Section 102.830  Board Action

a)         Dismissal

1)         Failure of the proponent to satisfy the content requirements for proposals under this Subpart or failure to respond to Board requests for additional information will render a proposal subject to dismissal for inadequacy.

2)         Failure of the proponent to pursue disposition of the petition in a timely manner will render a petition subject to dismissal. In making this determination, the Board may consider factors, including the history of the proceeding and the proponent's compliance with any Board or hearing officer orders.

3)         Any person may file a motion challenging the sufficiency of the petition under 35 Ill. Adm. Code 101.Subpart E.

b)         Designation of ORW.  The Board must designate a surface water body or water body segment as an ORW and list it in 35 Ill. Adm. Code 303.206 if it finds:

1)         The surface water body or water body segment is of exceptional ecological or recreational significance; and

2)         The benefits of protection of the surface water body or water body segment from future degradation outweigh the benefits of economic or social opportunities that will be lost if the surface water body or water body segment is designated as an ORW.

(Source:  Amended at 41 Ill. Reg. 10002, effective July 5, 2017)