Illinois Administrative Code
Title 35 - ENVIRONMENTAL PROTECTION
Part 108 - ADMINISTRATIVE CITATIONS
Subpart B - ISSUANCE OF THE CITATION AND PETITION TO CONTEST
Section 108.200 - Administrative Citation under the Act
Universal Citation: 35 IL Admin Code ยง 108.200
Current through Register Vol. 48, No. 38, September 20, 2024
a) An administrative citation (AC) under the Act may be issued by either:
1) The Agency
under Section 31.1 of the Act; or
2) A Delegated Unit of Local Government under
Section 31.1 of the Act. The Agency, under Section 4(r) of the Act, may by
agreement delegate its AC authority to a unit of local government, which may
then issue an AC. All Delegated Units must submit to the Clerk a copy of the
delegation agreement on or before July 1 of every year.
b) In accordance with Section 31.1 of the Act, the Agency or Delegated Unit may serve an AC upon any person believed, through direct observation, to have violated Section 21(o), 21(p), 22.51, 22.51a, or 55(k) of the Act.
1) The AC must be
issued and served upon the AC Recipient not more than 60 days after the
date of the observed violation and must contain the following
information:
A)
A statement
specifying the provisions of Section 21(o), 21(p), 22.51, 22.51a, or 55(k) of
the Actthat the AC Recipient was observed to have
violated;
B)
A copy of the
inspection report in which the Agency or Delegated Unit
recorded the violation. The report must include the
date and time of inspection and weather conditions prevailing during the
inspection;
C)
The
penalty imposed by Section 42(b)(4) or (b)(4-5) of the Act for the
violations;
D)
An affidavit
by the personnel observing the violation, attesting to their material actions
and observations; and
E)
Instructions for contesting the AC findings, including
notification that the AC Recipient has 35 days within which to
file a petition to contest the AC and, if an appeal is filed and the
Board finds a violation, the AC Recipient may have to pay hearing costs under
Section
108.500. [
415 ILCS
5/31.1(b)]
2) The Agency or Delegated Unit must serve
the AC upon the AC Recipient as follows:
A)
Personal service;
B) U.S. Mail with
a recipient's signature recorded by the U.S. Postal Service upon delivery;
or
C) Third-party commercial
carrier with a recipient's signature recorded by the third-party commercial
carrier upon delivery.
3) The Agency or Delegated Unit must file the
AC with the Board no later than 10 days after the date of
service upon the AC Recipient. [
415 ILCS
5/31.1(c)]
Disclaimer: These regulations may not be the most recent version. Illinois may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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