Illinois General Assembly - Full Text of HB3595
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Full Text of HB3595  103rd General Assembly




HB3595 EngrossedLRB103 30450 CPF 56882 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
5adding Section 3.141-5 and by changing Section 42 as follows:
6    (415 ILCS 5/3.141-5 new)
7    Sec. 3.141-5. Power plant demolition transparency and air
9    (a) As used in this Section:
10    "Air quality plan" means the air quality plan established
11under subsection (j).
12    "Demolition" means any of the following activities
13conducted in relation to a thermal power plant:
14        (1) The demolition of a smokestack.
15        (2) The demolition of an entire building or structure.
16        (3) The demolition of substantially all of the
17    above-grade portion of a building or structure.
18        (4) The alteration of an existing building to
19    permanently reduce its building area via demolition.
20    "Dust mitigation plan" means the dust mitigation plan
21required to be included in the air quality plan.
22    "Fugitive dust" means fugitive particulate matter or any
23particulate matter emitted into the atmosphere other than



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1through a stack, provided that nothing in this definition
2shall exempt any emission unit from compliance with any
3provision of 35 Ill. Adm. Code 212 otherwise applicable merely
4because of the absence of a stack.
5    "Implosion" means the use of explosives for the demolition
6of buildings or other structures.
7    "Owner or operator" means the owner or operator of a
8thermal power plant and includes agents, representatives, and
9any persons acting on behalf of an owner or operator of the
10thermal power plant.
11    "Particulate emission potential" means the potential for
12particulates from existing soils at the site to be dispersed
13by wind or by physical disturbance as determined using the
14procedures described in subparagraph (C) of paragraph (3) of
15subsection (j).
16    "Recognized environmental condition" means the presence or
17likely presence of any hazardous substance or petroleum
18product on a property under conditions that indicate an
19existing release, a past release, or a material threat of a
20release of any hazardous substance or petroleum product into a
21structure on the property or into the ground, ground water, or
22surface water of the property.
23    "Sensitive area" means any residentially-zoned or
24mixed-used property with residential use, a park, a hospital,
25a clinic, a church, a day-care, or a school.
26    "Site" means real property containing a building or



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1structure to be demolished, and all structures, equipment, and
2ancillary fixtures thereon, used in or to support the
3demolition. "Site" includes, but is not limited to,
4structures, buildings, scales, roadways, parking areas,
5queuing areas, fences, processing equipment, processing areas,
6staging or stockpiling areas, and monitoring stations.
7    "Site cleanup plan" means the site cleanup plan required
8in paragraph (5) of subsection (j).
9    "Thermal power plant" or "plant" means a facility that
10currently produces or has ever produced electricity using a
11thermal generation technology. "Thermal power plant" or
12"plant" includes generation facilities creating power using
13coal or gas as inputs. "Thermal power plant" or "plant" does
14not include buildings that are exclusively administrative or
15exclusively office buildings.
16    (b) Before an owner or operator may initiate demolition of
17a thermal power plant via implosion, the owner or operator
18must satisfy the notification requirements under subsection
19(c) and obtain an Agency-approved air quality plan as
20specified under subsection (j).
21    (c) Before an owner or operator may initiate demolition of
22a thermal power plant via implosion, the owner or operator
23must notify the public at least 60 days before the anticipated
24date of the implosion. Notification must be conducted through
25all of the following activities:
26        (1) Posting notices in both physical and online form



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1    in a newspaper of general circulation within 25 miles of
2    where the thermal power plant is located. Where a
3    newspaper is unavailable, the owner or operator may use
4    appropriate broadcast media such as radio or television.
5        (2) Mailing or hand-delivering notices to the Agency
6    and all residents within at least a one-mile radius from
7    the property line of the thermal power plant site; the
8    radius requirement is subject to the discretion of the
9    Agency and may be extended dependent on site-specific
10    characteristics, including, but not limited to,
11    surrounding area population density, method of demolition,
12    and pollution constituents associated with the demolition
13    site.
14        (3) Posting the notices on-site and in conspicuous
15    public locations, such as grocery stores, public
16    libraries, schools, municipal buildings, and pharmacies.
17        (4) Establishing and posting on a publicly accessible
18    website that can be visited without providing login
19    credentials and that functions as a repository, all
20    demolition-related communications, notices, and documents
21    as specified in subsection (e).
22        (5) Creating and sending alerts to phone, email, and
23    text lists to announce the public meeting and specific
24    demolition dates.
25        (6) Requesting that the Agency email the notices to
26    the Agency's listserv, created under paragraph (7), for



