FOIA

Freedom of Information Act (FOIA)

Frequently Asked Questions (FAQs)

What is FOIA?

FOIA is the Illinois Freedom of Information Act (FOIA). Under the Illinois Freedom of Information Act (5 ILCS 140), records in possession of public agencies may be accessed by the public upon written request. Pursuant to 5 ILCS 140, Section 2(c), a public record is any records, reports, forms, writings, letters, memoranda, books, papers, maps, photographs, cards, tapes, recordings, electronic data processing records, recorded information and all other documentary materials, regardless of physical form or characteristics, having been prepared, or having been or being used, received, possessed or under the control of any public body. Records that are not subject to release via the FOIA process include confidential and trade secret information. These records are defined in 2 Ill. Adm. Code 1828.202.

What is the FOIA request process?

Effective January 1, 2000, The Illinois EPA has rules (2 Ill. Adm. Code 1828) regulating the submittal of requests for information pursuant to FOIA. These rules include definitions, procedures for requesting public records, time frame for responding to requests, procedures regarding exemption from public disclosure, appeal rights and a revised fee schedule for the duplication of public records.

How can I submit a FOIA request?

FOIA requests may be submitted by any of the following methods: use of the Internet FOIA web form, Fax, US Mail or special carrier (UPS, FedEx, etc).

To whom do I submit my FOIA request?

The Illinois EPA has sfive FOIA sectors that operate and respond to FOIA requests. You are encouraged to submit your request through the FOIA web form to ensure that your request is your request will be routed to the appropriate FOIA sector, or sectors, for processing. Any follow-up inquiries that you may have on the status of your request, on-site record review appointments, record duplication fees or copy contractor questions should be directed to the appropriate FOIA contact person.

FOIA requests that are sent via Fax, U.S. Mail or special carrier should be directed to the appropriate sector contact. If requests are being submitted to more than one FOIA sector, please indicate in the request the sectors that will be receiving the request.

What are the Illinois EPA FOIA Sectors?

The Illinois EPA FOIA sectors and appropriate contact persons can be found here.

What information is to be included in my FOIA request?

By using the FOIA web form to submit your request; you will be prompted to include the information necessary to process your request. The online request form will conveniently guide you through completing the request and help to ensure that the request is complete and focused. By using the online form, your request will automatically be directed to the appropriate FOIA sector avoiding delays in mailing and routing paper requests.

If you submit your request by Fax, US Mail or special carrier, the request should state that you are requesting the information under the Freedom of Information Act and must clearly describe the information being sought. Information provided should include facility name, addresses (street address, city, etc.), additional location description, any identification numbers associated with the site (incident number, permit number, Agency ID number, Bureau specific ID numbers, etc.), and any other information that will assist Illinois EPA staff in locating the specific information requested. Also include the specific Agency FOIA Sector from which you are requesting information.

Illinois EPA files are very extensive, so it is important that requests be as specific as possible. A focused, specific request will avoid any unnecessary delays and insure that it can be processed in a timely manner and avoid any unnecessary copying fees. Each request must also include full contact information for the requestor, including name, organization, mailing address, email address, fax number and daytime phone number.

What happens after I submit my FOIA request?

All requests are processed in the order in which they are received. The Agency will respond within seven working days of receipt of the request. A seven-day extension is allowed with written notification to the requestor (2 Ill. Adm. Code 1828.501).

If the requested records are 400 pages, or less, in length, the pages will be copied and mailed to the requestor. If the records are more then 400 pages in length, the requestor will be notified and advised of options for viewing or copying the files. Those options include:

1. scheduling an on-site review of the records at Illinois EPA Headquarters in Springfield,
2. hiring of a service by the requestor to copy the files, or
3. notification of the estimated fees that will be incurred by the requester so that a guarantee of payment can be made by the requester before the Agency copies the files and mails them to the requester (no information will be sent until receipt of payment).

Requestors will also be given the opportunity to narrow the scope of their request so that it includes less than 400 pages of material.

Is there a fee associated with a FOIA request?

If the requested information is 400 pages, or less, the pages will be copied and mailed to the requestor at not cost. Different fees for other media (e.g., microfilm) may also be assessed. If the information requested is greater than 400 pages, there will be a charge of $0.25 per page.

Fees may be waived or reduced under certain circumstances. In general, the waiver or reduction of fees will be granted when it is determined to be in the public interest to do so (2 Ill. Adm. Code, Section 1828.603). If a fee is required, information will not be released until the fee is paid in full.

Is there a process to appeal Agency decisions?

If all or part of the information you requested was denied, the provisions for appealing the Agency's decision are found at 2 Ill. Adm. Code 1828.505.