Section 106.914  Burden of Proof

The burden of proof is on the petitioner.  A petitioner may seek authorization, for an individual site, to:

a)         Apply landscape waste or composted landscape waste at rates greater than "agronomic rates" of not more than 20 tons per acre per year.  An owner or operator seeking to apply landscape waste or composted landscape waste in accordance with Section 21(q)(2) of the Act at rates greater than agronomic rates must demonstrate to the Board that the site's soil characteristics or crop needs require a higher rate as specified in the petition.  [415 ILCS 5/21(q)]

b)         Increase in total acreage of on-farm composting facility.  A farm owner or operator seeking to apply landscape waste or landscape waste compost in accordance with Section 21(q)(3)(A) of the Act at a composting facility on which the composting material is utilized and who proposes to do so on more than 2% of the property's total acreage on which the composting material is utilized by the farmer, must demonstrate to the Board that the site's soil characteristics or crop needs require a higher rate as specified in the petition.

(Source:  Added at 36 Ill. Reg. 16581, effective November 5, 2012)