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Public Act 103-0168 | ||||
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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
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
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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, or | ||
within an extended time period as agreed to by the Agency and | ||
person complained against unless the Agency agrees to an | ||
extension . The
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
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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 | ||
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
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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
violation | ||
occurred, within 60 days after receipt of notice by the person
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complained against, or within an extended time period as | ||
agreed to by the Agency and person complained against unless | ||
the Agency agrees to a postponement . At the
meeting, the | ||
Agency shall provide an opportunity for the person complained
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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 and person | ||
complained against , 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
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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
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 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 , or within a later time period not to | ||
exceed an additional 30 days 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 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 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
penalties.
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(9) The Agency's failure to respond within 30 days of | ||
receipt to a written response submitted
pursuant to | ||
subdivision (2) of this subsection (a) if a meeting is not
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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 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
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
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 | ||
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,
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
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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.
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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
against a | ||
written notice, together with a formal complaint, which shall
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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 | ||
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
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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
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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
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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) 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
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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 | ||
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
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
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 | ||
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
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the respondent to show that compliance with the Board's | ||
regulations
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. 100-1080, eff. 8-24-18.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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