Illinois Administrative Code
Title 35 - ENVIRONMENTAL PROTECTION
Part 104 - REGULATORY RELIEF MECHANISMS
Subpart D - ADJUSTED STANDARDS
Section 104.426 - Burden of Proof
Universal Citation: 35 IL Admin Code ยง 104.426
Current through Register Vol. 48, No. 38, September 20, 2024
The burden of proof in an adjusted standard proceeding is on the petitioner.
a) If the regulation of general applicability does not specify a level of justification required of a petitioner to qualify for an adjusted standard, the Board may grant individual adjusted standards whenever the Board determines, upon adequate proof by petitioner, that:
1)
factors relating to that
petitioner are substantially and significantly different from the factors
relied upon by the Board in adopting the general regulation applicable to that
petitioner;
2)
the
existence of those factors justifies an adjusted standard;
3)
the requested standard will not
result in environmental or health effects substantially and significantly more
adverse than the effects considered by the Board in adopting the rule of
general applicability; and
4)
the adjusted standard is
consistent with any applicable federal law. [
415 ILCS
5/28.1(c)]
b) If the regulation of general applicability specifies a level of justification for an adjusted standard, the Board may adopt the proposed adjusted standard, if the petitioner proves the level of justification specified by the regulation of general applicability.
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