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90_HB0470
415 ILCS 5/9 from Ch. 111 1/2, par. 1009
415 ILCS 5/10 from Ch. 111 1/2, par. 1010
415 ILCS 5/42 from Ch. 111 1/2, par. 1042
Amends the Environmental Protection Act to require the
Pollution Control Board to adopt rules by September 1, 1998
prohibiting the open burning of landscape waste in areas of
the State classified as moderate, serious, severe, or extreme
non-attainment areas for ozone or areas designated as
affected counties under the Vehicle Emissions Inspection Law
of 1995. Preempts certain home rule powers.
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LRB9002199DPcc
1 AN ACT to amend the Environmental Protection Act by
2 changing Sections 9, 10, and 42.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Environmental Protection Act is amended by
6 changing Sections 9, 10, and 42 as follows:
7 (415 ILCS 5/9) (from Ch. 111 1/2, par. 1009)
8 Sec. 9. Acts prohibited. No person shall:
9 (a) Cause or threaten or allow the discharge or emission
10 of any contaminant into the environment in any State so as to
11 cause or tend to cause air pollution in Illinois, either
12 alone or in combination with contaminants from other sources,
13 or so as to violate regulations or standards adopted by the
14 Board under this Act;
15 (b) Construct, install, or operate any equipment,
16 facility, vehicle, vessel, or aircraft capable of causing or
17 contributing to air pollution or designed to prevent air
18 pollution, of any type designated by Board regulations,
19 without a permit granted by the Agency, or in violation of
20 any conditions imposed by such permit;
21 (c) Cause or allow the open burning of refuse, conduct
22 any salvage operation by open burning, or cause or allow the
23 burning of any refuse in any chamber not specifically
24 designed for the purpose and approved by the Agency pursuant
25 to regulations adopted by the Board under this Act; except
26 that the Board may adopt regulations permitting open burning
27 of refuse in certain cases upon a finding that no harm will
28 result from such burning, or that any alternative method of
29 disposing of such refuse would create a safety hazard so
30 extreme as to justify the pollution that would result from
31 such burning;
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1 (d) Sell, offer, or use any fuel or other article in any
2 areas in which the Board may by regulation forbid its sale,
3 offer, or use for reasons of air pollution air-pollution
4 control;
5 (e) Use, cause or allow the spraying of loose asbestos
6 for the purpose of fireproofing or insulating any building or
7 building material or other constructions, or otherwise use
8 asbestos in such unconfined manner as to permit asbestos
9 fibers or particles to pollute the air;
10 (f) Commencing July 1, 1985, sell any used oil for
11 burning or incineration in any incinerator, boiler, furnace,
12 burner or other equipment unless such oil meets standards
13 based on virgin fuel oil or re-refined oil, as defined in
14 ASTM D-396 or specifications under VV-F-815C promulgated
15 pursuant to the federal Energy Policy and Conservation Act,
16 and meets the manufacturer's and current NFDA code standards
17 for which such incinerator, boiler, furnace, burner or other
18 equipment was approved, except that this prohibition does not
19 apply to a sale to a permitted used oil re-refining or
20 reprocessing facility or sale to a facility permitted by the
21 Agency to burn or incinerate such oil.
22 Nothing herein shall limit the effect of any section of
23 this Title with respect to any form of asbestos, or the
24 spraying of any form of asbestos, or limit the power of the
25 Board under this Title to adopt additional and further
26 regulations with respect to any form of asbestos, or the
27 spraying of any form of asbestos.
28 This Section shall not limit the burning of landscape
29 waste upon the premises where it is produced or at sites
30 provided and supervised by any unit of local government,
31 except within any county having a population of more than
32 400,000. Nothing in this Section shall prohibit the burning
33 of landscape waste for agricultural purposes, habitat
34 management (including but not limited to forest and prairie
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1 reclamation), or firefighter training. For the purposes of
2 this Act, the burning of landscape waste by production
3 nurseries shall be considered to be burning for agricultural
4 purposes.
