Rep. Sam Yingling

Filed: 3/8/2021

 

 


 

 


 
10200HB0418ham001LRB102 03903 CPF 23083 a

1
AMENDMENT TO HOUSE BILL 418

2    AMENDMENT NO. ______. Amend House Bill 418 on page 1, line
35, by replacing "adding" with "changing Section 42 and by
4adding"; and
 
5on page 1, immediately below line 5, by inserting the
6following:
 
7    "(415 ILCS 5/42)  (from Ch. 111 1/2, par. 1042)
8    Sec. 42. Civil penalties.
9    (a) Except as provided in this Section, any person that
10violates any provision of this Act or any regulation adopted
11by the Board, or any permit or term or condition thereof, or
12that violates any order of the Board pursuant to this Act,
13shall be liable for a civil penalty of not to exceed $50,000
14for the violation and an additional civil penalty of not to
15exceed $10,000 for each day during which the violation
16continues; such penalties may, upon order of the Board or a

 

 

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1court of competent jurisdiction, be made payable to the
2Environmental Protection Trust Fund, to be used in accordance
3with the provisions of the Environmental Protection Trust Fund
4Act.
5    (b) Notwithstanding the provisions of subsection (a) of
6this Section:
7        (1) Any person that violates Section 12(f) of this Act
8    or any NPDES permit or term or condition thereof, or any
9    filing requirement, regulation or order relating to the
10    NPDES permit program, shall be liable to a civil penalty
11    of not to exceed $10,000 per day of violation.
12        (2) Any person that violates Section 12(g) of this Act
13    or any UIC permit or term or condition thereof, or any
14    filing requirement, regulation or order relating to the
15    State UIC program for all wells, except Class II wells as
16    defined by the Board under this Act, shall be liable to a
17    civil penalty not to exceed $2,500 per day of violation;
18    provided, however, that any person who commits such
19    violations relating to the State UIC program for Class II
20    wells, as defined by the Board under this Act, shall be
21    liable to a civil penalty of not to exceed $10,000 for the
22    violation and an additional civil penalty of not to exceed
23    $1,000 for each day during which the violation continues.
24        (3) Any person that violates Sections 21(f), 21(g),
25    21(h) or 21(i) of this Act, or any RCRA permit or term or
26    condition thereof, or any filing requirement, regulation

 

 

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1    or order relating to the State RCRA program, shall be
2    liable to a civil penalty of not to exceed $25,000 per day
3    of violation.
4        (4) In an administrative citation action under Section
5    31.1 of this Act, any person found to have violated any
6    provision of subsection (o) of Section 21 of this Act
7    shall pay a civil penalty of $500 for each violation of
8    each such provision, plus any hearing costs incurred by
9    the Board and the Agency. Such penalties shall be made
10    payable to the Environmental Protection Trust Fund, to be
11    used in accordance with the provisions of the
12    Environmental Protection Trust Fund Act; except that if a
13    unit of local government issued the administrative
14    citation, 50% of the civil penalty shall be payable to the
15    unit of local government.
16        (4-5) In an administrative citation action under
17    Section 31.1 of this Act, any person found to have
18    violated any provision of subsection (p) of Section 21,
19    Section 22.51, Section 22.51a, or subsection (k) of
20    Section 55 of this Act shall pay a civil penalty of $1,500
21    for each violation of each such provision, plus any
22    hearing costs incurred by the Board and the Agency, except
23    that the civil penalty amount shall be $3,000 for each
24    violation of any provision of subsection (p) of Section
25    21, Section 22.51, Section 22.51a, or subsection (k) of
26    Section 55 that is the person's second or subsequent

 

 

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1    adjudication violation of that provision. The penalties
2    shall be deposited into the Environmental Protection Trust
3    Fund, to be used in accordance with the provisions of the
4    Environmental Protection Trust Fund Act; except that if a
5    unit of local government issued the administrative
6    citation, 50% of the civil penalty shall be payable to the
7    unit of local government.
8        (5) Any person who violates subsection 6 of Section
9    39.5 of this Act or any CAAPP permit, or term or condition
10    thereof, or any fee or filing requirement, or any duty to
11    allow or carry out inspection, entry or monitoring
12    activities, or any regulation or order relating to the
13    CAAPP shall be liable for a civil penalty not to exceed
14    $10,000 per day of violation.
15        (6) Any owner or operator of a community water system
16    that violates subsection (b) of Section 18.1 or subsection
17    (a) of Section 25d-3 of this Act shall, for each day of
18    violation, be liable for a civil penalty not to exceed $5
19    for each of the premises connected to the affected
20    community water system.
21        (7) Any person who violates Section 52.5 of this Act
22    shall be liable for a civil penalty of up to $1,000 for the
23    first violation of that Section and a civil penalty of up
24    to $2,500 for a second or subsequent violation of that
25    Section.
26        (8) Any person who violates Section 52.10 of this Act

