Compliance and Enforcement

The Illinois EPA’s compliance and enforcement programs seek to obtain prompt compliance with the Illinois Environmental Protection Act (“the Act”), regulations promulgated under the Act, and Illinois-EPA issued permits as soon as possible after a violation is identified. These programs are also designed to deter additional violations and ensure individuals who comply with applicable environmental standards are not placed at a competitive disadvantage.

The Illinois EPA’s compliance activities are typically initiated by (1) observations during onsite field inspections conducted by Illinois EPA staff or (2) conclusions drawn from Illinois EPA staff reviewing reports related to regulated activities undertaken at a site or facility subject to the Act.

State law authorizes Illinois EPA employees to enter properties for the purposes of conducting inspections to determine the existence of violations of the Act or regulations adopted thereunder. The Illinois EPA inspects facilities that are permitted under the Act, such as landfills or wastewater treatment plants, or are part of the Illinois EPA’s Performance Partnership Agreement with the United States Environmental Protection Agency (“USEPA”), such as hazardous waste facilities, on a rotating basis. In addition, the Illinois EPA inspects properties in response to complaints alleging violations of the Act.

State law establishes numerous reporting requirements applicable to compliance with air, land, and water protection standards. These obligations are uniquely tailored to individual regulatory programs. Illustrative examples of these types of reports include air emissions reports, wastewater discharge monitoring reports, drinking water quality reports, and hazardous waste generation reports.

Section 31 of the Act authorizes the Illinois EPA to issue Violation Notices (VNs) for violations of applicable state law, regulations, or permit conditions identified during an inspection or record review. Within 180 days of becoming aware of the violations, the Illinois EPA shall issue a VN to the entity, or entities, responsible for the alleged violations. Responsible parties may include the property owner, property tenant, facility operator, and any other entity that engaged in conduct that caused or allowed the violations of state law to occur. The VN will include a detailed explanation of the alleged violations and an explanation of the actions the Illinois EPA believes may resolve the alleged violations. The Illinois EPA is required to issue all VNs by certified mail.

A responsible party’s receipt of a VN triggers a series of response deadlines that serves as the framework for the remainder of the compliance process. Within 45 days of receipt of the VN, the responsible party shall respond to the Illinois EPA in writing. Illinois EPA and the responsible party may agree to extend this deadline, as well as the subsequent deadlines discussed below. This written response must be submitted by certified mail. The response should include:

• Information rebutting, explaining, or justifying each alleged violation;
• A request to meet with the Illinois EPA to discuss the VN, if desired; and
• A request to enter a Compliance Commitment Agreement (CCA) with the Illinois EPA, if desired.

Alternatively, the responsible party may elect at any point during the VN process to waive the requirements of Section 31 of the Act.

If the responsible party requests a meeting, the Illinois EPA is required to hold the meeting within 60 days of the responsible party receiving the VN, unless the responsible party and the Illinois EPA agree on an alternative timeline. The meeting may be held in person or remotely and could involve Illinois EPA field inspectors, engineers, technical staff, or attorneys, as the individual circumstances require. Within 21 days of the meeting, or as otherwise agreed, the responsible party shall provide the Illinois EPA a response, by certified mail, that includes:

• Any additional information rebutting, explaining, or justifying each alleged violation; and
• A request to enter a Compliance Commitment Agreement (CCA) with the Illinois EPA, if desired.

A CCA is a written and enforceable agreement between the Illinois EPA and a responsible party that contains specific activities, with timelines, that the responsible party must undertake to resolve the alleged violations. In exchange for entering into a CCA, the Illinois EPA agrees not to refer the alleged violations to an appropriate prosecutorial authority, such as the Office of the Illinois Attorney General or USEPA, for enforcement. However, the Illinois EPA may make such a referral if the responsible party does not complete the required actions within the timeframes set forth in the CCA.

If a responsible party requests to enter into a CCA, the Illinois EPA must respond within 30 days of receipt of the request, or as otherwise agreed, by offering the responsible party a CCA or notifying the responsible party, via certified mail, that it will not issue a CCA. The Illinois EPA’s offer may include additional or different terms than the responsible party proposed. If the responsible party accepts the Illinois EPA’s offered CCA, it must return a signed copy of the CCA to the Illinois EPA for signature and execution within 30 days, or as otherwise agreed. If the responsible party does not timely return the CCA, it is deemed rejected. Copies of all executed CCAs are available online.

Not all matters can be resolved using a CCA and issuance of a CCA is at the discretion of the Illinois EPA. In instances where the Illinois EPA determines that a CCA is not the appropriate manner to resolve the alleged violations, where a responsible party has not entered into a CCA, or where a responsible party has not completed its obligations under a CCA, the Illinois EPA may refer the matter to an appropriate prosecutorial authority for legal action. Prior to doing so, the Illinois EPA must inform the responsible party, in writing, that it is contemplating initiating legal action to address the matter. This information must be relayed by certified mail. The responsible party may request a meeting to discuss the matter with the Illinois EPA. Such a meeting must be held within 30 days of the responsible party’s receipt of the notice of intent to pursue legal action, or as otherwise agreed. If no meeting is held or if, after the meeting, the Illinois EPA determines further legal action is warranted, it may refer the matter to an appropriate prosecutorial authority for further action.

In addition to the enforcement process set out in Section 31 of the Act, and described above, Illinois EPA has other legal authorities to address emergency conditions, including circumstances of substantial danger to the environment and public health or welfare. Section 34 of the Act authorizes Illinois EPA to seal any facility contributing to such emergency conditions. Section 43(a) of the Act authorizes the Illinois Attorney General and State’s Attorneys to file legal actions seeking immediate injunctions in circumstances of substantial danger, at Illinois EPA’s request or on their own motion.

The above documents, including permits, reports, inspections, violation notices, compliance commitment agreements and referrals, may be obtained through a records request to the Illinois EPA. See our Freedom of Information Act webpage for information on how to make a request for documents.