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1    the plant.
2        (7) For each plant subject to this Act, the Agency
3    must create and maintain a listserv. Each listserv must
4    include the email addresses of all interested persons who
5    notify the Agency in writing, either directly through the
6    Agency or indirectly through the owner or operator, of the
7    person's respective email addresses and that the person
8    would like to receive emails of notices concerning the
9    plant.
10    (d) The notice required under subsection (c) must include
11the following information:
12        (1) The owner or operator's contact information, as
13    well as the business name of each company that will be
14    performing the demolition in whole or in part.
15        (2) The date and time of the scheduled demolition.
16        (3) The portion of the plant that is set for
17    demolition.
18        (4) The amount of demolition debris anticipated,
19    expressed in terms of both weight and volume and
20    categorized according to waste stream if multiple waste
21    streams will result from the demolition, how and where it
22    will be transported, and how and where it will ultimately
23    be disposed of or otherwise repurposed.
24        (5) The date, time, and location of the public meeting
25    required under subsection (g), along with a reference to
26    the statute requiring the public meeting.



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1        (6) The address of the publicly accessible website.
2        (7) Instructions for how to join phone, email, or text
3    lists required under paragraph (5) of subsection (c) for
4    future notices, public meetings, and specific demolition
5    dates.
6    (e) The information posted to the website must be made
7available to the public on the website until 3 years after the
8demolition ends. The content of the notice shall be available
9on the home page of the website and the following information
10must be available through the publicly accessible website:
11        (1) A copy of the notice with identical content.
12        (2) The draft air quality plan and all documentation
13    relied upon in making the air quality plan as described in
14    subsection (j).
15        (3) The date, time, and location of the public meeting
16    required under subsection (g), along with a reference to
17    the statute requiring the public meeting.
18        (4) A description of potential demolition impacts,
19    including, but not limited to, a list of potential
20    contaminants in the demolition debris, broken down by
21    major waste stream if applicable, dates, hours, and
22    decibels of noise anticipated, and dates and hours of road
23    closures anticipated.
24        (5) Information on any applicable permits issued to
25    the plant in relation to the demolition, including
26    county-issued or municipality-issued permits, with express



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1    instructions explaining how to access a copy of each
2    permit, or a copy of each of the permits, if available.
3        (6) Whether there are any unlined CCR surface
4    impoundments, as defined in Section 3.143, at or nearby
5    the plant or public water sources or private wells within
6    2,500 feet of the plant.
7        (7) A detailed description of the preventative
8    measures that will be implemented by the owner or operator
9    to control, mitigate, or prevent from occurring any air,
10    soil, or water pollution during the demolition.
11        (8) When a proposed demolition is located in a
12    community with 10% or more non-English speaking residents,
13    non-English versions of all of the above reflecting local
14    language prevalence.
15    (f) The owner or operator shall submit proof of
16notification to the Agency. No earlier than one week and no
17less than 72 hours before the originally scheduled demolition,
18the owner or operator must advise the phone, email, and text
19lists required under paragraph (5) of subsection (c) of the
20upcoming demolition.
21    If there is a change to the date and time of a scheduled
22demolition, the owner or operator must update the
23publicly-accessible website required under paragraph (4) of
24subsection (c) and advise the phone, email, and text lists
25required under paragraph (5) of subsection (c) that the date
26is changing within 24 hours of the schedule change and also



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1notice of a new planned date at least 16 hours prior to the new
2demolition date.
3    (g) At least 30 days after providing notice pursuant to
4this Section, an owner or operator must hold at least one
5public meeting within the municipality in which the site is
6located to discuss the proposed demolition, subject to the
7following rules:
8        (1) The public meeting must be not more than 5 miles
9    from the site unless a suitable venue is not available
10    within that distance.
11        (2) The public meeting must begin after 5:00 p.m. and
12    be located at a venue that is accessible to persons with
13    disabilities.
14        (3) The owner or operator must provide reasonable
15    accommodations, as defined in paragraph (9) of Section
16    12111 of the federal Americans with Disabilities Act of
17    1990, 42 U.S.C. 12111(9), upon request.
18    (h) When a proposed demolition is located in a community
19with 10% or more non-English speaking residents, the owner or
20operator must provide translation services during the public
21meeting required by this Section, if requested at least 72
22hours in advance of the public meeting.
23    (i) At the public meeting, the owner or operator must
24comply with the following:
25        (1) Present the schedule and process for the
26    demolition, which must cover the noise, air quality,



