Section 104.202  Filing Requirements

a)         Who May File.  Any person seeking a variance from any rule or regulation, requirement or order of the Board that would otherwise be applicable to that person may file a variance petition.

b)         General Filing and Service Requirements.  All general filing and service requirements for Board filings, including the form of filing and the fee requirements for filing, apply to the filing of a petition for variance.  These general requirements are found at 35 Ill. Adm. Code 101.Subparts C and J.

c)         Special Filing and Service Requirements.  In addition to the general requirements found at 35 Ill. Adm. Code 101.Subpart C, a person filing a petition for variance must meet the following requirements:

1)         One copy of the petition and all related documents must be served on the Agency.  The service on the Agency must be initiated on or before the date the petition is filed with the Board.  Additionally, all RCRA variance petitions must be served on the USEPA Region V Director of Waste Management.  An affidavit of service of the petition and related documents must accompany the filing with the Board; and

2)         The petition must contain all information or documents necessary to satisfy the petition content requirements found in Sections 104.204, 104.206, and 104.208.

(Source:  Amended at 41 Ill. Reg. 10049, effective July 5, 2017)