Ill. Admin. Code tit. 35, § 741.140 – Relief from Final Orders | Midpage
§ 741.140
Ill. Admin. Code tit. 35, § 741.140
Relief from Final Orders
AUTHORITY: Implementing Section 58.9 and authorized by Section 58.9(d) of the Environmental Protection Act [415 ILCS 5/58.9]POLLUTION CONTROL BOARD
a) On written motion by any party, the Board, for any of the reasons set forth in 35 Ill. Adm. Code 101.301(b), may provide relief from a final order in which the Board allocated proportionate shares.
b) Relief under subsection (a) of this Section may include reallocation of proportionate shares.
c) The Board may decline to reopen an allocation determination if the motion and any supporting materials do not demonstrate that the reopening would result in significant changes in proportionate shares.
d) A motion under subsection (a) of this Section must be filed with the Board within one year after entry of the order, except that when the response begins during this one-year period, a motion under subsection (a) of this Section must be filed with the Board within three years after entry of the order. Upon written motion, the Board may extend either of these periods for cause shown.
e) Any response to a motion under this Section must be filed within 30 days after the filing of the motion.