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1    environmental, public health, and any other community
2    impacts, such as road closures, expected from the
3    demolition, as well as a summary of the air quality plan,
4    including control equipment and best management practices
5    that will be used to reduce fugitive dust.
6        (2) Include a question and answer portion of the
7    meeting to allow the public to ask questions.
8        (3) Include a public comment portion of the meeting to
9    allow the public to offer comments.
10        (4) Ensure the presence of representatives from the
11    owner or operator or the company that will be performing
12    the demolition in whole or in part. The representative
13    must be qualified and knowledgeable enough to answer the
14    questions posed by the public.
15        (5) The owner and operator shall engage a certified
16    court reporter to be present at the public meeting and
17    transcribe the entirety of the public meeting, including,
18    but not limited to, all statements made by the owner or
19    operator and all public comments offered at the public
20    meeting.
21        (6) The owner or operator shall make the transcript of
22    the public meeting available on the owner or operator's
23    publicly accessible website no later than 14 days after
24    the public meeting.
25        (7) The owner or operator shall create a summary of
26    the public meeting, including issues raised by the public,



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1    and respond to all questions in writing no later than 14
2    days after the meeting. The owner or operator shall post
3    the summary and responses to the owner's or operator's
4    publicly accessible website and advise the phone, email,
5    and text lists when the documentation is available.
6        (8) The public meeting shall be live-streamed in order
7    to allow the public to watch and meaningfully participate
8    in the meeting. The meeting shall also be recorded. The
9    recording shall be made available on the owner's or
10    operator's publicly accessible website.
11    (j) Before an owner or operator may initiate demolition of
12a thermal power plant via implosion, the owner or operator
13must establish an air quality plan that is approved by the
14Agency. The owner or operator shall comply with the provisions
15of the approved air quality plan.
16    The air quality plan, the transcript of the public meeting
17required under subsection (g), and the public meeting summary
18described in paragraph (7) of subsection (i) shall be
19submitted to the Agency no more than 45 days after the public
20meeting required under subsection (g).
21    The air quality plan shall include, but is not limited to,
22the following:
23        (1) An air dispersion modeling study using AERMOD. The
24    study shall simulate dust propagation generated from the
25    implosion under varying wind speeds, wind directions, and
26    weather stability classes, such as unstable, neutral, and



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1    stable. The model shall calculate the concentrations of
2    PM10 in the dust plume generated from the impact of the
3    collapsed building or structure with the ground. Its
4    results shall inform the placement of air monitors, as
5    well as the dust mitigation plan and the site cleanup
6    plan, and traffic management plans and the siting of
7    protection and exclusion zones on-site and off-site. The
8    AERMOD model shall produce the following outputs
9    superimposed over aerial or satellite imagery:
10            (A) PM10 concentration contours.
11            (B) PM10 concentration versus time at the source,
12        in the surrounding public way, and at sensitive areas
13        offsite within 1,000 feet of the site.
14            (C) Maximum PM10 concentrations at the areas
15        specified above.
16            (D) Computer generated videos for the estimated
17        dust cloud propagation and dissipation.
18        (2) Air monitoring of the air upwind and downwind at
19    the site, as well the air at sensitive areas within 1,000
20    feet of the site or within the plume modeled under
21    paragraph (1), whichever distance is greater, for PM10.
22    The monitoring shall be conducted for at least a 24-hour
23    duration one week prior to the implosion, during the
24    implosion, and one week following the implosion, or weekly
25    until air monitoring confirms that the 24-hour PM10 levels
26    are back to normal, pre-implosion levels. PM10 levels



