Bill Amendment: IL SB3156 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: EPA-ENFORCEMENT

Status: 2018-08-24 - Public Act . . . . . . . . . 100-1080 [SB3156 Detail]

Download: Illinois-2017-SB3156-Senate_Amendment_001.html

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Sen. Omar Aquino

Filed: 4/13/2018

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AMENDMENT TO SENATE BILL 3156
AMENDMENT NO. ______. Amend Senate Bill 3156 by replacing
everything after the enacting clause with the following:
"Section 5. The Environmental Protection Act is amended by
changing Section 31 as follows:
(415 ILCS 5/31) (from Ch. 111 1/2, par. 1031)
Sec. 31. Notice; complaint; hearing.
(a)(1) Within 180 days after becoming aware of an alleged
violation of the Act, any rule adopted under the Act, a
permit granted by the Agency, or a condition of such a
permit, the Agency shall issue and serve, by certified
mail, upon the person complained against a written notice
informing that person that the Agency has evidence of the
alleged violation. At a minimum, the written notice shall
contain:
(A) a notification to the person complained

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against of the requirement to submit a written response
addressing the violations alleged and the option to
meet with appropriate agency personnel to resolve any
alleged violations that could lead to the filing of a
formal complaint;
(B) a detailed explanation by the Agency of the
violations alleged;
(C) an explanation by the Agency of the actions
that the Agency believes may resolve the alleged
violations, including an estimate of a reasonable time
period for the person complained against to complete
the suggested resolution; and
(D) an explanation of any alleged violation that
the Agency believes cannot be resolved without the
involvement of the Office of the Illinois Attorney
General or the State's Attorney of the county in which
the alleged violation occurred and the basis for the
Agency's belief.
(2) A written response to the violations alleged shall
be submitted to the Agency, by certified mail, within 45
days after receipt of notice by the person complained
against, unless the Agency agrees to an extension. The
written response shall include:
(A) information in rebuttal, explanation or
justification of each alleged violation;
(B) if the person complained against desires to

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enter into a Compliance Commitment Agreement, proposed
terms for a Compliance Commitment Agreement that
includes specified times for achieving each commitment
and which may consist of a statement indicating that
the person complained against believes that compliance
has been achieved; and
(C) a request for a meeting with appropriate Agency
personnel if a meeting is desired by the person
complained against.
(3) If the person complained against fails to respond
in accordance with the requirements of subdivision (2) of
this subsection (a), the failure to respond shall be
considered a waiver of the requirements of this subsection
(a) and nothing in this Section shall preclude the Agency
from proceeding pursuant to subsection (b) of this Section.
(4) A meeting requested pursuant to subdivision (2) of
this subsection (a) shall be held without a representative
of the Office of the Illinois Attorney General or the
State's Attorney of the county in which the alleged
violation occurred, within 60 days after receipt of notice
by the person complained against, unless the Agency agrees
to a postponement. At the meeting, the Agency shall provide
an opportunity for the person complained against to respond
to each alleged violation, suggested resolution, and
suggested implementation time frame, and to suggest
alternate resolutions.

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(5) If a meeting requested pursuant to subdivision (2)
of this subsection (a) is held, the person complained
against shall, within 21 days following the meeting or
within an extended time period as agreed to by the Agency,
submit by certified mail to the Agency a written response
to the alleged violations. The written response shall
include:
(A) additional information in rebuttal,
explanation, or justification of each alleged
violation;
(B) if the person complained against desires to
enter into a Compliance Commitment Agreement, proposed
terms for a Compliance Commitment Agreement that
includes specified times for achieving each commitment
and which may consist of a statement indicating that
the person complained against believes that compliance
has been achieved; and
(C) a statement indicating that, should the person
complained against so wish, the person complained
against chooses to rely upon the initial written
response submitted pursuant to subdivision (2) of this
subsection (a).
(6) If the person complained against fails to respond
in accordance with the requirements of subdivision (5) of
this subsection (a), the failure to respond shall be
considered a waiver of the requirements of this subsection

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(a) and nothing in this Section shall preclude the Agency
from proceeding pursuant to subsection (b) of this Section.
(7) Within 30 days after the Agency's receipt of a
written response submitted by the person complained
against pursuant to subdivision (2) of this subsection (a)
if a meeting is not requested or pursuant to subdivision
(5) of this subsection (a) if a meeting is held, or within
a later time period as agreed to by the Agency and the
person complained against, the Agency shall issue and
serve, by certified mail, upon the person complained
against (i) a proposed Compliance Commitment Agreement or
(ii) a notice that one or more violations cannot be
resolved without the involvement of the Office of the
Attorney General or the State's Attorney of the county in
which the alleged violation occurred and that no proposed
Compliance Commitment Agreement will be issued by the
Agency for those violations. The Agency shall include terms
and conditions in the proposed Compliance Commitment
Agreement that are, in its discretion, necessary to bring
the person complained against into compliance with the Act,
any rule adopted under the Act, any permit granted by the
Agency, or any condition of such a permit. The Agency shall
take into consideration the proposed terms for the proposed
Compliance Commitment Agreement that were provided under
subdivision (a)(2)(B) or (a)(5)(B) of this Section by the
person complained against.

