093_SB1379enr SB1379 Enrolled LRB093 10331 EFG 10585 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 Illinois Procurement Code is amended by 5 adding Section 50-12 as follows: 6 (30 ILCS 500/50-12 new) 7 Sec. 50-12. Environmental Protection Act violations. 8 (a) Unless otherwise provided, no person or business 9 found by a court or the Pollution Control Board to have 10 committed a willful or knowing violation of Section 42 of the 11 Environmental Protection Act shall do business with the State 12 of Illinois or any State agency from the date of the order 13 containing the finding of violation until 5 years after that 14 date, unless the person or business can show that no person 15 involved in the violation continues to have any involvement 16 with the business. 17 (b) A person or business otherwise barred from doing 18 business with the State of Illinois or any State agency under 19 subsection (a) may be allowed to do business with the State 20 of Illinois or any State agency if it is shown that there is 21 no practicable alternative to the State to contracting with 22 that person or business. 23 (c) Every bid submitted to and contract executed by the 24 State shall contain a certification by the bidder or 25 contractor that the bidder or contractor is not barred from 26 being awarded a contract under this Section and that the 27 contractor acknowledges that the contracting State agency may 28 declare the contract void if the certification completed 29 pursuant to this subsection (c) is false. 30 Section 10. The Environmental Protection Act is amended SB1379 Enrolled -2- LRB093 10331 EFG 10585 b 1 by changing Sections 39 and 42 as follows: 2 (415 ILCS 5/39) (from Ch. 111 1/2, par. 1039) 3 Sec. 39. Issuance of permits; procedures. 4 (a) When the Board has by regulation required a permit 5 for the construction, installation, or operation of any type 6 of facility, equipment, vehicle, vessel, or aircraft, the 7 applicant shall apply to the Agency for such permit and it 8 shall be the duty of the Agency to issue such a permit upon 9 proof by the applicant that the facility, equipment, vehicle, 10 vessel, or aircraft will not cause a violation of this Act or 11 of regulations hereunder. The Agency shall adopt such 12 procedures as are necessary to carry out its duties under 13 this Section. In making its determinations on permit 14 applications under this Sectiongranting permitsthe Agency 15 may consider prior adjudications of noncompliance with this 16 Act by the applicant that involved a release of a contaminant 17 into the environment. In granting permits, the Agency may 18 impose reasonable conditions specifically related to the 19 applicant's past compliance history with this Act as 20 necessary to correct, detect, or prevent noncompliance. The 21 Agency may impose such other conditions as may be necessary 22 to accomplish the purposes of this Act, and as are not 23 inconsistent with the regulations promulgated by the Board 24 hereunder. Except as otherwise provided in this Act, a bond 25 or other security shall not be required as a condition for 26 the issuance of a permit. If the Agency denies any permit 27 under this Section, the Agency shall transmit to the 28 applicant within the time limitations of this Section 29 specific, detailed statements as to the reasons the permit 30 application was denied. Such statements shall include, but 31 not be limited to the following: 32 (i) the Sections of this Act which may be violated 33 if the permit were granted; SB1379 Enrolled -3- LRB093 10331 EFG 10585 b 1 (ii) the provision of the regulations, promulgated 2 under this Act, which may be violated if the permit were 3 granted; 4 (iii) the specific type of information, if any, 5 which the Agency deems the applicant did not provide the 6 Agency; and 7 (iv) a statement of specific reasons why the Act 8 and the regulations might not be met if the permit were 9 granted. 10 If there is no final action by the Agency within 90 days 11 after the filing of the application for permit, the applicant 12 may deem the permit issued; except that this time period 13 shall be extended to 180 days when (1) notice and opportunity 14 for public hearing are required by State or federal law or 15 regulation, (2) the application which was filed is for any 16 permit to develop a landfill subject to issuance pursuant to 17 this subsection, or (3) the application that was filed is for 18 a MSWLF unit required to issue public notice under subsection 19 (p) of Section 39. The 90-day and 180-day time periods for 20 the Agency to take final action do not apply to NPDES permit 21 applications under subsection (b) of this Section, to RCRA 22 permit applications under subsection (d) of this Section, or 23 to UIC permit applications under subsection (e) of this 24 Section. 25 The Agency shall publish notice of all final permit 26 determinations for development permits for MSWLF units and 27 for significant permit modifications for lateral expansions 28 for existing MSWLF units one time in a newspaper of general 29 circulation in the county in which the unit is or is proposed 30 to be located. 