Ill. Admin. Code tit. 35, § 105.112 - Burden of Proof

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) ]

Notes

Ill. Admin. Code tit. 35, § 105.112

Amended at 44 Ill. Reg. 14897, effective 9/4/2020