5 Any grain elevator located outside of a major population
6 area, as defined in Section 211.3610 of Title 35 of the
7 Illinois Administrative Code, shall be exempt from the
8 requirements of Section 212.462 of Title 35 of the Illinois
9 Administrative Code provided that the elevator: (1) does not
10 violate the prohibitions of subsection (a) of this Section or
11 have a certified investigation, as defined in Section 211.970
12 of Title 35 of the Illinois Administrative Code, on file with
13 the Agency and (2) is not required to obtain a Clean Air Act
14 Permit Program permit pursuant to Section 39.5.
15 Notwithstanding the above exemption, new stationary source
16 performance standards for grain elevators, established
17 pursuant to Section 9.1 of this Act and Section 111 of the
18 federal Clean Air Act, shall continue to apply to grain
19 elevators.
20 (Source: P.A. 88-488; 89-328, eff. 8-17-95; 89-491, eff.
21 6-21-96.)
22 (415 ILCS 5/10) (from Ch. 111 1/2, par. 1010)
23 Sec. 10. Rules Regulations.
24 (A) The Board, pursuant to procedures prescribed in
25 Title VII of this Act, may adopt regulations to promote the
26 purposes of this Title. Without limiting the generality of
27 this authority, such regulations may among other things
28 prescribe:
29 (a) Ambient air quality standards specifying the
30 maximum permissible short-term and long-term
31 concentrations of various contaminants in the atmosphere;
32 (b) Emission standards specifying the maximum
33 amounts or concentrations of various contaminants that
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1 may be discharged into the atmosphere;
2 (c) Standards for the issuance of permits for
3 construction, installation, or operation of any
4 equipment, facility, vehicle, vessel, or aircraft capable
5 of causing or contributing to air pollution or designed
6 to prevent air pollution;
7 (d) Standards and conditions regarding the sale,
8 offer, or use of any fuel, vehicle, or other article
9 determined by the Board to constitute an air pollution
10 air-pollution hazard;
11 (e) Alert and abatement standards relative to air
12 pollution air-pollution episodes or emergencies
13 constituting an acute danger to health or to the
14 environment;
15 (f) Requirements and procedures for the inspection
16 of any equipment, facility, vehicle, vessel, or aircraft
17 that may cause or contribute to air pollution;
18 (g) Requirements and standards for equipment and
19 procedures for monitoring contaminant discharges at their
20 sources, the collection of samples and the collection,
21 reporting and retention of data resulting from such
22 monitoring.
23 (B) The Board shall adopt sulfur dioxide regulations and
24 emission standards for existing fuel combustion stationary
25 emission sources located in all areas of the State of
26 Illinois, except the Chicago, St. Louis (Illinois) and Peoria
27 major metropolitan areas, in accordance with the following
28 requirements:
29 (1) Such regulations shall not be more restrictive
30 than necessary to attain and maintain the "Primary
31 National Ambient Air Quality Standards for Sulfur
32 Dioxide" and within a reasonable time attain and maintain
33 the "Secondary National Ambient Air Quality Standards for
34 Sulfur Dioxide."
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1 (2) Such regulations shall be based upon ambient
2 air quality monitoring data insofar as possible,
3 consistent with regulations of the United States
4 Environmental Protection Agency. To the extent that air
5 quality modeling techniques are used for setting
6 standards, such techniques shall be fully described and
7 documented in the record of the Board's rulemaking
8 proceeding.
9 (3) Such regulations shall provide a mechanism for
10 the establishment of emission standards applicable to a
11 specific site as an alternative to a more restrictive
12 general emission standard. The Board shall delegate
13 authority to the Agency to determine such specific site
14 emission standards, pursuant to regulations adopted by
15 the Board.
16 (4) Such regulations and standards shall allow all
17 available alternative air quality control methods
18 consistent with federal law and regulations.
