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Illinois Senate Bill SB1841

Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1841 Compare Versions

Only one version of the bill is available at this time.
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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1841 Introduced 2/5/2025, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED: 415 ILCS 5/31 from Ch. 111 1/2, par. 1031 Amends the Environmental Protection Act. Provides an exception for alleged violations which remain the subject of disagreement between the Agency and the person complained against following waiver pursuant to certain provisions or fulfillment of the requirements of certain provisions if the person so complained against has made a reasonable effort to remedy the violation, as determined by the Agency. Provides that any violation from January 1, 2023, until January 1, 2024, brought by the Office of the Attorney General shall be reviewed within 30 days of the effective date of the amendatory Act for compliance with the changes made by the amendatory Act if the violation occurred in a municipality with a population larger than 900, but smaller than 1,100. Effective immediately. LRB104 10648 BDA 20725 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1841 Introduced 2/5/2025, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED: 415 ILCS 5/31 from Ch. 111 1/2, par. 1031 415 ILCS 5/31 from Ch. 111 1/2, par. 1031 Amends the Environmental Protection Act. Provides an exception for alleged violations which remain the subject of disagreement between the Agency and the person complained against following waiver pursuant to certain provisions or fulfillment of the requirements of certain provisions if the person so complained against has made a reasonable effort to remedy the violation, as determined by the Agency. Provides that any violation from January 1, 2023, until January 1, 2024, brought by the Office of the Attorney General shall be reviewed within 30 days of the effective date of the amendatory Act for compliance with the changes made by the amendatory Act if the violation occurred in a municipality with a population larger than 900, but smaller than 1,100. Effective immediately. LRB104 10648 BDA 20725 b LRB104 10648 BDA 20725 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1841 Introduced 2/5/2025, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED:
33 415 ILCS 5/31 from Ch. 111 1/2, par. 1031 415 ILCS 5/31 from Ch. 111 1/2, par. 1031
44 415 ILCS 5/31 from Ch. 111 1/2, par. 1031
55 Amends the Environmental Protection Act. Provides an exception for alleged violations which remain the subject of disagreement between the Agency and the person complained against following waiver pursuant to certain provisions or fulfillment of the requirements of certain provisions if the person so complained against has made a reasonable effort to remedy the violation, as determined by the Agency. Provides that any violation from January 1, 2023, until January 1, 2024, brought by the Office of the Attorney General shall be reviewed within 30 days of the effective date of the amendatory Act for compliance with the changes made by the amendatory Act if the violation occurred in a municipality with a population larger than 900, but smaller than 1,100. Effective immediately.
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1111 1 AN ACT concerning safety.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Environmental Protection Act is amended by
1515 5 changing Section 31 as follows:
1616 6 (415 ILCS 5/31) (from Ch. 111 1/2, par. 1031)
1717 7 Sec. 31. Notice; complaint; hearing.
1818 8 (a)(1) Within 180 days after becoming aware of an alleged
1919 9 violation of this Act, any rule adopted under this Act, a
2020 10 permit granted by the Agency, or a condition of such a permit,
2121 11 the Agency shall issue and serve, by certified mail, upon the
2222 12 person complained against a written notice informing that
2323 13 person that the Agency has evidence of the alleged violation.
