Section 104.545  Substantial Compliance Assessment

a)         As soon as practicable after entering an order under Section 104.540, the Board will conduct an evaluation of the petition to assess its substantial compliance with Section 104.530.

b)         If the Board determines in a final order that the petition is in substantial compliance, the Agency must file a recommendation under Section 104.550.

c)         If the Board determines in an interim order that the petition or amended petition is not in substantial compliance, the Board will identify the deficiencies in the petition or amended petition that must be corrected for the petition to be in substantial compliance with Section 104.530.

d)         If effectiveness of the water quality standard from which relief is sought is stayed under Section 104.525 and the Board determines in an interim order that the petition or amended petition is not in substantial compliance with Section 104.530:

1)         the petitioner must file an amended petition by the deadlines adopted by the Board under Section 104.540; and

2)         the Board will enter, after the deadlines established under Section 104.540, a final order that states whether the amended petition is in substantial compliance with Section 104.530.

e)         Any participant may file a motion for reconsideration under 35 Ill. Adm. Code 101.520 of a final Board order determining whether the amended petition is in substantial compliance with Section 104.530.

(Source:  Added at 42 Ill. Reg. 7922, effective April 27, 2018)