SB2950 EnrolledLRB099 18493 MGM 42872 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Environmental Protection Act is amended by
5changing Sections 5, 29, 41, and 42 as follows:
 
6    (415 ILCS 5/5)  (from Ch. 111 1/2, par. 1005)
7    Sec. 5. Pollution Control Board.
8    (a) There is hereby created an independent board to be
9known as the Pollution Control Board.
10    Until July 1, 2003 or when all of the new members to be
11initially appointed under this amendatory Act of the 93rd
12General Assembly have been appointed by the Governor, whichever
13occurs later, the Board shall consist of 7 technically
14qualified members, no more than 4 of whom may be of the same
15political party, to be appointed by the Governor with the
16advice and consent of the Senate.
17    The term of each appointed member of the Board who is in
18office on June 30, 2003 shall terminate at the close of
19business on that date or when all of the new members to be
20initially appointed under this amendatory Act of the 93rd
21General Assembly have been appointed by the Governor, whichever
22occurs later.
23    On and after August 11, 2003 (the effective date of Public

 

 

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1Act 93-509), the Beginning on July 1, 2003 or when all of the
2new members to be initially appointed under this amendatory Act
3of the 93rd General Assembly have been appointed by the
4Governor, whichever occurs later, the Board shall consist of 5
5technically qualified members, no more than 3 of whom may be of
6the same political party, to be appointed by the Governor with
7the advice and consent of the Senate. Members shall have
8verifiable technical, academic, or actual experience in the
9field of pollution control or environmental law and regulation.
10    One member Of the members initially appointed pursuant to
11this amendatory Act of the 93rd General Assembly, one shall be
12appointed for a term ending July 1, 2004, 2 shall be appointed
13for terms ending July 1, 2005, and 2 shall be appointed for
14terms ending July 1, 2006. Thereafter, all members shall hold
15office for 3 years from the first day of July in the year in
16which they were appointed, except in case of an appointment to
17fill a vacancy. In case of a vacancy in the office when the
18Senate is not in session, the Governor may make a temporary
19appointment until the next meeting of the Senate, when he or
20she shall nominate some person to fill such office; and any
21person so nominated, who is confirmed by the Senate, shall hold
22the office during the remainder of the term.
23    Members of the Board shall hold office until their
24respective successors have been appointed and qualified. Any
25member may resign from office, such resignation to take effect
26when a successor has been appointed and has qualified.

 

 

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1    Board members shall be paid $37,000 per year or an amount
2set by the Compensation Review Board, whichever is greater, and
3the Chairman shall be paid $43,000 per year or an amount set by
4the Compensation Review Board, whichever is greater. Each
5member shall devote his or her entire time to the duties of the
6office, and shall hold no other office or position of profit,
7nor engage in any other business, employment, or vocation. Each
8member shall be reimbursed for expenses necessarily incurred
9and shall make a financial disclosure upon appointment.
10    The Each Board member may employ one secretary and one
11assistant for each member , and 2 assistants for the Chairman
12one secretary and 2 assistants. The Board also may employ and
13compensate hearing officers to preside at hearings under this
14Act, and such other personnel as may be necessary. Hearing
15officers shall be attorneys licensed to practice law in
16Illinois.
17    The Board may have an Executive Director; if so, the
18Executive Director shall be appointed by the Governor with the
19advice and consent of the Senate. The salary and duties of the
20Executive Director shall be fixed by the Board.
21    The Governor shall designate one Board member to be
22Chairman, who shall serve at the pleasure of the Governor.
23    The Board shall hold at least one meeting each month and
24such additional meetings as may be prescribed by Board rules.
25In addition, special meetings may be called by the Chairman or
26by any 2 Board members, upon delivery of 48 24 hours written

 

 

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1notice to the office of each member. All Board meetings shall
2be open to the public, and public notice of all meetings shall
3be given at least 48 24 hours in advance of each meeting. In
4emergency situations in which a majority of the Board certifies
5that exigencies of time require the requirements of public
6notice and of 24 hour written notice to members may be
7dispensed with, and Board members shall receive such notice as
8is reasonable under the circumstances.
9    Three If there is no vacancy on the Board, 4 members of the
10Board shall constitute a quorum to transact business; and the
11affirmative vote of 3 members is necessary to adopt any order
12otherwise, a majority of the Board shall constitute a quorum to
13transact business, and no vacancy shall impair the right of the
14remaining members to exercise all of the powers of the Board.
15Every action approved by a majority of the members of the Board
16shall be deemed to be the action of the Board. The Board shall
17keep a complete and accurate record of all its meetings.
18    (b) The Board shall determine, define and implement the
19environmental control standards applicable in the State of
20Illinois and may adopt rules and regulations in accordance with
21Title VII of this Act.
22    (c) The Board shall have authority to act for the State in
23regard to the adoption of standards for submission to the
24United States under any federal law respecting environmental
25protection. Such standards shall be adopted in accordance with
26Title VII of the Act and upon adoption shall be forwarded to