19 (C) (1) No later than September 1, 1998, The Board may
20 not adopt any regulation banning the burning of landscape
21 waste throughout the State generally. the Board shall
22 may, by rule, regulation, restrict or prohibit the open
23 burning of landscape waste within any geographical area
24 of the State (i) that is classified as a moderate,
25 serious, severe, or extreme non-attainment area for ozone
26 under Section 181 of the federal Clean Air Act or (ii)
27 that is within an affected county as defined by the
28 Vehicle Emissions Inspection Law of 1995. Units of local
29 government that have, prior to the effective date of
30 those rules, adopted ordinances or regulations
31 prohibiting the open burning of landscape waste are
32 exempt from the rules adopted by the Board.
33 (2) The Board may also adopt rules prohibiting the
34 open burning of landscape waste in other geographical
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1 areas of the State if it determines based on medical and
2 biological evidence generally accepted by the scientific
3 community that such burning will produce in the
4 atmosphere of that geographical area contaminants in
5 sufficient quantities and of such characteristics and
6 duration as to be injurious to human humans, plant, or
7 animal life, or health.
8 (3) Nothing in this Section shall be construed to
9 prohibit the open burning of landscape waste for
10 agricultural purposes (including but not limited to the
11 open burning of landscape waste by production nurseries),
12 habitat management purposes (including but not limited to
13 forest and prairie reclamation), or firefighter training
14 purposes.
15 (4) A home rule unit may not regulate the open
16 burning of landscape waste in a manner inconsistent with
17 the regulation of open burning of landscape waste by the
18 State under this Section, unless the home rule unit has,
19 prior to the effective date of rules adopted by the Board
20 under subdivision (1), adopted ordinances or regulations
21 prohibiting the open burning of landscape waste. This
22 Section is a limitation under subsection (i) of Section 6
23 of Article VII of the Illinois Constitution on the
24 concurrent exercise by home rule units of powers and
25 functions exercised by the State.
26 (D) The Board shall adopt regulations requiring the
27 owner or operator of a gasoline dispensing system that
28 dispenses more than 10,000 gallons of gasoline per month to
29 install and operate a system for the recovery of gasoline
30 vapor emissions arising from the fueling of motor vehicles
31 that meets the requirements of Section 182 of the federal
32 Clean Air Act (42 USC 7511a). These regulations shall apply
33 only in areas of the State that are classified as moderate,
34 serious, severe or extreme nonattainment areas for ozone
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1 pursuant to Section 181 of the federal Clean Air Act (42 USC
2 7511), but shall not apply in such areas classified as
3 moderate nonattainment areas for ozone if the Administrator
4 of the U.S. Environmental Protection Agency promulgates
5 standards for vehicle-based (onboard) systems for the control
6 of vehicle refueling emissions pursuant to Section 202(a)(6)
7 of the federal Clean Air Act (42 USC 7521(a)(6)) by November
8 15, 1992.
9 (E) The Board shall not adopt or enforce any regulation
10 requiring the use of a tarpaulin or other covering on a
11 truck, trailer, or other vehicle that is stricter than the
12 requirements of Section 15-109.1 of the Illinois Vehicle
13 Code. To the extent that it is in conflict with this
14 subsection, the Board's rule codified as 35 Ill. Admin. Code,
15 Section 212.315 is hereby superseded.
16 (F) Any person who prior to June 8, 1988, has filed a
17 timely Notice of Intent to Petition for an Adjusted RACT
18 Emissions Limitation and who subsequently timely files a
19 completed petition for an adjusted RACT emissions limitation
20 pursuant to 35 Ill. Adm. Code, Part 215, Subpart I, shall be
21 subject to the procedures contained in Subpart I but shall be
22 excluded by operation of law from 35 Ill. Adm. Code, Part
23 215, Subparts PP, QQ and RR, including the applicable
24 definitions in 35 Ill. Adm. Code, Part 211. Such persons
25 shall instead be subject to a separate regulation which the
26 Board is hereby authorized to adopt pursuant to the adjusted
27 RACT emissions limitation procedure in 35 Ill. Adm. Code,
28 Part 215, Subpart I. In its final action on the petition,
29 the Board shall create a separate rule which establishes
30 Reasonably Available Control Technology (RACT) for such
31 person. The purpose of this procedure is to create separate
32 and independent regulations for purposes of SIP submittal,
33 review, and approval by USEPA.
