093_HB0370eng
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1 AN ACT concerning environmental safety.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Environmental Protection Act is amended by
5 changing Sections 9, 10, 31.1, and 42 as follows:
6 (415 ILCS 5/9) (from Ch. 111 1/2, par. 1009)
7 Sec. 9. Acts prohibited. No person shall:
8 (a) Cause or threaten or allow the discharge or emission
9 of any contaminant into the environment in any State so as to
10 cause or tend to cause air pollution in Illinois, either
11 alone or in combination with contaminants from other sources,
12 or so as to violate regulations or standards adopted by the
13 Board under this Act;
14 (b) Construct, install, or operate any equipment,
15 facility, vehicle, vessel, or aircraft capable of causing or
16 contributing to air pollution or designed to prevent air
17 pollution, of any type designated by Board regulations,
18 without a permit granted by the Agency, or in violation of
19 any conditions imposed by such permit;
20 (c) Cause or allow the open burning of refuse, conduct
21 any salvage operation by open burning, or cause or allow the
22 burning of any refuse in any chamber not specifically
23 permitted designed for the purpose and approved by the Agency
24 pursuant to regulations adopted by the Board under this Act;
25 except that the Board may adopt regulations permitting open
26 burning of refuse in certain cases upon a finding that no
27 harm will result from such burning, or that any alternative
28 method of disposing of such refuse would create a safety
29 hazard so extreme as to justify the pollution that would
30 result from such burning;
31 (d) Sell, offer, or use any fuel or other article in any
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1 areas in which the Board may by regulation forbid its sale,
2 offer, or use for reasons of air pollution air-pollution
3 control;
4 (e) Use, cause or allow the spraying of loose asbestos
5 for the purpose of fireproofing or insulating any building or
6 building material or other constructions, or otherwise use
7 asbestos in such unconfined manner as to permit asbestos
8 fibers or particles to pollute the air;
9 (f) Commencing July 1, 1985, sell any used oil for
10 burning or incineration in any incinerator, boiler, furnace,
11 burner or other equipment unless such oil meets standards
12 based on virgin fuel oil or re-refined oil, as defined in
13 ASTM D-396 or specifications under VV-F-815C promulgated
14 pursuant to the federal Energy Policy and Conservation Act,
15 and meets the manufacturer's and current NFDA code standards
16 for which such incinerator, boiler, furnace, burner or other
17 equipment was approved, except that this prohibition does not
18 apply to a sale to a permitted used oil re-refining or
19 reprocessing facility or sale to a facility permitted by the
20 Agency to burn or incinerate such oil.
21 Nothing herein shall limit the effect of any section of
22 this Title with respect to any form of asbestos, or the
23 spraying of any form of asbestos, or limit the power of the
24 Board under this Title to adopt additional and further
25 regulations with respect to any form of asbestos, or the
26 spraying of any form of asbestos.
27 Except as provided in subsection (C) of Section 10, this
28 Section shall not limit the burning of landscape waste upon
29 the premises where it is produced or at sites provided and
30 supervised by any unit of local government, except within any
31 county having a population of more than 400,000. Nothing in
32 this Section shall be construed to prohibit the open burning
33 of landscape waste for agricultural purposes (including but
34 not limited to the open burning of landscape waste by
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1 production nurseries and the open burning of landscape waste
2 generated on a farm), habitat management purposes (including
3 but not limited to forest and prairie reclamation), or
4 firefighter training. For the purposes of this subsection,
5 "farm" has the same meaning as under Section 1-60 of the
6 Property Tax Code Act, the burning of landscape waste by
7 production nurseries shall be considered to be burning for
8 agricultural purposes.
9 Any grain elevator located outside of a major population
10 area, as defined in Section 211.3610 of Title 35 of the
11 Illinois Administrative Code, shall be exempt from the
12 requirements of Section 212.462 of Title 35 of the Illinois
13 Administrative Code provided that the elevator: (1) does not
14 violate the prohibitions of subsection (a) of this Section or
15 have a certified investigation, as defined in Section 211.970
16 of Title 35 of the Illinois Administrative Code, on file with
17 the Agency and (2) is not required to obtain a Clean Air Act
18 Permit Program permit pursuant to Section 39.5.
19 Notwithstanding the above exemption, new stationary source
20 performance standards for grain elevators, established
21 pursuant to Section 9.1 of this Act and Section 111 of the
22 federal Clean Air Act, shall continue to apply to grain
23 elevators.
