Section 240.1857  Director's Approval of Penalty or Agreed Compromise

Upon receipt of a notice of penalty or compromise, the Director shall conduct an investigation and may affirm, or enter into a hearing concerning, the propriety of the applicable notice of probable violation, payment or compromise.

a)         The Director must consider:

1)         the nature, circumstances and gravity of the violation, including adverse impact on the environment;

2)         with respect to the violator, the degree of culpability, any history of prior violations, and any effect on ability to continue doing business; and

3)         good faith in attempting to comply.

b)         The Director may consider:

1)         the economic benefit gained from the violation without any reduction because of subsequent damages; and

2)         other matters that justice requires.

(Source:  Added at 43 Ill. Reg. 11524, effective September 24, 2019)