093_HB0370

 
                                     LRB093 05596 AMC 05689 b

 1        AN ACT to concerning environmental safety.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5. The Environmental Protection Act is amended by
 5    changing Sections 9, 10, 31.1, and 42 as follows:

 6        (415 ILCS 5/9) (from Ch. 111 1/2, par. 1009)
 7        Sec. 9.  Acts prohibited.  No person shall:
 8        (a)  Cause or threaten or allow the discharge or emission
 9    of any contaminant into the environment in any State so as to
10    cause or tend to cause  air  pollution  in  Illinois,  either
11    alone or in combination with contaminants from other sources,
12    or  so  as to violate regulations or standards adopted by the
13    Board under this Act;
14        (b)  Construct,  install,  or  operate   any   equipment,
15    facility,  vehicle, vessel, or aircraft capable of causing or
16    contributing to air pollution  or  designed  to  prevent  air
17    pollution,  of  any  type  designated  by  Board regulations,
18    without a permit granted by the Agency, or  in  violation  of
19    any conditions imposed by such permit;
20        (c)  Cause  or  allow the open burning of refuse, conduct
21    any salvage operation by open burning, or cause or allow  the
22    burning  of  any  refuse  in  any  chamber  not  specifically
23    permitted designed for the purpose and approved by the Agency
24    pursuant  to regulations adopted by the Board under this Act;
25    except that the Board may adopt regulations  permitting  open
26    burning  of  refuse  in  certain cases upon a finding that no
27    harm will result from such burning, or that  any  alternative
28    method  of  disposing  of  such  refuse would create a safety
29    hazard so extreme as to  justify  the  pollution  that  would
30    result from such burning;
31        (d)  Sell, offer, or use any fuel or other article in any
 
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 1    areas  in  which the Board may by regulation forbid its sale,
 2    offer, or use for  reasons  of  air  pollution  air-pollution
 3    control;
 4        (e)  Use,  cause  or allow the spraying of loose asbestos
 5    for the purpose of fireproofing or insulating any building or
 6    building material or other constructions,  or  otherwise  use
 7    asbestos  in  such  unconfined  manner  as to permit asbestos
 8    fibers or particles to pollute the air;
 9        (f)  Commencing July 1,  1985,  sell  any  used  oil  for
10    burning  or incineration in any incinerator, boiler, furnace,
11    burner or other equipment unless  such  oil  meets  standards
12    based  on  virgin  fuel  oil or re-refined oil, as defined in
13    ASTM D-396  or  specifications  under  VV-F-815C  promulgated
14    pursuant  to  the federal Energy Policy and Conservation Act,
15    and meets the manufacturer's and current NFDA code  standards
16    for  which such incinerator, boiler, furnace, burner or other
17    equipment was approved, except that this prohibition does not
18    apply to a sale  to  a  permitted  used  oil  re-refining  or
19    reprocessing  facility or sale to a facility permitted by the
20    Agency to burn or incinerate such oil.
21        Nothing herein shall limit the effect of any  section  of
22    this  Title  with  respect  to  any  form of asbestos, or the
23    spraying of any form of asbestos, or limit the power  of  the
24    Board  under  this  Title  to  adopt  additional  and further
25    regulations with respect to any  form  of  asbestos,  or  the
26    spraying of any form of asbestos.
27        Except  as provided in subsection (C) of Section 10, this
28    Section shall not limit the burning of landscape  waste  upon
29    the  premises  where  it is produced or at sites provided and
30    supervised by any unit of local government, except within any
31    county having a population of more than 400,000.  Nothing  in
32    this  Section shall be construed to prohibit the open burning
33    of landscape waste for agricultural purposes  (including  but
34    not  limited  to  the  open  burning  of  landscape  waste by
 
