Current through Register Vol. 48, No. 38, September 20, 2024
a)
This Section contains the Board's general filing requirements. Additional
requirements may exist for specific proceedings elsewhere in the Board's
procedural rules (see 35 Ill. Adm. Code 101 through 130). The Clerk will refuse
for filing any document that does not comply with the minimum requirements of
this Section.
b) All documents to
be filed with the Board must be filed with the Clerk.
1) If allowed by the Board, the hearing
officer, the Clerk, or the procedural rules to be filed in paper under
subsection (h), documents must be filed at the following address:
Pollution Control Board, Attn: Clerk
100 West Randolph Street
James R. Thompson Center, Suite 11-500
Chicago, Illinois 60601-3218
2) All documents filed with the Clerk must
provide the name and signature of the person seeking to file the document and
identify the name of the person on whose behalf the document is being filed. If
a paper document is submitted for filing, the original must bear the original
pen-and-ink signature of the person seeking to file the document. Signatures
for electronic filings through COOL are addressed in Section
101.1010.
3) Each document being filed with the Clerk
must be accompanied by a notice of filing (see Appendix D) and documentation of
service (see Section
101.304(d)
).
4) The date on which a document
is considered to have been filed is determined under Section
101.300(b).
5) Serving a document upon a hearing officer
does not qualify as filing it with the Clerk unless the document is submitted
to the hearing officer during a hearing.
c) Electronic documents may be filed through
COOL under Subpart J. Paper documents may be filed with the Clerk by U.S. Mail,
in person, or by third-party commercial carrier.
d) A filing by e-mail or facsimile will only
be allowed with the prior approval of the Clerk of the Board or the hearing
officer assigned to the proceeding. Any prior approval by the Clerk or hearing
officer applies only to the specified filing.
e) The initial filings listed in this
subsection require filing fees and will only be considered filed when
accompanied by the appropriate fee. The fee may be paid in the form of
government voucher, money order, or check made payable to the Illinois
Pollution Control Board, or electronically through COOL with a valid credit
card, but cannot be paid in cash.
1) Petition
for Site-Specific Regulation, $75;
2) Petition for Variance, $75;
3) Petition for Review of Agency Permit
Decision, UST Decision, or any other appeal filed under Section 40 or 40.3 of
the Act, $75;
4) Petition to Review
Pollution Control Facility Siting Decisions, under Section 40.1 of the Act,
$75;
5) Petition for Adjusted
Standard, under Section 28.1 of the Act, $75; and
6) Petition for TLWQS, under Section 38.5,
$75.
f) For each
document filed with the Clerk, the filing party must serve a copy of the
document upon the other parties and, if a hearing officer has been assigned,
upon the hearing officer in compliance with Section 101.304.
g) All documents filed with the Board must
contain the relevant proceeding caption and docket number. All documents must
be submitted on or formatted to print on 81/2 x 11 inch paper, except as
provided in subsection (j). Paper documents must be submitted on recycled paper
as defined in Subpart B, and double sided. All pages in a document must be
sequentially numbered. All documents created by word processing programs must
be formatted as follows:
1) The margins must
each be a minimum one inch on the top, bottom, and both sides of the page;
and
2) The size of the type in the
body of the text must be at least 12-point font, and in footnotes at least
10-point font.
h) Unless
the Board, the hearing officer, the Clerk, or the procedural rules provide
otherwise, all documents must be filed through COOL electronically.
1) If a document is filed in paper, the
original and two copies of the document (three total) are required. If a
document is filed through COOL in compliance with Subpart J, no paper original
or copy of the document is required.
2) The following documents must be filed
through COOL or on compact disk or other portable electronic data storage
device, comply with Section
101.1030(g),
and, to the extent technically feasible, be in text-searchable Adobe PDF:
A) The Agency record required by 35 Ill. Adm.
Code
105.212,
105.302,
105.410, or 105.612
or 35 Ill. Adm. Code
125.208 (see 35
Ill. Adm. Code
105.116);
B) The OSFM record required by 35 Ill. Adm.
Code
105.508
(see 35 Ill. Adm. Code 105.116);
C)
The local siting authority record required by 35 Ill. Adm. Code
107.302 (see
35 Ill. Adm. Code
107.304);
and
D) A petition filed under 35
Ill. Adm. Code 104 or 35 Ill. Adm. Code 106 (see 35 Ill. Adm. Code
104.106
and 35 Ill. Adm. Code
106.106
).
3) A document
containing information claimed or determined to be a trade secret, or other
non-disclosable information under 35 Ill. Adm. Code 130, is prohibited from
being filed electronically and must instead be filed only in paper. The version
of the document that is redacted under 35 Ill. Adm. Code 130 must be filed
through COOL.
4) When filing a
rulemaking proposal, if any document protected by copyright law (17 USC
101 et seq.) is proposed under Section 5-75
of the IAPA [5 ILCS
100/5-75] to be incorporated by reference, the
copyrighted document is prohibited from being filed electronically, but the
remainder of the rulemaking proposal must be filed through COOL. In addition,
the rulemaking proponent must:
A) File a
paper original of the copyrighted document. The rulemaking proposal also must
include:
i) The copyright owner's written
authorization for the Board to make, at no charge to the Board, no more than a
total of two paper copies of the copyrighted document if the Board is required
by State law to furnish a copy to JCAR, a court, or a member of the public
during or after the rulemaking; or
ii) The proponent's representation that it
will, at its own expense, promptly acquire and deliver to the Clerk's Office no
more than a total of two paper originals of the copyrighted document if the
Clerk's Office notifies the proponent in writing that the Board is required by
State law to furnish a copy to JCAR, a court, or a member of the public during
or after the rulemaking; or
B) File a license or similar documentation of
access that, at no charge to the Board, gives the Board the rights, during and
after the rulemaking, to do the following: electronically access the
copyrighted document from the sole designated computer at the Board's Chicago
office; print a single copy of the copyrighted document to maintain at the
Board's Chicago office; and print no more than a total of two copies of the
copyrighted document if the Board is required by State law to furnish a copy to
JCAR, a court, or a member of the public.
i) No written discovery, including
interrogatories, requests to produce, and requests for admission, or any
response to written discovery, may be filed with the Clerk of the Board except
with permission or direction of the Board or hearing officer. Any discovery
request under these rules to any nonparty must be filed with the Clerk of the
Board in compliance with subsection (h).
j) Oversized Exhibits. When practicable,
oversized exhibits must be reduced to conform to or be formatted to print on
81/2 x 11-inch paper for filing with the Clerk's Office. However, even when an
oversized exhibit is so reduced or formatted, the original oversized exhibit
still must be filed with the Clerk's Office. In compliance with 2 Ill. Adm.
Code
2175.300,
the original oversized exhibit may be returned to the person who filed
it.
k) Page Limitation. No motion,
brief in support of a motion, or brief may exceed 50 pages, and no amicus
curiae brief may exceed 20 pages, without prior approval of the Board or
hearing officer. These limits do not include appendices containing relevant
material; however, materials that may be readily available to the Board, such
as prior Board opinions and orders, federal regulations, and statutes, need not
be included in appendices.
l)
Documents filed that do not comply with 35 Ill. Adm. Code. Subtitle A may be
rejected by the Clerk or the hearing officer. Any rejection of a filing will
include a description of the Board's rules that have not been met.
