What is an Illinois Pollution Control Board complaint and how do you contest it?
The answer is not as simple as one might hope.
If you operate a commercial business that deals in construction or land and water management, then there’s a chance that you have received a complaint from the Illinois Pollution Control Board (IPCB).
The Illinois Pollution Control Board, or IPCB, was established to enforce the Illinois Environmental Protection Act, or IEPA. The Board has authority to adopt environmental standards and regulations and to adjudicate contested cases arising from the IEPA and related regulations.
The Board conducts hearings and may issue fines against businesses if it finds conclusive evidence of a violation.
There are various types of complaints that can be brought against a business through the IPCB. One type of complaint is an Enforcement Complaint, and these can be brought by any person. The complaints are filed with the IPCB ostensibly to enforce various environmental rules related to environmental contamination, land regulations or permit compliance.
If your business has been served with an Enforcement Complaint, regardless of how frivolous the allegations may seem, it is important to take immediate action to protect your rights and interests. You will need to engage legal representation right away. Under Illinois law, a business entity must be represented by an attorney during an IPCB matter.
Additionally, an attorney will be able to determine if the complaint contains adequate evidence and information supporting the complainant’s claims and whether a motion to dismiss the complaint is appropriate.
If you do not file a motion to dismiss or if the motion is denied, you will be required to attend a hearing. At the hearing, your attorney will have the opportunity to present evidence and argue your case. It is important to be prepared and to have all your evidence and witnesses ready.
If your business has been served with an Enforcement Complaint, it is important to take immediate action to protect your business’ rights and interests. Do not hesitate to reach out to 1818 for a free consultation.
The information in this blog post is provided for informational purposes only and is not intended to be legal advice. You should not make a decision whether or not to contact an attorney based upon the information in this blog post. No attorney-client relationship is formed nor should any such relationship be implied. If you require legal advice, please consult with an attorney licensed to practice in your jurisdiction.
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