415 ILCS 5/45
2021 Illinois Compiled Statutes|Chapter 415 - ENVIRONMENTAL SAFETY|415 ILCS 5/ - Environmental Protection Act.|Title XII - Penalties

(415 ILCS 5/45) (from Ch. 111 1/2, par. 1045)Sec. 45.     Injunctive and other relief.(a) No existing civil or criminal remedy for any wrongful  action shall be excluded or impaired by this Act.  Nothing in this Act shall  be construed to limit or supersede the provisions of the Illinois Oil and  Gas Act and the powers therein granted to prevent the intrusion of water into  oil, gas or coal strata and to prevent the pollution of fresh water supplies by  oil, gas or salt water or oil field wastes, except that water quality standards  as set forth by the Pollution Control Board apply to and are effective within  the areas covered by and affected by permits issued by the Department of  Natural Resources.  However, if the Department of Natural Resources fails to  act upon any complaint within a period of 10 working days following the receipt  of a complaint by the Department, the Environmental Protection Agency may  proceed under the provisions of this Act.(b) Any person adversely affected in fact by a violation of this Act,  any rule or regulation adopted under this Act, any permit or term or  condition of a permit, or any Board order may sue for injunctive relief  against such violation.  However, except as provided in subsections (d) and (e), no action shall be brought under this Section  until 30 days after the plaintiff has been denied relief by the Board in a  proceeding brought under subdivision (d)(1) of Section  31 of this Act.  The prevailing party shall be awarded costs and reasonable  attorneys' fees.(c) Nothing in Section 39.4 of this Act shall limit the authority  of the Agency to proceed with enforcement under the provisions of this Act  for violations of terms and conditions of an endorsed agrichemical facility  permit, an endorsed lawncare containment permit, or this Act or regulations  hereunder caused or threatened by an agrichemical facility or a lawncare wash  water containment area, provided that prior notice is given to the Department  of Agriculture which provides that Department an opportunity to respond as  appropriate.(d) If the State brings an action under this Act against a person  with an interest in real property upon which the person is alleged to have  allowed open dumping or open burning by a third party in violation of this  Act, which action seeks to compel the defendant to remove the waste or  otherwise clean up the site, the defendant may, in the manner provided by  law for third-party complaints, bring in as a third-party defendant a  person who with actual knowledge caused or contributed to the illegal open  dumping or open burning, or who is or may be liable for all or part of the  removal and cleanup costs.  The court may include any of the parties which  it determines to have, with actual knowledge, allowed, caused or  contributed to the illegal open dumping or open burning in any order that  it may issue to compel removal of the waste and cleanup of the site, and  may apportion the removal and cleanup costs among such parties, as it deems  appropriate. However, a person may not seek to recover any fines or civil  penalties imposed upon him under this Act from a third-party defendant in  an action brought under this subsection.(e) A final order issued by the Board pursuant to Section 33 of this  Act may be enforced through a civil action for injunctive or other relief  instituted by a person who was a party to the Board enforcement proceeding  in which the Board issued the final order.    (Source: P.A. 92-574, eff. 6-26-02; 93-152, eff. 7-10-03.)