Section 252.206  Procedures for Public Hearings

a)         Except as provided in subsection (b) below, hearings shall be conducted in accordance with the Agency's "Procedures for Permit and Closure Plan Hearings" (35 Ill. Adm. Code 166:  Subpart A, Informational Permit and Closure Plan Hearings).

b)         The following types of hearings shall be conducted in accordance with the Agency's "Procedures for Permit and Closure Plan Hearings" (35 Ill. Adm. Code 166:  Subpart B, Contested Case Permit Hearings):

1)         Hearings requested by the applicant pursuant to Section 39(f)(3) of the Act on a proposed action which includes the Agency's determination with respect to BACT or LAER or case-by-case MACT;

2)         Hearings requested by the ACS permit applicant pursuant to Section 39.1(d) of the Act.

c)         Notwithstanding subsection (b) above, persons requesting hearings subject to the Contested Case Permit Hearings (35 Ill. Adm. Code 166:  Subpart B) may waive their rights to the procedures of the Contested Case Permit Hearings by notifying the hearing officer to that effect.  Where persons waive their rights to Contested Case Permit Hearings, such hearings shall be held in accordance with the procedures of Informational Permit and Closure Plan Hearings (35 Ill. Adm. Code 166:  Subpart A).

(Source:  Amended at 22 Ill. Reg. 19253, effective October 13, 1998)