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1    shall be considered normal when the measured PM10 levels
2    are within the historic mean, plus or minus the standard
3    deviation, within the last 3 years, unless the Agency has
4    reason to believe that the site is still causing PM10
5    levels to be elevated. Historic PM10 data shall be based
6    on data collected by the owner or operator from the
7    nearest ambient air quality station operated by the Agency
8    or other data sources approved by the Agency. The air
9    monitoring shall comply with the following:
10            (A) All air monitoring data shall be published on
11        the publicly accessible website within 4 hours after
12        collecting the data.
13            (B) In conjunction with the above PM10 monitoring,
14        air samples shall be collected at all monitored
15        locations for analysis of: lead using NIOSH Method
16        7300, 7302, or 7303; asbestos fibers using NIOSH
17        Method 7400 or 7402; silica using NIOSH Method 7500 or
18        7602; respirable particulates using NIOSH Method 0600;
19        and total dust using NIOSH Method 0500. The Agency may
20        approve alternate test methods or require the use of
21        United States Environmental Protection Agency methods,
22        depending on site-specific factors. The Agency may
23        also require the air sampling of any or all hazardous
24        substances or petroleum products for which there is a
25        recognized environmental condition that may be emitted
26        into the air by the implosion. The PM10 monitoring



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1        shall be conducted using instruments designated as
2        Federal Equivalent Method (FEM) by the United States
3        Environmental Protection Agency.
4            (C) The air quality plan shall also include
5        operation, according to manufacturer's specifications,
6        of a weather station or other permanent device to
7        monitor and record wind speed and wind direction,
8        along with the corresponding temperature, barometric
9        pressure, and relative humidity at or near the site.
10        Such readings shall be taken at an unobstructed,
11        unsheltered area, unimpacted by the implosion, and at
12        a minimum height of 10 meters above ground level,
13        unless another height is appropriate pursuant to
14        applicable United States Environmental Protection
15        Agency protocols and guidance.
16        (3) A dust mitigation plan that ensures adequate
17    precautions and use of best practices to minimize fugitive
18    dust. The dust mitigation plan shall include, but is not
19    limited to, the following:
20            (A) The following best practices:
21                (i) The thorough sweeping of paved surfaces
22            using a sweeper effective at removing fine
23            particulates.
24                (ii) Adequate wetting of all unpaved areas.
25            The operator shall ensure that surficial soils
26            within the ground impact area and 50% beyond are



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1            thoroughly saturated up to a depth of 4 inches, or
2            otherwise treated using methods approved by the
3            Agency, on the day of and within one hour prior to
4            the implosion, or within the closest timeframe
5            allowed by safety protocol.
6                (iii) Employing misting cannons around the
7            building or structure or at strategic locations
8            and elevations determined based on the results of
9            the air dispersion modeling under paragraph (1).
10                (iv) Applying water to debris immediately
11            following blast and safety clearance.
12            (B) Restricting traffic and operations to paved
13        areas or stabilized surfaces. Soils exhibiting a high
14        particulate emission potential shall be fenced off or
15        otherwise demarcated to prevent disturbance, or shall
16        be effectively stabilized, removed, or covered if
17        vehicle traffic or operations will occur over these
18        areas.
19            (C) Evaluation of on-site surficial soil for
20        particulate emission potential, which shall be
21        determined to be high based on its fines content as
22        percent passing No. 200 sieve and optimum moisture
23        content as percent by dry weight as follows:
24                (i) if the fines content is greater than or
25            equal to 15% and the optimum moisture content is
26            greater than or equal to 11%, the particulate



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1            emission potential is high; or
2                (ii) if the fines content is greater than 50%,
3            the particulate emission potential is high.
4            The fines content shall be determined using ASTM
5        D1140-17, or updates thereto, while the optimum
6        moisture content shall be measured using ASTM D1557 or
7        AASHTO T180-D, or updates thereto. Alternate methods
8        may be used with prior written approval from the
9        Agency. The results of the investigation shall be
10        depicted on a site map showing the areas of high
11        particulate emission potential of unpaved surfaces at
12        the site.
13        (4) A contingency plan describing the contingency
14    measures to be implemented if the above control measures
15    fail to adequately control dust emissions. In addition,
16    the plan must describe the steps that will be taken to
17    verify that a dust control measure is working and, upon
18    discovery of an inadequacy, the steps that will be taken
19    to initiate a contingency measure.
20        (5) A site cleanup plan to remove dust, debris, and
21    litter from the surrounding impacted area as expeditiously
22    and as safely as possible to minimize disruption to the
23    community. The site cleanup plan shall include, but is not
24    limited to, the following:
25            (A) The use of a street sweeper to clean impacted
26        paved areas. The street sweeper shall be equipped with