31 After January 1, 1994 and until July 1, 1998, operating 32 permits issued under this Section by the Agency for sources 33 of air pollution permitted to emit less than 25 tons per year 34 of any combination of regulated air pollutants, as defined in SB1379 Enrolled -4- LRB093 10331 EFG 10585 b 1 Section 39.5 of this Act, shall be required to be renewed 2 only upon written request by the Agency consistent with 3 applicable provisions of this Act and regulations promulgated 4 hereunder. Such operating permits shall expire 180 days 5 after the date of such a request. The Board shall revise its 6 regulations for the existing State air pollution operating 7 permit program consistent with this provision by January 1, 8 1994. 9 After June 30, 1998, operating permits issued under this 10 Section by the Agency for sources of air pollution that are 11 not subject to Section 39.5 of this Act and are not required 12 to have a federally enforceable State operating permit shall 13 be required to be renewed only upon written request by the 14 Agency consistent with applicable provisions of this Act and 15 its rules. Such operating permits shall expire 180 days 16 after the date of such a request. Before July 1, 1998, the 17 Board shall revise its rules for the existing State air 18 pollution operating permit program consistent with this 19 paragraph and shall adopt rules that require a source to 20 demonstrate that it qualifies for a permit under this 21 paragraph. 22 (b) The Agency may issue NPDES permits exclusively under 23 this subsection for the discharge of contaminants from point 24 sources into navigable waters, all as defined in the Federal 25 Water Pollution Control Act, as now or hereafter amended, 26 within the jurisdiction of the State, or into any well. 27 All NPDES permits shall contain those terms and 28 conditions, including but not limited to schedules of 29 compliance, which may be required to accomplish the purposes 30 and provisions of this Act. 31 The Agency may issue general NPDES permits for discharges 32 from categories of point sources which are subject to the 33 same permit limitations and conditions. Such general permits 34 may be issued without individual applications and shall SB1379 Enrolled -5- LRB093 10331 EFG 10585 b 1 conform to regulations promulgated under Section 402 of the 2 Federal Water Pollution Control Act, as now or hereafter 3 amended. 4 The Agency may include, among such conditions, effluent 5 limitations and other requirements established under this 6 Act, Board regulations, the Federal Water Pollution Control 7 Act, as now or hereafter amended, and regulations pursuant 8 thereto, and schedules for achieving compliance therewith at 9 the earliest reasonable date. 10 The Agency shall adopt filing requirements and procedures 11 which are necessary and appropriate for the issuance of NPDES 12 permits, and which are consistent with the Act or regulations 13 adopted by the Board, and with the Federal Water Pollution 14 Control Act, as now or hereafter amended, and regulations 15 pursuant thereto. 16 The Agency, subject to any conditions which may be 17 prescribed by Board regulations, may issue NPDES permits to 18 allow discharges beyond deadlines established by this Act or 19 by regulations of the Board without the requirement of a 20 variance, subject to the Federal Water Pollution Control Act, 21 as now or hereafter amended, and regulations pursuant 22 thereto. 23 (c) Except for those facilities owned or operated by 24 sanitary districts organized under the Metropolitan Water 25 Reclamation District Act, no permit for the development or 26 construction of a new pollution control facility may be 27 granted by the Agency unless the applicant submits proof to 28 the Agency that the location of the facility has been 29 approved by the County Board of the county if in an 30 unincorporated area, or the governing body of the 31 municipality when in an incorporated area, in which the 32 facility is to be located in accordance with Section 39.2 of 33 this Act. 34 In the event that siting approval granted pursuant to SB1379 Enrolled -6- LRB093 10331 EFG 10585 b 1 Section 39.2 has been transferred to a subsequent owner or 2 operator, that subsequent owner or operator may apply to the 3 Agency for, and the Agency may grant, a development or 4 construction permit for the facility for which local siting 5 approval was granted. Upon application to the Agency for a 6 development or construction permit by that subsequent owner 7 or operator, the permit applicant shall cause written notice 8 of the permit application to be served upon the appropriate 9 county board or governing body of the municipality that 10 granted siting approval for that facility and upon any party 11 to the siting proceeding pursuant to which siting approval 12 was granted. In that event, the Agency shall conduct an 13 evaluation of the subsequent owner or operator's prior 14 experience in waste management operations in the manner 15 conducted under subsection (i) of Section 39 of this Act. 16 Beginning August 20, 1993, if the pollution control 17 facility consists of a hazardous or solid waste disposal 18 facility for which the proposed site is located in an 19 unincorporated area of a county with a population of less 20 than 100,000 and includes all or a portion of a parcel of 21 land that was, on April 1, 1993, adjacent to a municipality 22 having a population of less than 5,000, then the local siting 23 review required under this subsection (c) in conjunction with 24 any permit applied for after that date shall be performed by 25 the governing body of that adjacent municipality rather than 26 the county board of the county in which the proposed site is 27 located; and for the purposes of that local siting review, 28 any references in this Act to the county board shall be 29 deemed to mean the governing body of that adjacent 30 municipality; provided, however, that the provisions of this 31 paragraph shall not apply to any proposed site which was, on 32 April 1, 1993, owned in whole or in part by another 33 municipality. 