Illinois 2023-2024 Regular Session

Illinois House Bill HB2788 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0168
2	1		HB2788 EnrolledLRB103 29482 CPF 55877 b HB2788 Enrolled LRB103 29482 CPF 55877 b
3	2		HB2788 Enrolled LRB103 29482 CPF 55877 b
4		-	AN ACT concerning safety.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Environmental Protection Act is amended by
8		-	changing Section 31 as follows:
9		-	(415 ILCS 5/31) (from Ch. 111 1/2, par. 1031)
10		-	Sec. 31. Notice; complaint; hearing.
11		-	(a)(1) Within 180 days after becoming aware of an alleged
12		-	violation of the Act, any rule adopted under the Act, a permit
13		-	granted by the Agency, or a condition of such a permit, the
14		-	Agency shall issue and serve, by certified mail, upon the
15		-	person complained against a written notice informing that
16		-	person that the Agency has evidence of the alleged violation.
17		-	At a minimum, the written notice shall contain:
18		-	(A) a notification to the person complained against of
19		-	the requirement to submit a written response addressing
20		-	the violations alleged and the option to meet with
21		-	appropriate agency personnel to resolve any alleged
22		-	violations that could lead to the filing of a formal
23		-	complaint;
24		-	(B) a detailed explanation by the Agency of the
25		-	violations alleged;
26		-	(C) an explanation by the Agency of the actions that
	3	+	1 AN ACT concerning safety.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Environmental Protection Act is amended by
	7	+	5 changing Section 31 as follows:
	8	+	6 (415 ILCS 5/31) (from Ch. 111 1/2, par. 1031)
	9	+	7 Sec. 31. Notice; complaint; hearing.
	10	+	8 (a)(1) Within 180 days after becoming aware of an alleged
	11	+	9 violation of the Act, any rule adopted under the Act, a permit
	12	+	10 granted by the Agency, or a condition of such a permit, the
	13	+	11 Agency shall issue and serve, by certified mail, upon the
	14	+	12 person complained against a written notice informing that
	15	+	13 person that the Agency has evidence of the alleged violation.
	16	+	14 At a minimum, the written notice shall contain:
	17	+	15 (A) a notification to the person complained against of
	18	+	16 the requirement to submit a written response addressing
	19	+	17 the violations alleged and the option to meet with
	20	+	18 appropriate agency personnel to resolve any alleged
	21	+	19 violations that could lead to the filing of a formal
	22	+	20 complaint;
	23	+	21 (B) a detailed explanation by the Agency of the
	24	+	22 violations alleged;
	25	+	23 (C) an explanation by the Agency of the actions that
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33		-	the Agency believes may resolve the alleged violations,
34		-	including an estimate of a reasonable time period for the
35		-	person complained against to complete the suggested
36		-	resolution; and
37		-	(D) an explanation of any alleged violation that the
38		-	Agency believes cannot be resolved without the involvement
39		-	of the Office of the Illinois Attorney General or the
40		-	State's Attorney of the county in which the alleged
41		-	violation occurred and the basis for the Agency's belief.
42		-	(2) A written response to the violations alleged shall be
43		-	submitted to the Agency, by certified mail, within 45 days
44		-	after receipt of notice by the person complained against, or
45		-	within an extended time period as agreed to by the Agency and
46		-	person complained against unless the Agency agrees to an
47		-	extension. The written response shall include:
48		-	(A) information in rebuttal, explanation or
49		-	justification of each alleged violation;
50		-	(B) if the person complained against desires to enter
51		-	into a Compliance Commitment Agreement, proposed terms for
52		-	a Compliance Commitment Agreement that includes specified
53		-	times for achieving each commitment and which may consist
54		-	of a statement indicating that the person complained
55		-	against believes that compliance has been achieved; and
56		-	(C) a request for a meeting with appropriate Agency
57		-	personnel if a meeting is desired by the person complained
58		-	against.
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	34	+	1 the Agency believes may resolve the alleged violations,
	35	+	2 including an estimate of a reasonable time period for the
	36	+	3 person complained against to complete the suggested
	37	+	4 resolution; and
	38	+	5 (D) an explanation of any alleged violation that the
	39	+	6 Agency believes cannot be resolved without the involvement
	40	+	7 of the Office of the Illinois Attorney General or the
	41	+	8 State's Attorney of the county in which the alleged
	42	+	9 violation occurred and the basis for the Agency's belief.
	43	+	10 (2) A written response to the violations alleged shall be
	44	+	11 submitted to the Agency, by certified mail, within 45 days
	45	+	12 after receipt of notice by the person complained against, or
	46	+	13 within an extended time period as agreed to by the Agency and
	47	+	14 person complained against unless the Agency agrees to an
	48	+	15 extension. The written response shall include:
	49	+	16 (A) information in rebuttal, explanation or
	50	+	17 justification of each alleged violation;
	51	+	18 (B) if the person complained against desires to enter
	52	+	19 into a Compliance Commitment Agreement, proposed terms for
	53	+	20 a Compliance Commitment Agreement that includes specified
	54	+	21 times for achieving each commitment and which may consist
	55	+	22 of a statement indicating that the person complained
	56	+	23 against believes that compliance has been achieved; and
	57	+	24 (C) a request for a meeting with appropriate Agency
	58	+	25 personnel if a meeting is desired by the person complained
	59	+	26 against.