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1        a waterless dust suppression system comprised of
2        vacuum assist and filtration for pickup and mitigation
3        of potential fugitive fine particulates, and shall be
4        PM10-certified.
5            (B) The cleaning of impacted parkways and private
6        properties, with owner permission.
7            (C) Inspection protocols that ensure that impacted
8        areas, including, but not limited to, public roadways
9        adjacent to residential and public structures and
10        utility lines, are returned to preimplosion
11        conditions.
12            (D) A staffing plan and equipment list necessary
13        to execute the cleanup.
14    (415 ILCS 5/42)  (from Ch. 111 1/2, par. 1042)
15    Sec. 42. Civil penalties.
16    (a) Except as provided in this Section, any person that
17violates any provision of this Act or any regulation adopted
18by the Board, or any permit or term or condition thereof, or
19that violates any order of the Board pursuant to this Act,
20shall be liable for a civil penalty of not to exceed $50,000
21for the violation and an additional civil penalty of not to
22exceed $10,000 for each day during which the violation
23continues; such penalties may, upon order of the Board or a
24court of competent jurisdiction, be made payable to the
25Environmental Protection Trust Fund, to be used in accordance



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1with the provisions of the Environmental Protection Trust Fund
3    (b) Notwithstanding the provisions of subsection (a) of
4this Section:
5        (1) Any person that violates Section 12(f) of this Act
6    or any NPDES permit or term or condition thereof, or any
7    filing requirement, regulation or order relating to the
8    NPDES permit program, shall be liable to a civil penalty
9    of not to exceed $10,000 per day of violation.
10        (2) Any person that violates Section 12(g) of this Act
11    or any UIC permit or term or condition thereof, or any
12    filing requirement, regulation or order relating to the
13    State UIC program for all wells, except Class II wells as
14    defined by the Board under this Act, shall be liable to a
15    civil penalty not to exceed $2,500 per day of violation;
16    provided, however, that any person who commits such
17    violations relating to the State UIC program for Class II
18    wells, as defined by the Board under this Act, shall be
19    liable to a civil penalty of not to exceed $10,000 for the
20    violation and an additional civil penalty of not to exceed
21    $1,000 for each day during which the violation continues.
22        (3) Any person that violates Sections 21(f), 21(g),
23    21(h) or 21(i) of this Act, or any RCRA permit or term or
24    condition thereof, or any filing requirement, regulation
25    or order relating to the State RCRA program, shall be
26    liable to a civil penalty of not to exceed $25,000 per day



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1    of violation.
2        (4) In an administrative citation action under Section
3    31.1 of this Act, any person found to have violated any
4    provision of subsection (o) of Section 21 of this Act
5    shall pay a civil penalty of $500 for each violation of
6    each such provision, plus any hearing costs incurred by
7    the Board and the Agency. Such penalties shall be made
8    payable to the Environmental Protection Trust Fund, to be
9    used in accordance with the provisions of the
10    Environmental Protection Trust Fund Act; except that if a
11    unit of local government issued the administrative
12    citation, 50% of the civil penalty shall be payable to the
13    unit of local government.
14        (4-5) In an administrative citation action under
15    Section 31.1 of this Act, any person found to have
16    violated any provision of subsection (p) of Section 21,
17    Section 22.38, Section 22.51, Section 22.51a, or
18    subsection (k) of Section 55 of this Act shall pay a civil
19    penalty of $1,500 for each violation of each such
20    provision, plus any hearing costs incurred by the Board
21    and the Agency, except that the civil penalty amount shall
22    be $3,000 for each violation of any provision of
23    subsection (p) of Section 21, Section 22.38, Section
24    22.51, Section 22.51a, or subsection (k) of Section 55
25    that is the person's second or subsequent adjudication
26    violation of that provision. The penalties shall be



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1    deposited into the Environmental Protection Trust Fund, to
2    be used in accordance with the provisions of the
3    Environmental Protection Trust Fund Act; except that if a
4    unit of local government issued the administrative
5    citation, 50% of the civil penalty shall be payable to the
6    unit of local government.
7        (5) Any person who violates subsection 6 of Section
8    39.5 of this Act or any CAAPP permit, or term or condition
9    thereof, or any fee or filing requirement, or any duty to
10    allow or carry out inspection, entry or monitoring
11    activities, or any regulation or order relating to the
12    CAAPP shall be liable for a civil penalty not to exceed
13    $10,000 per day of violation.
14        (6) Any owner or operator of a community water system
15    that violates subsection (b) of Section 18.1 or subsection
16    (a) of Section 25d-3 of this Act shall, for each day of
17    violation, be liable for a civil penalty not to exceed $5
18    for each of the premises connected to the affected
19    community water system.
20        (7) Any person who violates Section 52.5 of this Act
21    shall be liable for a civil penalty of up to $1,000 for the
22    first violation of that Section and a civil penalty of up
23    to $2,500 for a second or subsequent violation of that
24    Section.
25        (8) Any person who engages in demolition of a thermal
26    power plant via implosion in violation of Section 3.141-5



