(415 ILCS 5/Tit. VIII heading)
TITLE VIII:
ENFORCEMENT
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(415 ILCS 5/30) (from Ch. 111 1/2, par. 1030)
Sec. 30.
Investigations.
The Agency shall cause investigations to be made
upon the request of the Board or upon receipt of information concerning an
alleged 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, and may cause to be made such other investigations as it
shall deem advisable.
(Source: P.A. 92-574, eff. 6-26-02; 93-152, eff. 7-10-03.)
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(415 ILCS 5/31) (from Ch. 111 1/2, par. 1031)
Sec. 31. Notice; complaint; hearing.
(a)(1) Within 180 days after becoming aware of an alleged
| | violation of the Act, any rule adopted under the Act, a permit granted by the Agency, or a condition of such a permit, the Agency shall issue and serve, by certified mail, upon the person complained against a written notice informing that person that the Agency has evidence of the alleged violation. At a minimum, the written notice shall contain:
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(A) a notification to the person complained
| | against of the requirement to submit a written response addressing the violations alleged and the option to meet with appropriate agency personnel to resolve any alleged violations that could lead to the filing of a formal complaint;
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(B) a detailed explanation by the Agency of the
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(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
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(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.
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(2) A written response to the violations alleged
| | shall be submitted to the Agency, by certified mail, within 45 days after receipt of notice by the person complained against, unless the Agency agrees to an extension. The written response shall include:
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(A) information in rebuttal, explanation or
| | justification of each alleged violation;
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(B) if the person complained against desires to
| | enter into a Compliance Commitment Agreement, proposed terms for a Compliance Commitment Agreement that includes specified times for achieving each commitment and which may consist of a statement indicating that the person complained against believes that compliance has been achieved; and
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(C) a request for a meeting with appropriate
| | Agency personnel if a meeting is desired by the person complained against.
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(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.
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(4) A meeting requested pursuant to subdivision (2)
| | of this subsection (a) shall be held without a representative of the Office of the Illinois Attorney General or the State's Attorney of the county in which the alleged violation occurred, within 60 days after receipt of notice by the person complained against, unless the Agency agrees to a postponement. At the meeting, the Agency shall provide an opportunity for the person complained against to respond to each alleged violation, suggested resolution, and suggested implementation time frame, and to suggest alternate resolutions.
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(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:
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(A) additional information in rebuttal,
| | explanation, or justification of each alleged violation;
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(B) if the person complained against desires to
| | enter into a Compliance Commitment Agreement, proposed terms for a Compliance Commitment Agreement that includes specified times for achieving each commitment and which may consist of a statement indicating that the person complained against believes that compliance has been achieved; and
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(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).
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(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.
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(7) Within 30 days after the Agency's receipt of a
| | written response submitted by the person complained against pursuant to subdivision (2) of this subsection (a) if a meeting is not requested or pursuant to subdivision (5) of this subsection (a) if a meeting is held, or within a later time period as agreed to by the Agency and the person complained against, the Agency shall issue and serve, by certified mail, upon the person complained against (i) a proposed Compliance Commitment Agreement or (ii) a notice that one or more violations cannot be resolved without the involvement of the Office of the Attorney General or the State's Attorney of the county in which the alleged violation occurred and that no proposed Compliance Commitment Agreement will be issued by the Agency for those violations. The Agency shall include terms and conditions in the proposed Compliance Commitment Agreement that are, in its discretion, necessary to bring the person complained against into compliance with the Act, any rule adopted under the Act, any permit granted by the Agency, or any condition of such a permit. The Agency shall take into consideration the proposed terms for the proposed Compliance Commitment Agreement that were provided under subdivision (a)(2)(B) or (a)(5)(B) of this Section by the person complained against.