2424 14 At a minimum, the written notice shall contain:
2525 15 (A) a notification to the person complained against of
2626 16 the requirement to submit a written response addressing
2727 17 the violations alleged and the option to meet with
2828 18 appropriate agency personnel to resolve any alleged
2929 19 violations that could lead to the filing of a formal
3030 20 complaint;
3131 21 (B) a detailed explanation by the Agency of the
3232 22 violations alleged;
3333 23 (C) an explanation by the Agency of the actions that
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3737 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1841 Introduced 2/5/2025, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED:
3838 415 ILCS 5/31 from Ch. 111 1/2, par. 1031 415 ILCS 5/31 from Ch. 111 1/2, par. 1031
3939 415 ILCS 5/31 from Ch. 111 1/2, par. 1031
4040 Amends the Environmental Protection Act. Provides an exception for alleged violations which remain the subject of disagreement between the Agency and the person complained against following waiver pursuant to certain provisions or fulfillment of the requirements of certain provisions if the person so complained against has made a reasonable effort to remedy the violation, as determined by the Agency. Provides that any violation from January 1, 2023, until January 1, 2024, brought by the Office of the Attorney General shall be reviewed within 30 days of the effective date of the amendatory Act for compliance with the changes made by the amendatory Act if the violation occurred in a municipality with a population larger than 900, but smaller than 1,100. Effective immediately.
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4343 A BILL FOR
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6868 1 the Agency believes may resolve the alleged violations,
6969 2 including an estimate of a reasonable time period for the
7070 3 person complained against to complete the suggested
7171 4 resolution; and
7272 5 (D) an explanation of any alleged violation that the
7373 6 Agency believes cannot be resolved without the involvement
7474 7 of the Office of the Illinois Attorney General or the
7575 8 State's Attorney of the county in which the alleged
7676 9 violation occurred and the basis for the Agency's belief.
7777 10 (2) A written response to the violations alleged shall be
7878 11 submitted to the Agency, by certified mail, within 45 days
7979 12 after receipt of notice by the person complained against, or
8080 13 within an extended time period as agreed to by the Agency and
8181 14 person complained against. The written response shall include:
8282 15 (A) information in rebuttal, explanation, or
8383 16 justification of each alleged violation;
8484 17 (B) if the person complained against desires to enter
8585 18 into a Compliance Commitment Agreement, proposed terms for
8686 19 a Compliance Commitment Agreement that includes specified
8787 20 times for achieving each commitment and which may consist
8888 21 of a statement indicating that the person complained
8989 22 against believes that compliance has been achieved; and
9090 23 (C) a request for a meeting with appropriate Agency
9191 24 personnel if a meeting is desired by the person complained
9292 25 against.
9393 26 (3) If the person complained against fails to respond in
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104104 1 accordance with the requirements of subdivision (2) of this
105105 2 subsection (a), the failure to respond shall be considered a
106106 3 waiver of the requirements of this subsection (a) and nothing
107107 4 in this Section shall preclude the Agency from proceeding
108108 5 pursuant to subsection (b) of this Section.
109109 6 (4) A meeting requested pursuant to subdivision (2) of
110110 7 this subsection (a) shall be held without a representative of
111111 8 the Office of the Illinois Attorney General or the State's
112112 9 Attorney of the county in which the alleged violation
113113 10 occurred, within 60 days after receipt of notice by the person
114114 11 complained against, or within an extended time period as
115115 12 agreed to by the Agency and person complained against. At the
116116 13 meeting, the Agency shall provide an opportunity for the
117117 14 person complained against to respond to each alleged
118118 15 violation, suggested resolution, and suggested implementation
119119 16 time frame, and to suggest alternate resolutions.
120120 17 (5) If a meeting requested pursuant to subdivision (2) of
121121 18 this subsection (a) is held, the person complained against
122122 19 shall, within 21 days following the meeting or within an
123123 20 extended time period as agreed to by the Agency and person
124124 21 complained against, submit by certified mail to the Agency a
125125 22 written response to the alleged violations. The written
126126 23 response shall include:
127127 24 (A) additional information in rebuttal, explanation,
128128 25 or justification of each alleged violation;
129129 26 (B) if the person complained against desires to enter
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140140 1 into a Compliance Commitment Agreement, proposed terms for
141141 2 a Compliance Commitment Agreement that includes specified
142142 3 times for achieving each commitment and which may consist
143143 4 of a statement indicating that the person complained
144144 5 against believes that compliance has been achieved; and
145145 6 (C) a statement indicating that, should the person
146146 7 complained against so wish, the person complained against
147147 8 chooses to rely upon the initial written response
148148 9 submitted pursuant to subdivision (2) of this subsection
149149 10 (a).
