Bill Text: IL SB1841 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Environmental Protection Act. Requires the Environmental Protection Agency to serve each notice of alleged violation within 90 rather than 180 days after receiving a complaint alleging a violation of the Act, any rule adopted under the Act, a permit granted by the Agency, or a condition of such a permit. Prohibits the Agency from disclosing investigative data until it has served the alleged violator with a notice of the alleged violation. Defines "investigative data". Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [SB1841 Detail]

Download: Illinois-2011-SB1841-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 SB1841 Introduced 2/9/2011, by Sen. Linda Holmes SYNOPSIS AS INTRODUCED:
415 ILCS 5/31 from Ch. 111 1/2, par. 1031
Amends the Environmental Protection Act. Requires the Environmental Protection Agency to serve each notice of alleged violation within 90 rather than 180 days after receiving a complaint alleging a violation of the Act, any rule adopted under the Act, a permit granted by the Agency, or a condition of such a permit. Prohibits the Agency from disclosing investigative data until it has served the alleged violator with a notice of the alleged violation. Defines "investigative data". Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
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 90 180 days of becoming aware of an alleged
violation of the Act or any rule adopted under the Act or
of a permit granted by the Agency or condition of the
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) notification to the person complained 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;

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(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 of 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) a proposed 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.

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(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 of 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.
(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

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violation;
(B) a proposed 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
(a) and nothing in this Section shall preclude the Agency
from proceeding pursuant to subsection (b) of this Section.
(7) Within 30 days of 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 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 a
written notice informing the person of its acceptance,

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rejection, or proposed modification to the proposed
Compliance Commitment Agreement as contained within the
written response.
(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 to a written
response submitted pursuant to subdivision (2) of this
subsection (a), if a meeting is not requested, or
subdivision (5) of this subsection (a), if a meeting is
held, within 30 days, 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 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

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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 which 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
the requirements of subsections (a) and (b) of this
Section.
(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 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

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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
filing of a formal complaint. The meeting with Agency personnel
shall be held within 30 days of 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,

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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 or the rule or
regulation or permit or term or condition thereof under
which such person is said to be in violation, and a
statement of the manner in, and the extent to which such
person is said to violate the Act or such rule or
regulation or 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

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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
subsection (c)(1) which 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

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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,
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

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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
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.
(g) Until the Agency issues and serves upon a person
complained against a written notice pursuant to subdivision

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(a)(1) of this Section informing that person that the Agency
has evidence of an alleged violation, the Agency shall not
disclose any investigative data concerning the alleged
violation of the Act, any rule adopted under the Act, a permit
granted by the Agency, or a condition of such a permit. For the
purposes of this subsection (g), "investigative data" means the
identity of an individual, data on individuals which is
non-public, and all data collected by the Agency as part of an
active investigation undertaken for the purposes set forth in
subdivision (a)(1) of this Section.
(Source: P.A. 92-574, eff. 6-26-02; 93-152, eff. 7-10-03.)
Section 99. Effective date. This Act takes effect upon
becoming law.