Illinois Administrative Code
Title 35 - ENVIRONMENTAL PROTECTION
Part 105 - APPEALS OF FINAL DECISIONS OF STATE AGENCIES
Subpart A - GENERAL PROVISIONS
Section 105.112 - Burden of Proof
Universal Citation: 35 IL Admin Code ยง 105.112
Current through Register Vol. 48, No. 38, September 20, 2024
Unless this Part provides otherwise:
a) The burden of proof shall be on the petitioner except as provided in subsection (b). [415 ILCS 5/40(a)(1), 40(b) and (e)(3), 40.2(a), and 40.3(a)(2) ]
b) The burden of proof is on the Agency if the Agency issues an NPDES permit that imposes limits which are based upon a criterion or denies a permit based upon application of a criterion, then the Agency shall have the burden of going forward with the basis for the derivation of those limits or criterion which were derived under the Board's rules. [415 ILCS 5/40(a)(1)]
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