150150 11 (6) If the person complained against fails to respond in
151151 12 accordance with the requirements of subdivision (5) of this
152152 13 subsection (a), the failure to respond shall be considered a
153153 14 waiver of the requirements of this subsection (a) and nothing
154154 15 in this Section shall preclude the Agency from proceeding
155155 16 pursuant to subsection (b) of this Section.
156156 17 (7) Within 30 days after the Agency's receipt of a written
157157 18 response submitted by the person complained against pursuant
158158 19 to subdivision (2) of this subsection (a) if a meeting is not
159159 20 requested or pursuant to subdivision (5) of this subsection
160160 21 (a) if a meeting is held, or within a later time period as
161161 22 agreed to by the Agency and the person complained against, the
162162 23 Agency shall issue and serve, by certified mail, upon the
163163 24 person complained against (i) a proposed Compliance Commitment
164164 25 Agreement or (ii) a notice that one or more violations cannot
165165 26 be resolved without the involvement of the Office of the
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176176 1 Attorney General or the State's Attorney of the county in
177177 2 which the alleged violation occurred and that no proposed
178178 3 Compliance Commitment Agreement will be issued by the Agency
179179 4 for those violations. The Agency shall include terms and
180180 5 conditions in the proposed Compliance Commitment Agreement
181181 6 that are, in its discretion, necessary to bring the person
182182 7 complained against into compliance with the Act, any rule
183183 8 adopted under the Act, any permit granted by the Agency, or any
184184 9 condition of such a permit. The Agency shall take into
185185 10 consideration the proposed terms for the proposed Compliance
186186 11 Commitment Agreement that were provided under subdivision
187187 12 (a)(2)(B) or (a)(5)(B) of this Section by the person
188188 13 complained against.
189189 14 (7.5) Within 30 days after the receipt of the Agency's
190190 15 proposed Compliance Commitment Agreement by the person
191191 16 complained against, or within a later time period not to
192192 17 exceed an additional 30 days as agreed to by the Agency and the
193193 18 person complained against, the person shall either (i) agree
194194 19 to and sign the proposed Compliance Commitment Agreement
195195 20 provided by the Agency and submit the signed Compliance
196196 21 Commitment Agreement to the Agency by certified mail or (ii)
197197 22 notify the Agency in writing by certified mail of the person's
198198 23 rejection of the proposed Compliance Commitment Agreement. If
199199 24 the person complained against fails to respond to the proposed
200200 25 Compliance Commitment Agreement within 30 days as required
201201 26 under this paragraph, the proposed Compliance Commitment
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212212 1 Agreement is deemed rejected by operation of law. Any
213213 2 Compliance Commitment Agreement entered into under item (i) of
214214 3 this paragraph may be amended subsequently in writing by
215215 4 mutual agreement between the Agency and the signatory to the
216216 5 Compliance Commitment Agreement, the signatory's legal
217217 6 representative, or the signatory's agent.
218218 7 (7.6) No person shall violate the terms or conditions of a
219219 8 Compliance Commitment Agreement entered into under subdivision
220220 9 (a)(7.5) of this Section. Successful completion of a
221221 10 Compliance Commitment Agreement or an amended Compliance
222222 11 Commitment Agreement shall be a factor to be weighed, in favor
223223 12 of the person completing the Agreement, by the Office of the
224224 13 Illinois Attorney General in determining whether to file a
225225 14 complaint for the violations that were the subject of the
226226 15 Agreement.
