HB3595 103RD GENERAL ASSEMBLY

LRB103 30450 CPF 56882 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3595

Introduced 2/17/2023, by Rep. Theresa Mah

SYNOPSIS AS INTRODUCED:

415 ILCS 5/3.141-5 new
415 ILCS 5/42	from Ch. 111 1/2, par. 1042
415 ILCS 5/3.141 rep.

Amends the Environmental Protection Act. Provides that, before an owner or operator may initiate demolition of a thermal power plant via implosion, the owner or operator must satisfy specified notification requirements and obtain an Agency-approved air quality plan. Provides that, at least 30 days after providing notice, an owner or operator must hold at least one public meeting within the municipality in which the site is located to discuss the proposed demolition. Contains requirements for the public meeting and the air quality plan. Requires the air quality plan to include a dust mitigation plan, contingency plan, and site cleanup plan with specified requirements. Contains other provisions. Repeals a provision regarding the notice of power plant demolition. In provisions regarding civil penalties, provides that any person who engages in demolition of a thermal power plant via implosion in violation of the Act shall be liable for a civil penalty of up to $50,000 for the first violation and up to $250,000 for a second or subsequent violation. Effective immediately.

A BILL FOR

AN ACT concerning safety.

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 adding Section 3.141-5 and by changing Section 42 as follows:

(415 ILCS 5/3.141-5 new)

Sec. 3.141-5. Power plant demolition transparency and air protection.

(a) As used in this Section:

"Air quality plan" means the air quality plan established under subsection (j).

"Demolition" means any of the following activities conducted in relation to a thermal power plant:

(1) The demolition of a smokestack.

(2) The demolition of an entire building or structure.

(3) The demolition of substantially all of the above-grade portion of a building or structure.

(4) The alteration of an existing building to permanently reduce its building area via demolition.

"Dust mitigation plan" means the dust mitigation plan required to be included in the air quality plan.

"Fugitive dust" means fugitive particulate matter or any particulate matter emitted into the atmosphere other than through a stack, provided that nothing in this definition shall exempt any emission unit from compliance with any provision of 35 Ill. Adm. Code 212 otherwise applicable merely because of the absence of a stack.

"Implosion" means the use of explosives for the demolition of buildings or other structures.

"Owner or operator" means the owner or operator of a thermal power plant and includes agents, representatives, and any persons acting on behalf of an owner or operator of the thermal power plant.

"Particulate emission potential" means the potential for particulates from existing soils at the site to be dispersed by wind or by physical disturbance as determined using the procedures described in subparagraph (C) of paragraph (3) of subsection (j).

"Recognized environmental condition" means the presence or likely presence of any hazardous substance or petroleum product on a property under conditions that indicate an existing release, a past release, or a material threat of a release of any hazardous substance or petroleum product into a structure on the property or into the ground, ground water, or surface water of the property.

"Sensitive area" means any residentially-zoned or mixed-used property with residential use, a park, a hospital, a clinic, a church, a day-care, or a school.

"Site" means real property containing a building or structure to be demolished, and all structures, equipment, and ancillary fixtures thereon, used in or to support the demolition. "Site" includes, but is not limited to, structures, buildings, scales, roadways, parking areas, queuing areas, fences, processing equipment, processing areas, staging or stockpiling areas, and monitoring stations.

"Site cleanup plan" means the site cleanup plan required in paragraph (5) of subsection (j).

"Thermal power plant" or "plant" means a facility that currently produces or has ever produced electricity using a thermal generation technology. "Thermal power plant" or "plant" includes generation facilities creating power using coal or gas as inputs. "Thermal power plant" or "plant" does not include buildings that are exclusively administrative or exclusively office buildings.

(b) Before an owner or operator may initiate demolition of a thermal power plant via implosion, the owner or operator must satisfy the notification requirements under subsection (c) and obtain an Agency-approved air quality plan as specified under subsection (j).

(c) Before an owner or operator may initiate demolition of a thermal power plant via implosion, the owner or operator must notify the public at least 60 days before the anticipated date of the implosion. Notification must be conducted through all of the following activities:

(1) Posting notices in both physical and online form in a newspaper of general circulation within 25 miles of where the thermal power plant is located. Where a newspaper is unavailable, the owner or operator may use appropriate broadcast media such as radio or television.

(2) Mailing or hand-delivering notices to the Agency and all residents within at least a one-mile radius from the property line of the thermal power plant site; the radius requirement is subject to the discretion of the Agency and may be extended dependent on site-specific characteristics including, but not limited to, surrounding area population density, method of demolition, and pollution constituents associated with the demolition site.

