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| Public Act 099-0137 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Oil and Gas Act is amended by | ||||
changing Section 8a and by adding Section 8d as follows:
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(225 ILCS 725/8a) (from Ch. 96 1/2, par. 5413)
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Sec. 8a.
When an inspector or other authorized employee or | ||||
agent of the
Department determines that any permittee, or any | ||||
person engaged in conduct
or activities required to be | ||||
permitted under this Act, is in violation of
any requirement of | ||||
this Act or the rules adopted hereunder or any permit
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condition,
or has falsified or otherwise misstated any | ||||
information on or relative to any application, permit, required | ||||
record, or other document required to be submitted to the | ||||
Department by this Act or any rules or procedures adopted under | ||||
this Act the
permit application,
a notice of violation shall be | ||||
completed and delivered to the
Director or his designee.
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The notice shall contain:
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1. the nature of the violation;
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2. the action needed to abate the violation, including | ||||
any appropriate
remedial measures to prevent future | ||||
violation such as replacement, repair,
testing and | ||||
reworking a well and any appurtenances and equipment;
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3. the time within which the violation is to be abated; | ||
and
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4. any factors known to the person completing the | ||
notice of violation
in aggravation or mitigation and the | ||
existence of any factors indicating
that the permit should | ||
be conditioned or modified.
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Upon receipt of a notice of violation, the Director shall | ||
conduct his
investigation and may affirm, vacate or modify the | ||
notice of violation. In
determining whether to take actions in | ||
addition to remedial action
necessary to abate a violation, the | ||
Director shall consider the person's or
permittee's history of | ||
previous violations including violations at other
locations | ||
and under other permits, the seriousness of the violation
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including any irreparable harm to the environment or damage to | ||
property,
the degree of culpability of the person or permittee | ||
and the existence of
any additional conditions or factors in | ||
aggravation or mitigation including
information provided by | ||
the person or permittee.
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The Director shall serve the person or permittee with his | ||
decision
at the conclusion of the investigation.
Modification | ||
of the notice
of violation may include:
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1. any different or additional remedial action | ||
required to abate the
violation and the time within which | ||
the violation must be abated;
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2. the assessment of civil penalties not to exceed | ||
$5,000 for each and every falsification or misstatement of | ||
information and $1,000 a day for
each and every act of | ||
violation not including a falsification or misstatement of | ||
information;
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3. probationary or permanent modification or | ||
conditions on the permit
which may include special | ||
monitoring or reporting requirements; and
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4. revocation of the permit.
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The Director's decision shall provide that the person or | ||
permittee has
the right to request a hearing.
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The Director's decision affirming, vacating or modifying | ||
the notice of
violation shall be considered served when mailed | ||
by first class mail to the person or permittee at his
last | ||
known address.
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A person or permittee shall have 30 days from the date of | ||
service of the
Director's decision to request a hearing. If the | ||
Director's decision
includes the assessment of a civil penalty, | ||
the person or permittee charged
with the penalty shall pay the | ||
penalty in full or, if the person or
permittee wishes to | ||
contest either the amount of the penalty or the fact of
the | ||
violation, submit the assessed amount, with the request for a | ||
hearing,
to be held in escrow. The filing of a request for a | ||
hearing shall not
operate as a stay of the Director's decision. | ||
All civil penalties finally
assessed and paid to the Department | ||
shall be deposited in the Underground
Resources Conservation | ||
Enforcement Fund.
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Any person who willfully or knowingly authorized, ordered, | ||
or carried out
any violation cited in the Director's decision | ||
shall be subject to the same
actions, including civil | ||
penalties, which may be imposed on the person or
permittee | ||
under this Section.
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Upon receipt of a request, the Department shall provide an
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opportunity for a formal hearing upon not less than 5 days | ||
notice. The
hearing shall be conducted by the Director or | ||
anyone designated by him for
such purpose, and shall be located | ||
and conducted in accordance with the rules
of the
Department. | ||
Failure of the person or permittee to timely request a hearing
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or, if a civil penalty has been assessed, to timely tender the | ||
assessed civil
penalty,
shall constitute a waiver of all legal | ||
rights to contest the Director's
decision, including the amount | ||
of any civil penalty. Within 30 days of
the close of the | ||
hearing record or expiration of the time to request a
hearing, | ||
the Department shall issue a final administrative order.
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If, at the expiration of the period of time originally | ||
fixed in the
Director's decision or in any subsequent extension | ||
of time granted by the
Department, the Department finds that | ||
the violation has not been abated, it
may immediately order the | ||
cessation of operations
or the portions thereof relevant to the | ||
violation. Such cessation order
shall be served in the manner | ||
and within the time prescribed in Section
19.1 of this Act.
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Pending the holding of any hearing or entry of a final | ||
administrative
order under this Section, the person or | ||
permittee to whom the cessation
order was issued may file a | ||
written request for temporary relief subject to
the same terms | ||
and conditions as are provided for in Section 19.1 of this Act.
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If the Department finds that a person or permittee has | ||
failed to comply
with a final administrative order, the | ||
Department may immediately order the
cessation of operations or | ||
the portions thereof relevant to the final
administrative | ||
order. Such cessation order shall be served in the manner
and | ||
within the time prescribed in Section 19.1 of this Act. The
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Department shall commence a hearing within 5 days after | ||
issuance of a
cessation order and shall conclude such hearing | ||
without appreciable delay.
At the hearing the Department shall | ||
have the burden of proving that the
person or permittee has not | ||
complied with the final administrative order.
A cessation order | ||
issued under this paragraph shall continue in effect
until | ||
modified, vacated, or terminated by the Department.
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The Department shall refuse to issue a permit or permits,
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and shall revoke any permit or permits previously issued
if:
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(1) the applicant has falsified or otherwise misstated | ||
any information
on or relative to the permit application;
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(2) the applicant has failed to abate a violation of | ||
the Act specified
in a final administrative decision of the | ||
Department;
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(3) an officer, director, partner, or person with an | ||
interest in the
applicant exceeding 5% failed to abate a | ||
violation of the Act specified in a
final administrative | ||
decision of the Department; or
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(4) the applicant is an officer, director, partner, or | ||
person with an
interest exceeding 5% in another entity that | ||
has failed to abate a violation of
the Act specified in a | ||
final administrative decision of the Department.
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(Source: P.A. 89-243, eff. 8-4-95.)
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(225 ILCS 725/8d new) | ||
Sec. 8d. Falsification or misstatement of information. No | ||
person shall falsify or otherwise misstate any information on | ||
or relative to any application, permit, required record, or | ||
other document required to be submitted to the Department by | ||
this Act or any rules or procedures adopted under this Act.
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