227227 16 (7.7) Within 30 days after a Compliance Commitment
228228 17 Agreement takes effect or is amended in accordance with
229229 18 paragraph (7.5), the Agency shall publish a copy of the final
230230 19 executed Compliance Commitment Agreement on the Agency's
231231 20 website. The Agency shall maintain an Internet database of all
232232 21 Compliance Commitment Agreements entered on or after August
233233 22 24, 2018 (the effective date of Public Act 100-1080). At a
234234 23 minimum, the database shall be searchable by the following
235235 24 categories: the county in which the facility that is subject
236236 25 to the Compliance Commitment Agreement is located; the date of
237237 26 final execution of the Compliance Commitment Agreement; the
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248248 1 name of the respondent; and the media involved, including air,
249249 2 water, land, or public water supply.
250250 3 (8) Nothing in this subsection (a) is intended to require
251251 4 the Agency to enter into Compliance Commitment Agreements for
252252 5 any alleged violation that the Agency believes cannot be
253253 6 resolved without the involvement of the Office of the Attorney
254254 7 General or the State's Attorney of the county in which the
255255 8 alleged violation occurred, for, among other purposes, the
256256 9 imposition of statutory penalties.
257257 10 (9) The Agency's failure to respond within 30 days of
258258 11 receipt to a written response submitted pursuant to
259259 12 subdivision (2) of this subsection (a) if a meeting is not
260260 13 requested or pursuant to subdivision (5) of this subsection
261261 14 (a) if a meeting is held, or within the time period otherwise
262262 15 agreed to in writing by the Agency and the person complained
263263 16 against, shall be deemed an acceptance by the Agency of the
264264 17 proposed terms of the Compliance Commitment Agreement for the
265265 18 violations alleged in the written notice issued under
266266 19 subdivision (1) of this subsection (a) as contained within the
267267 20 written response.
268268 21 (10) If the person complained against complies with the
269269 22 terms of a Compliance Commitment Agreement accepted pursuant
270270 23 to this subsection (a), the Agency shall not refer the alleged
271271 24 violations which are the subject of the Compliance Commitment
272272 25 Agreement to the Office of the Illinois Attorney General or
273273 26 the State's Attorney of the county in which the alleged
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284284 1 violation occurred. However, nothing in this subsection is
285285 2 intended to preclude the Agency from continuing negotiations
286286 3 with the person complained against or from proceeding pursuant
287287 4 to the provisions of subsection (b) of this Section for
288288 5 alleged violations that remain the subject of disagreement
289289 6 between the Agency and the person complained against following
290290 7 fulfillment of the requirements of this subsection (a).
291291 8 (11) Nothing in this subsection (a) is intended to
292292 9 preclude the person complained against from submitting to the
293293 10 Agency, by certified mail, at any time, notification that the
294294 11 person complained against consents to waiver of the
295295 12 requirements of subsections (a) and (b) of this Section.
296296 13 (12) The Agency shall have the authority to adopt rules
297297 14 for the administration of this subsection (a). The rules shall
298298 15 be adopted in accordance with the provisions of the Illinois
299299 16 Administrative Procedure Act.
300300 17 (b) For alleged violations that remain the subject of
301301 18 disagreement between the Agency and the person complained
302302 19 against following fulfillment of the requirements of
303303 20 subsection (a) of this Section, and for alleged violations of
304304 21 the terms or conditions of a Compliance Commitment Agreement
305305 22 entered into under subdivision (a)(7.5) of this Section as
306306 23 well as the alleged violations that are the subject of the
307307 24 Compliance Commitment Agreement, and as a precondition to the
308308 25 Agency's referral or request to the Office of the Illinois
309309 26 Attorney General or the State's Attorney of the county in
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320320 1 which the alleged violation occurred for legal representation
321321 2 regarding an alleged violation that may be addressed pursuant
322322 3 to subsection (c) or (d) of this Section or pursuant to Section
323323 4 42 of this Act, the Agency shall issue and serve, by certified
324324 5 mail, upon the person complained against a written notice
325325 6 informing that person that the Agency intends to pursue legal
326326 7 action. Such notice shall notify the person complained against
327327 8 of the violations to be alleged and offer the person an
328328 9 opportunity to meet with appropriate Agency personnel in an
329329 10 effort to resolve any alleged violations that could lead to
330330 11 the filing of a formal complaint. The meeting with Agency
331331 12 personnel shall be held within 30 days after receipt of notice
332332 13 served pursuant to this subsection upon the person complained
333333 14 against, unless the Agency agrees to a postponement or the
334334 15 person notifies the Agency that he or she will not appear at a
335335 16 meeting within the 30-day time period. Nothing in this
336336 17 subsection is intended to preclude the Agency from following
337337 18 the provisions of subsection (c) or (d) of this Section or from
338338 19 requesting the legal representation of the Office of the
339339 20 Illinois Attorney General or the State's Attorney of the
340340 21 county in which the alleged violations occurred for alleged
341341 22 violations which remain the subject of disagreement between
342342 23 the Agency and the person complained against after the
343343 24 provisions of this subsection are fulfilled.