34 In the case of a pollution control facility for which a SB1379 Enrolled -7- LRB093 10331 EFG 10585 b 1 development permit was issued before November 12, 1981, if an 2 operating permit has not been issued by the Agency prior to 3 August 31, 1989 for any portion of the facility, then the 4 Agency may not issue or renew any development permit nor 5 issue an original operating permit for any portion of such 6 facility unless the applicant has submitted proof to the 7 Agency that the location of the facility has been approved by 8 the appropriate county board or municipal governing body 9 pursuant to Section 39.2 of this Act. 10 After January 1, 1994, if a solid waste disposal 11 facility, any portion for which an operating permit has been 12 issued by the Agency, has not accepted waste disposal for 5 13 or more consecutive calendars years, before that facility may 14 accept any new or additional waste for disposal, the owner 15 and operator must obtain a new operating permit under this 16 Act for that facility unless the owner and operator have 17 applied to the Agency for a permit authorizing the temporary 18 suspension of waste acceptance. The Agency may not issue a 19 new operation permit under this Act for the facility unless 20 the applicant has submitted proof to the Agency that the 21 location of the facility has been approved or re-approved by 22 the appropriate county board or municipal governing body 23 under Section 39.2 of this Act after the facility ceased 24 accepting waste. 25 Except for those facilities owned or operated by sanitary 26 districts organized under the Metropolitan Water Reclamation 27 District Act, and except for new pollution control facilities 28 governed by Section 39.2, and except for fossil fuel mining 29 facilities, the granting of a permit under this Act shall not 30 relieve the applicant from meeting and securing all necessary 31 zoning approvals from the unit of government having zoning 32 jurisdiction over the proposed facility. 33 Before beginning construction on any new sewage treatment 34 plant or sludge drying site to be owned or operated by a SB1379 Enrolled -8- LRB093 10331 EFG 10585 b 1 sanitary district organized under the Metropolitan Water 2 Reclamation District Act for which a new permit (rather than 3 the renewal or amendment of an existing permit) is required, 4 such sanitary district shall hold a public hearing within the 5 municipality within which the proposed facility is to be 6 located, or within the nearest community if the proposed 7 facility is to be located within an unincorporated area, at 8 which information concerning the proposed facility shall be 9 made available to the public, and members of the public shall 10 be given the opportunity to express their views concerning 11 the proposed facility. 12 The Agency may issue a permit for a municipal waste 13 transfer station without requiring approval pursuant to 14 Section 39.2 provided that the following demonstration is 15 made: 16 (1) the municipal waste transfer station was in 17 existence on or before January 1, 1979 and was in 18 continuous operation from January 1, 1979 to January 1, 19 1993; 20 (2) the operator submitted a permit application to 21 the Agency to develop and operate the municipal waste 22 transfer station during April of 1994; 23 (3) the operator can demonstrate that the county 24 board of the county, if the municipal waste transfer 25 station is in an unincorporated area, or the governing 26 body of the municipality, if the station is in an 27 incorporated area, does not object to resumption of the 28 operation of the station; and 29 (4) the site has local zoning approval. 30 (d) The Agency may issue RCRA permits exclusively under 31 this subsection to persons owning or operating a facility for 32 the treatment, storage, or disposal of hazardous waste as 33 defined under this Act. 34 All RCRA permits shall contain those terms and SB1379 Enrolled -9- LRB093 10331 EFG 10585 b 1 conditions, including but not limited to schedules of 2 compliance, which may be required to accomplish the purposes 3 and provisions of this Act. The Agency may include among 4 such conditions standards and other requirements established 5 under this Act, Board regulations, the Resource Conservation 6 and Recovery Act of 1976 (P.L. 94-580), as amended, and 7 regulations pursuant thereto, and may include schedules for 8 achieving compliance therewith as soon as possible. The 9 Agency shall require that a performance bond or other 10 security be provided as a condition for the issuance of a 11 RCRA permit. 12 In the case of a permit to operate a hazardous waste or 13 PCB incinerator as defined in subsection (k) of Section 44, 14 the Agency shall require, as a condition of the permit, that 15 the operator of the facility perform such analyses of the 16 waste to be incinerated as may be necessary and appropriate 17 to ensure the safe operation of the incinerator. 