Ill. Admin. Code tit. 35, § 705.182 - Public Hearings

a) When the Agency Holds Public Hearings

1) The Agency must hold a public hearing whenever it finds a significant degree of public interest in a draft permit on the basis of requests.

2) The Agency may also hold a public hearing at its discretion, whenever such a hearing might clarify one or more issues involved in the permit decision.

3) For RCRA permits only the following additional requirements apply:

A) The Agency must hold a public hearing whenever it receives written notice of opposition to a draft permit and a request for a hearing within 45 days of public notice under Section 705.162(a);

B) Whenever possible, the Agency must schedule the hearing at a location convenient to the population center nearest to the proposed facility.

4) Public notice of the hearing must be given as specified in Section 705.162.

b) Whenever a public hearing will be held, the Agency must designate a hearing officer who must be responsible for its scheduling and orderly conduct. Conduct of the hearing must be in accordance with Agency rules and procedures, and the hearing must be held in the county in which the HWM or UIC facility or proposed HWM or UIC facility is located.

c) Any person may submit oral or written statements and data concerning the draft permit. Reasonable limits may be set by the hearing officer on the time allowed at hearing for oral statements, and the submission of statements in writing may be required. Written statements must be accepted until the close of the public comment period. The public comment period under Subpart D must automatically be extended to a date not later than 30 days after the close of any public hearing under this Section. The hearing officer may also extend the comment period by entering an appropriate order into the record.

d) A tape recording or written transcript of the hearing must be made available to the public for inspection during regular business hours at the Agency's office in Springfield. Copies of such recording or transcription must be made available on request, upon payment of reasonable costs of duplication pursuant to applicable Agency rules and procedures.

Notes

Ill. Admin. Code tit. 35, § 705.182

Amended at 27 Ill. Reg. 3675, effective February 14, 2003

Amended at 42 Ill. Reg. 21179, effective 11/19/2018

BOARD NOTE: Derived from 40 CFR 124.12 (2017).