 

 

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1the Environmental Protection Agency for submission to the
2United States pursuant to subsections (l) and (m) of Section 4
3of this Act. Nothing in this paragraph shall limit the
4discretion of the Governor to delegate authority granted to the
5Governor under any federal law.
6    (d) The Board shall have authority to conduct proceedings
7upon complaints charging violations of this Act, any rule or
8regulation adopted under this Act, any permit or term or
9condition of a permit, or any Board order; upon administrative
10citations; upon petitions for variances or adjusted standards;
11upon petitions for review of the Agency's final determinations
12on permit applications in accordance with Title X of this Act;
13upon petitions to remove seals under Section 34 of this Act;
14and upon other petitions for review of final determinations
15which are made pursuant to this Act or Board rule and which
16involve a subject which the Board is authorized to regulate.
17The Board may also conduct other proceedings as may be provided
18by this Act or any other statute or rule.
19    (e) In connection with any proceeding pursuant to
20subsection (b) or (d) of this Section, the Board may subpoena
21and compel the attendance of witnesses and the production of
22evidence reasonably necessary to resolution of the matter under
23consideration. The Board shall issue such subpoenas upon the
24request of any party to a proceeding under subsection (d) of
25this Section or upon its own motion.
26    (f) The Board may prescribe reasonable fees for permits

 

 

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1required pursuant to this Act. Such fees in the aggregate may
2not exceed the total cost to the Agency for its inspection and
3permit systems. The Board may not prescribe any permit fees
4which are different in amount from those established by this
5Act.
6(Source: P.A. 95-331, eff. 8-21-07.)
 
7    (415 ILCS 5/29)  (from Ch. 111 1/2, par. 1029)
8    Sec. 29. (a) Any person adversely affected or threatened by
9any rule or regulation of the Board may obtain a determination
10of the validity or application of such rule or regulation by
11petition for review under subsection (a) of Section 41 of this
12Act for judicial review of the Board's final order adopting the
13rule or regulation. For purposes of the 35-day appeal period of
14subsection (a) of Section 41, a person is deemed to have been
15served with the Board's final order on the date on which the
16rule or regulation becomes effective pursuant to the Illinois
17Administrative Procedure Act.
18    (b) Action by the Board in adopting any regulation for
19which judicial review could have been obtained under Section 41
20of this Act shall not be subject to review regarding the
21regulation's validity or application in any subsequent
22proceeding under Title VIII, Title IX or Section 40 of this
23Act.
24(Source: P.A. 85-1048.)
 

 

 

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1    (415 ILCS 5/41)  (from Ch. 111 1/2, par. 1041)
2    Sec. 41. Judicial review.
3    (a) Any party to a Board hearing, any person who filed a
4complaint on which a hearing was denied, any person who has
5been denied a variance or permit under this Act, any party
6adversely affected by a final order or determination of the
7Board, and any person who participated in the public comment
8process under subsection (8) of Section 39.5 of this Act may
9obtain judicial review, by filing a petition for review within
1035 days from the date that a copy of the order or other final
11action sought to be reviewed was served upon the party affected
12by the order or other final Board action complained of, under
13the provisions of the Administrative Review Law, as amended and
14the rules adopted pursuant thereto, except that review shall be
15afforded directly in the Appellate Court for the District in
16which the cause of action arose and not in the Circuit Court.
17For purposes of this subsection (a), the date of service of the
18Board's final order is the date on which the party received a
19copy of the order from the Board. Review of any rule or
20regulation promulgated by the Board shall not be limited by
21this section but may also be had as provided in Section 29 of
22this Act.
23    (b) Any final order of the Board under this Act shall be
24based solely on the evidence in the record of the particular
25proceeding involved, and any such final order for permit
26appeals, enforcement actions and variance proceedings, shall

 

 

