Full Text of HB5718 99th General Assembly
HB5718 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB5718 Introduced , by Rep. Jaime M. Andrade, Jr. SYNOPSIS AS INTRODUCED: |
| 415 ILCS 5/12 | from Ch. 111 1/2, par. 1012 | 415 ILCS 5/42 | from Ch. 111 1/2, par. 1042 |
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Amends the Environmental Protection Act. Provides that no person shall discharge oil or hazardous substances from a pipeline into, upon, or so as to threaten waters of the State. Provides that any person who is the owner or operator of any facility, vessel, or pipeline from which oil or a hazardous substance is discharged in violation a specified provision of the Act, shall be subject to a civil penalty in an amount up to $25,000 per day of violation or an amount up to $1,000 per barrel (42 gallons) of oil or unit of reportable quantity of hazardous substances discharged. Effective immediately.
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Environmental Protection Act is amended by | 5 | | changing Sections 12 and 42 as follows:
| 6 | | (415 ILCS 5/12) (from Ch. 111 1/2, par. 1012)
| 7 | | Sec. 12. Actions prohibited. No person shall:
| 8 | | (a) Cause or threaten or allow the discharge of any | 9 | | contaminants
into the environment in any State so as to cause | 10 | | or tend to cause water
pollution in Illinois, either alone or | 11 | | in combination with matter from
other sources, or so as to | 12 | | violate regulations or standards adopted by
the Pollution | 13 | | Control Board under this Act.
| 14 | | (b) Construct, install, or operate any equipment, | 15 | | facility, vessel,
or aircraft capable of causing or | 16 | | contributing to water pollution, or
designed to prevent water | 17 | | pollution, of any type designated by Board
regulations, without | 18 | | a permit granted by the Agency, or in violation of
any | 19 | | conditions imposed by such permit.
| 20 | | (c) Increase the quantity or strength of any discharge of
| 21 | | contaminants into the waters, or construct or install any sewer | 22 | | or
sewage treatment facility or any new outlet for contaminants | 23 | | into the
waters of this State, without a permit granted by the |
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| 1 | | Agency.
| 2 | | (d) Deposit any contaminants upon the land in such place | 3 | | and manner
so as to create a water pollution hazard.
| 4 | | (e) Sell, offer, or use any article in any area in which | 5 | | the Board
has by regulation forbidden its sale, offer, or use | 6 | | for reasons of water
pollution control.
| 7 | | (f) Cause, threaten or allow the discharge of any | 8 | | contaminant into
the waters of the State, as defined herein, | 9 | | including but not limited
to, waters to any sewage works, or | 10 | | into any well or from any point
source within the State, | 11 | | without an NPDES permit for point source
discharges issued by | 12 | | the Agency under Section 39(b) of this Act, or in
violation of | 13 | | any term or condition imposed by such permit, or in
violation | 14 | | of any NPDES permit filing requirement established under
| 15 | | Section 39(b), or in violation of any regulations adopted by | 16 | | the Board
or of any order adopted by the Board with respect to | 17 | | the NPDES program.
| 18 | | No permit shall be required under this subsection and under | 19 | | Section
39(b) of this Act for any discharge for which a permit | 20 | | is not required
under the Federal Water Pollution Control Act, | 21 | | as now or hereafter
amended, and regulations pursuant thereto.
| 22 | | For all purposes of this Act, a permit issued by the | 23 | | Administrator of the
United States Environmental Protection | 24 | | Agency under Section 402 of the Federal
Water Pollution Control | 25 | | Act, as now or hereafter amended, shall be deemed
to be a | 26 | | permit issued by the Agency pursuant to Section 39(b) of this |
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| 1 | | Act.
However, this shall not apply to the exclusion from the | 2 | | requirement of an
operating permit provided under Section | 3 | | 13(b)(i).
| 4 | | Compliance with the terms and conditions of any permit | 5 | | issued under Section
39(b) of this Act shall be deemed | 6 | | compliance with this subsection except
that it shall not be | 7 | | deemed compliance with any standard or effluent limitation
| 8 | | imposed for a toxic pollutant injurious to human health.
| 9 | | In any case where a permit has been timely applied for | 10 | | pursuant to Section
39(b) of this Act but final administrative | 11 | | disposition of such application
has not been made, it shall not | 12 | | be a violation of this subsection to discharge
without such | 13 | | permit unless the complainant proves that final administrative
| 14 | | disposition has not been made because of the failure of the | 15 | | applicant to
furnish information reasonably required or | 16 | | requested in order to process
the application.
