415 ILCS 5/ Environmental Protection Act.

Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

415 ILCS 5/32

(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.)

415 ILCS 5/33

(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;

(ii) the social and economic value of the pollution

source;

(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;

(iv) the technical practicability and economic

reasonableness of reducing or eliminating the emissions, discharges or deposits resulting from such pollution source; and

(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.)