Who May File a Petition for Review

Section 105 Section 105.204  Who May File a Petition for Review a)         General. If the Agency refuses to grant or grants with conditions a permit under Section 39 of the Act, the applicant may petition for a hearing before the Board to contest the decision of the Agency. [415 ILCS 5/40(a)(1)] b)         National Pollutant Discharge Elimination System (NPDES) Permit. If the Agency grants or denies a permit under subsection (b) of Section 39 of the Act, a third party, other than the permit applicant or Agency, may petition the Board for a hearing to contest the decision of the Agency [415 ILCS 5/40(e)(1)]. c)         Resource Conservation and Recovery Act (RCRA) Permit for a Hazardous Waste Disposal Site. If the Agency grants a RCRA permit for a hazardous waste disposal site, a third party, other than the permit applicant or Agency, may petition the Board for a hearing to contest the issuance of the permit. This subsection does not apply to the granting of permits issued for the disposal or utilization of sludge from publicly-owned sewage works. [415 ILCS 5/40(b)] d)         Hazardous Waste Permit. Any party to an Agency proceeding conducted pursuant to Section 39.3 of the Act may petition as of right to the Board for review of the Agency's decision. [415 ILCS 5/40(c)] e)         EMSAs.  If the Agency terminates an EMSA under Section 52.3-4(b) of the Act, the sponsor may petition the Board for review of the Agency's final decision. f)         Other Agency Final Decisions.  If the Agency's final decision is to deny or to conditionally grant or approve, the person who applied for or otherwise requested the Agency decision, or the person to whom the Agency directs its final decision, may petition the Board for review of the Agency's final decision.  In addition, any third party authorized by law to appeal a final decision of the Agency to the Board may file a petition for review with the Clerk.