Illinois General Assembly - Full Text of SB0431
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Full Text of SB0431  94th General Assembly

SB0431sam001 94TH GENERAL ASSEMBLY

Sen. Debbie DeFrancesco Halvorson

Filed: 4/11/2005

 

 


 

 


 
09400SB0431sam001 LRB094 09305 RSP 44857 a

1
AMENDMENT TO SENATE BILL 431

2     AMENDMENT NO. ______. Amend Senate Bill 431 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The State Finance Act is amended by adding
5 Section 5.640 as follows:
 
6     (30 ILCS 105/5.640 new)
7     Sec. 5.640. The Clean Communities Recycling Fund.
 
8     Section 10. The Environmental Protection Act is amended by
9 changing Sections 21.3, 22.44, 34, 39, 42, and 58.8 and by
10 adding Sections 4.2, 21.7, 22.15a, 22.50, 22.51, and 22.52 as
11 follows:
 
12     (415 ILCS 5/4.2 new)
13     Sec. 4.2. Guidance documents. The Agency is authorized to
14 prepare and distribute guidance documents relative to its
15 administration of this Act and rules adopted pursuant to this
16 Act. These documents shall not be considered rules for the
17 purposes of the Illinois Administrative Procedure Act.
 
18     (415 ILCS 5/21.3)  (from Ch. 111 1/2, par. 1021.3)
19     Sec. 21.3. Environmental reclamation lien.
20     (a) All costs and damages for which a person is liable to
21 the State of Illinois under Section 22.2, 22.15a, 55.3, or

 

 

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1 57.12 and Section 22.18 shall constitute an environmental
2 reclamation lien in favor of the State of Illinois upon all
3 real property and rights to such property which:
4         (1) belong to such person; and
5         (2) are subject to or affected by a removal or remedial
6     action under Section 22.2 or investigation, preventive
7     action, corrective action, or enforcement action under
8     Section 22.15a, 55.3, or 57.12 22.18.
9     (b) An environmental reclamation lien shall continue until
10 the liability for the costs and damages, or a judgment against
11 the person arising out of such liability, is satisfied.
12     (c) An environmental reclamation lien shall be effective
13 upon the filing by the Agency of a Notice of Environmental
14 Reclamation Lien with the recorder or the registrar of titles
15 of the county in which the real property lies. The Agency shall
16 not file an environmental reclamation lien, and no such lien
17 shall be valid, unless the Agency has sent notice pursuant to
18 subsection (q) of Section 4, subsection (c) of Section 22.15a,
19 subsection (d) of Section 55.3, or subsection (c) of Section
20 57.12 of this Act to owners of the real property. Nothing in
21 this Section shall be construed to give the Agency's lien a
22 preference over the rights of any bona fide purchaser or
23 mortgagee or other lienholder (not including the United States
24 when holding an unfiled lien) arising prior to the filing of a
25 notice of environmental reclamation lien in the office of the
26 recorder or registrar of titles of the county in which the
27 property subject to the lien is located. For purposes of this
28 Section, the term "bona fide" shall not include any mortgage of
29 real or personal property or any other credit transaction that
30 results in the mortgagee or the holder of the security acting
31 as trustee for unsecured creditors of the liable person
32 mentioned in the notice of lien who executed such chattel or
33 real property mortgage or the document evidencing such credit
34 transaction. Such lien shall be inferior to the lien of general

 

 

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1 taxes, special assessments and special taxes heretofore or
2 hereafter levied by any political subdivision of this State.
3     (d) The environmental reclamation lien shall not exceed the
4 amount of expenditures as itemized on the Affidavit of
5 Expenditures attached to and filed with the Notice of
6 Environmental Reclamation Lien. The Affidavit of Expenditures
7 may be amended if additional costs or damages are incurred.
8     (e) Upon filing of the Notice of Environmental Reclamation
9 Lien a copy with attachments shall be served upon the owners of
10 the real property. Notice of such service shall be served on
11 all lienholders of record as of the date of filing.
12     (f) (Blank) Within 60 days after initiating response or
13 remedial action at the site under Section 22.2 or 22.18, the
14 Agency shall file a Notice of Response Action in Progress. The
15 Notice shall be filed with the recorder or registrar of titles
16 of the county in which the real property lies.
17     (g) In addition to any other remedy provided by the laws of
18 this State, the Agency may foreclose in the circuit court an
19 environmental reclamation lien on real property for any costs
20 or damages imposed under Section 22.2, 22.15a, 55.3, or 57.12
21 or Section 22.18 to the same extent and in the same manner as
22 in the enforcement of other liens. The process, practice and
23 procedure for such foreclosure shall be the same as provided in
24 Article XV of the Code of Civil Procedure. Nothing in this
25 Section shall affect the right of the State of Illinois to
26 bring an action against any person to recover all costs and
27 damages for which such person is liable under Section 22.2,
28 22.15a, 55.3, or 57.12 or Section 22.18.
29     (h) Any liability to the State under Section 22.2, 22.15a,
30 55.3, or 57.12 or Section 22.18 shall constitute a debt to the
31 State. Interest on such debt shall begin to accrue at a rate of
32 12% per annum from the date of the filing of the Notice of
33 Environmental Reclamation Lien under paragraph (c). Accrued
34 interest shall be included as a cost incurred by the State of

 

 

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1 Illinois under Section 22.2, 22.15a, 55.3, or 57.12 or Section
2 22.18.
3     (i) "Environmental reclamation lien" means a lien
4 established under this Section.
5 (Source: P.A. 92-574, eff. 6-26-02.)
 
6     (415 ILCS 5/21.7 new)
7     Sec. 21.7. Clean Communities Recycling Fund. The Clean
8 Communities Recycling Fund is created as a special fund in the
9 State treasury. Moneys in the Fund shall be used, subject to
10 appropriation, by the Agency solely for anti-litter programs,
11 including but not limited to litter cleanup efforts by the
12 State and local governments, adopt-a-highway programs, and
13 education efforts to encourage recycling and discourage
14 littering.
 
15     (415 ILCS 5/22.15a new)
16     Sec. 22.15a. Open dumping cleanup program.
17     (a) Upon making a finding that open dumping poses a threat
18 to the public health or to the environment, the Agency may take
19 whatever preventive or corrective action is necessary or
20 appropriate to end that threat. This preventive or corrective
21 action may consist of any or all of the following:
22         (1) Removing waste from the site.
23         (2) Removing soil and water contamination that is
24     related to waste at the site.
25         (3) Installing devices to monitor and control
26     groundwater and surface water contamination that is
27     related to waste at the site.
28         (4) Taking any other actions that are authorized by
29     Board regulations.
30     (b) Subject to the availability of appropriated funds, the
31 Agency may undertake a consensual removal action for the
32 removal of up to 20 cubic yards of waste at no cost to the owner

 

 

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1 of property where open dumping has occurred in accordance with
2 the following requirements:
3         (1) Actions under this subsection must be taken
4     pursuant to a written agreement between the Agency and the
5     owner of the property.
6         (2) The written agreement must at a minimum specify:
7             (A) that the owner relinquishes any claim of an
8         ownership interest in any waste that is removed and in
9         any proceeds from its sale;
10             (B) that waste will no longer be allowed to
11         accumulate at the site in a manner that constitutes
12         open dumping;
13             (C) that the owner will hold harmless the Agency
14         and any employee or contractor used by the Agency to
15         effect the removal for any damage to property incurred
16         during the course of action under this subsection,
17         except for damage incurred by gross negligence or
18         intentional misconduct; and
19             (D) any conditions imposed upon or assistance
20         required from the owner to assure that the waste is so
21         located or arranged as to facilitate its removal.
22         (3) The Agency may establish by rule the conditions and
23     priorities for the removal of waste under this subsection
24     (b).
25         (4) The Agency must prescribe the form of written
26     agreements under this subsection (b).
27     (c) The Agency may provide notice to the owner of property
28 where open dumping has occurred whenever the Agency finds that
29 open dumping poses a threat to public health or the
30 environment. The notice provided by the Agency must include the
31 identified preventive or corrective action and must provide an
32 opportunity for the owner to perform the action.
33     (d) In accordance with constitutional limitations, the
34 Agency may enter, at all reasonable times, upon any private or

 

 

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1 public property for the purpose of taking any preventive or
2 corrective action that is necessary and appropriate under this
3 Section whenever the Agency finds that open dumping poses a
4 threat to the public health or to the environment.
5     (e) Notwithstanding any other provision or rule of law and
6 subject only to the defenses set forth in subsection (g) of
7 this Section, the following persons shall be liable for all
8 costs of corrective or preventive action incurred by the State
9 of Illinois as a result of open dumping, including the
10 reasonable costs of collection:
11         (1) any person with an ownership interest in property
12     where open dumping has occurred;
13         (2) any person with an ownership or leasehold interest
14     in the property at the time the open dumping occurred;
15         (3) any person who transported waste that was open
16     dumped at the property; and
17         (4) any person who open dumped at the property.
18     Any moneys received by the Agency under this subsection (e)
19 must be deposited into the Subtitle D Management Fund.
20     (f) Any person liable to the Agency for costs incurred
21 under subsection (e) of this Section may be liable to the State
22 of Illinois for punitive damages in an amount at least equal to
23 and not more than 3 times the costs incurred by the State if
24 that person failed, without sufficient cause, to take
25 preventive or corrective action under the notice issued under
26 subsection (c) of this Section.
27     (g) There shall be no liability under subsection (e) of
28 this Section for a person otherwise liable who can establish by
29 a preponderance of the evidence that the hazard created by the
30 open dumping was caused solely by:
31         (1) an act of God;
32         (2) an act of war; or
33         (3) an act or omission of a third party other than an
34     employee or agent and other than a person whose act or

 

 

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1     omission occurs in connection with a contractual
2     relationship with the person otherwise liable. For the
3     purposes of this paragraph, "contractual relationship"
4     includes, but is not limited to, land contracts, deeds, and
5     other instruments transferring title or possession, unless
6     the real property upon which the open dumping occurred was
7     acquired by the defendant after the open dumping occurred
8     and one or more of the following circumstances is also
9     established by a preponderance of the evidence:
10             (A) at the time the defendant acquired the
11         property, the defendant did not know and had no reason
12         to know that any open dumping had occurred and the
13         defendant undertook, at the time of acquisition, all
14         appropriate inquiries into the previous ownership and
15         uses of the property consistent with good commercial or
16         customary practice in an effort to minimize liability;
17             (B) the defendant is a government entity that
18         acquired the property by escheat or through any other
19         involuntary transfer or acquisition, or through the
20         exercise of eminent domain authority by purchase or
21         condemnation; or
22             (C) the defendant acquired the property by
23         inheritance or bequest.
24     (h) Nothing in this Section shall affect or modify the
25 obligations or liability of any person under any other
26 provision of this Act, federal law, or State law, including the
27 common law, for injuries, damages, or losses resulting from the
28 circumstances leading to Agency action under this Section.
29     (i) The costs and damages provided for in this Section may
30 be imposed by the Board in an action brought before the Board
31 in accordance with Title VIII of this Act, except that
32 subsection (c) of Section 33 of this Act shall not apply to any
33 such action.
34     (j) Neither the State, the Agency, the Board, the Director,

 

 

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1 nor any State employee is liable for any damage or injury
2 arising out of or resulting from any action taken under this
3 Section.
 