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61		-	(3) If the person complained against fails to respond in
62		-	accordance with the requirements of subdivision (2) of this
63		-	subsection (a), the failure to respond shall be considered a
64		-	waiver of the requirements of this subsection (a) and nothing
65		-	in this Section shall preclude the Agency from proceeding
66		-	pursuant to subsection (b) of this Section.
67		-	(4) A meeting requested pursuant to subdivision (2) of
68		-	this subsection (a) shall be held without a representative of
69		-	the Office of the Illinois Attorney General or the State's
70		-	Attorney of the county in which the alleged violation
71		-	occurred, within 60 days after receipt of notice by the person
72		-	complained against, or within an extended time period as
73		-	agreed to by the Agency and person complained against unless
74		-	the Agency agrees to a postponement. At the meeting, the
75		-	Agency shall provide an opportunity for the person complained
76		-	against to respond to each alleged violation, suggested
77		-	resolution, and suggested implementation time frame, and to
78		-	suggest alternate resolutions.
79		-	(5) If a meeting requested pursuant to subdivision (2) of
80		-	this subsection (a) is held, the person complained against
81		-	shall, within 21 days following the meeting or within an
82		-	extended time period as agreed to by the Agency and person
83		-	complained against, submit by certified mail to the Agency a
84		-	written response to the alleged violations. The written
85		-	response shall include:
86		-	(A) additional information in rebuttal, explanation,
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89		-	or justification of each alleged violation;
90		-	(B) if the person complained against desires to enter
91		-	into a Compliance Commitment Agreement, proposed terms for
92		-	a Compliance Commitment Agreement that includes specified
93		-	times for achieving each commitment and which may consist
94		-	of a statement indicating that the person complained
95		-	against believes that compliance has been achieved; and
96		-	(C) a statement indicating that, should the person
97		-	complained against so wish, the person complained against
98		-	chooses to rely upon the initial written response
99		-	submitted pursuant to subdivision (2) of this subsection
100		-	(a).
101		-	(6) If the person complained against fails to respond in
102		-	accordance with the requirements of subdivision (5) of this
103		-	subsection (a), the failure to respond shall be considered a
104		-	waiver of the requirements of this subsection (a) and nothing
105		-	in this Section shall preclude the Agency from proceeding
106		-	pursuant to subsection (b) of this Section.
107		-	(7) Within 30 days after the Agency's receipt of a written
108		-	response submitted by the person complained against pursuant
109		-	to subdivision (2) of this subsection (a) if a meeting is not
110		-	requested or pursuant to subdivision (5) of this subsection
111		-	(a) if a meeting is held, or within a later time period as
112		-	agreed to by the Agency and the person complained against, the
113		-	Agency shall issue and serve, by certified mail, upon the
114		-	person complained against (i) a proposed Compliance Commitment
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117		-	Agreement or (ii) a notice that one or more violations cannot
118		-	be resolved without the involvement of the Office of the
119		-	Attorney General or the State's Attorney of the county in
120		-	which the alleged violation occurred and that no proposed
121		-	Compliance Commitment Agreement will be issued by the Agency
122		-	for those violations. The Agency shall include terms and
123		-	conditions in the proposed Compliance Commitment Agreement
124		-	that are, in its discretion, necessary to bring the person
125		-	complained against into compliance with the Act, any rule
126		-	adopted under the Act, any permit granted by the Agency, or any
127		-	condition of such a permit. The Agency shall take into
128		-	consideration the proposed terms for the proposed Compliance
129		-	Commitment Agreement that were provided under subdivision
130		-	(a)(2)(B) or (a)(5)(B) of this Section by the person
131		-	complained against.
132		-	(7.5) Within 30 days after the receipt of the Agency's
133		-	proposed Compliance Commitment Agreement by the person
134		-	complained against, or within a later time period not to
135		-	exceed an additional 30 days as agreed to by the Agency and the
136		-	person complained against, the person shall either (i) agree
137		-	to and sign the proposed Compliance Commitment Agreement
138		-	provided by the Agency and submit the signed Compliance
139		-	Commitment Agreement to the Agency by certified mail or (ii)
140		-	notify the Agency in writing by certified mail of the person's
141		-	rejection of the proposed Compliance Commitment Agreement. If
142		-	the person complained against fails to respond to the proposed
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	70	+	1 (3) If the person complained against fails to respond in
	71	+	2 accordance with the requirements of subdivision (2) of this
	72	+	3 subsection (a), the failure to respond shall be considered a
	73	+	4 waiver of the requirements of this subsection (a) and nothing
	74	+	5 in this Section shall preclude the Agency from proceeding
	75	+	6 pursuant to subsection (b) of this Section.
