(415 ILCS 5/25d-9) Sec. 25d-9. Admissibility. The Agency's giving of notice or failure to give notice under Section 25d-3 of this Title shall not be admissible for any purpose in any administrative or judicial proceeding.
(Source: P.A. 94-314, eff. 7-25-05.) |
(415 ILCS 5/25d-10)
Sec. 25d-10. Avoiding duplication. The Agency shall take whatever steps it deems necessary to eliminate the potential for duplicative notices required by this Title and Section 9.1 of the Illinois Groundwater Protection Act.
(Source: P.A. 94-314, eff. 7-25-05.) |
(415 ILCS 5/Tit. VII heading) TITLE VII:
REGULATIONS
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(415 ILCS 5/26) (from Ch. 111 1/2, par. 1026)
Sec. 26.
The Board may adopt such procedural rules as may be necessary to
accomplish the purposes of this Act. In adopting such rules the Board
shall follow the rulemaking procedures of the Illinois Administrative Procedure Act.
Without limiting the generality of this grant of authority, and
notwithstanding any requirement that hearings be held in actions brought
pursuant to Titles VIII and X of the Act, the Board may adopt procedural
rules for resolution of such actions by summary judgment prior to hearing
upon motion by either party except as otherwise required by federal law, as
well as procedural rules requiring the parties to perfect their pleadings
to conform to the evidence as presented to the Board.
(Source: P.A. 85-1048.)
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(415 ILCS 5/27) (from Ch. 111 1/2, par. 1027)
Sec. 27. Rulemaking.
(a) The Board may adopt substantive regulations as
described
in this Act. Any such regulations may make different provisions as required by
circumstances for different contaminant sources and for different geographical
areas; may apply to sources outside this State causing, contributing to, or
threatening environmental damage in Illinois; may make special provision for
alert and abatement standards and procedures respecting occurrences or
emergencies of pollution or on other short-term conditions constituting an
acute danger to health or to the environment; and may include regulations
specific to individual persons or sites. In promulgating regulations under
this Act, the Board shall take into account the existing physical conditions,
the character of the area involved, including the character of surrounding land
uses, zoning classifications, the nature of the existing air quality, or
receiving body of water, as the case may be, and the technical feasibility and
economic reasonableness of measuring or reducing the particular type of
pollution. The generality of this grant of authority shall only be limited by
the specifications of particular classes of regulations elsewhere in this Act.
No charge shall be established or assessed by the Board or Agency
against any person for emission of air contaminants from any source, for
discharge of water contaminants from any source, or for the sale, offer or
use of any article.
Any person filing with the Board a written proposal for the adoption,
amendment, or repeal of regulations shall provide information supporting
the requested change and shall at the same time file a copy of such
proposal with the Agency and the Department of Natural Resources. To aid
the Board and to assist the public in determining which facilities will be
affected, the person filing a proposal shall describe, to the extent reasonably
practicable, the universe of affected sources and facilities and the economic
impact of the proposed rule.
(b) Except as provided below and in Section 28.2, before the adoption of any
proposed rules not relating to administrative procedures within the Agency or
the Board, or amendment to existing rules not
relating to administrative procedures within the Agency or the Board, the Board shall:
(1) request that the Department of Commerce and | ||
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(2) conduct at least one public hearing on the | ||
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In adopting any such new rule, the Board shall, in its
written opinion,
make a determination, based upon the evidence in the public hearing record,
including but not limited to the economic impact study, as
to whether the proposed rule has any adverse economic
impact on the
people of the State of Illinois.
(c) On proclamation by the Governor, pursuant to Section 8 of the Illinois
Emergency Services and Disaster Act of 1975, that a disaster
emergency exists, or when the Board finds that a severe public health
emergency exists, the Board may, in relation to any proposed regulation,
order that such regulation shall take effect without delay and the Board
shall proceed with the hearings and studies required by this Section
while the regulation continues in effect.
When the Board finds that a situation exists which reasonably constitutes
a threat to the public interest, safety or welfare, the Board may adopt
regulations pursuant to and in accordance with Section 5-45 of the
Illinois Administrative Procedure Act.
(d) To the extent consistent with any deadline for adoption of any
regulations mandated by State or federal law, prior to initiating any
hearing on a regulatory proposal, the Board may assign a qualified hearing
officer who may schedule a prehearing conference between the proponents
and any or all of the potentially affected persons. The notice
requirements of Section 28 shall not apply to such prehearing conferences.