4     (415 ILCS 5/22.44)
5     Sec. 22.44. Subtitle D management fees.
6     (a) There is created within the State treasury a special
7 fund to be known as the "Subtitle D Management Fund"
8 constituted from the fees collected by the State under this
9 Section.
10     (b) The Agency shall assess and collect a fee in the amount
11 set forth in this subsection from the owner or operator of each
12 sanitary landfill permitted or required to be permitted by the
13 Agency to dispose of solid waste if the sanitary landfill is
14 located off the site where the waste was produced and if the
15 sanitary landfill is owned, controlled, and operated by a
16 person other than the generator of the waste. The Agency shall
17 deposit all fees collected under this subsection into the
18 Subtitle D Management Fund. If a site is contiguous to one or
19 more landfills owned or operated by the same person, the
20 volumes permanently disposed of by each landfill shall be
21 combined for purposes of determining the fee under this
22 subsection.
23         (1) If more than 150,000 cubic yards of non-hazardous
24     solid waste is permanently disposed of at a site in a
25     calendar year, the owner or operator shall either pay a fee
26     of 10.1 cents per cubic yard or, alternatively, the owner
27     or operator may weigh the quantity of the solid waste
28     permanently disposed of with a device for which
29     certification has been obtained under the Weights and
30     Measures Act and pay a fee of 22 cents per ton of waste
31     permanently disposed of.
32         (2) If more than 100,000 cubic yards, but not more than
33     150,000 cubic yards, of non-hazardous waste is permanently

 

 

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1     disposed of at a site in a calendar year, the owner or
2     operator shall pay a fee of $7,020.
3         (3) If more than 50,000 cubic yards, but not more than
4     100,000 cubic yards, of non-hazardous solid waste is
5     permanently disposed of at a site in a calendar year, the
6     owner or operator shall pay a fee of $3,120.
7         (4) If more than 10,000 cubic yards, but not more than
8     50,000 cubic yards, of non-hazardous solid waste is
9     permanently disposed of at a site in a calendar year, the
10     owner or operator shall pay a fee of $975.
11         (5) If not more than 10,000 cubic yards of
12     non-hazardous solid waste is permanently disposed of at a
13     site in a calendar year, the owner or operator shall pay a
14     fee of $210.
15     (c) The fee under subsection (b) shall not apply to any of
16 the following:
17         (1) Hazardous waste.
18         (2) Pollution control waste.
19         (3) Waste from recycling, reclamation, or reuse
20     processes that have been approved by the Agency as being
21     designed to remove any contaminant from wastes so as to
22     render the wastes reusable, provided that the process
23     renders at least 50% of the waste reusable.
24         (4) Non-hazardous solid waste that is received at a
25     sanitary landfill and composted or recycled through a
26     process permitted by the Agency.
27         (5) Any landfill that is permitted by the Agency to
28     receive only demolition or construction debris or
29     landscape waste.
30     (d) The Agency shall establish rules relating to the
31 collection of the fees authorized by this Section. These rules
32 shall include, but not be limited to the following:
33         (1) Necessary records identifying the quantities of
34     solid waste received or disposed.

 

 

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1         (2) The form and submission of reports to accompany the
2     payment of fees to the Agency.
3         (3) The time and manner of payment of fees to the
4     Agency, which payments shall not be more often than
5     quarterly.
6         (4) Procedures setting forth criteria establishing
7     when an owner or operator may measure by weight or volume
8     during any given quarter or other fee payment period.
9     (e) Fees collected under this Section shall be in addition
10 to any other fees collected under any other Section.
11     (f) The Agency shall not refund any fee paid to it under
12 this Section.
13     (g) Pursuant to appropriation, all moneys in the Subtitle D
14 Management Fund shall be used by the Agency to administer the
15 United States Environmental Protection Agency's Subtitle D
16 Program provided in Sections 4004 and 4010 of the Resource
17 Conservation and Recovery Act of 1976 (P.L. 94-580) as it
18 relates to a municipal solid waste landfill program in Illinois
19 and to fund a delegation of inspecting, investigating, and
20 enforcement functions, within the municipality only, pursuant
21 to subsection (r) of Section 4 of this Act to a municipality
22 having a population of more than 1,000,000 inhabitants. The
23 Agency shall execute a delegation agreement pursuant to
24 subsection (r) of Section 4 of this Act with a municipality
25 having a population of more than 1,000,000 inhabitants within
26 90 days of September 13, 1993 and shall on an annual basis
27 distribute from the Subtitle D Management Fund to that
28 municipality no less than $150,000. Pursuant to appropriation,
29 moneys in the Subtitle D Management Fund may also be used by
30 the Agency for activities conducted under Section 22.15a of
31 this Act.
32 (Source: P.A. 92-574, eff. 6-26-02; 93-32, eff. 7-1-03.)
 
33     (415 ILCS 5/22.50 new)

 

 

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1     Sec. 22.50. Compliance with land use limitations. No
2 person shall use, or cause or allow the use of, any site for
3 which a land use limitation has been imposed under this Act in
4 a manner inconsistent with the land use limitation unless
5 further investigation or remedial action has been conducted
6 that documents the attainment of remedial objectives
7 appropriate for the new land use and a new closure letter has
8 been obtained from the Agency and recorded in the chain of
9 title for the site. For the purpose of this Section, the term
10 "land use limitation" shall include, but shall not be limited
11 to, institutional controls and engineered barriers imposed
12 under this Act and the regulations adopted under this Act. For
13 the purposes of this Section, the term "closure letter" shall
14 include, but shall not be limited to, No Further Remediation
15 Letters issued under Titles XVI and XVII of this Act and the
16 regulations adopted under those Titles.
 
17     (415 ILCS 5/22.51 new)
18     Sec. 22.51. Clean Construction or Demolition Debris Fill
19 Operations.
20     (a) No person shall conduct any clean construction or
21 demolition debris fill operation in violation of this Act or
22 any regulations or standards adopted by the Board.
23     (b)(1)(A) Beginning 30 days after the effective date of
24 this amendatory Act of the 94th General Assembly but prior to
25 July 1, 2008, no person shall use clean construction or
26 demolition debris as fill material in a current or former
27 quarry, mine, or other excavation, unless they have applied for
28 an interim authorization from the Agency for the clean
29 construction or demolition debris fill operation.
30     (B) The Agency shall approve an interim authorization upon
31 its receipt of a written application for the interim
32 authorization that is signed by the site owner and the site
33 operator, or their duly authorized agent, and that contains the

 

 

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1 following information: (i) the location of the site where the
2 clean construction or demolition debris fill operation is
3 taking place, (ii) the name and address of the site owner,
4 (iii) the name and address of the site operator, and (iv) the
5 types and amounts of clean construction or demolition debris
6 being used as fill material at the site.
7     (C) The Agency may deny an interim authorization if the
8 site owner or the site operator, or their duly authorized
9 agent, fails to provide to the Agency the information listed in
10 subsection (b)(1)(B) of this Section. Any denial of an interim
11 authorization shall be subject to appeal to the Board in
12 accordance with the procedures of Section 40 of this Act.
13     (D) No person shall use clean construction or demolition
14 debris as fill material in a current or former quarry, mine, or
15 other excavation for which the Agency has denied interim
16 authorization under subsection (b)(1)(C) of this Section. The
17 Board may stay the prohibition of this subsection (D) during
18 the pendency, of an appeal of the Agency's denial of the
19 interim authorization brought under subsection (b)(1)(C) of
20 this Section.
21     (2) Beginning September 1, 2006, owners and operators of
22 clean construction or demolition debris fill operations shall,
23 in accordance with a schedule prescribed by the Agency, submit
24 to the Agency applications for the permits required under this
25 Section. The Agency shall notify owners and operators in
26 writing of the due date for their permit application. The due
27 date shall be no less than 90 days after the date of the
28 Agency's written notification. Owners and operators who do not
29 receive a written notification from the Agency by October 1,
30 2007, shall submit a permit application to the Agency by
31 January 1, 2008. The interim authorization of owners and
32 operators who fail to submit a permit application to the Agency
33 by the permit application's due date shall terminate on (i) the
34 due date established by the Agency if the owner or operator

 

 

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1 received a written notification from the Agency prior to
2 October 1, 2007, or (ii) or January 1, 2008, if the owner or
3 operator did not receive a written notification from the Agency
4 by October 1, 2007.
5     (3) On and after July_1, 2008, no person shall use clean
6 construction or demolition debris as fill material in a current
7 or former quarry, mine, or other excavation without a permit
8 granted by the Agency for the clean construction or demolition
9 debris fill operation or in violation of any conditions imposed
10 by such permit, including periodic reports and full access to
11 adequate records and the inspection of facilities, as may be
12 necessary to assure compliance with this Act and with Board
13 regulations and standards adopted under this Act.
14     (4) This subsection (b) does not apply to the use of clean
15 construction or demolition debris as fill material in a current
16 or former quarry, mine, or other excavation located on the site
17 where the clean construction or demolition debris was
18 generated.
19     (c) In accordance with Title VII of this Act, the Board may
20 adopt regulations to promote the purposes of this Section. The
21 Agency shall consult with the mining and construction
22 industries during the development of any regulations to promote
23 the purposes of this Section.
24         (1) No later than December 15, 2005, the Agency shall
25     propose to the Board, and no later than September 1, 2006,
26     the Board shall adopt, regulations for the use of clean
27     construction or demolition debris as fill material in
28     current and former quarries, mines, and other excavations.
29     Such regulations shall include, but shall not be limited
30     to, standards for clean construction or demolition debris
31     fill operations and the submission and review of permits
32     required under this Section.
33         (2) Until the Board adopts rules under subsection
34     (c)(1) of this Section, all persons using clean

 

 

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1     construction or demolition debris as fill material in a
2     current or former quarry, mine, or other excavation shall:
3             (A) Assure that only clean construction or
4         demolition debris is being used as fill material by
5         screening each truckload of material received using a
6         device approved by the Agency that detects volatile
7         organic compounds. Such devices may include, but are
8         not limited to, photo ionization detectors. All
9         screening devices shall be operated and maintained in
10         accordance with manufacturer's specifications.
11         Unacceptable fill material shall be rejected from the
12         site; and
13             (B) Retain for a minimum of 3 years the following
14         information:
15                 (i) The name of the hauler, the name of the
16             generator, and place of origin of the debris or
17             soil;
18                 (ii) The approximate weight or volume of the
19             debris or soil; and
20                 (iii) The date the debris or soil was received.
21     (d) This Section applies only to clean construction or
22 demolition debris that is not considered "waste" as provided in
23 Section 3.160 of this Act.
 
24     (415 ILCS 5/22.52 new)
25     Sec. 22.52. Conflict of interest. Effective 30 days after
26 the effective date of this amendatory Act of the 94th General
27 Assembly, none of the following persons shall have a direct
28 financial interest in or receive a personal financial benefit
29 from any waste-disposal operation or any clean construction or
30 demolition debris fill operation that requires a permit or
31 interim authorization under this Act, or any corporate entity
32 related to any such waste-disposal operation or clean
33 construction or demolition debris fill operation:

 

 

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1         (i) the Governor of the State of Illinois;
2         (ii) the Attorney General of the State of Illinois;
3         (iii) the Director of the Illinois Environmental
4     Protection Agency;
5         (iv) the Chairman of the Illinois Pollution Control
6     Board;
7         (v) the members of the Illinois Pollution Control
8     Board;
9         (vi) the staff of any person listed in items (i)
10     through (v) of this Section who makes a regulatory or
11     licensing decision that directly applies to any
12     waste-disposal operation or any clean construction or
13     demolition debris fill operation; and
14         (vii) a relative of any person listed in items (i)
15     through (vi) of this Section.
16 The prohibitions of this Section shall apply during the
17 person's term of State employment and shall continue for 5
18 years after the person's termination of State employment. The
19 prohibition of this Section shall not apply to any person whose
20 State employment terminates prior to 30 days after the
21 effective date of this Amendatory Act of the 94th General
22 Assembly.
23      For the purposes of this Section:
24         (a) The terms "direct financial interest" and
25     "personal financial benefit" do not include the ownership
26     of publicly traded stock.
27         (b) The term "relative" means father, mother, son,
28     daughter, brother, sister, uncle, aunt, husband, wife,
29     fatherin-law, or mother-in-law.
 
