Section 900.305  Penalties

Any owner or operator who fails to file a notice of intent to construct form with the Department prior to commencing construction, upon being discovered by the Department, shall be subject to an administrative hearing by the Department.  The administrative law judge, upon determination of a failure to file the appropriate form, shall impose a civil administrative penalty in an amount no more than $1,000 and shall enter an administrative order directing that the owner or operator file the appropriate form within 10 business days after receiving notice from the Department.  If, after receiving the administrative law judge's order to file, the owner or operator fails to file the appropriate form with the Department, the Department shall impose a civil administrative penalty in an amount no less than $1,000 and no more than $2,500 and shall enter an administrative order prohibiting the operation of the facility until the owner or operator is in compliance with the Livestock Management Facilities Act [510 ILCS 77] and this Subpart.  Penalties under this Section not paid within 60 days after notice from the Department shall be submitted to the Attorney General's office or an approved private collection agency. [510 ILCS 77/11(d)]