Ill. Admin. Code tit. 35, § 310.905 - Reviewability of Claims of Upset
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.
Notes
Amended at 28 Ill. Reg. 3390, effective February 6, 2004
BOARD NOTE: Derived from 40 CFR 403.16(e) (2003).
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