093_SB1379ham001
LRB093 10331 LRD 15718 a
1 AMENDMENT TO SENATE BILL 1379
2 AMENDMENT NO. . Amend Senate Bill 1379 by replacing
3 everything after the enacting clause with the following:
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 the Environmental
11 Protection Act shall do business with the State of Illinois
12 or any State agency from the date of the order containing the
13 finding of violation until 5 years after that date, unless
14 the person or business can show that no person involved in
15 the violation continues to have any involvement with the
16 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.
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1 (c) Every bid submitted to and contract executed by the
2 State shall contain a certification by the bidder or
3 contractor that the bidder or contractor is not barred from
4 being awarded a contract under this Section and that the
5 contractor acknowledges that the contracting State agency may
6 declare the contract void if the certification completed
7 pursuant to this subsection (c) is false.
8 Section 10. The Environmental Protection Act is amended
9 by changing Sections 39 and 42 as follows:
10 (415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
11 Sec. 39. Issuance of permits; procedures.
12 (a) When the Board has by regulation required a permit
13 for the construction, installation, or operation of any type
14 of facility, equipment, vehicle, vessel, or aircraft, the
15 applicant shall apply to the Agency for such permit and it
16 shall be the duty of the Agency to issue such a permit upon
17 proof by the applicant that the facility, equipment, vehicle,
18 vessel, or aircraft will not cause a violation of this Act or
19 of regulations hereunder. The Agency shall adopt such
20 procedures as are necessary to carry out its duties under
21 this Section. In making its determinations on permit
22 applications under this Section granting permits the Agency
23 may consider prior adjudications of noncompliance with this
24 Act by the applicant. In granting permits, the Agency may
25 impose reasonable conditions related to the applicant's
26 history of compliance or noncompliance with this Act and may
27 impose such conditions as may be necessary to accomplish the
28 purposes of this Act, and as are not inconsistent with the
29 regulations promulgated by the Board hereunder. Except as
30 otherwise provided in this Act, a bond or other security
31 shall not be required as a condition for the issuance of a
32 permit. If the Agency denies any permit under this Section,
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1 the Agency shall transmit to the applicant within the time
2 limitations of this Section specific, detailed statements as
3 to the reasons the permit application was denied. Such
4 statements shall include, but not be limited to the
5 following:
6 (i) the Sections of this Act which may be violated
7 if the permit were granted;
8 (ii) the provision of the regulations, promulgated
9 under this Act, which may be violated if the permit were
10 granted;
11 (iii) the specific type of information, if any,
12 which the Agency deems the applicant did not provide the
13 Agency; and
14 (iv) a statement of specific reasons why the Act
15 and the regulations might not be met if the permit were
16 granted.
17 If there is no final action by the Agency within 90 days
18 after the filing of the application for permit, the applicant
19 may deem the permit issued; except that this time period
20 shall be extended to 180 days when (1) notice and opportunity
21 for public hearing are required by State or federal law or
22 regulation, (2) the application which was filed is for any
23 permit to develop a landfill subject to issuance pursuant to
24 this subsection, or (3) the application that was filed is for
25 a MSWLF unit required to issue public notice under subsection
26 (p) of Section 39. The 90-day and 180-day time periods for
27 the Agency to take final action do not apply to NPDES permit
28 applications under subsection (b) of this Section, to RCRA
29 permit applications under subsection (d) of this Section, or
30 to UIC permit applications under subsection (e) of this
31 Section.
32 The Agency shall publish notice of all final permit
33 determinations for development permits for MSWLF units and
34 for significant permit modifications for lateral expansions
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1 for existing MSWLF units one time in a newspaper of general
2 circulation in the county in which the unit is or is proposed
3 to be located.
4 After January 1, 1994 and until July 1, 1998, operating
5 permits issued under this Section by the Agency for sources
6 of air pollution permitted to emit less than 25 tons per year
7 of any combination of regulated air pollutants, as defined in
8 Section 39.5 of this Act, shall be required to be renewed
9 only upon written request by the Agency consistent with
10 applicable provisions of this Act and regulations promulgated
11 hereunder. Such operating permits shall expire 180 days
12 after the date of such a request. The Board shall revise its
13 regulations for the existing State air pollution operating
14 permit program consistent with this provision by January 1,
15 1994.
