(A) Any condition to the grant of a request or to the acceptance of a proposed amendment of a prior condition, unless that condition has been overturned or negated in a proceeding to review the Board’s decision, shall be enforceable, at the instance of the village, in an action filed in the Circuit Court or before the Illinois Pollution Control Board. This provision is not intended to be, and shall not be construed as, a waiver of or limitation on the village’s ability otherwise or elsewhere to enforce conditions on its grant of a request or on the acceptance of a proposed amendment.
(B) Costs of enforcement. In the event the applicant (or its transferee) is determined to have violated one or more conditions, the village’s costs of enforcement, including reasonable attorneys’ fees, shall be paid by the applicant, (or its transferee).
(C) Civil penalties. The village may seek, in any action it files, to enforce conditions, the imposition of civil penalties in those amounts provided for in Title XII of the Act, ILCS Ch. 415, Act 5, §§ 42, et seq.
(Ord. 2010-29, passed 5-17-10)