30     (415 ILCS 5/34)  (from Ch. 111 1/2, par. 1034)
31     Sec. 34. (a) Upon a finding that episode or emergency
32 conditions specified in Board regulations exist, the Agency
33 shall declare such alerts or emergencies as provided by those

 

 

09400SB0431sam001 - 16 - LRB094 09305 RSP 44857 a

1 regulations. While such an alert or emergency is in effect, the
2 Agency may seal any equipment, vehicle, vessel, aircraft, or
3 other facility operated in violation of such regulations.
4     (b) In other cases other than those identified in
5 subsection (a) of this Section:
6         (1) At any pollution control facility where in which
7     the Agency finds that an emergency condition exists
8     creating an immediate danger to public health or welfare or
9     the environment, the Agency may seal any equipment,
10     vehicle, vessel, aircraft, or other facility contributing
11     to the emergency condition; and .
12         (2) At any other site or facility where the Agency
13     finds that an imminent and substantial endangerment to the
14     public health or welfare or the environment exists, the
15     Agency may seal any equipment, vehicle, vessel, aircraft,
16     or other facility contributing to the imminent and
17     substantial endangerment.
18     (c) It shall be a Class A misdemeanor to break any seal
19 affixed under this section, or to operate any sealed equipment,
20 vehicle, vessel, aircraft, or other facility until the seal is
21 removed according to law.
22     (d) The owner or operator of any equipment, vehicle,
23 vessel, aircraft or other facility sealed pursuant to this
24 section is entitled to a hearing in accord with Section 32 of
25 this Act to determine whether the seal should be removed;
26 except that in such hearing at least one Board member shall be
27 present, and those Board members present may render a final
28 decision without regard to the requirements of paragraph (a) of
29 Section 5 of this Act. The petitioner may also seek immediate
30 injunctive relief.
31 (Source: P.A. 77-2830.)
 
32     (415 ILCS 5/39)  (from Ch. 111 1/2, par. 1039)
33     Sec. 39. Issuance of permits; procedures.

 

 

09400SB0431sam001 - 17 - LRB094 09305 RSP 44857 a

1     (a) When the Board has by regulation required a permit for
2 the construction, installation, or operation of any type of
3 facility, equipment, vehicle, vessel, or aircraft, the
4 applicant shall apply to the Agency for such permit and it
5 shall be the duty of the Agency to issue such a permit upon
6 proof by the applicant that the facility, equipment, vehicle,
7 vessel, or aircraft will not cause a violation of this Act or
8 of regulations hereunder. The Agency shall adopt such
9 procedures as are necessary to carry out its duties under this
10 Section. In making its determinations on permit applications
11 under this Section the Agency may consider prior adjudications
12 of noncompliance with this Act by the applicant that involved a
13 release of a contaminant into the environment. In granting
14 permits, the Agency may impose reasonable conditions
15 specifically related to the applicant's past compliance
16 history with this Act as necessary to correct, detect, or
17 prevent noncompliance. The Agency may impose such other
18 conditions as may be necessary to accomplish the purposes of
19 this Act, and as are not inconsistent with the regulations
20 promulgated by the Board hereunder. Except as otherwise
21 provided in this Act, a bond or other security shall not be
22 required as a condition for the issuance of a permit. If the
23 Agency denies any permit under this Section, the Agency shall
24 transmit to the applicant within the time limitations of this
25 Section specific, detailed statements as to the reasons the
26 permit application was denied. Such statements shall include,
27 but not be limited to the following:
28         (i) the Sections of this Act which may be violated if
29     the permit were granted;
30         (ii) the provision of the regulations, promulgated
31     under this Act, which may be violated if the permit were
32     granted;
33         (iii) the specific type of information, if any, which
34     the Agency deems the applicant did not provide the Agency;

 

 

09400SB0431sam001 - 18 - LRB094 09305 RSP 44857 a

1     and
2         (iv) a statement of specific reasons why the Act and
3     the regulations might not be met if the permit were
4     granted.
5     If there is no final action by the Agency within 90 days
6 after the filing of the application for permit, the applicant
7 may deem the permit issued; except that this time period shall
8 be extended to 180 days when (1) notice and opportunity for
9 public hearing are required by State or federal law or
10 regulation, (2) the application which was filed is for any
11 permit to develop a landfill subject to issuance pursuant to
12 this subsection, or (3) the application that was filed is for a
13 MSWLF unit required to issue public notice under subsection (p)
14 of Section 39. The 90-day and 180-day time periods for the
15 Agency to take final action do not apply to NPDES permit
16 applications under subsection (b) of this Section, to RCRA
17 permit applications under subsection (d) of this Section, or to
18 UIC permit applications under subsection (e) of this Section.
19     The Agency shall publish notice of all final permit
20 determinations for development permits for MSWLF units and for
21 significant permit modifications for lateral expansions for
22 existing MSWLF units one time in a newspaper of general
23 circulation in the county in which the unit is or is proposed
24 to be located.
25     After January 1, 1994 and until July 1, 1998, operating
26 permits issued under this Section by the Agency for sources of
27 air pollution permitted to emit less than 25 tons per year of
28 any combination of regulated air pollutants, as defined in
29 Section 39.5 of this Act, shall be required to be renewed only
30 upon written request by the Agency consistent with applicable
31 provisions of this Act and regulations promulgated hereunder.
32 Such operating permits shall expire 180 days after the date of
33 such a request. The Board shall revise its regulations for the
34 existing State air pollution operating permit program

 

 

09400SB0431sam001 - 19 - LRB094 09305 RSP 44857 a

1 consistent with this provision by January 1, 1994.
2     After June 30, 1998, operating permits issued under this
3 Section by the Agency for sources of air pollution that are not
4 subject to Section 39.5 of this Act and are not required to
5 have a federally enforceable State operating permit shall be
6 required to be renewed only upon written request by the Agency
7 consistent with applicable provisions of this Act and its
8 rules. Such operating permits shall expire 180 days after the
9 date of such a request. Before July 1, 1998, the Board shall
10 revise its rules for the existing State air pollution operating
11 permit program consistent with this paragraph and shall adopt
12 rules that require a source to demonstrate that it qualifies
13 for a permit under this paragraph.
14     (b) The Agency may issue NPDES permits exclusively under
15 this subsection for the discharge of contaminants from point
16 sources into navigable waters, all as defined in the Federal
17 Water Pollution Control Act, as now or hereafter amended,
18 within the jurisdiction of the State, or into any well.
19     All NPDES permits shall contain those terms and conditions,
20 including but not limited to schedules of compliance, which may
21 be required to accomplish the purposes and provisions of this
22 Act.
23     The Agency may issue general NPDES permits for discharges
24 from categories of point sources which are subject to the same
25 permit limitations and conditions. Such general permits may be
26 issued without individual applications and shall conform to
27 regulations promulgated under Section 402 of the Federal Water
28 Pollution Control Act, as now or hereafter amended.
29     The Agency may include, among such conditions, effluent
30 limitations and other requirements established under this Act,
31 Board regulations, the Federal Water Pollution Control Act, as
32 now or hereafter amended, and regulations pursuant thereto, and
33 schedules for achieving compliance therewith at the earliest
34 reasonable date.

 

 

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1     The Agency shall adopt filing requirements and procedures
2 which are necessary and appropriate for the issuance of NPDES
3 permits, and which are consistent with the Act or regulations
4 adopted by the Board, and with the Federal Water Pollution
5 Control Act, as now or hereafter amended, and regulations
6 pursuant thereto.
7     The Agency, subject to any conditions which may be
8 prescribed by Board regulations, may issue NPDES permits to
9 allow discharges beyond deadlines established by this Act or by
10 regulations of the Board without the requirement of a variance,
11 subject to the Federal Water Pollution Control Act, as now or
12 hereafter amended, and regulations pursuant thereto.
13     (c) Except for those facilities owned or operated by
14 sanitary districts organized under the Metropolitan Water
15 Reclamation District Act, no permit for the development or
16 construction of a new pollution control facility may be granted
17 by the Agency unless the applicant submits proof to the Agency
18 that the location of the facility has been approved by the
19 County Board of the county if in an unincorporated area, or the
20 governing body of the municipality when in an incorporated
21 area, in which the facility is to be located in accordance with
22 Section 39.2 of this Act.
23     In the event that siting approval granted pursuant to
24 Section 39.2 has been transferred to a subsequent owner or
25 operator, that subsequent owner or operator may apply to the
26 Agency for, and the Agency may grant, a development or
27 construction permit for the facility for which local siting
28 approval was granted. Upon application to the Agency for a
29 development or construction permit by that subsequent owner or
30 operator, the permit applicant shall cause written notice of
31 the permit application to be served upon the appropriate county
32 board or governing body of the municipality that granted siting
33 approval for that facility and upon any party to the siting
34 proceeding pursuant to which siting approval was granted. In

 

 

09400SB0431sam001 - 21 - LRB094 09305 RSP 44857 a

1 that event, the Agency shall conduct an evaluation of the
2 subsequent owner or operator's prior experience in waste
3 management operations in the manner conducted under subsection
4 (i) of Section 39 of this Act.
5     Beginning August 20, 1993, if the pollution control
6 facility consists of a hazardous or solid waste disposal
7 facility for which the proposed site is located in an
8 unincorporated area of a county with a population of less than
9 100,000 and includes all or a portion of a parcel of land that
10 was, on April 1, 1993, adjacent to a municipality having a
11 population of less than 5,000, then the local siting review
12 required under this subsection (c) in conjunction with any
13 permit applied for after that date shall be performed by the
14 governing body of that adjacent municipality rather than the
15 county board of the county in which the proposed site is
16 located; and for the purposes of that local siting review, any
17 references in this Act to the county board shall be deemed to
18 mean the governing body of that adjacent municipality;
19 provided, however, that the provisions of this paragraph shall
20 not apply to any proposed site which was, on April 1, 1993,
21 owned in whole or in part by another municipality.
22     In the case of a pollution control facility for which a
23 development permit was issued before November 12, 1981, if an
24 operating permit has not been issued by the Agency prior to
25 August 31, 1989 for any portion of the facility, then the
26 Agency may not issue or renew any development permit nor issue
27 an original operating permit for any portion of such facility
28 unless the applicant has submitted proof to the Agency that the
29 location of the facility has been approved by the appropriate
30 county board or municipal governing body pursuant to Section
31 39.2 of this Act.
32     After January 1, 1994, if a solid waste disposal facility,
33 any portion for which an operating permit has been issued by
34 the Agency, has not accepted waste disposal for 5 or more

 

 

09400SB0431sam001 - 22 - LRB094 09305 RSP 44857 a

1 consecutive calendars years, before that facility may accept
2 any new or additional waste for disposal, the owner and
3 operator must obtain a new operating permit under this Act for
4 that facility unless the owner and operator have applied to the
5 Agency for a permit authorizing the temporary suspension of
6 waste acceptance. The Agency may not issue a new operation
7 permit under this Act for the facility unless the applicant has
8 submitted proof to the Agency that the location of the facility
9 has been approved or re-approved by the appropriate county
10 board or municipal governing body under Section 39.2 of this
11 Act after the facility ceased accepting waste.
12     Except for those facilities owned or operated by sanitary
13 districts organized under the Metropolitan Water Reclamation
14 District Act, and except for new pollution control facilities
15 governed by Section 39.2, and except for fossil fuel mining
16 facilities, the granting of a permit under this Act shall not
17 relieve the applicant from meeting and securing all necessary
18 zoning approvals from the unit of government having zoning
19 jurisdiction over the proposed facility.
20     Before beginning construction on any new sewage treatment
21 plant or sludge drying site to be owned or operated by a
22 sanitary district organized under the Metropolitan Water
23 Reclamation District Act for which a new permit (rather than
24 the renewal or amendment of an existing permit) is required,
25 such sanitary district shall hold a public hearing within the
26 municipality within which the proposed facility is to be
27 located, or within the nearest community if the proposed
28 facility is to be located within an unincorporated area, at
29 which information concerning the proposed facility shall be
30 made available to the public, and members of the public shall
31 be given the opportunity to express their views concerning the
32 proposed facility.
33     The Agency may issue a permit for a municipal waste
34 transfer station without requiring approval pursuant to