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 1    production nurseries and the open burning of landscape  waste
 2    generated  on a farm), habitat management purposes (including
 3    but not  limited  to  forest  and  prairie  reclamation),  or
 4    firefighter  training.   For the purposes of this subsection,
 5    "farm" has the same meaning as  under  Section  1-60  of  the
 6    Property  Tax  Code  Act,  the  burning of landscape waste by
 7    production nurseries shall be considered to  be  burning  for
 8    agricultural purposes.
 9        Any  grain elevator located outside of a major population
10    area, as defined in Section  211.3610  of  Title  35  of  the
11    Illinois  Administrative  Code,  shall  be  exempt  from  the
12    requirements  of  Section 212.462 of Title 35 of the Illinois
13    Administrative Code provided that the elevator:  (1) does not
14    violate the prohibitions of subsection (a) of this Section or
15    have a certified investigation, as defined in Section 211.970
16    of Title 35 of the Illinois Administrative Code, on file with
17    the Agency and (2) is not required to obtain a Clean Air  Act
18    Permit    Program    permit   pursuant   to   Section   39.5.
19    Notwithstanding the above exemption,  new  stationary  source
20    performance   standards   for  grain  elevators,  established
21    pursuant to Section 9.1 of this Act and Section  111  of  the
22    federal  Clean  Air  Act,  shall  continue  to apply to grain
23    elevators.
24    (Source: P.A. 88-488;  89-328,  eff.  8-17-95;  89-491,  eff.
25    6-21-96.)

26        (415 ILCS 5/10) (from Ch. 111 1/2, par. 1010)
27        Sec. 10.  Rules Regulations.
28        (A)  The  Board,  pursuant  to  procedures  prescribed in
29    Title VII of this Act, may adopt regulations to  promote  the
30    purposes  of  this  Title. Without limiting the generality of
31    this authority,  such  regulations  may  among  other  things
32    prescribe:
33             (a)  Ambient  air  quality  standards specifying the
 
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 1        maximum    permissible    short-term    and     long-term
 2        concentrations of various contaminants in the atmosphere;
 3             (b)  Emission   standards   specifying  the  maximum
 4        amounts or concentrations of  various  contaminants  that
 5        may be discharged into the atmosphere;
 6             (c)  Standards  for  the  issuance  of  permits  for
 7        construction,   installation,   or   operation   of   any
 8        equipment, facility, vehicle, vessel, or aircraft capable
 9        of  causing  or contributing to air pollution or designed
10        to prevent air pollution;
11             (d)  Standards and conditions  regarding  the  sale,
12        offer,  or  use  of  any  fuel, vehicle, or other article
13        determined by the Board to constitute  an  air  pollution
14        air-pollution hazard;
15             (e)  Alert  and  abatement standards relative to air
16        pollution   air-pollution   episodes    or    emergencies
17        constituting   an  acute  danger  to  health  or  to  the
18        environment;
19             (f)  Requirements and procedures for the  inspection
20        of  any equipment, facility, vehicle, vessel, or aircraft
21        that may cause or contribute to air pollution;
22             (g)  Requirements and standards  for  equipment  and
23        procedures for monitoring contaminant discharges at their
24        sources,  the  collection  of samples and the collection,
25        reporting and  retention  of  data  resulting  from  such
26        monitoring.
27        (B)  The Board shall adopt sulfur dioxide regulations and
28    emission  standards  for  existing fuel combustion stationary
29    emission sources  located  in  all  areas  of  the  State  of
30    Illinois, except the Chicago, St. Louis (Illinois) and Peoria
31    major  metropolitan  areas,  in accordance with the following
32    requirements:
33             (1)  Such regulations shall not be more  restrictive
34        than  necessary  to  attain  and  maintain  the  "Primary
 
