Illinois Administrative Code Title 35 - ENVIRONMENTAL PROTECTION
Illinois Administrative Code
Title 35 – Environmental Protection
I. Overview
Title 35 of the Illinois Administrative Code (IAC) establishes the regulatory framework for the protection, management, and improvement of the environment in Illinois. It is primarily enforced by the Illinois Environmental Protection Agency (IEPA), which administers programs related to air quality, water quality, waste management, and pollution control.
The rules are designed to implement the Illinois Environmental Protection Act (IEPAct) and other state and federal environmental laws to safeguard public health, conserve natural resources, and ensure sustainable development.
II. Key Regulatory Areas under Title 35
1. Air Pollution Control (Parts 200–299)
Sets emission standards for pollutants from industrial facilities, vehicles, and other sources.
Implements permits and monitoring requirements for air quality control.
Enforces the National Ambient Air Quality Standards (NAAQS) as adopted under the Clean Air Act.
Regulates hazardous air pollutants, and requires reporting and control plans.
2. Water Pollution Control (Parts 300–399)
Governs discharge of pollutants into waters of the state through National Pollutant Discharge Elimination System (NPDES) permits.
Sets standards for surface water quality and groundwater protection.
Regulates stormwater management, wastewater treatment, and effluent limitations.
Controls the handling of hazardous substances and spills to protect water sources.
3. Waste Management (Parts 700–799)
Regulates solid waste disposal, recycling, and hazardous waste management.
Establishes licensing and operational standards for landfills, waste transfer stations, and treatment facilities.
Controls the handling and transportation of hazardous waste.
Requires corrective action at contaminated sites and cleanup protocols.
4. Pollution Control and Prevention
Sets standards for noise pollution, odor control, and toxic substance emissions.
Mandates environmental impact assessments for certain industrial activities.
Requires facilities to implement pollution prevention plans and maintain compliance records.
5. Environmental Permitting and Compliance
Specifies permit application procedures, public notice, and hearing processes.
Defines compliance inspection authority and enforcement actions including fines, orders, and remediation requirements.
Facilitates citizen involvement in enforcement through public comment and appeal rights.
III. Relevant Case Law
Illinois courts have interpreted and enforced environmental regulations under Title 35 in several important cases, which clarify the scope and application of the IEPA’s authority:
1. People v. Midwest Generation, LLC (2013)
Issue: The IEPA brought enforcement against a coal-fired power plant for violating emission limits under the Air Pollution Control program.
Outcome: The court upheld the IEPA’s authority to impose penalties and require emission reduction controls.
Significance: Reinforced the State’s power to strictly enforce air quality standards to protect public health.
2. Village of Lincolnshire v. Illinois EPA (2008)
Issue: Dispute over the issuance of a wastewater discharge permit affecting local water quality.
Outcome: Court affirmed that the IEPA must consider local environmental impact and may deny permits if water quality standards cannot be met.
Significance: Established that permits are not automatic and the agency must ensure compliance with water protection standards.
3. People ex rel. IEPA v. MCI Worldcom Network Services, Inc. (2001)
Issue: Illegal disposal of hazardous waste and failure to comply with corrective action orders.
Outcome: Court ruled in favor of the IEPA’s enforcement authority, including ordering cleanup and imposing fines.
Significance: Highlighted the agency’s broad enforcement powers under waste management regulations.
4. Sierra Club v. IEPA (1996)
Issue: Challenge to permit issuance for a landfill without adequate environmental impact review.
Outcome: The court ruled that environmental assessments must be thorough and comply with state law before permits can be granted.
Significance: Strengthened environmental review requirements and public participation.
IV. Summary Table
| Regulatory Area | Key Provisions |
|---|---|
| Air Pollution Control | Emission limits, permits, monitoring, hazardous air pollutants |
| Water Pollution | NPDES permits, water quality standards, spill prevention |
| Waste Management | Solid/hazardous waste regulation, landfill standards, cleanup |
| Pollution Prevention | Noise, odor control, toxic emissions, impact assessments |
| Permitting & Compliance | Permit issuance, inspections, enforcement, public participation |
V. Importance of Title 35
Title 35 is vital in ensuring that Illinois:
Protects its air and water resources from pollution.
Safeguards public health through strict environmental standards.
Holds polluters accountable with enforcement mechanisms.
Promotes sustainable use of natural resources.
Enables community involvement in environmental decision-making.
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