Full Text of SB2103 96th General Assembly
SB2103enr 96TH GENERAL ASSEMBLY
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SB2103 Enrolled |
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LRB096 03340 JDS 13382 b |
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| AN ACT concerning safety.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Environmental Protection Act is amended by | 5 |
| changing Sections 31.1, 42, 55, and 55.1 as follows:
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| (415 ILCS 5/31.1) (from Ch. 111 1/2, par. 1031.1)
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| Sec. 31.1. Administrative citation.
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| (a) The prohibitions specified in subsections (o) and (p) | 9 |
| of
Section 21 and subsection (k) of Section 55 of this Act | 10 |
| shall be enforceable either by administrative
citation under | 11 |
| this Section or as otherwise provided by this Act.
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| (b) Whenever Agency personnel or personnel of a unit of | 13 |
| local government to
which the Agency has delegated its | 14 |
| functions pursuant to subsection (r) of
Section 4 of this Act, | 15 |
| on the basis of direct observation, determine that any
person | 16 |
| has violated any provision of subsection (o) or (p) of Section
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| 21 or subsection (k) of Section 55 of this Act, the Agency or | 18 |
| such unit of local government may issue and serve
an | 19 |
| administrative citation upon such person within not more than | 20 |
| 60 days after
the date of the observed violation. Each such | 21 |
| citation issued shall be served
upon the person named therein | 22 |
| or such person's authorized agent for service of
process, and | 23 |
| shall include the following information:
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| (1) a statement specifying the provisions of | 2 |
| subsection (o) or (p)
of Section 21 or subsection (k) of | 3 |
| Section 55 of which the person was observed to be in | 4 |
| violation;
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| (2) a copy of the inspection report in which the Agency | 6 |
| or local
government recorded the violation, which report | 7 |
| shall include the date and
time of inspection, and weather | 8 |
| conditions prevailing during the inspection;
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| (3) the penalty imposed by subdivision (b)(4) or | 10 |
| (b)(4-5) of Section
42 for such violation;
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| (4) instructions for contesting the administrative | 12 |
| citation findings
pursuant to this Section, including | 13 |
| notification that the person has 35
days within which to | 14 |
| file a petition for review before the Board to contest
the | 15 |
| administrative citation; and
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| (5) an affidavit by the personnel observing the | 17 |
| violation, attesting to
their material actions and | 18 |
| observations.
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| (c) The Agency or unit of local government shall file a | 20 |
| copy of each
administrative citation served under subsection | 21 |
| (b) of this Section with
the Board no later than 10 days after | 22 |
| the date of service.
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| (d) (1) If the person named in the administrative citation | 24 |
| fails to
petition the Board for review within 35 days from the | 25 |
| date of service, the
Board shall adopt a final order, which | 26 |
| shall include the administrative
citation and findings of |
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| violation as alleged in the citation, and shall impose
the | 2 |
| penalty specified in subdivision (b)(4) or (b)(4-5) of Section | 3 |
| 42.
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| (2) If a petition for review is filed before the Board to | 5 |
| contest an
administrative citation issued under subsection (b) | 6 |
| of this Section, the
Agency or unit of local government shall | 7 |
| appear as a complainant at a
hearing before the Board to be | 8 |
| conducted pursuant to Section 32 of this Act
at a time not less | 9 |
| than 21 days after notice of such hearing has
been sent by the | 10 |
| Board to the Agency or unit of local government and the
person | 11 |
| named in the citation. In such hearings, the burden of proof | 12 |
| shall be
on the Agency or unit of local government. If, based | 13 |
| on the record, the Board
finds that the alleged violation | 14 |
| occurred, it shall adopt a final order which
shall include the | 15 |
| administrative citation and findings of violation as alleged
in | 16 |
| the citation, and shall impose the penalty specified in | 17 |
| subdivision (b)(4)
or (b)(4-5) of Section 42. However, if the | 18 |
| Board finds that the person
appealing the citation has shown | 19 |
| that the violation resulted from
uncontrollable circumstances, | 20 |
| the Board shall adopt a final order which makes
no finding of | 21 |
| violation and which imposes no penalty.
