Governing Law and Regulations
Self-disclosure of noncompliance: 415 ILCS 5/42(i)
Illinois Environmental Protection Agency (IEPA)
See ADDRESSES & CONTACTS for addresses and telephone numbers.
See national section for basic information and federal regulations.
Comparison: State vs. Federal
• Rules. Illinois provides relief from civil penalties, under certain circumstances, for the self-disclosure of incidents of noncompliance. The U.S. Environmental Protection Agency (EPA) and U.S. Department of Justice (DOJ) audit disclosure policies do not offer strict immunity from criminal or other enforcement actions taken on the basis of evidence discovered through audit information. See the national section AUDITS for information on EPA and DOJ audit policy.
• Administration and enforcement. IEPA administers and enforces Illinois's self-disclosure rules.
SELF-DISCLOSURE OF NONCOMPLIANCE
415 ILCS 5/42(i)
Any source that voluntarily self-discloses noncompliance to IEPA, of which the agency was previously unaware, is entitled to a 100 percent reduction in the portion of any civil penalty that is not based on the economic benefit of noncompliance if the person can establish all of the following:
- The incident of noncompliance was discovered through an environmental audit or a compliance management system documented by the source as reflecting the source's due diligence in preventing, detecting, and correcting violations.
- The incident of noncompliance was disclosed in writing to IEPA within 30 days of the date on which it was discovered.
- The incident of noncompliance was discovered and disclosed before: —The commencement of an IEPA inspection, investigation, or request for information ...