16 After June 30, 1998, operating permits issued under this
17 Section by the Agency for sources of air pollution that are
18 not subject to Section 39.5 of this Act and are not required
19 to have a federally enforceable State operating permit shall
20 be required to be renewed only upon written request by the
21 Agency consistent with applicable provisions of this Act and
22 its rules. Such operating permits shall expire 180 days
23 after the date of such a request. Before July 1, 1998, the
24 Board shall revise its rules for the existing State air
25 pollution operating permit program consistent with this
26 paragraph and shall adopt rules that require a source to
27 demonstrate that it qualifies for a permit under this
28 paragraph.
29 (b) The Agency may issue NPDES permits exclusively under
30 this subsection for the discharge of contaminants from point
31 sources into navigable waters, all as defined in the Federal
32 Water Pollution Control Act, as now or hereafter amended,
33 within the jurisdiction of the State, or into any well.
34 All NPDES permits shall contain those terms and
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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.
4 The Agency may issue general NPDES permits for discharges
5 from categories of point sources which are subject to the
6 same permit limitations and conditions. Such general permits
7 may be issued without individual applications and shall
8 conform to regulations promulgated under Section 402 of the
9 Federal Water Pollution Control Act, as now or hereafter
10 amended.
11 The Agency may include, among such conditions, effluent
12 limitations and other requirements established under this
13 Act, Board regulations, the Federal Water Pollution Control
14 Act, as now or hereafter amended, and regulations pursuant
15 thereto, and schedules for achieving compliance therewith at
16 the earliest reasonable date.
17 The Agency shall adopt filing requirements and procedures
18 which are necessary and appropriate for the issuance of NPDES
19 permits, and which are consistent with the Act or regulations
20 adopted by the Board, and with the Federal Water Pollution
21 Control Act, as now or hereafter amended, and regulations
22 pursuant thereto.
23 The Agency, subject to any conditions which may be
24 prescribed by Board regulations, may issue NPDES permits to
25 allow discharges beyond deadlines established by this Act or
26 by regulations of the Board without the requirement of a
27 variance, subject to the Federal Water Pollution Control Act,
28 as now or hereafter amended, and regulations pursuant
29 thereto.
30 (c) Except for those facilities owned or operated by
31 sanitary districts organized under the Metropolitan Water
32 Reclamation District Act, no permit for the development or
33 construction of a new pollution control facility may be
34 granted by the Agency unless the applicant submits proof to
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1 the Agency that the location of the facility has been
2 approved by the County Board of the county if in an
3 unincorporated area, or the governing body of the
4 municipality when in an incorporated area, in which the
5 facility is to be located in accordance with Section 39.2 of
6 this Act.
7 In the event that siting approval granted pursuant to
8 Section 39.2 has been transferred to a subsequent owner or
9 operator, that subsequent owner or operator may apply to the
10 Agency for, and the Agency may grant, a development or
11 construction permit for the facility for which local siting
12 approval was granted. Upon application to the Agency for a
13 development or construction permit by that subsequent owner
14 or operator, the permit applicant shall cause written notice
15 of the permit application to be served upon the appropriate
16 county board or governing body of the municipality that
17 granted siting approval for that facility and upon any party
18 to the siting proceeding pursuant to which siting approval
19 was granted. In that event, the Agency shall conduct an
20 evaluation of the subsequent owner or operator's prior
21 experience in waste management operations in the manner
22 conducted under subsection (i) of Section 39 of this Act.
23 Beginning August 20, 1993, if the pollution control
24 facility consists of a hazardous or solid waste disposal
25 facility for which the proposed site is located in an
26 unincorporated area of a county with a population of less
27 than 100,000 and includes all or a portion of a parcel of
28 land that was, on April 1, 1993, adjacent to a municipality
29 having a population of less than 5,000, then the local siting
30 review required under this subsection (c) in conjunction with
31 any permit applied for after that date shall be performed by
32 the governing body of that adjacent municipality rather than
33 the county board of the county in which the proposed site is
34 located; and for the purposes of that local siting review,
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1 any references in this Act to the county board shall be
2 deemed to mean the governing body of that adjacent
3 municipality; provided, however, that the provisions of this
4 paragraph shall not apply to any proposed site which was, on
5 April 1, 1993, owned in whole or in part by another
6 municipality.
7 In the case of a pollution control facility for which a
8 development permit was issued before November 12, 1981, if an
9 operating permit has not been issued by the Agency prior to
10 August 31, 1989 for any portion of the facility, then the
11 Agency may not issue or renew any development permit nor
12 issue an original operating permit for any portion of such
13 facility unless the applicant has submitted proof to the
14 Agency that the location of the facility has been approved by
15 the appropriate county board or municipal governing body
16 pursuant to Section 39.2 of this Act.