 

 

09400SB0431sam001 - 23 - LRB094 09305 RSP 44857 a

1 Section 39.2 provided that the following demonstration is made:
2         (1) the municipal waste transfer station was in
3     existence on or before January 1, 1979 and was in
4     continuous operation from January 1, 1979 to January 1,
5     1993;
6         (2) the operator submitted a permit application to the
7     Agency to develop and operate the municipal waste transfer
8     station during April of 1994;
9         (3) the operator can demonstrate that the county board
10     of the county, if the municipal waste transfer station is
11     in an unincorporated area, or the governing body of the
12     municipality, if the station is in an incorporated area,
13     does not object to resumption of the operation of the
14     station; and
15         (4) the site has local zoning approval.
16     (d) The Agency may issue RCRA permits exclusively under
17 this subsection to persons owning or operating a facility for
18 the treatment, storage, or disposal of hazardous waste as
19 defined under this Act.
20     All RCRA permits shall contain those terms and conditions,
21 including but not limited to schedules of compliance, which may
22 be required to accomplish the purposes and provisions of this
23 Act. The Agency may include among such conditions standards and
24 other requirements established under this Act, Board
25 regulations, the Resource Conservation and Recovery Act of 1976
26 (P.L. 94-580), as amended, and regulations pursuant thereto,
27 and may include schedules for achieving compliance therewith as
28 soon as possible. The Agency shall require that a performance
29 bond or other security be provided as a condition for the
30 issuance of a RCRA permit.
31     In the case of a permit to operate a hazardous waste or PCB
32 incinerator as defined in subsection (k) of Section 44, the
33 Agency shall require, as a condition of the permit, that the
34 operator of the facility perform such analyses of the waste to

 

 

09400SB0431sam001 - 24 - LRB094 09305 RSP 44857 a

1 be incinerated as may be necessary and appropriate to ensure
2 the safe operation of the incinerator.
3     The Agency shall adopt filing requirements and procedures
4 which are necessary and appropriate for the issuance of RCRA
5 permits, and which are consistent with the Act or regulations
6 adopted by the Board, and with the Resource Conservation and
7 Recovery Act of 1976 (P.L. 94-580), as amended, and regulations
8 pursuant thereto.
9     The applicant shall make available to the public for
10 inspection all documents submitted by the applicant to the
11 Agency in furtherance of an application, with the exception of
12 trade secrets, at the office of the county board or governing
13 body of the municipality. Such documents may be copied upon
14 payment of the actual cost of reproduction during regular
15 business hours of the local office. The Agency shall issue a
16 written statement concurrent with its grant or denial of the
17 permit explaining the basis for its decision.
18     (e) The Agency may issue UIC permits exclusively under this
19 subsection to persons owning or operating a facility for the
20 underground injection of contaminants as defined under this
21 Act.
22     All UIC permits shall contain those terms and conditions,
23 including but not limited to schedules of compliance, which may
24 be required to accomplish the purposes and provisions of this
25 Act. The Agency may include among such conditions standards and
26 other requirements established under this Act, Board
27 regulations, the Safe Drinking Water Act (P.L. 93-523), as
28 amended, and regulations pursuant thereto, and may include
29 schedules for achieving compliance therewith. The Agency shall
30 require that a performance bond or other security be provided
31 as a condition for the issuance of a UIC permit.
32     The Agency shall adopt filing requirements and procedures
33 which are necessary and appropriate for the issuance of UIC
34 permits, and which are consistent with the Act or regulations

 

 

09400SB0431sam001 - 25 - LRB094 09305 RSP 44857 a

1 adopted by the Board, and with the Safe Drinking Water Act
2 (P.L. 93-523), as amended, and regulations pursuant thereto.
3     The applicant shall make available to the public for
4 inspection, all documents submitted by the applicant to the
5 Agency in furtherance of an application, with the exception of
6 trade secrets, at the office of the county board or governing
7 body of the municipality. Such documents may be copied upon
8 payment of the actual cost of reproduction during regular
9 business hours of the local office. The Agency shall issue a
10 written statement concurrent with its grant or denial of the
11 permit explaining the basis for its decision.
12     (f) In making any determination pursuant to Section 9.1 of
13 this Act:
14         (1) The Agency shall have authority to make the
15     determination of any question required to be determined by
16     the Clean Air Act, as now or hereafter amended, this Act,
17     or the regulations of the Board, including the
18     determination of the Lowest Achievable Emission Rate,
19     Maximum Achievable Control Technology, or Best Available
20     Control Technology, consistent with the Board's
21     regulations, if any.
22         (2) The Agency shall, after conferring with the
23     applicant, give written notice to the applicant of its
24     proposed decision on the application including the terms
25     and conditions of the permit to be issued and the facts,
26     conduct or other basis upon which the Agency will rely to
27     support its proposed action.
28         (3) Following such notice, the Agency shall give the
29     applicant an opportunity for a hearing in accordance with
30     the provisions of Sections 10-25 through 10-60 of the
31     Illinois Administrative Procedure Act.
32     (g) The Agency shall include as conditions upon all permits
33 issued for hazardous waste disposal sites such restrictions
34 upon the future use of such sites as are reasonably necessary

 

 

09400SB0431sam001 - 26 - LRB094 09305 RSP 44857 a

1 to protect public health and the environment, including
2 permanent prohibition of the use of such sites for purposes
3 which may create an unreasonable risk of injury to human health
4 or to the environment. After administrative and judicial
5 challenges to such restrictions have been exhausted, the Agency
6 shall file such restrictions of record in the Office of the
7 Recorder of the county in which the hazardous waste disposal
8 site is located.
9     (h) A hazardous waste stream may not be deposited in a
10 permitted hazardous waste site unless specific authorization
11 is obtained from the Agency by the generator and disposal site
12 owner and operator for the deposit of that specific hazardous
13 waste stream. The Agency may grant specific authorization for
14 disposal of hazardous waste streams only after the generator
15 has reasonably demonstrated that, considering technological
16 feasibility and economic reasonableness, the hazardous waste
17 cannot be reasonably recycled for reuse, nor incinerated or
18 chemically, physically or biologically treated so as to
19 neutralize the hazardous waste and render it nonhazardous. In
20 granting authorization under this Section, the Agency may
21 impose such conditions as may be necessary to accomplish the
22 purposes of the Act and are consistent with this Act and
23 regulations promulgated by the Board hereunder. If the Agency
24 refuses to grant authorization under this Section, the
25 applicant may appeal as if the Agency refused to grant a
26 permit, pursuant to the provisions of subsection (a) of Section
27 40 of this Act. For purposes of this subsection (h), the term
28 "generator" has the meaning given in Section 3.205 of this Act,
29 unless: (1) the hazardous waste is treated, incinerated, or
30 partially recycled for reuse prior to disposal, in which case
31 the last person who treats, incinerates, or partially recycles
32 the hazardous waste prior to disposal is the generator; or (2)
33 the hazardous waste is from a response action, in which case
34 the person performing the response action is the generator.

 

 

09400SB0431sam001 - 27 - LRB094 09305 RSP 44857 a

1 This subsection (h) does not apply to any hazardous waste that
2 is restricted from land disposal under 35 Ill. Adm. Code 728.
3     (i) Before issuing any RCRA permit, or any permit for a
4 waste storage site, sanitary landfill, waste disposal site,
5 waste transfer station, waste treatment facility, waste
6 incinerator, or any waste-transportation operation, or any
7 permit for a clean construction or demolition debris fill
8 operation, the Agency shall conduct an evaluation of the
9 prospective owner's or operator's prior experience in waste
10 management operations. The Agency may deny such a permit if the
11 prospective owner or operator or any employee or officer of the
12 prospective owner or operator has a history of:
13         (1) repeated violations of federal, State, or local
14     laws, regulations, standards, or ordinances in the
15     operation of waste management facilities or sites; or
16         (2) conviction in this or another State of any crime
17     which is a felony under the laws of this State, or
18     conviction of a felony in a federal court; or
19         (3) proof of gross carelessness or incompetence in
20     handling, storing, processing, transporting or disposing
21     of waste.
22     (i-5) Before issuing any permit or approving any interim
23 authorization for a clean construction or demolition debris
24 fill operation in which any ownership interest is transferred
25 between January 1, 2005, and the effective date of the
26 prohibition set forth in Section 22.52 of this Act, the Agency
27 shall conduct an evaluation of the operation if any previous
28 activities at the site or facility may have caused or allowed
29 contamination of the site. It shall be the responsibility of
30 the owner or operator seeking the permit or interim
31 authorization to provide to the Agency all of the information
32 necessary for the Agency to conduct its evaluation. The Agency
33 may deny a permit or interim authorization if previous
34 activities at the site may have caused or allowed contamination

 

 

09400SB0431sam001 - 28 - LRB094 09305 RSP 44857 a

1 at the site, unless such contamination is authorized under any
2 permit issued by the Agency.
3     (j) The issuance under this Act of a permit to engage in
4 the surface mining of any resources other than fossil fuels
5 shall not relieve the permittee from its duty to comply with
6 any applicable local law regulating the commencement, location
7 or operation of surface mining facilities.
8     (k) A development permit issued under subsection (a) of
9 Section 39 for any facility or site which is required to have a
10 permit under subsection (d) of Section 21 shall expire at the
11 end of 2 calendar years from the date upon which it was issued,
12 unless within that period the applicant has taken action to
13 develop the facility or the site. In the event that review of
14 the conditions of the development permit is sought pursuant to
15 Section 40 or 41, or permittee is prevented from commencing
16 development of the facility or site by any other litigation
17 beyond the permittee's control, such two-year period shall be
18 deemed to begin on the date upon which such review process or
19 litigation is concluded.
20     (l) No permit shall be issued by the Agency under this Act
21 for construction or operation of any facility or site located
22 within the boundaries of any setback zone established pursuant
23 to this Act, where such construction or operation is
24 prohibited.
25     (m) The Agency may issue permits to persons owning or
26 operating a facility for composting landscape waste. In
27 granting such permits, the Agency may impose such conditions as
28 may be necessary to accomplish the purposes of this Act, and as
29 are not inconsistent with applicable regulations promulgated
30 by the Board. Except as otherwise provided in this Act, a bond
31 or other security shall not be required as a condition for the
32 issuance of a permit. If the Agency denies any permit pursuant
33 to this subsection, the Agency shall transmit to the applicant
34 within the time limitations of this subsection specific,

 

 

09400SB0431sam001 - 29 - LRB094 09305 RSP 44857 a

1 detailed statements as to the reasons the permit application
2 was denied. Such statements shall include but not be limited to
3 the following:
4         (1) the Sections of this Act that may be violated if
5     the permit were granted;
6         (2) the specific regulations promulgated pursuant to
7     this Act that may be violated if the permit were granted;
8         (3) the specific information, if any, the Agency deems
9     the applicant did not provide in its application to the
10     Agency; and
11         (4) a statement of specific reasons why the Act and the
12     regulations might be violated if the permit were granted.
13     If no final action is taken by the Agency within 90 days
14 after the filing of the application for permit, the applicant
15 may deem the permit issued. Any applicant for a permit may
16 waive the 90 day limitation by filing a written statement with
17 the Agency.
18     The Agency shall issue permits for such facilities upon
19 receipt of an application that includes a legal description of
20 the site, a topographic map of the site drawn to the scale of
21 200 feet to the inch or larger, a description of the operation,
22 including the area served, an estimate of the volume of
23 materials to be processed, and documentation that:
24         (1) the facility includes a setback of at least 200
25     feet from the nearest potable water supply well;
26         (2) the facility is located outside the boundary of the
27     10-year floodplain or the site will be floodproofed;
28         (3) the facility is located so as to minimize
29     incompatibility with the character of the surrounding
30     area, including at least a 200 foot setback from any
31     residence, and in the case of a facility that is developed
32     or the permitted composting area of which is expanded after
33     November 17, 1991, the composting area is located at least
34     1/8 mile from the nearest residence (other than a residence

