Illinois Administrative Code
Title 35 - ENVIRONMENTAL PROTECTION
Part 745 - PRIOR CONDUCT CERTIFICATION
Subpart C - AGENCY ACTION
Section 745.141 - Standards for Denial
Universal Citation: 35 IL Admin Code ยง 745.141
Current through Register Vol. 48, No. 38, September 20, 2024
a) The Agency shall deny prior conduct certification to any person who has:
1) Been repeatedly found, after opportunity
for an adversarial proceeding before any judicial or administrative body, to be
in violation of any federal, state or local laws, regulations or ordinances
governing the operation of waste disposal sites in any state;
2) Been convicted in any state of a crime
which would be a felony under Illinois law, or been convicted of a felony in
federal court;
3) Been judicially
or administratively determined, after opportunity for an adversarial
proceeding, to have shown gross carelessness or incompetence in the handling,
storing, processing, transporting or disposing of any waste in any
state;
4) Practiced any fraud or
deceit in obtaining or attempting to obtain prior conduct certification;
or
5) Failed to timely file a
supplemental application pursuant to Section
745.123.
b) Subsection (a) notwithstanding, the Agency may, in its discretion, grant prior conduct certification if mitigating factors exist such that certification should issue. Mitigating factors include:
1) The severity of the
misconduct;
2) How recently the
misconduct took place;
3) The
degree of control exerted over waste disposal operations at a site by the
applicant at the time misconduct described in subsection (a)(3) was
committed.
c) Pursuant to Section 39(a) of the Act, a person requesting certification has the burden of demonstrating that the person is entitled to the certification. Completion of the application form stating that none of the reasons for denial exist is a sufficient demonstration in the absence of information to the contrary.
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