Rep. Theresa Mah
Filed: 2/23/2022
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1 | AMENDMENT TO HOUSE BILL 2767
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2 | AMENDMENT NO. ______. Amend House Bill 2767 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Environmental Protection Act is amended by | ||||||
5 | adding Section 3.141-5 and by changing Section 42 as follows: | ||||||
6 | (415 ILCS 5/3.141-5 new) | ||||||
7 | Sec. 3.141-5. Power plant demolition transparency and air | ||||||
8 | protection. | ||||||
9 | (a) As used in this Section: | ||||||
10 | "Air quality plan" means the air quality plan established | ||||||
11 | under subsection (j). | ||||||
12 | "Demolition" means any of the following activities | ||||||
13 | conducted in relation to a thermal power plant: | ||||||
14 | (1) The demolition of a smokestack. | ||||||
15 | (2) The demolition of an entire building or structure. | ||||||
16 | (3) The demolition of substantially all of the |
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1 | above-grade portion of a building or structure. | ||||||
2 | (4) The alteration of an existing building to | ||||||
3 | permanently reduce its building area via demolition. | ||||||
4 | "Dust mitigation plan" means the dust mitigation plan | ||||||
5 | required to be included in the air quality plan. | ||||||
6 | "Fugitive dust" means fugitive particulate matter or any | ||||||
7 | particulate matter emitted into the atmosphere other than | ||||||
8 | through a stack, provided that nothing in this definition | ||||||
9 | shall exempt any emission unit from compliance with any | ||||||
10 | provision of 35 Ill. Adm. Code 212 otherwise applicable merely | ||||||
11 | because of the absence of a stack. | ||||||
12 | "Implosion" means the use of explosives for the demolition | ||||||
13 | of buildings or other structures. | ||||||
14 | "Owner or operator" means the owner or operator of a | ||||||
15 | thermal power plant and includes agents, representatives, and | ||||||
16 | any persons acting on behalf of an owner or operator of the | ||||||
17 | thermal power plant. | ||||||
18 | "Particulate emission potential" means the potential for | ||||||
19 | particulates from existing soils at the site to be dispersed | ||||||
20 | by wind or by physical disturbance as determined using the | ||||||
21 | procedures described in subparagraph (C) of paragraph (3) of | ||||||
22 | subsection (j). | ||||||
23 | "Recognized environmental condition" means the presence or | ||||||
24 | likely presence of any hazardous substance or petroleum | ||||||
25 | product on a property under conditions that indicate an | ||||||
26 | existing release, a past release, or a material threat of a |
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1 | release of any hazardous substance or petroleum product into a | ||||||
2 | structure on the property or into the ground, ground water, or | ||||||
3 | surface water of the property. | ||||||
4 | "Sensitive area" means any residentially-zoned or | ||||||
5 | mixed-used property with residential use, a park, a hospital, | ||||||
6 | a clinic, a church, a day-care, or a school. | ||||||
7 | "Site" means real property containing a building or | ||||||
8 | structure to be demolished, and all structures, equipment, and | ||||||
9 | ancillary fixtures thereon, used in or to support the | ||||||
10 | demolition. "Site" includes, but is not limited to, | ||||||
11 | structures, buildings, scales, roadways, parking areas, | ||||||
12 | queuing areas, fences, processing equipment, processing areas, | ||||||
13 | staging or stockpiling areas, and monitoring stations. | ||||||
14 | "Site cleanup plan" means the site cleanup plan required | ||||||
15 | in paragraph (5) of subsection (j). | ||||||
16 | "Thermal power plant" or "plant" means a facility that | ||||||
17 | currently produces or has ever produced electricity using a | ||||||
18 | thermal generation technology. "Thermal power plant" or | ||||||
19 | "plant" includes, at a minimum, generation facilities creating | ||||||
20 | power using coal, gas, or nuclear fuel as inputs. "Thermal | ||||||
21 | power plant" or "plant" does not include buildings that are | ||||||
22 | exclusively administrative or exclusively office buildings. | ||||||
23 | (b) Before an owner or operator may initiate demolition of | ||||||
24 | a thermal power plant via implosion, the owner or operator | ||||||
25 | must satisfy the notification requirements under subsection | ||||||
26 | (c) and obtain an Agency-approved air quality plan as |
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1 | specified under subsection (j). | ||||||
2 | (c) Before an owner or operator may initiate demolition of | ||||||
3 | a thermal power plant via implosion, the owner or operator | ||||||
4 | must notify the public at least 60 days before the anticipated | ||||||
5 | date of the implosion. Notification must be conducted through | ||||||
6 | all of the following activities: | ||||||
7 | (1) Posting notices in both physical and online form | ||||||
8 | in a newspaper of general circulation within 25 miles of | ||||||
9 | where the thermal power plant is located. Where a | ||||||
10 | newspaper is unavailable, the owner or operator may use | ||||||
11 | appropriate broadcast media such as radio or television. | ||||||
12 | (2) Mailing or hand-delivering notices to the Agency | ||||||
13 | and all residents within at least a one-mile radius from | ||||||
