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| Public Act 100-1080
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| SB3156 Enrolled | LRB100 20113 MJP 35396 b |
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Environmental Protection Act is amended by |
changing Section 31 as follows:
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(415 ILCS 5/31) (from Ch. 111 1/2, par. 1031)
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Sec. 31. Notice; complaint; hearing.
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(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:
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(A) a notification to the person complained |
against of the requirement to
submit a written response |
addressing the violations alleged and the option to
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meet with appropriate agency personnel to resolve any |
alleged violations that
could lead to the filing of a |
formal complaint;
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(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
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(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.
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(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
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written response shall include:
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(A) information in rebuttal, explanation or |
justification of each
alleged violation;
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(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
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(C) a request for a meeting with appropriate Agency |
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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
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(a) and nothing in this Section shall preclude the Agency |
from proceeding
pursuant to subsection (b) of this Section.
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(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
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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
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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:
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(A) additional information in rebuttal, |
explanation, or justification
of each alleged |
violation;
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(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
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(C) a statement indicating that, should the person |
complained against
so wish, the person complained |
against chooses to rely upon the initial written
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response submitted pursuant to subdivision (2) of this |
subsection (a).
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(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.
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(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 |
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a later time period as agreed
to by the Agency and the |
person complained against, the Agency shall issue and
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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 |
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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 |
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 |
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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.
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(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
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penalties.
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(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 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 |
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the written response.
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(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
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violations that remain the subject of disagreement between |
the Agency and the
person complained against following |
fulfillment of the requirements of this
subsection (a).
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(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.
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(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 |
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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
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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,
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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 |
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of subsection (c) or (d) of this Section or from requesting the
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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.
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(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
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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
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Board, except as provided in Section 34 of this Act. Such |
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complaint shall
be accompanied by a notification to the |
defendant that financing may be
available, through the |
Illinois Environmental Facilities Financing Act, to
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correct such violation. A copy of such notice of such
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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
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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.
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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.
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(2) Notwithstanding the provisions of subdivision (1) |
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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).
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(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:
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(A) the person fails to take corrective action or |
eliminate the reported
violation within a reasonable |
time; or
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(B) the Agency believes that the violation poses a |
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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.
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(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
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accord with subsection (c) of this Section.
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(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
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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.
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(e) In hearings before the Board under this Title the |
burden shall
be on the Agency or other complainant to show |
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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
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would impose an arbitrary or unreasonable hardship.
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(f) The provisions of this Section shall not apply to |
administrative
citation actions commenced under Section 31.1 |
of this Act.
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(Source: P.A. 97-519, eff. 8-23-11.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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