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(7.5) Within 30 days after the receipt of the
| | Agency's proposed Compliance Commitment Agreement by the person complained against, the person shall either (i) agree to and sign the proposed Compliance Commitment Agreement provided by the Agency and submit the signed Compliance Commitment Agreement to the Agency by certified mail or (ii) notify the Agency in writing by certified mail of the person's rejection of the proposed Compliance Commitment Agreement. If the person complained against fails to respond to the proposed Compliance Commitment Agreement within 30 days as required under this paragraph, the proposed Compliance Commitment Agreement is deemed rejected by operation of law. Any Compliance Commitment Agreement entered into under item (i) of this paragraph may be amended subsequently in writing by mutual agreement between the Agency and the signatory to the Compliance Commitment Agreement, the signatory's legal representative, or the signatory's agent.
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| (7.6) No person shall violate the terms or conditions
| | of a Compliance Commitment Agreement entered into under subdivision (a)(7.5) of this Section. Successful completion of a Compliance Commitment Agreement or an amended Compliance Commitment Agreement shall be a factor to be weighed, in favor of the person completing the Agreement, by the Office of the Illinois Attorney General in determining whether to file a complaint for the violations that were the subject of the Agreement.
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(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.
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(9) The Agency's failure to respond within 30 days to
| | a written response submitted pursuant to subdivision (2) of this subsection (a) if a meeting is not requested or pursuant to subdivision (5) of this subsection (a) if a meeting is held, or within the time period otherwise agreed to in writing by the Agency and the person complained against, shall be deemed an acceptance by the Agency of the proposed terms of the Compliance Commitment Agreement for the violations alleged in the written notice issued under subdivision (1) of this subsection (a) as contained within the written response.
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(10) If the person complained against complies with
| | the terms of a Compliance Commitment Agreement accepted pursuant to this subsection (a), the Agency shall not refer the alleged violations which are the subject of the Compliance Commitment Agreement to the Office of the Illinois Attorney General or the State's Attorney of the county in which the alleged violation occurred. However, nothing in this subsection is intended to preclude the Agency from continuing negotiations with the person complained against or from proceeding pursuant to the provisions of subsection (b) of this Section for alleged violations that remain the subject of disagreement between the Agency and the person complained against following fulfillment of the requirements of this subsection (a).
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(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.
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(12) The Agency shall have the authority to adopt
| | rules for the administration of subsection (a) of this Section. The rules shall be adopted in accordance with the provisions of the Illinois Administrative Procedure Act.
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| (b) For alleged violations that remain the subject of disagreement
between the Agency and the person complained against following fulfillment of
the requirements of subsection (a) of this Section, and for alleged violations of the terms or conditions of a Compliance Commitment Agreement entered into under subdivision (a)(7.5) of this Section as well as the alleged violations that are the subject of the Compliance Commitment Agreement, and as a precondition to
the Agency's referral or request to the Office of the Illinois Attorney General
or the State's Attorney of the county in which the alleged violation occurred
for legal representation regarding an alleged violation that may be addressed
pursuant to subsection (c) or (d) of this Section or pursuant to Section 42 of
this Act, the Agency shall issue and serve, by certified mail, upon the person
complained against a written notice informing that person that the Agency
intends to pursue legal action. Such notice shall notify the person
complained against of the violations to be alleged and offer the person an
opportunity to meet with appropriate Agency personnel in an effort to resolve
any alleged violations that could lead to the filing of a formal complaint.
The meeting with Agency personnel shall be held within 30 days after receipt of
notice served pursuant to this subsection upon the person complained against,
unless the Agency agrees to a postponement or the person notifies the Agency
that he or she will not appear at a meeting within the 30-day time period.
Nothing in this subsection is intended to preclude the Agency from following
the provisions of subsection (c) or (d) of this Section or from requesting the
legal representation of the Office of the Illinois Attorney General or the
State's Attorney of the county in which the alleged violations occurred for
alleged violations which remain the subject of disagreement between the Agency
and the person complained against after the provisions of this subsection are
fulfilled.