17 After January 1, 1994, if a solid waste disposal
18 facility, any portion for which an operating permit has been
19 issued by the Agency, has not accepted waste disposal for 5
20 or more consecutive calendars years, before that facility may
21 accept any new or additional waste for disposal, the owner
22 and operator must obtain a new operating permit under this
23 Act for that facility unless the owner and operator have
24 applied to the Agency for a permit authorizing the temporary
25 suspension of waste acceptance. The Agency may not issue a
26 new operation permit under this Act for the facility unless
27 the applicant has submitted proof to the Agency that the
28 location of the facility has been approved or re-approved by
29 the appropriate county board or municipal governing body
30 under Section 39.2 of this Act after the facility ceased
31 accepting waste.
32 Except for those facilities owned or operated by sanitary
33 districts organized under the Metropolitan Water Reclamation
34 District Act, and except for new pollution control facilities
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1 governed by Section 39.2, and except for fossil fuel mining
2 facilities, the granting of a permit under this Act shall not
3 relieve the applicant from meeting and securing all necessary
4 zoning approvals from the unit of government having zoning
5 jurisdiction over the proposed facility.
6 Before beginning construction on any new sewage treatment
7 plant or sludge drying site to be owned or operated by a
8 sanitary district organized under the Metropolitan Water
9 Reclamation District Act for which a new permit (rather than
10 the renewal or amendment of an existing permit) is required,
11 such sanitary district shall hold a public hearing within the
12 municipality within which the proposed facility is to be
13 located, or within the nearest community if the proposed
14 facility is to be located within an unincorporated area, at
15 which information concerning the proposed facility shall be
16 made available to the public, and members of the public shall
17 be given the opportunity to express their views concerning
18 the proposed facility.
19 The Agency may issue a permit for a municipal waste
20 transfer station without requiring approval pursuant to
21 Section 39.2 provided that the following demonstration is
22 made:
23 (1) the municipal waste transfer station was in
24 existence on or before January 1, 1979 and was in
25 continuous operation from January 1, 1979 to January 1,
26 1993;
27 (2) the operator submitted a permit application to
28 the Agency to develop and operate the municipal waste
29 transfer station during April of 1994;
30 (3) the operator can demonstrate that the county
31 board of the county, if the municipal waste transfer
32 station is in an unincorporated area, or the governing
33 body of the municipality, if the station is in an
34 incorporated area, does not object to resumption of the
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1 operation of the station; and
2 (4) the site has local zoning approval.
3 (d) The Agency may issue RCRA permits exclusively under
4 this subsection to persons owning or operating a facility for
5 the treatment, storage, or disposal of hazardous waste as
6 defined under this Act.
7 All RCRA permits shall contain those terms and
8 conditions, including but not limited to schedules of
9 compliance, which may be required to accomplish the purposes
10 and provisions of this Act. The Agency may include among
11 such conditions standards and other requirements established
12 under this Act, Board regulations, the Resource Conservation
13 and Recovery Act of 1976 (P.L. 94-580), as amended, and
14 regulations pursuant thereto, and may include schedules for
15 achieving compliance therewith as soon as possible. The
16 Agency shall require that a performance bond or other
17 security be provided as a condition for the issuance of a
18 RCRA permit.
19 In the case of a permit to operate a hazardous waste or
20 PCB incinerator as defined in subsection (k) of Section 44,
21 the Agency shall require, as a condition of the permit, that
22 the operator of the facility perform such analyses of the
23 waste to be incinerated as may be necessary and appropriate
24 to ensure the safe operation of the incinerator.
25 The Agency shall adopt filing requirements and procedures
26 which are necessary and appropriate for the issuance of RCRA
27 permits, and which are consistent with the Act or regulations
28 adopted by the Board, and with the Resource Conservation and
29 Recovery Act of 1976 (P.L. 94-580), as amended, and
30 regulations pursuant thereto.
31 The applicant shall make available to the public for
32 inspection all documents submitted by the applicant to the
33 Agency in furtherance of an application, with the exception
34 of trade secrets, at the office of the county board or
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1 governing body of the municipality. Such documents may be
2 copied upon payment of the actual cost of reproduction during
3 regular business hours of the local office. The Agency shall
4 issue a written statement concurrent with its grant or denial
5 of the permit explaining the basis for its decision.
6 (e) The Agency may issue UIC permits exclusively under
7 this subsection to persons owning or operating a facility for
8 the underground injection of contaminants as defined under
9 this Act.