18 The Agency shall adopt filing requirements and procedures 19 which are necessary and appropriate for the issuance of RCRA 20 permits, and which are consistent with the Act or regulations 21 adopted by the Board, and with the Resource Conservation and 22 Recovery Act of 1976 (P.L. 94-580), as amended, and 23 regulations pursuant thereto. 24 The applicant shall make available to the public for 25 inspection all documents submitted by the applicant to the 26 Agency in furtherance of an application, with the exception 27 of trade secrets, at the office of the county board or 28 governing body of the municipality. Such documents may be 29 copied upon payment of the actual cost of reproduction during 30 regular business hours of the local office. The Agency shall 31 issue a written statement concurrent with its grant or denial 32 of the permit explaining the basis for its decision. 33 (e) The Agency may issue UIC permits exclusively under 34 this subsection to persons owning or operating a facility for SB1379 Enrolled -10- LRB093 10331 EFG 10585 b 1 the underground injection of contaminants as defined under 2 this Act. 3 All UIC permits shall contain those terms and conditions, 4 including but not limited to schedules of compliance, which 5 may be required to accomplish the purposes and provisions of 6 this Act. The Agency may include among such conditions 7 standards and other requirements established under this Act, 8 Board regulations, the Safe Drinking Water Act (P.L. 93-523), 9 as amended, and regulations pursuant thereto, and may include 10 schedules for achieving compliance therewith. The Agency 11 shall require that a performance bond or other security be 12 provided as a condition for the issuance of a UIC permit. 13 The Agency shall adopt filing requirements and procedures 14 which are necessary and appropriate for the issuance of UIC 15 permits, and which are consistent with the Act or regulations 16 adopted by the Board, and with the Safe Drinking Water Act 17 (P.L. 93-523), as amended, and regulations pursuant thereto. 18 The applicant shall make available to the public for 19 inspection, all documents submitted by the applicant to the 20 Agency in furtherance of an application, with the exception 21 of trade secrets, at the office of the county board or 22 governing body of the municipality. Such documents may be 23 copied upon payment of the actual cost of reproduction during 24 regular business hours of the local office. The Agency shall 25 issue a written statement concurrent with its grant or denial 26 of the permit explaining the basis for its decision. 27 (f) In making any determination pursuant to Section 9.1 28 of this Act: 29 (1) The Agency shall have authority to make the 30 determination of any question required to be determined 31 by the Clean Air Act, as now or hereafter amended, this 32 Act, or the regulations of the Board, including the 33 determination of the Lowest Achievable Emission Rate, 34 Maximum Achievable Control Technology, or Best Available SB1379 Enrolled -11- LRB093 10331 EFG 10585 b 1 Control Technology, consistent with the Board's 2 regulations, if any. 3 (2) The Agency shall, after conferring with the 4 applicant, give written notice to the applicant of its 5 proposed decision on the application including the terms 6 and conditions of the permit to be issued and the facts, 7 conduct or other basis upon which the Agency will rely to 8 support its proposed action. 9 (3) Following such notice, the Agency shall give 10 the applicant an opportunity for a hearing in accordance 11 with the provisions of Sections 10-25 through 10-60 of 12 the Illinois Administrative Procedure Act. 13 (g) The Agency shall include as conditions upon all 14 permits issued for hazardous waste disposal sites such 15 restrictions upon the future use of such sites as are 16 reasonably necessary to protect public health and the 17 environment, including permanent prohibition of the use of 18 such sites for purposes which may create an unreasonable risk 19 of injury to human health or to the environment. After 20 administrative and judicial challenges to such restrictions 21 have been exhausted, the Agency shall file such restrictions 22 of record in the Office of the Recorder of the county in 23 which the hazardous waste disposal site is located. 24 (h) A hazardous waste stream may not be deposited in a 25 permitted hazardous waste site unless specific authorization 26 is obtained from the Agency by the generator and disposal 27 site owner and operator for the deposit of that specific 28 hazardous waste stream. The Agency may grant specific 29 authorization for disposal of hazardous waste streams only 30 after the generator has reasonably demonstrated that, 31 considering technological feasibility and economic 32 reasonableness, the hazardous waste cannot be reasonably 33 recycled for reuse, nor incinerated or chemically, physically 34 or biologically treated so as to neutralize the hazardous SB1379 Enrolled -12- LRB093 10331 EFG 10585 b 1 waste and render it nonhazardous. In granting authorization 2 under this Section, the Agency may impose such conditions as 3 may be necessary to accomplish the purposes of the Act and 4 are consistent with this Act and regulations promulgated by 5 the Board hereunder. If the Agency refuses to grant 6 authorization under this Section, the applicant may appeal as 7 if the Agency refused to grant a permit, pursuant to the 8 provisions of subsection (a) of Section 40 of this Act. For 9 purposes of this subsection (h), the term "generator" has the 10 meaning given in Section 3.205 of this Act, unless: (1) the 11 hazardous waste is treated, incinerated, or partially 12 recycled for reuse prior to disposal, in which case the last 13 person who treats, incinerates, or partially recycles the 14 hazardous waste prior to disposal is the generator; or (2) 15 the hazardous waste is from a response action, in which case 16 the person performing the response action is the generator. 