14 | the property line of the thermal power plant site; the | ||||||
15 | radius requirement is subject to the discretion of the | ||||||
16 | Agency and may be extended dependent on site-specific | ||||||
17 | characteristics including, but not limited to, surrounding | ||||||
18 | area population density, method of demolition, and | ||||||
19 | pollution constituents associated with the demolition | ||||||
20 | site. | ||||||
21 | (3) Posting the notices on-site and in conspicuous | ||||||
22 | public locations, such as grocery stores, public | ||||||
23 | libraries, schools, municipal buildings, and pharmacies. | ||||||
24 | (4) Establishing and posting on a publicly accessible | ||||||
25 | website that can be visited without providing login | ||||||
26 | credentials and that functions as a repository, all |
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1 | demolition-related communications, notices, and documents | ||||||
2 | as specified in subsection (e). | ||||||
3 | (5) Creating and sending alerts to phone, email, and | ||||||
4 | text lists to announce the public meeting and specific | ||||||
5 | demolition dates. | ||||||
6 | (6) Requesting that the Agency email the notices to | ||||||
7 | the Agency's listserv, created under paragraph (7), for | ||||||
8 | the plant. | ||||||
9 | (7) For each plant subject to this Act, the Agency | ||||||
10 | must create and maintain a listserv. Each listserv must | ||||||
11 | include the email addresses of all interested persons who | ||||||
12 | notify the Agency in writing, either directly through the | ||||||
13 | Agency or indirectly through the owner or operator, of the | ||||||
14 | person's respective email addresses and that the person | ||||||
15 | would like to receive emails of notices concerning the | ||||||
16 | plant. | ||||||
17 | (d) The notice required under subsection (c) must include | ||||||
18 | the following information: | ||||||
19 | (1) The owner or operator's contact information, as | ||||||
20 | well as the business name of each company that will be | ||||||
21 | performing the demolition in whole or in part. | ||||||
22 | (2) The date and time of the scheduled demolition. | ||||||
23 | (3) The portion of the plant that is set for | ||||||
24 | demolition. | ||||||
25 | (4) The amount of demolition debris anticipated, | ||||||
26 | expressed in terms of both weight and volume and |
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1 | categorized according to waste stream if multiple waste | ||||||
2 | streams will result from the demolition, how and where it | ||||||
3 | will be transported, and how and where it will ultimately | ||||||
4 | be disposed of or otherwise repurposed. | ||||||
5 | (5) The date, time, and location of the public meeting | ||||||
6 | required under subsection (g), along with a reference to | ||||||
7 | the statute requiring the public meeting. | ||||||
8 | (6) The address of the publicly accessible website. | ||||||
9 | (7) Instructions for how to join phone, email, or text | ||||||
10 | lists required under paragraph (5) of subsection (c) for | ||||||
11 | future notices, public meetings, and specific demolition | ||||||
12 | dates. | ||||||
13 | (e) The information posted to the website must be made | ||||||
14 | available to the public on the website until 3 years after the | ||||||
15 | demolition ends. The content of the notice shall be available | ||||||
16 | on the home page of the website and the following information | ||||||
17 | must be available through the publicly accessible website: | ||||||
18 | (1) A copy of the notice with identical content. | ||||||
19 | (2) The draft air quality plan and all documentation | ||||||
20 | relied upon in making the air quality plan as described in | ||||||
21 | subsection (j). | ||||||
22 | (3) The date, time, and location of the public meeting | ||||||
23 | required under subsection (g), along with a reference to | ||||||
24 | the statute requiring the public meeting. | ||||||
25 | (4) A description of potential demolition impacts, | ||||||
26 | including, but not limited to, a list of potential |
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1 | contaminants in the demolition debris, broken down by | ||||||
2 | major waste stream if applicable, dates, hours, and | ||||||
3 | decibels of noise anticipated, and dates and hours of road | ||||||
4 | closures anticipated. | ||||||
5 | (5) Information on any applicable permits issued to | ||||||
6 | the plant in relation to the demolition, including | ||||||
7 | county-issued or municipality-issued permits, with express | ||||||
8 | instructions explaining how to access a copy of each | ||||||
9 | permit, or a copy of each of the permits, if available. | ||||||
10 | (6) Whether there are any unlined CCR surface | ||||||
11 | impoundments, as defined in Section 3.143, at or nearby | ||||||
12 | the plant or public water sources or private wells within | ||||||
13 | 2,500 feet of the plant. | ||||||
14 | (7) A detailed description of the preventative | ||||||
15 | measures that will be implemented by the owner or operator | ||||||
16 | to control, mitigate, or prevent from occurring any air, | ||||||
17 | soil, or water pollution during the demolition. | ||||||
18 | (8) When a proposed demolition is located in a | ||||||
19 | community with 10% or more non-English speaking residents, | ||||||
20 | non-English versions of all of the above reflecting local | ||||||
21 | language prevalence. | ||||||
