Section 240.150  Notice of Violation

a)         When an inspector or other authorized employee or agent of the Department determines that any permittee, or any person engaged in conduct or activities required to be permitted under the Act is in violation of any requirement of this Act or the rules adopted hereunder or any permit condition, a notice of violation shall be completed and delivered to the Director of the Department or his designee, (Ill. Rev. Stat. 1988 Supp. ch. 96 1/2, par. 5413) except as provided by Section 240.140.  A person cannot be held liable under Section 240.160(d) in the absence of notice of the issuance of the underlying notice of violation.

b)         The notice of violation shall contain:

1)         a statement regarding the nature of the violation, including a citation to the specific Section of the Department's rules or Section of the Act alleged to have been violated;

2)         the suggested action needed to abate the violation including any appropriate remedial measures to prevent future violations such as replacement, repair, testing, and reworking a well and any appurtenances and equipment;

3)         the time within which the violation should be abated; and

4)         any factors known to the person completing the notice of violation in aggravation or mitigation of the fact of the violation and the existence of any factors indicating that the permit should be conditioned or modified. (Ill. Rev. Stat. 1988 Supp., ch. 96 1/2, par. 5413)

c)         The Director or his designee shall mail a copy of the notice of violation to the person or permittee charged with the violation(s).  The inspector or other employee or agent of the Department issuing the notice of violation shall deliver a copy of the notice to the person or permittee charged with the violation(s), if possible.

d)         The person or permittee charged with the violation(s) may provide the Department, in writing, any information in mitigation of the violation(s) on or before fourteen (14) days of the mailing of the notice of violation.  Such written information may include a proposed alternative to the Department's suggested action needed to abate the violation.

(Source:  Added at 14 Ill. Reg. 2317, effective January 25, 1990)