24 (Source: P.A. 88-488; 89-328, eff. 8-17-95; 89-491, eff.
25 6-21-96.)
26 (415 ILCS 5/10) (from Ch. 111 1/2, par. 1010)
27 Sec. 10. Rules Regulations.
28 (A) The Board, pursuant to procedures prescribed in
29 Title VII of this Act, may adopt regulations to promote the
30 purposes of this Title. Without limiting the generality of
31 this authority, such regulations may among other things
32 prescribe:
33 (a) Ambient air quality standards specifying the
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1 maximum permissible short-term and long-term
2 concentrations of various contaminants in the atmosphere;
3 (b) Emission standards specifying the maximum
4 amounts or concentrations of various contaminants that
5 may be discharged into the atmosphere;
6 (c) Standards for the issuance of permits for
7 construction, installation, or operation of any
8 equipment, facility, vehicle, vessel, or aircraft capable
9 of causing or contributing to air pollution or designed
10 to prevent air pollution;
11 (d) Standards and conditions regarding the sale,
12 offer, or use of any fuel, vehicle, or other article
13 determined by the Board to constitute an air pollution
14 air-pollution hazard;
15 (e) Alert and abatement standards relative to air
16 pollution air-pollution episodes or emergencies
17 constituting an acute danger to health or to the
18 environment;
19 (f) Requirements and procedures for the inspection
20 of any equipment, facility, vehicle, vessel, or aircraft
21 that may cause or contribute to air pollution;
22 (g) Requirements and standards for equipment and
23 procedures for monitoring contaminant discharges at their
24 sources, the collection of samples and the collection,
25 reporting and retention of data resulting from such
26 monitoring.
27 (B) The Board shall adopt sulfur dioxide regulations and
28 emission standards for existing fuel combustion stationary
29 emission sources located in all areas of the State of
30 Illinois, except the Chicago, St. Louis (Illinois) and Peoria
31 major metropolitan areas, in accordance with the following
32 requirements:
33 (1) Such regulations shall not be more restrictive
34 than necessary to attain and maintain the "Primary
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1 National Ambient Air Quality Standards for Sulfur
2 Dioxide" and within a reasonable time attain and maintain
3 the "Secondary National Ambient Air Quality Standards for
4 Sulfur Dioxide."
5 (2) Such regulations shall be based upon ambient
6 air quality monitoring data insofar as possible,
7 consistent with regulations of the United States
8 Environmental Protection Agency. To the extent that air
9 quality modeling techniques are used for setting
10 standards, such techniques shall be fully described and
11 documented in the record of the Board's rulemaking
12 proceeding.
13 (3) Such regulations shall provide a mechanism for
14 the establishment of emission standards applicable to a
15 specific site as an alternative to a more restrictive
16 general emission standard. The Board shall delegate
17 authority to the Agency to determine such specific site
18 emission standards, pursuant to regulations adopted by
19 the Board.
20 (4) Such regulations and standards shall allow all
21 available alternative air quality control methods
22 consistent with federal law and regulations.
23 (C) (1) No later than December 1, 2003, The Board may
24 not adopt any regulation banning the burning of landscape
25 waste throughout the State generally. the Board shall
26 may, by rule, regulation, restrict or prohibit the open
27 burning of landscape waste within any geographical area
28 of the State that is classified on the effective date of
29 this amendatory Act of the 93rd General Assembly as a
30 moderate, serious, severe, or extreme non-attainment area
31 for ozone under Section 181 of the federal Clean Air Act
32 but is not located in Madison, St. Clair, or Monroe
33 County. Initial rules adopted to implement this
34 amendatory Act of the 93rd General Assembly shall take
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1 effect on or before July 1, 2004. If a unit of local
2 government has, prior to the effective date of the
3 Board's rules, adopted an ordinance or regulation
4 regarding the open burning of landscape waste, the local
5 ordinance or regulation shall control so long as it
6 remains in effect.
