SOURCE: Adopted in R00-20 at 25 Ill. Reg. 397, effective January 1, 2001; amended in R04-24 at 29 Ill. Reg. 8833, effective June 8, 2005; amended in R14-21 at 39 Ill. Reg. 2397, effective January 27, 2015; amended in R15-20 at 39 Ill. Reg. 12921, effective September 8, 2015; amended in R16-17 at 40 Ill. Reg. 8003, effective May 20, 2016; amended in R17-18 at 41 Ill. Reg. 10172, effective July 5, 2017.
|
| |
| |
SUBPART A: GENERAL PROVISIONS
|
| |
Section 108.100
|
Applicability |
| |
a)
|
This Part applies to proceedings before the Board concerning petitions to contest the issuance of an administrative citation. |
| |
b)
|
This Part must be read in conjunction with 35 Ill. Adm. Code 101 which contains procedures generally applicable to all of the Board's adjudicatory proceedings. In the event of a conflict between the requirements of 35 Ill. Adm. Code 101 and this Part, the provisions of this Part will apply. |
| |
(Source: Amended at 39 Ill. Reg. 12921, effective September 8, 2015)
|
| |
Section 108.104
|
Definitions |
| |
For the purpose of this Part, words and terms will have the meanings as defined in 35 Ill. Adm. Code 101.Subpart B unless otherwise provided, or unless the context clearly indicates otherwise.
|
| |
SUBPART B: ISSUANCE OF THE CITATION AND PETITION TO CONTEST
|
| |
Section 108.200
|
Administrative Citation under the Act |
| |
a)
|
An administrative citation (AC) under the Act may be issued by either: |
|
1)
|
The Agency under Section 31.1 of the Act; or |
| |
2)
|
A Delegated Unit of Local Government under Section 31.1 of the Act. The Agency, under Section 4(r) of the Act, may by agreement delegate its AC authority to a unit of local government, which may then issue an AC. 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 31.1 of the Act, the Agency or Delegated Unit may serve an AC upon any person believed, through direct observation, to have violated Section 21(o), 21(p), 22.51, 22.51a, or 55(k) of the Act. |
| |
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 Section 21(o), 21(p), 22.51, 22.51a, or 55(k) of the Act that the AC Recipient was observed to have 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 and weather conditions prevailing during the inspection; |
| |
C)
|
The penalty imposed by Section 42(b)(4) or (b)(4-5) of the 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 and, if an appeal is filed and the Board finds a violation, the AC Recipient may have to pay hearing costs under Section 108.500. [415 ILCS 5/31.1(b)] |
| |
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. |
| |
3)
|
The Agency or Delegated Unit must file the AC with the Board no later than 10 days after the date of service upon the AC Recipient. [415 ILCS 5/31.1(c)] |
| |
(Source: Amended at 41 Ill. Reg. 10172, effective July 5, 2017)
|
| |
Section 108.201
|
Administrative Citation under the PWSO Act |
| |
a)
|
An AC under the Public Water Supply Operations Act [415 ILCS 45] may be issued by the Agency under Section 23.1(b) of the PWSO Act. |
| |
b)
|
In accordance with Section 23.1 of the PWSO Act, if Agency personnel discover that a Responsible Operator in Charge has violated Section 1.1(b)(3) of the PWSO Act, the Agency may serve an AC upon that individual. |
| |
1)
|
The AC must be issued and served upon the AC Recipient not more than 90 days after the date of the discovery of the violation and must contain the following information: |
| |
A)
|
A statement specifying the report or result that the Responsible Operator in Charge failed to submit in accordance with Board rules and a citation to the Board rules that were violated; |
| |
B)
|
A copy of any report in which the Agency recorded the violation; |
| |
C)
|
The penalty imposed by Section 23.1(f) of the PWSO Act for the violation; |
| |
D)
|
Instructions for contesting the AC findings pursuant to Section 23.1 of the PWSO Act, including notification that the individual has 35 days within which to file a petition for review before the Board to contest the AC and, if an appeal is filed and the Board finds a violation, a statement that the AC Recipient may have to pay hearing costs under Section 108.500; and |
| |
E)
|
An affidavit by the personnel recording the violation. [415 ILCS 45/23.1(b)] |
| |
2)
|
The Agency must serve the AC upon the AC Recipient by personal service or certified mail. |
| |
3)
|
The Agency must file the AC with the Board no later than 15 days after the date of service upon the AC Recipient. [415 ILCS 45/23.1(c)] |
| |
(Source: Amended at 41 Ill. Reg. 10172, effective July 5, 2017)
|
| |
Section 108.202
|
Administrative Citation under the EPRR Act |
| |
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. |
| |
(Source: Amended at 41 Ill. Reg. 10172, effective July 5, 2017)
|
| |
Section 108.204
|
Filing Requirements for Petition to Contest |
| |
a)
|
Who May File. The AC Recipient may file with the Board a petition to contest the AC. The AC Recipient must be named as the respondent and the Agency or Delegated Unit must be named as the complainant. |
| |
b)
|
Time to File. The petition to contest must be filed with the Board within 35 days after the date of the service of the AC. |
| |
c)
|
Additional Requirements. Additional filing and service requirements are set forth at 35 Ill. Adm. Code 101.Subpart C. |
| |
(Source: Amended at 39 Ill. Reg. 12921, effective September 8, 2015)
|
| |
Section 108.206
|
Petition Contents |
| |
A formal petition to contest must include any reasons why the AC Recipient believes the AC was improperly issued, including:
|
| |
a)
|
The AC Recipient did not cause or allow the alleged violations; |
| |
b)
|
The AC was not timely filed or properly served; or |
| |
c)
|
The alleged violation was the result of uncontrollable circumstances. |
| |
(Source: Amended at 39 Ill. Reg. 12921, effective September 8, 2015)
|
| |