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Public Act 100-1080


 

Public Act 1080 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-1080
 
SB3156 EnrolledLRB100 20113 MJP 35396 b

    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 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
        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.
        (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
    (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.
        (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
    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
    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
    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
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
    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
    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,
    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
    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.

Effective Date: 8/24/2018