17 This subsection (h) does not apply to any hazardous waste 18 that is restricted from land disposal under 35 Ill. Adm. Code 19 728. 20 (i) Before issuing any RCRA permit or any permit for a 21 waste storage site, sanitary landfill, waste disposal site, 22 waste transfer station, waste treatment facility, waste 23 incinerator, or any waste-transportation operation, the 24 Agency shall conduct an evaluation of the prospective owner's 25 or operator's prior experience in waste management 26 operations. The Agency may deny such a permit if the 27 prospective owner or operator or any employee or officer of 28 the prospective owner or operator has a history of: 29 (1) repeated violations of federal, State, or local 30 laws, regulations, standards, or ordinances in the 31 operation of waste management facilities or sites; or 32 (2) conviction in this or another State of any 33 crime which is a felony under the laws of this State, or 34 conviction of a felony in a federal court; or SB1379 Enrolled -13- LRB093 10331 EFG 10585 b 1 (3) proof of gross carelessness or incompetence in 2 handling, storing, processing, transporting or disposing 3 of waste. 4 (j) The issuance under this Act of a permit to engage in 5 the surface mining of any resources other than fossil fuels 6 shall not relieve the permittee from its duty to comply with 7 any applicable local law regulating the commencement, 8 location or operation of surface mining facilities. 9 (k) A development permit issued under subsection (a) of 10 Section 39 for any facility or site which is required to have 11 a permit under subsection (d) of Section 21 shall expire at 12 the end of 2 calendar years from the date upon which it was 13 issued, unless within that period the applicant has taken 14 action to develop the facility or the site. In the event that 15 review of the conditions of the development permit is sought 16 pursuant to Section 40 or 41, or permittee is prevented from 17 commencing development of the facility or site by any other 18 litigation beyond the permittee's control, such two-year 19 period shall be deemed to begin on the date upon which such 20 review process or litigation is concluded. 21 (l) No permit shall be issued by the Agency under this 22 Act for construction or operation of any facility or site 23 located within the boundaries of any setback zone established 24 pursuant to this Act, where such construction or operation is 25 prohibited. 26 (m) The Agency may issue permits to persons owning or 27 operating a facility for composting landscape waste. In 28 granting such permits, the Agency may impose such conditions 29 as may be necessary to accomplish the purposes of this Act, 30 and as are not inconsistent with applicable regulations 31 promulgated by the Board. Except as otherwise provided in 32 this Act, a bond or other security shall not be required as a 33 condition for the issuance of a permit. If the Agency denies 34 any permit pursuant to this subsection, the Agency shall SB1379 Enrolled -14- LRB093 10331 EFG 10585 b 1 transmit to the applicant within the time limitations of this 2 subsection specific, detailed statements as to the reasons 3 the permit application was denied. Such statements shall 4 include but not be limited to the following: 5 (1) the Sections of this Act that may be violated 6 if the permit were granted; 7 (2) the specific regulations promulgated pursuant 8 to this Act that may be violated if the permit were 9 granted; 10 (3) the specific information, if any, the Agency 11 deems the applicant did not provide in its application to 12 the Agency; and 13 (4) a statement of specific reasons why the Act and 14 the regulations might be violated if the permit were 15 granted. 16 If no final action is taken by the Agency within 90 days 17 after the filing of the application for permit, the applicant 18 may deem the permit issued. Any applicant for a permit may 19 waive the 90 day limitation by filing a written statement 20 with the Agency. 21 The Agency shall issue permits for such facilities upon 22 receipt of an application that includes a legal description 23 of the site, a topographic map of the site drawn to the scale 24 of 200 feet to the inch or larger, a description of the 25 operation, including the area served, an estimate of the 26 volume of materials to be processed, and documentation that: 27 (1) the facility includes a setback of at least 200 28 feet from the nearest potable water supply well; 29 (2) the facility is located outside the boundary of 30 the 10-year floodplain or the site will be floodproofed; 31 (3) the facility is located so as to minimize 32 incompatibility with the character of the surrounding 33 area, including at least a 200 foot setback from any 34 residence, and in the case of a facility that is SB1379 Enrolled -15- LRB093 10331 EFG 10585 b 1 developed or the permitted composting area of which is 2 expanded after November 17, 1991, the composting area is 3 located at least 1/8 mile from the nearest residence 4 (other than