Illinois Administrative Code
Title 35 - ENVIRONMENTAL PROTECTION
Part 108 - ADMINISTRATIVE CITATIONS
Subpart B - ISSUANCE OF THE CITATION AND PETITION TO CONTEST
Section 108.202 - Administrative Citation under the EPRR Act
Universal Citation: 35 IL Admin Code ยง 108.202
Current through Register Vol. 48, No. 38, September 20, 2024
a) An AC under the Electronic Products Recycling and Reuse Act [ 415 ILCS 150 ] may be issued by either:
1) The Agency under Section 20(k) of the EPRR
Act; or
2) A Delegated Unit under
Section 20(k) of the EPRR Act. The Agency, under Section 4(r) of the Act, may
delegate its AC authority to a unit of local government, which may then issue
an AC. Under Section 20(k) of the EPRR Act, a Delegated Unit must be a county.
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 20(k) of the EPRR Act, the Agency or Delegated Unit may serve an AC upon any person believed, based on direct observation, to have violated any provision of the EPRR Act or the entity employing that person.
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 the EPRR Act that the person or the
entity employing the person has 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;
C)
The
penalty imposed by Section 80 of the EPRR 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. [
415
ILCS 150/20(k)]
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.
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