Section 310.90  Impounding

a)         Authority of Department in cases constituting an immediate threat to health.  Notwithstanding any other provision of the Act, whenever the Department finds that a condition exists which constitutes an immediate threat to health due to the violation of any provisions of this Act or any code, rule, regulation or order promulgated under this Act and requiring immediate action to protect the public health or welfare, it may issue an order reciting the existence of such an immediate threat and the findings of the Department pertaining thereto.  The Department may summarily cause the abatement of such violation or may direct the Attorney General to obtain an injunction against such violator. [420 ILCS 40/38]

b)         Such order shall be effective immediately but shall include notice of the time and place of a public hearing before the Department to be held within 30 days of the date of such order to assure the justification of such order.  On the basis of such hearing the Department shall continue such order in effect, revoke it or modify it.  Any party affected by an order of the Department shall have the right to waive the public hearing proceedings. [420 ILCS 40/38]

(Source:  Amended at 23 Ill. Reg. 14454, effective January 1, 2000)