22 | (f) The owner or operator shall submit proof of | ||||||
23 | notification to the Agency. No earlier than one week and no | ||||||
24 | less than 72 hours before the originally scheduled demolition, | ||||||
25 | the owner or operator must advise the phone, email, and text | ||||||
26 | lists required under paragraph (5) of subsection (c) of the |
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1 | upcoming demolition. | ||||||
2 | If there is a change to the date and time of a scheduled | ||||||
3 | demolition, the owner or operator must update the | ||||||
4 | publicly-accessible website required under paragraph (4) of | ||||||
5 | subsection (c) and advise the phone, email, and text lists | ||||||
6 | required under paragraph (5) of subsection (c) that the date | ||||||
7 | is changing within 24 hours of the schedule change and also | ||||||
8 | notice of a new planned date at least 16 hours prior to the new | ||||||
9 | demolition date. | ||||||
10 | (g) At least 30 days after providing notice pursuant to | ||||||
11 | this Section, an owner or operator must hold at least one | ||||||
12 | public meeting within the municipality in which the site is | ||||||
13 | located to discuss the proposed demolition, subject to the | ||||||
14 | following rules: | ||||||
15 | (1) The public meeting must be not more than 5 miles | ||||||
16 | from the site unless a suitable venue is not available | ||||||
17 | within that distance. | ||||||
18 | (2) The public meeting must begin after 5:00 p.m. and | ||||||
19 | be located at a venue that is accessible to persons with | ||||||
20 | disabilities. | ||||||
21 | (3) The owner or operator must provide reasonable | ||||||
22 | accommodations, as defined in paragraph (9) of Section | ||||||
23 | 12111 of the federal Americans with Disabilities Act of | ||||||
24 | 1990, 42 U.S.C. 12111(9), upon request. | ||||||
25 | (h) When a proposed demolition is located in a community | ||||||
26 | with 10% or more non-English speaking residents, the owner or |
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1 | operator must provide translation services during the public | ||||||
2 | meeting required by this Section, if requested at least 72 | ||||||
3 | hours in advance of the public meeting. | ||||||
4 | (i) At the public meeting, the owner or operator must | ||||||
5 | comply with the following: | ||||||
6 | (1) Present the schedule and process for the | ||||||
7 | demolition, which must cover the noise, air quality, | ||||||
8 | environmental, public health, and any other community | ||||||
9 | impacts, such as road closures, expected from the | ||||||
10 | demolition, as well as a summary of the air quality plan, | ||||||
11 | including control equipment and best management practices | ||||||
12 | that will be used to reduce fugitive dust. | ||||||
13 | (2) Include a question and answer portion of the | ||||||
14 | meeting to allow the public to ask questions. | ||||||
15 | (3) Include a public comment portion of the meeting to | ||||||
16 | allow the public to offer comments. | ||||||
17 | (4) Ensure the presence of representatives from the | ||||||
18 | owner or operator or the company that will be performing | ||||||
19 | the demolition in whole or in part. The representative | ||||||
20 | must be qualified and knowledgeable enough to answer the | ||||||
21 | questions posed by the public. | ||||||
22 | (5) The owner and operator shall engage a certified | ||||||
23 | court reporter to be present at the public meeting and | ||||||
24 | transcribe the entirety of the public meeting, including, | ||||||
25 | but not limited to, all statements made by the owner or | ||||||
26 | operator and all public comments offered at the public |
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1 | meeting. | ||||||
2 | (6) The owner or operator shall make the transcript of | ||||||
3 | the public meeting available on the owner or operator's | ||||||
4 | publicly accessible website no later than 14 days after | ||||||
5 | the public meeting. | ||||||
6 | (7) The owner or operator shall create a summary of | ||||||
7 | the public meeting, including issues raised by the public, | ||||||
8 | and respond to all questions in writing no later than 14 | ||||||
9 | days after the meeting. The owner or operator shall post | ||||||
10 | the summary and responses to the owner's or operator's | ||||||
11 | publicly accessible website and advise the phone, email, | ||||||
12 | and text lists when the documentation is available. | ||||||
13 | (8) The public meeting shall be live-streamed in order | ||||||
14 | to allow the public to watch and meaningfully participate | ||||||
15 | in the meeting. The meeting shall also be recorded. The | ||||||
16 | recording shall be made available on the owner's or | ||||||
17 | operator's publicly accessible website. | ||||||
18 | (j) Before an owner or operator may initiate demolition of | ||||||
19 | a thermal power plant via implosion, the owner or operator | ||||||
20 | must establish an air quality plan that is approved by the | ||||||
21 | Agency. The owner or operator shall comply with the provisions | ||||||
22 | of the approved air quality plan. | ||||||
23 | The air quality plan, the transcript of the public meeting | ||||||
24 | required under subsection (g), and the public meeting summary | ||||||
25 | described in paragraph (7) of subsection (i) shall be | ||||||
26 | submitted to the Agency no more than 45 days after the public |