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| (e) Sections 10-25 through 10-60 of the Illinois | 23 |
| Administrative Procedure
Act shall not apply to any | 24 |
| administrative citation issued under subsection (b)
of this | 25 |
| Section.
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| (f) The other provisions of this Section shall not apply to |
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| a sanitary
landfill operated by a unit of local government | 2 |
| solely for the purpose of
disposing of water and sewage | 3 |
| treatment plant sludges, including necessary
stabilizing | 4 |
| materials.
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| (g) All final orders issued and entered by the Board | 6 |
| pursuant to this
Section shall be enforceable by injunction, | 7 |
| mandamus or other appropriate
remedy, in accordance with | 8 |
| Section 42 of this Act.
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| (Source: P.A. 92-16, eff. 6-28-01.)
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| (415 ILCS 5/42) (from Ch. 111 1/2, par. 1042)
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| Sec. 42. Civil penalties.
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| (a) Except as provided in this Section, any person that | 13 |
| violates any
provision of this Act or any regulation adopted by | 14 |
| the Board, or any permit
or term or condition thereof, or that | 15 |
| violates any order of the Board pursuant
to this Act, shall be | 16 |
| liable for a civil penalty of not to exceed
$50,000 for the | 17 |
| violation and an additional civil penalty of not to exceed
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| $10,000 for each day during which the violation continues; such | 19 |
| penalties may,
upon order of the Board or a court of competent | 20 |
| jurisdiction, be made payable
to the Environmental Protection | 21 |
| Trust Fund, to be used in accordance with the
provisions of the | 22 |
| Environmental Protection Trust Fund Act.
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| (b) Notwithstanding the provisions of subsection (a) of | 24 |
| this Section:
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| (1) Any person that violates Section 12(f) of this Act |
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| or any
NPDES permit or term or condition thereof, or any | 2 |
| filing requirement,
regulation or order relating to the | 3 |
| NPDES permit program, shall be liable
to a civil penalty of | 4 |
| not to exceed $10,000 per day of violation.
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| (2) Any person that violates Section 12(g) of this Act | 6 |
| or any UIC permit
or term or condition thereof, or any | 7 |
| filing requirement, regulation or order
relating to the | 8 |
| State UIC program for all wells, except Class II wells as
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| defined by the Board under this Act, shall be liable to a | 10 |
| civil penalty
not to exceed $2,500 per day of violation; | 11 |
| provided, however, that any person
who commits such | 12 |
| violations relating to the State UIC program for Class
II | 13 |
| wells, as defined by the Board under this Act, shall be | 14 |
| liable to a civil
penalty of not to exceed $10,000 for the | 15 |
| violation and an additional civil
penalty of not to exceed | 16 |
| $1,000 for each day during which the violation
continues.
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| (3) Any person that violates Sections 21(f), 21(g), | 18 |
| 21(h) or 21(i) of
this Act, or any RCRA permit or term or | 19 |
| condition thereof, or any filing
requirement, regulation | 20 |
| or order relating to the State RCRA program, shall
be | 21 |
| liable to a civil penalty of not to exceed $25,000 per day | 22 |
| of violation.
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| (4)
In an administrative citation action under Section | 24 |
| 31.1 of this Act,
any person found to have violated any | 25 |
| provision of subsection (o) of
Section 21 of this Act shall | 26 |
| pay a civil penalty of $500 for each
violation of each such |
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| provision, plus any hearing costs incurred by the Board
and | 2 |
| the Agency. Such penalties shall be made payable to the | 3 |
| Environmental
Protection Trust Fund, to be used in | 4 |
| accordance with the provisions of the
Environmental | 5 |
| Protection Trust Fund Act; except that if a unit of local
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| government issued the administrative citation, 50% of the | 7 |
| civil penalty shall
be payable to the unit of local | 8 |
| government.
