Section 105.112  Burden of Proof

Unless this Part provides otherwise:

a)         The burden of proof shall be on the petitioner except as provided in subsection (b). [415 ILCS 5/40(a)(1), 40(b) and (e)(3), 40.2(a), and 40.3(a)(2)]

b)         The burden of proof is on the Agency if the Agency issues an NPDES permit that imposes limits which are based upon a criterion or denies a permit based upon application of a criterion, then the Agency shall have the burden of going forward with the basis for the derivation of those limits or criterion which were derived under the Board's rules.  [415 ILCS 5/40(a)(1)]

(Source:  Amended at 44 Ill. Reg. 14897, effective September 4, 2020)