	76	+	7 (4) A meeting requested pursuant to subdivision (2) of
	77	+	8 this subsection (a) shall be held without a representative of
	78	+	9 the Office of the Illinois Attorney General or the State's
	79	+	10 Attorney of the county in which the alleged violation
	80	+	11 occurred, within 60 days after receipt of notice by the person
	81	+	12 complained against, or within an extended time period as
	82	+	13 agreed to by the Agency and person complained against unless
	83	+	14 the Agency agrees to a postponement. At the meeting, the
	84	+	15 Agency shall provide an opportunity for the person complained
	85	+	16 against to respond to each alleged violation, suggested
	86	+	17 resolution, and suggested implementation time frame, and to
	87	+	18 suggest alternate resolutions.
	88	+	19 (5) If a meeting requested pursuant to subdivision (2) of
	89	+	20 this subsection (a) is held, the person complained against
	90	+	21 shall, within 21 days following the meeting or within an
	91	+	22 extended time period as agreed to by the Agency and person
	92	+	23 complained against, submit by certified mail to the Agency a
	93	+	24 written response to the alleged violations. The written
	94	+	25 response shall include:
	95	+	26 (A) additional information in rebuttal, explanation,
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145		-	Compliance Commitment Agreement within 30 days as required
146		-	under this paragraph, the proposed Compliance Commitment
147		-	Agreement is deemed rejected by operation of law. Any
148		-	Compliance Commitment Agreement entered into under item (i) of
149		-	this paragraph may be amended subsequently in writing by
150		-	mutual agreement between the Agency and the signatory to the
151		-	Compliance Commitment Agreement, the signatory's legal
152		-	representative, or the signatory's agent.
153		-	(7.6) No person shall violate the terms or conditions of a
154		-	Compliance Commitment Agreement entered into under subdivision
155		-	(a)(7.5) of this Section. Successful completion of a
156		-	Compliance Commitment Agreement or an amended Compliance
157		-	Commitment Agreement shall be a factor to be weighed, in favor
158		-	of the person completing the Agreement, by the Office of the
159		-	Illinois Attorney General in determining whether to file a
160		-	complaint for the violations that were the subject of the
161		-	Agreement.
162		-	(7.7) Within 30 days after a Compliance Commitment
163		-	Agreement takes effect or is amended in accordance with
164		-	paragraph (7.5), the Agency shall publish a copy of the final
165		-	executed Compliance Commitment Agreement on the Agency's
166		-	website. The Agency shall maintain an Internet database of all
167		-	Compliance Commitment Agreements entered on or after the
168		-	effective date of this amendatory Act of the 100th General
169		-	Assembly. At a minimum, the database shall be searchable by
170		-	the following categories: the county in which the facility
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173		-	that is subject to the Compliance Commitment Agreement is
174		-	located; the date of final execution of the Compliance
175		-	Commitment Agreement; the name of the respondent; and the
176		-	media involved, including air, water, land, or public water
177		-	supply.
178		-	(8) Nothing in this subsection (a) is intended to require
179		-	the Agency to enter into Compliance Commitment Agreements for
180		-	any alleged violation that the Agency believes cannot be
181		-	resolved without the involvement of the Office of the Attorney
182		-	General or the State's Attorney of the county in which the
183		-	alleged violation occurred, for, among other purposes, the
184		-	imposition of statutory penalties.
185		-	(9) The Agency's failure to respond within 30 days of
186		-	receipt to a written response submitted pursuant to
187		-	subdivision (2) of this subsection (a) if a meeting is not
188		-	requested or pursuant to subdivision (5) of this subsection
189		-	(a) if a meeting is held, or within the time period otherwise
190		-	agreed to in writing by the Agency and the person complained
191		-	against, shall be deemed an acceptance by the Agency of the
192		-	proposed terms of the Compliance Commitment Agreement for the
193		-	violations alleged in the written notice issued under
194		-	subdivision (1) of this subsection (a) as contained within the
195		-	written response.
196		-	(10) If the person complained against complies with the
197		-	terms of a Compliance Commitment Agreement accepted pursuant
198		-	to this subsection (a), the Agency shall not refer the alleged
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201		-	violations which are the subject of the Compliance Commitment
202		-	Agreement to the Office of the Illinois Attorney General or
203		-	the State's Attorney of the county in which the alleged
204		-	violation occurred. However, nothing in this subsection is
205		-	intended to preclude the Agency from continuing negotiations
206		-	with the person complained against or from proceeding pursuant
207		-	to the provisions of subsection (b) of this Section for
208		-	alleged violations that remain the subject of disagreement
209		-	between the Agency and the person complained against following
210		-	fulfillment of the requirements of this subsection (a).
211		-	(11) Nothing in this subsection (a) is intended to
212		-	preclude the person complained against from submitting to the
213		-	Agency, by certified mail, at any time, notification that the
214		-	person complained against consents to waiver of the
215		-	requirements of subsections (a) and (b) of this Section.
216		-	(12) The Agency shall have the authority to adopt rules
217		-	for the administration of subsection (a) of this Section. The
218		-	rules shall be adopted in accordance with the provisions of
219		-	the Illinois Administrative Procedure Act.
