Section 102.820  Petition Contents

Each proponent must set forth the following information in its proposal:

a)         The language of the proposed rule, amendment, or repealer identifying the surface water body or water body segment being proposed for designation, amendment, or repeal as an ORW.  Language being added must be indicated by underscoring, and language being deleted must be indicated by strike-outs.  The proposed rule must be drafted in accordance with 1 Ill. Adm. Code 100.Subpart C;

b)         A statement describing the specific surface water body or water body segment for which the ORW designation, amendment, or repeal is requested and the present designation of the surface water body or water body segment;

c)         A statement describing the area in which the specific surface water body or water body segment exists, including:

1)         The existence of wetlands or natural areas;

2)         The living organisms in that area, including endangered or threatened species of plants, aquatic life or wildlife listed pursuant to the Endangered Species Act 16 USC 1531 et seq. or the Illinois Endangered Species Protection Act [41 ILCS 10];

d)         A statement supporting the designation, the amendment, or the repeal, including the health, environmental, recreational, aesthetic or economic benefits of the designation, the amendment, or the repeal thereof;

e)         A statement identifying the anticipated impact on economic and social development of the ORW designation, amendment, or repeal.  This statement should include:

1)         Impacts on the regional economy;

2)         Impacts on regional employment;

3)         Impacts on the community;

4)         A comparison of the health and environmental impacts to the economic impact of an ORW designation;

f)          A statement describing the existing and anticipated uses of the specific surface water body or water body segment for which the ORW designation, amendment, or repeal is requested;

g)         A statement describing the existing water quality of the specific surface water body or water body segment warranting the ORW designation, amendment, or repeal;

h)         A synopsis of all testimony to be presented by the proponent at hearing;

i)          Copies of any material to be incorporated by reference within the proposed designation pursuant to Section 5-75 of the Administrative Procedure Act [5 ILCS 100/5-75];

j)          A descriptive title or other description of any published study or research report used in developing the rule, the identify of the person who performed such study, and a description of where the public may obtain a copy of any such study or research report.  If the study was performed by an agency or by a person or entity that contracted with the agency for the performance of the study, the agency shall also make copies of the underlying data available to members of the public upon request if the data are not protected from disclosure under the Freedom of Information Act [5 ILCS 140].  [5 ILCS 100/5-40(3.5)];

k)         Proof of service upon all persons required to be served pursuant to Section 102.810 of this Part;

l)          Unless the proponent is the Agency or Illinois Department of Natural Resources or receives a waiver by the Board, a petition signed by at least 200 persons, pursuant to Section 28 of the Act and Section 102.160(a); and

m)        Where any information required by this Section is inapplicable or unavailable, a complete justification for such inapplicability or unavailability.

(Source:  Amended at 29 Ill. Reg. 8776, effective June 8, 2005)