Illinois General Assembly - Full Text of SB2727
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Full Text of SB2727  98th General Assembly

SB2727enr 98TH GENERAL ASSEMBLY



 


 
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1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Environmental Protection Act is amended by
5changing Section 42 and by adding Section 52.5 as follows:
 
6    (415 ILCS 5/42)  (from Ch. 111 1/2, par. 1042)
7    Sec. 42. Civil penalties.
8    (a) Except as provided in this Section, any person that
9violates any provision of this Act or any regulation adopted by
10the Board, or any permit or term or condition thereof, or that
11violates any order of the Board pursuant to this Act, shall be
12liable for a civil penalty of not to exceed $50,000 for the
13violation and an additional civil penalty of not to exceed
14$10,000 for each day during which the violation continues; such
15penalties may, upon order of the Board or a court of competent
16jurisdiction, be made payable to the Environmental Protection
17Trust Fund, to be used in accordance with the provisions of the
18Environmental Protection Trust Fund Act.
19    (b) Notwithstanding the provisions of subsection (a) of
20this Section:
21        (1) Any person that violates Section 12(f) of this Act
22    or any NPDES permit or term or condition thereof, or any
23    filing requirement, regulation or order relating to the

 

 

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1    NPDES permit program, shall be liable to a civil penalty of
2    not to exceed $10,000 per day of violation.
3        (2) Any person that violates Section 12(g) of this Act
4    or any UIC permit or term or condition thereof, or any
5    filing requirement, regulation or order relating to the
6    State UIC program for all wells, except Class II wells as
7    defined by the Board under this Act, shall be liable to a
8    civil penalty not to exceed $2,500 per day of violation;
9    provided, however, that any person who commits such
10    violations relating to the State UIC program for Class II
11    wells, as defined by the Board under this Act, shall be
12    liable to a civil penalty of not to exceed $10,000 for the
13    violation and an additional civil penalty of not to exceed
14    $1,000 for each day during which the violation continues.
15        (3) Any person that violates Sections 21(f), 21(g),
16    21(h) or 21(i) of this Act, or any RCRA permit or term or
17    condition thereof, or any filing requirement, regulation
18    or order relating to the State RCRA program, shall be
19    liable to a civil penalty of not to exceed $25,000 per day
20    of violation.
21        (4) In an administrative citation action under Section
22    31.1 of this Act, any person found to have violated any
23    provision of subsection (o) of Section 21 of this Act shall
24    pay a civil penalty of $500 for each violation of each such
25    provision, plus any hearing costs incurred by the Board and
26    the Agency. Such penalties shall be made payable to the

 

 

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1    Environmental Protection Trust Fund, to be used in
2    accordance with the provisions of the Environmental
3    Protection Trust Fund Act; except that if a unit of local
4    government issued the administrative citation, 50% of the
5    civil penalty shall be payable to the unit of local
6    government.
7        (4-5) In an administrative citation action under
8    Section 31.1 of this Act, any person found to have violated
9    any provision of subsection (p) of Section 21, Section
10    22.51, Section 22.51a, or subsection (k) of Section 55 of
11    this Act shall pay a civil penalty of $1,500 for each
12    violation of each such provision, plus any hearing costs
13    incurred by the Board and the Agency, except that the civil
14    penalty amount shall be $3,000 for each violation of any
15    provision of subsection (p) of Section 21, Section 22.51,
16    Section 22.51a, or subsection (k) of Section 55 that is the
17    person's second or subsequent adjudication violation of
18    that provision. The penalties shall be deposited into the
19    Environmental Protection Trust Fund, to be used in
20    accordance with the provisions of the Environmental
21    Protection Trust Fund Act; except that if a unit of local
22    government issued the administrative citation, 50% of the
23    civil penalty shall be payable to the unit of local
24    government.
25        (5) Any person who violates subsection 6 of Section
26    39.5 of this Act or any CAAPP permit, or term or condition

 

 