 

 

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1    shall be liable for a civil penalty of up to $500 for the
2    first violation of that Section and a civil penalty of up
3    to $1,000 for a second or subsequent violation of that
4    Section. The release of 50 balloons or fewer at one time is
5    a single offense under that Section.
6    (b.5) In lieu of the penalties set forth in subsections
7(a) and (b) of this Section, any person who fails to file, in a
8timely manner, toxic chemical release forms with the Agency
9pursuant to Section 25b-2 of this Act shall be liable for a
10civil penalty of $100 per day for each day the forms are late,
11not to exceed a maximum total penalty of $6,000. This daily
12penalty shall begin accruing on the thirty-first day after the
13date that the person receives the warning notice issued by the
14Agency pursuant to Section 25b-6 of this Act; and the penalty
15shall be paid to the Agency. The daily accrual of penalties
16shall cease as of January 1 of the following year. All
17penalties collected by the Agency pursuant to this subsection
18shall be deposited into the Environmental Protection Permit
19and Inspection Fund.
20    (c) Any person that violates this Act, any rule or
21regulation adopted under this Act, any permit or term or
22condition of a permit, or any Board order and causes the death
23of fish or aquatic life shall, in addition to the other
24penalties provided by this Act, be liable to pay to the State
25an additional sum for the reasonable value of the fish or
26aquatic life destroyed. Any money so recovered shall be placed

 

 

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1in the Wildlife and Fish Fund in the State Treasury.
2    (d) The penalties provided for in this Section may be
3recovered in a civil action.
4    (e) The State's Attorney of the county in which the
5violation occurred, or the Attorney General, may, at the
6request of the Agency or on his own motion, institute a civil
7action for an injunction, prohibitory or mandatory, to
8restrain violations of this Act, any rule or regulation
9adopted under this Act, any permit or term or condition of a
10permit, or any Board order, or to require such other actions as
11may be necessary to address violations of this Act, any rule or
12regulation adopted under this Act, any permit or term or
13condition of a permit, or any Board order.
14    (f) The State's Attorney of the county in which the
15violation occurred, or the Attorney General, shall bring such
16actions in the name of the people of the State of Illinois.
17Without limiting any other authority which may exist for the
18awarding of attorney's fees and costs, the Board or a court of
19competent jurisdiction may award costs and reasonable
20attorney's fees, including the reasonable costs of expert
21witnesses and consultants, to the State's Attorney or the
22Attorney General in a case where he has prevailed against a
23person who has committed a willful, knowing, or repeated
24violation of this Act, any rule or regulation adopted under
25this Act, any permit or term or condition of a permit, or any
26Board order.

 

 

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1    Any funds collected under this subsection (f) in which the
2Attorney General has prevailed shall be deposited in the
3Hazardous Waste Fund created in Section 22.2 of this Act. Any
4funds collected under this subsection (f) in which a State's
5Attorney has prevailed shall be retained by the county in
6which he serves.
7    (g) All final orders imposing civil penalties pursuant to
8this Section shall prescribe the time for payment of such
9penalties. If any such penalty is not paid within the time
10prescribed, interest on such penalty at the rate set forth in
11subsection (a) of Section 1003 of the Illinois Income Tax Act,
12shall be paid for the period from the date payment is due until
13the date payment is received. However, if the time for payment
14is stayed during the pendency of an appeal, interest shall not
15accrue during such stay.
16    (h) In determining the appropriate civil penalty to be
17imposed under subdivisions (a), (b)(1), (b)(2), (b)(3),
18(b)(5), (b)(6), or (b)(7) of this Section, the Board is
19authorized to consider any matters of record in mitigation or
20aggravation of penalty, including, but not limited to, the
21following factors:
22        (1) the duration and gravity of the violation;
23        (2) the presence or absence of due diligence on the
24    part of the respondent in attempting to comply with
25    requirements of this Act and regulations thereunder or to
26    secure relief therefrom as provided by this Act;

 

 