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 1        National   Ambient   Air  Quality  Standards  for  Sulfur
 2        Dioxide" and within a reasonable time attain and maintain
 3        the "Secondary National Ambient Air Quality Standards for
 4        Sulfur Dioxide."
 5             (2)  Such regulations shall be  based  upon  ambient
 6        air   quality   monitoring   data  insofar  as  possible,
 7        consistent  with  regulations  of   the   United   States
 8        Environmental  Protection Agency.  To the extent that air
 9        quality  modeling  techniques  are   used   for   setting
10        standards,  such  techniques shall be fully described and
11        documented  in  the  record  of  the  Board's  rulemaking
12        proceeding.
13             (3)  Such regulations shall provide a mechanism  for
14        the  establishment  of emission standards applicable to a
15        specific site as an alternative  to  a  more  restrictive
16        general  emission  standard.   The  Board  shall delegate
17        authority to the Agency to determine such  specific  site
18        emission  standards,  pursuant  to regulations adopted by
19        the Board.
20             (4)  Such regulations and standards shall allow  all
21        available   alternative   air   quality  control  methods
22        consistent with federal law and regulations.
23        (C) (1)  No later than December 1, 2003,  The  Board  may
24        not adopt any regulation banning the burning of landscape
25        waste  throughout  the  State  generally. the Board shall
26        may, by rule, regulation, restrict or prohibit  the  open
27        burning  of  landscape waste within any geographical area
28        of the State that is classified on the effective date  of
29        this  amendatory  Act  of  the 93rd General Assembly as a
30        moderate, serious, severe, or extreme non-attainment area
31        for ozone under Section 181 of the federal Clean Air Act.
32        Initial rules adopted to implement this amendatory Act of
33        the 93rd General Assembly shall take effect on or  before
34        July 1, 2004. If a unit of local government has, prior to
 
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 1        the  effective  date  of  the  Board's  rules, adopted an
 2        ordinance or regulation regarding  the  open  burning  of
 3        landscape  waste, the local ordinance or regulation shall
 4        control so long as it remains in effect.
 5             (2)  The Board may also adopt rules prohibiting  the
 6        open  burning  of  landscape  waste in other geographical
 7        areas of the State if it determines based on medical  and
 8        biological  evidence generally accepted by the scientific
 9        community  that  such  burning  will   produce   in   the
10        atmosphere  of  that  geographical  area  contaminants in
11        sufficient quantities and  of  such  characteristics  and
12        duration  as  to  be injurious to human humans, plant, or
13        animal life, or health.
14             (3)  Nothing in this Section shall be  construed  to
15        prohibit   the   open  burning  of  landscape  waste  for
16        agricultural purposes (including but not limited  to  the
17        open  burning  of landscape waste by production nurseries
18        and the open burning of landscape waste  generated  on  a
19        farm),  habitat  management  purposes  (including but not
20        limited  to   forest   and   prairie   reclamation),   or
21        firefighter  training  purposes. For the purposes of this
22        subsection, "farm" has the same meaning as under  Section
23        1-60 of the Property Tax Code.
24             (4)  A  home  rule  unit  may  not regulate the open
25        burning of landscape waste in a manner inconsistent  with
26        the  regulation of open burning of landscape waste by the
27        State under this Section, unless the home rule unit  has,
28        prior to the effective date of rules adopted by the Board
29        under  subdivision (1), adopted ordinances or regulations
30        relating to the open burning of landscape waste and those
31        ordinances or regulations remain in effect. This  Section
32        is  a  limitation  under  subsection  (i) of Section 6 of
33        Article  VII  of  the  Illinois   Constitution   on   the
34        concurrent  exercise  by  home  rule  units of powers and
 
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 1        functions exercised by the State.
 2        (D)  The Board  shall  adopt  regulations  requiring  the
 3    owner  or  operator  of  a  gasoline  dispensing  system that
 4    dispenses more than 10,000 gallons of gasoline per  month  to
 5    install  and  operate  a  system for the recovery of gasoline
 6    vapor emissions arising from the fueling  of  motor  vehicles
 7    that  meets  the  requirements  of Section 182 of the federal
 8    Clean Air Act (42 USC 7511a).  These regulations shall  apply
 9    only  in  areas of the State that are classified as moderate,
10    serious, severe or extreme  non-attainment  areas  for  ozone
11    pursuant  to Section 181 of the federal Clean Air Act (42 USC
12    7511), but shall  not  apply  in  such  areas  classified  as
13    moderate  non-attainment areas for ozone if the Administrator
14    of  the  U.S.  Environmental  Protection  Agency  promulgates
15    standards for vehicle-based (onboard) systems for the control
16    of vehicle refueling emissions pursuant to Section  202(a)(6)
17    of  the federal Clean Air Act (42 USC 7521(a)(6)) by November
18    15, 1992.
19        (E)  The Board shall not adopt or enforce any  regulation
20    requiring  the  use  of  a  tarpaulin  or other covering on a
21    truck, trailer, or other vehicle that is  stricter  than  the
22    requirements  of  Section  15-109.1  of  the Illinois Vehicle
23    Code.  To the  extent  that  it  is  in  conflict  with  this
24    subsection, the Board's rule codified as 35 Ill. Admin. Code,
25    Section 212.315 is hereby superseded.
26        (F)  Any  person  who  prior to June 8, 1988, has filed a
27    timely Notice of Intent to  Petition  for  an  Adjusted  RACT
28    Emissions  Limitation  and  who  subsequently  timely files a
29    completed petition for an adjusted RACT emissions  limitation
30    pursuant  to 35 Ill. Adm. Code, Part 215, Subpart I, shall be
31    subject to the procedures contained in Subpart I but shall be
32    excluded by operation of law from 35  Ill.  Adm.  Code,  Part
33    215,  Subparts  PP,  QQ  and  RR,  including  the  applicable
34    definitions  in  35  Ill.  Adm. Code, Part 211.  Such persons
 