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1 | meeting required under subsection (g). | ||||||
2 | The air quality plan shall include, but is not limited to, | ||||||
3 | the following: | ||||||
4 | (1) An air dispersion modeling study using AERMOD. The | ||||||
5 | study shall simulate dust propagation generated from the | ||||||
6 | implosion under varying wind speeds, wind directions, and | ||||||
7 | weather stability classes, such as unstable, neutral, and | ||||||
8 | stable. The model shall calculate the concentrations of | ||||||
9 | PM10 in the dust plume generated from the impact of the | ||||||
10 | collapsed building or structure with the ground. Its | ||||||
11 | results shall inform the placement of air monitors, as | ||||||
12 | well as the dust mitigation plan and the site cleanup | ||||||
13 | plan, and traffic management plans and the siting of | ||||||
14 | protection and exclusion zones on-site and off-site. The | ||||||
15 | AERMOD model shall produce the following outputs | ||||||
16 | superimposed over aerial or satellite imagery: | ||||||
17 | (A) PM10 concentration contours. | ||||||
18 | (B) PM10 concentration versus time at the source, | ||||||
19 | in the surrounding public way, and at sensitive areas | ||||||
20 | offsite within 1,000 feet of the site. | ||||||
21 | (C) Maximum PM10 concentrations at the areas | ||||||
22 | specified above. | ||||||
23 | (D) Computer generated videos for the estimated | ||||||
24 | dust cloud propagation and dissipation. | ||||||
25 | (2) Air monitoring of the air upwind and downwind at | ||||||
26 | the site, as well the air at sensitive areas within 1,000 |
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1 | feet of the site or within the plume modeled under | ||||||
2 | paragraph (1), whichever distance is greater, for PM10. | ||||||
3 | The monitoring shall be conducted for at least a 24-hour | ||||||
4 | duration one week prior to the implosion, during the | ||||||
5 | implosion, and one week following the implosion, or weekly | ||||||
6 | until air monitoring confirms that the 24-hour PM10 levels | ||||||
7 | are back to normal, pre-implosion levels. PM10 levels | ||||||
8 | shall be considered normal when the measured PM10 levels | ||||||
9 | are within the historic mean, plus or minus the standard | ||||||
10 | deviation, within the last 3 years, unless the Agency has | ||||||
11 | reason to believe that the site is still causing PM10 | ||||||
12 | levels to be elevated. Historic PM10 data shall be based | ||||||
13 | on data collected by the owner or operator from the | ||||||
14 | nearest ambient air quality station operated by the Agency | ||||||
15 | or other data sources approved by the Agency. The air | ||||||
16 | monitoring shall comply with the following: | ||||||
17 | (A) All air monitoring data shall be published on | ||||||
18 | the publicly accessible website within 4 hours after | ||||||
19 | collecting the data. | ||||||
20 | (B) In conjunction with the above PM10 monitoring, | ||||||
21 | air samples shall be collected at all monitored | ||||||
22 | locations for analysis of: lead using NIOSH Method | ||||||
23 | 7300, 7302, or 7303; asbestos fibers using NIOSH | ||||||
24 | Method 7400 or 7402; silica using NIOSH Method 7500 or | ||||||
25 | 7602; respirable particulates using NIOSH Method 0600; | ||||||
26 | and total dust using NIOSH Method 0500. The Agency may |
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1 | approve alternate test methods or require the use of | ||||||
2 | United States Environmental Protection Agency methods, | ||||||
3 | depending on site-specific factors. The Agency may | ||||||
4 | also require the air sampling of any or all hazardous | ||||||
5 | substances or petroleum products for which there is a | ||||||
6 | recognized environmental condition that may be emitted | ||||||
7 | into the air by the implosion. The PM10 monitoring | ||||||
8 | shall be conducted using instruments designated as | ||||||
9 | Federal Equivalent Method (FEM) by the United States | ||||||
10 | Environmental Protection Agency. | ||||||
11 | (C) The air quality plan shall also include | ||||||
12 | operation, according to manufacturer's specifications, | ||||||
13 | of a weather station or other permanent device to | ||||||
14 | monitor and record wind speed and wind direction, | ||||||
15 | along with the corresponding temperature, barometric | ||||||
16 | pressure, and relative humidity at or near the site. | ||||||
17 | Such readings shall be taken at an unobstructed, | ||||||
18 | unsheltered area, unimpacted by the implosion, and at | ||||||
19 | a minimum height of 10 meters above ground level, | ||||||
20 | unless another height is appropriate pursuant to | ||||||
21 | applicable United States Environmental Protection | ||||||
22 | Agency protocols and guidance. | ||||||
23 | (3) A dust mitigation plan that ensures adequate | ||||||
24 | precautions and use of best practices to minimize fugitive | ||||||
25 | dust. The dust mitigation plan shall include, but is not | ||||||
26 | limited to, the following: |
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1 | (A) The following best practices: | ||||||
2 | (i) The thorough sweeping of paved surfaces | ||||||
3 | using a sweeper effective at removing fine | ||||||
4 | particulates. | ||||||
5 | (ii) Adequate wetting of all unpaved areas. | ||||||
6 | The operator shall ensure that surficial soils | ||||||
7 | within the ground impact area and 50% beyond are | ||||||