34 (G) Subpart FF of Subtitle B, Title 35 Ill. Adm. Code,
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1 Sections 218.720 through 218.730 and Sections 219.720 through
2 219.730, are hereby repealed by operation of law and are
3 rendered null and void and of no force and effect.
4 (Source: P.A. 88-381; 89-79, eff. 6-30-95.)
5 (415 ILCS 5/42) (from Ch. 111 1/2, par. 1042)
6 Sec. 42. Civil penalties.
7 (a) Except as provided in this Section, any person that
8 violates any provision of this Act or any regulation adopted
9 by the Board, or any permit or term or condition thereof, or
10 that violates any determination or order of the Board
11 pursuant to this Act, shall be liable to a civil penalty of
12 not to exceed $50,000 for the violation and an additional
13 civil penalty of not to exceed $10,000 for each day during
14 which the violation continues; such penalties may, upon order
15 of the Board or a court of competent jurisdiction, be made
16 payable to the Environmental Protection Trust Fund, to be
17 used in accordance with the provisions of the Environmental
18 Protection Trust Fund Act.
19 (b) Notwithstanding the provisions of subsection (a) of
20 this Section:
21 (1) Any person that violates Section 12(f) of this
22 Act or any NPDES permit or term or condition thereof, or
23 any filing requirement, regulation or order relating to
24 the NPDES permit program, shall be liable to a civil
25 penalty of not to exceed $10,000 per day of violation.
26 (2) Any person that violates Section 12(g) of this
27 Act or any UIC permit or term or condition thereof, or
28 any filing requirement, regulation or order relating to
29 the State UIC program for all wells, except Class II
30 wells as defined by the Board under this Act, shall be
31 liable to a civil penalty not to exceed $2,500 per day of
32 violation; provided, however, that any person who commits
33 such violations relating to the State UIC program for
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1 Class II wells, as defined by the Board under this Act,
2 shall be liable to a civil penalty of not to exceed
3 $10,000 for the violation and an additional civil penalty
4 of not to exceed $1,000 for each day during which the
5 violation continues.
6 (3) Any person that violates Sections 21(f), 21(g),
7 21(h) or 21(i) of this Act, or any RCRA permit or term or
8 condition thereof, or any filing requirement, regulation
9 or order relating to the State RCRA program, shall be
10 liable to a civil penalty of not to exceed $25,000 per
11 day of violation.
12 (4) In an administrative citation action under
13 Section 31.1 of this Act, any person found to have
14 violated any provision of subsection (o) or (p) of
15 Section 21 of this Act shall pay a civil penalty of $500
16 for each violation of each such provision, plus any
17 hearing costs incurred by the Board and the Agency. Such
18 penalties shall be made payable to the Environmental
19 Protection Trust Fund, to be used in accordance with the
20 provisions of the Environmental Protection Trust Fund
21 Act; except that if a unit of local government issued the
22 administrative citation, 50% of the civil penalty shall
23 be payable to the unit of local government.
24 (5) Any person who violates subsection 6 of Section
25 39.5 of this Act or any CAAPP permit, or term or
26 condition thereof, or any fee or filing requirement, or
27 any duty to allow or carry out inspection, entry or
28 monitoring activities, or any regulation or order
29 relating to the CAAPP shall be liable for a civil penalty
30 not to exceed $10,000 per day of violation.
31 (6) A person who violates subsection (C) of Section
32 10 of this Act or a rule adopted by the Board under that
33 subsection shall pay a civil penalty of $50 for a first
34 violation, $100 for a second violation, and $500 for a
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1 third or subsequent violation. Where such actions are
2 brought before the Board, penalties shall be payable to
3 the Environmental Protection Trust Fund, to be used in
4 accordance with the provisions of the Environmental
5 Protection Trust Fund Act. Where such actions are
6 brought before the circuit court, penalties shall be
7 payable to the county in which the violation occurred.
