Ill. Admin. Code tit. 35 § 103.410

Current through Register Vol. 48, No. 49, December 6, 2024

Section 103.410 - Contents of Public Notice

a) In addition to serving all parties, the Agency must serve a copy of any partial draft permit on USEPA in accordance with 35 Ill. Adm. Code 101.304(c).

b) In addition to the requirements of the Act and Section 103.210, the Agency must, at a minimum, give notice of the filing of a partial draft permit to the following persons:

1) Federal agencies as designated by USEPA;

2) Illinois Department of Transportation;

3) DNR;

4) Illinois Department of Public Health;

5) The Governor of any other state adjacent to the county in which the facility is located; and

6) Elected officials of any counties, in other states, adjacent to the county in which the facility is located, and elected officials in any municipality, in another state, if it is the population center that is closest to the facility.

c) The Agency must give notice by broadcast over at least one radio station in the area of the facility containing the information required by subsections (d)(2), (d)(4) and (d)(6) through (d)(8).

d) A notice of a partial draft permit must include the following information:

1) The addresses of the Board offices and the Board website;

2) Name and address of the respondent and, if different, of the facility subject to the enforcement proceeding;

3) A brief description of the business conducted at the facility and the activity that is the subject of the enforcement proceeding;

4) A statement of the violations the Board has found or has proposed to find;

5) A statement that the Agency has filed a partial draft permit;

6) Name, address, e-mail address, and telephone number of the Clerk, from whom interested persons may obtain further information, including copies of the partial draft permit or stipulated remedy;

7) A notice of a hearing, the address of the Board, a statement that a hearing will be held and that the record will remain open for 45 days after the filing of the partial draft or stipulated remedy for written comments;

8) A statement that the record in the proceeding is available to be inspected at the Board office and may also be available through the Clerk's Office On-Line (COOL), located on the Board website, except those portions of the record that are claimed or determined to be trade secrets or other non-disclosable information, and that procedures are available whereby disclosure may be sought by the public in accordance with 35 Ill. Adm. Code 130;

9) A statement that enforcement proceedings are considered under 415 ILCS 5/30-34; and

10) Any additional information considered necessary or proper.

Ill. Admin. Code tit. 35, § 103.410

Amended at 39 Ill. Reg. 2349, effective 1/27/2015

Amended at 40 Ill. Reg. 7966, effective 5/20/2016

Amended at 41 Ill. Reg. 10032, effective 7/5/2017