HB 2788

Abstract

Amends the Environmental Protection Act. Authorizes the extension of mutually agreed deadlines for the submittal of enforcement-related items. Allows notices, responses, and other items to be submitted or served on a person complained against or the Environmental Protection Agency not only by certified mail but also by personal service or a third-party commercial carrier that requires the receipt of that document to be acknowledged with the recipient's signature. Provides that, whenever a third-party commercial carrier requiring the recipient's signature is used, the date recorded by the third-party commercial carrier that the third-party commercial carrier received the item for delivery shall be deemed the date the item was submitted, and the date recorded by the third-party commercial carrier that the recipient signed for the item shall be deemed the date the item was received by the recipient. Requires records authenticated by a third-party commercial carrier to be considered competent evidence that an item was submitted or received if the item is sent by a third-party commercial carrier requiring the recipient's signature. Effective immediately. House Committee Amendment No. 1 Provides that if the Environmental Protection Agency and the person complained against agree to a later time period than the initial 30 days after receipt of the Agency's Compliance Commitment Agreement for the person to agree and sign or reject the proposed Compliance Commitment Agreement, the later time period shall not exceed an additional 30 days. Removes language allowing notices, responses, and other items required to be submitted to or served on a person complained against or the Agency to be served by personal service. House Floor Amendment No. 2 Replaces everything after the enacting clause. Amends the Environmental Protection Act. Allows the Environmental Protection Agency and the person complained against to agree to an extended time period to (i) submit a written response to the alleged violations and (ii) hold a requested meeting without a representative of the Office of the Attorney General or the State's Attorney of the county in which the alleged violation occurred. Provides that the Agency and the person complained against may agree to a later time period, not to exceed an additional 30 days, in which the person shall either agree to and sign the proposed Compliance Commitment Agreement or notify the Agency of the person's rejection of the proposed Compliance Commitment Agreement. Effective immediately.