Public Act 100-1080
Public Act 1080 100TH GENERAL ASSEMBLY
|
Public Act 100-1080
| | SB3156 Enrolled | LRB100 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
|
Translate