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 1    shall instead be subject to a separate regulation  which  the
 2    Board  is hereby authorized to adopt pursuant to the adjusted
 3    RACT emissions limitation procedure in  35  Ill.  Adm.  Code,
 4    Part  215,  Subpart  I.  In its final action on the petition,
 5    the Board shall create  a  separate  rule  which  establishes
 6    Reasonably  Available  Control  Technology  (RACT)  for  such
 7    person.   The purpose of this procedure is to create separate
 8    and independent regulations for purposes  of  SIP  submittal,
 9    review, and approval by USEPA.
10        (G)  Subpart  FF  of Subtitle B, Title 35 Ill. Adm. Code,
11    Sections 218.720 through 218.730 and Sections 219.720 through
12    219.730, are hereby repealed by  operation  of  law  and  are
13    rendered null and void and of no force and effect.
14    (Source: P.A. 88-381; 89-79, eff. 6-30-95.)

15        (415 ILCS 5/31.1) (from Ch. 111 1/2, par. 1031.1)
16        Sec. 31.1. Administrative citation.
17        (a)  The  prohibitions  specified  in subsections (o) and
18    (p) of Section 21 of this Act shall be enforceable either  by
19    administrative  citation  under  this Section or as otherwise
20    provided by this Act.   A  violation  of  subsection  (C)  of
21    Section   10   of   this   Act   is   enforceable  either  by
22    administrative citation under this Section  or  as  otherwise
23    provided by this Act.
24        (b)  Whenever  Agency personnel or personnel of a unit of
25    local government  to  which  the  Agency  has  delegated  its
26    functions  pursuant  to  subsection  (r) of Section 4 of this
27    Act, on the basis of direct observation, determine  that  any
28    person has violated any provision of subsection (o) or (p) of
29    Section  21  of  this  Act or subsection (C) of Section 10 of
30    this Act, the Agency or such unit  of  local  government  may
31    issue  and  serve an administrative citation upon such person
32    within not more than 60 days after the date of  the  observed
33    violation.   Each  such  citation issued shall be served upon
 
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 1    the person named therein or such  person's  authorized  agent
 2    for  service  of  process,  and  shall  include the following
 3    information:
 4             (1)  a  statement  specifying  the   provisions   of
 5        subsection  (o) or (p) of Section 21 or subsection (C) of
 6        Section 10 of which the person  was  observed  to  be  in
 7        violation;
 8             (2)  a  copy  of  the inspection report in which the
 9        Agency or local government recorded the violation,  which
10        report shall include the date and time of inspection, and
11        weather conditions prevailing during the inspection;
12             (3)  the  penalty  imposed  by subdivision (b)(4) or
13        (b)(4-5) of Section 42 for such violation;
14             (4)  instructions for contesting the  administrative
15        citation  findings  pursuant  to  this Section, including
16        notification that the person has 35 days within which  to
17        file  a  petition  for review before the Board to contest
18        the administrative citation; and
19             (5)  an affidavit by  the  personnel  observing  the
20        violation,   attesting  to  their  material  actions  and
21        observations.
22        (c)  The Agency or unit of local government shall file  a
23    copy  of each administrative citation served under subsection
24    (b) of this Section with the Board  no  later  than  10  days
25    after the date of service.
26        (d) (1)  If   the  person  named  in  the  administrative
27    citation fails to petition the Board  for  review  within  35
28    days  from the date of service, the Board shall adopt a final
29    order, which shall include the  administrative  citation  and
30    findings  of  violation as alleged in the citation, and shall
31    impose  the  penalty  specified  in  subdivision  (b)(4)   or
32    (b)(4-5) of Section 42.
33        (2)  If  a  petition for review is filed before the Board
34    to contest an administrative citation issued under subsection
 
