September 18, 1997PEOPLE OF THE STATE OF ILLINOIS,Complainant,v.
VICTOR G.
HEUERMANN,
Respondent.
In Illinois, the Agency is the police officer in the environmental process.
Well-established Board case law holds that the Section 31(d) letter requirement is jurisdictional
and, where such notice is not given, the complaint is dismissed without prejudice to refile oncesuch notice has properly been given.
See 415
ILCS 5/31 (1996). Instead of requiring the old Section 31(d) letter as a precondition to thefiling of the complaint, revised Section 31 now sets forth a specific time-driven procedure thatthe Agency must follow when it discovers a ...
Allowed
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