Illinois Administrative Code
Title 35 - ENVIRONMENTAL PROTECTION
Part 310 - PRETREATMENT PROGRAMS
Subpart I - UPSETS
Section 310.905 - Reviewability of Claims of Upset
Universal Citation: 35 IL Admin Code ยง 310.905
Current through Register Vol. 48, No. 38, September 20, 2024
In the usual exercise of prosecutorial discretion, Agency enforcement personnel should review any claims that non-compliance was caused by an upset. No determinations made in the course of the review constitute final Agency action subject to judicial review. Industrial users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.
BOARD NOTE: Derived from 40 CFR 403.16(e) (2003).
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