 

 

09400SB0431sam001 - 30 - LRB094 09305 RSP 44857 a

1     located on the same property as the facility);
2         (4) the design of the facility will prevent any compost
3     material from being placed within 5 feet of the water
4     table, will adequately control runoff from the site, and
5     will collect and manage any leachate that is generated on
6     the site;
7         (5) the operation of the facility will include
8     appropriate dust and odor control measures, limitations on
9     operating hours, appropriate noise control measures for
10     shredding, chipping and similar equipment, management
11     procedures for composting, containment and disposal of
12     non-compostable wastes, procedures to be used for
13     terminating operations at the site, and recordkeeping
14     sufficient to document the amount of materials received,
15     composted and otherwise disposed of; and
16         (6) the operation will be conducted in accordance with
17     any applicable rules adopted by the Board.
18     The Agency shall issue renewable permits of not longer than
19 10 years in duration for the composting of landscape wastes, as
20 defined in Section 3.155 of this Act, based on the above
21 requirements.
22     The operator of any facility permitted under this
23 subsection (m) must submit a written annual statement to the
24 Agency on or before April 1 of each year that includes an
25 estimate of the amount of material, in tons, received for
26 composting.
27     (n) The Agency shall issue permits jointly with the
28 Department of Transportation for the dredging or deposit of
29 material in Lake Michigan in accordance with Section 18 of the
30 Rivers, Lakes, and Streams Act.
31     (o) (Blank.)
32     (p) (1) Any person submitting an application for a permit
33 for a new MSWLF unit or for a lateral expansion under
34 subsection (t) of Section 21 of this Act for an existing MSWLF

 

 

09400SB0431sam001 - 31 - LRB094 09305 RSP 44857 a

1 unit that has not received and is not subject to local siting
2 approval under Section 39.2 of this Act shall publish notice of
3 the application in a newspaper of general circulation in the
4 county in which the MSWLF unit is or is proposed to be located.
5 The notice must be published at least 15 days before submission
6 of the permit application to the Agency. The notice shall state
7 the name and address of the applicant, the location of the
8 MSWLF unit or proposed MSWLF unit, the nature and size of the
9 MSWLF unit or proposed MSWLF unit, the nature of the activity
10 proposed, the probable life of the proposed activity, the date
11 the permit application will be submitted, and a statement that
12 persons may file written comments with the Agency concerning
13 the permit application within 30 days after the filing of the
14 permit application unless the time period to submit comments is
15 extended by the Agency.
16     When a permit applicant submits information to the Agency
17 to supplement a permit application being reviewed by the
18 Agency, the applicant shall not be required to reissue the
19 notice under this subsection.
20     (2) The Agency shall accept written comments concerning the
21 permit application that are postmarked no later than 30 days
22 after the filing of the permit application, unless the time
23 period to accept comments is extended by the Agency.
24     (3) Each applicant for a permit described in part (1) of
25 this subsection shall file a copy of the permit application
26 with the county board or governing body of the municipality in
27 which the MSWLF unit is or is proposed to be located at the
28 same time the application is submitted to the Agency. The
29 permit application filed with the county board or governing
30 body of the municipality shall include all documents submitted
31 to or to be submitted to the Agency, except trade secrets as
32 determined under Section 7.1 of this Act. The permit
33 application and other documents on file with the county board
34 or governing body of the municipality shall be made available

 

 

09400SB0431sam001 - 32 - LRB094 09305 RSP 44857 a

1 for public inspection during regular business hours at the
2 office of the county board or the governing body of the
3 municipality and may be copied upon payment of the actual cost
4 of reproduction.
5 (Source: P.A. 92-574, eff. 6-26-02; 93-575, eff. 1-1-04.)
 
6     (415 ILCS 5/42)  (from Ch. 111 1/2, par. 1042)
7     Sec. 42. Civil penalties.
8     (a) Except as provided in this Section, any person that
9 violates any provision of this Act or any regulation adopted by
10 the Board, or any permit or term or condition thereof, or that
11 violates any order of the Board pursuant to this Act, shall be
12 liable for a civil penalty of not to exceed $50,000 for the
13 violation and an additional civil penalty of not to exceed
14 $10,000 for each day during which the violation continues; such
15 penalties may, upon order of the Board or a court of competent
16 jurisdiction, be made payable to the Environmental Protection
17 Trust Fund, to be used in accordance with the provisions of the
18 Environmental Protection Trust Fund Act.
19     (b) Notwithstanding the provisions of subsection (a) of
20 this Section:
21         (1) Any person that violates Section 12(f) of this Act
22     or any NPDES permit or term or condition thereof, or any
23     filing requirement, regulation or order relating to the
24     NPDES permit program, shall be liable to a civil penalty of
25     not to exceed $10,000 per day of violation.
26         (2) Any person that violates Section 12(g) of this Act
27     or any UIC permit or term or condition thereof, or any
28     filing requirement, regulation or order relating to the
29     State UIC program for all wells, except Class II wells as
30     defined by the Board under this Act, shall be liable to a
31     civil penalty not to exceed $2,500 per day of violation;
32     provided, however, that any person who commits such
33     violations relating to the State UIC program for Class II

 

 

09400SB0431sam001 - 33 - LRB094 09305 RSP 44857 a

1     wells, as defined by the Board under this Act, shall be
2     liable to a civil penalty of not to exceed $10,000 for the
3     violation and an additional civil penalty of not to exceed
4     $1,000 for each day during which the violation continues.
5         (3) Any person that violates Sections 21(f), 21(g),
6     21(h) or 21(i) of this Act, or any RCRA permit or term or
7     condition thereof, or any filing requirement, regulation
8     or order relating to the State RCRA program, shall be
9     liable to a civil penalty of not to exceed $25,000 per day
10     of violation.
11         (4) In an administrative citation action under Section
12     31.1 of this Act, any person found to have violated any
13     provision of subsection (o) of Section 21 of this Act shall
14     pay a civil penalty of $500 for each violation of each such
15     provision, plus any hearing costs incurred by the Board and
16     the Agency. Such penalties shall be made payable to the
17     Environmental Protection Trust Fund, to be used in
18     accordance with the provisions of the Environmental
19     Protection Trust Fund Act; except that if a unit of local
20     government issued the administrative citation, 50% of the
21     civil penalty shall be payable to the unit of local
22     government.
23         (4-5) In an administrative citation action under
24     Section 31.1 of this Act, any person found to have violated
25     any provision of subsection (p) of Section 21 of this Act
26     shall pay a civil penalty of $1,500 for each violation of
27     each such provision, plus any hearing costs incurred by the
28     Board and the Agency, except that the civil penalty amount
29     shall be $3,000 for each violation of any provision of
30     subsection (p) of Section 21 that is the person's second or
31     subsequent adjudication violation of that provision. The
32     penalties shall be deposited into the Environmental
33     Protection Trust Fund, to be used in accordance with the
34     provisions of the Environmental Protection Trust Fund Act;

 

 

09400SB0431sam001 - 34 - LRB094 09305 RSP 44857 a

1     except that if a unit of local government issued the
2     administrative citation, 50% of the civil penalty shall be
3     payable to the unit of local government.
4         (5) Any person who violates subsection 6 of Section
5     39.5 of this Act or any CAAPP permit, or term or condition
6     thereof, or any fee or filing requirement, or any duty to
7     allow or carry out inspection, entry or monitoring
8     activities, or any regulation or order relating to the
9     CAAPP shall be liable for a civil penalty not to exceed
10     $10,000 per day of violation.
11     (b.5) In lieu of the penalties set forth in subsections (a)
12 and (b) of this Section, any person who fails to file, in a
13 timely manner, toxic chemical release forms with the Agency
14 pursuant to Section 25b-2 of this Act shall be liable for a
15 civil penalty of $100 per day for each day the forms are late,
16 not to exceed a maximum total penalty of $6,000. This daily
17 penalty shall begin accruing on the thirty-first day after the
18 date that the person receives the warning notice issued by the
19 Agency pursuant to Section 25b-6 of this Act; and the penalty
20 shall be paid to the Agency. The daily accrual of penalties
21 shall cease as of January 1 of the following year. All
22 penalties collected by the Agency pursuant to this subsection
23 shall be deposited into the Environmental Protection Permit and
24 Inspection Fund.
25     (c) Any person that violates this Act, any rule or
26 regulation adopted under this Act, any permit or term or
27 condition of a permit, or any Board order and causes the death
28 of fish or aquatic life shall, in addition to the other
29 penalties provided by this Act, be liable to pay to the State
30 an additional sum for the reasonable value of the fish or
31 aquatic life destroyed. Any money so recovered shall be placed
32 in the Wildlife and Fish Fund in the State Treasury.
33     (d) The penalties provided for in this Section may be
34 recovered in a civil action.

 

 

09400SB0431sam001 - 35 - LRB094 09305 RSP 44857 a

1     (e) The State's Attorney of the county in which the
2 violation occurred, or the Attorney General, may, at the
3 request of the Agency or on his own motion, institute a civil
4 action for an injunction, prohibitory or mandatory, to restrain
5 violations of this Act, any rule or regulation adopted under
6 this Act, any permit or term or condition of a permit, or any
7 Board order, or to require such other actions as may be
8 necessary to address violations of this Act, any rule or
9 regulation adopted under this Act, any permit or term or
10 condition of a permit, or any Board order.
11     (f) The State's Attorney of the county in which the
12 violation occurred, or the Attorney General, shall bring such
13 actions in the name of the people of the State of Illinois.
14 Without limiting any other authority which may exist for the
15 awarding of attorney's fees and costs, the Board or a court of
16 competent jurisdiction may award costs and reasonable
17 attorney's fees, including the reasonable costs of expert
18 witnesses and consultants, to the State's Attorney or the
19 Attorney General in a case where he has prevailed against a
20 person who has committed a wilful, knowing or repeated
21 violation of this Act, any rule or regulation adopted under
22 this Act, any permit or term or condition of a permit, or any
23 Board order.
24     Any funds collected under this subsection (f) in which the
25 Attorney General has prevailed shall be deposited in the
26 Hazardous Waste Fund created in Section 22.2 of this Act. Any
27 funds collected under this subsection (f) in which a State's
28 Attorney has prevailed shall be retained by the county in which
29 he serves.
30     (g) All final orders imposing civil penalties pursuant to
31 this Section shall prescribe the time for payment of such
32 penalties. If any such penalty is not paid within the time
33 prescribed, interest on such penalty at the rate set forth in
34 subsection (a) of Section 1003 of the Illinois Income Tax Act,

 

 

09400SB0431sam001 - 36 - LRB094 09305 RSP 44857 a

1 shall be paid for the period from the date payment is due until
2 the date payment is received. However, if the time for payment
3 is stayed during the pendency of an appeal, interest shall not
4 accrue during such stay.
5     (h) In determining the appropriate civil penalty to be
6 imposed under subdivisions (a), (b)(1), (b)(2), (b)(3), or
7 (b)(5) of this Section, the Board is authorized to consider any
8 matters of record in mitigation or aggravation of penalty,
9 including but not limited to the following factors:
10         (1) the duration and gravity of the violation;
11         (2) the presence or absence of due diligence on the
12     part of the respondent in attempting to comply with
13     requirements of this Act and regulations thereunder or to
14     secure relief therefrom as provided by this Act;
15         (3) any economic benefits accrued by the respondent
16     because of delay in compliance with requirements, in which
17     case the economic benefits shall be determined by the
18     lowest cost alternative for achieving compliance;
19         (4) the amount of monetary penalty which will serve to
20     deter further violations by the respondent and to otherwise
21     aid in enhancing voluntary compliance with this Act by the
22     respondent and other persons similarly subject to the Act;
23         (5) the number, proximity in time, and gravity of
24     previously adjudicated violations of this Act by the
25     respondent;
26         (6) whether the respondent voluntarily self-disclosed,
27     in accordance with subsection (i) of this Section, the
28     non-compliance to the Agency; and
29         (7) whether the respondent has agreed to undertake a
30     "supplemental environmental project," which means an
31     environmentally beneficial project that a respondent
32     agrees to undertake in settlement of an enforcement action
33     brought under this Act, but which the respondent is not
34     otherwise legally required to perform.