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1        (3) any economic benefits accrued by the respondent
2    because of delay in compliance with requirements, in which
3    case the economic benefits shall be determined by the
4    lowest cost alternative for achieving compliance;
5        (4) the amount of monetary penalty which will serve to
6    deter further violations by the respondent and to
7    otherwise aid in enhancing voluntary compliance with this
8    Act by the respondent and other persons similarly subject
9    to the Act;
10        (5) the number, proximity in time, and gravity of
11    previously adjudicated violations of this Act by the
12    respondent;
13        (6) whether the respondent voluntarily self-disclosed,
14    in accordance with subsection (i) of this Section, the
15    non-compliance to the Agency;
16        (7) whether the respondent has agreed to undertake a
17    "supplemental environmental project", which means an
18    environmentally beneficial project that a respondent
19    agrees to undertake in settlement of an enforcement action
20    brought under this Act, but which the respondent is not
21    otherwise legally required to perform; and
22        (8) whether the respondent has successfully completed
23    a Compliance Commitment Agreement under subsection (a) of
24    Section 31 of this Act to remedy the violations that are
25    the subject of the complaint.
26    In determining the appropriate civil penalty to be imposed

 

 

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1under subsection (a) or paragraph (1), (2), (3), (5), (6), or
2(7) of subsection (b) of this Section, the Board shall ensure,
3in all cases, that the penalty is at least as great as the
4economic benefits, if any, accrued by the respondent as a
5result of the violation, unless the Board finds that
6imposition of such penalty would result in an arbitrary or
7unreasonable financial hardship. However, such civil penalty
8may be off-set in whole or in part pursuant to a supplemental
9environmental project agreed to by the complainant and the
10respondent.
11    (i) A person who voluntarily self-discloses non-compliance
12to the Agency, of which the Agency had been unaware, is
13entitled to a 100% reduction in the portion of the penalty that
14is not based on the economic benefit of non-compliance if the
15person can establish the following:
16        (1) that either the regulated entity is a small entity
17    or the non-compliance was discovered through an
18    environmental audit or a compliance management system
19    documented by the regulated entity as reflecting the
20    regulated entity's due diligence in preventing, detecting,
21    and correcting violations;
22        (2) that the non-compliance was disclosed in writing
23    within 30 days of the date on which the person discovered
24    it;
25        (3) that the non-compliance was discovered and
26    disclosed prior to:

 

 

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1            (i) the commencement of an Agency inspection,
2        investigation, or request for information;
3            (ii) notice of a citizen suit;
4            (iii) the filing of a complaint by a citizen, the
5        Illinois Attorney General, or the State's Attorney of
6        the county in which the violation occurred;
7            (iv) the reporting of the non-compliance by an
8        employee of the person without that person's
9        knowledge; or
10            (v) imminent discovery of the non-compliance by
11        the Agency;
12        (4) that the non-compliance is being corrected and any
13    environmental harm is being remediated in a timely
14    fashion;
15        (5) that the person agrees to prevent a recurrence of
16    the non-compliance;
17        (6) that no related non-compliance events have
18    occurred in the past 3 years at the same facility or in the
19    past 5 years as part of a pattern at multiple facilities
20    owned or operated by the person;
21        (7) that the non-compliance did not result in serious
22    actual harm or present an imminent and substantial
23    endangerment to human health or the environment or violate
24    the specific terms of any judicial or administrative order
25    or consent agreement;
26        (8) that the person cooperates as reasonably requested

 

 

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1    by the Agency after the disclosure; and
2        (9) that the non-compliance was identified voluntarily
3    and not through a monitoring, sampling, or auditing
4    procedure that is required by statute, rule, permit,
5    judicial or administrative order, or consent agreement.
6    If a person can establish all of the elements under this
7subsection except the element set forth in paragraph (1) of
8this subsection, the person is entitled to a 75% reduction in
9the portion of the penalty that is not based upon the economic
10benefit of non-compliance.
11    For the purposes of this subsection (i), "small entity"
12has the same meaning as in Section 221 of the federal Small
13Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C.
14601).
15    (j) In addition to any other remedy or penalty that may
16apply, whether civil or criminal, any person who violates
17Section 22.52 of this Act shall be liable for an additional
18civil penalty of up to 3 times the gross amount of any
19pecuniary gain resulting from the violation.
20    (k) In addition to any other remedy or penalty that may
21apply, whether civil or criminal, any person who violates
22subdivision (a)(7.6) of Section 31 of this Act shall be liable
23for an additional civil penalty of $2,000.
24(Source: P.A. 99-934, eff. 1-27-17; 100-436, eff. 8-25-17;
25100-863, eff. 8-14-18.)"; and
 

 

 

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1on page 1, line 17, by deleting "knowingly"; and
 
2by deleting lines 3 through 5 on page 2.