10 All UIC permits shall contain those terms and conditions,
11 including but not limited to schedules of compliance, which
12 may be required to accomplish the purposes and provisions of
13 this Act. The Agency may include among such conditions
14 standards and other requirements established under this Act,
15 Board regulations, the Safe Drinking Water Act (P.L. 93-523),
16 as amended, and regulations pursuant thereto, and may include
17 schedules for achieving compliance therewith. The Agency
18 shall require that a performance bond or other security be
19 provided as a condition for the issuance of a UIC permit.
20 The Agency shall adopt filing requirements and procedures
21 which are necessary and appropriate for the issuance of UIC
22 permits, and which are consistent with the Act or regulations
23 adopted by the Board, and with the Safe Drinking Water Act
24 (P.L. 93-523), as amended, and regulations pursuant thereto.
25 The applicant shall make available to the public for
26 inspection, all documents submitted by the applicant to the
27 Agency in furtherance of an application, with the exception
28 of trade secrets, at the office of the county board or
29 governing body of the municipality. Such documents may be
30 copied upon payment of the actual cost of reproduction during
31 regular business hours of the local office. The Agency shall
32 issue a written statement concurrent with its grant or denial
33 of the permit explaining the basis for its decision.
34 (f) In making any determination pursuant to Section 9.1
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1 of this Act:
2 (1) The Agency shall have authority to make the
3 determination of any question required to be determined
4 by the Clean Air Act, as now or hereafter amended, this
5 Act, or the regulations of the Board, including the
6 determination of the Lowest Achievable Emission Rate,
7 Maximum Achievable Control Technology, or Best Available
8 Control Technology, consistent with the Board's
9 regulations, if any.
10 (2) The Agency shall, after conferring with the
11 applicant, give written notice to the applicant of its
12 proposed decision on the application including the terms
13 and conditions of the permit to be issued and the facts,
14 conduct or other basis upon which the Agency will rely to
15 support its proposed action.
16 (3) Following such notice, the Agency shall give
17 the applicant an opportunity for a hearing in accordance
18 with the provisions of Sections 10-25 through 10-60 of
19 the Illinois Administrative Procedure Act.
20 (g) The Agency shall include as conditions upon all
21 permits issued for hazardous waste disposal sites such
22 restrictions upon the future use of such sites as are
23 reasonably necessary to protect public health and the
24 environment, including permanent prohibition of the use of
25 such sites for purposes which may create an unreasonable risk
26 of injury to human health or to the environment. After
27 administrative and judicial challenges to such restrictions
28 have been exhausted, the Agency shall file such restrictions
29 of record in the Office of the Recorder of the county in
30 which the hazardous waste disposal site is located.
31 (h) A hazardous waste stream may not be deposited in a
32 permitted hazardous waste site unless specific authorization
33 is obtained from the Agency by the generator and disposal
34 site owner and operator for the deposit of that specific
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1 hazardous waste stream. The Agency may grant specific
2 authorization for disposal of hazardous waste streams only
3 after the generator has reasonably demonstrated that,
4 considering technological feasibility and economic
5 reasonableness, the hazardous waste cannot be reasonably
6 recycled for reuse, nor incinerated or chemically, physically
7 or biologically treated so as to neutralize the hazardous
8 waste and render it nonhazardous. In granting authorization
9 under this Section, the Agency may impose such conditions as
10 may be necessary to accomplish the purposes of the Act and
11 are consistent with this Act and regulations promulgated by
12 the Board hereunder. If the Agency refuses to grant
13 authorization under this Section, the applicant may appeal as
14 if the Agency refused to grant a permit, pursuant to the
15 provisions of subsection (a) of Section 40 of this Act. For
16 purposes of this subsection (h), the term "generator" has the
17 meaning given in Section 3.205 of this Act, unless: (1) the
18 hazardous waste is treated, incinerated, or partially
19 recycled for reuse prior to disposal, in which case the last
20 person who treats, incinerates, or partially recycles the
21 hazardous waste prior to disposal is the generator; or (2)
22 the hazardous waste is from a response action, in which case
23 the person performing the response action is the generator.
24 This subsection (h) does not apply to any hazardous waste
25 that is restricted from land disposal under 35 Ill. Adm. Code
26 728.