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| (4-5) In an administrative citation action under | 10 |
| Section 31.1 of this
Act, any person found to have violated | 11 |
| any
provision of subsection (p) of
Section 21 or subsection | 12 |
| (k) of Section 55 of this Act shall pay a civil penalty of | 13 |
| $1,500 for each violation
of
each such provision, plus any | 14 |
| hearing costs incurred by the Board and the
Agency, except | 15 |
| that the civil penalty amount shall be $3,000 for
each | 16 |
| violation of any provision of subsection (p) of Section 21 | 17 |
| or subsection (k) of Section 55 that is the
person's second | 18 |
| or subsequent adjudication violation of that
provision. | 19 |
| The penalties shall be deposited into the
Environmental | 20 |
| Protection Trust Fund, to be used in accordance with the
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| provisions of the Environmental Protection Trust Fund Act; | 22 |
| except that if a
unit of local government issued the | 23 |
| administrative citation, 50% of the civil
penalty shall be | 24 |
| payable to the unit of local government.
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| (5) Any person who violates subsection 6 of Section | 26 |
| 39.5 of this Act
or any CAAPP permit, or term or condition |
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| thereof, or any fee or filing
requirement, or any duty to | 2 |
| allow or carry out inspection, entry or
monitoring | 3 |
| activities, or any regulation or order relating to the | 4 |
| CAAPP
shall be liable for a civil penalty not to exceed | 5 |
| $10,000 per day of violation.
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| (b.5) In lieu of the penalties set forth in subsections (a) | 7 |
| and (b) of
this Section, any person who fails to file, in a | 8 |
| timely manner, toxic
chemical release forms with the Agency | 9 |
| pursuant to Section 25b-2
of this Act
shall be liable for a | 10 |
| civil penalty of $100 per day for
each day the forms are
late, | 11 |
| not to exceed a maximum total penalty of $6,000. This daily | 12 |
| penalty
shall begin accruing on the thirty-first day after the
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| date that the person receives the warning notice issued by the | 14 |
| Agency pursuant
to Section 25b-6 of this Act; and the penalty | 15 |
| shall be paid to the Agency. The
daily accrual of penalties | 16 |
| shall cease as of January 1 of the following year.
All | 17 |
| penalties collected by the Agency pursuant to this subsection | 18 |
| shall be
deposited into the Environmental Protection Permit and | 19 |
| Inspection Fund.
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| (c) Any person that violates this Act, any rule or | 21 |
| regulation adopted under
this Act, any permit or term or | 22 |
| condition of a permit, or any Board order and
causes the death | 23 |
| of fish
or aquatic life shall, in addition to the other | 24 |
| penalties provided by
this Act, be liable to pay to the State | 25 |
| an additional sum for the
reasonable value of the fish or | 26 |
| aquatic life destroyed. Any money so
recovered shall be placed |
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| in the Wildlife and Fish Fund in the State
Treasury.
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| (d) The penalties provided for in this Section may be | 3 |
| recovered in a
civil action.
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| (e) The State's Attorney of the county in which the | 5 |
| violation
occurred, or the Attorney General, may, at the | 6 |
| request of the Agency or
on his own motion, institute a civil | 7 |
| action for an injunction, prohibitory or mandatory, to
restrain | 8 |
| violations of this Act, any rule or regulation adopted under | 9 |
| this Act,
any permit or term or condition of a permit, or any | 10 |
| Board order, or to require such other actions as may be | 11 |
| necessary to address violations of this Act, any rule or | 12 |
| regulation adopted under this Act, any permit or term or | 13 |
| condition of a permit, or any Board order.
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| (f) The State's Attorney of the county in which the | 15 |
| violation
occurred, or the Attorney General, shall bring such | 16 |
| actions in the name
of the people of the State of Illinois.
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| Without limiting any other authority which may exist for the | 18 |
| awarding
of attorney's fees and costs, the Board or a court of | 19 |
| competent
jurisdiction may award costs and reasonable | 20 |
| attorney's fees, including the
reasonable costs of expert | 21 |
| witnesses and consultants, to the State's
Attorney or the | 22 |
| Attorney General in a case where he has prevailed against a
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| person who has committed a wilful, knowing or repeated | 24 |
| violation of this Act,
any rule or regulation adopted under | 25 |
| this Act, any permit or term or condition
of a permit, or any | 26 |
| Board order.
