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.