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1be invalid if it is against the manifest weight of the
2evidence. Notwithstanding this subsection, the Board may
3include such conditions in granting a variance and may adopt
4such rules and regulations as the policies of this Act may
5require. If an objection is made to a variance condition, the
6board shall reconsider the condition within not more than 75
7days from the date of the objection.
8    (c) No challenge to the validity of a Board order shall be
9made in any enforcement proceeding under Title XII of this Act
10as to any issue that could have been raised in a timely
11petition for review under this Section.
12    (d) If there is no final action by the Board within 120
13days on a request for a variance which is subject to subsection
14(c) of Section 38 or a permit appeal which is subject to
15paragraph (a) (3) of Section 40 or paragraph (d) of Section
1640.2 or Section 40.3, the petitioner shall be entitled to an
17Appellate Court order under this subsection. If a hearing is
18required under this Act and was not held by the Board, the
19Appellate Court shall order the Board to conduct such a
20hearing, and to make a decision within 90 days from the date of
21the order. If a hearing was held by the Board, or if a hearing
22is not required under this Act and was not held by the Board,
23the Appellate Court shall order the Board to make a decision
24within 90 days from the date of the order.
25    The Appellate Court shall retain jurisdiction during the
26pendency of any further action conducted by the Board under an

 

 

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1order by the Appellate Court. The Appellate Court shall have
2jurisdiction to review all issues of law and fact presented
3upon appeal.
4(Source: P.A. 99-463, eff. 1-1-16.)
 
5    (415 ILCS 5/42)  (from Ch. 111 1/2, par. 1042)
6    Sec. 42. Civil penalties.
7    (a) Except as provided in this Section, any person that
8violates any provision of this Act or any regulation adopted by
9the Board, or any permit or term or condition thereof, or that
10violates any order of the Board pursuant to this Act, shall be
11liable for a civil penalty of not to exceed $50,000 for the
12violation and an additional civil penalty of not to exceed
13$10,000 for each day during which the violation continues; such
14penalties may, upon order of the Board or a court of competent
15jurisdiction, be made payable to the Environmental Protection
16Trust Fund, to be used in accordance with the provisions of the
17Environmental Protection Trust Fund Act.
18    (b) Notwithstanding the provisions of subsection (a) of
19this Section:
20        (1) Any person that violates Section 12(f) of this Act
21    or any NPDES permit or term or condition thereof, or any
22    filing requirement, regulation or order relating to the
23    NPDES permit program, shall be liable to a civil penalty of
24    not to exceed $10,000 per day of violation.
25        (2) Any person that violates Section 12(g) of this Act

 

 

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1    or any UIC permit or term or condition thereof, or any
2    filing requirement, regulation or order relating to the
3    State UIC program for all wells, except Class II wells as
4    defined by the Board under this Act, shall be liable to a
5    civil penalty not to exceed $2,500 per day of violation;
6    provided, however, that any person who commits such
7    violations relating to the State UIC program for Class II
8    wells, as defined by the Board under this Act, shall be
9    liable to a civil penalty of not to exceed $10,000 for the
10    violation and an additional civil penalty of not to exceed
11    $1,000 for each day during which the 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 day
17    of violation.
18        (4) In an administrative citation action under Section
19    31.1 of this Act, any person found to have violated any
20    provision of subsection (o) of Section 21 of this Act shall
21    pay a civil penalty of $500 for each violation of each such
22    provision, plus any hearing costs incurred by the Board and
23    the Agency. Such penalties shall be made payable to the
24    Environmental Protection Trust Fund, to be used in
25    accordance with the provisions of the Environmental
26    Protection Trust Fund Act; except that if a unit of local

 

 

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1    government issued the administrative citation, 50% of the
2    civil penalty shall be payable to the unit of local
3    government.
4        (4-5) In an administrative citation action under
5    Section 31.1 of this Act, any person found to have violated
6    any provision of subsection (p) of Section 21, Section
7    22.51, Section 22.51a, or subsection (k) of Section 55 of
8    this Act shall pay a civil penalty of $1,500 for each
9    violation of each such provision, plus any hearing costs
10    incurred by the Board and the Agency, except that the civil
11    penalty amount shall be $3,000 for each violation of any
12    provision of subsection (p) of Section 21, Section 22.51,
13    Section 22.51a, or subsection (k) of Section 55 that is the
14    person's second or subsequent adjudication violation of
15    that provision. The penalties shall be deposited into the
16    Environmental Protection Trust Fund, to be used in
17    accordance with the provisions of the Environmental
18    Protection Trust Fund Act; except that if a unit of local
19    government issued the administrative citation, 50% of the
20    civil penalty shall be payable to the unit of local
21    government.
22        (5) Any person who violates subsection 6 of Section
23    39.5 of this Act or any CAAPP permit, or term or condition
24    thereof, or any fee or filing requirement, or any duty to
25    allow or carry out inspection, entry or monitoring
26    activities, or any regulation or order relating to the

