(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 an extended time period as agreed to by the Agency and person complained against. 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 and person complained against, 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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(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, 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.
(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 of receipt 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
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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.
(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. 103-168, eff. 6-30-23.)
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