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1    of this Act shall be liable for a civil penalty of up to
2    $50,000 for the first violation and up to $250,000 for a
3    second or subsequent violation.
4    (b.5) In lieu of the penalties set forth in subsections
5(a) and (b) of this Section, any person who fails to file, in a
6timely manner, toxic chemical release forms with the Agency
7pursuant to Section 25b-2 of this Act shall be liable for a
8civil penalty of $100 per day for each day the forms are late,
9not to exceed a maximum total penalty of $6,000. This daily
10penalty shall begin accruing on the thirty-first day after the
11date that the person receives the warning notice issued by the
12Agency pursuant to Section 25b-6 of this Act; and the penalty
13shall be paid to the Agency. The daily accrual of penalties
14shall cease as of January 1 of the following year. All
15penalties collected by the Agency pursuant to this subsection
16shall be deposited into the Environmental Protection Permit
17and Inspection Fund.
18    (c) Any person that violates this Act, any rule or
19regulation adopted under this Act, any permit or term or
20condition of a permit, or any Board order and causes the death
21of fish or aquatic life shall, in addition to the other
22penalties provided by this Act, be liable to pay to the State
23an additional sum for the reasonable value of the fish or
24aquatic life destroyed. Any money so recovered shall be placed
25in the Wildlife and Fish Fund in the State Treasury.
26    (d) The penalties provided for in this Section may be



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1recovered in a civil action.
2    (e) The State's Attorney of the county in which the
3violation occurred, or the Attorney General, may, at the
4request of the Agency or on his own motion, institute a civil
5action for an injunction, prohibitory or mandatory, to
6restrain violations of this Act, any rule or regulation
7adopted under this Act, any permit or term or condition of a
8permit, or any Board order, or to require such other actions as
9may be necessary to address violations of this Act, any rule or
10regulation adopted under this Act, any permit or term or
11condition of a permit, or any Board order.
12    (f) The State's Attorney of the county in which the
13violation occurred, or the Attorney General, shall bring such
14actions in the name of the people of the State of Illinois.
15Without limiting any other authority which may exist for the
16awarding of attorney's fees and costs, the Board or a court of
17competent jurisdiction may award costs and reasonable
18attorney's fees, including the reasonable costs of expert
19witnesses and consultants, to the State's Attorney or the
20Attorney General in a case where he has prevailed against a
21person who has committed a willful, knowing, or repeated
22violation of this Act, any rule or regulation adopted under
23this Act, any permit or term or condition of a permit, or any
24Board order.
25    Any funds collected under this subsection (f) in which the
26Attorney General has prevailed shall be deposited in the



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1Hazardous Waste Fund created in Section 22.2 of this Act. Any
2funds collected under this subsection (f) in which a State's
3Attorney has prevailed shall be retained by the county in
4which he serves.
5    (g) All final orders imposing civil penalties pursuant to
6this Section shall prescribe the time for payment of such
7penalties. If any such penalty is not paid within the time
8prescribed, interest on such penalty at the rate set forth in
9subsection (a) of Section 1003 of the Illinois Income Tax Act,
10shall be paid for the period from the date payment is due until
11the date payment is received. However, if the time for payment
12is stayed during the pendency of an appeal, interest shall not
13accrue during such stay.
14    (h) In determining the appropriate civil penalty to be
15imposed under subdivisions (a), (b)(1), (b)(2), (b)(3),
16(b)(5), (b)(6), or (b)(7) of this Section, the Board is
17authorized to consider any matters of record in mitigation or
18aggravation of penalty, including, but not limited to, the
19following factors:
20        (1) the duration and gravity of the violation;
21        (2) the presence or absence of due diligence on the
22    part of the respondent in attempting to comply with
23    requirements of this Act and regulations thereunder or to
24    secure relief therefrom as provided by this Act;
25        (3) any economic benefits accrued by the respondent
26    because of delay in compliance with requirements, in which