220		-	(b) For alleged violations that remain the subject of
221		-	disagreement between the Agency and the person complained
222		-	against following fulfillment of the requirements of
223		-	subsection (a) of this Section, and for alleged violations of
224		-	the terms or conditions of a Compliance Commitment Agreement
225		-	entered into under subdivision (a)(7.5) of this Section as
226		-	well as the alleged violations that are the subject of the
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	106	+	1 or justification of each alleged violation;
	107	+	2 (B) if the person complained against desires to enter
	108	+	3 into a Compliance Commitment Agreement, proposed terms for
	109	+	4 a Compliance Commitment Agreement that includes specified
	110	+	5 times for achieving each commitment and which may consist
	111	+	6 of a statement indicating that the person complained
	112	+	7 against believes that compliance has been achieved; and
	113	+	8 (C) a statement indicating that, should the person
	114	+	9 complained against so wish, the person complained against
	115	+	10 chooses to rely upon the initial written response
	116	+	11 submitted pursuant to subdivision (2) of this subsection
	117	+	12 (a).
	118	+	13 (6) If the person complained against fails to respond in
	119	+	14 accordance with the requirements of subdivision (5) of this
	120	+	15 subsection (a), the failure to respond shall be considered a
	121	+	16 waiver of the requirements of this subsection (a) and nothing
	122	+	17 in this Section shall preclude the Agency from proceeding
	123	+	18 pursuant to subsection (b) of this Section.
	124	+	19 (7) Within 30 days after the Agency's receipt of a written
	125	+	20 response submitted by the person complained against pursuant
	126	+	21 to subdivision (2) of this subsection (a) if a meeting is not
	127	+	22 requested or pursuant to subdivision (5) of this subsection
	128	+	23 (a) if a meeting is held, or within a later time period as
	129	+	24 agreed to by the Agency and the person complained against, the
	130	+	25 Agency shall issue and serve, by certified mail, upon the
	131	+	26 person complained against (i) a proposed Compliance Commitment
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229		-	Compliance Commitment Agreement, and as a precondition to the
230		-	Agency's referral or request to the Office of the Illinois
231		-	Attorney General or the State's Attorney of the county in
232		-	which the alleged violation occurred for legal representation
233		-	regarding an alleged violation that may be addressed pursuant
234		-	to subsection (c) or (d) of this Section or pursuant to Section
235		-	42 of this Act, the Agency shall issue and serve, by certified
236		-	mail, upon the person complained against a written notice
237		-	informing that person that the Agency intends to pursue legal
238		-	action. Such notice shall notify the person complained against
239		-	of the violations to be alleged and offer the person an
240		-	opportunity to meet with appropriate Agency personnel in an
241		-	effort to resolve any alleged violations that could lead to
242		-	the filing of a formal complaint. The meeting with Agency
243		-	personnel shall be held within 30 days after receipt of notice
244		-	served pursuant to this subsection upon the person complained
245		-	against, unless the Agency agrees to a postponement or the
246		-	person notifies the Agency that he or she will not appear at a
247		-	meeting within the 30-day time period. Nothing in this
248		-	subsection is intended to preclude the Agency from following
249		-	the provisions of subsection (c) or (d) of this Section or from
250		-	requesting the legal representation of the Office of the
251		-	Illinois Attorney General or the State's Attorney of the
252		-	county in which the alleged violations occurred for alleged
253		-	violations which remain the subject of disagreement between
254		-	the Agency and the person complained against after the
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257		-	provisions of this subsection are fulfilled.
258		-	(c)(1) For alleged violations which remain the subject of
259		-	disagreement between the Agency and the person complained
260		-	against following waiver pursuant to subdivision (10) of
261		-	subsection (a) of this Section or fulfillment of the
262		-	requirements of subsections (a) and (b) of this Section, the
263		-	Office of the Illinois Attorney General or the State's
264		-	Attorney of the county in which the alleged violation occurred
265		-	shall issue and serve upon the person complained against a
266		-	written notice, together with a formal complaint, which shall
267		-	specify the provision of the Act, rule, regulation, permit, or
268		-	term or condition thereof under which such person is said to be
269		-	in violation and a statement of the manner in and the extent to
270		-	which such person is said to violate the Act, rule,
271		-	regulation, permit, or term or condition thereof and shall
272		-	require the person so complained against to answer the charges
273		-	of such formal complaint at a hearing before the Board at a
274		-	time not less than 21 days after the date of notice by the
275		-	Board, except as provided in Section 34 of this Act. Such
276		-	complaint shall be accompanied by a notification to the
277		-	defendant that financing may be available, through the
278		-	Illinois Environmental Facilities Financing Act, to correct
279		-	such violation. A copy of such notice of such hearings shall
280		-	also be sent to any person that has complained to the Agency
281		-	respecting the respondent within the six months preceding the
282		-	date of the complaint, and to any person in the county in which
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285		-	the offending activity occurred that has requested notice of
286		-	enforcement proceedings; 21 days notice of such hearings shall
287		-	also be published in a newspaper of general circulation in
288		-	such county. The respondent may file a written answer, and at
289		-	such hearing the rules prescribed in Sections 32 and 33 of this
290		-	Act shall apply. In the case of actual or threatened acts
291		-	outside Illinois contributing to environmental damage in
292		-	Illinois, the extraterritorial service-of-process provisions
293		-	of Sections 2-208 and 2-209 of the Code of Civil Procedure
294		-	shall apply.
