Section 1840.15  Citizens' Request for State Inspections

a)         A person may request a State inspection under Section 8.06(a) of the State Act, by furnishing to the Department a signed, written statement (or an oral report followed by a signed, written statement) giving the authorized representative of the Department reason to believe that a violation, condition, or practice of any requirement of the State Act or any permit condition required by the State Act exists and setting forth a phone number and address where the citizen can be contacted.

b)         The identity of any person supplying information to the Department relating to a possible violation or imminent danger or harm shall remain confidential with the Department if requested by that person, unless that person elects to accompany the inspector on the inspection, or unless disclosure is required under State law.

c)         If a State inspection is conducted as a result of information provided by a citizen as described in subsection (a), the citizen shall be notified as far in advance as practicable when the inspection is to occur and shall be allowed to accompany the authorized representative of the Department during the inspection.  Such person has a right of entry to, upon and through the coal exploration or surface coal mining and reclamation operation about which he or she supplied information, but only if he or she is in the presence of and is under the control, direction and supervision of the authorized representative while on the mine property.  Such right of entry does not include a right to enter buildings without consent of the person in control of the building or without a search warrant.

d)         Within ten (10) days of the State inspection or, if there is no inspection, within fifteen (15) days of receipt of the citizen's written statement, the Department shall send the citizen the following:

1)         If an inspection was made, a description of the enforcement action taken, which may consist of copies of the State inspection report and all notices of violation and cessation orders issued as a result of the inspection or an explanation of why no enforcement action was taken;

2)         If no State inspection was conducted, an explanation of the reason why; and

3)         An explanation of the citizen's right, if any, to informal review of the action or inaction of the Department under Section 1840.17.

e)         The Department shall give copies of all materials in subsections (d)(1) and (2) within the time limits specified in those subsections to the person alleged to be in violation, except that the name of the citizen shall be removed unless disclosure of the citizen's identity is permitted under subsection (b).

(Source:  Amended at 11 Ill. Reg. 8036, effective July 1, 1987)