093_HB1726eng

 
HB1726 Engrossed                     LRB093 05105 EFG 05165 b

 1        AN ACT in relation to environmental protection.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Environmental Protection Act  is  amended
 5    by changing Section 42 as follows:

 6        (415 ILCS 5/42) (from Ch. 111 1/2, par. 1042)
 7        Sec. 42.  Civil penalties.
 8        (a)  Except  as  otherwise  provided in this Section, any
 9    person that  violates  any  provision  of  this  Act  or  any
10    regulation  adopted  by  the  Board, or any permit or term or
11    condition thereof, or  that  violates  any  determination  or
12    order of the Board pursuant to this Act, shall be liable to a
13    civil  penalty of not to exceed $50,000 for the violation and
14    an additional civil penalty of not to exceed $10,000 for each
15    day during which the violation continues; such penalties may,
16    upon order of the Board or a court of competent jurisdiction,
17    be made payable to the Environmental Protection  Trust  Fund,
18    to   be  used  in  accordance  with  the  provisions  of  the
19    Environmental Protection Trust Fund Act.
20        (b)  Notwithstanding the provisions of subsection (a)  of
21    this Section:
22             (1)  Any  person that violates Section 12(f) of this
23        Act or any NPDES permit or term or condition thereof,  or
24        any  filing  requirement, regulation or order relating to
25        the NPDES permit program, shall  be  liable  to  a  civil
26        penalty of not to exceed $10,000 per day of violation.
27             (2)  Any  person that violates Section 12(g) of this
28        Act or any UIC permit or term or  condition  thereof,  or
29        any  filing  requirement, regulation or order relating to
30        the State UIC program for  all  wells,  except  Class  II
31        wells  as  defined  by the Board under this Act, shall be
 
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 1        liable to a civil penalty not to exceed $2,500 per day of
 2        violation; provided, however, that any person who commits
 3        such violations relating to the  State  UIC  program  for
 4        Class  II  wells, as defined by the Board under this Act,
 5        shall be liable to a  civil  penalty  of  not  to  exceed
 6        $10,000 for the violation and an additional civil penalty
 7        of  not  to  exceed  $1,000 for each day during which the
 8        violation continues.
 9             (3)  Any person that violates Sections 21(f), 21(g),
10        21(h) or 21(i) of this Act, or any RCRA permit or term or
11        condition thereof, or any filing requirement,  regulation
12        or  order  relating  to  the State RCRA program, shall be
13        liable to a civil penalty of not to  exceed  $25,000  per
14        day of violation.
15             (4)  In  an  administrative  citation  action  under
16        Section  31.1  of  this  Act,  any  person  found to have
17        violated any provision of subsection (o) of Section 21 of
18        this Act shall pay a  civil  penalty  of  $500  for  each
19        violation  of each such provision, plus any hearing costs
20        incurred by the Board and  the  Agency.   Such  penalties
21        shall  be  made  payable  to the Environmental Protection
22        Trust Fund, to be used in accordance with the  provisions
23        of  the  Environmental  Protection Trust Fund Act; except
24        that  if  a  unit  of   local   government   issued   the
25        administrative  citation,  50% of the civil penalty shall
26        be payable to the unit of local government.
27             (4-5)  In an administrative  citation  action  under
28        Section  31.1  of  this  Act,  any  person  found to have
29        violated any provision of subsection (p) of Section 21 of
30        this Act shall pay a civil penalty of $1,500 for a  first
31        offense  and  $3,000  for a second or subsequent offense,
32        plus any hearing costs incurred  by  the  Board  and  the
33        Agency.   The  penalties  shall  be  deposited  into  the
34        Environmental  Protection  Trust  Fund,  to  be  used  in
 
