Ill. Admin. Code tit. 35 § 856.203

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

Section 856.203 - Resolution of Disputes

a) Within 30 days of receipt of notification from the Agency pursuant to Sections 856.201 or 856.202, the operator of a site may request, in writing, reconsideration by the Agency of its determination either as to the date of commencement or cessation of operation by any type of operational unit or as to the type of operational units at the site, or both; any such writing shall include all pertinent facts and arguments in support of the request for reconsideration. Failure to timely request reconsideration shall constitute waiver of all rights to object to or appeal from the Agency's determination.

b) Within 30 days of receipt of a request for reconsideration pursuant to paragraph (a) of this Section, the Agency shall respond in writing to the request. Such written response shall constitute final Agency action for purposes of the Administrative Review Law (Ill. Reg. Stat. 1983, ch. 110, par. 3-101 et seq., as amended). Failure by the Agency to timely respond hereunder shall be deemed a denial of the request and shall also constitute final Agency action for purposes of the Administrative Review Law.

c) Neither the submission of a request for reconsideration nor an appeal from the Agency's final determination shall automatically stay the imposition of fees or the timely payment thereof in the amount established by the Agency; nothing herein shall limit the site operator's right to seek a stay.

Ill. Admin. Code tit. 35, § 856.203