Full Text of SB1357 97th General Assembly
SB1357eng 97TH GENERAL ASSEMBLY |
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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 31 and 42 as follows:
| 6 | | (415 ILCS 5/31) (from Ch. 111 1/2, par. 1031)
| 7 | | Sec. 31. Notice; complaint; hearing.
| 8 | | (a)(1) Within 180 days after of becoming aware of an | 9 | | alleged violation of the
Act , or any rule adopted under the | 10 | | Act , or of a permit granted by the Agency , or
a condition | 11 | | of such a the permit, the Agency shall issue and serve, by | 12 | | certified mail,
upon the person complained against a | 13 | | written notice informing that person that
the Agency has | 14 | | evidence of the alleged violation. At a minimum, the | 15 | | written
notice shall contain:
| 16 | | (A) a notification to the person complained | 17 | | against of the requirement to
submit a written response | 18 | | addressing the violations alleged and the option to
| 19 | | meet with appropriate agency personnel to resolve any | 20 | | alleged violations that
could lead to the filing of a | 21 | | formal complaint;
| 22 | | (B) a detailed explanation by the Agency of the | 23 | | violations alleged;
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| 1 | | (C) an explanation by the Agency of the actions | 2 | | that the Agency
believes may resolve the alleged | 3 | | violations, including an estimate of a
reasonable time | 4 | | period for the person complained against to complete | 5 | | the
suggested resolution; and
| 6 | | (D) an explanation of any alleged violation that | 7 | | the Agency believes
cannot be resolved without the | 8 | | involvement of the Office of the Illinois
Attorney | 9 | | General or the State's Attorney of the county in which | 10 | | the alleged
violation occurred and the basis for the | 11 | | Agency's belief.
| 12 | | (2) A written response to the violations alleged shall | 13 | | be submitted to
the Agency, by certified mail, within 45 | 14 | | days after of receipt of notice by the
person complained | 15 | | against, unless the Agency agrees to an extension. The
| 16 | | written response shall include:
| 17 | | (A) information in rebuttal, explanation or | 18 | | justification of each
alleged violation;
| 19 | | (B) if the person complained against desires to | 20 | | enter into a Compliance Commitment Agreement, proposed | 21 | | terms for a proposed Compliance Commitment Agreement | 22 | | that includes specified
times for achieving each | 23 | | commitment and which may consist of a statement
| 24 | | indicating that the person complained against believes | 25 | | that compliance has
been achieved; and
| 26 | | (C) a request for a meeting with appropriate Agency |
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| 1 | | personnel if a
meeting is desired by the person | 2 | | complained against.
| 3 | | (3) If the person complained against fails to respond | 4 | | in accordance with
the requirements of subdivision (2) of | 5 | | this subsection (a), the failure to
respond shall be | 6 | | considered a waiver of the requirements of this subsection
| 7 | | (a) and nothing in this Section shall preclude the Agency | 8 | | from proceeding
pursuant to subsection (b) of this Section.
| 9 | | (4) A meeting requested pursuant to subdivision (2) of | 10 | | this subsection
(a) shall be held without a representative | 11 | | of the Office of the Illinois
Attorney General or the | 12 | | State's Attorney of the county in which the alleged
| 13 | | violation occurred, within 60 days after of receipt of | 14 | | notice by the person
complained against, unless the Agency | 15 | | agrees to a postponement. At the
meeting, the Agency shall | 16 | | provide an opportunity for the person complained
against to | 17 | | respond to each alleged violation, suggested resolution, | 18 | | and
suggested implementation time frame, and to suggest | 19 | | alternate resolutions.
| 20 | | (5) If a meeting requested pursuant to subdivision (2) | 21 | | of this subsection
(a) is held, the person complained | 22 | | against shall, within 21 days following the
meeting or | 23 | | within an extended time period as agreed to by the Agency, | 24 | | submit
by certified mail to the Agency a written response | 25 | | to the alleged violations.