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1    thereof, or any fee or filing requirement, or any duty to
2    allow or carry out inspection, entry or monitoring
3    activities, or any regulation or order relating to the
4    CAAPP shall be liable for a civil penalty not to exceed
5    $10,000 per day of violation.
6        (6) Any owner or operator of a community water system
7    that violates subsection (b) of Section 18.1 or subsection
8    (a) of Section 25d-3 of this Act shall, for each day of
9    violation, be liable for a civil penalty not to exceed $5
10    for each of the premises connected to the affected
11    community water system.
12        (7) Any person who violates Section 52.5 of this Act
13    shall be liable for a civil penalty of up to $1,000 for the
14    first violation of that Section and a civil penalty of up
15    to $2,500 for a second or subsequent violation of that
16    Section.
17    (b.5) In lieu of the penalties set forth in subsections (a)
18and (b) of this Section, any person who fails to file, in a
19timely manner, toxic chemical release forms with the Agency
20pursuant to Section 25b-2 of this Act shall be liable for a
21civil penalty of $100 per day for each day the forms are late,
22not to exceed a maximum total penalty of $6,000. This daily
23penalty shall begin accruing on the thirty-first day after the
24date that the person receives the warning notice issued by the
25Agency pursuant to Section 25b-6 of this Act; and the penalty
26shall be paid to the Agency. The daily accrual of penalties

 

 

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1shall cease as of January 1 of the following year. All
2penalties collected by the Agency pursuant to this subsection
3shall be deposited into the Environmental Protection Permit and
4Inspection Fund.
5    (c) Any person that violates this Act, any rule or
6regulation adopted under this Act, any permit or term or
7condition of a permit, or any Board order and causes the death
8of fish or aquatic life shall, in addition to the other
9penalties provided by this Act, be liable to pay to the State
10an additional sum for the reasonable value of the fish or
11aquatic life destroyed. Any money so recovered shall be placed
12in the Wildlife and Fish Fund in the State Treasury.
13    (d) The penalties provided for in this Section may be
14recovered in a civil action.
15    (e) The State's Attorney of the county in which the
16violation occurred, or the Attorney General, may, at the
17request of the Agency or on his own motion, institute a civil
18action for an injunction, prohibitory or mandatory, to restrain
19violations of this Act, any rule or regulation adopted under
20this Act, any permit or term or condition of a permit, or any
21Board order, or to require such other actions as may be
22necessary to address violations of this Act, any rule or
23regulation adopted under this Act, any permit or term or
24condition of a permit, or any Board order.
25    (f) The State's Attorney of the county in which the
26violation occurred, or the Attorney General, shall bring such

 

 

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1actions in the name of the people of the State of Illinois.
2Without limiting any other authority which may exist for the
3awarding of attorney's fees and costs, the Board or a court of
4competent jurisdiction may award costs and reasonable
5attorney's fees, including the reasonable costs of expert
6witnesses and consultants, to the State's Attorney or the
7Attorney General in a case where he has prevailed against a
8person who has committed a wilful, knowing or repeated
9violation of this Act, any rule or regulation adopted under
10this Act, any permit or term or condition of a permit, or any
11Board order.
12    Any funds collected under this subsection (f) in which the
13Attorney General has prevailed shall be deposited in the
14Hazardous Waste Fund created in Section 22.2 of this Act. Any
15funds collected under this subsection (f) in which a State's
16Attorney has prevailed shall be retained by the county in which
17he serves.
18    (g) All final orders imposing civil penalties pursuant to
19this Section shall prescribe the time for payment of such
20penalties. If any such penalty is not paid within the time
21prescribed, interest on such penalty at the rate set forth in
22subsection (a) of Section 1003 of the Illinois Income Tax Act,
23shall be paid for the period from the date payment is due until
24the date payment is received. However, if the time for payment
25is stayed during the pendency of an appeal, interest shall not
26accrue during such stay.

