Ill. Admin. Code tit. 35 § 104.555

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

Section 104.555 - Hearing

a) The Board will hold a public hearing on the petition.

b) Hearing Notice

1) The hearing officer will schedule the hearing and give the petitioner, participants, and persons on the notice list (see Section 104.520(b)(4)) at least 45 days' written notice of a hearing.

2) The Clerk will publicize notice, both on the Board's website and in a newspaper of general circulation in the county where the facility or pollution source is located, at least 45 days prior to the hearing.

3) The notice will identify the matters to be discussed at the hearing and will include information on the availability of relevant materials and procedures for obtaining further information.

4) For a watershed, water body, or waterbody segment TLWQS, the notice will include the Board hearing officer's contact information and a link to a website where supporting documentation can be found concerning any cost-effective and reasonable BMPs for nonpoint source controls that the petition or amended petition identifies and that could be implemented to make progress towards attaining the underlying designated use and criterion.

c) The Board will make the following available to the public at least 30 days before the hearing:

1) reports, documents, and data relevant to the discussion at the public hearing;

2) the Agency recommendation; and

3) for watershed, water body, and waterbody segment TLWQS petitions, any proposed BMPs for nonpoint source controls.

d) Except as otherwise provided in this Section, the hearings will be conducted under 35 Ill. Adm. Code 101.Subpart F.

e) The hearing officer will schedule witnesses in advance to ensure maximum participation and allotment of adequate time. The hearing officer will reserve some time for unscheduled testimony and may consider reserving blocks of time for major categories of witnesses.

f) During the hearing, the hearing officer will inform the audience of the issues involved in the decision to be made, the considerations the Board will take into account, and the information that is particularly solicited from the public.

g) Public comments must be filed within 21 days after the hearing transcript is available unless the hearing officer specifies a different date. Any person may file written comments in a TLWQS proceeding.

h) The Agency must file any comments it receives from USEPA.

i) The Agency must notify USEPA of the hearing transcript's availability and of the comment deadline.

Ill. Admin. Code tit. 35, § 104.555

Added at 42 Ill. Reg. 7922, effective 4/27/2018