The written response shall | 26 | | include:
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| 1 | | (A) additional information in rebuttal, | 2 | | explanation , or justification
of each alleged | 3 | | violation;
| 4 | | (B) if the person complained against desires to | 5 | | enter into a Compliance Commitment Agreement, proposed | 6 | | terms for a proposed Compliance Commitment Agreement | 7 | | that includes specified
times for achieving each | 8 | | commitment and which may consist of a statement
| 9 | | indicating that the person complained against believes | 10 | | that compliance has
been achieved; and
| 11 | | (C) a statement indicating that, should the person | 12 | | complained against
so wish, the person complained | 13 | | against chooses to rely upon the initial written
| 14 | | response submitted pursuant to subdivision (2) of this | 15 | | subsection (a).
| 16 | | (6) If the person complained against fails to respond | 17 | | in accordance with
the requirements of subdivision (5) of | 18 | | this subsection (a), the failure to
respond shall be | 19 | | considered a waiver of the requirements of this subsection | 20 | | (a)
and nothing in this Section shall preclude the Agency | 21 | | from proceeding pursuant
to subsection (b) of this Section.
| 22 | | (7) Within 30 days after of the Agency's receipt of a | 23 | | written response submitted
by the person complained | 24 | | against pursuant to subdivision (2) of this
subsection (a) , | 25 | | if a meeting is not requested , or pursuant to subdivision | 26 | | (5) of this
subsection (a) , if a meeting is held, or within |
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| 1 | | a later time period as agreed
to by the Agency and the | 2 | | person complained against, the Agency shall issue and
| 3 | | serve, by certified mail, upon the person complained | 4 | | against (i) a written notice
informing the person of its | 5 | | acceptance, rejection, or proposed modification to
the | 6 | | proposed Compliance Commitment Agreement or (ii) a notice | 7 | | that one or more violations cannot be resolved without the | 8 | | involvement of the Office of the Attorney General or the | 9 | | State's Attorney of the county in which the alleged | 10 | | violation occurred and that no proposed Compliance | 11 | | Commitment Agreement will be issued by the Agency for those | 12 | | violations. The Agency shall include terms and conditions | 13 | | in the proposed Compliance Commitment Agreement that are, | 14 | | in its discretion, necessary to bring the person complained | 15 | | against into compliance with the Act, any rule adopted | 16 | | under the Act, any permit granted by the Agency, or any | 17 | | condition of such a permit. The Agency shall take into | 18 | | consideration the proposed terms for the proposed | 19 | | Compliance Commitment Agreement that were provided under | 20 | | subdivision (a)(2)(B) or (a)(5)(B) of this Section by the | 21 | | person complained against as contained within the written
| 22 | | response .
| 23 | | (7.5) Within 30 days after the receipt of the Agency's | 24 | | proposed Compliance Commitment Agreement by the person | 25 | | complained against, the person shall either (i) agree to | 26 | | and sign the proposed Compliance Commitment Agreement |
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| 1 | | provided by the Agency and submit the signed Compliance | 2 | | Commitment Agreement to the Agency by certified mail or | 3 | | (ii) notify the Agency in writing by certified mail of the | 4 | | person's rejection of the proposed Compliance Commitment | 5 | | Agreement. If the person complained against fails to | 6 | | respond to the proposed Compliance Commitment Agreement | 7 | | within 30 days as required under this paragraph, the | 8 | | proposed Compliance Commitment Agreement is deemed | 9 | | rejected by operation of law. Any Compliance Commitment | 10 | | Agreement entered into under item (i) of this paragraph may | 11 | | be amended subsequently in writing by mutual agreement | 12 | | between the Agency and the signatory to the Compliance | 13 | | Commitment Agreement, the signatory's legal | 14 | | representative, or the signatory's agent. | 15 | | (7.6) No person shall violate the terms or conditions | 16 | | of a Compliance Commitment Agreement entered into under | 17 | | subdivision (a)(7.5) of this Section. However, | 18 | | notwithstanding any other provision of this Act to the | 19 | | contrary, a person may cure a violation of this subdivision | 20 | | (a)(7.6) by entering into a mutually agreed upon written | 21 | | amendment to a Compliance Commitment Agreement under | 22 | | subdivision (a)(7.5) of this Section. Successful | 23 | | completion of a Compliance Commitment Agreement or an | 24 | | amended Compliance Commitment Agreement shall be a factor | 25 | | to be weighed, in favor of the person completing the | 26 | | Agreement, by the Office of the Illinois Attorney General |
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| 1 | | in determining whether to file a complaint for the | 2 | | violations that were the subject of the Agreement.
