Current through Register Vol. 48, No. 38, September 20, 2024
a) A
TLWQS may be sought for multiple uses and multiple parameters by:
1) persons who file with the Board a petition
for a TLWQS under Section 38.5 of the Act; and
2) persons who had a pending petition on
February 24, 2017 for a variance from a water quality standard under Section 35
of the Act converted into a petition for a TLWQS under Section 38.5 of the
Act.
b) Participants
1) Petitioner
A) For a single discharger TLWQS, the person
seeking the TLWQS will be designated as the petitioner.
B) For a multiple discharger, watershed,
water body, or waterbody segment TLWQS, a discharger or a group of dischargers
seeking the TLWQS may act individually or collectively as a single petitioner
when filing a TLWQS petition before the Board if they can meet the
demonstration requirements under Section 104.560.
C) For a multiple discharger, watershed,
water body, or waterbody segment TLWQS, a petitioner may decide at any time to
withdraw from a collectively filed petition, and may then file its own
individual TLWQS petition, join or rejoin a previously filed collective TLWQS
petition. A petitioner's decision to withdraw from, join or rejoin a previously
filed TLWQS petition does not invalidate an otherwise valid stay granted under
Section 104.525. A stay will not continue if a petitioner withdraws its
petition and does not file an individual petition or join or rejoin a
previously filed collective petition by the deadline set by the
Board.
2) The Agency
will be a participant.
3) Any
person may become a participant in the TLWQS proceeding.
4) The Board will develop and maintain a
notice list of persons and organizations that have expressed an interest in, or
may, by the nature of their purposes, activities or members, be affected by,
any covered activity. The Board will include in the notice list all dischargers
or classes of dischargers identified by the Agency under Section
104.535(b)(1).
c) Filing
and Service. Unless otherwise provided by this Subpart, all documents must be
served and filed in compliance with 35 Ill. Adm. Code 101.Subpart C.
BOARD NOTE 1: The Board encourages persons addressing the
same pollutants in the same water body, waterbody segment or watershed to join
in filing a joint petition whenever possible, collectively making the
demonstration outlined in Section 104.555. When multiple petitions addressing
the same pollutants in the same water body, waterbody segment or watershed are
filed separately, the Board may consolidate the petitions under 35 Ill. Adm.
Code
101.406.
The Board may also incorporate materials and evidence filed in support of one
petition as evidence in support of a petition addressing similar issues. (See
35 Ill. Adm. Code
101.306.)
BOARD NOTE 2: Lack of action by one or more dischargers will
not affect the ability of the Board to consider or act on a TLWQS petition
filed before the Board.