8 (b.5) In lieu of the penalties set forth in subsections
9 (a) and (b) of this Section, any person who fails to file, in
10 a timely manner, a toxic chemical release form with the
11 Agency pursuant to Section 25b-2 of this Act shall be liable
12 for a civil penalty of $100 per day for each day the form is
13 late. This daily penalty shall begin accruing on the
14 thirty-first day after the date that the person receives the
15 warning notice issued by the Agency pursuant to Section 25b-6
16 of this Act; and the penalty shall be paid to the Agency. The
17 daily accrual of penalties shall cease as of January 1 of the
18 following year. All penalties collected by the Agency
19 pursuant to this subsection shall be deposited into the
20 Environmental Protection Permit and Inspection Fund.
21 (c) Any person that violates this Act, or an order or
22 other determination of the Board under this Act and causes
23 the death of fish or aquatic life shall, in addition to the
24 other penalties provided by this Act, be liable to pay to the
25 State an additional sum for the reasonable value of the fish
26 or aquatic life destroyed. Any money so recovered shall be
27 placed in the Wildlife and Fish Fund in the State Treasury.
28 (d) The penalties provided for in this Section may be
29 recovered in a civil action.
30 (e) The State's Attorney of the county in which the
31 violation occurred, or the Attorney General, may, at the
32 request of the Agency or on his own motion, institute a civil
33 action for an injunction to restrain violations of this Act.
34 (f) The State's Attorney of the county in which the
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1 violation occurred, or the Attorney General, shall bring such
2 actions in the name of the people of the State of Illinois.
3 Without limiting any other authority which may exist for the
4 awarding of attorney's fees and costs, the Board or a court
5 of competent jurisdiction may award costs and reasonable
6 attorney's fees, including the reasonable costs of expert
7 witnesses and consultants, to the State's Attorney or the
8 Attorney General in a case where he has prevailed against a
9 person who has committed a wilful, knowing or repeated
10 violation of the Act.
11 Any funds collected under this subsection (f) in which
12 the Attorney General has prevailed shall be deposited in the
13 Hazardous Waste Fund created in Section 22.2 of this Act. Any
14 funds collected under this subsection (f) in which a State's
15 Attorney has prevailed shall be retained by the county in
16 which he serves.
17 (g) All final orders imposing civil penalties pursuant
18 to this Section shall prescribe the time for payment of such
19 penalties. If any such penalty is not paid within the time
20 prescribed, interest on such penalty at the rate set forth in
21 subsection (a) of Section 1003 of the Illinois Income Tax
22 Act, shall be paid for the period from the date payment is
23 due until the date payment is received. However, if the time
24 for payment is stayed during the pendency of an appeal,
25 interest shall not accrue during such stay.
26 (h) In determining the appropriate civil penalty to be
27 imposed under subdivisions (a), (b)(1), (b)(2), (b)(3), or
28 (b)(5) of this Section, the Board is authorized to consider
29 any matters of record in mitigation or aggravation of
30 penalty, including but not limited to the following factors:
31 (1) the duration and gravity of the violation;
32 (2) the presence or absence of due diligence on the
33 part of the violator in attempting to comply with
34 requirements of this Act and regulations thereunder or to
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1 secure relief therefrom as provided by this Act;
2 (3) any economic benefits accrued by the violator
3 because of delay in compliance with requirements;
4 (4) the amount of monetary penalty which will serve
5 to deter further violations by the violator and to
6 otherwise aid in enhancing voluntary compliance with this
7 Act by the violator and other persons similarly subject
8 to the Act; and
9 (5) the number, proximity in time, and gravity of
10 previously adjudicated violations of this Act by the
11 violator.
12 (Source: P.A. 87-1213; 88-45; 88-106; 88-496; 88-670, eff.
13 12-2-94.)