Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1828 - ACCESS TO PUBLIC RECORDS OF THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY › Subpart A - INTRODUCTION › Section 1828.102 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Terms not defined in this Section shall have the same meaning
				  as in the Freedom of Information Act [5 ILCS 140 ], the Environmental
				  Protection Act [415 ILCS 5 ] and regulations promulgated by the Pollution
				  Control Board. The following definitions are applicable for purposes of this
				  Part:
"Act" means the Environmental Protection Act. [415 ILCS 5
				  ]
"Agency" means the Illinois Environmental Protection Agency
				  as established by the Act.
"Board" means the Pollution Control Board as established by
				  the Act.
"Commercial purpose" means the use of any part of a public
				  record or records, or information derived from public records, in any form for
				  sale, resale, or solicitation or advertisement for sales or services. For
				  purposes of this definition, requests made by news media and non-profit,
				  scientific, or academic organizations shall not be considered to be made for a
				  "commercial purpose" when the principal purpose of the request is (i) to access
				  and disseminate information concerning news and current or passing events, (ii)
				  for articles or opinion or features of interest to the public, or (iii) for the
				  purpose of academic, scientific, or public research or education. (Section
				  2(c-10) of FOIA)
"Copying" means the reproduction of any public record by
				  means of any photographic, electronic, mechanical or other process, device or
				  means now known or hereafter developed and available to the Agency. (Section
				  2(d) of FOIA)
"Department", when a particular entity is not specified,
				  means
(i) in the case of a function to
				be performed on or after July 1, 1995 (the effective date of the Department of
				Natural Resources Act), either the Department of Natural Resources or the
				Department of Commerce and Economic Opportunity (formerly Department of
				Commerce and Community Affairs), whichever, in the specific context, is the
				successor to the Department of Energy and Natural Resources under the
				Department of Natural Resources Act; or (ii) in the case of a function
				performed before July 1, 1995, the former Illinois Department of Energy and
				Natural Resources. (Section
				3.180
				of the Act)
"Director" means the Director of the Agency.
"FOIA" means the Freedom of Information Act [5 ILCS 140
				  ].
"Governmental requester" means any officer, employee or
				  authorized representative of Illinois or of the United States concerned with
				  implementation of State or federal environmental statutes and
				  regulations.
"News media" means a newspaper or other periodical issued at
				  regular intervals, whether in print or electronic format, a news service
				  whether in print or electronic format, a radio station, a television station, a
				  television network, a community antenna television service, or a person or
				  corporation engaged in making news reels or other motion picture news for
				  public showing. (Section 2(f) of FOIA)
"Person" means any individual, corporation, partnership,
				  firm, organization or association, acting individually or as a group. (Section
				  2(b) of FOIA)
"Private information" means unique identifiers, including a
				  person's social security number, driver's license number, employee
				  identification number, biometric identifiers, personal financial information,
				  passwords or other access codes, medical records, home or personal telephone
				  numbers, and personal email addresses. Private information also includes home
				  address and personal license plates, except as otherwise provided by law or
				  when compiled without possibility of attribution to any person. (Section 2(c-5)
				  of FOIA)
"Public Access Counselor" means an individual appointed by
				  the Attorney General, who shall be an attorney licensed to practice law in the
				  State of Illinois. The Public Access Counselor's mission is to provide advice
				  and education with respect to the interpretation and implementation of FOIA and
				  the Open Meetings Act. The Public Access Counselor is responsible for carrying
				  out the duties as set forth in Section 7 of the Attorney General Act. [15 ILCS
				  205 ]
"Public body" means all legislative, executive,
				  administrative, or advisory bodies of the State, State universities and
				  colleges, counties, townships, cities, villages, incorporated towns, school
				  districts and all other municipal corporations, boards, bureaus, committees or
				  commissions of this State, any subsidiary bodies of any of the foregoing,
				  including but not limited to committees and subcommittees thereof, and a School
				  Finance Authority created under Article 1E of the School Code [105 ILCS 5 ].
				  (Section 2(a) of FOIA)
"Public records" means all records, reports, forms, writings,
				  letters, memoranda, books, papers, maps, photographs, microfilms, cards, tapes,
				  recordings, electronic data processing records, electronic communications,
				  recorded information and all other documentary materials pertaining to the
				  transaction of public business, regardless of physical form or characteristics,
				  having been prepared by or for, or having been or being used by, received by,
				  in the possession of or under the control of
the
				  Agency
. (Section 2 (c) of FOIA)
"Requester" is any person who has submitted to the Agency a
				  written request for public records.
"Submitter" means any person who provides to the Agency
				  public records that may or may not be available for public inspection.
"Unwarranted invasion of personal privacy" means the
				  disclosure of information that is highly personal or objectionable to a
				  reasonable person and in which the subject's right to privacy outweighs any
				  legitimate public interest in obtaining the information. (Section 7(1)(c) of
				  FOIA)