a residence located on the same property as 5 the facility); 6 (4) the design of the facility will prevent any 7 compost material from being placed within 5 feet of the 8 water table, will adequately control runoff from the 9 site, and will collect and manage any leachate that is 10 generated on the site; 11 (5) the operation of the facility will include 12 appropriate dust and odor control measures, limitations 13 on operating hours, appropriate noise control measures 14 for shredding, chipping and similar equipment, management 15 procedures for composting, containment and disposal of 16 non-compostable wastes, procedures to be used for 17 terminating operations at the site, and recordkeeping 18 sufficient to document the amount of materials received, 19 composted and otherwise disposed of; and 20 (6) the operation will be conducted in accordance 21 with any applicable rules adopted by the Board. 22 The Agency shall issue renewable permits of not longer 23 than 10 years in duration for the composting of landscape 24 wastes, as defined in Section 3.155 of this Act, based on the 25 above requirements. 26 The operator of any facility permitted under this 27 subsection (m) must submit a written annual statement to the 28 Agency on or before April 1 of each year that includes an 29 estimate of the amount of material, in tons, received for 30 composting. 31 (n) The Agency shall issue permits jointly with the 32 Department of Transportation for the dredging or deposit of 33 material in Lake Michigan in accordance with Section 18 of 34 the Rivers, Lakes, and Streams Act. SB1379 Enrolled -16- LRB093 10331 EFG 10585 b 1 (o) (Blank.) 2 (p) (1) Any person submitting an application for a 3 permit for a new MSWLF unit or for a lateral expansion under 4 subsection (t) of Section 21 of this Act for an existing 5 MSWLF unit that has not received and is not subject to local 6 siting approval under Section 39.2 of this Act shall publish 7 notice of the application in a newspaper of general 8 circulation in the county in which the MSWLF unit is or is 9 proposed to be located. The notice must be published at 10 least 15 days before submission of the permit application to 11 the Agency. The notice shall state the name and address of 12 the applicant, the location of the MSWLF unit or proposed 13 MSWLF unit, the nature and size of the MSWLF unit or proposed 14 MSWLF unit, the nature of the activity proposed, the probable 15 life of the proposed activity, the date the permit 16 application will be submitted, and a statement that persons 17 may file written comments with the Agency concerning the 18 permit application within 30 days after the filing of the 19 permit application unless the time period to submit comments 20 is extended by the Agency. 21 When a permit applicant submits information to the Agency 22 to supplement a permit application being reviewed by the 23 Agency, the applicant shall not be required to reissue the 24 notice under this subsection. 25 (2) The Agency shall accept written comments concerning 26 the permit application that are postmarked no later than 30 27 days after the filing of the permit application, unless the 28 time period to accept comments is extended by the Agency. 29 (3) Each applicant for a permit described in part (1) of 30 this subsection shall file a copy of the permit application 31 with the county board or governing body of the municipality 32 in which the MSWLF unit is or is proposed to be located at 33 the same time the application is submitted to the Agency. 34 The permit application filed with the county board or SB1379 Enrolled -17- LRB093 10331 EFG 10585 b 1 governing body of the municipality shall include all 2 documents submitted to or to be submitted to the Agency, 3 except trade secrets as determined under Section 7.1 of this 4 Act. The permit application and other documents on file with 5 the county board or governing body of the municipality shall 6 be made available for public inspection during regular 7 business hours at the office of the county board or the 8 governing body of the municipality and may be copied upon 9 payment of the actual cost of reproduction. 10 (Source: P.A. 92-574, eff. 6-26-02.) 11 (415 ILCS 5/42) (from Ch. 111 1/2, par. 1042) 12 Sec. 42. Civil penalties. 13 (a) Except as provided in this Section, any person that 14 violates any provision of this Act or any regulation adopted 15 by the Board, or any permit or term or condition thereof, or 16 that violates any determination or order of the Board 17 pursuant to this Act, shall be liable to a civil penalty of 18 not to exceed $50,000 for the violation and an additional 19 civil penalty of not to exceed $10,000 for each day during 20 which the violation continues; such penalties may, upon order 21 of the Board or a court of competent jurisdiction, be made 22 payable to the Environmental Protection Trust Fund, to be 23 used in accordance with the provisions of the Environmental 24 Protection Trust Fund Act. 25 (b) Notwithstanding the provisions of subsection (a) of 26 this Section: 27 (1) Any person that violates Section 12(f) of this 28 Act or any NPDES permit or term or condition thereof, or 29 any filing requirement, regulation or order relating to 30 the NPDES permit program, shall be liable to a civil 31 penalty of not to exceed $10,000 per day of violation. 