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(7.5) Within 30 days after the receipt of the Agency's
proposed Compliance Commitment Agreement by the person
complained against, the person shall either (i) agree to
and sign the proposed Compliance Commitment Agreement
provided by the Agency and submit the signed Compliance
Commitment Agreement to the Agency by certified mail or
(ii) notify the Agency in writing by certified mail of the
person's rejection of the proposed Compliance Commitment
Agreement. If the person complained against fails to
respond to the proposed Compliance Commitment Agreement
within 30 days as required under this paragraph, the
proposed Compliance Commitment Agreement is deemed
rejected by operation of law. Any Compliance Commitment
Agreement entered into under item (i) of this paragraph may
be amended subsequently in writing by mutual agreement
between the Agency and the signatory to the Compliance
Commitment Agreement, the signatory's legal
representative, or the signatory's agent.
(7.6) No person shall violate the terms or conditions
of a Compliance Commitment Agreement entered into under
subdivision (a)(7.5) of this Section. Successful
completion of a Compliance Commitment Agreement or an
amended Compliance Commitment Agreement shall be a factor
to be weighed, in favor of the person completing the
Agreement, by the Office of the Illinois Attorney General
in determining whether to file a complaint for the

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violations that were the subject of the Agreement.
(7.7) Within 30 days after a Compliance Commitment
Agreement takes effect or is amended in accordance with
paragraph (7.5), the Agency shall publish a copy of the
final executed Compliance Commitment Agreement on the
Agency's website. The Agency shall maintain an Internet
database of all Compliance Commitment Agreements entered
on or after the effective date of this amendatory Act of
the 100th General Assembly. At a minimum, the database
shall be searchable by the following categories: the county
in which the facility that is subject to the Compliance
Commitment Agreement is located; the date of final
execution of the Compliance Commitment Agreement; the name
of the respondent; and the media involved, including air,
water, land, or public water supply.
(8) Nothing in this subsection (a) is intended to
require the Agency to enter into Compliance Commitment
Agreements for any alleged violation that the Agency
believes cannot be resolved without the involvement of the
Office of the Attorney General or the State's Attorney of
the county in which the alleged violation occurred, for,
among other purposes, the imposition of statutory
penalties.
(9) The Agency's failure to respond within 30 days to a
written response submitted pursuant to subdivision (2) of
this subsection (a) if a meeting is not requested or

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pursuant to subdivision (5) of this subsection (a) if a
meeting is held, or within the time period otherwise agreed
to in writing by the Agency and the person complained
against, shall be deemed an acceptance by the Agency of the
proposed terms of the Compliance Commitment Agreement for
the violations alleged in the written notice issued under
subdivision (1) of this subsection (a) as contained within
the written response.
(10) If the person complained against complies with the
terms of a Compliance Commitment Agreement accepted
pursuant to this subsection (a), the Agency shall not refer
the alleged violations which are the subject of the
Compliance Commitment Agreement to the Office of the
Illinois Attorney General or the State's Attorney of the
county in which the alleged violation occurred. However,
nothing in this subsection is intended to preclude the
Agency from continuing negotiations with the person
complained against or from proceeding pursuant to the
provisions of subsection (b) of this Section for alleged
violations that remain the subject of disagreement between
the Agency and the person complained against following
fulfillment of the requirements of this subsection (a).
(11) Nothing in this subsection (a) is intended to
preclude the person complained against from submitting to
the Agency, by certified mail, at any time, notification
that the person complained against consents to waiver of

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the requirements of subsections (a) and (b) of this
Section.
(12) The Agency shall have the authority to adopt rules
for the administration of subsection (a) of this Section.
The rules shall be adopted in accordance with the
provisions of the Illinois Administrative Procedure Act.
(b) For alleged violations that remain the subject of
disagreement between the Agency and the person complained
against following fulfillment of the requirements of
subsection (a) of this Section, and for alleged violations of
the terms or conditions of a Compliance Commitment Agreement
entered into under subdivision (a)(7.5) of this Section as well
as the alleged violations that are the subject of the
Compliance Commitment Agreement, and as a precondition to the
Agency's referral or request to the Office of the Illinois
Attorney General or the State's Attorney of the county in which
the alleged violation occurred for legal representation
regarding an alleged violation that may be addressed pursuant
to subsection (c) or (d) of this Section or pursuant to Section
42 of this Act, the Agency shall issue and serve, by certified
mail, upon the person complained against a written notice
informing that person that the Agency intends to pursue legal
action. Such notice shall notify the person complained against
of the violations to be alleged and offer the person an
opportunity to meet with appropriate Agency personnel in an
effort to resolve any alleged violations that could lead to the

