TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE C: WATER POLLUTION
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 380 PROCEDURE FOR THE CERTIFICATION OF OPERATORS OF WASTEWATER TREATMENT WORKS
SECTION 380.613 DIRECTOR'S DECISION


 

Section 380.613  Director's Decision

 

a)         Proposal for Decision

 

1)         When a hearing is held pursuant to Section 380.610, the Hearing Officer shall file with the Director or the Director's designee and serve upon the Agency and operator a proposal for decision within 120 days after the date of the hearing.

 

2)         If a hearing is not held, the Hearing Officer shall file with the Director or the Director's designee and serve upon the Agency and operator a proposal for decision within 45 days after the service of the complaint.

 

b)         Within 21 days after service of the proposal for decision the Agency or the Operator may file with the Director any exceptions, proposed findings of fact, or a brief.

 

c)         Director's Decision

 

1)         The Director shall make a decision on the basis of the contested case record.

 

2)         If the operator does not request a hearing, the Director shall issue a decision within 90 days after the service of the Complaint for Sanctions.

 

3)         If the operator requests a hearing, the Director shall issue a decision within one year after the last hearing date.

 

4)         If the Director determines a sanction is appropriate, the decision must state the suspension or revocation period.

 

5)         The Director shall give written notice of the decision and the reasons for the decision to the operator by certified mail.

 

(Source:  Added at 43 Ill. Reg. 5203, effective July 1, 2019)