| 3 | | (8) Nothing in this subsection (a) is intended to | 4 | | require the Agency to
enter into Compliance Commitment | 5 | | Agreements for any alleged violation that the
Agency | 6 | | believes cannot be resolved without the involvement of the | 7 | | Office of the
Attorney General or the State's Attorney of | 8 | | the county in which the alleged
violation occurred, for, | 9 | | among other purposes, the imposition of statutory
| 10 | | penalties.
| 11 | | (9) The Agency's failure to respond within 30 days to a | 12 | | written response submitted
pursuant to subdivision (2) of | 13 | | this subsection (a) , if a meeting is not
requested , or | 14 | | pursuant to subdivision (5) of this subsection (a) , if a | 15 | | meeting is held,
within 30 days, or within the time period | 16 | | otherwise agreed to in writing by
the Agency and the person | 17 | | complained against, shall be deemed an acceptance by
the | 18 | | Agency of the proposed terms of the Compliance Commitment | 19 | | Agreement for the violations
alleged in the written notice | 20 | | issued under subdivision (1) of this subsection
(a) as | 21 | | contained within the written response.
| 22 | | (10) If the person complained against complies with the | 23 | | terms of a
Compliance
Commitment Agreement accepted | 24 | | pursuant to this subsection (a), the Agency
shall not refer | 25 | | the alleged violations which are the subject of the | 26 | | Compliance
Commitment Agreement to the Office of the |
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| 1 | | Illinois Attorney General or the
State's Attorney of the | 2 | | county in which the alleged violation occurred.
However, | 3 | | nothing in this subsection is intended to preclude the | 4 | | Agency from
continuing negotiations with the person | 5 | | complained against or from proceeding
pursuant to the | 6 | | provisions of subsection (b) of this Section for alleged
| 7 | | violations that which remain the subject of disagreement | 8 | | between the Agency and the
person complained against | 9 | | following fulfillment of the requirements of this
| 10 | | subsection (a).
| 11 | | (11) Nothing in this subsection (a) is intended to | 12 | | preclude the person
complained against from submitting to | 13 | | the Agency, by certified mail, at any
time, notification | 14 | | that the person complained against consents to waiver of
| 15 | | the requirements of subsections (a) and (b) of this | 16 | | Section.
| 17 | | (12) The Agency shall have the authority to adopt rules | 18 | | for the administration of subsection (a) of this Section. | 19 | | The rules shall be adopted in accordance with the | 20 | | provisions of the Illinois Administrative Procedure Act. | 21 | | (b) For alleged violations that remain the subject of | 22 | | disagreement
between the Agency and the person complained | 23 | | against following fulfillment of
the requirements of | 24 | | subsection (a) of this Section, and for alleged violations of | 25 | | the terms or conditions of a Compliance Commitment Agreement | 26 | | entered into under subdivision (a)(7.5) of this Section as well |
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| 1 | | as the alleged violations that are the subject of the | 2 | | Compliance Commitment Agreement, and as a precondition to
the | 3 | | Agency's referral or request to the Office of the Illinois | 4 | | Attorney General
or the State's Attorney of the county in which | 5 | | the alleged violation occurred
for legal representation | 6 | | regarding an alleged violation that may be addressed
pursuant | 7 | | to subsection (c) or (d) of this Section or pursuant to Section | 8 | | 42 of
this Act, the Agency shall issue and serve, by certified | 9 | | mail, upon the person
complained against a written notice | 10 | | informing that person that the Agency
intends to pursue legal | 11 | | action. Such notice shall notify the person
complained against | 12 | | of the violations to be alleged and offer the person an
| 13 | | opportunity to meet with appropriate Agency personnel in an | 14 | | effort to resolve
any alleged violations that could lead to the | 15 | | filing of a formal complaint.
The meeting with Agency personnel | 16 | | shall be held within 30 days after of receipt of
notice served | 17 | | pursuant to this subsection upon the person complained against,
| 18 | | unless the Agency agrees to a postponement or the person | 19 | | notifies the Agency
that he or she will not appear at a meeting | 20 | | within the 30 - day time period.