(c)(1) For alleged violations which remain the subject
| | of disagreement between the Agency and the person complained against following waiver pursuant to subdivision (10) of subsection (a) of this Section or fulfillment of the requirements of subsections (a) and (b) of this Section, the Office of the Illinois Attorney General or the State's Attorney of the county in which the alleged violation occurred shall issue and serve upon the person complained against a written notice, together with a formal complaint, which shall specify the provision of the Act, rule, regulation, permit, or term or condition thereof under which such person is said to be in violation and a statement of the manner in and the extent to which such person is said to violate the Act, rule, regulation, permit, or term or condition thereof and shall require the person so complained against to answer the charges of such formal complaint at a hearing before the Board at a time not less than 21 days after the date of notice by the Board, except as provided in Section 34 of this Act. Such complaint shall be accompanied by a notification to the defendant that financing may be available, through the Illinois Environmental Facilities Financing Act, to correct such violation. A copy of such notice of such hearings shall also be sent to any person that has complained to the Agency respecting the respondent within the six months preceding the date of the complaint, and to any person in the county in which the offending activity occurred that has requested notice of enforcement proceedings; 21 days notice of such hearings shall also be published in a newspaper of general circulation in such county. The respondent may file a written answer, and at such hearing the rules prescribed in Sections 32 and 33 of this Act shall apply. In the case of actual or threatened acts outside Illinois contributing to environmental damage in Illinois, the extraterritorial service-of-process provisions of Sections 2-208 and 2-209 of the Code of Civil Procedure shall apply.
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With respect to notices served pursuant to this
| | subsection (c)(1) that involve hazardous material or wastes in any manner, the Agency shall annually publish a list of all such notices served. The list shall include the date the investigation commenced, the date notice was sent, the date the matter was referred to the Attorney General, if applicable, and the current status of the matter.
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(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).
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(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:
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(A) the person fails to take corrective action or
| | eliminate the reported violation within a reasonable time; or
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(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.
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(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.
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(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.
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(e) In hearings before the Board under this Title the burden shall
be on the Agency or other complainant to show either that the respondent
has caused or threatened to cause air or water pollution or that the
respondent has violated or threatens to violate any provision of this
Act or any rule or regulation of the Board or permit or term or
condition thereof. If such proof has been made, the burden shall be on
the respondent to show that compliance with the Board's regulations
would impose an arbitrary or unreasonable hardship.
(f) The provisions of this Section shall not apply to administrative
citation actions commenced under Section 31.1 of this Act.
(Source: P.A. 97-519, eff. 8-23-11.)
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(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 and subsection (k) of Section 55 of this Act shall be enforceable either by administrative
citation under this Section or as otherwise provided by this Act. Violations of Section 22.51 and 22.51a 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, Section 22.51, Section 22.51a, or subsection (k) of Section 55 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, Section 22.51, Section 22.51a, or subsection (k) of Section 55 of which the person was observed to be in violation;
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(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;
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(3) the penalty imposed by subdivision (b)(4) or
| | (b)(4-5) of Section 42 for such violation;
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(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
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(5) an affidavit by the personnel observing the
| | violation, attesting to their material actions and observations.
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(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. 96-737, eff. 8-25-09; 96-1416, eff. 7-30-10.)
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(415 ILCS 5/31.2) (from Ch. 111 1/2, par. 1031.2)
Sec. 31.2.
A landowner who provides information to the Agency in good faith
concerning a name, address or other evidence of a person's identity found
in garbage or other solid waste illegally dumped on the landowner's land
shall have no liability to that person for any action taken by the Agency
against the person as a result of the information provided by the landowner.
(Source: P.A. 86-1195.)
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(415 ILCS 5/32) (from Ch. 111 1/2, par. 1032)
Sec. 32.
All hearings under this Title shall be held before a qualified hearing
officer, who may be attended by at least one member of the Board,
designated by the Chairman. All such hearings shall be open to the public,
and any person may submit written statements to the Board in connection
with the subject thereof. In addition, the Board may permit any person to
offer oral testimony.
Any party to a hearing under this subsection may be represented by
counsel, may make oral or written argument, offer testimony, cross-examine
witnesses, or take any combination of such actions. All testimony taken
before the Board shall be recorded stenographically. The transcript so
recorded, and any additional matter accepted for the record, shall be open
to public inspection, and copies thereof shall be made available to any
person upon payment of the actual cost of reproducing the original.
(Source: P.A. 76-2429.)