295		-	With respect to notices served pursuant to this subsection
296		-	(c)(1) that involve hazardous material or wastes in any
297		-	manner, the Agency shall annually publish a list of all such
298		-	notices served. The list shall include the date the
299		-	investigation commenced, the date notice was sent, the date
300		-	the matter was referred to the Attorney General, if
301		-	applicable, and the current status of the matter.
302		-	(2) Notwithstanding the provisions of subdivision (1) of
303		-	this subsection (c), whenever a complaint has been filed on
304		-	behalf of the Agency or by the People of the State of Illinois,
305		-	the parties may file with the Board a stipulation and proposal
306		-	for settlement accompanied by a request for relief from the
307		-	requirement of a hearing pursuant to subdivision (1). Unless
308		-	the Board, in its discretion, concludes that a hearing will be
309		-	held, the Board shall cause notice of the stipulation,
310		-	proposal and request for relief to be published and sent in the
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	142	+	1 Agreement or (ii) a notice that one or more violations cannot
	143	+	2 be resolved without the involvement of the Office of the
	144	+	3 Attorney General or the State's Attorney of the county in
	145	+	4 which the alleged violation occurred and that no proposed
	146	+	5 Compliance Commitment Agreement will be issued by the Agency
	147	+	6 for those violations. The Agency shall include terms and
	148	+	7 conditions in the proposed Compliance Commitment Agreement
	149	+	8 that are, in its discretion, necessary to bring the person
	150	+	9 complained against into compliance with the Act, any rule
	151	+	10 adopted under the Act, any permit granted by the Agency, or any
	152	+	11 condition of such a permit. The Agency shall take into
	153	+	12 consideration the proposed terms for the proposed Compliance
	154	+	13 Commitment Agreement that were provided under subdivision
	155	+	14 (a)(2)(B) or (a)(5)(B) of this Section by the person
	156	+	15 complained against.
	157	+	16 (7.5) Within 30 days after the receipt of the Agency's
	158	+	17 proposed Compliance Commitment Agreement by the person
	159	+	18 complained against, or within a later time period not to
	160	+	19 exceed an additional 30 days as agreed to by the Agency and the
	161	+	20 person complained against, the person shall either (i) agree
	162	+	21 to and sign the proposed Compliance Commitment Agreement
	163	+	22 provided by the Agency and submit the signed Compliance
	164	+	23 Commitment Agreement to the Agency by certified mail or (ii)
	165	+	24 notify the Agency in writing by certified mail of the person's
	166	+	25 rejection of the proposed Compliance Commitment Agreement. If
	167	+	26 the person complained against fails to respond to the proposed
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313		-	same manner as is required for hearing pursuant to subdivision
314		-	(1) of this subsection. The notice shall include a statement
315		-	that any person may file a written demand for hearing within 21
316		-	days after receiving the notice. If any person files a timely
317		-	written demand for hearing, the Board shall deny the request
318		-	for relief from a hearing and shall hold a hearing in
319		-	accordance with the provisions of subdivision (1).
320		-	(3) Notwithstanding the provisions of subdivision (1) of
321		-	this subsection (c), if the Agency becomes aware of a
322		-	violation of this Act arising from, or as a result of,
323		-	voluntary pollution prevention activities, the Agency shall
324		-	not proceed with the written notice required by subsection (a)
325		-	of this Section unless:
326		-	(A) the person fails to take corrective action or
327		-	eliminate the reported violation within a reasonable time;
328		-	or
329		-	(B) the Agency believes that the violation poses a
330		-	substantial and imminent danger to the public health or
331		-	welfare or the environment. For the purposes of this item
332		-	(B), "substantial and imminent danger" means a danger with
333		-	a likelihood of serious or irreversible harm.
334		-	(d)(1) Any person may file with the Board a complaint,
335		-	meeting the requirements of subsection (c) of this Section,
336		-	against any person allegedly violating this Act, any rule or
337		-	regulation adopted under this Act, any permit or term or
338		-	condition of a permit, or any Board order. The complainant
339	170
340	171
341		-	shall immediately serve a copy of such complaint upon the
342		-	person or persons named therein. Unless the Board determines
343		-	that such complaint is duplicative or frivolous, it shall
344		-	schedule a hearing and serve written notice thereof upon the
345		-	person or persons named therein, in accord with subsection (c)
346		-	of this Section.
347		-	(2) Whenever a complaint has been filed by a person other
348		-	than the Attorney General or the State's Attorney, the parties
349		-	may file with the Board a stipulation and proposal for
350		-	settlement accompanied by a request for relief from the
351		-	hearing requirement of subdivision (c)(1) of this Section.
