Section 650.380  Notice of Non-Compliance and Time Limits

a)         A person found to be in violation of the State's soil erosion and sediment control program and standards shall have one year from the day the Notice of Violation is served to enter into a schedule for compliance. If after 11 months the violator has not entered into a schedule for compliance, a letter shall be sent by registered mail reminding the violator that only one month remains for executing a schedule for compliance before a formal hearing will be held. The letter shall include such information and shall suggest such modifications, practices, procedures, terms and conditions which will enable the person to comply with the State's program and standards.

b)         If a schedule for compliance has not been executed within one year of the date of being served a Notice of Violation or if the provisions of the schedule for compliance have not been complied with, the Department shall hold a formal hearing to determine the reasons for non-compliance. Notice shall be given by registered mail to the violator of the date, time, and place of the formal hearing to determine reasons for non-compliance to the State's program and standards or for the reasons why the schedule for compliance provisions have not been met.

(Source:  Amended at 6 Ill. Reg. 5482, effective April 15, 1982)