27 (i) Before issuing any RCRA permit or any permit for a
28 waste storage site, sanitary landfill, waste disposal site,
29 waste transfer station, waste treatment facility, waste
30 incinerator, or any waste-transportation operation, the
31 Agency shall conduct an evaluation of the prospective owner's
32 or operator's prior experience in waste management
33 operations. The Agency may deny such a permit if the
34 prospective owner or operator or any employee or officer of
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1 the prospective owner or operator has a history of:
2 (1) repeated violations of federal, State, or local
3 laws, regulations, standards, or ordinances in the
4 operation of waste management facilities or sites; or
5 (2) conviction in this or another State of any
6 crime which is a felony under the laws of this State, or
7 conviction of a felony in a federal court; or
8 (3) proof of gross carelessness or incompetence in
9 handling, storing, processing, transporting or disposing
10 of waste.
11 (j) The issuance under this Act of a permit to engage in
12 the surface mining of any resources other than fossil fuels
13 shall not relieve the permittee from its duty to comply with
14 any applicable local law regulating the commencement,
15 location or operation of surface mining facilities.
16 (k) A development permit issued under subsection (a) of
17 Section 39 for any facility or site which is required to have
18 a permit under subsection (d) of Section 21 shall expire at
19 the end of 2 calendar years from the date upon which it was
20 issued, unless within that period the applicant has taken
21 action to develop the facility or the site. In the event that
22 review of the conditions of the development permit is sought
23 pursuant to Section 40 or 41, or permittee is prevented from
24 commencing development of the facility or site by any other
25 litigation beyond the permittee's control, such two-year
26 period shall be deemed to begin on the date upon which such
27 review process or litigation is concluded.
28 (l) No permit shall be issued by the Agency under this
29 Act for construction or operation of any facility or site
30 located within the boundaries of any setback zone established
31 pursuant to this Act, where such construction or operation is
32 prohibited.
33 (m) The Agency may issue permits to persons owning or
34 operating a facility for composting landscape waste. In
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1 granting such permits, the Agency may impose such conditions
2 as may be necessary to accomplish the purposes of this Act,
3 and as are not inconsistent with applicable regulations
4 promulgated by the Board. Except as otherwise provided in
5 this Act, a bond or other security shall not be required as a
6 condition for the issuance of a permit. If the Agency denies
7 any permit pursuant to this subsection, the Agency shall
8 transmit to the applicant within the time limitations of this
9 subsection specific, detailed statements as to the reasons
10 the permit application was denied. Such statements shall
11 include but not be limited to the following:
12 (1) the Sections of this Act that may be violated
13 if the permit were granted;
14 (2) the specific regulations promulgated pursuant
15 to this Act that may be violated if the permit were
16 granted;
17 (3) the specific information, if any, the Agency
18 deems the applicant did not provide in its application to
19 the Agency; and
20 (4) a statement of specific reasons why the Act and
21 the regulations might be violated if the permit were
22 granted.
23 If no final action is taken by the Agency within 90 days
24 after the filing of the application for permit, the applicant
25 may deem the permit issued. Any applicant for a permit may
26 waive the 90 day limitation by filing a written statement
27 with the Agency.
28 The Agency shall issue permits for such facilities upon
29 receipt of an application that includes a legal description
30 of the site, a topographic map of the site drawn to the scale
31 of 200 feet to the inch or larger, a description of the
32 operation, including the area served, an estimate of the
33 volume of materials to be processed, and documentation that:
34 (1) the facility includes a setback of at least 200
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1 feet from the nearest potable water supply well;
2 (2) the facility is located outside the boundary of
3 the 10-year floodplain or the site will be floodproofed;
4 (3) the facility is located so as to minimize
5 incompatibility with the character of the surrounding
6 area, including at least a 200 foot setback from any
7 residence, and in the case of a facility that is
8 developed or the permitted composting area of which is
9 expanded after November 17, 1991, the composting area is
10 located at least 1/8 mile from the nearest residence
11 (other than a residence located on the same property as
12 the facility);
13 (4) the design of the facility will prevent any
14 compost material from being placed within 5 feet of the
15 water table, will adequately control runoff from the
16 site, and will collect and manage any leachate that is
17 generated on the site;
18 (5) the operation of the facility will include
19 appropriate dust and odor control measures, limitations
20 on operating hours, appropriate noise control measures
21 for shredding, chipping and similar equipment, management
22 procedures for composting, containment and disposal of
23 non-compostable wastes, procedures to be used for
24 terminating operations at the site, and recordkeeping
25 sufficient to document the amount of materials received,
26 composted and otherwise disposed of; and
27 (6) the operation will be conducted in accordance
28 with any applicable rules adopted by the Board.
