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Public Act 098-0638 | ||||
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Environmental Protection Act is amended by | ||||
changing Section 42 and by adding Section 52.5 as follows: | ||||
(415 ILCS 5/42) (from Ch. 111 1/2, par. 1042) | ||||
Sec. 42. Civil penalties. | ||||
(a) Except as provided in this Section, any person that | ||||
violates any
provision of this Act or any regulation adopted by | ||||
the Board, or any permit
or term or condition thereof, or that | ||||
violates any order of the Board pursuant
to this Act, shall be | ||||
liable for a civil penalty of not to exceed
$50,000 for the | ||||
violation and an additional civil penalty of not to exceed
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$10,000 for each day during which the violation continues; such | ||||
penalties may,
upon order of the Board or a court of competent | ||||
jurisdiction, be made payable
to the Environmental Protection | ||||
Trust Fund, to be used in accordance with the
provisions of the | ||||
Environmental Protection Trust Fund Act. | ||||
(b) Notwithstanding the provisions of subsection (a) of | ||||
this Section: | ||||
(1) Any person that violates Section 12(f) of this Act | ||||
or any
NPDES permit or term or condition thereof, or any | ||||
filing requirement,
regulation or order relating to the |
NPDES permit program, shall be liable
to a civil penalty of | ||
not to exceed $10,000 per day of violation. | ||
(2) Any person that violates Section 12(g) of this Act | ||
or any UIC permit
or term or condition thereof, or any | ||
filing requirement, regulation or order
relating to the | ||
State UIC program for all wells, except Class II wells as
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defined by the Board under this Act, shall be liable to a | ||
civil penalty
not to exceed $2,500 per day of violation; | ||
provided, however, that any person
who commits such | ||
violations relating to the State UIC program for Class
II | ||
wells, as defined by the Board under this Act, shall be | ||
liable to a civil
penalty of not to exceed $10,000 for the | ||
violation and an additional civil
penalty of not to exceed | ||
$1,000 for each day during which the violation
continues. | ||
(3) Any person that violates Sections 21(f), 21(g), | ||
21(h) or 21(i) of
this Act, or any RCRA permit or term or | ||
condition thereof, or any filing
requirement, regulation | ||
or order relating to the State RCRA program, shall
be | ||
liable to a civil penalty of not to exceed $25,000 per day | ||
of violation. | ||
(4)
In an administrative citation action under Section | ||
31.1 of this Act,
any person found to have violated any | ||
provision of subsection (o) of
Section 21 of this Act shall | ||
pay a civil penalty of $500 for each
violation of each such | ||
provision, plus any hearing costs incurred by the Board
and | ||
the Agency. Such penalties shall be made payable to the |
Environmental
Protection Trust Fund, to be used in | ||
accordance with the provisions of the
Environmental | ||
Protection Trust Fund Act; except that if a unit of local
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government issued the administrative citation, 50% of the | ||
civil penalty shall
be payable to the unit of local | ||
government. | ||
(4-5) In an administrative citation action under | ||
Section 31.1 of this
Act, any person found to have violated | ||
any
provision of subsection (p) of
Section 21, Section | ||
22.51, Section 22.51a, or subsection (k) of Section 55 of | ||
this Act shall pay a civil penalty of $1,500 for each | ||
violation
of
each such provision, plus any hearing costs | ||
incurred by the Board and the
Agency, except that the civil | ||
penalty amount shall be $3,000 for
each violation of any | ||
provision of subsection (p) of Section 21, Section 22.51, | ||
Section 22.51a, or subsection (k) of Section 55 that is the
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person's second or subsequent adjudication violation of | ||
that
provision. The penalties shall be deposited into the
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Environmental Protection Trust Fund, to be used in | ||
accordance with the
provisions of the Environmental | ||
Protection Trust Fund Act; except that if a
unit of local | ||
government issued the administrative citation, 50% of the | ||
civil
penalty shall be payable to the unit of local | ||
government. | ||
(5) Any person who violates subsection 6 of Section | ||
39.5 of this Act
or any CAAPP permit, or term or condition |
thereof, or any fee or filing
requirement, or any duty to | ||
allow or carry out inspection, entry or
monitoring | ||
activities, or any regulation or order relating to the | ||
CAAPP
shall be liable for a civil penalty not to exceed | ||
$10,000 per day of violation. | ||
(6) Any owner or operator of a community water system | ||
that violates subsection (b) of Section 18.1 or subsection | ||
(a) of Section 25d-3 of this Act shall, for each day of | ||
violation, be liable for a civil penalty not to exceed $5 | ||
for each of the premises connected to the affected | ||
community water system. | ||
(7) Any person who violates Section 52.5 of this Act | ||
shall be liable for a civil penalty of up to $1,000 for the | ||
first violation of that Section and a civil penalty of up | ||
to $2,500 for a second or subsequent violation of that | ||
Section. | ||
(b.5) In lieu of the penalties set forth in subsections (a) | ||
and (b) of
this Section, any person who fails to file, in a | ||
timely manner, toxic
chemical release forms with the Agency | ||
pursuant to Section 25b-2
of this Act
shall be liable for a | ||
civil penalty of $100 per day for
each day the forms are
late, | ||
not to exceed a maximum total penalty of $6,000. This daily | ||
penalty
shall begin accruing on the thirty-first day after the
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date that the person receives the warning notice issued by the | ||
Agency pursuant
to Section 25b-6 of this Act; and the penalty | ||
shall be paid to the Agency. The
daily accrual of penalties |
shall cease as of January 1 of the following year.