Nothing in this subsection is | 21 | | intended to preclude the Agency from following
the provisions | 22 | | of subsection (c) or (d) of this Section or from requesting the
| 23 | | legal representation of the Office of the Illinois Attorney | 24 | | General or the
State's Attorney of the county in which the | 25 | | alleged violations occurred for
alleged violations which | 26 | | remain the subject of disagreement between the Agency
and the |
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| 1 | | person complained against after the provisions of this | 2 | | subsection are
fulfilled.
| 3 | | (c)(1) For alleged violations which remain the subject of | 4 | | disagreement
between the Agency and the person complained | 5 | | against following waiver , pursuant
to subdivision (10) of | 6 | | subsection (a) of this Section , or fulfillment of
the | 7 | | requirements of subsections (a) and (b) of this Section, | 8 | | the Office of the
Illinois Attorney General or the State's | 9 | | Attorney of the county in which the
alleged violation | 10 | | occurred shall issue and serve upon the person complained
| 11 | | against a written notice, together with a formal complaint, | 12 | | which shall
specify the provision of the Act , or the rule , | 13 | | or regulation , or permit , or term
or condition thereof | 14 | | under which such person is said to be in violation , and
a | 15 | | statement of the manner in , and the extent to which such | 16 | | person is said to
violate the Act , or such rule , or | 17 | | regulation , or permit , or term or condition
thereof and | 18 | | shall require the person so complained
against to answer | 19 | | the charges of such formal complaint at a hearing before
| 20 | | the Board at a time not less than 21 days after the date of | 21 | | notice by the
Board, except as provided in Section 34 of | 22 | | this Act. Such complaint shall
be accompanied by a | 23 | | notification to the defendant that financing may be
| 24 | | available, through the Illinois Environmental Facilities | 25 | | Financing Act, to
correct such violation. A copy of such | 26 | | notice of such
hearings shall also be sent to any person |
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| 1 | | that has complained to the
Agency respecting the respondent | 2 | | within the six months preceding the
date of the complaint, | 3 | | and to any person in the county in which the
offending | 4 | | activity occurred that has requested notice of enforcement
| 5 | | proceedings; 21 days notice of such hearings shall also be | 6 | | published in
a newspaper of general circulation in such | 7 | | county. The respondent may
file a written answer, and at | 8 | | such hearing the rules prescribed in
Sections 32 and 33 of | 9 | | this Act shall apply. In the case of actual or
threatened | 10 | | acts outside Illinois contributing to environmental damage | 11 | | in
Illinois, the extraterritorial service-of-process | 12 | | provisions of Sections
2-208 and 2-209 of the Code of Civil | 13 | | Procedure shall apply.
| 14 | | With respect to notices served pursuant to this | 15 | | subsection (c)(1) that which
involve hazardous material or | 16 | | wastes in any manner, the Agency shall
annually publish a | 17 | | list of all such notices served. The list shall include
the | 18 | | date the investigation commenced, the date notice was sent, | 19 | | the date
the matter was referred to the Attorney General, | 20 | | if applicable, and the
current status of the matter.
| 21 | | (2) Notwithstanding the provisions of subdivision (1) | 22 | | of this subsection
(c), whenever a complaint has been filed | 23 | | on behalf of the Agency or by the
People of the State of | 24 | | Illinois, the parties may file with the Board a
stipulation | 25 | | and proposal for settlement accompanied by a request for | 26 | | relief
from the requirement of a hearing pursuant to |
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| 1 | | subdivision (1). Unless the
Board, in its discretion, | 2 | | concludes that a hearing will be held, the Board
shall | 3 | | cause notice of the stipulation, proposal and request for | 4 | | relief to
be published and sent in the same manner as is | 5 | | required for hearing
pursuant to subdivision (1) of this | 6 | | subsection. The notice shall include a
statement that any | 7 | | person may file a written demand for hearing within 21
days | 8 | | after receiving the notice. If any person files a timely | 9 | | written
demand for hearing, the Board shall deny the | 10 | | request for relief from a
hearing and shall hold a hearing | 11 | | in accordance with the provisions of
subdivision (1).
| 12 | | (3) Notwithstanding the provisions of subdivision (1) | 13 | | of this subsection
(c), if the Agency becomes aware of a | 14 | | violation of this Act arising from, or
as a result of, | 15 | | voluntary pollution prevention activities, the Agency | 16 | | shall not
proceed with the written notice required by | 17 | | subsection (a) of this Section
unless:
| 18 | | (A) the person fails to take corrective action or | 19 | | eliminate the reported
violation within a reasonable | 20 | | time; or
| 21 | | (B) the Agency believes that the violation poses a | 22 | | substantial and
imminent danger to the public health or | 23 | | welfare or the environment. For the
purposes of this | 24 | | item (B), "substantial and imminent danger" means a | 25 | | danger
with a likelihood of serious or irreversible | 26 | | harm.
