Illinois Administrative Code

Section 910.103 Definitions The definitions contained in 35 Ill. Adm. Code 900.101 apply to this Part.

Section 910.104 Measurement Techniques for 35 Ill. Adm. Code 900 A violation of 35 Ill. Adm. Code 900.102 (nuisance noise) can be established without sound pressure level measurement. However, sound pressure level measurements may be introduced as corroborating evidence when alle…

Section 910.105 Measurement Techniques for 35 Ill. Adm. Code 901 To determine a noise source's compliance with 35 Ill. Adm. Code 901, sound pressure level measurements are obtained using the following measurement techniques: a) Site Selection 1) One or more outdoor microphone pos…

Section 910.106 Protocols for Determination of Sound Levels a) The raw data collection procedures to determine equivalent continuous sound pressure level (Leq) are described in this Section using as an example the determination of a 1-hour Leq corrected for ambient. The following…

Section 910.107 Measurement Techniques for Highly Impulsive Sound Under 35 Ill. Adm. Code 901.104. a) Measurement of highly impulsive sound under 35 Ill. Adm. Code 901.104 can be made using two distinct and equally valid ways specified in subsections (b) and (c), namely the gener…

Section 910.APPENDIX A Tables of Long-Term Background Ambient Noise

Section 910.TABLE A Daytime long-term background ambient Leq levels in decibels by land use categories and 1/3 octave-band level Background Category Octave-Band Center Frequency (Hz) 1 2 3 4 5 20 63 56 48 42 36 25 64 57 49 43 37 31 65 58 50 44 38 40 65 58 51 44 38 50 66 59 51 45 …

Section 1420.101 Scope and Applicability This Subtitle establishes standards for and applies to all persons who generate, transport, treat, store, or dispose of potentially infectious medical waste within the State of Illinois. (Source: Amended at 43 Ill. Reg. 10044, effective Au…

Section 1420.102 Definitions All definitions in this Section have the following meanings throughout this Subtitle, unless specifically stated otherwise. Words and terms not defined have the meanings stated in the Act. "6-log reduction" means a 6-decade reduction or a one milliont…

Section 1420.103 Incorporations by Reference The following materials are incorporated by reference. This Section incorporates no later editions or amendments. Standard Methods for the Examination of Water and Wastewater, American Public Health Association et al. (1015 Fifteenth S…

Section 1420.104 Prohibitions No person shall: a) Cause or allow the disposal of any PIMW. Sharps may be disposed of in any landfill permitted by the Agency under Section 21 of the Act to accept municipal waste for disposal, if both: 1) The infectious potential has been eliminate…

Section 1420.105 Permit and Manifest Requirements and Exceptions a) The permit and permit appeal provisions in Sections 39 and 40 of the Act and Board regulations adopted thereunder apply to this Subtitle. b) A person who transports PIMW must obtain a PIMW hauling permit from the…

Section 1420.106 Penalty Factor In making its orders and determinations relative to penalties, if any, to be imposed for violating Section 56.1(A)(a) of the Act, the Board, in addition to the factors in Sections 33(c) and 42(h) of the Act, or the court shall take into considerati…

Section 1420.107 Cleaning and Disinfection a) Cleaning and disinfection includes: 1) Washing with a solution of detergent used in compliance with manufacturer's instructions and agitation to remove visible contamination from each surface, followed by a clean water rinse; and 2) O…

Section 1420.120 Severability If any provision of this Part or its application to any person is adjudged invalid, the adjudication does not affect the validity of this Part as a whole or of any portion not adjudged invalid. (Source: Amended at 43 Ill. Reg. 10044, effective August…

Section 1662.100 Purpose This Part sets forth costs for which persons may be liable to the State under Section 25d-3(d) of the Act.

Section 1662.105 Applicability The costs set forth in this Part may be collected from any person who is: a) a responsible party with respect to the release or substantial threat of release for which notice is given pursuant to Section 25d-3 of the Act; or b) a remedial applicant …

Section 1662.110 Definitions "Act" means the Environmental Protection Act [415 ILCS 5]. "Agency" is the Environmental Protection Agency established by the Environmental Protection Act. (Section 3.105 of the Act) "Agency travel costs" means costs incurred and documented for travel…

Section 1662.115 Severability If any provision of this Part or its application to any person or under any circumstance is adjudged invalid, that adjudication does not affect the validity of this Part as a whole or of any portion not adjudged invalid.

Section 1662.120 Right-To-Know Notice Costs a) Responsible parties and remedial applicants are liable for the following costs incurred by the Agency in giving the notice pursuant to Section 25d-3 of the Act: 1) Personnel costs; 2) Agency travel costs; 3) Site evaluation costs, in…

Section 1662.125 Request for Payment The Agency shall prepare a written request for payment for costs incurred in providing the notice pursuant to Section 25d-3 of the Act. Costs shall be documented, and the documentation shall be made available to the responsible party or remedi…

Section 1662.130 Submittal of Payment a) Payments for costs incurred by the Agency in providing the notice pursuant to Section 25d-3 of the Act must be submitted to the Agency within 45 days after receipt of the Agency's written request for payment. b) If payment is not received …

Section 1662.135 Manner of Payment a) Payment must be made by check or money order. The check or money order must identify the site name and address, Illinois inventory identification number, and Federal Employer Identification Number or Social Security Number of the responsible …

Section 1740.10 Purpose a) The Agency shall establish and administer a revolving loan program to be known as the "Brownfields Redevelopment Loan Program" for the purpose of providing loans to be used for site investigation, site remediation, or both, at brownfields sites. [415 IL…

Section 1740.20 Definitions The following definitions are applicable to this Part: "Act" means Environmental Protection Act [415 ILCS 5/58.15]. "Agency" or "IEPA" means the Illinois Environmental Protection Agency. "Aggregate Capital Investments" means all private capital investm…

Section 1740.30 Eligible Applicant As long as the project is eligible, there is no restriction against who may apply.