 

 

09400SB0431sam001 - 37 - LRB094 09305 RSP 44857 a

1     In determining the appropriate civil penalty to be imposed
2 under subsection (a) or paragraph (1), (2), (3), or (5) of
3 subsection (b) of this Section, the Board shall ensure, in all
4 cases, that the penalty is at least as great as the economic
5 benefits, if any, accrued by the respondent as a result of the
6 violation, unless the Board finds that imposition of such
7 penalty would result in an arbitrary or unreasonable financial
8 hardship. However, such civil penalty may be off-set in whole
9 or in part pursuant to a supplemental environmental project
10 agreed to by the complainant and the respondent.
11     (i) A person who voluntarily self-discloses non-compliance
12 to the Agency, of which the Agency had been unaware, is
13 entitled to a 100% reduction in the portion of the penalty that
14 is not based on the economic benefit of non-compliance if the
15 person can establish the following:
16         (1) that the non-compliance was discovered through an
17     environmental audit, as defined in Section 52.2 of this
18     Act, and the person waives the environmental audit
19     privileges as provided in that Section with respect to that
20     non-compliance;
21         (2) that the non-compliance was disclosed in writing
22     within 30 days of the date on which the person discovered
23     it;
24         (3) that the non-compliance was discovered and
25     disclosed prior to:
26             (i) the commencement of an Agency inspection,
27         investigation, or request for information;
28             (ii) notice of a citizen suit;
29             (iii) the filing of a complaint by a citizen, the
30         Illinois Attorney General, or the State's Attorney of
31         the county in which the violation occurred;
32             (iv) the reporting of the non-compliance by an
33         employee of the person without that person's
34         knowledge; or

 

 

09400SB0431sam001 - 38 - LRB094 09305 RSP 44857 a

1             (v) imminent discovery of the non-compliance by
2         the Agency;
3         (4) that the non-compliance is being corrected and any
4     environmental harm is being remediated in a timely fashion;
5         (5) that the person agrees to prevent a recurrence of
6     the non-compliance;
7         (6) that no related non-compliance events have
8     occurred in the past 3 years at the same facility or in the
9     past 5 years as part of a pattern at multiple facilities
10     owned or operated by the person;
11         (7) that the non-compliance did not result in serious
12     actual harm or present an imminent and substantial
13     endangerment to human health or the environment or violate
14     the specific terms of any judicial or administrative order
15     or consent agreement;
16         (8) that the person cooperates as reasonably requested
17     by the Agency after the disclosure; and
18         (9) that the non-compliance was identified voluntarily
19     and not through a monitoring, sampling, or auditing
20     procedure that is required by statute, rule, permit,
21     judicial or administrative order, or consent agreement.
22     If a person can establish all of the elements under this
23 subsection except the element set forth in paragraph (1) of
24 this subsection, the person is entitled to a 75% reduction in
25 the portion of the penalty that is not based upon the economic
26 benefit of non-compliance.
27     (j) In addition to an other remedy or penalty that may
28 apply, whether civil or criminal, any person who violates
29 Section 22.52 of this Act shall be liable for an additional
30 civil penalty of up to 3 times the gross amount of any
31 pecuniary gain resulting from the violation.
32 (Source: P.A. 93-152, eff. 7-10-03; 93-575, eff. 1-1-04;
33 93-831, eff. 7-28-04.)
 

 

 

09400SB0431sam001 - 39 - LRB094 09305 RSP 44857 a

1     (415 ILCS 5/58.8)
2     Sec. 58.8. Duty to record; compliance.
3     (a) The RA receiving a No Further Remediation Letter from
4 the Agency pursuant to Section 58.10, shall submit the letter
5 to the Office of the Recorder or the Registrar of Titles of the
6 county in which the site is located within 45 days of receipt
7 of the letter. The Office of the Recorder or the Registrar of
8 Titles shall accept and record that letter in accordance with
9 Illinois law so that it forms a permanent part of the chain of
10 title for the site.
11     (b) A No Further Remediation Letter shall not become
12 effective until officially recorded in accordance with
13 subsection (a) of this Section. The RA shall obtain and submit
14 to the Agency a certified copy of the No Further Remediation
15 Letter as recorded.
16     (c) (Blank). At no time shall any site for which a land use
17 limitation has been imposed as a result of remediation
18 activities under this Title be used in a manner inconsistent
19 with the land use limitation unless further investigation or
20 remedial action has been conducted that documents the
21 attainment of objectives appropriate for the new land use and a
22 new No Further Remediation Letter obtained and recorded in
23 accordance with this Title.
24     (d) In the event that a No Further Remediation Letter
25 issues by operation of law pursuant to Section 58.10, the RA
26 may, for purposes of this Section, file an affidavit stating
27 that the letter issued by operation of law. Upon receipt of the
28 No Further Remediation Letter from the Agency, the RA shall
29 comply with the requirements of subsections (a) and (b) of this
30 Section.
31 (Source: P.A. 92-574, eff. 6-26-02.)
 
32     Section 15. The Litter Control Act is amended by changing
33 Sections 8 and 9 as follows:
 

 

 

09400SB0431sam001 - 40 - LRB094 09305 RSP 44857 a

1     (415 ILCS 105/8)  (from Ch. 38, par. 86-8)
2     Sec. 8. Persons who violate any of Sections 4 through 7 are
3 subject to the penalties set out in this Section.
4     (a) Any person convicted of a violation of Section 4, 5, 6
5 or 7 is guilty of a Class B misdemeanor. A second conviction
6 for an offense committed after the first conviction is a Class
7 A misdemeanor. A third or subsequent violation, committed after
8 a second conviction is a Class 4 felony. All fines imposed for
9 violations of this Act shall be deposited into the Clean
10 Communities Recycling Fund to be used as set forth in Section
11 21.7 of the Environmental Protection Act.
12     (b) In addition to any fine imposed under this Act, the
13 court may order that the person convicted of such a violation
14 remove and properly dispose of the litter, may employ special
15 bailiffs to supervise such removal and disposal, and may tax
16 the costs of such supervision as costs against the person so
17 convicted.
18     (c) The penalties prescribed in this Section are in
19 addition to, and not in lieu of, any penalties, rights,
20 remedies, duties or liabilities otherwise imposed or conferred
21 by law.
22 (Source: P.A. 85-1410.)
 
23     (415 ILCS 105/9)  (from Ch. 38, par. 86-9)
24     Sec. 9. Whenever litter is thrown, deposited, dropped or
25 dumped in violation of Section 5 from any motor vehicle not
26 carrying passengers for hire, the presumption is created that
27 the operator of that motor vehicle has violated Section 5, but
28 that presumption may be rebutted.
29 (Source: P.A. 78-837.)
 
30     Section 20. The Illinois Vehicle Code is amended by
31 changing Sections 11-1413 and 16-105 as follows:
 

 

 

09400SB0431sam001 - 41 - LRB094 09305 RSP 44857 a

1     (625 ILCS 5/11-1413)  (from Ch. 95 1/2, par. 11-1413)
2     Sec. 11-1413. Depositing material on highway prohibited.
3     (a) No person shall dump, deposit, drop, throw, spill,
4 deposit, discard, or otherwise dispose of any bottle, glass,
5 nails, tacks, wire, cans, or any litter (as defined in Section
6 3 of the Litter Control Act) from any motor vehicle upon any
7 public highway, upon any public or private property, or upon or
8 into any river, lake, pond, stream, or body of water in this
9 State except as permitted under any of paragraphs (a) through
10 (e) of Section 4 of the Litter Control Act.
11     Whenever litter is thrown, deposited, dropped, or dumped in
12 violation of this subsection (a) from any motor vehicle not
13 carrying passengers for hire, the presumption is created that
14 the operator of that motor vehicle has violated this Section,
15 but that presumption may be rebutted. No person shall throw,
16 spill or deposit upon any highway any bottle, glass, nails,
17 tacks, wire, cans, or any litter (as defined in Section 3 of
18 the Litter Control Act).
19     (b) Any person who violates subsection (a) upon any highway
20 shall immediately remove such material or cause it to be
21 removed.
22     (c) Any person removing a wrecked or damaged vehicle from a
23 highway shall remove any glass or other debris, except any
24 hazardous substance as defined in Section 3.215 of the
25 Environmental Protection Act, hazardous waste as defined in
26 Section 3.220 of the Environmental Protection Act, and
27 potentially infectious medical waste as defined in Section
28 3.360 of the Environmental Protection Act, dropped upon the
29 highway from such vehicle.
30 (Source: P.A. 92-574, eff. 6-26-02.)
 
31     (625 ILCS 5/16-105)  (from Ch. 95 1/2, par. 16-105)
32     Sec. 16-105. Disposition of fines and forfeitures.

 

 

09400SB0431sam001 - 42 - LRB094 09305 RSP 44857 a

1     (a) Except as provided in Section 16-104a of this Act and
2 except for those amounts required to be paid into the Traffic
3 and Criminal Conviction Surcharge Fund in the State Treasury
4 pursuant to Section 9.1 of the Illinois Police Training Act and
5 Section 5-9-1 of the Unified Code of Corrections and except
6 those amounts subject to disbursement by the circuit clerk
7 under Section 27.5 of the Clerks of Courts Act, fines and
8 penalties recovered under the provisions of Chapters 11 through
9 16 inclusive of this Code shall be paid and used as follows:
10         1. For offenses committed upon a highway within the
11     limits of a city, village, or incorporated town or under
12     the jurisdiction of any park district, to the treasurer of
13     the particular city, village, incorporated town or park
14     district, if the violator was arrested by the authorities
15     of the city, village, incorporated town or park district,
16     provided the police officers and officials of cities,
17     villages, incorporated towns and park districts shall
18     seasonably prosecute for all fines and penalties under this
19     Code. If the violation is prosecuted by the authorities of
20     the county, any fines or penalties recovered shall be paid
21     to the county treasurer. Provided further that if the
22     violator was arrested by the State Police, fines and
23     penalties recovered under the provisions of paragraph (a)
24     of Section 15-113 of this Code or paragraph (e) of Section
25     15-316 of this Code shall be paid over to the Department of
26     State Police which shall thereupon remit the amount of the
27     fines and penalties so received to the State Treasurer who
28     shall deposit the amount so remitted in the special fund in
29     the State treasury known as the Road Fund except that if
30     the violation is prosecuted by the State's Attorney, 10% of
31     the fine or penalty recovered shall be paid to the State's
32     Attorney as a fee of his office and the balance shall be
33     paid over to the Department of State Police for remittance
34     to and deposit by the State Treasurer as hereinabove

 

 

