protected by copyright law (17
USC 101 et seq.) and proposed under Section 5-75 of the IAPA [5 ILCS 100/5-75]
to be incorporated by reference, that copyrighted document is prohibited from
being filed electronically and must instead be filed only in paper under
Section 101.302(h)(4). The remainder of the rulemaking proposal must be filed
through COOL.
(Source: Amended at 41 Ill. Reg. 9930,
effective July 5, 2017)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.1060 E-MAIL SERVICE
Section 101.1060 E-Mail Service
a) Except
as provided in subsections (b) and (c), a person required to serve a document
may serve the document by e-mail, in lieu of serving a paper document, if the
recipient has consented to e-mail service in the proceeding and has not revoked
the consent. (See Section 101.1070.)
1) A
person serving a document by e-mail must successfully transmit the document to
the recipient's primary e-mail address or any of the recipient's secondary
e-mail addresses. (See Section 101.1070(b).)
2) To
serve a document by e-mail, it is not necessary to electronically file the
document or to obtain a State of Illinois digital signature certificate.
b) Service
of enforcement complaints and EMSA statements of deficiency on a respondent
must be made personally, by U.S. Mail with a recipient's signature recorded, or
by a third-party commercial carrier with a recipient's signature recorded.
(See Section 101.304(c)(2).)
c) Service
of administrative citations must be made as required under 35 Ill. Adm. Code 108.
d) A
person required to serve a document on the hearing officer must serve the
hearing officer by sending the document to the hearing officer's e-mail address
in lieu of serving a paper document upon the hearing officer if the person has
the capability of serving the document by e-mail.
e) When
a document is served by e-mail, documentation of service must be filed with the
Clerk and served on all persons entitled to service in that proceeding. A
sample form of affidavit or certificate of e-mail service is available in
Appendix H. An affidavit or certificate of e-mail service must include the
following:
1) The
e-mail address of the recipient and the e-mail address of the person
authorizing the filing;
2) The number of pages in
the e-mail transmission;
3) A statement that the
document was served by e-mail; and
4) The
date of the e-mail transmission and the time by when it took place.
f) If
any computer malfunction precludes the e-mail service of a document, the person
authorizing the filing must promptly serve the document in paper under Section
101.304(c).
g) Except for a final adjudicatory order of the Board in an
enforcement proceeding under 35 Ill. Adm. Code 103, which the Clerk's Office
serves on the respondent or respondents in paper by certified mail, the Clerk's
Office will serve Board orders and hearing officer orders by e-mail, in lieu of
serving paper documents, if the recipient has consented to e-mail service in
the proceeding and has not revoked the consent. (See Section 101.1070.)
1) The Clerk will record the date and time of e-mail service,
consistent with subsection (e).
2) When serving a Board order or hearing officer order by e-mail,
the Clerk will transmit the order to all the recipient's e-mail addresses
designated under Section 101.1070(b), simultaneously requesting a delivery
receipt. If the Clerk receives no delivery receipt within 24 hours after
transmission, the Clerk will promptly serve the Board order or hearing officer
order in paper under Section 101.304(c).
(Source: Amended at 43 Ill. Reg. 9674,
effective August 22, 2019)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.1070 CONSENTING TO RECEIPT OF E-MAIL SERVICE
Section 101.1070 Consenting to Receipt of E-Mail Service
a) In
any proceeding, a person consents to e-mail service of documents in lieu of
receiving paper documents by:
1) Filing
a "Consent to Receipt of E-Mail Service" (see sample form of consent
in Appendix I);
2) Providing
the hearing officer, during a hearing or conference, with an e-mail address that
is designated for receiving service;
3) Filing
an attorney's appearance; or
4) Appearing
on a notice list or service list and providing the Clerk's Office with an
e-mail address that is designated for receiving service.
b) Any
person who consents to email service under subsection (a) must designate a
primary e-mail address for receiving service and may designate up to 2 secondary
e-mail addresses for receiving service.
c) At
any time during a proceeding, consent to e-mail service may be provided under
subsection (a). To accept e-mail service, it is not necessary to obtain a
State of Illinois digital signature certificate.
d) A
person's consent to receiving e-mail service may be revoked by that person at
any time during the proceeding upon the person's filing of a notice of the
revocation with the Clerk's Office. However, an attorney who filed an
appearance must not revoke consent unless the appearance is withdrawn.
e) Upon
a change in any primary or secondary e-mail address of a recipient of e-mail
service, the recipient must file a notice of the e-mail address change with the
Clerk's Office for each pending proceeding in which the person has consented to
e-mail service.
(Source: Amended at 43 Ill. Reg. 9674,
effective August 22, 2019)
Section 101.APPENDIX A Captions
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.APPENDIX A CAPTIONS
Section 101.APPENDIX A Captions
Section 101.ILLUSTRATION A Enforcement
Case
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF )
ILLINOIS, )
)
Complainant, )
)
v. ) PCB
xx-xxx
) (Enforcement-X)
W.R. JONES Co., )
)
Respondent. )
BOARD NOTE: The Board
notes that all docket numbers consist of letter(s) followed by two numbers.