7 (2) The Board may also adopt rules prohibiting the
8 open burning of landscape waste in other geographical
9 areas of the State if it determines based on medical and
10 biological evidence generally accepted by the scientific
11 community that such burning will produce in the
12 atmosphere of that geographical area contaminants in
13 sufficient quantities and of such characteristics and
14 duration as to be injurious to human humans, plant, or
15 animal life, or health.
16 (3) Nothing in this Section shall be construed to
17 prohibit the open burning of landscape waste for
18 agricultural purposes (including but not limited to the
19 open burning of landscape waste by production nurseries
20 and the open burning of landscape waste generated on a
21 farm), habitat management purposes (including but not
22 limited to forest and prairie reclamation), or
23 firefighter training purposes. For the purposes of this
24 subsection, "farm" has the same meaning as under Section
25 1-60 of the Property Tax Code.
26 (4) A home rule unit may not regulate the open
27 burning of landscape waste in a manner inconsistent with
28 the regulation of open burning of landscape waste by the
29 State under this Section, unless the home rule unit has,
30 prior to the effective date of rules adopted by the Board
31 under subdivision (1), adopted ordinances or regulations
32 relating to the open burning of landscape waste and those
33 ordinances or regulations remain in effect. This Section
34 is a limitation under subsection (i) of Section 6 of
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1 Article VII of the Illinois Constitution on the
2 concurrent exercise by home rule units of powers and
3 functions exercised by the State.
4 (D) The Board shall adopt regulations requiring the
5 owner or operator of a gasoline dispensing system that
6 dispenses more than 10,000 gallons of gasoline per month to
7 install and operate a system for the recovery of gasoline
8 vapor emissions arising from the fueling of motor vehicles
9 that meets the requirements of Section 182 of the federal
10 Clean Air Act (42 USC 7511a). These regulations shall apply
11 only in areas of the State that are classified as moderate,
12 serious, severe or extreme non-attainment areas for ozone
13 pursuant to Section 181 of the federal Clean Air Act (42 USC
14 7511), but shall not apply in such areas classified as
15 moderate non-attainment areas for ozone if the Administrator
16 of the U.S. Environmental Protection Agency promulgates
17 standards for vehicle-based (onboard) systems for the control
18 of vehicle refueling emissions pursuant to Section 202(a)(6)
19 of the federal Clean Air Act (42 USC 7521(a)(6)) by November
20 15, 1992.
21 (E) The Board shall not adopt or enforce any regulation
22 requiring the use of a tarpaulin or other covering on a
23 truck, trailer, or other vehicle that is stricter than the
24 requirements of Section 15-109.1 of the Illinois Vehicle
25 Code. To the extent that it is in conflict with this
26 subsection, the Board's rule codified as 35 Ill. Admin. Code,
27 Section 212.315 is hereby superseded.
28 (F) Any person who prior to June 8, 1988, has filed a
29 timely Notice of Intent to Petition for an Adjusted RACT
30 Emissions Limitation and who subsequently timely files a
31 completed petition for an adjusted RACT emissions limitation
32 pursuant to 35 Ill. Adm. Code, Part 215, Subpart I, shall be
33 subject to the procedures contained in Subpart I but shall be
34 excluded by operation of law from 35 Ill. Adm. Code, Part
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1 215, Subparts PP, QQ and RR, including the applicable
2 definitions in 35 Ill. Adm. Code, Part 211. Such persons
3 shall instead be subject to a separate regulation which the
4 Board is hereby authorized to adopt pursuant to the adjusted
5 RACT emissions limitation procedure in 35 Ill. Adm. Code,
6 Part 215, Subpart I. In its final action on the petition,
7 the Board shall create a separate rule which establishes
8 Reasonably Available Control Technology (RACT) for such
9 person. The purpose of this procedure is to create separate
10 and independent regulations for purposes of SIP submittal,
11 review, and approval by USEPA.
12 (G) Subpart FF of Subtitle B, Title 35 Ill. Adm. Code,
13 Sections 218.720 through 218.730 and Sections 219.720 through
14 219.730, are hereby repealed by operation of law and are
15 rendered null and void and of no force and effect.
16 (Source: P.A. 88-381; 89-79, eff. 6-30-95.)
