Section 240.190  Temporary Relief Hearings

a)         Pending the holding of a hearing in accordance with Section 240.185(d) or 240.180(f) relating to a cessation order issued under Section 240.185 or 240.180, the person or permittee affected by the Department's action may file a written request for temporary relief from the cessation order, together with a detailed statement giving reasons for granting such relief.  (Section 8a of the Act) The person or permittee shall serve the request for temporary relief within 14 days after service of the cessation order.

b)         The Department shall commence a hearing within 5 working days after receipt of a timely request for temporary relief and may grant such relief, under such conditions as it may prescribe, if the person or permittee requesting temporary relief shows a substantial likelihood that the findings of the Department will be favorable to him and such relief will not adversely affect the health or safety of the public or cause significant environmental harm or significant damage to property. (Section 19.1 of the Act)

c)         All hearings under this Section shall be conducted in accordance with Article 10 of the Illinois Administrative Procedure Act.  All hearings under this Section shall be conducted in the Department's offices located in Springfield, Illinois.

d)         At the hearing the permittee shall have the burden of proving that temporary relief from the cessation order will not adversely affect the health or safety of the public or cause environmental harm or significant damage to property.  The hearing officer shall conduct the hearing, hear the evidence and at the conclusion of the hearing render findings of fact, conclusions of law and the disposition of the case.

e)         The hearing officer shall issue a final administrative decision granting or denying temporary relief from the cessation order within 7 days after the close of the administrative record, pursuant to Section 10 of the Act. Temporary relief shall not extend for more than 90 days, after which the cessation order shall be reinstated pending the outcome of the cessation order and pending a resolution of the violations of the Act specified in the cessation order.

f)          The person's or permittee's failure to request a hearing in accordance with subsection (a) shall constitute a waiver of all legal rights to contest the cessation order.

(Source:  Amended at 25 Ill. Reg. 9045, effective July 9, 2001)