| 17 | | (g) Cause, threaten or allow the underground injection of | 18 | | contaminants
without a UIC permit issued by the Agency under | 19 | | Section 39(d) of this Act,
or in violation of any term or | 20 | | condition imposed by such permit, or in violation
of any | 21 | | regulations or standards adopted by the Board or of any order | 22 | | adopted
by the Board with respect to the UIC program.
| 23 | | No permit shall be required under this subsection and under | 24 | | Section 39(d)
of this Act for any underground injection of | 25 | | contaminants for which a permit
is not required under Part C of | 26 | | the Safe Drinking Water Act (P.L. 93-523),
as amended, unless a |
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| 1 | | permit is authorized or required under regulations
adopted by | 2 | | the Board pursuant to Section 13 of this Act.
| 3 | | (h) Introduce contaminants into a sewage works from any | 4 | | nondomestic
source except in compliance with the regulations | 5 | | and standards adopted by
the Board under this Act. | 6 | | (i) Beginning January 1, 2013 or 6 months after the date of | 7 | | issuance of a general NPDES permit for surface discharging | 8 | | private sewage disposal systems by the Illinois Environmental | 9 | | Protection Agency or by the United States Environmental | 10 | | Protection Agency, whichever is later, construct or install a | 11 | | surface discharging private sewage disposal system that | 12 | | discharges into the waters of the United States, as that term | 13 | | is used in the Federal Water Pollution Control Act, unless he | 14 | | or she has a coverage letter under a NPDES permit issued by the | 15 | | Illinois Environmental Protection Agency or by the United | 16 | | States Environmental Protection Agency or he or she is | 17 | | constructing or installing the surface discharging private | 18 | | sewage disposal system in a jurisdiction in which the local | 19 | | public health department has a general NPDES permit issued by | 20 | | the Illinois Environmental Protection Agency or by the United | 21 | | States Environmental Protection Agency and the surface | 22 | | discharging private sewage disposal system is covered under the | 23 | | general NPDES permit.
| 24 | | (j) Discharge oil or hazardous substances from a pipeline | 25 | | into, upon, or so as to threaten waters of the State. As used | 26 | | in this subsection (j), "discharge" means an emission, other |
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| 1 | | than natural seepage, intentional or unintentional, and | 2 | | includes, but is not limited to, spilling, leaking, pumping, | 3 | | pouring, emitting, emptying, or dumping. As used in this | 4 | | subsection (j), "oil" means oil of any kind or in any form, | 5 | | including, but not limited to, petroleum and any fraction | 6 | | thereof, fuel oil, sludge, oil refuse, and oil mixed with waste | 7 | | other than dredged spoil. | 8 | | (Source: P.A. 96-801, eff. 1-1-10; 97-1081, eff. 8-24-12.)
| 9 | | (415 ILCS 5/42) (from Ch. 111 1/2, par. 1042) | 10 | | Sec. 42. Civil penalties. | 11 | | (a) Except as provided in this Section, any person that | 12 | | violates any
provision of this Act or any regulation adopted by | 13 | | the Board, or any permit
or term or condition thereof, or that | 14 | | violates any order of the Board pursuant
to this Act, shall be | 15 | | liable for a civil penalty of not to exceed
$50,000 for the | 16 | | violation and an additional civil penalty of not to exceed
| 17 | | $10,000 for each day during which the violation continues; such | 18 | | penalties may,
upon order of the Board or a court of competent | 19 | | jurisdiction, be made payable
to the Environmental Protection | 20 | | Trust Fund, to be used in accordance with the
provisions of the | 21 | | Environmental Protection Trust Fund Act. | 22 | | (b) Notwithstanding the provisions of subsection (a) of | 23 | | this Section: | 24 | | (1) Any person that violates Section 12(f) of this Act | 25 | | or any
NPDES permit or term or condition thereof, or any |
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| 1 | | filing requirement,
regulation or order relating to the | 2 | | NPDES permit program, shall be liable
to a civil penalty of | 3 | | not to exceed $10,000 per day of violation. | 4 | | (2) Any person that violates Section 12(g) of this Act | 5 | | or any UIC permit
or term or condition thereof, or any | 6 | | filing requirement, regulation or order
relating to the | 7 | | State UIC program for all wells, except Class II wells as
| 8 | | defined by the Board under this Act, shall be liable to a | 9 | | civil penalty
not to exceed $2,500 per day of violation; | 10 | | provided, however, that any person
who commits such | 11 | | violations relating to the State UIC program for Class