The purposes of such conference shall be to maximize understanding of the
intent and application of the proposal, to reach agreement on aspects of the
proposal, if possible, and to attempt to identify and limit the issues of
disagreement among the participants to promote efficient use of time at
hearing. No record need be kept of the prehearing conference, nor shall any
participant or the Board be bound by any discussions conducted at the
prehearing conference. However, with the consent of all participants in the
prehearing conference, a prehearing order delineating issues to be heard,
agreed facts, and other matters may be entered by the hearing officer. Such an
order will not be binding on nonparticipants in the prehearing conference.
(Source: P.A. 94-793, eff. 5-19-06.)
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(415 ILCS 5/28) (from Ch. 111 1/2, par. 1028)
Sec. 28.
Proposal of regulations; procedure.
(a) Any person may present written proposals for the adoption, amendment,
or repeal of the Board's regulations, and the Board may make such proposals
on its own motion. If the Board finds that any such proposal is supported by
an adequate statement of reasons, is accompanied by a petition signed by at
least 200 persons, is not plainly devoid of merit and does not deal with a
subject on which a hearing has been held within the preceding 6 months, the
Board shall schedule a public hearing for consideration of the proposal. If
such proposal is made by the Agency or by the Department, the Board shall
schedule a public hearing without regard to the above conditions.
The Board may hold one or more hearings to consider both the merits and
the economics of the proposal. The Board may also in its discretion schedule a
public hearing upon any proposal without regard to the above conditions.
No substantive regulation shall be adopted, amended, or repealed until
after a public hearing within the area of the State concerned. In the case
of state-wide regulations hearings shall be held in at least two areas. At
least 20 days prior to the scheduled date of the hearing the Board shall
give notice of such hearing by public advertisement in a newspaper of
general circulation in the area of the state concerned of the date, time,
place and purpose of such hearing; give written notice to any person in the
area concerned who has in writing requested notice of public hearings; and
make available to any person upon request copies of the proposed regulations,
together with summaries of the reasons supporting their adoption.
Any public hearing relating to the adoption, amendment, or repeal of
Board regulations under this subsection shall be held before a qualified
hearing officer, who shall be attended by at least one member of the Board,
designated by the Chairman. All such hearings shall be open to the public,
and reasonable opportunity to be heard with respect to the subject of the
hearing shall be afforded to any person. All testimony taken before the
Board shall be recorded stenographically. The transcript so recorded, and
any written submissions to the Board in relation to such hearings, shall be
open to public inspection, and copies thereof shall be made available to
any person upon payment of the actual cost of reproducing the original.
After such hearing the Board may revise the proposed regulations before
adoption in response to suggestions made at the hearing, without conducting
a further hearing on the revisions.
In addition, the Board may revise the proposed regulations after
hearing in response to objections or suggestions made by the Joint
Committee on Administrative Rules pursuant to subsection (b) of Section
5-40 and subsection (a) of Section 5-110 of the Illinois Administrative
Procedure Act, where the Board finds (1) that such objections or
suggestions relate to the statutory authority upon which the regulation is
based, whether the regulation is in proper form, or whether adequate notice
was given, and (2) that the record before the Board is sufficient to
support such a change without further hearing.
Any person heard or represented at a hearing or requesting notice shall
be given written notice of the action of the Board with respect to the
subject thereof.
No rule or regulation, or amendment or repeal thereof, shall become
effective until a certified copy thereof has been filed with the Secretary
of State, and thereafter as provided in the Illinois Administrative Procedure
Act as amended.
Any person who files a petition for adoption of a regulation specific to
that person shall pay a filing fee.
(b) The Board shall not, on its own motion, propose regulations pursuant to
subsection (a) of this Section or Sections 28.2, 28.4 or 28.5 of this Act
to implement the provisions required by or related to the Clean Air Act
Amendments of 1990, as now or hereafter amended. However, nothing herein shall
preclude the Board from, on its own motion:
(1) making technical corrections to adopted rules | ||
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(2) modifying a proposed rule following receipt of | ||
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(3) initiating procedural rulemaking in accordance | ||
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(4) initiating rulemaking necessitated by a court | ||
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(Source: P.A. 87-860; 87-1213; 88-45.)
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