Illinois Administrative Code (Last Updated: March 27, 2024) |
TITLE35. ENVIRONMENTAL PROTECTION |
PART310. PRETREATMENT PROGRAMS |
SUBPARTI. UPSETS |
§310.905. Reviewability of Claims of Upset
Latest version.
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In the usual exercise of prosecutorial discretion, Agency enforcement personnel should review any claims that non-compliance was caused by an upset. No determinations made in the course of the review constitute final Agency action subject to judicial review. Industrial users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.
BOARD NOTE: Derived from 40 CFR 403.16(e) (2003).
(Source: Amended at 28 Ill. Reg. 3390, effective February 6, 2004)