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| Any funds collected under this subsection (f) in which the | 2 |
| Attorney
General has prevailed shall be deposited in the
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| 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 which | 6 |
| he serves.
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| (g) All final orders imposing civil penalties pursuant to | 8 |
| 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 Act, | 12 |
| shall be paid for the period from the date payment is due until | 13 |
| the
date payment is received. However, if the time for payment | 14 |
| is stayed during
the pendency of an appeal, interest shall not | 15 |
| accrue during such stay.
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| (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 any | 19 |
| matters of record in
mitigation or aggravation of penalty, | 20 |
| including but not limited to the
following factors:
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| (1) the duration and gravity of the violation;
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| (2) the presence or absence of due diligence on the | 23 |
| part of the
respondent in attempting to comply with | 24 |
| requirements of this
Act and regulations thereunder or to | 25 |
| secure relief therefrom as provided by
this Act;
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| (3) any economic benefits accrued by the respondent
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| because of delay in compliance with requirements, in which | 2 |
| case the economic
benefits shall be determined by the | 3 |
| lowest cost alternative for achieving
compliance;
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| (4) the amount of monetary penalty which will serve to | 5 |
| deter further
violations by the respondent and to otherwise | 6 |
| aid in enhancing
voluntary
compliance with this Act by the | 7 |
| respondent and other persons
similarly
subject to the Act;
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| (5) the number, proximity in time, and gravity of | 9 |
| previously
adjudicated violations of this Act by the | 10 |
| respondent;
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| (6) whether the respondent voluntarily self-disclosed, | 12 |
| in accordance
with subsection (i) of this Section, the | 13 |
| non-compliance to the Agency; and
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| (7) whether the respondent has agreed to undertake a | 15 |
| "supplemental
environmental project," which means an | 16 |
| environmentally beneficial project that
a respondent | 17 |
| agrees to undertake in settlement of an enforcement action | 18 |
| brought
under this Act, but which the respondent is not | 19 |
| otherwise legally required to
perform.
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| In determining the appropriate civil penalty to be imposed | 21 |
| under subsection
(a) or paragraph (1), (2), (3), or (5) of | 22 |
| subsection (b) of this Section, the
Board shall ensure, in all | 23 |
| cases, that the penalty is at least as great as the
economic | 24 |
| benefits, if any, accrued by the respondent as a result of the
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| violation, unless the Board finds that imposition of such | 26 |
| penalty would result
in an arbitrary or unreasonable financial |
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| hardship. However, such civil
penalty
may be off-set in whole | 2 |
| or in part pursuant to a supplemental
environmental project | 3 |
| agreed to by the complainant and the respondent.
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| (i) A person who voluntarily self-discloses non-compliance | 5 |
| to the Agency,
of which the Agency had been unaware, is | 6 |
| entitled to a 100% reduction in the
portion of the penalty that | 7 |
| is not based on the economic benefit of
non-compliance if the | 8 |
| person can
establish the following:
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| (1) that the non-compliance was discovered through an | 10 |
| environmental
audit or a compliance management system | 11 |
| documented by the regulated entity as
reflecting the | 12 |
| regulated entity's due diligence in preventing, detecting, | 13 |
| and
correcting violations;
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| (2) that the non-compliance was disclosed in writing | 15 |
| within 30 days of
the date on which the person discovered | 16 |
| it;
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| (3) that the non-compliance was discovered and | 18 |
| disclosed prior to:
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| (i) the commencement of an Agency inspection, | 20 |
| investigation, or request
for information;
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| (ii) notice of a citizen suit;
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| (iii) the filing of a complaint by a citizen, the | 23 |
| Illinois Attorney
General, or the State's Attorney of | 24 |
| the county in which the violation occurred;
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| (iv) the reporting of the non-compliance by an | 26 |
| employee of the person
without that person's |
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| knowledge; or
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| (v) imminent discovery of the non-compliance by | 3 |
| the Agency;
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| (4) that the non-compliance is being corrected and any | 5 |
| environmental
harm is being remediated in a timely fashion;
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| (5) that the person agrees to prevent a recurrence of | 7 |
| the non-compliance;
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| (6) that no related non-compliance events have | 9 |
| occurred in the
past 3 years at the same facility or in the | 10 |
| past 5 years as part of a
pattern at multiple facilities | 11 |
| owned or operated by the person;
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| (7) that the non-compliance did not result in serious | 13 |
| actual
harm or present an imminent and substantial | 14 |
| endangerment to human
health or the environment or violate | 15 |
| the specific terms of any judicial or
administrative order | 16 |
| or consent agreement;
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| (8) that the person cooperates as reasonably requested | 18 |
| by the Agency
after the disclosure; and
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| (9) that the non-compliance was identified voluntarily | 20 |
| and not through a
monitoring, sampling, or auditing | 21 |
| procedure that is required by statute, rule,
permit, | 22 |
| judicial or administrative order, or consent agreement.
