(415 ILCS 5/31) (from Ch. 111 1/2, par. 1031)
Sec. 31.
Notice; complaint; hearing.
(a)(1) Within 180 days of becoming aware of an alleged |
|
violation of the Act or any rule adopted under the Act or of a permit granted by the Agency or condition of the 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) 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
|
|
(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 of 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) a proposed 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 of 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) a proposed 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 of 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 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 a written notice informing the person of its acceptance, rejection, or proposed modification to the proposed Compliance Commitment Agreement as contained within the written response.
|
|
(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 to a written
|
|
response submitted pursuant to subdivision (2) of this subsection (a), if a meeting is not requested, or subdivision (5) of this subsection (a), if a meeting is held, within 30 days, 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 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 which 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.
|
|
(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 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 of 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 or the rule or regulation or 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 or such rule or regulation or 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) which 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. 92‑574, eff. 6‑26‑02; 93‑152, eff. 7‑10‑03.)
|
(415 ILCS 5/31.1) (from Ch. 111 1/2, par. 1031.1)
Sec. 31.1.
Administrative citation.
(a) The prohibitions specified in subsections (o) and (p) of
Section 21 of this Act shall be enforceable either by administrative
citation under this Section or as otherwise provided by this Act.
(b) Whenever Agency personnel or personnel of a unit of local government to
which the Agency has delegated its functions pursuant to subsection (r) of
Section 4 of this Act, on the basis of direct observation, determine that any
person has violated any provision of subsection (o) or (p) of Section
21 of this Act, the Agency or such unit of local government may issue and serve
an administrative citation upon such person within not more than 60 days after
the date of the observed violation. Each such citation issued shall be served
upon the person named therein or such person's authorized agent for service of
process, and shall include the following information:
(1) a statement specifying the provisions of |
|
subsection (o) or (p) of Section 21 of which the person was observed to be in violation;
|
|
(2) a copy of the inspection report in which the
|
|
Agency or local government recorded the violation, which report shall include the date and time of inspection, and weather conditions prevailing during the inspection;
|
|
(3) the penalty imposed by subdivision (b)(4) or
|
|
(b)(4‑5) of Section 42 for such violation;
|
|
(4) instructions for contesting the administrative
|
|
citation findings pursuant to this Section, including notification that the person has 35 days within which to file a petition for review before the Board to contest the administrative citation; and
|
|
(5) an affidavit by the personnel observing the
|
|
violation, attesting to their material actions and observations.
|
|
(c) The Agency or unit of local government shall file a copy of each
administrative citation served under subsection (b) of this Section with
the Board no later than 10 days after the date of service.
(d) (1) If the person named in the administrative citation fails to
petition the Board for review within 35 days from the date of service, the
Board shall adopt a final order, which shall include the administrative
citation and findings of violation as alleged in the citation, and shall impose
the penalty specified in subdivision (b)(4) or (b)(4‑5) of Section 42.
(2) If a petition for review is filed before the Board to contest an
administrative citation issued under subsection (b) of this Section, the
Agency or unit of local government shall appear as a complainant at a
hearing before the Board to be conducted pursuant to Section 32 of this Act
at a time not less than 21 days after notice of such hearing has
been sent by the Board to the Agency or unit of local government and the
person named in the citation. In such hearings, the burden of proof shall be
on the Agency or unit of local government. If, based on the record, the Board
finds that the alleged violation occurred, it shall adopt a final order which
shall include the administrative citation and findings of violation as alleged
in the citation, and shall impose the penalty specified in subdivision (b)(4)
or (b)(4‑5) of Section 42. However, if the Board finds that the person
appealing the citation has shown that the violation resulted from
uncontrollable circumstances, the Board shall adopt a final order which makes
no finding of violation and which imposes no penalty.
(e) Sections 10‑25 through 10‑60 of the Illinois Administrative Procedure
Act shall not apply to any administrative citation issued under subsection (b)
of this Section.
(f) The other provisions of this Section shall not apply to a sanitary
landfill operated by a unit of local government solely for the purpose of
disposing of water and sewage treatment plant sludges, including necessary
stabilizing materials.
(g) All final orders issued and entered by the Board pursuant to this
Section shall be enforceable by injunction, mandamus or other appropriate
remedy, in accordance with Section 42 of this Act.
(Source: P.A. 92‑16, eff. 6‑28‑01.)
|