8 | thoroughly saturated up to a depth of 4 inches, or | ||||||
9 | otherwise treated using methods approved by the | ||||||
10 | Agency, on the day of and within one hour prior to | ||||||
11 | the implosion, or within the closest timeframe | ||||||
12 | allowed by safety protocol. | ||||||
13 | (iii) Employing misting cannons around the | ||||||
14 | building or structure or at strategic locations | ||||||
15 | and elevations determined based on the results of | ||||||
16 | the air dispersion modeling under paragraph (1). | ||||||
17 | (iv) Applying water to debris immediately | ||||||
18 | following blast and safety clearance. | ||||||
19 | (B) Restricting traffic and operations to paved | ||||||
20 | areas or stabilized surfaces. Soils exhibiting a high | ||||||
21 | particulate emission potential shall be fenced off or | ||||||
22 | otherwise demarcated to prevent disturbance, or shall | ||||||
23 | be effectively stabilized, removed, or covered if | ||||||
24 | vehicle traffic or operations will occur over these | ||||||
25 | areas. | ||||||
26 | (C) Evaluation of on-site surficial soil for |
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1 | particulate emission potential, which shall be | ||||||
2 | determined to be high based on its fines content as | ||||||
3 | percent passing No. 200 sieve and optimum moisture | ||||||
4 | content as percent by dry weight as follows: | ||||||
5 | (i) if the fines content is greater than or | ||||||
6 | equal to 15% and the optimum moisture content is | ||||||
7 | greater than or equal to 11%, the particulate | ||||||
8 | emission potential is high; or | ||||||
9 | (ii) if the fines content is greater than 50%, | ||||||
10 | the particulate emission potential is high. | ||||||
11 | The fines content shall be determined using ASTM | ||||||
12 | D1140-17, or updates thereto, while the optimum | ||||||
13 | moisture content shall be measured using ASTM D1557 or | ||||||
14 | AASHTO T180-D, or updates thereto. Alternate methods | ||||||
15 | may be used with prior written approval from the | ||||||
16 | Agency. The results of the investigation shall be | ||||||
17 | depicted on a site map showing the areas of high | ||||||
18 | particulate emission potential of unpaved surfaces at | ||||||
19 | the site. | ||||||
20 | (4) A contingency plan describing the contingency | ||||||
21 | measures to be implemented if the above control measures | ||||||
22 | fail to adequately control dust emissions. In addition, | ||||||
23 | the plan must describe the steps that will be taken to | ||||||
24 | verify that a dust control measure is working and, upon | ||||||
25 | discovery of an inadequacy, the steps that will be taken | ||||||
26 | to initiate a contingency measure. |
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1 | (5) A site cleanup plan to remove dust, debris, and | ||||||
2 | litter from the surrounding impacted area as expeditiously | ||||||
3 | and as safely as possible to minimize disruption to the | ||||||
4 | community. The site cleanup plan shall include, but is not | ||||||
5 | limited to, the following: | ||||||
6 | (A) The use of a street sweeper to clean impacted | ||||||
7 | paved areas. The street sweeper shall be equipped with | ||||||
8 | a waterless dust suppression system comprised of | ||||||
9 | vacuum assist and filtration for pickup and mitigation | ||||||
10 | of potential fugitive fine particulates, and shall be | ||||||
11 | PM10-certified. | ||||||
12 | (B) The cleaning of impacted parkways and private | ||||||
13 | properties, with owner permission. | ||||||
14 | (C) Inspection protocols that ensure that impacted | ||||||
15 | areas, including, but not limited to, public roadways | ||||||
16 | adjacent to residential and public structures and | ||||||
17 | utility lines, are returned to preimplosion | ||||||
18 | conditions. | ||||||
19 | (D) A staffing plan and equipment list necessary | ||||||
20 | to execute the cleanup. | ||||||
21 | (415 ILCS 5/42) (from Ch. 111 1/2, par. 1042) | ||||||
22 | Sec. 42. Civil penalties. | ||||||
23 | (a) Except as provided in this Section, any person that | ||||||
24 | violates any
provision of this Act or any regulation adopted | ||||||
25 | by the Board, or any permit
or term or condition thereof, or |
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1 | that violates any order of the Board pursuant
to this Act, | ||||||
2 | shall be liable for a civil penalty of not to exceed
$50,000 | ||||||
3 | for the violation and an additional civil penalty of not to | ||||||
4 | exceed
$10,000 for each day during which the violation | ||||||
5 | continues; such penalties may,
upon order of the Board or a | ||||||
6 | court of competent jurisdiction, be made payable
to the | ||||||
7 | Environmental Protection Trust Fund, to be used in accordance | ||||||
8 | with the
provisions of the Environmental Protection Trust Fund | ||||||
9 | Act. | ||||||
10 | (b) Notwithstanding the provisions of subsection (a) of | ||||||
11 | this Section: | ||||||
12 | (1) Any person that violates Section 12(f) of this Act | ||||||
13 | or any
NPDES permit or term or condition thereof, or any | ||||||
14 | filing requirement,
regulation or order relating to the | ||||||
15 | NPDES permit program, shall be liable
to a civil penalty | ||||||
16 | of not to exceed $10,000 per day of violation. | ||||||
17 | (2) Any person that violates Section 12(g) of this Act | ||||||
18 | or any UIC permit
or term or condition thereof, or any | ||||||
