Illinois Compiled Statutes 765 ILCS 122/11 – Enforcement of environmental covenant
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(a) A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by:
(1) A party to the covenant.
(2) The agency or, if it is not the agency, the
(1) A party to the covenant.
Terms Used In Illinois Compiled Statutes 765 ILCS 122/11
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(2) The agency or, if it is not the agency, the
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Illinois Environmental Protection Agency.
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(3) Any person to whom the covenant expressly grants
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power to enforce.
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(4) A person whose interest in the real property or
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whose collateral or liability may be affected by the alleged violation of the covenant.
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(5) A municipality or other unit of local government
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in which the real property subject to the covenant is located.
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(6) Any agency that is enforcing the terms of any
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court or Board order.
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(b) This Act does not limit the regulatory authority of the agency or the Illinois Environmental Protection Agency under law other than this Act with respect to an environmental response project.
(c) A person is not responsible for or subject to liability for environmental remediation solely because it has the right to enforce an environmental covenant.
(c) A person is not responsible for or subject to liability for environmental remediation solely because it has the right to enforce an environmental covenant.