Ill. Admin. Code tit. 35, § 105.112
Burden of Proof
Effective Sep 4, 202044 Ill. Reg. 14897AUTHORITY: Authorized by Sections 26 and 27 of the Environmental Protection Act [415 ILCS 5/26 and 27] and implementing Sections 5, 39, 39.5, 40, 40.1, 40.2, and 57 of the Act [415 ILCS 5/5, 39, 39.5, 40, 40.1, 40.2 and 57].POLLUTION CONTROL BOARD
- a) The burden of proof shall be on the petitioner except as provided in subsection (b). [415 ILCS 5/40(a)(1), 40(b) and (e)(3), 40.2(a), and 40.3(a)(2)]
- b) The burden of proof is on the Agency if the Agency issues an NPDES permit that imposes limits which are based upon a criterion or denies a permit based upon application of a criterion, then the Agency shall have the burden of going forward with the basis for the derivation of those limits or criterion which were derived under the Board's rules. [415 ILCS 5/40(a)(1)]
Unless this Part provides otherwise:
(Source: Amended at 44 Ill. Reg. 14897, effective September 4, 2020)