352		-	Unless the Board, in its discretion, concludes that a hearing
353		-	should be held, no hearing on the stipulation and proposal for
354		-	settlement is required.
355		-	(e) In hearings before the Board under this Title the
356		-	burden shall be on the Agency or other complainant to show
357		-	either that the respondent has caused or threatened to cause
358		-	air or water pollution or that the respondent has violated or
359		-	threatens to violate any provision of this Act or any rule or
360		-	regulation of the Board or permit or term or condition
361		-	thereof. If such proof has been made, the burden shall be on
362		-	the respondent to show that compliance with the Board's
363		-	regulations would impose an arbitrary or unreasonable
364		-	hardship.
365		-	(f) The provisions of this Section shall not apply to
366		-	administrative citation actions commenced under Section 31.1
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367	174
368	175
369		-	of this Act.
370		-	(Source: P.A. 100-1080, eff. 8-24-18.)
371		-	Section 99. Effective date. This Act takes effect upon
372		-	becoming law.
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	178	+	1 Compliance Commitment Agreement within 30 days as required
	179	+	2 under this paragraph, the proposed Compliance Commitment
	180	+	3 Agreement is deemed rejected by operation of law. Any
	181	+	4 Compliance Commitment Agreement entered into under item (i) of
	182	+	5 this paragraph may be amended subsequently in writing by
	183	+	6 mutual agreement between the Agency and the signatory to the
	184	+	7 Compliance Commitment Agreement, the signatory's legal
	185	+	8 representative, or the signatory's agent.
	186	+	9 (7.6) No person shall violate the terms or conditions of a
	187	+	10 Compliance Commitment Agreement entered into under subdivision
	188	+	11 (a)(7.5) of this Section. Successful completion of a
	189	+	12 Compliance Commitment Agreement or an amended Compliance
	190	+	13 Commitment Agreement shall be a factor to be weighed, in favor
	191	+	14 of the person completing the Agreement, by the Office of the
	192	+	15 Illinois Attorney General in determining whether to file a
	193	+	16 complaint for the violations that were the subject of the
	194	+	17 Agreement.
	195	+	18 (7.7) Within 30 days after a Compliance Commitment
	196	+	19 Agreement takes effect or is amended in accordance with
	197	+	20 paragraph (7.5), the Agency shall publish a copy of the final
	198	+	21 executed Compliance Commitment Agreement on the Agency's
	199	+	22 website. The Agency shall maintain an Internet database of all
	200	+	23 Compliance Commitment Agreements entered on or after the
	201	+	24 effective date of this amendatory Act of the 100th General
	202	+	25 Assembly. At a minimum, the database shall be searchable by
	203	+	26 the following categories: the county in which the facility
	204	+
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	214	+	1 that is subject to the Compliance Commitment Agreement is
	215	+	2 located; the date of final execution of the Compliance
	216	+	3 Commitment Agreement; the name of the respondent; and the
	217	+	4 media involved, including air, water, land, or public water
	218	+	5 supply.
	219	+	6 (8) Nothing in this subsection (a) is intended to require
	220	+	7 the Agency to enter into Compliance Commitment Agreements for
	221	+	8 any alleged violation that the Agency believes cannot be
	222	+	9 resolved without the involvement of the Office of the Attorney
	223	+	10 General or the State's Attorney of the county in which the
	224	+	11 alleged violation occurred, for, among other purposes, the
	225	+	12 imposition of statutory penalties.
	226	+	13 (9) The Agency's failure to respond within 30 days of
	227	+	14 receipt to a written response submitted pursuant to
	228	+	15 subdivision (2) of this subsection (a) if a meeting is not
	229	+	16 requested or pursuant to subdivision (5) of this subsection
	230	+	17 (a) if a meeting is held, or within the time period otherwise
	231	+	18 agreed to in writing by the Agency and the person complained
	232	+	19 against, shall be deemed an acceptance by the Agency of the
	233	+	20 proposed terms of the Compliance Commitment Agreement for the
	234	+	21 violations alleged in the written notice issued under
	235	+	22 subdivision (1) of this subsection (a) as contained within the
	236	+	23 written response.
	237	+	24 (10) If the person complained against complies with the
	238	+	25 terms of a Compliance Commitment Agreement accepted pursuant
	239	+	26 to this subsection (a), the Agency shall not refer the alleged
	240	+
	241	+
	242	+
	243	+
	244	+
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	246	+
	247	+
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	249	+	HB2788 Enrolled - 8 - LRB103 29482 CPF 55877 b
	250	+	1 violations which are the subject of the Compliance Commitment
	251	+	2 Agreement to the Office of the Illinois Attorney General or
	252	+	3 the State's Attorney of the county in which the alleged
	253	+	4 violation occurred. However, nothing in this subsection is
	254	+	5 intended to preclude the Agency from continuing negotiations
	255	+	6 with the person complained against or from proceeding pursuant
	256	+	7 to the provisions of subsection (b) of this Section for
	257	+	8 alleged violations that remain the subject of disagreement
	258	+	9 between the Agency and the person complained against following
	259	+	10 fulfillment of the requirements of this subsection (a).