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| If a person can establish all of the elements under this | 24 |
| subsection except
the element set forth in paragraph (1) of | 25 |
| this subsection, the person is
entitled to a 75% reduction in | 26 |
| the portion of the penalty that is not based
upon the economic |
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| benefit of non-compliance.
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| (j) In addition to an other remedy or penalty that may
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| apply, whether civil or criminal, any person who violates | 4 |
| Section 22.52 of this Act shall be liable for an additional | 5 |
| civil penalty of up to 3 times the gross amount of any | 6 |
| pecuniary gain resulting from the violation.
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| (Source: P.A. 94-272, eff. 7-19-05; 94-580, eff. 8-12-05; | 8 |
| 95-331, eff. 8-21-07.)
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| (415 ILCS 5/55) (from Ch. 111 1/2, par. 1055)
| 10 |
| Sec. 55. Prohibited activities.
| 11 |
| (a) No person shall:
| 12 |
| (1) Cause or allow the open dumping of any used or | 13 |
| waste tire.
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| (2) Cause or allow the open burning of any used or | 15 |
| waste tire.
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| (3) Except at a tire storage site which contains more | 17 |
| than 50 used
tires, cause or allow the storage of any used | 18 |
| tire unless the tire is
altered, reprocessed, converted, | 19 |
| covered, or otherwise prevented from
accumulating water.
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| (4) Cause or allow the operation of a tire storage site | 21 |
| except in
compliance with Board regulations.
| 22 |
| (5) Abandon, dump or dispose of any used or waste tire | 23 |
| on private or
public property, except in a sanitary | 24 |
| landfill approved by the Agency
pursuant to regulations | 25 |
| adopted by the Board.
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| (6) Fail to submit required reports, tire removal | 2 |
| agreements,
or Board regulations.
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| (b) (Blank.)
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| (b-1) Beginning January 1, 1995,
no person shall knowingly | 5 |
| mix any used or waste tire, either whole or cut, with
municipal | 6 |
| waste, and no owner or operator of a sanitary landfill shall | 7 |
| accept
any used or waste tire for final disposal; except that | 8 |
| used or waste tires,
when separated from other waste, may be | 9 |
| accepted if: (1) the sanitary landfill
provides and maintains a | 10 |
| means for shredding, slitting, or chopping whole tires
and so | 11 |
| treats whole tires and, if approved by the Agency in a permit | 12 |
| issued
under this Act, uses the used or waste tires for | 13 |
| alternative uses, which may
include on-site practices such as | 14 |
| lining of roadways with tire scraps,
alternative daily cover, | 15 |
| or use in a leachate collection system or (2) the
sanitary | 16 |
| landfill, by its notification to the Illinois Industrial | 17 |
| Materials
Exchange Service, makes available the used or waste | 18 |
| tire to an appropriate
facility for reuse, reprocessing, or | 19 |
| converting, including use as an alternate
energy fuel. If, | 20 |
| within 30 days after notification to the Illinois Industrial
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| Materials Exchange Service of the availability of waste tires, | 22 |
| no specific
request for the used or waste tires is received by | 23 |
| the sanitary landfill, and
the sanitary landfill determines it | 24 |
| has no alternative use for those used or
waste tires, the | 25 |
| sanitary landfill may dispose of slit, chopped, or
shredded | 26 |
| used or waste tires in the sanitary landfill.
