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(430 ILCS 30/11) (from Ch. 95 1/2, par. 700-11)
Sec. 11.
Any person who is determined by the Department after
reasonable notice and opportunity for a fair and impartial hearing to
have knowingly committed an act that is a violation of this Act or any
rule or regulation issued under this Act is liable to the State for a
civil penalty. Whoever knowingly commits an act that is a violation of
any rule or regulation applicable to any person who transports or ships
or causes to be transported or shipped hazardous materials is subject to
a civil penalty of not more than $10,000 for such violation and, if any
such violation is a continuing one, each day of violation constitutes a
separate offense. The amount of any such penalty shall be assessed by
the Department by a written notice. In determining the amount of such
penalty, the Department shall take into account the nature,
circumstances, extent and gravity of the violation and, with respect to
a person found to have committed such violation, the degree of
culpability, history of prior offenses, ability to pay, effect on
ability to continue to do business and such other matters as justice may
require.
Such civil penalty is recoverable in an action brought by the State's
Attorney or the Attorney General on behalf of the State in the circuit
court or, prior to referral to the State's Attorney or the Attorney
General, such civil penalty may be compromised by the Department. The
amount of such penalty when finally determined (or agreed upon in
compromise), may be deducted from any sums owed by the State to the
person charged. All civil penalties collected under this Section shall
be deposited in the Road Fund.
(Source: P.A. 80-351.)
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