 

 

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1    CAAPP shall be liable for a civil penalty not to exceed
2    $10,000 per day of violation.
3        (6) Any owner or operator of a community water system
4    that violates subsection (b) of Section 18.1 or subsection
5    (a) of Section 25d-3 of this Act shall, for each day of
6    violation, be liable for a civil penalty not to exceed $5
7    for each of the premises connected to the affected
8    community water system.
9        (7) Any person who violates Section 52.5 of this Act
10    shall be liable for a civil penalty of up to $1,000 for the
11    first violation of that Section and a civil penalty of up
12    to $2,500 for a second or subsequent violation of that
13    Section.
14    (b.5) In lieu of the penalties set forth in subsections (a)
15and (b) of this Section, any person who fails to file, in a
16timely manner, toxic chemical release forms with the Agency
17pursuant to Section 25b-2 of this Act shall be liable for a
18civil penalty of $100 per day for each day the forms are late,
19not to exceed a maximum total penalty of $6,000. This daily
20penalty shall begin accruing on the thirty-first day after the
21date that the person receives the warning notice issued by the
22Agency pursuant to Section 25b-6 of this Act; and the penalty
23shall be paid to the Agency. The daily accrual of penalties
24shall cease as of January 1 of the following year. All
25penalties collected by the Agency pursuant to this subsection
26shall be deposited into the Environmental Protection Permit and

 

 

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1Inspection Fund.
2    (c) Any person that violates this Act, any rule or
3regulation adopted under this Act, any permit or term or
4condition of a permit, or any Board order and causes the death
5of fish or aquatic life shall, in addition to the other
6penalties provided by this Act, be liable to pay to the State
7an additional sum for the reasonable value of the fish or
8aquatic life destroyed. Any money so recovered shall be placed
9in the Wildlife and Fish Fund in the State Treasury.
10    (d) The penalties provided for in this Section may be
11recovered in a civil action.
12    (e) The State's Attorney of the county in which the
13violation occurred, or the Attorney General, may, at the
14request of the Agency or on his own motion, institute a civil
15action for an injunction, prohibitory or mandatory, to restrain
16violations of this Act, any rule or regulation adopted under
17this Act, any permit or term or condition of a permit, or any
18Board order, or to require such other actions as may be
19necessary to address violations of this Act, any rule or
20regulation adopted under this Act, any permit or term or
21condition of a permit, or any Board order.
22    (f) The State's Attorney of the county in which the
23violation occurred, or the Attorney General, shall bring such
24actions in the name of the people of the State of Illinois.
25Without limiting any other authority which may exist for the
26awarding of attorney's fees and costs, the Board or a court of

 

 

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1competent jurisdiction may award costs and reasonable
2attorney's fees, including the reasonable costs of expert
3witnesses and consultants, to the State's Attorney or the
4Attorney General in a case where he has prevailed against a
5person who has committed a wilful, knowing or repeated
6violation of this Act, any rule or regulation adopted under
7this Act, any permit or term or condition of a permit, or any
8Board order.
9    Any funds collected under this subsection (f) in which the
10Attorney General has prevailed shall be deposited in the
11Hazardous Waste Fund created in Section 22.2 of this Act. Any
12funds collected under this subsection (f) in which a State's
13Attorney has prevailed shall be retained by the county in which
14he serves.
15    (g) All final orders imposing civil penalties pursuant to
16this Section shall prescribe the time for payment of such
17penalties. If any such penalty is not paid within the time
18prescribed, interest on such penalty at the rate set forth in
19subsection (a) of Section 1003 of the Illinois Income Tax Act,
20shall be paid for the period from the date payment is due until
21the date payment is received. However, if the time for payment
22is stayed during the pendency of an appeal, interest shall not
23accrue during such stay.
24    (h) In determining the appropriate civil penalty to be
25imposed under subdivisions (a), (b)(1), (b)(2), (b)(3), or
26(b)(5), (b)(6), or (b)(7) of this Section, the Board is

 

 

