093_HB0370eng

 
HB0370 Engrossed                     LRB093 05596 AMC 05689 b

 1        AN ACT concerning environmental safety.

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

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

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

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

17        (415 ILCS 5/31.1) (from Ch. 111 1/2, par. 1031.1)
18        Sec. 31.1. Administrative citation.
19        (a)  The prohibitions specified in  subsections  (o)  and
20    (p)  of Section 21 of this Act shall be enforceable either by
21    administrative citation under this Section  or  as  otherwise
22    provided  by  this  Act.    A  violation of subsection (C) of
23    Section  10  of   this   Act   is   enforceable   either   by
24    administrative  citation  under  this Section or as otherwise
25    provided by this Act.
26        (b)  Whenever Agency personnel or personnel of a unit  of
27    local  government  to  which  the  Agency  has  delegated its
28    functions pursuant to subsection (r) of  Section  4  of  this
29    Act,  on  the basis of direct observation, determine that any
30    person has violated any provision of subsection (o) or (p) of
31    Section 21 of this Act or subsection (C)  of  Section  10  of
32    this  Act,  the  Agency  or such unit of local government may
33    issue and serve an administrative citation upon  such  person
 
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 1    within  not  more than 60 days after the date of the observed
 2    violation.  Each such citation issued shall  be  served  upon
 3    the  person  named  therein or such person's authorized agent
 4    for service of  process,  and  shall  include  the  following
 5    information:
 6             (1)  a   statement   specifying  the  provisions  of
 7        subsection (o) or (p) of Section 21 or subsection (C)  of
 8        Section  10  of  which  the  person was observed to be in
 9        violation;
10             (2)  a copy of the inspection report  in  which  the
11        Agency  or local government recorded the violation, which
12        report shall include the date and time of inspection, and
13        weather conditions prevailing during the inspection;
14             (3)  the penalty imposed by  subdivision  (b)(4)  or
15        (b)(4-5) of Section 42 for such violation;
16             (4)  instructions  for contesting the administrative
17        citation findings pursuant  to  this  Section,  including
18        notification  that the person has 35 days within which to
19        file a petition for review before the  Board  to  contest
20        the administrative citation; and
21             (5)  an  affidavit  by  the  personnel observing the
22        violation,  attesting  to  their  material  actions   and
23        observations.
24        (c)  The  Agency or unit of local government shall file a
25    copy of each administrative citation served under  subsection
26    (b)  of  this  Section  with  the Board no later than 10 days
27    after the date of service.
28        (d) (1)  If  the  person  named  in  the   administrative
29    citation  fails  to  petition  the Board for review within 35
30    days from the date of service, the Board shall adopt a  final
31    order,  which  shall  include the administrative citation and
32    findings of violation as alleged in the citation,  and  shall
33    impose   the  penalty  specified  in  subdivision  (b)(4)  or
34    (b)(4-5) of Section 42.
 
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 1        (2)  If a petition for review is filed before  the  Board
 2    to contest an administrative citation issued under subsection
 3    (b)  of  this Section, the Agency or unit of local government
 4    shall appear as a complainant at a hearing before  the  Board
 5    to  be conducted pursuant to Section 32 of this Act at a time
 6    not less than 21 days after notice of such hearing  has  been
 7    sent  by  the Board to the Agency or unit of local government
 8    and the person named in the citation.  In such hearings,  the
 9    burden  of  proof  shall  be  on  the Agency or unit of local
10    government.  If, based on the record, the  Board  finds  that
11    the  alleged violation occurred, it shall adopt a final order
12    which shall include the administrative citation and  findings
13    of violation as alleged in the citation, and shall impose the
14    penalty  specified  in  subdivision  (b)(4)  or  (b)(4-5)  of
15    Section  42.   However,  if  the  Board finds that the person
16    appealing the citation has shown that the violation  resulted
17    from  uncontrollable  circumstances,  the Board shall adopt a
18    final order which makes no finding  of  violation  and  which
19    imposes no penalty.
20        (e)  Sections   10-25   through  10-60  of  the  Illinois
21    Administrative  Procedure  Act  shall  not   apply   to   any
22    administrative  citation  issued under subsection (b) of this
23    Section.
24        (f)  The other provisions of this Section shall not apply
25    to a sanitary landfill operated by a unit of local government
26    solely for the purpose  of  disposing  of  water  and  sewage
27    treatment  plant  sludges,  including  necessary  stabilizing
28    materials.
29        (g)  All  final  orders  issued  and entered by the Board
30    pursuant to this Section shall be enforceable by  injunction,
31    mandamus  or  other  appropriate  remedy,  in accordance with
32    Section 42 of this Act.
33    (Source: P.A. 92-16, eff. 6-28-01.)
 
