TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 1846
INDIVIDUAL CIVIL PENALTIES
SECTION 1846.5 DEFINITIONS
Section 1846.5 Definitions
For purposes of this Part:
a) Knowingly means that an individual knew or had reason to know
in authorizing, ordering or carrying out an act or omission on the part of a
corporate permittee that such act or omission constituted a violation, failure
or refusal.
b) Violation, failure or refusal means -
1) A violation of a condition of a permit issued pursuant to
Section 2.01 of the State Act (Ill. Rev. Stat. 1987, ch. 96½, par. 7902.01); or
2) A failure or refusal to comply with any order issued under
Section 8.06 of the State Act (Ill. Rev. Stat. 1987, ch. 96½, par. 7908.06), or
any order incorporated in a final decision issued by the Department under the
State Act, except an order incorporated in a decision issued under Section
8.06(b) of the State Act (Ill. Rev. Stat. 1987, ch 96½, par. 7908.06(b)).
c) Willfully means that an individual acted -
1) Either intentionally, voluntarily, or consciously, and
2) With intentional disregard or plain indifference to legal
requirements in authorizing, ordering or carrying out a corporate permittee's
action or omission that constituted a violation, failure or refusal.
 | TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 1846
INDIVIDUAL CIVIL PENALTIES
SECTION 1846.12 WHEN AN INDIVIDUAL CIVIL PENALTY MAY BE ASSESSED
Section 1846.12 When an
individual civil penalty may be assessed
a) Except as provided in subsection (b), the Department may
assess an individual civil penalty against any corporate director, officer or
agent of a corporate permittee who knowingly and willfully authorized, ordered
or carried out a violation, failure or refusal.
b) The Department shall not assess an individual civil penalty in
situations resulting from a permit violation by a corporate permittee until a
cessation order has been issued by the Department to the corporate permittee
for the violation, and the cessation order has remained unabated for 30 days.
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 1846
INDIVIDUAL CIVIL PENALTIES
SECTION 1846.14 AMOUNT OF INDIVIDUAL CIVIL PENALTY
Section 1846.14 Amount of
individual civil penalty
a) In determining the amount of an individual civil penalty
assessed under Section 1846.12, the Department shall consider the criteria
specified in Section 8.04(a) of the State Act including:
1) The individual's history of authorizing, ordering or carrying out
previous violations, failures or refusals at the particular surface coal mining
operation;
2) The seriousness of the violation, failure, or refusal (as
indicated by the extent of damage and/or the cost of reclamation), including
any irreparable harm to the environment and any hazard to the health or safety
of the public; and
3) The determined good faith of the individual charged in
attempting to achieve rapid compliance after notice of the violation, failure
or refusal.
b) The penalty shall not exceed $5,000 for each violation. Each
day of a continuing violation may be deemed a separate violation and the
Department may assess a separate individual civil penalty for each day the
violation, failure or refusal continues, from the date of service of the
underlying notice of violation, cessation order or other order incorporated in
a final decision issued by the Department, until abatement or compliance is
achieved.
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 1846
INDIVIDUAL CIVIL PENALTIES
SECTION 1846.17 PROCEDURE FOR ASSESSMENT OF INDIVIDUAL CIVIL PENALTY.
Section 1846.17 Procedure
for assessment of individual civil penalty.
a) Notice. The Department shall service on each individual to be
assessed an individual civil penalty a notice of proposed individual civil
penalty assessment, including a narrative explanation of the reasons for the
penalty, the amount to be assessed, and a copy of any underlying notice of
violation and cessation order.
b) Final order and opportunity for review. The notice of
proposed individual civil penalty assessment shall become a final
administrative decision of the Department 30 days after service upon the
individual unless:
1) The individual files, within 30 days after service of the
notice of proposed individual civil penalty assessment, a petition for review
with the Department's Springfield office, in accordance with 62 Ill. Adm. Code
1847.8; or
2) The Department and the individual or responsible corporate
permittee agree within 30 days after service of the notice of proposed
individual civil penalty assessment to a schedule or plan for the abatement or
correction of the violation, failure or refusal.
c) Service. For purposes of this Section, service is sufficient
if it would satisfy the requirements of 62 Ill. Adm. Code 1843.14.
(Source: Amended at 26 Ill. Reg. 4219, effective March 6, 2002)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 1846
INDIVIDUAL CIVIL PENALTIES
SECTION 1846.18 PAYMENT OF PENALTY
Section 1846.18 Payment of
penalty
a) No abatement or appeal. If a notice of proposed individual
civil penalty assessment becomes a final administrative decision in the absence
of a petition for review or abatement agreement, the penalty shall be due upon
issuance of the Department's decision.
b) Appeal. If an individual named in a notice of proposed
individual civil penalty assessment files a petition for review in accordance
with 62 Ill. Adm. Code 1847.8, the penalty shall be due upon issuance of a
final administrative decision affirming, increasing or decreasing the proposed
penalty.
c) Abatement agreement. Where the Department and the corporate
permittee or individual have agreed in writing on a plan for the abatement of
or compliance with the unabated order, an individual named in a notice of
proposed individual civil penalty assessment may postpone payment until
receiving either a final administrative decision from the Department stating
that the penalty is due on the date of such final administrative decision, or
written notice that abatement or compliance is satisfactory and the penalty has
been withdrawn.
(Source: Amended at 17 Ill. Reg. 10997, effective July 1, 1993)
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