Section 1740.40 Eligible Projects The Department shall determine site eligibility. To qualify for site eligibility, the remediation applicant must certify that the site is an eligible site as defined in Section 1740.20, the site for which the Department's net economic benefit ass…

Section 1740.50 Application a) Procedures 1) Prior to submitting to DCEO an application to determine eligibility, applicants must first submit their proposed remediation costs to the Agency. The Agency shall make a pre-application assessment, which is non-binding on the Departmen…

Section 1740.60 Determination of Amount and Term of the Reimbursement Grant The Department shall determine the maximum amount of the reimbursement awarded under the Act. In determining the amount of the reimbursement that should be awarded, the Department may take into considerat…

Section 1740.70 Computation of Time for Response to Application Computation of any period of time prescribed by this Part shall begin with the first business day following the day on which the act, event or development initiating that period of time occurs and shall run until the…

Section 1740.80 Confidentiality Material submitted in the application may be subject to disclosure in response to requests received under provisions of the Freedom of Information Act [5 ILCS 140]. Information that could reasonably be considered to be proprietary, privileged or co…

Section 100.10 Definitions The following words and phrases have the meanings ascribed to them in this Section unless the context clearly requires otherwise: "Applicable Act" means the Residential Mortgage License Act of 1987 [205 ILCS 635], the Student Loan Servicing Rights Act […

Section 100.100 Failure to Appear Failure of the Petitioner to appear at the time and place set for the Formal Hearing may be deemed a waiver of the right to present evidence or provide grounds for dismissal of the Petition for Hearing, as reflected by order of the Administrative…

Section 100.110 Amendment and Withdrawal a) An Administrative Decision of the Secretary or Director may be withdrawn without prejudice or amended at any time, except in the course of the Formal Hearing, without leave or approval of the Administrative Law Judge. If an amended Admi…

Section 100.120 Requirement of an Answer; Default a) In contested cases, the Petitioner shall file an Answer to the Notice of Preliminary Hearing at least five days prior to the date of the Preliminary Hearing, unless otherwise provided by law. The Answer shall be in writing, sig…

Section 100.130 Discovery a) Discovery shall not be the subject of motions presented to the ALJ, except when a motion is made alleging failure to comply with this provision and requesting appropriate relief. b) Upon a written request served on the opposing Party, or by order of t…

Section 100.140 Subpoenas a) The Chief Administrative Law Judge, or their designated ALJ, will issue subpoenas for the attendance of witnesses or production of books, records, documents or other evidence; provided, however, that nothing in this Section shall limit the Secretary's…

Section 100.150 Prehearings a) After a case is instituted, upon the written motion of any Party, or on the Administrative Law Judge's own motion, the ALJ may direct the Parties to attend a prehearing. b) Upon the request of any Party, the prehearing will be conducted as a matter …

Section 100.160 Remote Proceedings a) Preliminary Hearings may be conducted remotely, either by teleconference or videoconference, provided that the Notice of Preliminary Hearing includes notice that the Preliminary Hearing will be conducted remotely and includes instructions for…

Section 100.170 Hearings The sequence to be followed for all contested cases is as follows: a) Status Calls and Preliminary Hearings. The purpose is to set a date on which all Parties expect to be prepared to proceed with their cases and to rule on any preliminary motions that ar…

Section 100.180 Administrative Law Judges a) In any contested case, the Secretary or Director shall appoint and employ an attorney, licensed to practice in Illinois, to serve as Administrative Law Judge. The ALJ shall be empowered to conduct the Hearing, question witnesses, make …

Section 100.185 Disqualification of Administrative Law Judges a) An Administrative Law Judge may, on their own motion, recuse themselves from presiding over a matter due to conflict of interest or bias. b) At any time prior to the issuance of the ALJ's final decision or recommend…

Section 100.190 Examination by Administrative Law Judge a) Any Administrative Law Judge may examine any witness. b) Any Party may object to specific questions asked by the ALJ.

Section 100.20 Hearing Fee Each Party that requests a Hearing pursuant to this Part shall pay a nonrefundable fee of $500, unless otherwise provided in an Applicable Act or in a rule adopted pursuant to an Applicable Act. The Director may waive the fee pursuant to this Section if…

Section 100.200 Burden of Proof a) The burden of proof rests with the Department in all cases except as provided in subsection (b) or as otherwise provided by law. b) The burden of proof rests with the Petitioner in the following circumstances, unless otherwise provided by law: 1…

Section 100.210 Documents a) Business records shall be admissible to the same extent they are admissible under Illinois law. b) Any Party may prove the admissibility of business records by presentation of a sworn statement by an individual responsible for making or keeping those …

Section 100.220 Motions a) Motions will be made in writing, unless otherwise allowed by the Administrative Law Judge prior to or during the course of a Hearing. Written motions are limited to the following: 1) To request dismissal of an Administrative Decision for failure to stat…

Section 100.230 Evidence and Standard of Proof a) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The rules of evidence and privilege as applied in civil cases in the circuit courts of this State shall be followed. Evidence not admissible under those rul…

Section 100.240 Adverse Witness a) Any Party or witness may be called as an adverse witness. In such a case, examination of the witness will be allowed as if under cross-examination. b) Upon a showing that a witness was called in good faith, and that the Party calling the witness…

Section 100.250 Administrative Law Judge Reports and Orders of the Director a) In every contested case, except for defaults, the ALJ will file a written Report and Recommendation that contains Findings of Fact and Conclusions of Law with respect to the allegations contained in th…