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415 ILCS 5/27
(415 ILCS 5/27)
(from Ch. 111 1/2, par. 1027)
(a) The Board may adopt substantive regulations as
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
Economic Opportunity conduct a study of the economic impact of the proposed rules. The Department may within 30 to 45 days of such request produce a study of the economic impact of the proposed rules. At a minimum, the economic impact study shall address (A) economic, environmental, and public health benefits that may be achieved through compliance with the proposed rules, (B) the effects of the proposed rules on employment levels, commercial productivity, the economic growth of small businesses with 100 or less employees, and the State's overall economy, and (C) the cost per unit of pollution reduced and the variability in cost based on the size of the facility and the percentage of company revenues expected to be used to implement the proposed rules; and
(2) conduct at least one public hearing on the
economic impact of those new rules. At least 20 days before the hearing, the Board shall notify the public of the hearing and make the economic impact study, or the Department of Commerce and Economic Opportunity's explanation for not producing an economic impact study, available to the public. Such public hearing may be held simultaneously or as a part of any Board hearing considering such new rules.
In adopting any such new rule, the Board shall, in its
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.)