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| 1 | | (d)(1) Any person may file with the Board a complaint, | 2 | | meeting
the requirements of subsection (c) of this Section, | 3 | | against any person
allegedly violating this Act, any rule | 4 | | or regulation adopted under this
Act, any permit or term or | 5 | | condition of a permit, or any Board order. The complainant | 6 | | shall immediately serve a copy of such complaint
upon the | 7 | | person or persons named therein. Unless the Board | 8 | | determines that
such complaint is duplicative or | 9 | | frivolous, it shall schedule a hearing and
serve written | 10 | | notice thereof upon the person or persons named therein, in
| 11 | | accord with subsection (c) of this Section.
| 12 | | (2) Whenever a complaint has been filed by a person | 13 | | other than the
Attorney General or the State's Attorney, | 14 | | the parties may file with the Board
a stipulation and | 15 | | proposal for settlement accompanied by a request for relief
| 16 | | from the hearing requirement of subdivision (c)(1) of this | 17 | | Section. Unless
the Board, in its discretion, concludes | 18 | | that a hearing should be held, no
hearing on the | 19 | | stipulation and proposal for settlement is required.
| 20 | | (e) In hearings before the Board under this Title the | 21 | | burden shall
be on the Agency or other complainant to show | 22 | | either that the respondent
has caused or threatened to cause | 23 | | air or water pollution or that the
respondent has violated or | 24 | | threatens to violate any provision of this
Act or any rule or | 25 | | regulation of the Board or permit or term or
condition thereof. | 26 | | If such proof has been made, the burden shall be on
the |
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| 1 | | respondent to show that compliance with the Board's regulations
| 2 | | would impose an arbitrary or unreasonable hardship.
| 3 | | (f) The provisions of this Section shall not apply to | 4 | | administrative
citation actions commenced under Section 31.1 | 5 | | of this Act.
| 6 | | (Source: P.A. 92-574, eff. 6-26-02; 93-152, eff. 7-10-03.)
| 7 | | (415 ILCS 5/42) (from Ch. 111 1/2, par. 1042) | 8 | | Sec. 42. Civil penalties. | 9 | | (a) Except as provided in this Section, any person that | 10 | | violates any
provision of this Act or any regulation adopted by | 11 | | the Board, or any permit
or term or condition thereof, or that | 12 | | violates any order of the Board pursuant
to this Act, shall be | 13 | | liable for a civil penalty of not to exceed
$50,000 for the | 14 | | violation and an additional civil penalty of not to exceed
| 15 | | $10,000 for each day during which the violation continues; such | 16 | | penalties may,
upon order of the Board or a court of competent | 17 | | jurisdiction, be made payable
to the Environmental Protection | 18 | | Trust Fund, to be used in accordance with the
provisions of the | 19 | | Environmental Protection Trust Fund Act. | 20 | | (b) Notwithstanding the provisions of subsection (a) of | 21 | | this Section: | 22 | | (1) Any person that violates Section 12(f) of this Act | 23 | | or any
NPDES permit or term or condition thereof, or any | 24 | | filing requirement,
regulation or order relating to the | 25 | | NPDES permit program, shall be liable
to a civil penalty of |
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| 1 | | not to exceed $10,000 per day of violation. | 2 | | (2) Any person that violates Section 12(g) of this Act | 3 | | or any UIC permit
or term or condition thereof, or any | 4 | | filing requirement, regulation or order
relating to the | 5 | | State UIC program for all wells, except Class II wells as
| 6 | | defined by the Board under this Act, shall be liable to a | 7 | | civil penalty
not to exceed $2,500 per day of violation; | 8 | | provided, however, that any person
who commits such | 9 | | violations relating to the State UIC program for Class
II | 10 | | wells, as defined by the Board under this Act, shall be | 11 | | liable to a civil