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 1        (415 ILCS 5/42) (from Ch. 111 1/2, par. 1042)
 2        Sec. 42. Civil penalties.
 3        (a)  Except as provided in this Section, any person  that
 4    violates  any provision of this Act or any regulation adopted
 5    by the Board, or any permit or term or condition thereof,  or
 6    that  violates  any  determination  or  order  of  the  Board
 7    pursuant  to  this Act, shall be liable to a civil penalty of
 8    not to exceed $50,000 for the  violation  and  an  additional
 9    civil  penalty  of  not to exceed $10,000 for each day during
10    which the violation continues; such penalties may, upon order
11    of the Board or a court of competent  jurisdiction,  be  made
12    payable  to  the  Environmental  Protection Trust Fund, to be
13    used in accordance with the provisions of  the  Environmental
14    Protection Trust Fund Act.
15        (b)  Notwithstanding  the provisions of subsection (a) of
16    this Section:
17             (1)  Any person that violates Section 12(f) of  this
18        Act  or any NPDES permit or term or condition thereof, or
19        any filing requirement, regulation or order  relating  to
20        the  NPDES  permit  program,  shall  be liable to a civil
21        penalty of not to exceed $10,000 per day of violation.
22             (2)  Any person that violates Section 12(g) of  this
23        Act  or  any  UIC permit or term or condition thereof, or
24        any filing requirement, regulation or order  relating  to
25        the  State  UIC  program  for  all wells, except Class II
26        wells as defined by the Board under this  Act,  shall  be
27        liable to a civil penalty not to exceed $2,500 per day of
28        violation; provided, however, that any person who commits
29        such  violations  relating  to  the State UIC program for
30        Class II wells, as defined by the Board under  this  Act,
31        shall  be  liable  to  a  civil  penalty of not to exceed
32        $10,000 for the violation and an additional civil penalty
33        of not to exceed $1,000 for each  day  during  which  the
34        violation continues.
 
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 1             (3)  Any person that violates Sections 21(f), 21(g),
 2        21(h) or 21(i) of this Act, or any RCRA permit or term or
 3        condition  thereof, or any filing requirement, regulation
 4        or order relating to the State  RCRA  program,  shall  be
 5        liable  to  a  civil penalty of not to exceed $25,000 per
 6        day of violation.
 7             (4)  In  an  administrative  citation  action  under
 8        Section 31.1 of  this  Act,  any  person  found  to  have
 9        violated any provision of subsection (o) of Section 21 of
10        this  Act  shall  pay  a  civil  penalty of $500 for each
11        violation of each such provision, plus any hearing  costs
12        incurred  by  the  Board  and the Agency.  Such penalties
13        shall be made payable  to  the  Environmental  Protection
14        Trust  Fund, to be used in accordance with the provisions
15        of the Environmental Protection Trust  Fund  Act;  except
16        that   if   a   unit   of  local  government  issued  the
17        administrative citation, 50% of the civil  penalty  shall
18        be payable to the unit of local government.
19             (4.1)  (4-5)  In  an  administrative citation action
20        under Section 31.1 of this Act, any person found to  have
21        violated any provision of subsection (p) of Section 21 of
22        this  Act shall pay a civil penalty of $1,500 for a first
23        offense and $3,000 for a second  or  subsequent  offense,
24        plus  any  hearing  costs  incurred  by the Board and the
25        Agency.   The  penalties  shall  be  deposited  into  the
26        Environmental  Protection  Trust  Fund,  to  be  used  in
27        accordance  with  the  provisions  of  the  Environmental
28        Protection Trust Fund Act; except that if a unit of local
29        government issued the administrative citation, 50% of the
30        civil penalty shall be  payable  to  the  unit  of  local
31        government.
32             (4.2)  In  an  administrative  citation action under
33        Section 31.1 of this Act, a person found to have violated
34        a provision of subsection (C) of Section 10 of  this  Act
 
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 1        or a rule adopted under that subsection shall pay a civil
 2        penalty  of $100 for a first violation, $250 for a second
 3        violation, and $500 for a third or  subsequent violation,
 4        plus any hearing costs incurred  by  the  Board  and  the
 5        Agency.   Such  penalties  shall  be  made payable to the
 6        Environmental Permit and Inspection Fund, to be  used  in
 7        accordance  with Section 22.8 of this Act; except that if
 8        a unit of  local  government  issued  the  administrative
 9        citation,  50%  of  the civil penalty shall be payable to
10        the unit of local government. The civil  penalty  imposed
11        by  this  item  (4.2) is in addition to any other penalty
12        provided by law.
13             (5)  Any person who violates subsection 6 of Section
14        39.5 of  this  Act  or  any  CAAPP  permit,  or  term  or
15        condition  thereof,  or any fee or filing requirement, or
16        any duty to allow  or  carry  out  inspection,  entry  or
17        monitoring   activities,   or  any  regulation  or  order
18        relating to the CAAPP shall be liable for a civil penalty
19        not to exceed $10,000 per day of violation.
20             (6)  A person who violates subsection (C) of Section
21        10 of this Act or a rule adopted by the Board under  that
22        subsection  shall pay a civil penalty of $100 for a first
23        violation, $250 for a second violation, and  $500  for  a
24        third  or  subsequent  violation.  Where such actions are
25        brought before the Board, penalties shall be  payable  to
26        the  Environmental Permit and Inspection Fund, to be used
27        in accordance with Section 22.8 of this Act.  Where  such
28        actions  are  brought before the circuit court, penalties
29        shall be payable to the county  in  which  the  violation
30        occurred.
31        (b.5)  In  lieu of the penalties set forth in subsections
32    (a) and (b) of this Section, any person who fails to file, in
33    a timely manner, toxic chemical release forms with the Agency
34    pursuant to Section 25b-2 of this Act shall be liable  for  a
 