All | ||
penalties collected by the Agency pursuant to this subsection | ||
shall be
deposited into the Environmental Protection Permit and | ||
Inspection Fund. | ||
(c) Any person that violates this Act, any rule or | ||
regulation adopted under
this Act, any permit or term or | ||
condition of a permit, or any Board order and
causes the death | ||
of fish
or aquatic life shall, in addition to the other | ||
penalties provided by
this Act, be liable to pay to the State | ||
an additional sum for the
reasonable value of the fish or | ||
aquatic life destroyed. Any money so
recovered shall be placed | ||
in the Wildlife and Fish Fund in the State
Treasury. | ||
(d) The penalties provided for in this Section may be | ||
recovered in a
civil action. | ||
(e) The State's Attorney of the county in which the | ||
violation
occurred, or the Attorney General, may, at the | ||
request of the Agency or
on his own motion, institute a civil | ||
action for an injunction, prohibitory or mandatory, to
restrain | ||
violations of this Act, any rule or regulation adopted under | ||
this Act,
any permit or term or condition of a permit, or any | ||
Board order, or to require such other actions as may be | ||
necessary to address violations of this Act, any rule or | ||
regulation adopted under this Act, any permit or term or | ||
condition of a permit, or any Board order. | ||
(f) The State's Attorney of the county in which the | ||
violation
occurred, or the Attorney General, shall bring such |
actions in the name
of the people of the State of Illinois.
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Without limiting any other authority which may exist for the | ||
awarding
of attorney's fees and costs, the Board or a court of | ||
competent
jurisdiction may award costs and reasonable | ||
attorney's fees, including the
reasonable costs of expert | ||
witnesses and consultants, to the State's
Attorney or the | ||
Attorney General in a case where he has prevailed against a
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person who has committed a wilful, knowing or repeated | ||
violation of this Act,
any rule or regulation adopted under | ||
this Act, any permit or term or condition
of a permit, or any | ||
Board order. | ||
Any funds collected under this subsection (f) in which the | ||
Attorney
General has prevailed shall be deposited in the
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Hazardous Waste Fund created in Section 22.2 of this Act. Any | ||
funds
collected under this subsection (f) in which a State's | ||
Attorney has
prevailed shall be retained by the county in which | ||
he serves. | ||
(g) All final orders imposing civil penalties pursuant to | ||
this Section
shall prescribe the time for payment of such | ||
penalties. If any such
penalty is not paid within the time | ||
prescribed, interest on such penalty
at the rate set forth in | ||
subsection (a) of Section 1003 of the Illinois Income
Tax Act, | ||
shall be paid for the period from the date payment is due until | ||
the
date payment is received. However, if the time for payment | ||
is stayed during
the pendency of an appeal, interest shall not | ||
accrue during such stay. |
(h) In determining the appropriate civil penalty to be | ||
imposed under
subdivisions (a), (b)(1), (b)(2), (b)(3), or | ||
(b)(5) of this
Section, the Board is authorized to consider any | ||
matters of record in
mitigation or aggravation of penalty, | ||
including but not limited to the
following factors: | ||
(1) the duration and gravity of the violation; | ||
(2) the presence or absence of due diligence on the | ||
part of the
respondent in attempting to comply with | ||
requirements of this
Act and regulations thereunder or to | ||
secure relief therefrom as provided by
this Act; | ||
(3) any economic benefits accrued by the respondent
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because of delay in compliance with requirements, in which | ||
case the economic
benefits shall be determined by the | ||
lowest cost alternative for achieving
compliance; | ||
(4) the amount of monetary penalty which will serve to | ||
deter further
violations by the respondent and to otherwise | ||
aid in enhancing
voluntary
compliance with this Act by the | ||
respondent and other persons
similarly
subject to the Act; | ||
(5) the number, proximity in time, and gravity of | ||
previously