	260	+	11 (11) Nothing in this subsection (a) is intended to
	261	+	12 preclude the person complained against from submitting to the
	262	+	13 Agency, by certified mail, at any time, notification that the
	263	+	14 person complained against consents to waiver of the
	264	+	15 requirements of subsections (a) and (b) of this Section.
	265	+	16 (12) The Agency shall have the authority to adopt rules
	266	+	17 for the administration of subsection (a) of this Section. The
	267	+	18 rules shall be adopted in accordance with the provisions of
	268	+	19 the Illinois Administrative Procedure Act.
	269	+	20 (b) For alleged violations that remain the subject of
	270	+	21 disagreement between the Agency and the person complained
	271	+	22 against following fulfillment of the requirements of
	272	+	23 subsection (a) of this Section, and for alleged violations of
	273	+	24 the terms or conditions of a Compliance Commitment Agreement
	274	+	25 entered into under subdivision (a)(7.5) of this Section as
	275	+	26 well as the alleged violations that are the subject of the
	276	+
	277	+
	278	+
	279	+
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	282	+
	283	+
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	286	+	1 Compliance Commitment Agreement, and as a precondition to the
	287	+	2 Agency's referral or request to the Office of the Illinois
	288	+	3 Attorney General or the State's Attorney of the county in
	289	+	4 which the alleged violation occurred for legal representation
	290	+	5 regarding an alleged violation that may be addressed pursuant
	291	+	6 to subsection (c) or (d) of this Section or pursuant to Section
	292	+	7 42 of this Act, the Agency shall issue and serve, by certified
	293	+	8 mail, upon the person complained against a written notice
	294	+	9 informing that person that the Agency intends to pursue legal
	295	+	10 action. Such notice shall notify the person complained against
	296	+	11 of the violations to be alleged and offer the person an
	297	+	12 opportunity to meet with appropriate Agency personnel in an
	298	+	13 effort to resolve any alleged violations that could lead to
	299	+	14 the filing of a formal complaint. The meeting with Agency
	300	+	15 personnel shall be held within 30 days after receipt of notice
	301	+	16 served pursuant to this subsection upon the person complained
	302	+	17 against, unless the Agency agrees to a postponement or the
	303	+	18 person notifies the Agency that he or she will not appear at a
	304	+	19 meeting within the 30-day time period. Nothing in this
	305	+	20 subsection is intended to preclude the Agency from following
	306	+	21 the provisions of subsection (c) or (d) of this Section or from
	307	+	22 requesting the legal representation of the Office of the
	308	+	23 Illinois Attorney General or the State's Attorney of the
	309	+	24 county in which the alleged violations occurred for alleged
	310	+	25 violations which remain the subject of disagreement between
	311	+	26 the Agency and the person complained against after the
	312	+
	313	+
	314	+
	315	+
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	318	+
	319	+
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	322	+	1 provisions of this subsection are fulfilled.
	323	+	2 (c)(1) For alleged violations which remain the subject of
	324	+	3 disagreement between the Agency and the person complained
	325	+	4 against following waiver pursuant to subdivision (10) of
	326	+	5 subsection (a) of this Section or fulfillment of the
	327	+	6 requirements of subsections (a) and (b) of this Section, the
	328	+	7 Office of the Illinois Attorney General or the State's
	329	+	8 Attorney of the county in which the alleged violation occurred
	330	+	9 shall issue and serve upon the person complained against a
	331	+	10 written notice, together with a formal complaint, which shall
	332	+	11 specify the provision of the Act, rule, regulation, permit, or
	333	+	12 term or condition thereof under which such person is said to be
	334	+	13 in violation and a statement of the manner in and the extent to
	335	+	14 which such person is said to violate the Act, rule,
	336	+	15 regulation, permit, or term or condition thereof and shall
	337	+	16 require the person so complained against to answer the charges
	338	+	17 of such formal complaint at a hearing before the Board at a
	339	+	18 time not less than 21 days after the date of notice by the
	340	+	19 Board, except as provided in Section 34 of this Act. Such
	341	+	20 complaint shall be accompanied by a notification to the
	342	+	21 defendant that financing may be available, through the
	343	+	22 Illinois Environmental Facilities Financing Act, to correct
	344	+	23 such violation. A copy of such notice of such hearings shall
	345	+	24 also be sent to any person that has complained to the Agency
	346	+	25 respecting the respondent within the six months preceding the
	347	+	26 date of the complaint, and to any person in the county in which
	348	+
	349	+
	350	+
	351	+
	352	+
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	354	+
	355	+
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	358	+	1 the offending activity occurred that has requested notice of
	359	+	2 enforcement proceedings; 21 days notice of such hearings shall
	360	+	3 also be published in a newspaper of general circulation in
	361	+	4 such county. The respondent may file a written answer, and at
	362	+	5 such hearing the rules prescribed in Sections 32 and 33 of this
	363	+	6 Act shall apply. In the case of actual or threatened acts
	364	+	7 outside Illinois contributing to environmental damage in
	365	+	8 Illinois, the extraterritorial service-of-process provisions
	366	+	9 of Sections 2-208 and 2-209 of the Code of Civil Procedure
	367	+	10 shall apply.
