Ill. Admin. Code tit. 35 § 108.201

Current through Register Vol. 48, No. 49, December 6, 2024

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) ]

Ill. Admin. Code tit. 35, § 108.201

Added at 39 Ill. Reg. 12921, effective 9/8/2015

Amended at 41 Ill. Reg. 10172, effective 7/5/2017