adjudicated violations of this Act by the | ||
respondent; | ||
(6) whether the respondent voluntarily self-disclosed, | ||
in accordance
with subsection (i) of this Section, the | ||
non-compliance to the Agency; | ||
(7) whether the respondent has agreed to undertake a | ||
"supplemental
environmental project," which means an |
environmentally beneficial project that
a respondent | ||
agrees to undertake in settlement of an enforcement action | ||
brought
under this Act, but which the respondent is not | ||
otherwise legally required to
perform; and | ||
(8) whether the respondent has successfully completed | ||
a Compliance Commitment Agreement under subsection (a) of | ||
Section 31 of this Act to remedy the violations that are | ||
the subject of the complaint. | ||
In determining the appropriate civil penalty to be imposed | ||
under subsection
(a) or paragraph (1), (2), (3), or (5) of | ||
subsection (b) of this Section, the
Board shall ensure, in all | ||
cases, that the penalty is at least as great as the
economic | ||
benefits, if any, accrued by the respondent as a result of the
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violation, unless the Board finds that imposition of such | ||
penalty would result
in an arbitrary or unreasonable financial | ||
hardship. However, such civil
penalty
may be off-set in whole | ||
or in part pursuant to a supplemental
environmental project | ||
agreed to by the complainant and the respondent. | ||
(i) A person who voluntarily self-discloses non-compliance | ||
to the Agency,
of which the Agency had been unaware, is | ||
entitled to a 100% reduction in the
portion of the penalty that | ||
is not based on the economic benefit of
non-compliance if the | ||
person can
establish the following: | ||
(1) that the non-compliance was discovered through an | ||
environmental
audit or a compliance management system | ||
documented by the regulated entity as
reflecting the |
regulated entity's due diligence in preventing, detecting, | ||
and
correcting violations; | ||
(2) that the non-compliance was disclosed in writing | ||
within 30 days of
the date on which the person discovered | ||
it; | ||
(3) that the non-compliance was discovered and | ||
disclosed prior to: | ||
(i) the commencement of an Agency inspection, | ||
investigation, or request
for information; | ||
(ii) notice of a citizen suit; | ||
(iii) the filing of a complaint by a citizen, the | ||
Illinois Attorney
General, or the State's Attorney of | ||
the county in which the violation occurred; | ||
(iv) the reporting of the non-compliance by an | ||
employee of the person
without that person's | ||
knowledge; or | ||
(v) imminent discovery of the non-compliance by | ||
the Agency; | ||
(4) that the non-compliance is being corrected and any | ||
environmental
harm is being remediated in a timely fashion; | ||
(5) that the person agrees to prevent a recurrence of | ||
the non-compliance; | ||
(6) that no related non-compliance events have | ||
occurred in the
past 3 years at the same facility or in the | ||
past 5 years as part of a
pattern at multiple facilities | ||
owned or operated by the person; |
(7) that the non-compliance did not result in serious | ||
actual
harm or present an imminent and substantial | ||
endangerment to human
health or the environment or violate | ||
the specific terms of any judicial or
administrative order | ||
or consent agreement; | ||
(8) that the person cooperates as reasonably requested | ||
by the Agency
after the disclosure; and | ||
(9) that the non-compliance was identified voluntarily | ||
and not through a
monitoring, sampling, or auditing | ||
procedure that is required by statute, rule,
permit, | ||
judicial or administrative order, or consent agreement. | ||
If a person can establish all of the elements under this | ||
subsection except
the element set forth in paragraph (1) of | ||
this subsection, the person is
entitled to a 75% reduction in | ||
the portion of the penalty that is not based
upon the economic | ||
benefit of non-compliance. | ||
(j) In addition to any other remedy or penalty that may
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apply, whether civil or criminal, any person who violates | ||
Section 22.52 of this Act shall be liable for an additional | ||
civil penalty of up to 3 times the gross amount of any | ||
pecuniary gain resulting from the violation.