HB0370 Engrossed         -14-        LRB093 05596 AMC 05689 b
 1    civil  penalty  of  $100  per  day for each day the forms are
 2    late, not to exceed a maximum total penalty of  $6,000.  This
 3    daily  penalty  shall  begin accruing on the thirty-first day
 4    after the date that the person receives  the  warning  notice
 5    issued  by  the Agency pursuant to Section 25b-6 of this Act;
 6    and the penalty shall  be  paid  to  the  Agency.  The  daily
 7    accrual  of  penalties  shall  cease  as  of January 1 of the
 8    following  year.  All  penalties  collected  by  the   Agency
 9    pursuant  to  this  subsection  shall  be  deposited into the
10    Environmental Protection Permit and Inspection Fund.
11        (c)  Any person that violates this Act, or  an  order  or
12    other  determination  of  the Board under this Act and causes
13    the death of fish or aquatic life shall, in addition  to  the
14    other penalties provided by this Act, be liable to pay to the
15    State  an additional sum for the reasonable value of the fish
16    or aquatic life destroyed. Any money so  recovered  shall  be
17    placed in the Wildlife and Fish Fund in the State Treasury.
18        (d)  The  penalties  provided  for in this Section may be
19    recovered in a civil action.
20        (e)  The State's Attorney of  the  county  in  which  the
21    violation  occurred,  or  the  Attorney  General, may, at the
22    request of the Agency or on his own motion, institute a civil
23    action for an injunction to restrain violations of this Act.
24        (f)  The State's Attorney of  the  county  in  which  the
25    violation occurred, or the Attorney General, shall bring such
26    actions  in  the name of the people of the State of Illinois.
27    Without limiting any other authority which may exist for  the
28    awarding  of  attorney's fees and costs, the Board or a court
29    of competent jurisdiction  may  award  costs  and  reasonable
30    attorney's  fees,  including  the  reasonable costs of expert
31    witnesses and consultants, to the  State's  Attorney  or  the
32    Attorney  General  in a case where he has prevailed against a
33    person who  has  committed  a  wilful,  knowing  or  repeated
34    violation of the Act.
 
HB0370 Engrossed         -15-        LRB093 05596 AMC 05689 b
 1        Any  funds  collected  under this subsection (f) in which
 2    the Attorney General has prevailed shall be deposited in  the
 3    Hazardous Waste Fund created in Section 22.2 of this Act. Any
 4    funds  collected under this subsection (f) in which a State's
 5    Attorney has prevailed shall be retained  by  the  county  in
 6    which he serves.
 7        (g)  All  final  orders imposing civil penalties pursuant
 8    to this Section shall prescribe the time for payment of  such
 9    penalties.   If  any such penalty is not paid within the time
10    prescribed, interest on such penalty at the rate set forth in
11    subsection (a) of Section 1003 of  the  Illinois  Income  Tax
12    Act,  shall  be  paid for the period from the date payment is
13    due until the date payment is received.  However, if the time
14    for payment is stayed  during  the  pendency  of  an  appeal,
15    interest shall not accrue during such stay.
16        (h)  In  determining  the appropriate civil penalty to be
17    imposed  under subdivisions  (a), (b)(1), (b)(2),  (b)(3), or
18    (b)(5) of this Section, the Board is authorized  to  consider
19    any  matters  of  record  in  mitigation  or  aggravation  of
20    penalty, including but not limited to the following factors:
21             (1)  the duration and gravity of the violation;
22             (2)  the presence or absence of due diligence on the
23        part  of  the  violator  in  attempting  to  comply  with
24        requirements of this Act and regulations thereunder or to
25        secure relief therefrom as provided by this Act;
26             (3)  any  economic  benefits accrued by the violator
27        because of delay in compliance with requirements;
28             (4)  the amount of monetary penalty which will serve
29        to deter  further  violations  by  the  violator  and  to
30        otherwise aid in enhancing voluntary compliance with this
31        Act  by  the violator and other persons similarly subject
32        to the Act; and
33             (5)  the number, proximity in time, and  gravity  of
34        previously  adjudicated  violations  of  this  Act by the
 
HB0370 Engrossed         -16-        LRB093 05596 AMC 05689 b
 1        violator.
 2    (Source: P.A. 90-773, eff. 8-14-98; 91-82, eff. 1-1-00.)

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