Section 3702.150  Enforcement, Administrative Order, and Judicial Action

Before requiring major modifications or breach of an existing dam, or engineering studies and surveys necessary to determine the proper design for any such remedial measures, OWR shall provide notice and opportunity for a hearing. The Director shall require breach or modification of an existing dam only upon a determination that the dam constitutes a serious threat to life or a threat of substantial property damage.  If the Director finds that major modification or removal is required, the Director will issue an order to the dam owner requiring that he take the appropriate corrective action. The order may provide that all existing OWR permits applicable to the dam be revoked.  If a dam owner fails to comply with this Part or conditions of a permit issued under this Part, or an order issued under this Part, the Director may seek appropriate judicial action to obtain compliance.

(Source:  Amended at 11 Ill. Reg. 1941, effective January 13, 1987)