Ill. Admin. Code tit. 35, § 106.310 – Burden of Proof | Midpage
§ 106.310
Ill. Admin. Code tit. 35, § 106.310
Burden of Proof
AUTHORITY: Implementing and authorized by Sections 5, 14.2(c), 21(q), 22.4, 26, 27, 28, 28.1, 28.5, 35, 36, 37, 38, 39.5 and 52.3 of the Environmental Protection Act (the Act) [415 ILCS 5/5, 14.2(c), 21(q), 21.622.4, 26, 27, 28, 28.1, 28.5, 35, 36, 37, 38, 39.5 and 52.3], and Section 5 of the Regulation of Phosphorus in Detergents Act [415 ILCS 92/5].POLLUTION CONTROL BOARD
a) Compliance with the setback requirements of Section 14.2 or 14.3(e) of the Act would pose an arbitrary and unreasonable hardship;
b) The petitioner will utilize the best available control technology economically achievable to minimize the likelihood of contamination of the potable water supply well;
c) The maximum feasible alternative setback will be utilized; and
d) The location of the potential route will not constitute a significant hazard to the potable water supply well.
The burden of proof is on the petitioner. The petitioner must demonstrate that: