Environmental Violations May Keep Companies From Doing Business With The State of Illinois

The Illinois General Assembly recently amended the Illinois Procurement Code to add a debarment provision for persons who are found to have committed a willful or knowing violation of the Illinois Environmental Protection Act (the “Act”). Public Act 93-0575 (effective January 1, 2004). The provision provides as follows:

Unless otherwise provided, no person or business found by a court or the Pollution Control Board to have committed a willful or knowing violation of Section 42 of the Environmental Protection Act shall do business with the State of Illinois or any State agency from the date of the order containing the finding of violation until five years after that date, unless the person or business can show that no person involved in the violation continues to have any involvement with the business.