In the event the |
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| physical condition of a used or waste tire makes shredding,
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| slitting, chopping, reuse, reprocessing, or other alternative | 3 |
| use of the used
or waste tire impractical or infeasible, then | 4 |
| the sanitary landfill, after
authorization by the Agency, may | 5 |
| accept the used or waste tire for disposal.
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| Sanitary landfills and facilities for reuse, reprocessing, | 7 |
| or converting,
including use as alternative fuel, shall (i) | 8 |
| notify the Illinois Industrial
Materials Exchange Service of | 9 |
| the availability of and demand for used or waste
tires and (ii) | 10 |
| consult with the Department of Commerce and Economic | 11 |
| Opportunity
regarding the status of marketing of waste tires to | 12 |
| facilities for reuse.
| 13 |
| (c) Any person who sells new or used
tires at retail or | 14 |
| operates a tire storage
site or a tire disposal site which | 15 |
| contains more than 50 used or waste
tires shall give notice of | 16 |
| such activity to the Agency. Any person
engaging in such | 17 |
| activity for the first time after January 1, 1990, shall
give | 18 |
| notice to the Agency within 30 days after the date of | 19 |
| commencement of
the activity. The form of such notice shall be | 20 |
| specified by the Agency and
shall be limited to information | 21 |
| regarding the following:
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| (1) the name and address of the owner and operator;
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| (2) the name, address and location of the operation;
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| (3) the type of operations involving used and waste | 25 |
| tires (storage,
disposal, conversion or processing); and
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| (4) the number of used and waste tires present at the |
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| location.
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| (d) Beginning January 1, 1992, no person shall cause or | 3 |
| allow the
operation of:
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| (1) a tire storage site which contains more than 50 | 5 |
| used tires,
unless the owner or operator, by January 1, | 6 |
| 1992 (or the January 1
following commencement of operation, | 7 |
| whichever is later) and January 1 of
each year thereafter, | 8 |
| (i) registers the site with the Agency, (ii)
certifies to | 9 |
| the Agency that the site complies with any applicable
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| standards adopted by the Board pursuant to Section 55.2, | 11 |
| (iii) reports to
the Agency the number of tires | 12 |
| accumulated, the status of vector controls,
and the actions | 13 |
| taken to handle and process the tires, and (iv) pays the
| 14 |
| fee required under subsection (b) of Section 55.6; or
| 15 |
| (2) a tire disposal site, unless the owner or operator | 16 |
| (i) has
received approval from the Agency after filing a | 17 |
| tire removal agreement
pursuant to Section 55.4, or (ii) | 18 |
| has entered into a written agreement to
participate in a | 19 |
| consensual removal action under Section 55.3.
| 20 |
| The Agency shall provide written forms for the annual | 21 |
| registration and
certification required under this subsection | 22 |
| (d).
| 23 |
| (e) No person shall cause or allow the storage, disposal, | 24 |
| treatment or
processing of any used or waste tire in violation | 25 |
| of any regulation or
standard adopted by the Board.
| 26 |
| (f) No person shall arrange for the transportation of used |
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| or waste tires
away from the site of generation with a person | 2 |
| known to openly dump such tires.
| 3 |
| (g) No person shall engage in any operation as a used or | 4 |
| waste tire
transporter except in compliance with Board | 5 |
| regulations.
| 6 |
| (h) No person shall cause or allow the combustion of any | 7 |
| used or waste
tire in an enclosed device unless a permit has | 8 |
| been issued by the Agency
authorizing such combustion pursuant | 9 |
| to regulations adopted by the Board
for the control of air | 10 |
| pollution and consistent with the provisions of
Section 9.4 of | 11 |
| this Act.
| 12 |
| (i) No person shall cause or allow the use of pesticides to | 13 |
| treat tires
except as prescribed by Board regulations.
| 14 |
| (j) No person shall fail to comply with the terms of a tire | 15 |
| removal
agreement approved by the Agency pursuant to Section | 16 |
| 55.4.