17 (415 ILCS 5/31.1) (from Ch. 111 1/2, par. 1031.1)
18 Sec. 31.1. Administrative citation.
19 (a) The prohibitions specified in subsections (o) and
20 (p) of Section 21 of this Act shall be enforceable either by
21 administrative citation under this Section or as otherwise
22 provided by this Act. A violation of subsection (C) of
23 Section 10 of this Act is enforceable either by
24 administrative citation under this Section or as otherwise
25 provided by this Act.
26 (b) Whenever Agency personnel or personnel of a unit of
27 local government to which the Agency has delegated its
28 functions pursuant to subsection (r) of Section 4 of this
29 Act, on the basis of direct observation, determine that any
30 person has violated any provision of subsection (o) or (p) of
31 Section 21 of this Act or subsection (C) of Section 10 of
32 this Act, the Agency or such unit of local government may
33 issue and serve an administrative citation upon such person
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1 within not more than 60 days after the date of the observed
2 violation. Each such citation issued shall be served upon
3 the person named therein or such person's authorized agent
4 for service of process, and shall include the following
5 information:
6 (1) a statement specifying the provisions of
7 subsection (o) or (p) of Section 21 or subsection (C) of
8 Section 10 of which the person was observed to be in
9 violation;
10 (2) a copy of the inspection report in which the
11 Agency or local government recorded the violation, which
12 report shall include the date and time of inspection, and
13 weather conditions prevailing during the inspection;
14 (3) the penalty imposed by subdivision (b)(4) or
15 (b)(4-5) of Section 42 for such violation;
16 (4) instructions for contesting the administrative
17 citation findings pursuant to this Section, including
18 notification that the person has 35 days within which to
19 file a petition for review before the Board to contest
20 the administrative citation; and
21 (5) an affidavit by the personnel observing the
22 violation, attesting to their material actions and
23 observations.
24 (c) The Agency or unit of local government shall file a
25 copy of each administrative citation served under subsection
26 (b) of this Section with the Board no later than 10 days
27 after the date of service.
28 (d) (1) If the person named in the administrative
29 citation fails to petition the Board for review within 35
30 days from the date of service, the Board shall adopt a final
31 order, which shall include the administrative citation and
32 findings of violation as alleged in the citation, and shall
33 impose the penalty specified in subdivision (b)(4) or
34 (b)(4-5) of Section 42.
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1 (2) If a petition for review is filed before the Board
2 to contest an administrative citation issued under subsection
3 (b) of this Section, the Agency or unit of local government
4 shall appear as a complainant at a hearing before the Board
5 to be conducted pursuant to Section 32 of this Act at a time
6 not less than 21 days after notice of such hearing has been
7 sent by the Board to the Agency or unit of local government
8 and the person named in the citation. In such hearings, the
9 burden of proof shall be on the Agency or unit of local
10 government. If, based on the record, the Board finds that
11 the alleged violation occurred, it shall adopt a final order
12 which shall include the administrative citation and findings
13 of violation as alleged in the citation, and shall impose the
14 penalty specified in subdivision (b)(4) or (b)(4-5) of
15 Section 42. However, if the Board finds that the person
16 appealing the citation has shown that the violation resulted
17 from uncontrollable circumstances, the Board shall adopt a
18 final order which makes no finding of violation and which
19 imposes no penalty.
20 (e) Sections 10-25 through 10-60 of the Illinois
21 Administrative Procedure Act shall not apply to any
22 administrative citation issued under subsection (b) of this
23 Section.
24 (f) The other provisions of this Section shall not apply
25 to a sanitary landfill operated by a unit of local government
26 solely for the purpose of disposing of water and sewage
27 treatment plant sludges, including necessary stabilizing
28 materials.
29 (g) All final orders issued and entered by the Board
30 pursuant to this Section shall be enforceable by injunction,
31 mandamus or other appropriate remedy, in accordance with
32 Section 42 of this Act.
33 (Source: P.A. 92-16, eff. 6-28-01.)