penalty of not to exceed $10,000 for the | 12 | | violation and an additional civil
penalty of not to exceed | 13 | | $1,000 for each day during which the violation
continues. | 14 | | (3) Any person that violates Sections 21(f), 21(g), | 15 | | 21(h) or 21(i) of
this Act, or any RCRA permit or term or | 16 | | condition thereof, or any filing
requirement, regulation | 17 | | or order relating to the State RCRA program, shall
be | 18 | | liable to a civil penalty of not to exceed $25,000 per day | 19 | | of violation. | 20 | | (4)
In an administrative citation action under Section | 21 | | 31.1 of this Act,
any person found to have violated any | 22 | | provision of subsection (o) of
Section 21 of this Act shall | 23 | | pay a civil penalty of $500 for each
violation of each such | 24 | | provision, plus any hearing costs incurred by the Board
and | 25 | | the Agency. Such penalties shall be made payable to the | 26 | | Environmental
Protection Trust Fund, to be used in |
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| 1 | | accordance with the provisions of the
Environmental | 2 | | Protection Trust Fund Act; except that if a unit of local
| 3 | | government issued the administrative citation, 50% of the | 4 | | civil penalty shall
be payable to the unit of local | 5 | | government. | 6 | | (4-5) In an administrative citation action under | 7 | | Section 31.1 of this
Act, any person found to have violated | 8 | | any
provision of subsection (p) of
Section 21, Section | 9 | | 22.51, Section 22.51a, or subsection (k) of Section 55 of | 10 | | this Act shall pay a civil penalty of $1,500 for each | 11 | | violation
of
each such provision, plus any hearing costs | 12 | | incurred by the Board and the
Agency, except that the civil | 13 | | penalty amount shall be $3,000 for
each violation of any | 14 | | provision of subsection (p) of Section 21, Section 22.51, | 15 | | Section 22.51a, or subsection (k) of Section 55 that is the
| 16 | | person's second or subsequent adjudication violation of | 17 | | that
provision. The penalties shall be deposited into the
| 18 | | Environmental Protection Trust Fund, to be used in | 19 | | accordance with the
provisions of the Environmental | 20 | | Protection Trust Fund Act; except that if a
unit of local | 21 | | government issued the administrative citation, 50% of the | 22 | | civil
penalty shall be payable to the unit of local | 23 | | government. | 24 | | (5) Any person who violates subsection 6 of Section | 25 | | 39.5 of this Act
or any CAAPP permit, or term or condition | 26 | | thereof, or any fee or filing
requirement, or any duty to |
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| 1 | | allow or carry out inspection, entry or
monitoring | 2 | | activities, or any regulation or order relating to the | 3 | | CAAPP
shall be liable for a civil penalty not to exceed | 4 | | $10,000 per day of violation. | 5 | | (6) Any owner or operator of a community water system | 6 | | that violates subsection (b) of Section 18.1 or subsection | 7 | | (a) of Section 25d-3 of this Act shall, for each day of | 8 | | violation, be liable for a civil penalty not to exceed $5 | 9 | | for each of the premises connected to the affected | 10 | | community water system. | 11 | | (b.5) In lieu of the penalties set forth in subsections (a) | 12 | | and (b) of
this Section, any person who fails to file, in a | 13 | | timely manner, toxic
chemical release forms with the Agency | 14 | | pursuant to Section 25b-2
of this Act
shall be liable for a | 15 | | civil penalty of $100 per day for
each day the forms are
late, | 16 | | not to exceed a maximum total penalty of $6,000. This daily | 17 | | penalty
shall begin accruing on the thirty-first day after the
| 18 | | date that the person receives the warning notice issued by the | 19 | | Agency pursuant
to Section 25b-6 of this Act; and the penalty | 20 | | shall be paid to the Agency. The
daily accrual of penalties | 21 | | shall cease as of January 1 of the following year.