19 | filing requirement, regulation or order
relating to the | ||||||
20 | State UIC program for all wells, except Class II wells as
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21 | defined by the Board under this Act, shall be liable to a | ||||||
22 | civil penalty
not to exceed $2,500 per day of violation; | ||||||
23 | provided, however, that any person
who commits such | ||||||
24 | violations relating to the State UIC program for Class
II | ||||||
25 | wells, as defined by the Board under this Act, shall be | ||||||
26 | liable to a civil
penalty of not to exceed $10,000 for the |
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1 | violation and an additional civil
penalty of not to exceed | ||||||
2 | $1,000 for each day during which the violation
continues. | ||||||
3 | (3) Any person that violates Sections 21(f), 21(g), | ||||||
4 | 21(h) or 21(i) of
this Act, or any RCRA permit or term or | ||||||
5 | condition thereof, or any filing
requirement, regulation | ||||||
6 | or order relating to the State RCRA program, shall
be | ||||||
7 | liable to a civil penalty of not to exceed $25,000 per day | ||||||
8 | of violation. | ||||||
9 | (4)
In an administrative citation action under Section | ||||||
10 | 31.1 of this Act,
any person found to have violated any | ||||||
11 | provision of subsection (o) of
Section 21 of this Act | ||||||
12 | shall pay a civil penalty of $500 for each
violation of | ||||||
13 | each such provision, plus any hearing costs incurred by | ||||||
14 | the Board
and the Agency. Such penalties shall be made | ||||||
15 | payable to the Environmental
Protection Trust Fund, to be | ||||||
16 | used in accordance with the provisions of the
| ||||||
17 | Environmental Protection Trust Fund Act; except that if a | ||||||
18 | unit of local
government issued the administrative | ||||||
19 | citation, 50% of the civil penalty shall
be payable to the | ||||||
20 | unit of local government. | ||||||
21 | (4-5) In an administrative citation action under | ||||||
22 | Section 31.1 of this
Act, any person found to have | ||||||
23 | violated any
provision of subsection (p) of
Section 21, | ||||||
24 | Section 22.38, Section 22.51, Section 22.51a, or | ||||||
25 | subsection (k) of Section 55 of this Act shall pay a civil | ||||||
26 | penalty of $1,500 for each violation
of
each such |
| |||||||
| |||||||
1 | provision, plus any hearing costs incurred by the Board | ||||||
2 | and the
Agency, except that the civil penalty amount shall | ||||||
3 | be $3,000 for
each violation of any provision of | ||||||
4 | subsection (p) of Section 21, Section 22.38, Section | ||||||
5 | 22.51, Section 22.51a, or subsection (k) of Section 55 | ||||||
6 | that is the
person's second or subsequent adjudication | ||||||
7 | violation of that
provision. The penalties shall be | ||||||
8 | deposited into the
Environmental Protection Trust Fund, to | ||||||
9 | be used in accordance with the
provisions of the | ||||||
10 | Environmental Protection Trust Fund Act; except that if a
| ||||||
11 | unit of local government issued the administrative | ||||||
12 | citation, 50% of the civil
penalty shall be payable to the | ||||||
13 | unit of local government. | ||||||
14 | (5) Any person who violates subsection 6 of Section | ||||||
15 | 39.5 of this Act
or any CAAPP permit, or term or condition | ||||||
16 | thereof, or any fee or filing
requirement, or any duty to | ||||||
17 | allow or carry out inspection, entry or
monitoring | ||||||
18 | activities, or any regulation or order relating to the | ||||||
19 | CAAPP
shall be liable for a civil penalty not to exceed | ||||||
20 | $10,000 per day of violation. | ||||||
21 | (6) Any owner or operator of a community water system | ||||||
22 | that violates subsection (b) of Section 18.1 or subsection | ||||||
23 | (a) of Section 25d-3 of this Act shall, for each day of | ||||||
24 | violation, be liable for a civil penalty not to exceed $5 | ||||||
25 | for each of the premises connected to the affected | ||||||
26 | community water system. |
| |||||||
| |||||||
1 | (7) Any person who violates Section 52.5 of this Act | ||||||
2 | shall be liable for a civil penalty of up to $1,000 for the | ||||||
3 | first violation of that Section and a civil penalty of up | ||||||
4 | to $2,500 for a second or subsequent violation of that | ||||||
5 | Section. | ||||||
6 | (8) Any person who engages in demolition of a thermal | ||||||
7 | power plant via implosion in violation of Section 3.141-5 | ||||||
8 | of this Act shall be liable for a civil penalty of up to | ||||||
9 | $50,000 for the first violation and up to $250,000 for a | ||||||
10 | second or subsequent violation. | ||||||
11 | (b.5) In lieu of the penalties set forth in subsections | ||||||
12 | (a) and (b) of
this Section, any person who fails to file, in a | ||||||
13 | timely manner, toxic
chemical release forms with the Agency | ||||||
14 | pursuant to Section 25b-2
of this Act
shall be liable for a | ||||||
15 | civil penalty of $100 per day for
each day the forms are
late, | ||||||
16 | not to exceed a maximum total penalty of $6,000. This daily | ||||||
17 | penalty
shall begin accruing on the thirty-first day after the
| ||||||
18 | date that the person receives the warning notice issued by the | ||||||
19 | Agency pursuant
to Section 25b-6 of this Act; and the penalty | ||||||
20 | shall be paid to the Agency. The
daily accrual of penalties | ||||||
21 | shall cease as of January 1 of the following year.