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1authorized to consider any matters of record in mitigation or
2aggravation of penalty, including but not limited to the
3following factors:
4        (1) the duration and gravity of the violation;
5        (2) the presence or absence of due diligence on the
6    part of the respondent in attempting to comply with
7    requirements of this Act and regulations thereunder or to
8    secure relief therefrom as provided by this Act;
9        (3) any economic benefits accrued by the respondent
10    because of delay in compliance with requirements, in which
11    case the economic benefits shall be determined by the
12    lowest cost alternative for achieving compliance;
13        (4) the amount of monetary penalty which will serve to
14    deter further violations by the respondent and to otherwise
15    aid in enhancing voluntary compliance with this Act by the
16    respondent and other persons similarly subject to the Act;
17        (5) the number, proximity in time, and gravity of
18    previously adjudicated violations of this Act by the
19    respondent;
20        (6) whether the respondent voluntarily self-disclosed,
21    in accordance with subsection (i) of this Section, the
22    non-compliance to the Agency;
23        (7) whether the respondent has agreed to undertake a
24    "supplemental environmental project," which means an
25    environmentally beneficial project that a respondent
26    agrees to undertake in settlement of an enforcement action

 

 

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1    brought under this Act, but which the respondent is not
2    otherwise legally required to perform; and
3        (8) whether the respondent has successfully completed
4    a Compliance Commitment Agreement under subsection (a) of
5    Section 31 of this Act to remedy the violations that are
6    the subject of the complaint.
7    In determining the appropriate civil penalty to be imposed
8under subsection (a) or paragraph (1), (2), (3), or (5), (6),
9or (7) of subsection (b) of this Section, the Board shall
10ensure, in all cases, that the penalty is at least as great as
11the economic benefits, if any, accrued by the respondent as a
12result of the violation, unless the Board finds that imposition
13of such penalty would result in an arbitrary or unreasonable
14financial hardship. However, such civil penalty may be off-set
15in whole or in part pursuant to a supplemental environmental
16project agreed to by the complainant and the respondent.
17    (i) A person who voluntarily self-discloses non-compliance
18to the Agency, of which the Agency had been unaware, is
19entitled to a 100% reduction in the portion of the penalty that
20is not based on the economic benefit of non-compliance if the
21person can establish the following:
22        (1) that the non-compliance was discovered through an
23    environmental audit or a compliance management system
24    documented by the regulated entity as reflecting the
25    regulated entity's due diligence in preventing, detecting,
26    and correcting violations;

 

 

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1        (2) that the non-compliance was disclosed in writing
2    within 30 days of the date on which the person discovered
3    it;
4        (3) that the non-compliance was discovered and
5    disclosed prior to:
6            (i) the commencement of an Agency inspection,
7        investigation, or request for information;
8            (ii) notice of a citizen suit;
9            (iii) the filing of a complaint by a citizen, the
10        Illinois Attorney General, or the State's Attorney of
11        the county in which the violation occurred;
12            (iv) the reporting of the non-compliance by an
13        employee of the person without that person's
14        knowledge; or
15            (v) imminent discovery of the non-compliance by
16        the Agency;
17        (4) that the non-compliance is being corrected and any
18    environmental harm is being remediated in a timely fashion;
19        (5) that the person agrees to prevent a recurrence of
20    the non-compliance;
21        (6) that no related non-compliance events have
22    occurred in the past 3 years at the same facility or in the
23    past 5 years as part of a pattern at multiple facilities
24    owned or operated by the person;
25        (7) that the non-compliance did not result in serious
26    actual harm or present an imminent and substantial

 

 

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1    endangerment to human health or the environment or violate
2    the specific terms of any judicial or administrative order
3    or consent agreement;
4        (8) that the person cooperates as reasonably requested
5    by the Agency after the disclosure; and
6        (9) that the non-compliance was identified voluntarily
7    and not through a monitoring, sampling, or auditing
8    procedure that is required by statute, rule, permit,
9    judicial or administrative order, or consent agreement.
10    If a person can establish all of the elements under this
11subsection except the element set forth in paragraph (1) of
12this subsection, the person is entitled to a 75% reduction in
13the portion of the penalty that is not based upon the economic
14benefit of non-compliance.
15    (j) In addition to any other remedy or penalty that may
16apply, whether civil or criminal, any person who violates
17Section 22.52 of this Act shall be liable for an additional
18civil penalty of up to 3 times the gross amount of any
19pecuniary gain resulting from the violation.
20    (k) In addition to any other remedy or penalty that may
21apply, whether civil or criminal, any person who violates
22subdivision (a)(7.6) of Section 31 of this Act shall be liable
23for an additional civil penalty of $2,000.
24(Source: P.A. 97-519, eff. 8-23-11; 98-638, eff. 1-1-15.)
 
25    Section 99. Effective date. This Act takes effect upon
26becoming law.