 

 

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1    (h) In determining the appropriate civil penalty to be
2imposed under subdivisions (a), (b)(1), (b)(2), (b)(3), or
3(b)(5) of this Section, the Board is authorized to consider any
4matters of record in mitigation or aggravation of penalty,
5including but not limited to the following factors:
6        (1) the duration and gravity of the violation;
7        (2) the presence or absence of due diligence on the
8    part of the respondent in attempting to comply with
9    requirements of this Act and regulations thereunder or to
10    secure relief therefrom as provided by this Act;
11        (3) any economic benefits accrued by the respondent
12    because of delay in compliance with requirements, in which
13    case the economic benefits shall be determined by the
14    lowest cost alternative for achieving compliance;
15        (4) the amount of monetary penalty which will serve to
16    deter further violations by the respondent and to otherwise
17    aid in enhancing voluntary compliance with this Act by the
18    respondent and other persons similarly subject to the Act;
19        (5) the number, proximity in time, and gravity of
20    previously adjudicated violations of this Act by the
21    respondent;
22        (6) whether the respondent voluntarily self-disclosed,
23    in accordance with subsection (i) of this Section, the
24    non-compliance to the Agency;
25        (7) whether the respondent has agreed to undertake a
26    "supplemental environmental project," which means an

 

 

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1    environmentally beneficial project that a respondent
2    agrees to undertake in settlement of an enforcement action
3    brought under this Act, but which the respondent is not
4    otherwise legally required to perform; and
5        (8) whether the respondent has successfully completed
6    a Compliance Commitment Agreement under subsection (a) of
7    Section 31 of this Act to remedy the violations that are
8    the subject of the complaint.
9    In determining the appropriate civil penalty to be imposed
10under subsection (a) or paragraph (1), (2), (3), or (5) of
11subsection (b) of this Section, the Board shall ensure, in all
12cases, that the penalty is at least as great as the economic
13benefits, if any, accrued by the respondent as a result of the
14violation, unless the Board finds that imposition of such
15penalty would result in an arbitrary or unreasonable financial
16hardship. However, such civil penalty may be off-set in whole
17or in part pursuant to a supplemental environmental project
18agreed to by the complainant and the respondent.
19    (i) A person who voluntarily self-discloses non-compliance
20to the Agency, of which the Agency had been unaware, is
21entitled to a 100% reduction in the portion of the penalty that
22is not based on the economic benefit of non-compliance if the
23person can establish the following:
24        (1) that the non-compliance was discovered through an
25    environmental audit or a compliance management system
26    documented by the regulated entity as reflecting the

 

 

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1    regulated entity's due diligence in preventing, detecting,
2    and correcting violations;
3        (2) that the non-compliance was disclosed in writing
4    within 30 days of the date on which the person discovered
5    it;
6        (3) that the non-compliance was discovered and
7    disclosed prior to:
8            (i) the commencement of an Agency inspection,
9        investigation, or request for information;
10            (ii) notice of a citizen suit;
11            (iii) the filing of a complaint by a citizen, the
12        Illinois Attorney General, or the State's Attorney of
13        the county in which the violation occurred;
14            (iv) the reporting of the non-compliance by an
15        employee of the person without that person's
16        knowledge; or
17            (v) imminent discovery of the non-compliance by
18        the Agency;
19        (4) that the non-compliance is being corrected and any
20    environmental harm is being remediated in a timely fashion;
21        (5) that the person agrees to prevent a recurrence of
22    the non-compliance;
23        (6) that no related non-compliance events have
24    occurred in the past 3 years at the same facility or in the
25    past 5 years as part of a pattern at multiple facilities
26    owned or operated by the person;

 

 