(3) Posting the notices on-site and in conspicuous public locations, such as grocery stores, public libraries, schools, municipal buildings, and pharmacies.

(4) Establishing and posting on a publicly accessible website that can be visited without providing login credentials and that functions as a repository, all demolition-related communications, notices, and documents as specified in subsection (e).

(5) Creating and sending alerts to phone, email, and text lists to announce the public meeting and specific demolition dates.

(6) Requesting that the Agency email the notices to the Agency's listserv, created under paragraph (7), for the plant.

(7) For each plant subject to this Act, the Agency must create and maintain a listserv. Each listserv must include the email addresses of all interested persons who notify the Agency in writing, either directly through the Agency or indirectly through the owner or operator, of the person's respective email addresses and that the person would like to receive emails of notices concerning the plant.

(d) The notice required under subsection (c) must include the following information:

(1) The owner or operator's contact information, as well as the business name of each company that will be performing the demolition in whole or in part.

(2) The date and time of the scheduled demolition.

(3) The portion of the plant that is set for demolition.

(4) The amount of demolition debris anticipated, expressed in terms of both weight and volume and categorized according to waste stream if multiple waste streams will result from the demolition, how and where it will be transported, and how and where it will ultimately be disposed of or otherwise repurposed.

(5) The date, time, and location of the public meeting required under subsection (g), along with a reference to the statute requiring the public meeting.

(6) The address of the publicly accessible website.

(7) Instructions for how to join phone, email, or text lists required under paragraph (5) of subsection (c) for future notices, public meetings, and specific demolition dates.

(e) The information posted to the website must be made available to the public on the website until 3 years after the demolition ends. The content of the notice shall be available on the home page of the website and the following information must be available through the publicly accessible website:

(1) A copy of the notice with identical content.

(2) The draft air quality plan and all documentation relied upon in making the air quality plan as described in subsection (j).

(3) The date, time, and location of the public meeting required under subsection (g), along with a reference to the statute requiring the public meeting.

(4) A description of potential demolition impacts, including, but not limited to, a list of potential contaminants in the demolition debris, broken down by major waste stream if applicable, dates, hours, and decibels of noise anticipated, and dates and hours of road closures anticipated.

(5) Information on any applicable permits issued to the plant in relation to the demolition, including county-issued or municipality-issued permits, with express instructions explaining how to access a copy of each permit, or a copy of each of the permits, if available.

(6) Whether there are any unlined CCR surface impoundments, as defined in Section 3.143, at or nearby the plant or public water sources or private wells within 2,500 feet of the plant.

(7) A detailed description of the preventative measures that will be implemented by the owner or operator to control, mitigate, or prevent from occurring any air, soil, or water pollution during the demolition.

(8) When a proposed demolition is located in a community with 10% or more non-English speaking residents, non-English versions of all of the above reflecting local language prevalence.

(f) The owner or operator shall submit proof of notification to the Agency. No earlier than one week and no less than 72 hours before the originally scheduled demolition, the owner or operator must advise the phone, email, and text lists required under paragraph (5) of subsection (c) of the upcoming demolition.

If there is a change to the date and time of a scheduled demolition, the owner or operator must update the publicly-accessible website required under paragraph (4) of subsection (c) and advise the phone, email, and text lists required under paragraph (5) of subsection (c) that the date is changing within 24 hours of the schedule change and also notice of a new planned date at least 16 hours prior to the new demolition date.

(g) At least 30 days after providing notice pursuant to this Section, an owner or operator must hold at least one public meeting within the municipality in which the site is located to discuss the proposed demolition, subject to the following rules:

(1) The public meeting must be not more than 5 miles from the site unless a suitable venue is not available within that distance.

(2) The public meeting must begin after 5:00 p.m. and be located at a venue that is accessible to persons with disabilities.

(3) The owner or operator must provide reasonable accommodations, as defined in paragraph (9) of Section 12111 of the federal Americans with Disabilities Act of 1990, 42 U.S.C. 12111(9), upon request.

(h) When a proposed demolition is located in a community with 10% or more non-English speaking residents, the owner or operator must provide translation services during the public meeting required by this Section, if requested at least 72 hours in advance of the public meeting.