344344 25 (c)(1) For alleged violations which remain the subject of
345345 26 disagreement between the Agency and the person complained
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356356 1 against following waiver pursuant to subdivision (10) of
357357 2 subsection (a) of this Section or fulfillment of the
358358 3 requirements of subsections (a) and (b) of this Section, the
359359 4 Office of the Illinois Attorney General or the State's
360360 5 Attorney of the county in which the alleged violation occurred
361361 6 shall issue and serve upon the person complained against a
362362 7 written notice, together with a formal complaint, which shall
363363 8 specify the provision of the Act, rule, regulation, permit, or
364364 9 term or condition thereof under which such person is said to be
365365 10 in violation and a statement of the manner in and the extent to
366366 11 which such person is said to violate the Act, rule,
367367 12 regulation, permit, or term or condition thereof and shall
368368 13 require the person so complained against to answer the charges
369369 14 of such formal complaint at a hearing before the Board at a
370370 15 time not less than 21 days after the date of notice by the
371371 16 Board, except as provided in Section 34 of this Act and unless
372372 17 the person so complained against has made a reasonable effort
373373 18 to remedy the violation, as determined by the Agency. Such
374374 19 complaint shall be accompanied by a notification to the
375375 20 defendant that financing may be available, through the
376376 21 Illinois Environmental Facilities Financing Act, to correct
377377 22 such violation. A copy of such notice of such hearings shall
378378 23 also be sent to any person who has complained to the Agency
379379 24 respecting the respondent within the six months preceding the
380380 25 date of the complaint, and to any person in the county in which
381381 26 the offending activity occurred that has requested notice of
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392392 1 enforcement proceedings; 21 days notice of such hearings shall
393393 2 also be published in a newspaper of general circulation in
394394 3 such county. The respondent may file a written answer, and at
395395 4 such hearing the rules prescribed in Sections 32 and 33 of this
396396 5 Act shall apply. In the case of actual or threatened acts
397397 6 outside Illinois contributing to environmental damage in
398398 7 Illinois, the extraterritorial service-of-process provisions
399399 8 of Sections 2-208 and 2-209 of the Code of Civil Procedure
400400 9 shall apply.
401401 10 Notwithstanding any provision of this Act to the contrary,
402402 11 any violation or alleged violation from January 1, 2023, until
403403 12 January 1, 2024, brought by the Office of the Attorney General
404404 13 shall be reviewed within 30 days of the effective date of this
405405 14 amendatory Act of the 104th General Assembly for compliance
406406 15 with the changes to this paragraph made by this amendatory Act
407407 16 of the 104th General Assembly if the violation occurred in a
408408 17 municipality with a population larger than 900, but smaller
409409 18 than 1,100.
410410 19 With respect to notices served pursuant to this subsection
411411 20 (c)(1) that involve hazardous material or wastes in any
412412 21 manner, the Agency shall annually publish a list of all such
413413 22 notices served. The list shall include the date the
414414 23 investigation commenced, the date notice was sent, the date
415415 24 the matter was referred to the Attorney General, if
416416 25 applicable, and the current status of the matter.
