Section 3730.206  Notice of Hearing

a)         In cases in which a hearing is held pursuant to Section 3730.202(a), (c) or (d), the commencement of the hearing shall be within 90 days after the date on which the application for allocation or petition for modification of allocation was received by the Department unless otherwise ordered by the Hearing Officer, or within 60 days after an order for an emergency allocation was entered by the Department.  The Department shall give notice of hearing in these cases as follows:

1)         to all permittees; petitioners; the Counties of Cook, DuPage, Kane, Kendall, Lake, Will, and McHenry; the City of Chicago; the Metropolitan Water Reclamation District; the Illinois Environmental Protection Agency; and the Chicago Metropolitan Agency for Planning; and

2)         by publication not less than twice in newspapers of general circulation in the immediate and remote areas that may be affected by diversions of Lake Michigan waters, such publications to be no longer than one week apart, and the hearing to be held within 10 days following date of last publication.

b)         In cases in which a hearing is held pursuant to Section 3730.202(b), complainants and respondents shall receive notice by certified mail of the time and place of the hearing no less than 20 days before the hearing is held.  In addition, complainants must provide proof of service of the complaint on each respondent showing that service was completed in compliance with Section 3730.105 no less than 20 days before the hearing is held.

c)         The Hearing Officer shall make available to any person copies of applications, petitions, or complaints at the time the hearing date is announced.

(Source:  Amended at 38 Ill. Reg. 22801, effective November 18, 2014)