Ill. Admin. Code tit. 35, § 103.210
Notice of Complaint
Effective Jul 5, 201741 Ill. Reg. 10032AUTHORITY: Implementing Sections 5, 7.2, 13(c), 13.3, 17.5, 22.4(a), 22.4(d), 22.7(d), 27, 28, 28.2, 29, 30, 31, 41, and 42 of the Environmental Protection Act (Act) [415 ILCS 5/5, 7.2, 13(c), 13.3, 17.5, 22.4(a), 22.4(d), 22.7(d), 27, 28, 28.2, 29, 30, 31, 41, and 42] and authorized by Sections 26 and 27 of the Act [415 ILCS 5/26 and 27].POLLUTION CONTROL BOARD
a) In addition to the notice of hearing requirements set forth in 35 Ill. Adm. Code 101, if the complainant is the Office of the Attorney General or the State's Attorney of the county in which the alleged violation occurred, the complainant must give notice of each complaint and hearing at least 21 days before the hearing to:
- 1) Any person that has complained to the Agency respecting the respondent within the six months preceding the date of the complaint; and
- 2) Any person in the county in which the offending activity occurred that has requested notice of enforcement proceedings. [415 ILCS 5/31(c)(1)]
- b) Failure to comply with the provisions of this Section may not be used as a defense to an enforcement proceeding, but any person adversely affected by the failure of compliance may upon motion to the hearing officer have the hearing postponed if prejudice is shown.
(Source: Amended at 41 Ill. Reg. 10032, effective July 5, 2017)