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Environmental Justice Grievance Procedure
Purpose
In
compliance with 40 C.F.R., Parts 5 and 7, Section 7.90(a), the Illinois
Environmental Protection Agency has established a grievance procedure
to ensure prompt and fair resolution of complaints alleging violations
of Title VI, Section 601 of the 1964 Civil Rights Act and/or the Illinois
EPA’s Environmental
Justice Policy, in the administration of the Illinois EPA’s programs
and activities.
The grievance procedure is intended to address allegations of discrimination
on the basis of:
- Race;
- Color;
- National origin;
- Religion;
- Disability;
- Income;
- Age; or
- Gender.
The grievance procedure provides a process for filing a timely complaint
to the proper authority and describes the process that will be used to
investigate and resolve the complaint. However, the procedures do not
apply to administrative actions that are being pursued in another forum.
Submission of a Complaint
- Filing of Complaint
A person (or the authorized representative of a person) who believes
that he or she or a class of persons has been discriminated against
may file a complaint with the Illinois EPA. The complaint should:
- be in writing;
- be filed within 60 days of an alleged violation (except as otherwise
indicated in the following paragraph);
- describe with specificity the action(s) by Illinois EPA that
allegedly result in discrimination in violation of 40 C.F.R. Parts
5 and 7;
- describe with specificity the discrimination that allegedly has
occurred or will occur as the result of such action(s); and
- identify the parties impacted or potentially impacted by the
alleged discrimination.
The Illinois EPA may request additional information from the complainant,
if this information is needed to meet the complaint requirements described
above. The Illinois EPA may waive requirement two (2) in its discretion,
in order to address allegations of potential discrimination caused by
pending actions at the earliest appropriate and feasible juncture; or,
for good cause, to address complaints filed more than 60 days after
an alleged violation.
All written complaints shall be addressed to the following address:
Illinois Environmental Protection Agency
Environmental Justice Officer
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794
(888) 372-1996
Within 10 days of receiving a written complaint, Illinois EPA will
provide the complainant with written notice of receipt. At this time,
Illinois EPA may request any additional information needed to meet the
complaint requirements above. Within 10 days of receiving any additional
information, Illinois EPA will provide the complainant with written
notice that the complaint is complete.
- Determination of Jurisdiction and Investigative Merit
The Illinois EPA, based on information in the complaint and other
information available, will determine if it has jurisdiction to pursue
the matter and whether the complaint has sufficient merit to warrant
an investigation. A complaint shall be regarded as meriting investigation
unless:
- It clearly appears on its face to be frivolous or trivial;
- Within the time allotted for making the determination of jurisdiction
and investigative merit, Illinois EPA voluntarily concedes noncompliance
and agrees to take appropriate remedial action or reaches an informal
resolution with the complainant;
- Within the time allotted for making the determination of jurisdiction
and investigative merit, the complainant withdraws the complaint;
or
- It is not timely and good cause does not exist for waiving the
timing requirement under section A.2.
Disposition of Complaints
Within 120 days of accepting a written complaint, Illinois EPA will
respond in writing to the complainant with resolution.
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