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1 (415 ILCS 5/42) (from Ch. 111 1/2, par. 1042)
2 Sec. 42. Civil penalties.
3 (a) Except as provided in this Section, any person that
4 violates any provision of this Act or any regulation adopted
5 by the Board, or any permit or term or condition thereof, or
6 that violates any determination or order of the Board
7 pursuant to this Act, shall be liable to a civil penalty of
8 not to exceed $50,000 for the violation and an additional
9 civil penalty of not to exceed $10,000 for each day during
10 which the violation continues; such penalties may, upon order
11 of the Board or a court of competent jurisdiction, be made
12 payable to the Environmental Protection Trust Fund, to be
13 used in accordance with the provisions of the Environmental
14 Protection Trust Fund Act.
15 (b) Notwithstanding the provisions of subsection (a) of
16 this Section:
17 (1) Any person that violates Section 12(f) of this
18 Act or any NPDES permit or term or condition thereof, or
19 any filing requirement, regulation or order relating to
20 the NPDES permit program, shall be liable to a civil
21 penalty of not to exceed $10,000 per day of violation.
22 (2) Any person that violates Section 12(g) of this
23 Act or any UIC permit or term or condition thereof, or
24 any filing requirement, regulation or order relating to
25 the State UIC program for all wells, except Class II
26 wells as defined by the Board under this Act, shall be
27 liable to a civil penalty not to exceed $2,500 per day of
28 violation; provided, however, that any person who commits
29 such violations relating to the State UIC program for
30 Class II wells, as defined by the Board under this Act,
31 shall be liable to a civil penalty of not to exceed
32 $10,000 for the violation and an additional civil penalty
33 of not to exceed $1,000 for each day during which the
34 violation continues.
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1 (3) Any person that violates Sections 21(f), 21(g),
2 21(h) or 21(i) of this Act, or any RCRA permit or term or
3 condition thereof, or any filing requirement, regulation
4 or order relating to the State RCRA program, shall be
5 liable to a civil penalty of not to exceed $25,000 per
6 day of violation.
7 (4) In an administrative citation action under
8 Section 31.1 of this Act, any person found to have
9 violated any provision of subsection (o) of Section 21 of
10 this Act shall pay a civil penalty of $500 for each
11 violation of each such provision, plus any hearing costs
12 incurred by the Board and the Agency. Such penalties
13 shall be made payable to the Environmental Protection
14 Trust Fund, to be used in accordance with the provisions
15 of the Environmental Protection Trust Fund Act; except
16 that if a unit of local government issued the
17 administrative citation, 50% of the civil penalty shall
18 be payable to the unit of local government.
19 (4.1) (4-5) In an administrative citation action
20 under Section 31.1 of this Act, any person found to have
21 violated any provision of subsection (p) of Section 21 of
22 this Act shall pay a civil penalty of $1,500 for a first
23 offense and $3,000 for a second or subsequent offense,
24 plus any hearing costs incurred by the Board and the
25 Agency. The penalties shall be deposited into the
26 Environmental Protection Trust Fund, to be used in
27 accordance with the provisions of the Environmental
28 Protection Trust Fund Act; except that if a unit of local
29 government issued the administrative citation, 50% of the
30 civil penalty shall be payable to the unit of local
31 government.
32 (4.2) In an administrative citation action under
33 Section 31.1 of this Act, a person found to have violated
34 a provision of subsection (C) of Section 10 of this Act
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1 or a rule adopted under that subsection shall pay a civil
2 penalty of $100 for a first violation, $250 for a second
3 violation, and $500 for a third or subsequent violation,
4 plus any hearing costs incurred by the Board and the
5 Agency. Such penalties shall be made payable to the
6 Environmental Permit and Inspection Fund, to be used in
7 accordance with Section 22.8 of this Act; except that if
8 a unit of local government issued the administrative
9 citation, 50% of the civil penalty shall be payable to
10 the unit of local government. The civil penalty imposed
11 by this item (4.2) is in addition to any other penalty
12 provided by law.
13 (5) Any person who violates subsection 6 of Section
14 39.5 of this Act or any CAAPP permit, or term or
15 condition thereof, or any fee or filing requirement, or
16 any duty to allow or carry out inspection, entry or
17 monitoring activities, or any regulation or order
18 relating to the CAAPP shall be liable for a civil penalty
19 not to exceed $10,000 per day of violation.