09400SB0431sam001 - 43 - LRB094 09305 RSP 44857 a

1     provided.
2         2. Except as provided in paragraph 4, for offenses
3     committed upon any highway outside the limits of a city,
4     village, incorporated town or park district, to the county
5     treasurer of the county where the offense was committed
6     except if such offense was committed on a highway
7     maintained by or under the supervision of a township,
8     township district, or a road district to the Treasurer
9     thereof for deposit in the road and bridge fund of such
10     township or other district; Provided, that fines and
11     penalties recovered under the provisions of paragraph (a)
12     of Section 15-113, paragraph (d) of Section 3-401, or
13     paragraph (e) of Section 15-316 of this Code shall be paid
14     over to the Department of State Police which shall
15     thereupon remit the amount of the fines and penalties so
16     received to the State Treasurer who shall deposit the
17     amount so remitted in the special fund in the State
18     treasury known as the Road Fund except that if the
19     violation is prosecuted by the State's Attorney, 10% of the
20     fine or penalty recovered shall be paid to the State's
21     Attorney as a fee of his office and the balance shall be
22     paid over to the Department of State Police for remittance
23     to and deposit by the State Treasurer as hereinabove
24     provided.
25         3. Notwithstanding subsections 1 and 2 of this
26     paragraph, for violations of overweight and overload
27     limits found in Sections 15-101 through 15-203 of this
28     Code, which are committed upon the highways belonging to
29     the Illinois State Toll Highway Authority, fines and
30     penalties shall be paid over to the Illinois State Toll
31     Highway Authority for deposit with the State Treasurer into
32     that special fund known as the Illinois State Toll Highway
33     Authority Fund, except that if the violation is prosecuted
34     by the State's Attorney, 10% of the fine or penalty

 

 

09400SB0431sam001 - 44 - LRB094 09305 RSP 44857 a

1     recovered shall be paid to the State's Attorney as a fee of
2     his office and the balance shall be paid over to the
3     Illinois State Toll Highway Authority for remittance to and
4     deposit by the State Treasurer as hereinabove provided.
5         4. With regard to violations of overweight and overload
6     limits found in Sections 15-101 through 15-203 of this Code
7     committed by operators of vehicles registered as Special
8     Hauling Vehicles, for offenses committed upon a highway
9     within the limits of a city, village, or incorporated town
10     or under the jurisdiction of any park district, all fines
11     and penalties shall be paid over or retained as required in
12     paragraph 1. However, with regard to the above offenses
13     committed by operators of vehicles registered as Special
14     Hauling Vehicles upon any highway outside the limits of a
15     city, village, incorporated town or park district, fines
16     and penalties shall be paid over or retained by the entity
17     having jurisdiction over the road or highway upon which the
18     offense occurred, except that if the violation is
19     prosecuted by the State's Attorney, 10% of the fine or
20     penalty recovered shall be paid to the State's Attorney as
21     a fee of his office.
22     (b) Failure, refusal or neglect on the part of any judicial
23 or other officer or employee receiving or having custody of any
24 such fine or forfeiture either before or after a deposit with
25 the proper official as defined in paragraph (a) of this
26 Section, shall constitute misconduct in office and shall be
27 grounds for removal therefrom.
28     (c) Notwithstanding any other provision of this Section,
29 all fines imposed for violations of subsection (a) of Section
30 11-1413 of this Code shall be remitted in accordance with
31 subsection (g) of Section 5-9-1 of the Unified Code of
32 Corrections.
33 (Source: P.A. 88-403; 88-476; 88-535; 89-117, eff. 7-7-95.)
 

 

 

09400SB0431sam001 - 45 - LRB094 09305 RSP 44857 a

1     Section 25. The Clerks of Courts Act is amended by changing
2 Sections 27.5 and 27.6 as follows:
 
3     (705 ILCS 105/27.5)  (from Ch. 25, par. 27.5)
4     Sec. 27.5. (a) All fees, fines, costs, additional
5 penalties, bail balances assessed or forfeited, and any other
6 amount paid by a person to the circuit clerk that equals an
7 amount less than $55, except restitution under Section 5-5-6 of
8 the Unified Code of Corrections, reimbursement for the costs of
9 an emergency response as provided under Section 11-501 of the
10 Illinois Vehicle Code, any fees collected for attending a
11 traffic safety program under paragraph (c) of Supreme Court
12 Rule 529, any fee collected on behalf of a State's Attorney
13 under Section 4-2002 of the Counties Code or a sheriff under
14 Section 4-5001 of the Counties Code, or any cost imposed under
15 Section 124A-5 of the Code of Criminal Procedure of 1963, for
16 convictions, orders of supervision, or any other disposition
17 for a violation of Chapters 3, 4, 6, 11, and 12 of the Illinois
18 Vehicle Code, or a similar provision of a local ordinance, and
19 any violation of the Child Passenger Protection Act, or a
20 similar provision of a local ordinance, and except as provided
21 in subsection (b) shall be disbursed within 60 days after
22 receipt by the circuit clerk as follows: 47% shall be disbursed
23 to the entity authorized by law to receive the fine imposed in
24 the case; 12% shall be disbursed to the State Treasurer; and
25 41% shall be disbursed to the county's general corporate fund.
26 Of the 12% disbursed to the State Treasurer, 1/6 shall be
27 deposited by the State Treasurer into the Violent Crime Victims
28 Assistance Fund, 1/2 shall be deposited into the Traffic and
29 Criminal Conviction Surcharge Fund, and 1/3 shall be deposited
30 into the Drivers Education Fund. For fiscal years 1992 and
31 1993, amounts deposited into the Violent Crime Victims
32 Assistance Fund, the Traffic and Criminal Conviction Surcharge
33 Fund, or the Drivers Education Fund shall not exceed 110% of

 

 

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1 the amounts deposited into those funds in fiscal year 1991. Any
2 amount that exceeds the 110% limit shall be distributed as
3 follows: 50% shall be disbursed to the county's general
4 corporate fund and 50% shall be disbursed to the entity
5 authorized by law to receive the fine imposed in the case. Not
6 later than March 1 of each year the circuit clerk shall submit
7 a report of the amount of funds remitted to the State Treasurer
8 under this Section during the preceding year based upon
9 independent verification of fines and fees. All counties shall
10 be subject to this Section, except that counties with a
11 population under 2,000,000 may, by ordinance, elect not to be
12 subject to this Section. For offenses subject to this Section,
13 judges shall impose one total sum of money payable for
14 violations. The circuit clerk may add on no additional amounts
15 except for amounts that are required by Sections 27.3a and
16 27.3c of this Act, unless those amounts are specifically waived
17 by the judge. With respect to money collected by the circuit
18 clerk as a result of forfeiture of bail, ex parte judgment or
19 guilty plea pursuant to Supreme Court Rule 529, the circuit
20 clerk shall first deduct and pay amounts required by Sections
21 27.3a and 27.3c of this Act. This Section is a denial and
22 limitation of home rule powers and functions under subsection
23 (h) of Section 6 of Article VII of the Illinois Constitution.
24     (b) The following amounts must be remitted to the State
25 Treasurer for deposit into the Illinois Animal Abuse Fund:
26         (1) 50% of the amounts collected for felony offenses
27     under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
28     5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
29     Animals Act and Section 26-5 of the Criminal Code of 1961;
30         (2) 20% of the amounts collected for Class A and Class
31     B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
32     5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
33     for Animals Act and Section 26-5 of the Criminal Code of
34     1961; and

 

 

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1         (3) 50% of the amounts collected for Class C
2     misdemeanors under Sections 4.01 and 7.1 of the Humane Care
3     for Animals Act and Section 26-5 of the Criminal Code of
4     1961.
5     (c) Notwithstanding any other provision of this Section,
6 all fines imposed for violations of the Litter Control Act and
7 for violations of subsection (a) of Section 11-1413 of the
8 Illinois Vehicle Code shall be remitted in accordance with
9 subsection (g) of Section 5-9-1 of the Unified Code of
10 Corrections.
11 (Source: P.A. 92-454, eff. 1-1-02; 92-650, eff. 7-11-02;
12 93-800, eff. 1-1-05.)
 
13     (705 ILCS 105/27.6)
14     Sec. 27.6. (a) All fees, fines, costs, additional
15 penalties, bail balances assessed or forfeited, and any other
16 amount paid by a person to the circuit clerk equalling an
17 amount of $55 or more, except the additional fee required by
18 subsections (b) and (c), restitution under Section 5-5-6 of the
19 Unified Code of Corrections, reimbursement for the costs of an
20 emergency response as provided under Section 11-501 of the
21 Illinois Vehicle Code, any fees collected for attending a
22 traffic safety program under paragraph (c) of Supreme Court
23 Rule 529, any fee collected on behalf of a State's Attorney
24 under Section 4-2002 of the Counties Code or a sheriff under
25 Section 4-5001 of the Counties Code, or any cost imposed under
26 Section 124A-5 of the Code of Criminal Procedure of 1963, for
27 convictions, orders of supervision, or any other disposition
28 for a violation of Chapters 3, 4, 6, 11, and 12 of the Illinois
29 Vehicle Code, or a similar provision of a local ordinance, and
30 any violation of the Child Passenger Protection Act, or a
31 similar provision of a local ordinance, and except as provided
32 in subsection (d) shall be disbursed within 60 days after
33 receipt by the circuit clerk as follows: 44.5% shall be

 

 

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1 disbursed to the entity authorized by law to receive the fine
2 imposed in the case; 16.825% shall be disbursed to the State
3 Treasurer; and 38.675% shall be disbursed to the county's
4 general corporate fund. Of the 16.825% disbursed to the State
5 Treasurer, 2/17 shall be deposited by the State Treasurer into
6 the Violent Crime Victims Assistance Fund, 5.052/17 shall be
7 deposited into the Traffic and Criminal Conviction Surcharge
8 Fund, 3/17 shall be deposited into the Drivers Education Fund,
9 and 6.948/17 shall be deposited into the Trauma Center Fund. Of
10 the 6.948/17 deposited into the Trauma Center Fund from the
11 16.825% disbursed to the State Treasurer, 50% shall be
12 disbursed to the Department of Public Health and 50% shall be
13 disbursed to the Department of Public Aid. For fiscal year
14 1993, amounts deposited into the Violent Crime Victims
15 Assistance Fund, the Traffic and Criminal Conviction Surcharge
16 Fund, or the Drivers Education Fund shall not exceed 110% of
17 the amounts deposited into those funds in fiscal year 1991. Any
18 amount that exceeds the 110% limit shall be distributed as
19 follows: 50% shall be disbursed to the county's general
20 corporate fund and 50% shall be disbursed to the entity
21 authorized by law to receive the fine imposed in the case. Not
22 later than March 1 of each year the circuit clerk shall submit
23 a report of the amount of funds remitted to the State Treasurer
24 under this Section during the preceding year based upon
25 independent verification of fines and fees. All counties shall
26 be subject to this Section, except that counties with a
27 population under 2,000,000 may, by ordinance, elect not to be
28 subject to this Section. For offenses subject to this Section,
29 judges shall impose one total sum of money payable for
30 violations. The circuit clerk may add on no additional amounts
31 except for amounts that are required by Sections 27.3a and
32 27.3c of this Act, unless those amounts are specifically waived
33 by the judge. With respect to money collected by the circuit
34 clerk as a result of forfeiture of bail, ex parte judgment or

 

 

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1 guilty plea pursuant to Supreme Court Rule 529, the circuit
2 clerk shall first deduct and pay amounts required by Sections
3 27.3a and 27.3c of this Act. This Section is a denial and
4 limitation of home rule powers and functions under subsection
5 (h) of Section 6 of Article VII of the Illinois Constitution.
6     (b) In addition to any other fines and court costs assessed
7 by the courts, any person convicted or receiving an order of
8 supervision for driving under the influence of alcohol or drugs
9 shall pay an additional fee of $100 to the clerk of the circuit
10 court. This amount, less 2 1/2% that shall be used to defray
11 administrative costs incurred by the clerk, shall be remitted
12 by the clerk to the Treasurer within 60 days after receipt for
13 deposit into the Trauma Center Fund. This additional fee of
14 $100 shall not be considered a part of the fine for purposes of
15 any reduction in the fine for time served either before or
16 after sentencing. Not later than March 1 of each year the
17 Circuit Clerk shall submit a report of the amount of funds
18 remitted to the State Treasurer under this subsection during
19 the preceding calendar year.
20     (b-1) In addition to any other fines and court costs
21 assessed by the courts, any person convicted or receiving an
22 order of supervision for driving under the influence of alcohol
23 or drugs shall pay an additional fee of $5 to the clerk of the
24 circuit court. This amount, less 2 1/2% that shall be used to
25 defray administrative costs incurred by the clerk, shall be
26 remitted by the clerk to the Treasurer within 60 days after
27 receipt for deposit into the Spinal Cord Injury Paralysis Cure
28 Research Trust Fund. This additional fee of $5 shall not be
29 considered a part of the fine for purposes of any reduction in
30 the fine for time served either before or after sentencing. Not
31 later than March 1 of each year the Circuit Clerk shall submit
32 a report of the amount of funds remitted to the State Treasurer
33 under this subsection during the preceding calendar year.
34     (c) In addition to any other fines and court costs assessed