29 The Agency shall issue renewable permits of not longer
30 than 10 years in duration for the composting of landscape
31 wastes, as defined in Section 3.155 of this Act, based on the
32 above requirements.
33 The operator of any facility permitted under this
34 subsection (m) must submit a written annual statement to the
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1 Agency on or before April 1 of each year that includes an
2 estimate of the amount of material, in tons, received for
3 composting.
4 (n) The Agency shall issue permits jointly with the
5 Department of Transportation for the dredging or deposit of
6 material in Lake Michigan in accordance with Section 18 of
7 the Rivers, Lakes, and Streams Act.
8 (o) (Blank.)
9 (p) (1) Any person submitting an application for a
10 permit for a new MSWLF unit or for a lateral expansion under
11 subsection (t) of Section 21 of this Act for an existing
12 MSWLF unit that has not received and is not subject to local
13 siting approval under Section 39.2 of this Act shall publish
14 notice of the application in a newspaper of general
15 circulation in the county in which the MSWLF unit is or is
16 proposed to be located. The notice must be published at
17 least 15 days before submission of the permit application to
18 the Agency. The notice shall state the name and address of
19 the applicant, the location of the MSWLF unit or proposed
20 MSWLF unit, the nature and size of the MSWLF unit or proposed
21 MSWLF unit, the nature of the activity proposed, the probable
22 life of the proposed activity, the date the permit
23 application will be submitted, and a statement that persons
24 may file written comments with the Agency concerning the
25 permit application within 30 days after the filing of the
26 permit application unless the time period to submit comments
27 is extended by the Agency.
28 When a permit applicant submits information to the Agency
29 to supplement a permit application being reviewed by the
30 Agency, the applicant shall not be required to reissue the
31 notice under this subsection.
32 (2) The Agency shall accept written comments concerning
33 the permit application that are postmarked no later than 30
34 days after the filing of the permit application, unless the
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1 time period to accept comments is extended by the Agency.
2 (3) Each applicant for a permit described in part (1) of
3 this subsection shall file a copy of the permit application
4 with the county board or governing body of the municipality
5 in which the MSWLF unit is or is proposed to be located at
6 the same time the application is submitted to the Agency.
7 The permit application filed with the county board or
8 governing body of the municipality shall include all
9 documents submitted to or to be submitted to the Agency,
10 except trade secrets as determined under Section 7.1 of this
11 Act. The permit application and other documents on file with
12 the county board or governing body of the municipality shall
13 be made available for public inspection during regular
14 business hours at the office of the county board or the
15 governing body of the municipality and may be copied upon
16 payment of the actual cost of reproduction.
17 (Source: P.A. 92-574, eff. 6-26-02.)
18 (415 ILCS 5/42) (from Ch. 111 1/2, par. 1042)
19 Sec. 42. Civil penalties.
20 (a) Except as provided in this Section, any person that
21 violates any provision of this Act or any regulation adopted
22 by the Board, or any permit or term or condition thereof, or
23 that violates any determination or order of the Board
24 pursuant to this Act, shall be liable to a civil penalty of
25 not to exceed $50,000 for the violation and an additional
26 civil penalty of not to exceed $10,000 for each day during
27 which the violation continues; such penalties may, upon order
28 of the Board or a court of competent jurisdiction, be made
29 payable to the Environmental Protection Trust Fund, to be
30 used in accordance with the provisions of the Environmental
31 Protection Trust Fund Act.
32 (b) Notwithstanding the provisions of subsection (a) of
33 this Section:
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1 (1) Any person that violates Section 12(f) of this
2 Act or any NPDES permit or term or condition thereof, or
3 any filing requirement, regulation or order relating to
4 the NPDES permit program, shall be liable to a civil
5 penalty of not to exceed $10,000 per day of violation.
6 (2) Any person that violates Section 12(g) of this
7 Act or any UIC permit or term or condition thereof, or
8 any filing requirement, regulation or order relating to
9 the State UIC program for all wells, except Class II
10 wells as defined by the Board under this Act, shall be
11 liable to a civil penalty not to exceed $2,500 per day of
12 violation; provided, however, that any person who commits
13 such violations relating to the State UIC program for
14 Class II wells, as defined by the Board under this Act,
15 shall be liable to a civil penalty of not to exceed
16 $10,000 for the violation and an additional civil penalty
17 of not to exceed $1,000 for each day during which the
18 violation continues.
