Section 460.240  Supervision and Enforcement

Inspectors (as defined in Section 460.110) have the responsibility:

a)         To monitor OTS and OPETCs and to enforce this Part.

b)         To approve or deny applications for Official Testing Station Permits, Official Portable Diesel Emissions Permits, and CDET certificates.

c)         To conduct written and proficiency tests for persons applying to become a CDET.  (See Section 460.230 for testing standards and procedures.)  To conduct tests for persons who require testing, e.g., not performing a minimum of 10% of diesel emission inspections annually.

d)         To complete surveys at business locations applying for an Official Testing Station Permit or Official Portable Diesel Emissions Permit (see Section 460.230(b)).

e)         To inspect diesel emission inspection equipment for cleanliness, operability and accuracy.

f)         To require the Owner to cease performing diesel emission inspections when diesel emission inspection equipment is totally or partially inoperative or inaccurate.  An Inspector must approve the condition of the equipment (i.e., operating as intended by the manufacturer) before the OTS or OPETC may reopen for diesel emission inspections.

g)         To instruct Owners and CDET's in the proper method of completing forms and reports used in diesel emission inspection procedures.

h)         To inspect forms required to be posted, completed and filed for cleanliness, legibility, and accuracy.

i)          To determine whether diesel emission inspections are performed in accordance with this Part.

j)          To have access to all records and supplies that are the property of and furnished by the Department.

k)         To inspect the OTS's or OPETC's copy of this Part for completeness and availability.

l)          To audit all inspection forms and printer tapes (if applicable) generated during diesel emission inspections for accuracy, completeness, legibility and proper filing order.

m)        To inspect validation certificates at the OTS or OPETC for numerical sequence and storage security.  To check the Owner's method of accountability for all diesel emission inspection supplies issued by the Department.

n)         To investigate all complaints against an OTS, OPETC, or a CDET. [625 ILCS 5/13-107]

o)         To monitor OTS and OPETC procedures used in conducting diesel emission inspections through the use of both official marked and unmarked vehicles.  Monitoring conducted in marked State vehicles includes unannounced routine inspections by an Inspector to check records for proper filing and completion and diesel emission inspection equipment for proper calibration and operation as authorized by Section 13-105 and Section 13-105.1 of the Code , and to administer tests to prospective CDETs or those CDETs required to be retested.  Monitoring conducted in unmarked vehicles includes unannounced investigations by Department personnel to determine if an OTS or OPETC is performing diesel emission inspections in accordance with this Part as authorized by Section 13-107 of the Law [625 ILCS 5/13-107].

p)         To ensure compliance with goals for this program by issuing warning tickets or citations/complaints to Official Testing Station Permit or Official Portable Diesel Emissions Permit holders and their employees for alleged infractions of 625 ILCS 5/Ch. 13 and this Part.  The charges as outlined in the citation(s) will be adjudicated at an administrative hearing (see 625 ILCS 5/13-108 and 92 Ill. Adm. Code 450).  The Secretary will determine whether the OTS or OPETC has committed a violation after careful evaluation of the evidence presented at such hearing.  If a determination of a violation is made, the Secretary will assess penalties for violations alleged on the citation/complaints.  (See 92 Ill. Adm. Code 451.70(j) for penalty guidelines.)

q)         To require that the Owner cease diesel emission inspections and reinspections upon suspension or revocation of diesel emission inspection testing privileges, as outlined in subsection (p).  Permit(s) and diesel emission inspection supplies will be removed from the facility for the period of suspension or permanently upon revocation.

(Source:  Amended at 48 Ill. Reg. 16576, effective October 29, 2024)