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1        (7) that the non-compliance did not result in serious
2    actual harm or present an imminent and substantial
3    endangerment to human health or the environment or violate
4    the specific terms of any judicial or administrative order
5    or consent agreement;
6        (8) that the person cooperates as reasonably requested
7    by the Agency after the disclosure; and
8        (9) that the non-compliance was identified voluntarily
9    and not through a monitoring, sampling, or auditing
10    procedure that is required by statute, rule, permit,
11    judicial or administrative order, or consent agreement.
12    If a person can establish all of the elements under this
13subsection except the element set forth in paragraph (1) of
14this subsection, the person is entitled to a 75% reduction in
15the portion of the penalty that is not based upon the economic
16benefit of non-compliance.
17    (j) In addition to any other remedy or penalty that may
18apply, whether civil or criminal, any person who violates
19Section 22.52 of this Act shall be liable for an additional
20civil penalty of up to 3 times the gross amount of any
21pecuniary gain resulting from the violation.
22    (k) In addition to any other remedy or penalty that may
23apply, whether civil or criminal, any person who violates
24subdivision (a)(7.6) of Section 31 of this Act shall be liable
25for an additional civil penalty of $2,000.
26(Source: P.A. 96-603, eff. 8-24-09; 96-737, eff. 8-25-09;

 

 

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196-1000, eff. 7-2-10; 96-1416, eff. 7-30-10; 97-519, eff.
28-23-11.)
 
3    (415 ILCS 5/52.5 new)
4    Sec. 52.5. Microbead-free waters.
5    (a) As used in this Section:
6    "Over the counter drug" means a drug that is a personal
7care product that contains a label that identifies the product
8as a drug as required by 21 CFR 201.66. An "over the counter
9drug" label includes:
10        (1) A drug facts panel; or
11        (2) A statement of the active ingredients with a list
12of those ingredients contained in the compound, substance, or
13preparation.
14    "Personal care product" means any article intended to be
15rubbed, poured, sprinkled, or sprayed on, introduced into, or
16otherwise applied to the human body or any part thereof for
17cleansing, beautifying, promoting attractiveness, or altering
18the appearance, and any article intended for use as a component
19of any such article. "Personal care product" does not include
20any prescription drugs.
21    "Plastic" means a synthetic material made from linking
22monomers through a chemical reaction to create an organic
23polymer chain that can be molded or extruded at high heat into
24various solid forms retaining their defined shapes during life
25cycle and after disposal.

 

 

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1    "Synthetic plastic microbead" means any intentionally
2added non-biodegradable solid plastic particle measured less
3than 5 millimeters in size and is used to exfoliate or cleanse
4in a rinse-off product.
5    (b) The General Assembly hereby finds that microbeads, a
6synthetic alternative ingredient to such natural materials as
7ground almonds, oatmeal, and pumice, found in over 100 personal
8care products, including facial cleansers, shampoos, and
9toothpastes, pose a serious threat to the State's environment.
10    Microbeads have been documented to collect harmful
11pollutants already present in the environment and harm fish and
12other aquatic organisms that form the base of the aquatic food
13chain. Recently, microbeads have been recorded in Illinois
14water bodies, and in particular, the waters of Lake Michigan.
15    Although synthetic plastic microbeads are a safe and
16effective mild abrasive ingredient effectively used for gently
17removing dead skin, there are recent concerns about the
18potential environmental impact of these materials. More
19research is needed on any adverse consequences, but a number of
20cosmetic manufacturers have already begun a voluntary process
21for identifying alternatives that allay those concerns. Those
22alternatives will be carefully evaluated to assure safety and
23implemented in a timely manner.
24    Without significant and costly improvements to the
25majority of the State's sewage treatment facilities,
26microbeads contained in products will continue to pollute

 

 

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1Illinois' waters and hinder the recent substantial economic
2investments in redeveloping Illinois waterfronts and the
3ongoing efforts to restore the State's lakes and rivers and
4recreational and commercial fisheries.
5    (c) Effective December 31, 2017, no person shall
6manufacture for sale a personal care product, except for an
7over the counter drug, that contains synthetic plastic
8microbeads as defined in this Section.
9    (d) Effective December 31, 2018, no person shall accept for
10sale a personal care product, except for an over the counter
11drug, that contains synthetic plastic microbeads as defined in
12this Section.
13    (e) Effective December 31, 2018, no person shall
14manufacture for sale an over the counter drug that contains
15synthetic plastic microbeads as defined in this Section.
16    (f) Effective December 31, 2019, no person shall accept for
17sale an over the counter drug that contains synthetic plastic
18microbeads as defined in this Section.