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Public Act 91-0082
HB2011 Enrolled LRB9103741ACdv
AN ACT to amend the Environmental Protection Act by
changing Section 42.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Environmental Protection Act is amended
by changing Section 42 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 determination or order of the Board
pursuant to this Act, shall be liable to a civil penalty of
not to exceed $50,000 for the violation and an additional
civil penalty of not to exceed $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 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) or (p) 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 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 of
this Act shall pay a civil penalty of $1,500 for a first
offense and $3,000 for a second or subsequent offense,
plus any hearing costs incurred by the Board and the
Agency. The penalties shall be deposited into 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
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.
(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 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, or an order or
other determination of the Board under this Act 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 to restrain violations of this Act.
(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.
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
person who has committed a wilful, knowing or repeated
violation of the Act.
Any funds collected under this subsection (f) in which
the Attorney General has prevailed shall be deposited in the
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 violator 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 violator
because of delay in compliance with requirements;
(4) the amount of monetary penalty which will serve
to deter further violations by the violator and to
otherwise aid in enhancing voluntary compliance with this
Act by the violator and other persons similarly subject
to the Act; and
(5) the number, proximity in time, and gravity of
previously adjudicated violations of this Act by the
violator.
(Source: P.A. 90-773, eff. 8-14-98.)
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