Illinois Administrative Code
Title 35 - ENVIRONMENTAL PROTECTION
Part 380 - PROCEDURE FOR THE CERTIFICATION OF OPERATORS OF WASTEWATER TREATMENT WORKS
Subpart F - SANCTIONS
Section 380.605 - Procedures
Universal Citation: 35 IL Admin Code ยง 380.605
Current through Register Vol. 48, No. 38, September 20, 2024
a) Filing of Documents. All documents filed in a sanctions proceeding under this Subpart shall be filed with the Docket Clerk, Division of Legal Counsel, Illinois EPA. Filing by electronic transmission or facsimile will only be allowed with the prior approval of the Docket Clerk or Hearing Officer assigned to the proceeding.
b) Complaint
1) The Agency may initiate sanction
proceedings on the basis of any written complaint or on its own
motion.
2) To initiate a sanction
proceeding, the Agency shall prepare and serve the following documents on the
operator by certified mail or personal delivery:
A) A Complaint for Sanctions that states the
alleged causes for sanctions and sets forth facts that constitute alleged
violations of a statute or Board rule.
B) A Notice to Operator that informs the
operator of commencement of the sanction proceedings, the right to be
represented by an attorney, the right to request a hearing, and the
consequences for failing to respond to the Complaint for Sanctions.
c) Response
1) A written response to the Complaint for
Sanctions may be filed by the operator and must be served on all parties within
21 days after receipt of the Complaint for Sanctions.
2) Within 21 days after receipt of the
Complaint for Sanctions, the operator may request a hearing by filing a written
request.
3) If an operator fails to
file a written response or a hearing request within 21 days from receipt of the
Complaint for Sanctions, all facts alleged in the Complaint for Sanctions shall
be deemed to have been admitted.
d) Service
1) All documents filed in the sanction
proceedings must be served on the Hearing Officer, the Agency and the
operator.
2) Except for service
upon the operator of the Complaint for Sanctions, the Notice to Operator, and
Director's decision, service may be effectuated by U.S. Mail or other mail
delivery service, in person, by messenger, or as otherwise approved by the
Hearing Officer.
3) An affidavit of
service or certificate of service must accompany all filings.
e) Except as otherwise provided by this Part, the procedures for contested case hearings in 35 Ill. Adm. Code 168 shall apply to sanction proceedings.
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