| 17 |
| (k) No person shall: | 18 |
| (1) Cause or allow water to accumulate in used or waste | 19 |
| tires. The prohibition set forth in this paragraph (1) of | 20 |
| subsection (k) shall not apply to used or waste tires | 21 |
| located at a residential household, as long as not more | 22 |
| than 12 used or waste tires are located at the site. | 23 |
| (2) Fail to collect a fee required under Section 55.8 | 24 |
| of this Title. | 25 |
| (3) Fail to file a return required under Section 55.10 | 26 |
| of this Title. |
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| (4) Transport used or waste tires in violation of the | 2 |
| registration and vehicle placarding requirements adopted | 3 |
| by the Board. | 4 |
| (Source: P.A. 93-32, eff. 6-20-03; 93-52, eff. 6-30-03; 94-793, | 5 |
| eff. 5-19-06.)
| 6 |
| (415 ILCS 5/55.1) (from Ch. 111 1/2, par. 1055.1)
| 7 |
| Sec. 55.1.
(a) The prohibitions set forth in subdivision | 8 |
| (a)(3) of
Section 55 of this Act shall not apply to used tires:
| 9 |
| (1) generated and located at a site as a result of the | 10 |
| growing and
harvesting of agricultural crops or the raising | 11 |
| of animals, as long as not
more than 20 used tires are | 12 |
| located at the site;
| 13 |
| (2) located at a residential household, as long as not | 14 |
| more than 12 used
tires are located at the site; or
| 15 |
| (3) which were placed in service for recreational | 16 |
| purposes prior to
January 1, 1990 at a school, park or | 17 |
| playground, provided that the used
tires are altered by | 18 |
| January 1, 1992.
| 19 |
| (b) The prohibitions set forth in subdivisions (a)(3), | 20 |
| (a)(4), (c),
(d), (e) , and (g) , and (k)(4)
of Section 55 of | 21 |
| this Act shall not apply to used or waste tires collected
by a | 22 |
| not-for-profit corporation if:
| 23 |
| (1) the collection location has been approved by the | 24 |
| applicable general
purpose unit of local government;
| 25 |
| (2) the collected tires are transported to a facility |
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| permitted by the
Agency to store, process or dispose of | 2 |
| used or waste tires within 7 days
after collection; and
| 3 |
| (3) the collection does not occur as a continuous | 4 |
| business operation.
| 5 |
| (c) The prohibitions set forth in subdivisions (a)(3), | 6 |
| (a)(4), (c),
(d), (e) , and (g) , and (k)(4) of Section 55 of | 7 |
| this Act shall not apply to used or waste
tires collected by | 8 |
| the State or a unit of local government, provided that:
| 9 |
| (1) the collection is part of an established program to | 10 |
| take preventive
or corrective action regarding such tires;
| 11 |
| (2) any staging sites for handling such tires are | 12 |
| reasonably secure and
regularly maintained in a safe | 13 |
| manner; and
| 14 |
| (3) the Agency is notified in writing during January of | 15 |
| each calendar
year regarding the location of the staging | 16 |
| sites, the number of such tires
accumulated, the status of | 17 |
| vector controls, and actions taken to process
such tires.
| 18 |
| The Agency shall provide written confirmation to a State | 19 |
| agency or unit
of local government regarding the applicability | 20 |
| of this subsection
upon receipt of a written description of its | 21 |
| established program, and each
January following receipt of the | 22 |
| annual report required under subdivision
(c)(3) of this | 23 |
| subsection.
| 24 |
| For purposes of determining the applicability of this | 25 |
| subsection, any
municipality with a population over 1,000,000 | 26 |
| may certify to
the Agency by January 1, 1990 that it operates |
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| an established program. Upon
the filing of such a | 2 |
| certification, the established program shall be deemed
to | 3 |
| satisfy the provisions of subdivisions (1) and (2) of this | 4 |
| subsection.
| 5 |
| (d) The prohibitions set forth in subdivision (a)(5) of | 6 |
| Section 55 of
this Act shall not apply to used tires that are | 7 |
| generated and located at a
permitted coal mining site after use | 8 |
| on specialized coal hauling and
extraction vehicles.
| 9 |
| (Source: P.A. 86-452.)
| 10 |
| Section 99. Effective date. This Act takes effect upon | 11 |
| becoming law.
|
|