 

 

09400SB0431sam001 - 50 - LRB094 09305 RSP 44857 a

1 by the courts, any person convicted for a violation of Sections
2 24-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or a
3 person sentenced for a violation of the Cannabis Control Act or
4 the Controlled Substance Act shall pay an additional fee of
5 $100 to the clerk of the circuit court. This amount, less 2
6 1/2% that shall be used to defray administrative costs incurred
7 by the clerk, shall be remitted by the clerk to the Treasurer
8 within 60 days after receipt for deposit into the Trauma Center
9 Fund. This additional fee of $100 shall not be considered a
10 part of the fine for purposes of any reduction in the fine for
11 time served either before or after sentencing. Not later than
12 March 1 of each year the Circuit Clerk shall submit a report of
13 the amount of funds remitted to the State Treasurer under this
14 subsection during the preceding calendar year.
15     (c-1) In addition to any other fines and court costs
16 assessed by the courts, any person sentenced for a violation of
17 the Cannabis Control Act or the Illinois Controlled Substances
18 Act shall pay an additional fee of $5 to the clerk of the
19 circuit court. This amount, less 2 1/2% that shall be used to
20 defray administrative costs incurred by the clerk, shall be
21 remitted by the clerk to the Treasurer within 60 days after
22 receipt for deposit into the Spinal Cord Injury Paralysis Cure
23 Research Trust Fund. This additional fee of $5 shall not be
24 considered a part of the fine for purposes of any reduction in
25 the fine for time served either before or after sentencing. Not
26 later than March 1 of each year the Circuit Clerk shall submit
27 a report of the amount of funds remitted to the State Treasurer
28 under this subsection during the preceding calendar year.
29     (d) The following amounts must be remitted to the State
30 Treasurer for deposit into the Illinois Animal Abuse Fund:
31         (1) 50% of the amounts collected for felony offenses
32     under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
33     5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
34     Animals Act and Section 26-5 of the Criminal Code of 1961;

 

 

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1         (2) 20% of the amounts collected for Class A and Class
2     B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
3     5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
4     for Animals Act and Section 26-5 of the Criminal Code of
5     1961; and
6         (3) 50% of the amounts collected for Class C
7     misdemeanors under Sections 4.01 and 7.1 of the Humane Care
8     for Animals Act and Section 26-5 of the Criminal Code of
9     1961.
10     (e) Notwithstanding any other provision of this Section,
11 all fines imposed for violations of the Litter Control Act and
12 for violations of subsection (a) of Section 11-1413 of the
13 Illinois Vehicle Code shall be remitted in accordance with
14 subsection (g) of Section 5-9-1 of the Unified Code of
15 Corrections.
16 (Source: P.A. 92-431, eff. 1-1-02; 92-454, eff. 1-1-02; 92-650,
17 eff. 7-11-02; 92-651, eff. 7-11-02; 93-800, eff. 1-1-05.)
 
18     Section 30. The Unified Code of Corrections is amended by
19 changing Section 5-9-1 as follows:
 
20     (730 ILCS 5/5-9-1)  (from Ch. 38, par. 1005-9-1)
21     Sec. 5-9-1. Authorized fines.
22     (a) An offender may be sentenced to pay a fine which shall
23 not exceed for each offense:
24         (1) for a felony, $25,000 or the amount specified in
25     the offense, whichever is greater, or where the offender is
26     a corporation, $50,000 or the amount specified in the
27     offense, whichever is greater;
28         (2) for a Class A misdemeanor, $2,500 or the amount
29     specified in the offense, whichever is greater;
30         (3) for a Class B or Class C misdemeanor, $1,500;
31         (4) for a petty offense, $1,000 or the amount specified
32     in the offense, whichever is less;

 

 

09400SB0431sam001 - 52 - LRB094 09305 RSP 44857 a

1         (5) for a business offense, the amount specified in the
2     statute defining that offense.
3     (b) A fine may be imposed in addition to a sentence of
4 conditional discharge, probation, periodic imprisonment, or
5 imprisonment.
6     (c) There shall be added to every fine imposed in
7 sentencing for a criminal or traffic offense, except an offense
8 relating to parking or registration, or offense by a
9 pedestrian, an additional penalty of $5 for each $40, or
10 fraction thereof, of fine imposed. The additional penalty of $5
11 for each $40, or fraction thereof, of fine imposed, if not
12 otherwise assessed, shall also be added to every fine imposed
13 upon a plea of guilty, stipulation of facts or findings of
14 guilty, resulting in a judgment of conviction, or order of
15 supervision in criminal, traffic, local ordinance, county
16 ordinance, and conservation cases (except parking,
17 registration, or pedestrian violations), or upon a sentence of
18 probation without entry of judgment under Section 10 of the
19 Cannabis Control Act or Section 410 of the Controlled
20 Substances Act.
21     Such additional amounts shall be assessed by the court
22 imposing the fine and shall be collected by the Circuit Clerk
23 in addition to the fine and costs in the case. Each such
24 additional penalty shall be remitted by the Circuit Clerk
25 within one month after receipt to the State Treasurer. The
26 State Treasurer shall deposit $1 for each $40, or fraction
27 thereof, of fine imposed into the LEADS Maintenance Fund. The
28 remaining surcharge amount shall be deposited into the Traffic
29 and Criminal Conviction Surcharge Fund, unless the fine, costs
30 or additional amounts are subject to disbursement by the
31 circuit clerk under Section 27.5 of the Clerks of Courts Act.
32 Such additional penalty shall not be considered a part of the
33 fine for purposes of any reduction in the fine for time served
34 either before or after sentencing. Not later than March 1 of

 

 

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1 each year the Circuit Clerk shall submit a report of the amount
2 of funds remitted to the State Treasurer under this subsection
3 (c) during the preceding calendar year. Except as otherwise
4 provided by Supreme Court Rules, if a court in imposing a fine
5 against an offender levies a gross amount for fine, costs, fees
6 and penalties, the amount of the additional penalty provided
7 for herein shall be computed on the amount remaining after
8 deducting from the gross amount levied all fees of the Circuit
9 Clerk, the State's Attorney and the Sheriff. After deducting
10 from the gross amount levied the fees and additional penalty
11 provided for herein, less any other additional penalties
12 provided by law, the clerk shall remit the net balance
13 remaining to the entity authorized by law to receive the fine
14 imposed in the case. For purposes of this Section "fees of the
15 Circuit Clerk" shall include, if applicable, the fee provided
16 for under Section 27.3a of the Clerks of Courts Act and the
17 fee, if applicable, payable to the county in which the
18 violation occurred pursuant to Section 5-1101 of the Counties
19 Code.
20     (c-5) In addition to the fines imposed by subsection (c),
21 any person convicted or receiving an order of supervision for
22 driving under the influence of alcohol or drugs shall pay an
23 additional $100 fee to the clerk. This additional fee, less 2
24 1/2% that shall be used to defray administrative costs incurred
25 by the clerk, shall be remitted by the clerk to the Treasurer
26 within 60 days after receipt for deposit into the Trauma Center
27 Fund. This additional fee of $100 shall not be considered a
28 part of the fine for purposes of any reduction in the fine for
29 time served either before or after sentencing. Not later than
30 March 1 of each year the Circuit Clerk shall submit a report of
31 the amount of funds remitted to the State Treasurer under this
32 subsection (c-5) during the preceding calendar year.
33     The Circuit Clerk may accept payment of fines and costs by
34 credit card from an offender who has been convicted of a

 

 

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1 traffic offense, petty offense or misdemeanor and may charge
2 the service fee permitted where fines and costs are paid by
3 credit card provided for in Section 27.3b of the Clerks of
4 Courts Act.
5     (c-7) In addition to the fines imposed by subsection (c),
6 any person convicted or receiving an order of supervision for
7 driving under the influence of alcohol or drugs shall pay an
8 additional $5 fee to the clerk. This additional fee, less 2
9 1/2% that shall be used to defray administrative costs incurred
10 by the clerk, shall be remitted by the clerk to the Treasurer
11 within 60 days after receipt for deposit into the Spinal Cord
12 Injury Paralysis Cure Research Trust Fund. This additional fee
13 of $5 shall not be considered a part of the fine for purposes
14 of any reduction in the fine for time served either before or
15 after sentencing. Not later than March 1 of each year the
16 Circuit Clerk shall submit a report of the amount of funds
17 remitted to the State Treasurer under this subsection (c-7)
18 during the preceding calendar year.
19     (c-9) There shall be added to every fine imposed in
20 sentencing for a criminal or traffic offense, except an offense
21 relating to parking or registration, or offense by a
22 pedestrian, an additional penalty of $4 imposed. The additional
23 penalty of $4 shall also be added to every fine imposed upon a
24 plea of guilty, stipulation of facts or findings of guilty,
25 resulting in a judgment of conviction, or order of supervision
26 in criminal, traffic, local ordinance, county ordinance, or
27 conservation cases (except parking, registration, or
28 pedestrian violations), or upon a sentence of probation without
29 entry of judgment under Section 10 of the Cannabis Control Act
30 or Section 410 of the Controlled Substances Act. Such
31 additional penalty of $4 shall be assessed by the court
32 imposing the fine and shall be collected by the circuit clerk
33 in addition to any other fine, costs, fees, and penalties in
34 the case. Each such additional penalty of $4 shall be remitted

 

 

09400SB0431sam001 - 55 - LRB094 09305 RSP 44857 a

1 to the State Treasurer by the circuit clerk within one month
2 after receipt. The State Treasurer shall deposit the additional
3 penalty of $4 into the Traffic and Criminal Conviction
4 Surcharge Fund. The additional penalty of $4 shall be in
5 addition to any other fine, costs, fees, and penalties and
6 shall not reduce or affect the distribution of any other fine,
7 costs, fees, and penalties.
8     (d) In determining the amount and method of payment of a
9 fine, except for those fines established for violations of
10 Chapter 15 of the Illinois Vehicle Code, the court shall
11 consider:
12         (1) the financial resources and future ability of the
13     offender to pay the fine; and
14         (2) whether the fine will prevent the offender from
15     making court ordered restitution or reparation to the
16     victim of the offense; and
17         (3) in a case where the accused is a dissolved
18     corporation and the court has appointed counsel to
19     represent the corporation, the costs incurred either by the
20     county or the State for such representation.
21     (e) The court may order the fine to be paid forthwith or
22 within a specified period of time or in installments.
23     (f) Except as otherwise provided in subsection (g), all
24 fines, costs and additional amounts imposed under this Section
25 for any violation of Chapters 3, 4, 6, and 11 of the Illinois
26 Vehicle Code, or a similar provision of a local ordinance, and
27 any violation of the Child Passenger Protection Act, or a
28 similar provision of a local ordinance, shall be collected and
29 disbursed by the circuit clerk as provided under Section 27.5
30 of the Clerks of Courts Act.
31     (g) Except for amounts added to fines under this Section,
32 all fines imposed for violations of the Litter Control Act and
33 for violations of subsection (a) of Section 11-1413 of the
34 Illinois Vehicle Code shall be remitted to the State Treasurer

 

 

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1 for deposit into the Clean Communities Recycling Fund.
2 (Source: P.A. 92-431, eff. 1-1-02; 93-32, eff. 6-20-03.)
 
3     Section 99. Effective date. This Act takes effect upon
4 becoming law.".