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 1    (b) of this Section, the Agency or unit of  local  government
 2    shall  appear  as a complainant at a hearing before the Board
 3    to be conducted pursuant to Section 32 of this Act at a  time
 4    not  less  than 21 days after notice of such hearing has been
 5    sent by the Board to the Agency or unit of  local  government
 6    and  the person named in the citation.  In such hearings, the
 7    burden of proof shall be on  the  Agency  or  unit  of  local
 8    government.   If,  based  on the record, the Board finds that
 9    the alleged violation occurred, it shall adopt a final  order
10    which  shall include the administrative citation and findings
11    of violation as alleged in the citation, and shall impose the
12    penalty  specified  in  subdivision  (b)(4)  or  (b)(4-5)  of
13    Section 42.  However, if the  Board  finds  that  the  person
14    appealing  the citation has shown that the violation resulted
15    from uncontrollable circumstances, the Board  shall  adopt  a
16    final  order  which  makes  no finding of violation and which
17    imposes no penalty.
18        (e)  Sections  10-25  through  10-60  of   the   Illinois
19    Administrative   Procedure   Act   shall  not  apply  to  any
20    administrative citation issued under subsection (b)  of  this
21    Section.
22        (f)  The other provisions of this Section shall not apply
23    to a sanitary landfill operated by a unit of local government
24    solely  for  the  purpose  of  disposing  of water and sewage
25    treatment  plant  sludges,  including  necessary  stabilizing
26    materials.
27        (g)  All final orders issued and  entered  by  the  Board
28    pursuant  to this Section shall be enforceable by injunction,
29    mandamus or other  appropriate  remedy,  in  accordance  with
30    Section 42 of this Act.
31    (Source: P.A. 92-16, eff. 6-28-01.)

32        (415 ILCS 5/42) (from Ch. 111 1/2, par. 1042)
33        Sec. 42. Civil penalties.
 
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 1        (a)  Except  as provided in this Section, any person that
 2    violates any provision of this Act or any regulation  adopted
 3    by  the Board, or any permit or term or condition thereof, or
 4    that  violates  any  determination  or  order  of  the  Board
 5    pursuant to this Act, shall be liable to a civil  penalty  of
 6    not  to  exceed  $50,000  for the violation and an additional
 7    civil penalty of not to exceed $10,000 for  each  day  during
 8    which the violation continues; such penalties may, upon order
 9    of  the  Board  or a court of competent jurisdiction, be made
10    payable to the Environmental Protection  Trust  Fund,  to  be
11    used  in  accordance with the provisions of the Environmental
12    Protection Trust Fund Act.
13        (b)  Notwithstanding the provisions of subsection (a)  of
14    this Section:
15             (1)  Any  person that violates Section 12(f) of this
16        Act or any NPDES permit or term or condition thereof,  or
17        any  filing  requirement, regulation or order relating to
18        the NPDES permit program, shall  be  liable  to  a  civil
19        penalty of not to exceed $10,000 per day of violation.
20             (2)  Any  person that violates Section 12(g) of this
21        Act or any UIC permit or term or  condition  thereof,  or
22        any  filing  requirement, regulation or order relating to
23        the State UIC program for  all  wells,  except  Class  II
24        wells  as  defined  by the Board under this Act, shall be
25        liable to a civil penalty not to exceed $2,500 per day of
26        violation; provided, however, that any person who commits
27        such violations relating to the  State  UIC  program  for
28        Class  II  wells, as defined by the Board under this Act,
29        shall be liable to a  civil  penalty  of  not  to  exceed
30        $10,000 for the violation and an additional civil penalty
31        of  not  to  exceed  $1,000 for each day during which the
32        violation continues.
33             (3)  Any person that violates Sections 21(f), 21(g),
34        21(h) or 21(i) of this Act, or any RCRA permit or term or
 