417417 26 (2) Notwithstanding the provisions of subdivision (1) of
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428428 1 this subsection (c), whenever a complaint has been filed on
429429 2 behalf of the Agency or by the People of the State of Illinois,
430430 3 the parties may file with the Board a stipulation and proposal
431431 4 for settlement accompanied by a request for relief from the
432432 5 requirement of a hearing pursuant to subdivision (1). Unless
433433 6 the Board, in its discretion, concludes that a hearing will be
434434 7 held, the Board shall cause notice of the stipulation,
435435 8 proposal and request for relief to be published and sent in the
436436 9 same manner as is required for hearing pursuant to subdivision
437437 10 (1) of this subsection. The notice shall include a statement
438438 11 that any person may file a written demand for hearing within 21
439439 12 days after receiving the notice. If any person files a timely
440440 13 written demand for hearing, the Board shall deny the request
441441 14 for relief from a hearing and shall hold a hearing in
442442 15 accordance with the provisions of subdivision (1).
443443 16 (3) Notwithstanding the provisions of subdivision (1) of
444444 17 this subsection (c), if the Agency becomes aware of a
445445 18 violation of this Act arising from, or as a result of,
446446 19 voluntary pollution prevention activities, the Agency shall
447447 20 not proceed with the written notice required by subsection (a)
448448 21 of this Section unless:
449449 22 (A) the person fails to take corrective action or
450450 23 eliminate the reported violation within a reasonable time;
451451 24 or
452452 25 (B) the Agency believes that the violation poses a
453453 26 substantial and imminent danger to the public health or
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464464 1 welfare or the environment. For the purposes of this item
465465 2 (B), "substantial and imminent danger" means a danger with
466466 3 a likelihood of serious or irreversible harm.
467467 4 (d)(1) Any person may file with the Board a complaint,
468468 5 meeting the requirements of subsection (c) of this Section,
469469 6 against any person allegedly violating this Act, any rule or
470470 7 regulation adopted under this Act, any permit or term or
471471 8 condition of a permit, or any Board order. The complainant
472472 9 shall immediately serve a copy of such complaint upon the
473473 10 person or persons named therein. Unless the Board determines
474474 11 that such complaint is duplicative or frivolous, it shall
475475 12 schedule a hearing and serve written notice thereof upon the
476476 13 person or persons named therein, in accord with subsection (c)
477477 14 of this Section.
478478 15 (2) Whenever a complaint has been filed by a person other
479479 16 than the Attorney General or the State's Attorney, the parties
480480 17 may file with the Board a stipulation and proposal for
481481 18 settlement accompanied by a request for relief from the
482482 19 hearing requirement of subdivision (c)(1) of this Section.
483483 20 Unless the Board, in its discretion, concludes that a hearing
484484 21 should be held, no hearing on the stipulation and proposal for
485485 22 settlement is required.
486486 23 (e) In hearings before the Board under this Title the
487487 24 burden shall be on the Agency or other complainant to show
488488 25 either that the respondent has caused or threatened to cause
489489 26 air or water pollution or that the respondent has violated or
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500500 1 threatens to violate any provision of this Act or any rule or
501501 2 regulation of the Board or permit or term or condition
502502 3 thereof. If such proof has been made, the burden shall be on
503503 4 the respondent to show that compliance with the Board's
504504 5 regulations would impose an arbitrary or unreasonable
505505 6 hardship.
506506 7 (f) The provisions of this Section shall not apply to
507507 8 administrative citation actions commenced under Section 31.1
508508 9 of this Act.
509509 10 (Source: P.A. 103-168, eff. 6-30-23; 103-605, eff. 7-1-24.)
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513513
514514
515515 SB1841 - 14 - LRB104 10648 BDA 20725 b