All | ||||||
22 | penalties collected by the Agency pursuant to this subsection | ||||||
23 | shall be
deposited into the Environmental Protection Permit | ||||||
24 | and Inspection Fund. | ||||||
25 | (c) Any person that violates this Act, any rule or | ||||||
26 | regulation adopted under
this Act, any permit or term or |
| |||||||
| |||||||
1 | condition of a permit, or any Board order and
causes the death | ||||||
2 | of fish
or aquatic life shall, in addition to the other | ||||||
3 | penalties provided by
this Act, be liable to pay to the State | ||||||
4 | an additional sum for the
reasonable value of the fish or | ||||||
5 | aquatic life destroyed. Any money so
recovered shall be placed | ||||||
6 | in the Wildlife and Fish Fund in the State
Treasury. | ||||||
7 | (d) The penalties provided for in this Section may be | ||||||
8 | recovered in a
civil action. | ||||||
9 | (e) The State's Attorney of the county in which the | ||||||
10 | violation
occurred, or the Attorney General, may, at the | ||||||
11 | request of the Agency or
on his own motion, institute a civil | ||||||
12 | action for an injunction, prohibitory or mandatory, to
| ||||||
13 | restrain violations of this Act, any rule or regulation | ||||||
14 | adopted under this Act,
any permit or term or condition of a | ||||||
15 | permit, or any Board order, or to require such other actions as | ||||||
16 | may be necessary to address violations of this Act, any rule or | ||||||
17 | regulation adopted under this Act, any permit or term or | ||||||
18 | condition of a permit, or any Board order. | ||||||
19 | (f) The State's Attorney of the county in which the | ||||||
20 | violation
occurred, or the Attorney General, shall bring such | ||||||
21 | actions in the name
of the people of the State of Illinois.
| ||||||
22 | Without limiting any other authority which may exist for the | ||||||
23 | awarding
of attorney's fees and costs, the Board or a court of | ||||||
24 | competent
jurisdiction may award costs and reasonable | ||||||
25 | attorney's fees, including the
reasonable costs of expert | ||||||
26 | witnesses and consultants, to the State's
Attorney or the |
| |||||||
| |||||||
1 | Attorney General in a case where he has prevailed against a
| ||||||
2 | person who has committed a willful, knowing, or repeated | ||||||
3 | violation of this Act,
any rule or regulation adopted under | ||||||
4 | this Act, any permit or term or condition
of a permit, or any | ||||||
5 | Board order. | ||||||
6 | Any funds collected under this subsection (f) in which the | ||||||
7 | Attorney
General has prevailed shall be deposited in the
| ||||||
8 | Hazardous Waste Fund created in Section 22.2 of this Act. Any | ||||||
9 | funds
collected under this subsection (f) in which a State's | ||||||
10 | Attorney has
prevailed shall be retained by the county in | ||||||
11 | which he serves. | ||||||
12 | (g) All final orders imposing civil penalties pursuant to | ||||||
13 | this Section
shall prescribe the time for payment of such | ||||||
14 | penalties. If any such
penalty is not paid within the time | ||||||
15 | prescribed, interest on such penalty
at the rate set forth in | ||||||
16 | subsection (a) of Section 1003 of the Illinois Income
Tax Act, | ||||||
17 | shall be paid for the period from the date payment is due until | ||||||
18 | the
date payment is received. However, if the time for payment | ||||||
19 | is stayed during
the pendency of an appeal, interest shall not | ||||||
20 | accrue during such stay. | ||||||
21 | (h) In determining the appropriate civil penalty to be | ||||||
22 | imposed under
subdivisions (a), (b)(1), (b)(2), (b)(3), | ||||||
23 | (b)(5), (b)(6), or (b)(7) of this
Section, the Board is | ||||||
24 | authorized to consider any matters of record in
mitigation or | ||||||
25 | aggravation of penalty, including, but not limited to, the
| ||||||
26 | following factors: |
| |||||||
| |||||||
1 | (1) the duration and gravity of the violation; | ||||||
2 | (2) the presence or absence of due diligence on the | ||||||
3 | part of the
respondent in attempting to comply with | ||||||
4 | requirements of this
Act and regulations thereunder or to | ||||||
5 | secure relief therefrom as provided by
this Act; | ||||||
6 | (3) any economic benefits accrued by the respondent
| ||||||
7 | because of delay in compliance with requirements, in which | ||||||
8 | case the economic
benefits shall be determined by the | ||||||
9 | lowest cost alternative for achieving
compliance; | ||||||
10 | (4) the amount of monetary penalty which will serve to | ||||||
11 | deter further
violations by the respondent and to | ||||||
12 | otherwise aid in enhancing
voluntary
compliance with this | ||||||
13 | Act by the respondent and other persons
similarly
subject | ||||||
14 | to the Act; | ||||||
15 | (5) the number, proximity in time, and gravity of | ||||||
16 | previously
adjudicated violations of this Act by the | ||||||
17 | respondent; | ||||||
18 | (6) whether the respondent voluntarily self-disclosed, | ||||||
19 | in accordance
with subsection (i) of this Section, the | ||||||
20 | non-compliance to the Agency; | ||||||
21 | (7) whether the respondent has agreed to undertake a | ||||||
22 | "supplemental
environmental project", which means an | ||||||
23 | environmentally beneficial project that
a respondent | ||||||
24 | agrees to undertake in settlement of an enforcement action | ||||||