(i) At the public meeting, the owner or operator must comply with the following:

(1) Present the schedule and process for the demolition, which must cover the noise, air quality, environmental, public health, and any other community impacts, such as road closures, expected from the demolition, as well as a summary of the air quality plan, including control equipment and best management practices that will be used to reduce fugitive dust.

(2) Include a question and answer portion of the meeting to allow the public to ask questions.

(3) Include a public comment portion of the meeting to allow the public to offer comments.

(4) Ensure the presence of representatives from the owner or operator or the company that will be performing the demolition in whole or in part. The representative must be qualified and knowledgeable enough to answer the questions posed by the public.

(5) The owner and operator shall engage a certified court reporter to be present at the public meeting and transcribe the entirety of the public meeting, including, but not limited to, all statements made by the owner or operator and all public comments offered at the public meeting.

(6) The owner or operator shall make the transcript of the public meeting available on the owner or operator's publicly accessible website no later than 14 days after the public meeting.

(7) The owner or operator shall create a summary of the public meeting, including issues raised by the public, and respond to all questions in writing no later than 14 days after the meeting. The owner or operator shall post the summary and responses to the owner's or operator's publicly accessible website and advise the phone, email, and text lists when the documentation is available.

(8) The public meeting shall be live-streamed in order to allow the public to watch and meaningfully participate in the meeting. The meeting shall also be recorded. The recording shall be made available on the owner's or operator's publicly accessible website.

(j) Before an owner or operator may initiate demolition of a thermal power plant via implosion, the owner or operator must establish an air quality plan that is approved by the Agency. The owner or operator shall comply with the provisions of the approved air quality plan.

The air quality plan, the transcript of the public meeting required under subsection (g), and the public meeting summary described in paragraph (7) of subsection (i) shall be submitted to the Agency no more than 45 days after the public meeting required under subsection (g).

The air quality plan shall include, but is not limited to, the following:

(1) An air dispersion modeling study using AERMOD. The study shall simulate dust propagation generated from the implosion under varying wind speeds, wind directions, and weather stability classes, such as unstable, neutral, and stable. The model shall calculate the concentrations of PM10 in the dust plume generated from the impact of the collapsed building or structure with the ground. Its results shall inform the placement of air monitors, as well as the dust mitigation plan and the site cleanup plan, and traffic management plans and the siting of protection and exclusion zones on-site and off-site. The AERMOD model shall produce the following outputs superimposed over aerial or satellite imagery:

(A) PM10 concentration contours.

(B) PM10 concentration versus time at the source, in the surrounding public way, and at sensitive areas offsite within 1,000 feet of the site.

(C) Maximum PM10 concentrations at the areas specified above.

(D) Computer generated videos for the estimated dust cloud propagation and dissipation.

(2) Air monitoring of the air upwind and downwind at the site, as well the air at sensitive areas within 1,000 feet of the site or within the plume modeled under paragraph (1), whichever distance is greater, for PM10. The monitoring shall be conducted for at least a 24-hour duration one week prior to the implosion, during the implosion, and one week following the implosion, or weekly until air monitoring confirms that the 24-hour PM10 levels are back to normal, pre-implosion levels. PM10 levels shall be considered normal when the measured PM10 levels are within the historic mean, plus or minus the standard deviation, within the last 3 years, unless the Agency has reason to believe that the site is still causing PM10 levels to be elevated. Historic PM10 data shall be based on data collected by the owner or operator from the nearest ambient air quality station operated by the Agency or other data sources approved by the Agency. The air monitoring shall comply with the following:

(A) All air monitoring data shall be published on the publicly accessible website within 4 hours after collecting the data.

(B) In conjunction with the above PM10 monitoring, air samples shall be collected at all monitored locations for analysis of: lead using NIOSH Method 7300, 7302, or 7303; asbestos fibers using NIOSH Method 7400 or 7402; silica using NIOSH Method 7500 or 7602; respirable particulates using NIOSH Method 0600; and total dust using NIOSH Method 0500. The Agency may approve alternate test methods or require the use of United States Environmental Protection Agency methods, depending on site-specific factors. The Agency may also require the air sampling of any or all hazardous substances or petroleum products for which there is a recognized environmental condition that may be emitted into the air by the implosion. The PM10 monitoring shall be conducted using instruments designated as Federal Equivalent Method (FEM) by the United States Environmental Protection Agency.