II | 12 | | wells, as defined by the Board under this Act, shall be | 13 | | liable to a civil
penalty of not to exceed $10,000 for the | 14 | | violation and an additional civil
penalty of not to exceed | 15 | | $1,000 for each day during which the violation
continues. | 16 | | (3) Any person that violates Sections 21(f), 21(g), | 17 | | 21(h) or 21(i) of
this Act, or any RCRA permit or term or | 18 | | condition thereof, or any filing
requirement, regulation | 19 | | or order relating to the State RCRA program, shall
be | 20 | | liable to a civil penalty of not to exceed $25,000 per day | 21 | | of violation. | 22 | | (4)
In an administrative citation action under Section | 23 | | 31.1 of this Act,
any person found to have violated any | 24 | | provision of subsection (o) of
Section 21 of this Act shall | 25 | | pay a civil penalty of $500 for each
violation of each such | 26 | | provision, plus any hearing costs incurred by the Board
and |
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| 1 | | the Agency. Such penalties shall be made payable to the | 2 | | Environmental
Protection Trust Fund, to be used in | 3 | | accordance with the provisions of the
Environmental | 4 | | Protection Trust Fund Act; except that if a unit of local
| 5 | | government issued the administrative citation, 50% of the | 6 | | civil penalty shall
be payable to the unit of local | 7 | | government. | 8 | | (4-5) In an administrative citation action under | 9 | | Section 31.1 of this
Act, any person found to have violated | 10 | | any
provision of subsection (p) of
Section 21, Section | 11 | | 22.51, Section 22.51a, or subsection (k) of Section 55 of | 12 | | this Act shall pay a civil penalty of $1,500 for each | 13 | | violation
of
each such provision, plus any hearing costs | 14 | | incurred by the Board and the
Agency, except that the civil | 15 | | penalty amount shall be $3,000 for
each violation of any | 16 | | provision of subsection (p) of Section 21, Section 22.51, | 17 | | Section 22.51a, or subsection (k) of Section 55 that is the
| 18 | | person's second or subsequent adjudication violation of | 19 | | that
provision. The penalties shall be deposited into the
| 20 | | Environmental Protection Trust Fund, to be used in | 21 | | accordance with the
provisions of the Environmental | 22 | | Protection Trust Fund Act; except that if a
unit of local | 23 | | government issued the administrative citation, 50% of the | 24 | | civil
penalty shall be payable to the unit of local | 25 | | government. | 26 | | (5) Any person who violates subsection 6 of Section |
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| 1 | | 39.5 of this Act
or any CAAPP permit, or term or condition | 2 | | thereof, or any fee or filing
requirement, or any duty to | 3 | | allow or carry out inspection, entry or
monitoring | 4 | | activities, or any regulation or order relating to the | 5 | | CAAPP
shall be liable for a civil penalty not to exceed | 6 | | $10,000 per day of violation. | 7 | | (6) Any owner or operator of a community water system | 8 | | that violates subsection (b) of Section 18.1 or subsection | 9 | | (a) of Section 25d-3 of this Act shall, for each day of | 10 | | violation, be liable for a civil penalty not to exceed $5 | 11 | | for each of the premises connected to the affected | 12 | | community water system. | 13 | | (7) Any person who violates Section 52.5 of this Act | 14 | | shall be liable for a civil penalty of up to $1,000 for the | 15 | | first violation of that Section and a civil penalty of up | 16 | | to $2,500 for a second or subsequent violation of that | 17 | | Section. | 18 | | (8) Any person who is the owner or operator of any | 19 | | facility, vessel, or pipeline from which oil or a hazardous | 20 | | substance is discharged in violation of subsection (j) of | 21 | | Section 12 of this Act, shall be subject to a civil penalty | 22 | | in an amount up to $25,000 per day of violation or an | 23 | | amount up to $1,000 per barrel (42 gallons) of oil or unit | 24 | | of reportable quantity of hazardous substances discharged. | 25 | | (b.5) In lieu of the penalties set forth in subsections (a) | 26 | | and (b) of
this Section, any person who fails to file, in a |
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| 1 | | timely manner, toxic
chemical release forms with the Agency | 2 | | pursuant to Section 25b-2
of this Act
shall be liable for a | 3 | | civil penalty of $100 per day for
each day the forms are
late, | 4 | | not to exceed a maximum total penalty of $6,000. This daily | 5 | | penalty
shall begin accruing on the thirty-first day after the
| 6 | | date that the person receives the warning notice issued by the | 7 | | Agency pursuant
to Section 25b-6 of this Act; and the penalty | 8 | | shall be paid to the Agency. The
daily accrual of penalties | 9 | | shall cease as of January 1 of the following year.