The first two digit number is the fiscal year the matter was filed. Then the
second number is the sequential number for that type of filing the Board has
received that year. Persons making filings are not responsible for the Board
docket number on the original filing. The Clerk of the Board will assign the
appropriate docket number when the matter is filed. All filings in a matter
that has been assigned a docket number should contain a docket number located
as indicated on the examples above. The Board will also be designating its
opinion and orders with the type of case and media involved in the matter.
Where the above examples have the type of case proceeded by "X" the
Board will, for example if the case is dealing with a variance from certain
water regulations, put the media, water, after variance to become
"Variance-Water". Again, persons making filings need not place this
on original filings. However, all filings in a matter that has been assigned
the media should indicate that media in the location as in the above examples.
Where there are specific procedural rules developed for specific types of
cases, as in a "UST Appeal", persons making filings should follow
those examples.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.APPENDIX A CAPTIONS
Section 101.APPENDIX A
Captions
Section 101.ILLUSTRATION B Citizen's
Enforcement Case
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
JOHN DOE, )
)
Complainant, )
)
v. ) PCB
xx-xxx
) (Enforcement-X)
W.R. JONES Co., )
)
Respondent. )
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.APPENDIX A CAPTIONS
Section 101.APPENDIX A
Captions
Section 101.ILLUSTRATION C Variance
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
W. R. WATER CO., )
)
Petitioner, )
)
v. ) PCB
xx-xxx
) (Enforcement-X)
ILLINOIS ENVIRONEMNTAL )
PROTECTION AGENCY, )
)
Respondent. )
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.APPENDIX A CAPTIONS
Section 101.APPENDIX A
Captions
Section 101.ILLUSTRATION D Adjusted
Standard Petition
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF: )
)
PETITION OF
ABC COMPANY ) AS xx-xxx
FOR AN
ADJUSTED STANDARD ) (Adjusted Standard-X)
FROM 35 Ill.
Adm. Code XXX.XXX )
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.APPENDIX A CAPTIONS
Section 101.APPENDIX A
Captions
Section 101.ILLUSTRATION E
Joint Petition for an Adjusted Standard
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF: )
)
PETITION OF
ABC COMPANY AND ) AS xx-xxx
THE ILLINOIS
ENVIRONMENTAL ) (Adjusted Standard-X)
PROTECTION
AGENCY FOR )
ADJUSTED
STANDARD FROM )
35 Ill. Adm.
Code XXX.XXX )
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.APPENDIX A CAPTIONS
Section 101.APPENDIX A
Captions
Section 101.ILLUSTRATION F
Permit Appeal
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
GENERAL COMPANY, )
)
Petitioner, )
)
v. ) PCB
xx-xxx
) (Permit
Appeal-X)
ILLINOIS ENVIRONEMNTAL )
PROTECTION AGENCY, )
)
Respondent. )
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.APPENDIX A CAPTIONS
Section 101.APPENDIX A
Captions
Section 101.ILLUSTRATION G
Underground Storage Tank Appeal
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
GENERAL COMPANY, )
)
Petitioner, )
)
v. ) PCB
xx-xxx
) (UST
Fund Appeal)
ILLINOIS ENVIRONMENTAL )
PROTECTION AGENCY, )
)
Respondent. )
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
GENERAL COMPANY, )
)
Petitioner, )
)
v. ) PCB
xx-xxx
) (UST
Appeal)
OFFICE OF THE STATE )
FIRE MARSHAL, )
)
Respondent. )
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.APPENDIX A CAPTIONS
Section 101.APPENDIX A
Captions
Section 101.ILLUSTRATION H
Pollution Control Facility Siting Appeal
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
GENERAL COMPANY, )
)
Petitioner, )
)
v. ) PCB
xx-xxx
) (Pollution
Control Facility Siting Appeal)
XXX COUNTY AND ABC DISPOSAL )
COMPANY, )
)
Respondents. )
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
ABC DISPOSAL COMPANY, )
)
Petitioner, )
)
v. ) PCB
xx-xxx
) (Pollution
Control Facility Siting Appeal)
XXX COUNTY )
)
Respondent. )
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.APPENDIX A CAPTIONS
Section 101.APPENDIX A
Captions
Section 101.ILLUSTRATION I
Administrative Citation
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
COUNTY OF COOK, )
)
Complainant, )
)
v. ) AC
xx-xxx
) IEPA
or County Number
ABC DISPOSAL AND ) (Administrative
Citation)
RECYCLING, INC., )
)
Respondent. )
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.APPENDIX A CAPTIONS
Section 101.APPENDIX A
Captions
Section 101.ILLUSTRATION J Administrative
Citation Under Section 23.1 of the Public Water Supply Operations Act
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
ILLINOIS ENVIRONMENTAL )
PROTECTION AGENCY, )
)
Complainant, )
)
v. ) AC
xx-xxx
) IEPA
Number
JOHN SMITH, ) (Administrative
Citation)
)
Respondent. )
(Source: Former Illustration J
renumbered to Illustration K and new Illustration J added at 39 Ill. Reg. 12848,
effective September 8, 2015)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.APPENDIX A CAPTIONS
Section
101.APPENDIX A Captions
Section
101.ILLUSTRATION K General Rulemaking
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF: )
)
REVISION OF THE
FLUORIDE ) Rxx-xxx
DRINKING WATER
STANDARD: ) (Rulemaking-X)
PROPOSED
AMENDMENTS TO )
35 Ill. Adm. Code
XXX.XXX )
(Source: Illustration K renumbered from Illustration J
at 39 Ill. Reg. 12848, effective September 8, 2015)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.APPENDIX A CAPTIONS
Section
101.APPENDIX A Captions
Section
101.ILLUSTRATION L Site‑specific Rulemaking
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF: )
)
PROPOSED SITE
SPECIFIC WATER ) Rxx-xxx
POLLUTION
REGULATIONS ) (Site‑Specific Rulemaking-X)
APPLICABLE TO XYZ )
UTILITIES COMPANY
OF ILLINOIS )
DISCHARGE TO XYZ
CREEK: )
35 Ill. Adm. Code )
BOARD NOTE: The
Board notes that all docket numbers consist of letter(s) followed by two
numbers. The first two digit number is the fiscal year the matter was filed.
Then the second number is the sequential number for that type of filing the
Board has received that year. Persons making filings are not responsible for
the Board docket number on the original filing. The Clerk of the Board will
assign the appropriate docket number when the matter is filed. All filings in
a matter that has been assigned a docket number must contain a docket number
located as indicated on the examples above. The Board will also be designating
its opinion and orders with the type of case and media involved in the matter.
Where the above examples have the type of case followed by "X", the
Board will, for example if the case is dealing with a variance from certain
water regulations, put the media, water, after variance to become
"Variance-Water". Again, persons making filings need not place this
on original filings. However, all filings in a matter that has been assigned
the media must indicate that media in the location as in the above examples.
Where there are specific procedural rules developed for specific types of
cases, as in a "UST Appeal", persons making filings must follow those
examples.
(Source: Amended at 41 Ill. Reg. 9930, effective July
5, 2017)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.APPENDIX B APPEARANCE FORM
Section 101.APPENDIX B Appearance
Form
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
)
Applicable Caption )
(see Appendix A) ) docket
number
)
APPEARANCE
I hereby file
my appearance in this proceeding, on behalf of ABC Company.
Name of Attorney and Firm
Address
Telephone Number
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.APPENDIX C WITHDRAWAL OF APPEARANCE FORM
Section 101.APPENDIX C Withdrawal
of Appearance Form
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
)
Applicable Caption )
(see Appendix A) ) docket
number
)
NOTICE
OF WITHDRAWAL OF APPEARANCE
I hereby give
notice of withdrawal of my appearance as representative of ABC Company in this
proceeding.
Name of Attorney and Firm
Address
Telephone Number
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.APPENDIX D NOTICE OF FILING
Section 101.APPENDIX D Notice
of Filing
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
)
Applicable Caption )
(see Appendix A) ) docket
number
)
NOTICE
OF FILING
To: (List all persons
served.)
PLEASE TAKE NOTICE that I have
today filed with the Office of the Clerk of the Pollution Control Board the
[specify what document was filed] of [name of persons filing the document], a
copy of which is herewith served upon you.
|
|
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Name
of Attorney or Other Representative
|
Date
Name
Address
Telephone Number
Section 101.APPENDIX E Affidavit or Certificate of Service
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.APPENDIX E AFFIDAVIT OR CERTIFICATE OF SERVICE
Section 101.APPENDIX E Affidavit
or Certificate of Service
Section 101.ILLUSTRATION A Service
by Non-Attorney
AFFIDAVIT
OF SERVICE
I, the undersigned, on oath [or
affirmation] state that I have served on the date of ____________, the attached
[describe document served] upon the following persons by [describe method of
service, e.g., depositing the document in a U.S. Postal Service mailbox or
delivering the document to a third-party commercial carrier], by the time of
____________, with proper postage or delivery charges prepaid:
[list persons served and the respective addresses at which
they were served]
[signature]
Notary Seal
|
SUBSCRIBED
AND SWORN TO BEFORE ME this
|
|
day of
|
|
, 20
|
|
.
|
(Source:
Amended at 39 Ill. Reg. 12848, effective September 8, 2015)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.APPENDIX E AFFIDAVIT OR CERTIFICATE OF SERVICE
Section 101.APPENDIX E Affidavit or Certificate of Service
Section 101.ILLUSTRATION B Service
by Attorney
CERTIFICATE
OF SERVICE
I, the undersigned, certify that
I have served on the date of ____________ the attached [describe document served]
upon the following persons by [describe method of service, e.g., depositing the
document in a U.S. Postal Service mailbox or delivering the document to a
third-party commercial carrier], by the time of ____________, with proper
postage or delivery charges prepaid:
[list persons served and the
respective addresses at which they were served]
[signature]
[date]
(Source: Amended at 39 Ill. Reg. 12848,
effective __________)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SECTION 101.APPENDIX F NOTICE OF WITHDRAWAL (REPEALED)
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