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 1        accordance  with  the  provisions  of  the  Environmental
 2        Protection Trust Fund Act; except that if a unit of local
 3        government issued the administrative citation, 50% of the
 4        civil  penalty  shall  be  payable  to  the unit of local
 5        government.
 6             (5)  Any person who violates subsection 6 of Section
 7        39.5 of  this  Act  or  any  CAAPP  permit,  or  term  or
 8        condition  thereof,  or any fee or filing requirement, or
 9        any duty to allow  or  carry  out  inspection,  entry  or
10        monitoring   activities,   or  any  regulation  or  order
11        relating to the CAAPP shall be liable for a civil penalty
12        not to exceed $10,000 per day of violation.
13        (b.5)  In lieu of the penalties set forth in  subsections
14    (a) and (b) of this Section, any person who fails to file, in
15    a timely manner, toxic chemical release forms with the Agency
16    pursuant  to  Section 25b-2 of this Act shall be liable for a
17    civil penalty of $100 per day for  each  day  the  forms  are
18    late,  not  to exceed a maximum total penalty of $6,000. This
19    daily penalty shall begin accruing on  the  thirty-first  day
20    after  the  date  that the person receives the warning notice
21    issued by the Agency pursuant to Section 25b-6 of  this  Act;
22    and  the  penalty  shall  be  paid  to  the Agency. The daily
23    accrual of penalties shall cease  as  of  January  1  of  the
24    following   year.  All  penalties  collected  by  the  Agency
25    pursuant to this  subsection  shall  be  deposited  into  the
26    Environmental Protection Permit and Inspection Fund.
27        (c)  Any  person  that  violates this Act, or an order or
28    other determination of the Board under this  Act  and  causes
29    the  death  of fish or aquatic life shall, in addition to the
30    other penalties provided by this Act, be liable to pay to the
31    State an additional sum for the reasonable value of the  fish
32    or  aquatic  life  destroyed. Any money so recovered shall be
33    placed in the Wildlife and Fish Fund in the State Treasury.
34        (d)  The penalties provided for in this  Section  may  be
 
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 1    recovered in a civil action.
 2        (e)  The  State's  Attorney  of  the  county in which the
 3    violation occurred, or the  Attorney  General,  may,  at  the
 4    request of the Agency or on his own motion, institute a civil
 5    action for an injunction to restrain violations of this Act.
 6        (f)  The  State's  Attorney  of  the  county in which the
 7    violation occurred, or the Attorney General, shall bring such
 8    actions in the name of the people of the State  of  Illinois.
 9    Without  limiting any other authority which may exist for the
10    awarding of attorney's fees and costs, the Board or  a  court
11    of  competent  jurisdiction  may  award  costs and reasonable
12    attorney's fees, including the  reasonable  costs  of  expert
13    witnesses  and  consultants,  to  the State's Attorney or the
14    Attorney General in a case where he has prevailed  against  a
15    person  who  has  committed  a  wilful,  knowing  or repeated
16    violation of the Act.
17        Any funds collected under this subsection  (f)  in  which
18    the  Attorney General has prevailed shall be deposited in the
19    Hazardous Waste Fund created in Section 22.2 of this Act. Any
20    funds collected under this subsection (f) in which a  State's
21    Attorney  has  prevailed  shall  be retained by the county in
22    which he serves.
23        (g)  All final orders imposing civil  penalties  pursuant
24    to  this Section shall prescribe the time for payment of such
25    penalties.  If any such penalty is not paid within  the  time
26    prescribed, interest on such penalty at the rate set forth in
27    subsection  (a)  of  Section  1003 of the Illinois Income Tax
28    Act, shall be paid for the period from the  date  payment  is
29    due until the date payment is received.  However, if the time
30    for  payment  is  stayed  during  the  pendency of an appeal,
31    interest shall not accrue during such stay.
32        (h)  In determining the appropriate civil penalty  to  be
33    imposed  under subdivisions  (a), (b)(1), (b)(2),  (b)(3), or
34    (b)(5)  of  this Section, the Board is authorized to consider
 
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 1    any  matters  of  record  in  mitigation  or  aggravation  of
 2    penalty, including but not limited to the following factors:
 3             (1)  the duration and gravity of the violation;
 4             (2)  the presence or absence of due diligence on the
 5        part  of  the  violator  in  attempting  to  comply  with
 6        requirements of this Act and regulations thereunder or to
 7        secure relief therefrom as provided by this Act;
 8             (3)  any economic benefits accrued by  the  violator
 9        because of delay in compliance with requirements;
10             (4)  the amount of monetary penalty which will serve
11        to  deter  further  violations  by  the  violator  and to
12        otherwise aid in enhancing voluntary compliance with this
13        Act by the violator and other persons  similarly  subject
14        to the Act; and
15             (5)  the  number,  proximity in time, and gravity of
16        previously adjudicated violations  of  this  Act  by  the
17        violator.
18    (Source: P.A. 90-773, eff. 8-14-98; 91-82, eff. 1-1-00.)