TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXVIII: POLLUTION CONTROL BOARD
PART 2175 ORGANIZATION, PUBLIC INFORMATION, AND TYPES OF PROCEEDINGS
SECTION 2175.320 REQUESTS FOR INFORMATION


 

Section 2175.320  Requests for Information

 

a)         Informal requests for information may be made to any Board office. Informal requests will be filled promptly upon receipt of the request. However, where a request for information maintained by the Clerk's Office is made at a Board office other than the Chicago office, some delay may be necessary to allow for the Clerk's Office to provide the material.  Inspection of documents can only take place at the Clerk's Office.

 

b)         FOIA Requests:

 

1)         A formal request for information under FOIA must state that it is a formal request under FOIA.  The formal request must be addressed to the Board's FOI officer, who:

 

A)        Notes the date the public body receives the written request;

 

B)        Computes the day on which the period for response will expire and makes a notation of that date on the written request;

 

C)        Maintains an electronic or paper copy of a written request, including all documents submitted with the request until the request has been complied with or denied; and

 

D)        Provides a copy to the Clerk's Office to create a file for the retention of the original request, a copy of the response, a record of written communications with the requester, and a copy of other communications.

 

2)         The request must be submitted in writing and may be submitted by electronic mail (PCB.FOIA@illinois.gov), fax (312-814-3669), U. S. Mail, or special carrier. 

 

3)         The Board will either comply with or deny a request for public records within 5 business days after its receipt of the request, unless the time for response is properly extended under Section 3(e) of FOIA [5 ILCS 140/3(e)].

 

4)         If denied, the requests will be denied under Section 7 and 7.5 of FOIA [5 ILCS 140/7 and 7.5].  Upon a decision to deny a request, the FOI officer shall notify the requester in writing of the decision and provide:

 

A)        The reasons for denial, including a detailed basis for the exemption claimed,

 

B)        The names and titles or positions of each person responsible for the denial,

 

C)        Information on the right to review by the Public Access Counselor, and include the address and phone number for the Public Access Counselor, and

 

D)        Information on the right to judicial review.

 

c)         Information that is immediately available on request from the Clerk's Officer, includes, but is not limited to:

 

1)         Board Meeting Agendas,

 

2)         Board Meeting Minutes,

 

3)         Board Opinions and Orders, and

 

4)         Filings in cases available in the Clerk's Office On-Line.

 

(Source:  Amended at 46 Ill. Reg. 9973, effective May 26, 2022)