All | 10 | | penalties collected by the Agency pursuant to this subsection | 11 | | shall be
deposited into the Environmental Protection Permit and | 12 | | Inspection Fund. | 13 | | (c) Any person that violates this Act, any rule or | 14 | | regulation adopted under
this Act, any permit or term or | 15 | | condition of a permit, or any Board order and
causes the death | 16 | | of fish
or aquatic life shall, in addition to the other | 17 | | penalties provided by
this Act, be liable to pay to the State | 18 | | an additional sum for the
reasonable value of the fish or | 19 | | aquatic life destroyed. Any money so
recovered shall be placed | 20 | | in the Wildlife and Fish Fund in the State
Treasury. | 21 | | (d) The penalties provided for in this Section may be | 22 | | recovered in a
civil action. | 23 | | (e) The State's Attorney of the county in which the | 24 | | violation
occurred, or the Attorney General, may, at the | 25 | | request of the Agency or
on his own motion, institute a civil | 26 | | action for an injunction, prohibitory or mandatory, to
restrain |
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| 1 | | violations of this Act, any rule or regulation adopted under | 2 | | this Act,
any permit or term or condition of a permit, or any | 3 | | Board order, or to require such other actions as may be | 4 | | necessary to address violations of this Act, any rule or | 5 | | regulation adopted under this Act, any permit or term or | 6 | | condition of a permit, or any Board order. | 7 | | (f) The State's Attorney of the county in which the | 8 | | violation
occurred, or the Attorney General, shall bring such | 9 | | actions in the name
of the people of the State of Illinois.
| 10 | | Without limiting any other authority which may exist for the | 11 | | awarding
of attorney's fees and costs, the Board or a court of | 12 | | competent
jurisdiction may award costs and reasonable | 13 | | attorney's fees, including the
reasonable costs of expert | 14 | | witnesses and consultants, to the State's
Attorney or the | 15 | | Attorney General in a case where he has prevailed against a
| 16 | | person who has committed a wilful, knowing or repeated | 17 | | violation of this Act,
any rule or regulation adopted under | 18 | | this Act, any permit or term or condition
of a permit, or any | 19 | | Board order. | 20 | | Any funds collected under this subsection (f) in which the | 21 | | Attorney
General has prevailed shall be deposited in the
| 22 | | Hazardous Waste Fund created in Section 22.2 of this Act. Any | 23 | | funds
collected under this subsection (f) in which a State's | 24 | | Attorney has
prevailed shall be retained by the county in which | 25 | | he serves. | 26 | | (g) All final orders imposing civil penalties pursuant to |
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| 1 | | this Section
shall prescribe the time for payment of such | 2 | | penalties. If any such
penalty is not paid within the time | 3 | | prescribed, interest on such penalty
at the rate set forth in | 4 | | subsection (a) of Section 1003 of the Illinois Income
Tax Act, | 5 | | shall be paid for the period from the date payment is due until | 6 | | the
date payment is received. However, if the time for payment | 7 | | is stayed during
the pendency of an appeal, interest shall not | 8 | | accrue during such stay. | 9 | | (h) In determining the appropriate civil penalty to be | 10 | | imposed under
subdivisions (a), (b)(1), (b)(2), (b)(3), or | 11 | | (b)(5) of this
Section, the Board is authorized to consider any | 12 | | matters of record in
mitigation or aggravation of penalty, | 13 | | including but not limited to the
following factors: | 14 | | (1) the duration and gravity of the violation; | 15 | | (2) the presence or absence of due diligence on the | 16 | | part of the
respondent in attempting to comply with | 17 | | requirements of this
Act and regulations thereunder or to | 18 | | secure relief therefrom as provided by
this Act; | 19 | | (3) any economic benefits accrued by the respondent
| 20 | | because of delay in compliance with requirements, in which | 21 | | case the economic
benefits shall be determined by the | 22 | | lowest cost alternative for achieving
compliance; | 23 | | (4) the amount of monetary penalty which will serve to | 24 | | deter further
violations by the respondent and to otherwise | 25 | | aid in enhancing
voluntary
compliance with this Act by the | 26 | | respondent and other persons
similarly
subject to the Act; |
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| 1 | | (5) the number, proximity in time, and gravity of | 2 | | previously
adjudicated violations of this Act by the | 3 | | respondent; | 4 | | (6) whether the respondent voluntarily self-disclosed, | 5 | | in accordance
with subsection (i) of this Section, the | 6 | | non-compliance to the Agency; | 7 | | (7) whether the respondent has agreed to undertake a | 8 | | "supplemental