(C) The air quality plan shall also include operation, according to manufacturer's specifications, of a weather station or other permanent device to monitor and record wind speed and wind direction, along with the corresponding temperature, barometric pressure, and relative humidity at or near the site. Such readings shall be taken at an unobstructed, unsheltered area, unimpacted by the implosion, and at a minimum height of 10 meters above ground level, unless another height is appropriate pursuant to applicable United States Environmental Protection Agency protocols and guidance.

(3) A dust mitigation plan that ensures adequate precautions and use of best practices to minimize fugitive dust. The dust mitigation plan shall include, but is not limited to, the following:

(A) The following best practices:

(i) The thorough sweeping of paved surfaces using a sweeper effective at removing fine particulates.

(ii) Adequate wetting of all unpaved areas. The operator shall ensure that surficial soils within the ground impact area and 50% beyond are thoroughly saturated up to a depth of 4 inches, or otherwise treated using methods approved by the Agency, on the day of and within one hour prior to the implosion, or within the closest timeframe allowed by safety protocol.

(iii) Employing misting cannons around the building or structure or at strategic locations and elevations determined based on the results of the air dispersion modeling under paragraph (1).

(iv) Applying water to debris immediately following blast and safety clearance.

(B) Restricting traffic and operations to paved areas or stabilized surfaces. Soils exhibiting a high particulate emission potential shall be fenced off or otherwise demarcated to prevent disturbance, or shall be effectively stabilized, removed, or covered if vehicle traffic or operations will occur over these areas.

(C) Evaluation of on-site surficial soil for particulate emission potential, which shall be determined to be high based on its fines content as percent passing No. 200 sieve and optimum moisture content as percent by dry weight as follows:

(i) if the fines content is greater than or equal to 15% and the optimum moisture content is greater than or equal to 11%, the particulate emission potential is high; or

(ii) if the fines content is greater than 50%, the particulate emission potential is high.

The fines content shall be determined using ASTM D1140-17, or updates thereto, while the optimum moisture content shall be measured using ASTM D1557 or AASHTO T180-D, or updates thereto. Alternate methods may be used with prior written approval from the Agency. The results of the investigation shall be depicted on a site map showing the areas of high particulate emission potential of unpaved surfaces at the site.

(4) A contingency plan describing the contingency measures to be implemented if the above control measures fail to adequately control dust emissions. In addition, the plan must describe the steps that will be taken to verify that a dust control measure is working and, upon discovery of an inadequacy, the steps that will be taken to initiate a contingency measure.

(5) A site cleanup plan to remove dust, debris, and litter from the surrounding impacted area as expeditiously and as safely as possible to minimize disruption to the community. The site cleanup plan shall include, but is not limited to, the following:

(A) The use of a street sweeper to clean impacted paved areas. The street sweeper shall be equipped with a waterless dust suppression system comprised of vacuum assist and filtration for pickup and mitigation of potential fugitive fine particulates, and shall be PM10-certified.

(B) The cleaning of impacted parkways and private properties, with owner permission.

(C) Inspection protocols that ensure that impacted areas, including, but not limited to, public roadways adjacent to residential and public structures and utility lines, are returned to preimplosion conditions.

(D) A staffing plan and equipment list necessary to execute the cleanup.

(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 order of the Board pursuant to this Act, shall be liable for 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) 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, Section 22.38, Section 22.51, Section 22.51a, or subsection (k) of Section 55 of this Act shall pay a civil penalty of $1,500 for each violation of each such provision, plus any hearing costs incurred by the Board and the Agency, except that the civil penalty amount shall be $3,000 for each violation of any provision of subsection (p) of Section 21, Section 22.38, Section 22.51, Section 22.51a, or subsection (k) of Section 55 that is the person's second or subsequent adjudication violation of that provision. 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.

(6) Any owner or operator of a community water system that violates subsection (b) of Section 18.1 or subsection (a) of Section 25d-3 of this Act shall, for each day of violation, be liable for a civil penalty not to exceed $5 for each of the premises connected to the affected community water system.

(7) Any person who violates Section 52.5 of this Act shall be liable for a civil penalty of up to $1,000 for the first violation of that Section and a civil penalty of up to $2,500 for a second or subsequent violation of that Section.

(8) Any person who engages in demolition of a thermal power plant via implosion in violation of Section 3.141-5 of this Act shall be liable for a civil penalty of up to $50,000 for the first violation and up to $250,000 for a second or subsequent 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, any rule or regulation adopted under this Act, any permit or term or condition of a permit, or any Board order 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, prohibitory or mandatory, to restrain violations of this Act, any rule or regulation adopted under this Act, any permit or term or condition of a permit, or any Board order, or to require such other actions as may be necessary to address violations of this Act, any rule or regulation adopted under this Act, any permit or term or condition of a permit, or any Board order.