19 (3) Any person that violates Sections 21(f), 21(g),
20 21(h) or 21(i) of this Act, or any RCRA permit or term or
21 condition thereof, or any filing requirement, regulation
22 or order relating to the State RCRA program, shall be
23 liable to a civil penalty of not to exceed $25,000 per
24 day of violation.
25 (4) In an administrative citation action under
26 Section 31.1 of this Act, any person found to have
27 violated any provision of subsection (o) of Section 21 of
28 this Act shall pay a civil penalty of $500 for each
29 violation of each such provision, plus any hearing costs
30 incurred by the Board and the Agency. Such penalties
31 shall be made payable to the Environmental Protection
32 Trust Fund, to be used in accordance with the provisions
33 of the Environmental Protection Trust Fund Act; except
34 that if a unit of local government issued the
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1 administrative citation, 50% of the civil penalty shall
2 be payable to the unit of local government.
3 (4-5) In an administrative citation action under
4 Section 31.1 of this Act, any person found to have
5 violated any provision of subsection (p) of Section 21 of
6 this Act shall pay a civil penalty of $1,500 for a first
7 offense and $3,000 for a second or subsequent offense,
8 plus any hearing costs incurred by the Board and the
9 Agency. The penalties shall be deposited into the
10 Environmental Protection Trust Fund, to be used in
11 accordance with the provisions of the Environmental
12 Protection Trust Fund Act; except that if a unit of local
13 government issued the administrative citation, 50% of the
14 civil penalty shall be payable to the unit of local
15 government.
16 (5) Any person who violates subsection 6 of Section
17 39.5 of this Act or any CAAPP permit, or term or
18 condition thereof, or any fee or filing requirement, or
19 any duty to allow or carry out inspection, entry or
20 monitoring activities, or any regulation or order
21 relating to the CAAPP shall be liable for a civil penalty
22 not to exceed $10,000 per day of violation.
23 (b.5) In lieu of the penalties set forth in subsections
24 (a) and (b) of this Section, any person who fails to file, in
25 a timely manner, toxic chemical release forms with the Agency
26 pursuant to Section 25b-2 of this Act shall be liable for a
27 civil penalty of $100 per day for each day the forms are
28 late, not to exceed a maximum total penalty of $6,000. This
29 daily penalty shall begin accruing on the thirty-first day
30 after the date that the person receives the warning notice
31 issued by the Agency pursuant to Section 25b-6 of this Act;
32 and the penalty shall be paid to the Agency. The daily
33 accrual of penalties shall cease as of January 1 of the
34 following year. All penalties collected by the Agency
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1 pursuant to this subsection shall be deposited into the
2 Environmental Protection Permit and Inspection Fund.
3 (c) Any person that violates this Act, or an order or
4 other determination of the Board under this Act and causes
5 the death of fish or aquatic life shall, in addition to the
6 other penalties provided by this Act, be liable to pay to the
7 State an additional sum for the reasonable value of the fish
8 or aquatic life destroyed. Any money so recovered shall be
9 placed in the Wildlife and Fish Fund in the State Treasury.
10 (d) The penalties provided for in this Section may be
11 recovered in a civil action.
12 (e) The State's Attorney of the county in which the
13 violation occurred, or the Attorney General, may, at the
14 request of the Agency or on his own motion, institute a civil
15 action for an injunction to restrain violations of this Act.
16 (f) The State's Attorney of the county in which the
17 violation occurred, or the Attorney General, shall bring such
18 actions in the name of the people of the State of Illinois.
19 Without limiting any other authority which may exist for the
20 awarding of attorney's fees and costs, the Board or a court
21 of competent jurisdiction may award costs and reasonable
22 attorney's fees, including the reasonable costs of expert
23 witnesses and consultants, to the State's Attorney or the
24 Attorney General in a case where he has prevailed against a
25 person who has committed a wilful, knowing or repeated
26 violation of the Act.
27 Any funds collected under this subsection (f) in which
28 the Attorney General has prevailed shall be deposited in the
29 Hazardous Waste Fund created in Section 22.2 of this Act. Any
30 funds collected under this subsection (f) in which a State's
31 Attorney has prevailed shall be retained by the county in
32 which he serves.
33 (g) All final orders imposing civil penalties pursuant
34 to this Section shall prescribe the time for payment of such
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1 penalties. If any such penalty is not paid within the time
2 prescribed, interest on such penalty at the rate set forth in
3 subsection (a) of Section 1003 of the Illinois Income Tax
4 Act, shall be paid for the period from the date payment is
5 due until the date payment is received. However, if the time
6 for payment is stayed during the pendency of an appeal,
7 interest shall not accrue during such stay.
