Compliance and Enforcement

The compliance and enforcement programs of the Illinois Environmental Protection Agency (Illinois EPA) aim to bring a violator back into line with the Illinois Environmental Protection Act, its rules and Illinois EPA permits soon after a violation is found. Illinois EPA's compliance work usually starts from what its staff see on a field inspection or conclude from reports on regulated activities at a site or facility. Illinois EPA says state law lets its employees enter property to inspect for violations.

In a Phase I ESA

ASTM E1527-21 does not name state enforcement records among its standard record sources. They can show an alleged violation at a property and how Illinois EPA's process for it ended. Three Illinois details shape how to read them.

• Who is inspected. Illinois EPA says it inspects, in rotation, facilities that hold permits under the Act, such as landfills and wastewater treatment plants, and those covered by its Performance Partnership Agreement with U.S. EPA, such as hazardous waste facilities. It also inspects property in answer to complaints.
• A violation notice comes first. Illinois EPA's page says that under Section 31 of the Act it issues a Violation Notice for violations of state law, rules or permit conditions found on an inspection or a record review, within 180 days of learning of them, by certified mail. The notice can go to the property owner, a tenant, the operator, or anyone else whose conduct caused or allowed the violation, so check whom a notice names. It explains the alleged violations and the steps Illinois EPA thinks may resolve them.
• What follows. The recipient answers in writing within 45 days, and can ask for a meeting and for a Compliance Commitment Agreement; Illinois EPA and the recipient may agree to extend these deadlines. A Compliance Commitment Agreement is a written, enforceable agreement that sets the work and deadlines the responsible party must meet to resolve the alleged violations. In return, Illinois EPA agrees not to refer the matter to a prosecuting authority such as the Illinois Attorney General or U.S. EPA, though it may still refer it if the work is not done on time. Where no agreement is made, or one is not carried out, Illinois EPA may refer the matter for legal action after telling the recipient by certified mail that it is considering doing so. The page adds that, for emergency conditions, Section 34 of the Act lets Illinois EPA seal a facility, and Section 43(a) lets the Attorney General and State's Attorneys seek an immediate injunction.

For a property with an operating history, ask for both the notice and how it ended: an agreement, a referral, or neither.

Where to look a site up

• Illinois EPA's Compliance and Enforcement page says copies of all executed Compliance Commitment Agreements are available online. This handbook did not open that page.
• The pages read give no search of violation notices.

Getting the file

Illinois EPA says the records of this process, from permits, reports and inspections to violation notices, agreements and referrals, can be had through a records request. It takes requests under the Illinois Freedom of Information Act through its online FOIA Request Web Form, which needs an account, or by fax, U.S. mail or special carrier. Give the facility name, address and any permit or ID number. Fees, reply times and the options for large files are on the FOIA requests page.

Sources

Illinois Environmental Protection Agency pages, read October 13, 2026:

• Compliance & Enforcement, last modified September 18, 2024.
• Freedom of Information Act, last modified May 2, 2024.