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filing of a formal complaint. The meeting with Agency personnel
shall be held within 30 days after receipt of notice served
pursuant to this subsection upon the person complained against,
unless the Agency agrees to a postponement or the person
notifies the Agency that he or she will not appear at a meeting
within the 30-day time period. Nothing in this subsection is
intended to preclude the Agency from following the provisions
of subsection (c) or (d) of this Section or from requesting the
legal representation of the Office of the Illinois Attorney
General or the State's Attorney of the county in which the
alleged violations occurred for alleged violations which
remain the subject of disagreement between the Agency and the
person complained against after the provisions of this
subsection are fulfilled.
(c)(1) For alleged violations which remain the subject of
disagreement between the Agency and the person complained
against following waiver pursuant to subdivision (10) of
subsection (a) of this Section or fulfillment of the
requirements of subsections (a) and (b) of this Section,
the Office of the Illinois Attorney General or the State's
Attorney of the county in which the alleged violation
occurred shall issue and serve upon the person complained
against a written notice, together with a formal complaint,
which shall specify the provision of the Act, rule,
regulation, permit, or term or condition thereof under
which such person is said to be in violation and a

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statement of the manner in and the extent to which such
person is said to violate the Act, rule, regulation,
permit, or term or condition thereof and shall require the
person so complained against to answer the charges of such
formal complaint at a hearing before the Board at a time
not less than 21 days after the date of notice by the
Board, except as provided in Section 34 of this Act. Such
complaint shall be accompanied by a notification to the
defendant that financing may be available, through the
Illinois Environmental Facilities Financing Act, to
correct such violation. A copy of such notice of such
hearings shall also be sent to any person that has
complained to the Agency respecting the respondent within
the six months preceding the date of the complaint, and to
any person in the county in which the offending activity
occurred that has requested notice of enforcement
proceedings; 21 days notice of such hearings shall also be
published in a newspaper of general circulation in such
county. The respondent may file a written answer, and at
such hearing the rules prescribed in Sections 32 and 33 of
this Act shall apply. In the case of actual or threatened
acts outside Illinois contributing to environmental damage
in Illinois, the extraterritorial service-of-process
provisions of Sections 2-208 and 2-209 of the Code of Civil
Procedure shall apply.
With respect to notices served pursuant to this

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subsection (c)(1) that involve hazardous material or
wastes in any manner, the Agency shall annually publish a
list of all such notices served. The list shall include the
date the investigation commenced, the date notice was sent,
the date the matter was referred to the Attorney General,
if applicable, and the current status of the matter.
(2) Notwithstanding the provisions of subdivision (1)
of this subsection (c), whenever a complaint has been filed
on behalf of the Agency or by the People of the State of
Illinois, the parties may file with the Board a stipulation
and proposal for settlement accompanied by a request for
relief from the requirement of a hearing pursuant to
subdivision (1). Unless the Board, in its discretion,
concludes that a hearing will be held, the Board shall
cause notice of the stipulation, proposal and request for
relief to be published and sent in the same manner as is
required for hearing pursuant to subdivision (1) of this
subsection. The notice shall include a statement that any
person may file a written demand for hearing within 21 days
after receiving the notice. If any person files a timely
written demand for hearing, the Board shall deny the
request for relief from a hearing and shall hold a hearing
in accordance with the provisions of subdivision (1).
(3) Notwithstanding the provisions of subdivision (1)
of this subsection (c), if the Agency becomes aware of a
violation of this Act arising from, or as a result of,

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voluntary pollution prevention activities, the Agency
shall not proceed with the written notice required by
subsection (a) of this Section unless:
(A) the person fails to take corrective action or
eliminate the reported violation within a reasonable
time; or
(B) the Agency believes that the violation poses a
substantial and imminent danger to the public health or
welfare or the environment. For the purposes of this
item (B), "substantial and imminent danger" means a
danger with a likelihood of serious or irreversible
harm.
(d)(1) Any person may file with the Board a complaint,
meeting the requirements of subsection (c) of this Section,
against any person allegedly violating this Act, any rule
or regulation adopted under this Act, any permit or term or
condition of a permit, or any Board order. The complainant
shall immediately serve a copy of such complaint upon the
person or persons named therein. Unless the Board
determines that such complaint is duplicative or
frivolous, it shall schedule a hearing and serve written
notice thereof upon the person or persons named therein, in
accord with subsection (c) of this Section.
(2) Whenever a complaint has been filed by a person
other than the Attorney General or the State's Attorney,
the parties may file with the Board a stipulation and

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proposal for settlement accompanied by a request for relief
from the hearing requirement of subdivision (c)(1) of this
Section. Unless the Board, in its discretion, concludes
that a hearing should be held, no hearing on the
stipulation and proposal for settlement is required.
(e) In hearings before the Board under this Title the
burden shall be on the Agency or other complainant to show
either that the respondent has caused or threatened to cause
air or water pollution or that the respondent has violated or
threatens to violate any provision of this Act or any rule or
regulation of the Board or permit or term or condition thereof.
If such proof has been made, the burden shall be on the
respondent to show that compliance with the Board's regulations
would impose an arbitrary or unreasonable hardship.
(f) The provisions of this Section shall not apply to
administrative citation actions commenced under Section 31.1
of this Act.
(Source: P.A. 97-519, eff. 8-23-11.)
Section 99. Effective date. This Act takes effect upon
becoming law.".