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 1        condition thereof, or any filing requirement,  regulation
 2        or  order  relating  to  the State RCRA program, shall be
 3        liable to a civil penalty of not to  exceed  $25,000  per
 4        day of violation.
 5             (4)  In  an  administrative  citation  action  under
 6        Section  31.1  of  this  Act,  any  person  found to have
 7        violated any provision of subsection (o) of Section 21 of
 8        this Act shall pay a  civil  penalty  of  $500  for  each
 9        violation  of each such provision, plus any hearing costs
10        incurred by the Board and  the  Agency.   Such  penalties
11        shall  be  made  payable  to the Environmental Protection
12        Trust Fund, to be used in accordance with the  provisions
13        of  the  Environmental  Protection Trust Fund Act; except
14        that  if  a  unit  of   local   government   issued   the
15        administrative  citation,  50% of the civil penalty shall
16        be payable to the unit of local government.
17             (4.1) (4-5)  In an  administrative  citation  action
18        under  Section 31.1 of this Act, any person found to have
19        violated any provision of subsection (p) of Section 21 of
20        this Act shall pay a civil penalty of $1,500 for a  first
21        offense  and  $3,000  for a second or subsequent offense,
22        plus any hearing costs incurred  by  the  Board  and  the
23        Agency.   The  penalties  shall  be  deposited  into  the
24        Environmental  Protection  Trust  Fund,  to  be  used  in
25        accordance  with  the  provisions  of  the  Environmental
26        Protection Trust Fund Act; except that if a unit of local
27        government issued the administrative citation, 50% of the
28        civil  penalty  shall  be  payable  to  the unit of local
29        government.
30             (4.2)  In an administrative  citation  action  under
31        Section 31.1 of this Act, a person found to have violated
32        a  provision  of subsection (C) of Section 10 of this Act
33        or a rule adopted under that subsection shall pay a civil
34        penalty of $100 for a first violation, $250 for a  second
 
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 1        violation, and $500 for a third or  subsequent violation,
 2        plus  any  hearing  costs  incurred  by the Board and the
 3        Agency.  Such penalties shall  be  made  payable  to  the
 4        Environmental  Protection  Trust  Fund,  to  be  used  in
 5        accordance  with  the  provisions  of  the  Environmental
 6        Protection Trust Fund Act; except that if a unit of local
 7        government issued the administrative citation, 50% of the
 8        civil  penalty  shall  be  payable  to  the unit of local
 9        government. The civil penalty imposed by this item  (4.2)
10        is in addition to any other penalty provided by law.
11             (5)  Any person who violates subsection 6 of Section
12        39.5  of  this  Act  or  any  CAAPP  permit,  or  term or
13        condition thereof, or any fee or filing  requirement,  or
14        any  duty  to  allow  or  carry  out inspection, entry or
15        monitoring  activities,  or  any  regulation   or   order
16        relating to the CAAPP shall be liable for a civil penalty
17        not to exceed $10,000 per day of violation.
18             (6)  A person who violates subsection (C) of Section
19        10  of this Act or a rule adopted by the Board under that
20        subsection shall pay a civil penalty of $100 for a  first
21        violation,  $250  for  a second violation, and $500 for a
22        third or subsequent violation.  Where  such  actions  are
23        brought  before  the Board, penalties shall be payable to
24        the Environmental Protection Trust Fund, to  be  used  in
25        accordance  with  the  provisions  of  the  Environmental
26        Protection  Trust  Fund  Act.   Where  such  actions  are
27        brought  before  the  circuit  court,  penalties shall be
28        payable to the county in which the violation occurred.
29        (b.5)  In lieu of the penalties set forth in  subsections
30    (a) and (b) of this Section, any person who fails to file, in
31    a timely manner, toxic chemical release forms with the Agency
32    pursuant  to  Section 25b-2 of this Act shall be liable for a
33    civil penalty of $100 per day for  each  day  the  forms  are
34    late,  not  to exceed a maximum total penalty of $6,000. This
 
