Illinois General Assembly - Illinois Compiled Statutes

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415 ILCS 5/45

(415 ILCS 5/45) (from Ch. 111 1/2, par. 1045)

Sec. 45.

Injunctive and other relief.

(a) No existing civil or criminal remedy for any wrongful
action shall be excluded or impaired by this Act.  Nothing in this Act shall
be construed to limit or supersede the provisions of the Illinois Oil and
Gas Act and the powers therein granted to prevent the intrusion of water into
oil, gas or coal strata and to prevent the pollution of fresh water supplies by
oil, gas or salt water or oil field wastes, except that water quality standards
as set forth by the Pollution Control Board apply to and are effective within
the areas covered by and affected by permits issued by the Department of
Natural Resources.  However, if the Department of Natural Resources fails to
act upon any complaint within a period of 10 working days following the receipt
of a complaint by the Department, the Environmental Protection Agency may
proceed under the provisions of this Act.

(b) Any person adversely affected in fact by a violation of this Act,
any rule or regulation adopted under this Act, any permit or term or
condition of a permit, or any Board order may sue for injunctive relief
against such violation.  However, except as provided in subsections (d) and (e), no action shall be brought under this Section
until 30 days after the plaintiff has been denied relief by the Board in a
proceeding brought under subdivision (d)(1) of Section
31 of this Act.  The prevailing party shall be awarded costs and reasonable
attorneys' fees.

(c) Nothing in Section 39.4 of this Act shall limit the authority
of the Agency to proceed with enforcement under the provisions of this Act
for violations of terms and conditions of an endorsed agrichemical facility
permit, an endorsed lawncare containment permit, or this Act or regulations
hereunder caused or threatened by an agrichemical facility or a lawncare wash
water containment area, provided that prior notice is given to the Department
of Agriculture which provides that Department an opportunity to respond as
appropriate.

(d) If the State brings an action under this Act against a person
with an interest in real property upon which the person is alleged to have
allowed open dumping or open burning by a third party in violation of this
Act, which action seeks to compel the defendant to remove the waste or
otherwise clean up the site, the defendant may, in the manner provided by
law for third-party complaints, bring in as a third-party defendant a
person who with actual knowledge caused or contributed to the illegal open
dumping or open burning, or who is or may be liable for all or part of the
removal and cleanup costs.  The court may include any of the parties which
it determines to have, with actual knowledge, allowed, caused or
contributed to the illegal open dumping or open burning in any order that
it may issue to compel removal of the waste and cleanup of the site, and
may apportion the removal and cleanup costs among such parties, as it deems
appropriate. However, a person may not seek to recover any fines or civil
penalties imposed upon him under this Act from a third-party defendant in
an action brought under this subsection.

(e) A final order issued by the Board pursuant to Section 33 of this
Act may be enforced through a civil action for injunctive or other relief
instituted by a person who was a party to the Board enforcement proceeding
in which the Board issued the final order.

(Source: P.A. 92-574, eff. 6-26-02; 93-152, eff. 7-10-03.)