Illinois Administrative Code
Title 35 - ENVIRONMENTAL PROTECTION
Part 502 - PERMITS
Subpart D - APPEAL AND ENFORCEMENT
Section 502.402 - Defenses
Current through Register Vol. 48, No. 12, March 22, 2024
a) Issuing or possessing a permit does not allow the permittee to violate the Act or Board rules and is not a defense to a violation other than an alleged violation for construction or operation without a permit.
b) Compliance with an NPDES permit must be considered compliance for purposes of Sections 42, 43, and 44 of the Act (Penalties), with the Act and applicable rules, to the extent that compliance would be a defense to enforcement action under the CWA.
c) Except for federally-imposed requirements for NPDES permits, complying with the rules the Board promulgates under the Act will be a prima facie defense to any action, legal, equitable, or criminal, or an administrative proceeding for a violation of the Act, brought by any person.