                            -14-     LRB093 05596 AMC 05689 b
 1    daily penalty shall begin accruing on  the  thirty-first  day
 2    after  the  date  that the person receives the warning notice
 3    issued by the Agency pursuant to Section 25b-6 of  this  Act;
 4    and  the  penalty  shall  be  paid  to  the Agency. The daily
 5    accrual of penalties shall cease  as  of  January  1  of  the
 6    following   year.  All  penalties  collected  by  the  Agency
 7    pursuant to this  subsection  shall  be  deposited  into  the
 8    Environmental Protection Permit and Inspection Fund.
 9        (c)  Any  person  that  violates this Act, or an order or
10    other determination of the Board under this  Act  and  causes
11    the  death  of fish or aquatic life shall, in addition to the
12    other penalties provided by this Act, be liable to pay to the
13    State an additional sum for the reasonable value of the  fish
14    or  aquatic  life  destroyed. Any money so recovered shall be
15    placed in the Wildlife and Fish Fund in the State Treasury.
16        (d)  The penalties provided for in this  Section  may  be
17    recovered in a civil action.
18        (e)  The  State's  Attorney  of  the  county in which the
19    violation occurred, or the  Attorney  General,  may,  at  the
20    request of the Agency or on his own motion, institute a civil
21    action for an injunction to restrain violations of this Act.
22        (f)  The  State's  Attorney  of  the  county in which the
23    violation occurred, or the Attorney General, shall bring such
24    actions in the name of the people of the State  of  Illinois.
25    Without  limiting any other authority which may exist for the
26    awarding of attorney's fees and costs, the Board or  a  court
27    of  competent  jurisdiction  may  award  costs and reasonable
28    attorney's fees, including the  reasonable  costs  of  expert
29    witnesses  and  consultants,  to  the State's Attorney or the
30    Attorney General in a case where he has prevailed  against  a
31    person  who  has  committed  a  wilful,  knowing  or repeated
32    violation of the Act.
33        Any funds collected under this subsection  (f)  in  which
34    the  Attorney General has prevailed shall be deposited in the
 
                            -15-     LRB093 05596 AMC 05689 b
 1    Hazardous Waste Fund created in Section 22.2 of this Act. Any
 2    funds collected under this subsection (f) in which a  State's
 3    Attorney  has  prevailed  shall  be retained by the county in
 4    which he serves.
 5        (g)  All final orders imposing civil  penalties  pursuant
 6    to  this Section shall prescribe the time for payment of such
 7    penalties.  If any such penalty is not paid within  the  time
 8    prescribed, interest on such penalty at the rate set forth in
 9    subsection  (a)  of  Section  1003 of the Illinois Income Tax
10    Act, shall be paid for the period from the  date  payment  is
11    due until the date payment is received.  However, if the time
12    for  payment  is  stayed  during  the  pendency of an appeal,
13    interest shall not accrue during such stay.
14        (h)  In determining the appropriate civil penalty  to  be
15    imposed  under subdivisions  (a), (b)(1), (b)(2),  (b)(3), or
16    (b)(5)  of  this Section, the Board is authorized to consider
17    any  matters  of  record  in  mitigation  or  aggravation  of
18    penalty, including but not limited to the following factors:
19             (1)  the duration and gravity of the violation;
20             (2)  the presence or absence of due diligence on the
21        part  of  the  violator  in  attempting  to  comply  with
22        requirements of this Act and regulations thereunder or to
23        secure relief therefrom as provided by this Act;
24             (3)  any economic benefits accrued by  the  violator
25        because of delay in compliance with requirements;
26             (4)  the amount of monetary penalty which will serve
27        to  deter  further  violations  by  the  violator  and to
28        otherwise aid in enhancing voluntary compliance with this
29        Act by the violator and other persons  similarly  subject
30        to the Act; and
31             (5)  the  number,  proximity in time, and gravity of
32        previously adjudicated violations  of  this  Act  by  the
33        violator.
34    (Source: P.A. 90-773, eff. 8-14-98; 91-82, eff. 1-1-00.)
 
                            -16-     LRB093 05596 AMC 05689 b
 1        Section  99.  Effective date.  This Act takes effect upon
 2    becoming law.