32 (2) Any person that violates Section 12(g) of this 33 Act or any UIC permit or term or condition thereof, or SB1379 Enrolled -18- LRB093 10331 EFG 10585 b 1 any filing requirement, regulation or order relating to 2 the State UIC program for all wells, except Class II 3 wells as defined by the Board under this Act, shall be 4 liable to a civil penalty not to exceed $2,500 per day of 5 violation; provided, however, that any person who commits 6 such violations relating to the State UIC program for 7 Class II wells, as defined by the Board under this Act, 8 shall be liable to a civil penalty of not to exceed 9 $10,000 for the violation and an additional civil penalty 10 of not to exceed $1,000 for each day during which the 11 violation continues. 12 (3) Any person that violates Sections 21(f), 21(g), 13 21(h) or 21(i) of this Act, or any RCRA permit or term or 14 condition thereof, or any filing requirement, regulation 15 or order relating to the State RCRA program, shall be 16 liable to a civil penalty of not to exceed $25,000 per 17 day of violation. 18 (4) In an administrative citation action under 19 Section 31.1 of this Act, any person found to have 20 violated any provision of subsection (o) of Section 21 of 21 this Act shall pay a civil penalty of $500 for each 22 violation of each such provision, plus any hearing costs 23 incurred by the Board and the Agency. Such penalties 24 shall be made payable to the Environmental Protection 25 Trust Fund, to be used in accordance with the provisions 26 of the Environmental Protection Trust Fund Act; except 27 that if a unit of local government issued the 28 administrative citation, 50% of the civil penalty shall 29 be payable to the unit of local government. 30 (4-5) In an administrative citation action under 31 Section 31.1 of this Act, any person found to have 32 violated any provision of subsection (p) of Section 21 of 33 this Act shall pay a civil penalty of $1,500 for a first 34 offense and $3,000 for a second or subsequent offense, SB1379 Enrolled -19- LRB093 10331 EFG 10585 b 1 plus any hearing costs incurred by the Board and the 2 Agency. The penalties shall be deposited into the 3 Environmental Protection Trust Fund, to be used in 4 accordance with the provisions of the Environmental 5 Protection Trust Fund Act; except that if a unit of local 6 government issued the administrative citation, 50% of the 7 civil penalty shall be payable to the unit of local 8 government. 9 (5) Any person who violates subsection 6 of Section 10 39.5 of this Act or any CAAPP permit, or term or 11 condition thereof, or any fee or filing requirement, or 12 any duty to allow or carry out inspection, entry or 13 monitoring activities, or any regulation or order 14 relating to the CAAPP shall be liable for a civil penalty 15 not to exceed $10,000 per day of violation. 16 (b.5) In lieu of the penalties set forth in subsections 17 (a) and (b) of this Section, any person who fails to file, in 18 a timely manner, toxic chemical release forms with the Agency 19 pursuant to Section 25b-2 of this Act shall be liable for a 20 civil penalty of $100 per day for each day the forms are 21 late, not to exceed a maximum total penalty of $6,000. This 22 daily penalty shall begin accruing on the thirty-first day 23 after the date that the person receives the warning notice 24 issued by the Agency pursuant to Section 25b-6 of this Act; 25 and the penalty shall be paid to the Agency. The daily 26 accrual of penalties shall cease as of January 1 of the 27 following year. All penalties collected by the Agency 28 pursuant to this subsection shall be deposited into the 29 Environmental Protection Permit and Inspection Fund. 30 (c) Any person that violates this Act, or an order or 31 other determination of the Board under this Act and causes 32 the death of fish or aquatic life shall, in addition to the 33 other penalties provided by this Act, be liable to pay to the 34 State an additional sum for the reasonable value of the fish SB1379 Enrolled -20- LRB093 10331 EFG 10585 b 1 or aquatic life destroyed. Any money so recovered shall be 2 placed in the Wildlife and Fish Fund in the State Treasury. 3 (d) The penalties provided for in this Section may be 4 recovered in a civil action. 5 (e) The State's Attorney of the county in which the 6 violation occurred, or the Attorney General, may, at the 7 request of the Agency or on his own motion, institute a civil 8 action for an injunction to restrain violations of this Act. 9 (f) The State's Attorney of the county in which the 10 violation occurred, or the Attorney General, shall bring such 11 actions in the name of the people of the State of Illinois. 12 Without limiting any other authority which may exist for the 13 awarding of attorney's fees and costs, the Board or a court 14 of competent jurisdiction may award costs and reasonable 15 attorney's fees, including the reasonable costs of expert 16 witnesses and consultants, to the State's Attorney or the 17 Attorney General in a case where he has prevailed against a 18 person who has committed a wilful, knowing or repeated 19 violation of the Act. 20 Any funds collected under this subsection (f) in which 21 the Attorney General has prevailed shall be deposited in the 22 Hazardous Waste Fund created in Section 22.2 of this Act. Any 23 funds collected under this subsection (f) in which a State's 24 Attorney has prevailed shall be retained by the county in 25 which he serves. 