Section 101.302  Filing of Documents

a)         This Section contains the Board's general filing requirements.  Additional requirements may exist for specific proceedings elsewhere in these rules.  The Clerk will refuse for filing any document that does not comply with the minimum requirements of this Section.

b)         All documents filed with the Board must be filed with the Clerk's Office.  Service on a hearing officer does not constitute filing with the Board unless the document is submitted to the hearing officer during the course of a hearing.  Documents may be filed at:

            Pollution Control Board, Attn: Clerk

            100 West Randolph Street

            James R. Thompson Center, Suite 11-500

            Chicago, Illinois 60601-3218

c)         Documents may be filed by U.S. Mail or other mail delivery service, in person or by messenger.

d)         Filing by electronic transmission or facsimile will only be allowed with the prior approval of the Clerk of the Board or hearing officer assigned to the proceeding.

e)         The following initial filings require filing fees and will only be considered filed when accompanied by the appropriate fee, which may be paid in the form of government voucher, money order, or check made payable to the Illinois Pollution Control Board, but which may not be paid in cash:

1)         Petition for Site-Specific Regulation, $75;

2)         Petition for Variance, $75;

3)         Petition for Review of Agency Permit Decision, UST Decision, or any other appeal filed pursuant to Section 40 of the Act, $75;

4)         Petition to Review Pollution Control Facility Siting Decisions, pursuant to Section 40.1 of the Act, $75;  and

5)         Petition for Adjusted Standard, pursuant to Section 28.1 of the Act, $75.

f)          All documents filed must be served in accordance with Subpart C of this Part.

g)         All documents filed with the Board should contain the relevant proceeding caption and number and must be submitted on 8½ x 11 inch recycled paper as defined in Subpart B of this Part, and double sided if feasible.

h)         Unless the Board or its procedural rules provide otherwise, all documents must be filed with a signed original and 9 duplicate copies (10 total), except that:

1)         Documents and motions specifically directed to the assigned hearing officer must be filed with the Clerk with a signed original and 4 duplicate copies (5 total), or as the hearing officer orders;

2)         The Agency may file a signed original and 4 duplicate copies (5 total) of the record required by Section 105.116, 105.302, and 105.410;

3)         The OSFM may file a signed original and 4 duplicate copies (5 total) of the record required by Section 105.508; and

4)         The siting authority may file a signed original and 4 duplicate copies (5 total) of the record required by Sections 107.300 and 302.

i)          No written discovery, including interrogatories, requests to produce, and requests for admission, or any response to written discovery, may be filed with the Clerk of the Board except upon leave or direction of the Board or hearing officer.  Any discovery request under these rules to any nonparty must be filed with the Clerk of the Board with a signed original and 4 duplicate copies (5 total), or as the hearing officer directs.

j)          Non-Conforming Exhibits.  When possible, exhibits must be reduced to conform to 8½ X 11 inch recycled paper.  However, one non-conforming original copy may be filed with the Clerk's Office.  Upon closure of the proceeding, the non-conforming copy may be returned to the person filing it in accordance with 2 Ill. Adm. Code 2175.300.

k)         Page Limitation.  No motion, brief in support of motion, or brief may exceed 50 pages, and no amicus curiae brief may exceed 20 pages, without prior approval of the Board or hearing officer.  These limits do not include appendices containing relevant material.

(Source:  Amended at 29 Ill. Reg. 8743, effective June 8, 2005)