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.  Parties in Board adjudicatory proceedings are responsible for service of all documents they file with the Clerk's Office.  Proof of service of initial filings must be filed with the Board upon completion of service.

c)         Method of Service.  Service may be effectuated by U.S. Mail or other mail delivery service, in person, by messenger, or as prescribed in Section 101.302(d), except for service of enforcement complaints and administrative citations which must be made personally, by registered or certified mail, or by messenger service.  Proof of service of enforcement complaints and administrative citations must be filed with the Board upon completion of service.

d)         Affidavit or Certificate of Service.  A proceeding is subject to dismissal, and parties are subject to sanctions in accordance with Section 101.800 of this Part, if service is not timely made.  Proof of proper service is the responsibility of the party filing and serving the document.  An affidavit of service or certificate of service must accompany all filings of all parties.  A sample form of the affidavit of service and certificate of service is available at the Board's Offices (the locations of the Board's Offices are listed at 2 Ill. Adm. Code 2175.115) and may be obtained electronically at the Board's Web site.

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 accordance with this Section.

f)          Service of Comments of Participants in an Adjudicatory Proceeding. Participants are required to serve their 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 State Agencies.  Service must be at the addresses listed below unless a specific person has an appearance on file with the Board.

1)         Service on the Illinois Environmental Protection Agency (Agency).  The Agency must be served at the following address:

Division of Legal Counsel

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P.O. Box 19276

Springfield IL  62794-9276

2)         Service on Office of State Fire Marshal (OSFM).  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

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). 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).  USEPA Region V must be served at:

USEPA, Region V

77 West Jackson

Chicago IL 60604

(Source:  Amended at 34 Ill. Reg. 19566, effective December 3, 2010)