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1    case the economic benefits shall be determined by the
2    lowest cost alternative for achieving compliance;
3        (4) the amount of monetary penalty which will serve to
4    deter further violations by the respondent and to
5    otherwise aid in enhancing voluntary compliance with this
6    Act by the respondent and other persons similarly subject
7    to the Act;
8        (5) the number, proximity in time, and gravity of
9    previously adjudicated violations of this Act by the
10    respondent;
11        (6) whether the respondent voluntarily self-disclosed,
12    in accordance with subsection (i) of this Section, the
13    non-compliance to the Agency;
14        (7) whether the respondent has agreed to undertake a
15    "supplemental environmental project", which means an
16    environmentally beneficial project that a respondent
17    agrees to undertake in settlement of an enforcement action
18    brought under this Act, but which the respondent is not
19    otherwise legally required to perform; and
20        (8) whether the respondent has successfully completed
21    a Compliance Commitment Agreement under subsection (a) of
22    Section 31 of this Act to remedy the violations that are
23    the subject of the complaint.
24    In determining the appropriate civil penalty to be imposed
25under subsection (a) or paragraph (1), (2), (3), (5), (6), or
26(7) of subsection (b) of this Section, the Board shall ensure,



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1in all cases, that the penalty is at least as great as the
2economic benefits, if any, accrued by the respondent as a
3result of the violation, unless the Board finds that
4imposition of such penalty would result in an arbitrary or
5unreasonable financial hardship. However, such civil penalty
6may be off-set in whole or in part pursuant to a supplemental
7environmental project agreed to by the complainant and the
9    (i) A person who voluntarily self-discloses non-compliance
10to the Agency, of which the Agency had been unaware, is
11entitled to a 100% reduction in the portion of the penalty that
12is not based on the economic benefit of non-compliance if the
13person can establish the following:
14        (1) that either the regulated entity is a small entity
15    or the non-compliance was discovered through an
16    environmental audit or a compliance management system
17    documented by the regulated entity as reflecting the
18    regulated entity's due diligence in preventing, detecting,
19    and correcting violations;
20        (2) that the non-compliance was disclosed in writing
21    within 30 days of the date on which the person discovered
22    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;



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1            (ii) notice of a citizen suit;
2            (iii) the filing of a complaint by a citizen, the
3        Illinois Attorney General, or the State's Attorney of
4        the county in which the violation 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 by
9        the Agency;
10        (4) that the non-compliance is being corrected and any
11    environmental harm is being remediated in a timely
12    fashion;
13        (5) that the person agrees to prevent a recurrence of
14    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 the
17    past 5 years as part of a pattern at multiple facilities
18    owned or operated by the person;
19        (7) that the non-compliance did not result in serious
20    actual harm or present an imminent and substantial
21    endangerment to human health or the environment or violate
22    the specific terms of any judicial or administrative order
23    or consent agreement;
24        (8) that the person cooperates as reasonably requested
25    by the Agency after the disclosure; and
26        (9) that the non-compliance was identified voluntarily



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1    and not through a monitoring, sampling, or auditing
2    procedure that is required by statute, rule, permit,
3    judicial or administrative order, or consent agreement.
4    If a person can establish all of the elements under this
5subsection except the element set forth in paragraph (1) of
6this subsection, the person is entitled to a 75% reduction in
7the portion of the penalty that is not based upon the economic
8benefit of non-compliance.
9    For the purposes of this subsection (i), "small entity"
10has the same meaning as in Section 221 of the federal Small
11Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C.
13    (j) In addition to any other remedy or penalty that may
14apply, whether civil or criminal, any person who violates
15Section 22.52 of this Act shall be liable for an additional
16civil penalty of up to 3 times the gross amount of any
17pecuniary gain resulting from the violation.
18    (k) In addition to any other remedy or penalty that may
19apply, whether civil or criminal, any person who violates
20subdivision (a)(7.6) of Section 31 of this Act shall be liable
21for an additional civil penalty of $2,000.
22(Source: P.A. 102-310, eff. 8-6-21.)
23    (415 ILCS 5/3.141 rep.)
24    Section 10. The Environmental Protection Act is amended by
25repealing Section 3.141.



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1    Section 99. Effective date. This Act takes effect upon
2becoming law.