EJ Enforcement Strategy

^{Environmental Enforcement in Areas of Environmental Justice Concern}

Environmental Justice Program Background

Environmental Justice (“EJ”) is based on the principle that all people should be protected from environmental pollution and have the right to a clean and healthy environment. Some Illinois communities continue to suffer disproportionately from pollution burdens. To address these longstanding, complex problems, Illinois EPA adopted its EJ Policy to ensure its work includes equity-centered and solution-oriented considerations. Article XI, Section 2 of the Illinois Constitution reserves to each person in Illinois the right to a healthful environment, further supporting an emphasis on equity in the administration of the Illinois EPA’s enforcement program.

Key goals of the Illinois EPA EJ Policy are also furthered by enforcement activities in areas of EJ concern.

Those key goals are to:

a. ensure that communities are not disproportionately impacted by degradation of the environment or receive a less than equitable share of environmental protection and benefits;

b. where practicable, expand consideration of public concerns in enforcement matters;

c. ensure that Illinois EPA personnel develop common practices when implementing EJ concepts into Agency programs; and

d. ensure that the Illinois EPA continues to evaluate and adapt its EJ strategy to safeguard the environment and the health of the residents of Illinois, promote environmental equity in the administration of its programs, and be responsive to the communities it serves.

I. Principles of Environmental Enforcement in Areas of EJ Concern 

To further the Illinois EPA EJ Policy’s goals, enforcement in areas of EJ concern should include: 1) resolutions that recognize the facts that necessitated enforcement and the impacted community’s needs; 2) cross-agency collaboration and coordination; and 3) the utilization of all appropriate enforcement authorities.

The Illinois EPA’s use of its enforcement authorities will be guided by the following principles:

a. Community members are entitled to access to non-confidential information related to the enforcement process created by state law to allow them to (i) understand the fundamental elements of environmental compliance and enforcement activities and (ii) meaningfully participate in future decisions that could impact their communities’ environment;

b. Increased monitoring, inspection, and investigation of potential violations of environmental law and regulations are necessary to increase environmental compliance and further reduce environmental burdens in areas of EJ concern; and

c. Responsible parties are required to address environmental impacts of their violations of applicable state environmental law and regulations that burden areas of environmental justice concern in order to improve access to clean air, land, and water.

II. Strategies for Environmental Enforcement in Areas of EJ Concern 

To support the principles above, the Illinois EPA will take the following actions: 

a. strengthen communication with community members, community leaders, and advocacy groups regarding publicly available monitoring, inspection, and enforcement resources so (i) future activities benefit from the knowledge of local communities and (ii) communities are empowered by information about environmental conditions that affect them;

b. provide educational and technical support resources to help increase community members’ understanding of inspection, compliance, and enforcement authorities and activities;

c. work closely with the Illinois Commission on EJ to help inform the Illinois EPA’s enforcement goals, including identification of environmental mitigation projects and community communication and outreach opportunities;

d. place an increased emphasis on monitoring, inspection, and enforcement in areas of EJ concern so that complaints are investigated promptly and site operations are closely monitored;

e. work closely with federal, state, and local governmental partners to pursue enforcement and develop collaborative enforcement activities in communities of EJ concern;

f. expand the use of environmental mitigation projects and Supplemental Environmental Projects, including maintaining a bank of concepts for such projects to which members of the public can contribute; and

g. explore opportunities to escrow penalties for local use to (i) help ease the local burden from violations of environmental laws and (ii) increase access to clean air, land, and water, including open space and outdoor recreational opportunities.

III. Reporting and Communication

The Illinois EPA will: 

a. report on its website monitoring, inspection, and enforcement data for areas of EJ concern;

b. provide a convenient and anonymous process for the public to report potential violations of environmental laws and regulations; and

c. consistent with the Illinois EPA’s Language Access Plan, engage community members to understand community impacts from environmental burdens resulting from releases to the environment and to assist in selecting and pursuing environmental mitigation projects and Supplemental Environmental Projects related to such releases.