Pollution Abatement Enforcement Act (15 ILCS 215/)

Chapter 15 — Executive Officers

Attorney General

This text is maintained by the Legislative Reference Bureau for legislative drafting purposes and is NOT the official text of the Illinois Compiled Statutes; the only official copy is the printed copy maintained by the Secretary of State.

Sec. 0.01. Short title

This Act may be cited as the Pollution Abatement Enforcement Act.

(Source: P.A. 86-1324.)

Sec. 1.

The following terms as used in this Act shall, unless the context otherwise requires, have the following meanings:

(a) "Air pollution" means air pollution as defined in the Environmental Protection Act, enacted by the 76th General Assembly.

(b) "Water pollution" means water pollution as defined in the Environmental Protection Act, enacted by the 76th General Assembly.

(c) "Land pollution" means land pollution and refuse disposal as set out in the Environmental Protection Act enacted by the 76th General Assembly.

(Source: P.A. 76-2434.)

Sec. 2.

The Attorney General has the power and authority, notwithstanding and regardless of any proceeding instituted or to be instituted by or before the Environmental Protection Agency, Pollution Control Board or any other administrative agency, to prevent air, land or water pollution within this State by commencing an action or proceeding in the circuit court of any county in which such pollution has been, or is about to be, caused or has occurred, in order to have such pollution stopped or prevented either by mandamus or injunction. The court shall specify a time, not exceeding 21 days after the service of the copy of the petition of mandamus or injunction for answer, and in the meantime the party shall be restrained from continuing such pollution pending hearing before the court. Accompanying such petition shall be a notification to the named defendant that financing may be available, through the Illinois Environmental Facilities Financing Act, to correct the alleged pollution. In case of default, or after answer, the court shall immediately inquire into the facts and circumstances of the case and enter an appropriate order in respect to the matters complained of. An appeal may be taken from the final judgment in the same manner and with the same effect as appeals are taken from judgments of the circuit court in other actions for mandamus or injunction.

(Source: P.A. 81-1444.)