Illinois Administrative Code
Title 35 - ENVIRONMENTAL PROTECTION
Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS
Subpart G - INVOLUNTARY TERMINATION OF ENVIRONMENTAL MANAGEMENT SYSTEM AGREEMENTS (EMSAs)
Section 106.710 - Notice of Hearing

Universal Citation: 35 IL Admin Code ยง 106.710

Current through Register Vol. 48, No. 12, March 22, 2024

a) Upon the filing of a statement of deficiency, a hearing officer will be designated and the Clerk will notify the parties of the designation. Any hearing will be held not later than 60 days after the respondent files the answer, subject to any extensions ordered under subsection (b).

b) The hearing officer, after reasonable efforts to consult with the parties, will set a time and place for hearing. The Board or the hearing officer may extend the time for hearing if all parties agree or there are extreme and unanticipated or uncontrollable circumstances that warrant a delay. The Board or the hearing officer may delay the hearing more than once. In each event, the Board or the hearing officer will not delay the hearing for more than 30 days.

c) The hearing will be held under 35 Ill. Adm. Code 101. Subpart F, including any hearing held by video conference (see 35 Ill. Adm. Code 101.600(b) ).

d) After the hearing officer schedules the hearing, the Clerk will give notice of hearing in accordance with 35 Ill. Adm. Code 101.

e) The Agency must give notice of each statement of deficiency and hearing under Section 106.708(b) at least 10 days before the hearing to:

1) All stakeholders named or listed in the EMSA; and

2) Any person who submitted written comments on the respondent's EMSA or participated in the public hearing on the respondent's EMSA by signing an attendance sheet or signature card under the procedures set forth in 35 Ill. Adm. Code 187.404, if fewer than 100 persons attended the public hearing on the respondent's EMSA as indicated by signatures on the attendance sheet or signature cards.

f) Failure to comply with this Section is not a defense to an involuntary termination proceeding under this Subpart, but the hearing officer may postpone the hearing upon the motion of any person prejudiced by a failure to comply with this Section.

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