25 | brought
under this Act, but which the respondent is not | ||||||
26 | otherwise legally required to
perform; and |
| |||||||
| |||||||
1 | (8) whether the respondent has successfully completed | ||||||
2 | a Compliance Commitment Agreement under subsection (a) of | ||||||
3 | Section 31 of this Act to remedy the violations that are | ||||||
4 | the subject of the complaint. | ||||||
5 | In determining the appropriate civil penalty to be imposed | ||||||
6 | under subsection
(a) or paragraph (1), (2), (3), (5), (6), or | ||||||
7 | (7) of subsection (b) of this Section, the
Board shall ensure, | ||||||
8 | in all cases, that the penalty is at least as great as the
| ||||||
9 | economic benefits, if any, accrued by the respondent as a | ||||||
10 | result of the
violation, unless the Board finds that | ||||||
11 | imposition of such penalty would result
in an arbitrary or | ||||||
12 | unreasonable financial hardship. However, such civil
penalty
| ||||||
13 | may be off-set in whole or in part pursuant to a supplemental
| ||||||
14 | environmental project agreed to by the complainant and the | ||||||
15 | respondent. | ||||||
16 | (i) A person who voluntarily self-discloses non-compliance | ||||||
17 | to the Agency,
of which the Agency had been unaware, is | ||||||
18 | entitled to a 100% reduction in the
portion of the penalty that | ||||||
19 | is not based on the economic benefit of
non-compliance if the | ||||||
20 | person can
establish the following: | ||||||
21 | (1) that either the regulated entity is a small entity | ||||||
22 | or the non-compliance was discovered through an | ||||||
23 | environmental
audit or a compliance management system | ||||||
24 | documented by the regulated entity as
reflecting the | ||||||
25 | regulated entity's due diligence in preventing, detecting, | ||||||
26 | and
correcting violations; |
| |||||||
| |||||||
1 | (2) that the non-compliance was disclosed in writing | ||||||
2 | within 30 days of
the date on which the person discovered | ||||||
3 | it; | ||||||
4 | (3) that the non-compliance was discovered and | ||||||
5 | disclosed prior to: | ||||||
6 | (i) the commencement of an Agency inspection, | ||||||
7 | investigation, or request
for information; | ||||||
8 | (ii) notice of a citizen suit; | ||||||
9 | (iii) the filing of a complaint by a citizen, the | ||||||
10 | Illinois Attorney
General, or the State's Attorney of | ||||||
11 | the county in which the violation occurred; | ||||||
12 | (iv) the reporting of the non-compliance by an | ||||||
13 | employee of the person
without that person's | ||||||
14 | knowledge; or | ||||||
15 | (v) imminent discovery of the non-compliance by | ||||||
16 | the Agency; | ||||||
17 | (4) that the non-compliance is being corrected and any | ||||||
18 | environmental
harm is being remediated in a timely | ||||||
19 | fashion; | ||||||
20 | (5) that the person agrees to prevent a recurrence of | ||||||
21 | the non-compliance; | ||||||
22 | (6) that no related non-compliance events have | ||||||
23 | occurred in the
past 3 years at the same facility or in the | ||||||
24 | past 5 years as part of a
pattern at multiple facilities | ||||||
25 | owned or operated by the person; | ||||||
26 | (7) that the non-compliance did not result in serious |
| |||||||
| |||||||
1 | actual
harm or present an imminent and substantial | ||||||
2 | endangerment to human
health or the environment or violate | ||||||
3 | the specific terms of any judicial or
administrative order | ||||||
4 | or consent agreement; | ||||||
5 | (8) that the person cooperates as reasonably requested | ||||||
6 | by the Agency
after the disclosure; and | ||||||
7 | (9) that the non-compliance was identified voluntarily | ||||||
8 | and not through a
monitoring, sampling, or auditing | ||||||
9 | procedure that is required by statute, rule,
permit, | ||||||
10 | judicial or administrative order, or consent agreement. | ||||||
11 | If a person can establish all of the elements under this | ||||||
12 | subsection except
the element set forth in paragraph (1) of | ||||||
13 | this subsection, the person is
entitled to a 75% reduction in | ||||||
14 | the portion of the penalty that is not based
upon the economic | ||||||
15 | benefit of non-compliance. | ||||||
16 | For the purposes of this subsection (i), "small entity" | ||||||
17 | has the same meaning as in Section 221 of the federal Small | ||||||
18 | Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. | ||||||
19 | 601). | ||||||
20 | (j) In addition to any other remedy or penalty that may
| ||||||
21 | apply, whether civil or criminal, any person who violates | ||||||
22 | Section 22.52 of this Act shall be liable for an additional | ||||||
23 | civil penalty of up to 3 times the gross amount of any | ||||||
24 | pecuniary gain resulting from the violation.
| ||||||
25 | (k) In addition to any other remedy or penalty that may | ||||||
26 | apply, whether civil or criminal, any person who violates |
| |||||||
| |||||||
1 | subdivision (a)(7.6) of Section 31 of this Act shall be liable | ||||||
2 | for an additional civil penalty of $2,000. | ||||||
3 | (Source: P.A. 102-310, eff. 8-6-21.) | ||||||
4 | (415 ILCS 5/3.141 rep.) | ||||||
5 | Section 10. The Environmental Protection Act is amended by | ||||||
6 | repealing Section 3.141.
| ||||||
7 | Section 99. Effective date. This Act takes effect upon | ||||||
8 | becoming law.".
|