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. |