Illinois General Assembly - Illinois Compiled Statutes

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415 ILCS 5/31.1

(415 ILCS 5/31.1) (from Ch. 111 1/2, par. 1031.1)

Sec. 31.1. Administrative citation.

(a) The prohibitions specified in subsections (o) and (p) of
Section 21 and subsection (k) of Section 55 of this Act shall be enforceable either by administrative
citation under this Section or as otherwise provided by this Act. Violations of Sections 22.38, 22.51, and 22.51a of this Act shall be enforceable either by administrative citation under this Section or as otherwise provided by this Act.

(b) Whenever Agency personnel or personnel of a unit of local government to
which the Agency has delegated its functions pursuant to subsection (r) of
Section 4 of this Act, on the basis of direct observation, determine that any
person has violated any provision of subsection (o) or (p) of Section
21, Section 22.38, Section 22.51, Section 22.51a, or subsection (k) of Section 55 of this Act, the Agency or such unit of local government may issue and serve
an administrative citation upon such person within not more than 60 days after
the date of the observed violation.  Each such citation issued shall be served
upon the person named therein or such person's authorized agent for service of
process, and shall include the following information:

(1) a statement specifying the provisions of

subsection (o) or (p) of Section 21, Section 22.38, Section 22.51, Section 22.51a, or subsection (k) of Section 55 of which the person was observed to be in violation;

(2) a copy of the inspection report in which the

Agency or local government recorded the violation, which report shall include the date and time of inspection, and weather conditions prevailing during the inspection;

(3) the penalty imposed by subdivision (b)(4) or

(b)(4-5) of Section 42 for such violation;

(4) instructions for contesting the administrative

citation findings pursuant to this Section, including notification that the person has 35 days within which to file a petition for review before the Board to contest the administrative citation; and

(5) an affidavit by the personnel observing the

violation, attesting to their material actions and observations.

(c) The Agency or unit of local government shall file a copy of each
administrative citation served under subsection (b) of this Section with
the Board no later than 10 days after the date of service.

(d) (1) If the person named in the administrative citation fails to
petition the Board for review within 35 days from the date of service, the
Board shall adopt a final order, which shall include the administrative
citation and findings of violation as alleged in the citation, and shall impose
the penalty specified in subdivision (b)(4) or (b)(4-5) of Section 42.

(2) If a petition for review is filed before the Board to contest an
administrative citation issued under subsection (b) of this Section, the
Agency or unit of local government shall appear as a complainant at a
hearing before the Board to be conducted pursuant to Section 32 of this Act
at a time not less than 21 days after notice of such hearing has
been sent by the Board to the Agency or unit of local government and the
person named in the citation.  In such hearings, the burden of proof shall be
on the Agency or unit of local government.  If, based on the record, the Board
finds that the alleged violation occurred, it shall adopt a final order which
shall include the administrative citation and findings of violation as alleged
in the citation, and shall impose the penalty specified in subdivision (b)(4)
or (b)(4-5) of Section 42.  However, if the Board finds that the person
appealing the citation has shown that the violation resulted from
uncontrollable circumstances, the Board shall adopt a final order which makes
no finding of violation and which imposes no penalty.

(e) Sections 10-25 through 10-60 of the Illinois Administrative Procedure
Act shall not apply to any administrative citation issued under subsection (b)
of this Section.

(f) The other provisions of this Section shall not apply to a sanitary
landfill operated by a unit of local government solely for the purpose of
disposing of water and sewage treatment plant sludges, including necessary
stabilizing materials.

(g) All final orders issued and entered by the Board pursuant to this
Section shall be enforceable by injunction, mandamus or other appropriate
remedy, in accordance with Section 42 of this Act.

(Source: P.A. 102-310, eff. 8-6-21.)