(415 ILCS 5/43) (from Ch. 111 1/2, par. 1043)
Sec. 43.
(a) In circumstances of substantial danger to the environment or
to the public health of persons or to the welfare of persons where such
danger is to the livelihood of such persons, the State's Attorney or
Attorney General, upon request of the Agency or on his own motion, may
institute a civil action for an immediate injunction to halt any
discharge or other activity causing or contributing to the danger or to
require such other action as may be necessary. The court may issue an ex
parte order and shall schedule a hearing on the matter not later than 3
working days from the date of injunction.
(b) If any term or condition of an NPDES permit issued under this
Act for discharges from a publicly owned or publicly regulated sewage
works is violated, the use of the sewage works by a contaminant source
not using the works prior to a finding that the condition was violated:
(i) may be prohibited by the public body owning or regulating such
sewage works, pursuant to State law or local ordinance; or
(ii) may be prohibited or restricted under the provisions of Title
VIII of this Act; or
(iii) the State's Attorney of the county in which the violation
occurred, or the Attorney General, at the request of the Agency or on
his own motion, may proceed in a court of competent jurisdiction to
secure such relief.
(c) If an industrial user of a publicly owned or publicly regulated
sewage works is not in compliance with a system of user charges required
under State law or local ordinance or regulations or as a term or
condition of any NPDES permit issued under this Act to the sewage works
into which the user is discharging contaminants, the system of charges
may be enforced directly against the industrial user--
(i) by the public body owning or regulating such sewage works,
pursuant to State law or local ordinance; or
(ii) under the provisions of Title VIII of this Act; or
(iii) the State's Attorney of the county in which the violation
occurred, or the Attorney General, at the request of the Agency or on
his own motion, may proceed in a court of competent jurisdiction to
secure such relief.
(Source: P.A. 78-862.)
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