35 Ill. Adm. Code 102.820
Petition Contents
Section 102
Section 102.820Â Petition
Contents
A proposal must include:
a)Â Â Â Â Â Â Â Â The language of the proposed rule, amendment, or repealer
identifying the surface water body or water body segment being proposed for
designation, amendment, or repeal as an ORW. Language being added must be
indicated by underscoring, and language being deleted must be indicated by
strike-outs. The proposed rule must be drafted in accordance with 1 Ill. Adm.
Code 100.Subpart C;
b)Â Â Â Â Â Â Â Â A statement describing the specific surface water body or
water body segment for which the ORW designation, amendment, or repeal is
requested and the present designation of the surface water body or water body
segment;
c)Â Â Â Â Â Â Â Â A statement describing the area in which the specific surface
water body or water body segment exists, including:
1)Â Â Â Â Â Â Â Â The existence of wetlands or natural areas;
2)Â Â Â Â Â Â Â Â The living organisms in that area, including endangered or
threatened species of plants, aquatic life or wildlife listed under the federal
Endangered Species Act (16 USC 1531 et seq.) or the Illinois Endangered Species
Protection Act [41 ILCS 10];
d)Â Â Â Â Â Â Â Â A statement supporting the designation, the amendment, or the
repeal, including the health, environmental, recreational, aesthetic or
economic benefits of the designation, the amendment, or the repeal;
e)Â Â Â Â Â Â Â Â A statement identifying the anticipated impact on economic and
social development of the ORW designation, amendment, or repeal. This
statement must include:
1)Â Â Â Â Â Â Â Â Impacts on the regional economy;
2)Â Â Â Â Â Â Â Â Impacts on regional employment;
3)Â Â Â Â Â Â Â Â Impacts on the community;
4)Â Â Â Â Â Â Â Â A comparison of the health and environmental impacts to the
economic impact of an ORW designation;
f)Â Â Â Â Â Â Â Â A statement describing the existing and anticipated uses of
the specific surface water body or water body segment for which the ORW
designation, amendment, or repeal is requested;
g)Â Â Â Â Â Â Â Â A statement describing the existing water quality of the
specific surface water body or water body segment warranting the ORW
designation, amendment, or repeal;
h)Â Â Â Â Â Â Â Â A synopsis of all testimony to be presented by the proponent
at hearing;
i)Â Â Â Â Â Â Â Â Â Any material to be incorporated by reference within the
proposed designation under Section 5-75 of the IAPA;
j)
A descriptive title or other description of any published
study or research report used in developing the rule, the identity of the
person who performed such study, and a description of where the public may
obtain a copy of any such study or research report. If the study was performed
by an agency or by a person or entity that contracted with the agency for the
performance of the study, the agency shall also make copies of the underlying
data available to members of the public upon request if the data are not
protected from disclosure under
FOIA [5 ILCS 100/5-40(3.5)];
k)Â Â Â Â Â Â Â Â Documentation of service upon all persons required to be
served under Section 102.810;
l)Â Â Â Â Â Â Â Â Â Unless the proponent is the Agency or DNR or receives a
waiver by the Board, a petition signed by at least 200 persons under Section 28
of the Act; and
m)Â Â Â Â Â Â Â Where any information required by this Section is inapplicable
or unavailable, a complete justification for such inapplicability or
unavailability.