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(k) In addition to any other remedy or penalty that may | ||
apply, whether civil or criminal, any person who violates | ||
subdivision (a)(7.6) of Section 31 of this Act shall be liable | ||
for an additional civil penalty of $2,000. | ||
(Source: P.A. 96-603, eff. 8-24-09; 96-737, eff. 8-25-09; |
96-1000, eff. 7-2-10; 96-1416, eff. 7-30-10; 97-519, eff. | ||
8-23-11.) | ||
(415 ILCS 5/52.5 new) | ||
Sec. 52.5. Microbead-free waters. | ||
(a) As used in this Section: | ||
"Over the counter drug" means a drug that is a personal | ||
care product that contains a label that identifies the product | ||
as a drug as required by 21 CFR 201.66. An "over the counter | ||
drug" label includes: | ||
(1) A drug facts panel; or | ||
(2) A statement of the active ingredients with a list | ||
of those ingredients contained in the compound, substance, or | ||
preparation. | ||
"Personal care product" means any article intended to be | ||
rubbed, poured, sprinkled, or sprayed on, introduced into, or | ||
otherwise applied to the human body or any part thereof for | ||
cleansing, beautifying, promoting attractiveness, or altering | ||
the appearance, and any article intended for use as a component | ||
of any such article. "Personal care product" does not include | ||
any prescription drugs. | ||
"Plastic" means a synthetic material made from linking | ||
monomers through a chemical reaction to create an organic | ||
polymer chain that can be molded or extruded at high heat into | ||
various solid forms retaining their defined shapes during life | ||
cycle and after disposal. |
"Synthetic plastic microbead" means any intentionally | ||
added non-biodegradable solid plastic particle measured less | ||
than 5 millimeters in size and is used to exfoliate or cleanse | ||
in a rinse-off product. | ||
(b) The General Assembly hereby finds that microbeads, a | ||
synthetic alternative ingredient to such natural materials as | ||
ground almonds, oatmeal, and pumice, found in over 100 personal | ||
care products, including facial cleansers, shampoos, and | ||
toothpastes, pose a serious threat to the State's environment. | ||
Microbeads have been documented to collect harmful | ||
pollutants already present in the environment and harm fish and | ||
other aquatic organisms that form the base of the aquatic food | ||
chain. Recently, microbeads have been recorded in Illinois | ||
water bodies, and in particular, the waters of Lake Michigan. | ||
Although synthetic plastic microbeads are a safe and | ||
effective mild abrasive ingredient effectively used for gently | ||
removing dead skin, there are recent concerns about the | ||
potential environmental impact of these materials. More | ||
research is needed on any adverse consequences, but a number of | ||
cosmetic manufacturers have already begun a voluntary process | ||
for identifying alternatives that allay those concerns. Those | ||
alternatives will be carefully evaluated to assure safety and | ||
implemented in a timely manner. | ||
Without significant and costly improvements to the | ||
majority of the State's sewage treatment facilities, | ||
microbeads contained in products will continue to pollute |
Illinois' waters and hinder the recent substantial economic | ||
investments in redeveloping Illinois waterfronts and the | ||
ongoing efforts to restore the State's lakes and rivers and | ||
recreational and commercial fisheries. | ||
(c) Effective December 31, 2017, no person shall | ||
manufacture for sale a personal care product, except for an | ||
over the counter drug, that contains synthetic plastic | ||
microbeads as defined in this Section. | ||
(d) Effective December 31, 2018, no person shall accept for | ||
sale a personal care product, except for an over the counter | ||
drug, that contains synthetic plastic microbeads as defined in | ||
this Section. | ||
(e) Effective December 31, 2018, no person shall | ||
manufacture for sale an over the counter drug that contains | ||
synthetic plastic microbeads as defined in this Section. | ||
(f) Effective December 31, 2019, no person shall accept for | ||
sale an over the counter drug that contains synthetic plastic | ||
microbeads as defined in this Section. |