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(415 ILCS 5/33) (from Ch. 111 1/2, par. 1033)
Sec. 33.
Board orders.
(a) After due consideration of the written and oral
statements, the testimony and arguments that shall be submitted at the
hearing, or upon default in appearance of the respondent on return day
specified in the notice, the Board shall issue and enter such final order,
or make such final determination, as it shall deem appropriate under the
circumstances. It shall not be a defense to findings of violations of the
provisions of this Act, any rule or regulation adopted under this Act,
any permit or term or condition of a permit, or any Board order, or a bar to
the assessment of
civil penalties that the person has come into compliance subsequent to the
violation, except where such action is barred by any applicable State or
federal statute of limitation. In all such matters the Board shall file and
publish a written opinion stating the facts and reasons leading to its
decision. The Board shall immediately notify the respondent of such order
in writing by registered mail.
(b) Such order may include a direction to cease and desist from
violations of this Act, any rule or regulation adopted under this Act,
any permit or term or condition of a permit, or any Board order, and/or the imposition by the Board of civil
penalties in accord with Section 42 of this Act. The Board may also
revoke the permit as a penalty for violation. If such order includes a
reasonable delay during which to correct a violation, the Board may require
the posting of sufficient performance bond or other security to assure the
correction of such violation within the time prescribed.
(c) In making its orders and determinations, the Board shall take
into consideration all the facts and circumstances bearing upon the
reasonableness of the emissions, discharges or deposits involved including,
but not limited to:
(i) the character and degree of injury to, or
| | interference with the protection of the health, general welfare and physical property of the people;
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(ii) the social and economic value of the pollution
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(iii) the suitability or unsuitability of the
| | pollution source to the area in which it is located, including the question of priority of location in the area involved;
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(iv) the technical practicability and economic
| | reasonableness of reducing or eliminating the emissions, discharges or deposits resulting from such pollution source; and
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(v) any subsequent compliance.
Whenever a proceeding before the Board may affect the right of the
public individually or collectively to the use of community sewer or water
facilities provided by a municipally owned or publicly regulated company,
the Board shall at least 30 days prior to the scheduled date of the first
hearing in such proceeding, give notice of the date, time, place, and
purpose of such hearing by public advertisement in a newspaper of general
circulation in the area of the State concerned. The Board shall conduct a
full and complete hearing into the social and economic impact which would
result from restriction or denial of the right to use such facilities and
allow all persons claiming an interest to intervene as parties and present
evidence of such social and economic impact.
(d) All 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. 93-152, eff. 7-10-03.)
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(415 ILCS 5/34) (from Ch. 111 1/2, par. 1034)
Sec. 34. (a) Upon a finding that episode or emergency conditions
specified in Board regulations exist, the Agency shall declare such alerts
or emergencies as provided by those regulations. While such an alert or
emergency is in effect, the Agency may seal any equipment, vehicle, vessel,
aircraft, or other facility operated in violation of such regulations.
(b) In cases other than those identified in subsection (a) of this Section:
(1) At any pollution control facility where the
| | Agency finds that an emergency condition exists creating an immediate danger to public health or welfare or the environment, the Agency may seal any equipment, vehicle, vessel, aircraft, or other facility contributing to the emergency condition; and
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(2) At any other site or facility where the Agency
| | finds that an imminent and substantial endangerment to the public health or welfare or the environment exists, the Agency may seal any equipment, vehicle, vessel, aircraft, or other facility contributing to the imminent and substantial endangerment.
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| (c) It shall be a Class A misdemeanor to break any seal affixed under
this section, or to operate any sealed equipment, vehicle, vessel,
aircraft, or other facility until the seal is removed according to law.
(d) The owner or operator of any equipment, vehicle, vessel, aircraft or
other facility sealed pursuant to this section is entitled to a hearing in
accord with Section 32 of this Act to determine whether the seal should be
removed; except that in such hearing at least one Board member shall be
present, and those Board members present may render a final decision
without regard to the requirements of paragraph (a) of Section 5 of this
Act. The petitioner may also seek immediate injunctive relief.
(Source: P.A. 94-272, eff. 7-19-05.)
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