20 (6) A person who violates subsection (C) of Section
21 10 of this Act or a rule adopted by the Board under that
22 subsection shall pay a civil penalty of $100 for a first
23 violation, $250 for a second violation, and $500 for a
24 third or subsequent violation. Where such actions are
25 brought before the Board, penalties shall be payable to
26 the Environmental Permit and Inspection Fund, to be used
27 in accordance with Section 22.8 of this Act. Where such
28 actions are brought before the circuit court, penalties
29 shall be payable to the county in which the violation
30 occurred.
31 (b.5) In lieu of the penalties set forth in subsections
32 (a) and (b) of this Section, any person who fails to file, in
33 a timely manner, toxic chemical release forms with the Agency
34 pursuant to Section 25b-2 of this Act shall be liable for a
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1 civil penalty of $100 per day for each day the forms are
2 late, not to exceed a maximum total penalty of $6,000. This
3 daily penalty shall begin accruing on the thirty-first day
4 after the date that the person receives the warning notice
5 issued by the Agency pursuant to Section 25b-6 of this Act;
6 and the penalty shall be paid to the Agency. The daily
7 accrual of penalties shall cease as of January 1 of the
8 following year. All penalties collected by the Agency
9 pursuant to this subsection shall be deposited into the
10 Environmental Protection Permit and Inspection Fund.
11 (c) Any person that violates this Act, or an order or
12 other determination of the Board under this Act and causes
13 the death of fish or aquatic life shall, in addition to the
14 other penalties provided by this Act, be liable to pay to the
15 State an additional sum for the reasonable value of the fish
16 or aquatic life destroyed. Any money so recovered shall be
17 placed in the Wildlife and Fish Fund in the State Treasury.
18 (d) The penalties provided for in this Section may be
19 recovered in a civil action.
20 (e) The State's Attorney of the county in which the
21 violation occurred, or the Attorney General, may, at the
22 request of the Agency or on his own motion, institute a civil
23 action for an injunction to restrain violations of this Act.
24 (f) The State's Attorney of the county in which the
25 violation occurred, or the Attorney General, shall bring such
26 actions in the name of the people of the State of Illinois.
27 Without limiting any other authority which may exist for the
28 awarding of attorney's fees and costs, the Board or a court
29 of competent jurisdiction may award costs and reasonable
30 attorney's fees, including the reasonable costs of expert
31 witnesses and consultants, to the State's Attorney or the
32 Attorney General in a case where he has prevailed against a
33 person who has committed a wilful, knowing or repeated
34 violation of the Act.
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1 Any funds collected under this subsection (f) in which
2 the Attorney General has prevailed shall be deposited in the
3 Hazardous Waste Fund created in Section 22.2 of this Act. Any
4 funds collected under this subsection (f) in which a State's
5 Attorney has prevailed shall be retained by the county in
6 which he serves.
7 (g) All final orders imposing civil penalties pursuant
8 to this Section shall prescribe the time for payment of such
9 penalties. If any such penalty is not paid within the time
10 prescribed, interest on such penalty at the rate set forth in
11 subsection (a) of Section 1003 of the Illinois Income Tax
12 Act, shall be paid for the period from the date payment is
13 due until the date payment is received. However, if the time
14 for payment is stayed during the pendency of an appeal,
15 interest shall not accrue during such stay.
16 (h) In determining the appropriate civil penalty to be
17 imposed under subdivisions (a), (b)(1), (b)(2), (b)(3), or
18 (b)(5) of this Section, the Board is authorized to consider
19 any matters of record in mitigation or aggravation of
20 penalty, including but not limited to the following factors:
21 (1) the duration and gravity of the violation;
22 (2) the presence or absence of due diligence on the
23 part of the violator in attempting to comply with
24 requirements of this Act and regulations thereunder or to
25 secure relief therefrom as provided by this Act;
26 (3) any economic benefits accrued by the violator
27 because of delay in compliance with requirements;
28 (4) the amount of monetary penalty which will serve
29 to deter further violations by the violator and to
30 otherwise aid in enhancing voluntary compliance with this
31 Act by the violator and other persons similarly subject
32 to the Act; and
33 (5) the number, proximity in time, and gravity of
34 previously adjudicated violations of this Act by the
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1 violator.
2 (Source: P.A. 90-773, eff. 8-14-98; 91-82, eff. 1-1-00.)
3 Section 99. Effective date. This Act takes effect upon
4 becoming law.