environmental project," which means an | 9 | | environmentally beneficial project that
a respondent | 10 | | agrees to undertake in settlement of an enforcement action | 11 | | brought
under this Act, but which the respondent is not | 12 | | otherwise legally required to
perform; and | 13 | | (8) whether the respondent has successfully completed | 14 | | a Compliance Commitment Agreement under subsection (a) of | 15 | | Section 31 of this Act to remedy the violations that are | 16 | | the subject of the complaint. | 17 | | In determining the appropriate civil penalty to be imposed | 18 | | under subsection
(a) or paragraph (1), (2), (3), or (5) of | 19 | | subsection (b) of this Section, the
Board shall ensure, in all | 20 | | cases, that the penalty is at least as great as the
economic | 21 | | benefits, if any, accrued by the respondent as a result of the
| 22 | | violation, unless the Board finds that imposition of such | 23 | | penalty would result
in an arbitrary or unreasonable financial | 24 | | hardship. However, such civil
penalty
may be off-set in whole | 25 | | or in part pursuant to a supplemental
environmental project | 26 | | agreed to by the complainant and the respondent. |
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| 1 | | (i) A person who voluntarily self-discloses non-compliance | 2 | | to the Agency,
of which the Agency had been unaware, is | 3 | | entitled to a 100% reduction in the
portion of the penalty that | 4 | | is not based on the economic benefit of
non-compliance if the | 5 | | person can
establish the following: | 6 | | (1) that the non-compliance was discovered through an | 7 | | environmental
audit or a compliance management system | 8 | | documented by the regulated entity as
reflecting the | 9 | | regulated entity's due diligence in preventing, detecting, | 10 | | and
correcting violations; | 11 | | (2) that the non-compliance was disclosed in writing | 12 | | within 30 days of
the date on which the person discovered | 13 | | it; | 14 | | (3) that the non-compliance was discovered and | 15 | | disclosed prior to: | 16 | | (i) the commencement of an Agency inspection, | 17 | | investigation, or request
for information; | 18 | | (ii) notice of a citizen suit; | 19 | | (iii) the filing of a complaint by a citizen, the | 20 | | Illinois Attorney
General, or the State's Attorney of | 21 | | the county in which the violation occurred; | 22 | | (iv) the reporting of the non-compliance by an | 23 | | employee of the person
without that person's | 24 | | knowledge; or | 25 | | (v) imminent discovery of the non-compliance by | 26 | | the Agency; |
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| 1 | | (4) that the non-compliance is being corrected and any | 2 | | environmental
harm is being remediated in a timely fashion; | 3 | | (5) that the person agrees to prevent a recurrence of | 4 | | the non-compliance; | 5 | | (6) that no related non-compliance events have | 6 | | occurred in the
past 3 years at the same facility or in the | 7 | | past 5 years as part of a
pattern at multiple facilities | 8 | | owned or operated by the person; | 9 | | (7) that the non-compliance did not result in serious | 10 | | actual
harm or present an imminent and substantial | 11 | | endangerment to human
health or the environment or violate | 12 | | the specific terms of any judicial or
administrative order | 13 | | or consent agreement; | 14 | | (8) that the person cooperates as reasonably requested | 15 | | by the Agency
after the disclosure; and | 16 | | (9) that the non-compliance was identified voluntarily | 17 | | and not through a
monitoring, sampling, or auditing | 18 | | procedure that is required by statute, rule,
permit, | 19 | | judicial or administrative order, or consent agreement. | 20 | | If a person can establish all of the elements under this | 21 | | subsection except
the element set forth in paragraph (1) of | 22 | | this subsection, the person is
entitled to a 75% reduction in | 23 | | the portion of the penalty that is not based
upon the economic | 24 | | benefit of non-compliance. | 25 | | (j) In addition to any other remedy or penalty that may
| 26 | | apply, whether civil or criminal, any person who violates |
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| 1 | | Section 22.52 of this Act shall be liable for an additional | 2 | | civil penalty of up to 3 times the gross amount of any | 3 | | pecuniary gain resulting from the violation.
| 4 | | (k) In addition to any other remedy or penalty that may | 5 | | apply, whether civil or criminal, any person who violates | 6 | | subdivision (a)(7.6) of Section 31 of this Act shall be liable | 7 | | for an additional civil penalty of $2,000. | 8 | | (Source: P.A. 97-519, eff. 8-23-11; 98-638, eff. 1-1-15 .)
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.
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