All | 22 | | penalties collected by the Agency pursuant to this subsection | 23 | | shall be
deposited into the Environmental Protection Permit and | 24 | | Inspection Fund. | 25 | | (c) Any person that violates this Act, any rule or | 26 | | regulation adopted under
this Act, any permit or term or |
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| 1 | | condition of a permit, or any Board order and
causes the death | 2 | | of fish
or aquatic life shall, in addition to the other | 3 | | penalties provided by
this Act, be liable to pay to the State | 4 | | an additional sum for the
reasonable value of the fish or | 5 | | aquatic life destroyed. Any money so
recovered shall be placed | 6 | | in the Wildlife and Fish Fund in the State
Treasury. | 7 | | (d) The penalties provided for in this Section may be | 8 | | recovered in a
civil action. | 9 | | (e) The State's Attorney of the county in which the | 10 | | violation
occurred, or the Attorney General, may, at the | 11 | | request of the Agency or
on his own motion, institute a civil | 12 | | action for an injunction, prohibitory or mandatory, to
restrain | 13 | | violations of this Act, any rule or regulation adopted under | 14 | | this Act,
any permit or term or condition of a permit, or any | 15 | | Board order, or to require such other actions as may be | 16 | | necessary to address violations of this Act, any rule or | 17 | | regulation adopted under this Act, any permit or term or | 18 | | condition of a permit, or any Board order. | 19 | | (f) The State's Attorney of the county in which the | 20 | | violation
occurred, or the Attorney General, shall bring such | 21 | | actions in the name
of the people of the State of Illinois.
| 22 | | Without limiting any other authority which may exist for the | 23 | | awarding
of attorney's fees and costs, the Board or a court of | 24 | | competent
jurisdiction may award costs and reasonable | 25 | | attorney's fees, including the
reasonable costs of expert | 26 | | witnesses and consultants, to the State's
Attorney or the |
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| 1 | | Attorney General in a case where he has prevailed against a
| 2 | | person who has committed a wilful, knowing or repeated | 3 | | violation of this Act,
any rule or regulation adopted under | 4 | | this Act, any permit or term or condition
of a permit, or any | 5 | | Board order. | 6 | | Any funds collected under this subsection (f) in which the | 7 | | Attorney
General has prevailed shall be deposited in the
| 8 | | Hazardous Waste Fund created in Section 22.2 of this Act. Any | 9 | | funds
collected under this subsection (f) in which a State's | 10 | | Attorney has
prevailed shall be retained by the county in which | 11 | | he serves. | 12 | | (g) All final orders imposing civil penalties pursuant to | 13 | | this Section
shall prescribe the time for payment of such | 14 | | penalties. If any such
penalty is not paid within the time | 15 | | prescribed, interest on such penalty
at the rate set forth in | 16 | | subsection (a) of Section 1003 of the Illinois Income
Tax Act, | 17 | | shall be paid for the period from the date payment is due until | 18 | | the
date payment is received. However, if the time for payment | 19 | | is stayed during
the pendency of an appeal, interest shall not | 20 | | accrue during such stay. | 21 | | (h) In determining the appropriate civil penalty to be | 22 | | imposed under
subdivisions (a), (b)(1), (b)(2), (b)(3), or | 23 | | (b)(5) of this
Section, the Board is authorized to consider any | 24 | | matters of record in
mitigation or aggravation of penalty, | 25 | | including but not limited to the
following factors: | 26 | | (1) the duration and gravity of the violation; |
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| 1 | | (2) the presence or absence of due diligence on the | 2 | | part of the
respondent in attempting to comply with | 3 | | requirements of this
Act and regulations thereunder or to | 4 | | secure relief therefrom as provided by
this Act; | 5 | | (3) any economic benefits accrued by the respondent
| 6 | | because of delay in compliance with requirements, in which | 7 | | case the economic
benefits shall be determined by the | 8 | | lowest cost alternative for achieving
compliance; | 9 | | (4) the amount of monetary penalty which will serve to | 10 | | deter further
violations by the respondent and to otherwise | 11 | | aid in enhancing
voluntary
compliance with this Act by the | 12 | | respondent and other persons
similarly
subject to the Act; | 13 | | (5) the number, proximity in time, and gravity of | 14 | | previously
adjudicated violations of this Act by the | 15 | | respondent; | 16 | | (6) whether the respondent voluntarily self-disclosed, | 17 | | in accordance
with subsection (i) of this Section, the | 18 | | non-compliance to the Agency; and | 19 | | (7) whether the respondent has agreed to undertake a | 20 | | "supplemental
