Section 104.224  Objections to Petition, Written Comments, and Request for Hearing

a)         A person who files an objection, request for hearing, or comment is a "participant" as defined in 35 Ill. Adm. Code 101.Subpart B.

b)         Except as provided in subsection (e) of this Section for RCRA variances, any person may file with the Clerk, within 21 days after the publication of the petitioner's notice under Section 104.214, a written objection to the grant of variance.  The Clerk will serve a copy of the objection on the petitioner, the Agency, the hearing officer, and any joined parties in accordance with 35 Ill. Adm. Code 101.304(c).

c)         Any person may also file a written request for hearing.  The written request must be filed within 21 days after the publication of the petitioner's notice under Section 104.214 in order for a hearing to be held in accordance with Section 104.236 and 35 Ill. Adm. Code 101.Subpart F, including any hearing held by videoconference (see 35 Ill. Adm. Code 101.600(b)). 

d)         Any person may file written comments in a variance proceeding.  If a hearing is held, public comments must be filed within 14 days after the close of the hearing unless the hearing officer specifies a different date.  If there is no hearing, comments must be filed no later than 30 days before the decision date, unless the hearing officer orders otherwise to prevent material prejudice.  (See 35 Ill. Adm. Code 101.628(c)(1).)

e)         In RCRA variances, subsections (b) and (c) do not apply.  However, persons may file written comments within 45 days after the Agency files its recommendation.

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