Bill Text: IL SB1933 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Environmental Protection Act. Allows the Environmental Protection Agency and the person complained against to agree to an extended time period to (i) submit a written response to the alleged violations and (ii) hold a requested meeting without a representative of the Office of the Attorney General or the State's Attorney of the county in which the alleged violation occurred. Provides that the Agency and the person complained against may agree to a later time period, not to exceed an additional 30 days, in which the person shall either agree to and sign the proposed Compliance Commitment Agreement or notify the Agency of the person's rejection of the proposed Compliance Commitment Agreement. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2023-06-26 - Senate Committee Amendment No. 1 Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB1933 Detail]

Download: Illinois-2023-SB1933-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1933 Introduced 2/9/2023, by Sen. Laura Ellman SYNOPSIS AS INTRODUCED:
415 ILCS 5/31 from Ch. 111 1/2, par. 1031
Amends the Environmental Protection Act. Authorizes the extension of mutually agreed deadlines for the submittal of enforcement-related items. Allows notices, responses, and other items to be submitted or served on a person complained against or the Environmental Protection Agency not only by certified mail but also by personal service or a third-party commercial carrier that requires the receipt of that document to be acknowledged with the recipient's signature. Provides that whenever a third-party commercial carrier requiring the recipient's signature is used, the date recorded by the third-party commercial carrier that the third-party commercial carrier received the item for delivery shall be deemed the date the item was submitted, and the date recorded by the third-party commercial carrier that the recipient signed for the item shall be deemed the date the item was received by the recipient. Requires records authenticated by a third-party commercial carrier to be considered competent evidence that an item was submitted or received if the item is sent by a third-party commercial carrier requiring the recipient's signature. Effective immediately.
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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 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 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

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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 or
within a later time period as agreed to by the Agency and 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 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.

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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 after receipt of notice by the person
complained against or within a later time period as agreed to
by the Agency and 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 a later
time period as agreed to by the Agency and the person
complained against 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:

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(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 (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

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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.
(7.5) Within 30 days after the receipt of the Agency's
proposed Compliance Commitment Agreement by the person
complained against or within a later time period as agreed to
by the Agency and 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

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against fails to respond to the proposed Compliance Commitment
Agreement within 30 days or within the later time period
agreed to by the Agency and the person complained against 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 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

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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 pursuant to
subdivision (5) of this subsection (a) if a meeting is held, or
within a later the time period as 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

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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 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

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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 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, or within a later time period as agreed to by the
Agency and 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 or the agreed upon 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

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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 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

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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 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

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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,
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,

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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 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

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hardship.
(f) The provisions of this Section shall not apply to
administrative citation actions commenced under Section 31.1
of this Act.
(g) Notices, responses, and other items required to be
submitted to or served on a person complained against or the
Agency by certified mail under this Section may also be served
by personal service or by a third-party commercial carrier
that requires the receipt of that document to be acknowledged
with the recipient's signature.
(h) If a third-party commercial carrier requiring the
recipient's signature is used to serve an item under
subsection (a) or (b), the date recorded by the third-party
commercial carrier that the third-party commercial carrier
received the item for delivery shall be deemed the date the
item was submitted, and the date recorded by the third-party
commercial carrier that the recipient signed for the item
shall be deemed the date the item was received by the
recipient. If an item is sent by a third-party commercial
carrier that requires the recipient's signature, a record
authenticated by the third-party commercial carrier shall be
considered competent evidence that the item was submitted or
received.
(Source: P.A. 100-1080, eff. 8-24-18.)
Section 99. Effective date. This Act takes effect upon
becoming law.