(70 ILCS 405/41) (from Ch. 5, par. 138.8)
Sec. 41.
Complaints.
All complaints for sediment and erosion
damages shall be filed with the soil and water conservation districts or
the Department if it has jurisdiction. All complaints shall be filed on
forms provided by the soil and water conservation districts or the
Department.
Upon receipt of a properly filed complaint, the district, or the
Department if it has jurisdiction, shall notify the landowner and
occupier and seek consultation with such person or persons to determine
whether the standards of this Act are being observed. Notice of the
determination by the district board of directors shall be given to the
owner and occupier alleged to be in violation of the standards and
voluntary compliance with the standards shall be sought.
If a schedule for compliance has not been entered into within one
year of Notice of Violation, then the district board shall hold a formal
hearing on the Notice of Violation to determine the reason for
non-compliance. The district board shall publish and make available its
findings to the Department. The Department shall review the complaint
and the district board's findings and may, if in its opinion a violation
exists, hold a formal hearing to determine why standards are not being
observed. The Department shall publish and make available its findings.
(Source: P.A. 80-159.)
|