environmental project," which means an | 21 | | environmentally beneficial project that
a respondent | 22 | | agrees to undertake in settlement of an enforcement action | 23 | | brought
under this Act, but which the respondent is not | 24 | | otherwise legally required to
perform ; and . | 25 | | (8) whether the respondent has successfully completed | 26 | | a Compliance Commitment Agreement under subsection (a) of |
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| 1 | | Section 31 of this Act to remedy the violations that are | 2 | | the subject of the complaint. | 3 | | In determining the appropriate civil penalty to be imposed | 4 | | under subsection
(a) or paragraph (1), (2), (3), or (5) of | 5 | | subsection (b) of this Section, the
Board shall ensure, in all | 6 | | cases, that the penalty is at least as great as the
economic | 7 | | benefits, if any, accrued by the respondent as a result of the
| 8 | | violation, unless the Board finds that imposition of such | 9 | | penalty would result
in an arbitrary or unreasonable financial | 10 | | hardship. However, such civil
penalty
may be off-set in whole | 11 | | or in part pursuant to a supplemental
environmental project | 12 | | agreed to by the complainant and the respondent. | 13 | | (i) A person who voluntarily self-discloses non-compliance | 14 | | to the Agency,
of which the Agency had been unaware, is | 15 | | entitled to a 100% reduction in the
portion of the penalty that | 16 | | is not based on the economic benefit of
non-compliance if the | 17 | | person can
establish the following: | 18 | | (1) that the non-compliance was discovered through an | 19 | | environmental
audit or a compliance management system | 20 | | documented by the regulated entity as
reflecting the | 21 | | regulated entity's due diligence in preventing, detecting, | 22 | | and
correcting violations; | 23 | | (2) that the non-compliance was disclosed in writing | 24 | | within 30 days of
the date on which the person discovered | 25 | | it; | 26 | | (3) that the non-compliance was discovered and |
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| 1 | | disclosed prior to: | 2 | | (i) the commencement of an Agency inspection, | 3 | | investigation, or request
for information; | 4 | | (ii) notice of a citizen suit; | 5 | | (iii) the filing of a complaint by a citizen, the | 6 | | Illinois Attorney
General, or the State's Attorney of | 7 | | the county in which the violation occurred; | 8 | | (iv) the reporting of the non-compliance by an | 9 | | employee of the person
without that person's | 10 | | knowledge; or | 11 | | (v) imminent discovery of the non-compliance by | 12 | | the Agency; | 13 | | (4) that the non-compliance is being corrected and any | 14 | | environmental
harm is being remediated in a timely fashion; | 15 | | (5) that the person agrees to prevent a recurrence of | 16 | | the non-compliance; | 17 | | (6) that no related non-compliance events have | 18 | | occurred in the
past 3 years at the same facility or in the | 19 | | past 5 years as part of a
pattern at multiple facilities | 20 | | owned or operated by the person; | 21 | | (7) that the non-compliance did not result in serious | 22 | | actual
harm or present an imminent and substantial | 23 | | endangerment to human
health or the environment or violate | 24 | | the specific terms of any judicial or
administrative order | 25 | | or consent agreement; | 26 | | (8) that the person cooperates as reasonably requested |
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| 1 | | by the Agency
after the disclosure; and | 2 | | (9) that the non-compliance was identified voluntarily | 3 | | and not through a
monitoring, sampling, or auditing | 4 | | procedure that is required by statute, rule,
permit, | 5 | | judicial or administrative order, or consent agreement. | 6 | | If a person can establish all of the elements under this | 7 | | subsection except
the element set forth in paragraph (1) of | 8 | | this subsection, the person is
entitled to a 75% reduction in | 9 | | the portion of the penalty that is not based
upon the economic | 10 | | benefit of non-compliance. | 11 | | (j) In addition to any an other remedy or penalty that may
| 12 | | apply, whether civil or criminal, any person who violates | 13 | | Section 22.52 of this Act shall be liable for an additional | 14 | | civil penalty of up to 3 times the gross amount of any | 15 | | pecuniary gain resulting from the violation.
| 16 | | (k) In addition to any other remedy or penalty that may | 17 | | apply, whether civil or criminal, any person who violates | 18 | | subdivision (a)(7.6) of Section 31 of this Act shall be liable | 19 | | for an additional civil penalty of $3,000. | 20 | | (Source: P.A. 95-331, eff. 8-21-07; 96-603, eff. 8-24-09; | 21 | | 96-737, eff. 8-25-09; 96-1000, eff. 7-2-10; 96-1416, eff. | 22 | | 7-30-10.)
| 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law.
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