(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 willful, knowing, or repeated violation of this Act, any rule or regulation adopted under this Act, any permit or term or condition of a permit, or any Board order.

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), (b)(5), (b)(6), or (b)(7) 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 respondent 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 respondent because of delay in compliance with requirements, in which case the economic benefits shall be determined by the lowest cost alternative for achieving compliance;

(4) the amount of monetary penalty which will serve to deter further violations by the respondent and to otherwise aid in enhancing voluntary compliance with this Act by the respondent and other persons similarly subject to the Act;

(5) the number, proximity in time, and gravity of previously adjudicated violations of this Act by the respondent;

(6) whether the respondent voluntarily self-disclosed, in accordance with subsection (i) of this Section, the non-compliance to the Agency;

(7) whether the respondent has agreed to undertake a "supplemental environmental project", which means an environmentally beneficial project that a respondent agrees to undertake in settlement of an enforcement action brought under this Act, but which the respondent is not otherwise legally required to perform; and

(8) whether the respondent has successfully completed a Compliance Commitment Agreement under subsection (a) of Section 31 of this Act to remedy the violations that are the subject of the complaint.

In determining the appropriate civil penalty to be imposed under subsection (a) or paragraph (1), (2), (3), (5), (6), or (7) of subsection (b) of this Section, the Board shall ensure, in all cases, that the penalty is at least as great as the economic benefits, if any, accrued by the respondent as a result of the violation, unless the Board finds that imposition of such penalty would result in an arbitrary or unreasonable financial hardship. However, such civil penalty may be off-set in whole or in part pursuant to a supplemental environmental project agreed to by the complainant and the respondent.

(i) A person who voluntarily self-discloses non-compliance to the Agency, of which the Agency had been unaware, is entitled to a 100% reduction in the portion of the penalty that is not based on the economic benefit of non-compliance if the person can establish the following:

(1) that either the regulated entity is a small entity or the non-compliance was discovered through an environmental audit or a compliance management system documented by the regulated entity as reflecting the regulated entity's due diligence in preventing, detecting, and correcting violations;

(2) that the non-compliance was disclosed in writing within 30 days of the date on which the person discovered it;

(3) that the non-compliance was discovered and disclosed prior to:

(i) the commencement of an Agency inspection, investigation, or request for information;

(ii) notice of a citizen suit;

(iii) the filing of a complaint by a citizen, the Illinois Attorney General, or the State's Attorney of the county in which the violation occurred;

(iv) the reporting of the non-compliance by an employee of the person without that person's knowledge; or

(v) imminent discovery of the non-compliance by the Agency;

(4) that the non-compliance is being corrected and any environmental harm is being remediated in a timely fashion;

(5) that the person agrees to prevent a recurrence of the non-compliance;

(6) that no related non-compliance events have occurred in the past 3 years at the same facility or in the past 5 years as part of a pattern at multiple facilities owned or operated by the person;

(7) that the non-compliance did not result in serious actual harm or present an imminent and substantial endangerment to human health or the environment or violate the specific terms of any judicial or administrative order or consent agreement;

(8) that the person cooperates as reasonably requested by the Agency after the disclosure; and

(9) that the non-compliance was identified voluntarily and not through a monitoring, sampling, or auditing procedure that is required by statute, rule, permit, judicial or administrative order, or consent agreement.

If a person can establish all of the elements under this subsection except the element set forth in paragraph (1) of this subsection, the person is entitled to a 75% reduction in the portion of the penalty that is not based upon the economic benefit of non-compliance.

For the purposes of this subsection (i), "small entity" has the same meaning as in Section 221 of the federal Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 601).

(j) In addition to any other remedy or penalty that may apply, whether civil or criminal, any person who violates Section 22.52 of this Act shall be liable for an additional civil penalty of up to 3 times the gross amount of any pecuniary gain resulting from the violation.

(k) In addition to any other remedy or penalty that may apply, whether civil or criminal, any person who violates subdivision (a)(7.6) of Section 31 of this Act shall be liable for an additional civil penalty of $2,000.

(Source: P.A. 102-310, eff. 8-6-21.)

(415 ILCS 5/3.141 rep.)

Section 10. The Environmental Protection Act is amended by repealing Section 3.141.

Section 99. Effective date. This Act takes effect upon becoming law.