	368	+	11 With respect to notices served pursuant to this subsection
	369	+	12 (c)(1) that involve hazardous material or wastes in any
	370	+	13 manner, the Agency shall annually publish a list of all such
	371	+	14 notices served. The list shall include the date the
	372	+	15 investigation commenced, the date notice was sent, the date
	373	+	16 the matter was referred to the Attorney General, if
	374	+	17 applicable, and the current status of the matter.
	375	+	18 (2) Notwithstanding the provisions of subdivision (1) of
	376	+	19 this subsection (c), whenever a complaint has been filed on
	377	+	20 behalf of the Agency or by the People of the State of Illinois,
	378	+	21 the parties may file with the Board a stipulation and proposal
	379	+	22 for settlement accompanied by a request for relief from the
	380	+	23 requirement of a hearing pursuant to subdivision (1). Unless
	381	+	24 the Board, in its discretion, concludes that a hearing will be
	382	+	25 held, the Board shall cause notice of the stipulation,
	383	+	26 proposal and request for relief to be published and sent in the
	384	+
	385	+
	386	+
	387	+
	388	+
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	390	+
	391	+
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	394	+	1 same manner as is required for hearing pursuant to subdivision
	395	+	2 (1) of this subsection. The notice shall include a statement
	396	+	3 that any person may file a written demand for hearing within 21
	397	+	4 days after receiving the notice. If any person files a timely
	398	+	5 written demand for hearing, the Board shall deny the request
	399	+	6 for relief from a hearing and shall hold a hearing in
	400	+	7 accordance with the provisions of subdivision (1).
	401	+	8 (3) Notwithstanding the provisions of subdivision (1) of
	402	+	9 this subsection (c), if the Agency becomes aware of a
	403	+	10 violation of this Act arising from, or as a result of,
	404	+	11 voluntary pollution prevention activities, the Agency shall
	405	+	12 not proceed with the written notice required by subsection (a)
	406	+	13 of this Section unless:
	407	+	14 (A) the person fails to take corrective action or
	408	+	15 eliminate the reported violation within a reasonable time;
	409	+	16 or
	410	+	17 (B) the Agency believes that the violation poses a
	411	+	18 substantial and imminent danger to the public health or
	412	+	19 welfare or the environment. For the purposes of this item
	413	+	20 (B), "substantial and imminent danger" means a danger with
	414	+	21 a likelihood of serious or irreversible harm.
	415	+	22 (d)(1) Any person may file with the Board a complaint,
	416	+	23 meeting the requirements of subsection (c) of this Section,
	417	+	24 against any person allegedly violating this Act, any rule or
	418	+	25 regulation adopted under this Act, any permit or term or
	419	+	26 condition of a permit, or any Board order. The complainant
	420	+
	421	+
	422	+
	423	+
	424	+
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	426	+
	427	+
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	430	+	1 shall immediately serve a copy of such complaint upon the
	431	+	2 person or persons named therein. Unless the Board determines
	432	+	3 that such complaint is duplicative or frivolous, it shall
	433	+	4 schedule a hearing and serve written notice thereof upon the
	434	+	5 person or persons named therein, in accord with subsection (c)
	435	+	6 of this Section.
	436	+	7 (2) Whenever a complaint has been filed by a person other
	437	+	8 than the Attorney General or the State's Attorney, the parties
	438	+	9 may file with the Board a stipulation and proposal for
	439	+	10 settlement accompanied by a request for relief from the
	440	+	11 hearing requirement of subdivision (c)(1) of this Section.
	441	+	12 Unless the Board, in its discretion, concludes that a hearing
	442	+	13 should be held, no hearing on the stipulation and proposal for
	443	+	14 settlement is required.
	444	+	15 (e) In hearings before the Board under this Title the
	445	+	16 burden shall be on the Agency or other complainant to show
	446	+	17 either that the respondent has caused or threatened to cause
	447	+	18 air or water pollution or that the respondent has violated or
	448	+	19 threatens to violate any provision of this Act or any rule or
	449	+	20 regulation of the Board or permit or term or condition
	450	+	21 thereof. If such proof has been made, the burden shall be on
	451	+	22 the respondent to show that compliance with the Board's
	452	+	23 regulations would impose an arbitrary or unreasonable
	453	+	24 hardship.
	454	+	25 (f) The provisions of this Section shall not apply to
	455	+	26 administrative citation actions commenced under Section 31.1
	456	+
	457	+
	458	+
	459	+
	460	+
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	462	+
	463	+
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	466	+	1 of this Act.
	467	+	2 (Source: P.A. 100-1080, eff. 8-24-18.)
	468	+	3 Section 99. Effective date. This Act takes effect upon
	469	+	4 becoming law.
	470	+
	471	+
	472	+
	473	+
	474	+
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