8 (h) In determining the appropriate civil penalty to be
9 imposed under subdivisions (a), (b)(1), (b)(2), (b)(3), or
10 (b)(5) of this Section, the Board is authorized to consider
11 any matters of record in mitigation or aggravation of
12 penalty, including but not limited to the following factors:
13 (1) the duration and gravity of the violation;
14 (2) the presence or absence of due diligence on the
15 part of the respondent violator in attempting to comply
16 with requirements of this Act and regulations thereunder
17 or to secure relief therefrom as provided by this Act;
18 (3) any economic benefits accrued by the respondent
19 violator because of delay in compliance with
20 requirements, in which case the economic benefits shall
21 be determined by the lowest cost alternative for
22 achieving compliance;
23 (4) the amount of monetary penalty which will serve
24 to deter further violations by the respondent violator
25 and to otherwise aid in enhancing voluntary compliance
26 with this Act by the respondent violator and other
27 persons similarly subject to the Act; and
28 (5) the number, proximity in time, and gravity of
29 previously adjudicated violations of this Act by the
30 respondent; violator.
31 (6) whether the respondent voluntarily
32 self-disclosed, in accordance with subsection (i) of this
33 Section, the non-compliance to the Agency; and
34 (7) whether the respondent has agreed to undertake
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1 a "supplemental environmental project," which means an
2 environmentally beneficial project that a respondent
3 agrees to undertake in settlement of an enforcement
4 action brought under this Act, but which the respondent
5 is not otherwise legally required to perform.
6 In determining the appropriate civil penalty to be
7 imposed under subsection (a) or paragraph (1), (2), (3), or
8 (5) of subsection (b) of this Section, the Board shall
9 ensure, in all cases, that the penalty is at least as great
10 as the economic benefits, if any, accrued by the respondent
11 as a result of the violation, unless the Board finds that
12 imposition of such penalty would result in an arbitrary or
13 unreasonable financial hardship. However, such civil penalty
14 may be off-set in whole or in part pursuant to a supplemental
15 environmental project agreed to by the complainant and the
16 respondent.
17 (i) A person who voluntarily self-discloses
18 non-compliance to the Agency, of which the Agency had been
19 unaware, is entitled to a 100% reduction in the portion of
20 the penalty that is not based on the economic benefit of
21 non-compliance if the person can establish the following:
22 (1) that the non-compliance was discovered through
23 an environmental audit, as defined in Section 52.2 of
24 this Act, and the person waives the environmental audit
25 privileges as provided in that Section with respect to
26 that non-compliance;
27 (2) that the non-compliance was disclosed in
28 writing within 30 days of the date on which the person
29 discovered it;
30 (3) that the non-compliance was discovered and
31 disclosed prior to:
32 (i) the commencement of an Agency inspection,
33 investigation, or request for information;
34 (ii) notice of a citizen suit;
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1 (iii) the filing of a complaint by a citizen,
2 the Illinois Attorney General, or the State's
3 Attorney of the county in which the violation
4 occurred;
5 (iv) the reporting of the non-compliance by an
6 employee of the person without that person's
7 knowledge; or
8 (v) imminent discovery of the non-compliance
9 by the Agency;
10 (4) that the non-compliance is being corrected and
11 any environmental harm is being remediated in a timely
12 fashion;
13 (5) that the person agrees to prevent a recurrence
14 of the non-compliance;
15 (6) that no related non-compliance events have
16 occurred in the past 3 years at the same facility or in
17 the past 5 years as part of a pattern at multiple
18 facilities owned or operated by the person;
19 (7) that the non-compliance did not result in
20 serious actual harm or present an imminent and
21 substantial endangerment to human health or the
22 environment or violate the specific terms of any judicial
23 or administrative order or consent agreement;
24 (8) that the person cooperates as reasonably
25 requested by the Agency after the disclosure; and
26 (9) that the non-compliance was identified
27 voluntarily and not through a monitoring, sampling, or
28 auditing procedure that is required by statute, rule,
29 permit, judicial or administrative order, or consent
30 agreement.
31 If a person can establish all of the elements under this
32 subsection except the element set forth in paragraph (1) of
33 this subsection, the person is entitled to a 75% reduction in
34 the portion of the penalty that is not based upon the
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1 economic benefit of non-compliance.
2 (Source: P.A. 90-773, eff. 8-14-98; 91-82, eff. 1-1-00.)".