Ill. Admin. Code tit. 35 § 310.905
Current through Register Vol. 48, No. 49, December 6, 2024
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.
Ill. Admin. Code tit. 35, § 310.905
Amended at 28 Ill. Reg. 3390, effective February 6, 2004
BOARD NOTE: Derived from 40 CFR 403.16(e) (2003).