26 (g) All final orders imposing civil penalties pursuant 27 to this Section shall prescribe the time for payment of such 28 penalties. If any such penalty is not paid within the time 29 prescribed, interest on such penalty at the rate set forth in 30 subsection (a) of Section 1003 of the Illinois Income Tax 31 Act, shall be paid for the period from the date payment is 32 due until the date payment is received. However, if the time 33 for payment is stayed during the pendency of an appeal, 34 interest shall not accrue during such stay. SB1379 Enrolled -21- LRB093 10331 EFG 10585 b 1 (h) In determining the appropriate civil penalty to be 2 imposed under subdivisions (a), (b)(1), (b)(2), (b)(3), or 3 (b)(5) of this Section, the Board is authorized to consider 4 any matters of record in mitigation or aggravation of 5 penalty, including but not limited to the following factors: 6 (1) the duration and gravity of the violation; 7 (2) the presence or absence of due diligence on the 8 part of the respondentviolatorin attempting to comply 9 with requirements of this Act and regulations thereunder 10 or to secure relief therefrom as provided by this Act; 11 (3) any economic benefits accrued by the respondent 12violatorbecause of delay in compliance with 13 requirements, in which case the economic benefits shall 14 be determined by the lowest cost alternative for 15 achieving compliance; 16 (4) the amount of monetary penalty which will serve 17 to deter further violations by the respondentviolator18 and to otherwise aid in enhancing voluntary compliance 19 with this Act by the respondentviolatorand other 20 persons similarly subject to the Act;and21 (5) the number, proximity in time, and gravity of 22 previously adjudicated violations of this Act by the 23 respondent;violator.24 (6) whether the respondent voluntarily 25 self-disclosed, in accordance with subsection (i) of this 26 Section, the non-compliance to the Agency; and 27 (7) whether the respondent has agreed to undertake 28 a "supplemental environmental project," which means an 29 environmentally beneficial project that a respondent 30 agrees to undertake in settlement of an enforcement 31 action brought under this Act, but which the respondent 32 is not otherwise legally required to perform. 33 In determining the appropriate civil penalty to be 34 imposed under subsection (a) or paragraph (1), (2), (3), or SB1379 Enrolled -22- LRB093 10331 EFG 10585 b 1 (5) of subsection (b) of this Section, the Board shall 2 ensure, in all cases, that the penalty is at least as great 3 as the economic benefits, if any, accrued by the respondent 4 as a result of the violation, unless the Board finds that 5 imposition of such penalty would result in an arbitrary or 6 unreasonable financial hardship. However, such civil penalty 7 may be off-set in whole or in part pursuant to a supplemental 8 environmental project agreed to by the complainant and the 9 respondent. 10 (i) A person who voluntarily self-discloses 11 non-compliance to the Agency, of which the Agency had been 12 unaware, is entitled to a 100% reduction in the portion of 13 the penalty that is not based on the economic benefit of 14 non-compliance if the person can establish the following: 15 (1) that the non-compliance was discovered through 16 an environmental audit, as defined in Section 52.2 of 17 this Act, and the person waives the environmental audit 18 privileges as provided in that Section with respect to 19 that non-compliance; 20 (2) that the non-compliance was disclosed in 21 writing within 30 days of the date on which the person 22 discovered it; 23 (3) that the non-compliance was discovered and 24 disclosed prior to: 25 (i) the commencement of an Agency inspection, 26 investigation, or request for information; 27 (ii) notice of a citizen suit; 28 (iii) the filing of a complaint by a citizen, 29 the Illinois Attorney General, or the State's 30 Attorney of the county in which the violation 31 occurred; 32 (iv) the reporting of the non-compliance by an 33 employee of the person without that person's 34 knowledge; or SB1379 Enrolled -23- LRB093 10331 EFG 10585 b 1 (v) imminent discovery of the non-compliance 2 by the Agency; 3 (4) that the non-compliance is being corrected and 4 any environmental harm is being remediated in a timely 5 fashion; 6 (5) that the person agrees to prevent a recurrence 7 of the non-compliance; 8 (6) that no related non-compliance events have 9 occurred in the past 3 years at the same facility or in 10 the past 5 years as part of a pattern at multiple 11 facilities owned or operated by the person; 12 (7) that the non-compliance did not result in 13 serious actual harm or present an imminent and 14 substantial endangerment to human health or the 15 environment or violate the specific terms of any judicial 16 or administrative order or consent agreement; 17 (8) that the person cooperates as reasonably 18 requested by the Agency after the disclosure; and 19 (9) that the non-compliance was identified 20 voluntarily and not through a monitoring, sampling, or 21 auditing procedure that is required by statute, rule, 22 permit, judicial or administrative order, or consent 23 agreement. 24 If a person can establish all of the elements under this 25 subsection except the element set forth in paragraph (1) of 26 this subsection, the person is entitled to a 75% reduction in 27 the portion of the penalty that is not based upon the 28 economic benefit of non-compliance. 29 (Source: P.A. 90-773, eff. 8-14-98; 91-82, eff. 1-1-00.)