Full Text of HB6120 96th General Assembly
HB6120ham001 96TH GENERAL ASSEMBLY
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Environment & Energy Committee
Filed: 3/10/2010
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09600HB6120ham001 |
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LRB096 20354 JDS 38182 a |
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| AMENDMENT TO HOUSE BILL 6120
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| AMENDMENT NO. ______. Amend House Bill 6120 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Environmental Protection Act is amended by | 5 |
| changing Sections 12, 18, 31.1, and 42 as follows:
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| (415 ILCS 5/12) (from Ch. 111 1/2, par. 1012)
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| Sec. 12. Actions prohibited. No person shall:
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| (a) Cause or threaten or allow the discharge of any | 9 |
| contaminants
into the environment in any State so as to cause | 10 |
| or tend to cause water
pollution in Illinois, either alone or | 11 |
| in combination with matter from
other sources, or so as to | 12 |
| violate regulations or standards adopted by
the Pollution | 13 |
| Control Board under this Act.
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| (b) Construct, install, or operate any equipment, | 15 |
| facility, vessel,
or aircraft capable of causing or | 16 |
| contributing to water pollution, or
designed to prevent water |
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| pollution, of any type designated by Board
regulations, without | 2 |
| a permit granted by the Agency, or in violation of
any | 3 |
| conditions imposed by such permit.
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| (c) Increase the quantity or strength of any discharge of
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| contaminants into the waters, or construct or install any sewer | 6 |
| or
sewage treatment facility or any new outlet for contaminants | 7 |
| into the
waters of this State, without a permit granted by the | 8 |
| Agency.
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| (d) Deposit any contaminants upon the land in such place | 10 |
| and manner
so as to create a water pollution hazard.
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| (e) Sell, offer, or use any article in any area in which | 12 |
| the Board
has by regulation forbidden its sale, offer, or use | 13 |
| for reasons of water
pollution control.
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| (f) Cause, threaten or allow the discharge of any | 15 |
| contaminant into
the waters of the State, as defined herein, | 16 |
| including but not limited
to, waters to any sewage works, or | 17 |
| into any well or from any point
source within the State, | 18 |
| without an NPDES permit for point source
discharges issued by | 19 |
| the Agency under Section 39(b) of this Act, or in
violation of | 20 |
| any term or condition imposed by such permit, or in
violation | 21 |
| of any NPDES permit filing requirement established under
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| Section 39(b), or in violation of any regulations adopted by | 23 |
| the Board
or of any order adopted by the Board with respect to | 24 |
| the NPDES program.
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| No permit shall be required under this subsection and under | 26 |
| Section
39(b) of this Act for any discharge for which a permit |
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| is not required
under the Federal Water Pollution Control Act, | 2 |
| as now or hereafter
amended, and regulations pursuant thereto.
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| For all purposes of this Act, a permit issued by the | 4 |
| Administrator of the
United States Environmental Protection | 5 |
| Agency under Section 402 of the Federal
Water Pollution Control | 6 |
| Act, as now or hereafter amended, shall be deemed
to be a | 7 |
| permit issued by the Agency pursuant to Section 39(b) of this | 8 |
| Act.
However, this shall not apply to the exclusion from the | 9 |
| requirement of an
operating permit provided under Section | 10 |
| 13(b)(i).
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| Compliance with the terms and conditions of any permit | 12 |
| issued under Section
39(b) of this Act shall be deemed | 13 |
| compliance with this subsection except
that it shall not be | 14 |
| deemed compliance with any standard or effluent limitation
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| imposed for a toxic pollutant injurious to human health.
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| In any case where a permit has been timely applied for | 17 |
| pursuant to Section
39(b) of this Act but final administrative | 18 |
| disposition of such application
has not been made, it shall not | 19 |
| be a violation of this subsection to discharge
without such | 20 |
| permit unless the complainant proves that final administrative
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| disposition has not been made because of the failure of the | 22 |
| applicant to
furnish information reasonably required or | 23 |
| requested in order to process
the application.
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| (g) Cause, threaten or allow the underground injection of | 25 |
| contaminants
without a UIC permit issued by the Agency under | 26 |
| Section 39(d) of this Act,
or in violation of any term or |
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| condition imposed by such permit, or in violation
of any | 2 |
| regulations or standards adopted by the Board or of any order | 3 |
| adopted
by the Board with respect to the UIC program.
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| No permit shall be required under this subsection and under | 5 |
| Section 39(d)
of this Act for any underground injection of | 6 |
| contaminants for which a permit
is not required under Part C of | 7 |
| the Safe Drinking Water Act (P.L. 93-523),
as amended, unless a | 8 |
| permit is authorized or required under regulations
adopted by | 9 |
| the Board pursuant to Section 13 of this Act.
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| (h) Introduce contaminants into a sewage works from any | 11 |
| nondomestic
source except in compliance with the regulations | 12 |
| and standards adopted by
the Board under this Act. | 13 |
| (i) On and after January 1, 2013, construct or install a | 14 |
| surface discharging private sewage disposal system that | 15 |
| discharges into the waters of the United States, as that term | 16 |
| is used in the Federal Water Pollution Control Act, unless he | 17 |
| or she has a coverage letter under a NPDES permit issued by the | 18 |
| Illinois Environmental Protection Agency or he or she is | 19 |
| constructing or installing the surface discharging private | 20 |
| sewage disposal system in a jurisdiction in which the local | 21 |
| public health department has a general NPDES permit issued by | 22 |
| the Illinois Environmental Protection Agency and the surface | 23 |
| discharging private sewage disposal system is covered under the | 24 |
| general NPDES permit.
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| (j) In violation of this Act, rules adopted under this Act, | 26 |
| or a permit or condition of a permit issued by the Agency, fail |
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| to do any of the following after a prior written notification | 2 |
| has been provided by the Agency: | 3 |
| (1) Submit to the Agency a discharge monitoring report | 4 |
| as required under an NPDES permit. | 5 |
| (2) Perform effluent monitoring as required under an | 6 |
| NPDES permit. | 7 |
| (3) Obtain a stormwater NPDES permit for a construction | 8 |
| site. | 9 |
| (4) Renew an NPDES permit. | 10 |
| (5) Keep a copy of the stormwater pollution prevention | 11 |
| plan at a construction site as required under an NPDES | 12 |
| permit. | 13 |
| The prohibitions specified in this subsection (j) shall be | 14 |
| enforceable by the Agency either by administrative citation | 15 |
| under Section 31.1 of this Act or as otherwise provided by the | 16 |
| Act. The specific prohibitions in this subsection do not limit | 17 |
| the power of the Board to establish regulations or standards | 18 |
| applicable to the activities that are the subject of the | 19 |
| prohibitions. | 20 |
| (Source: P.A. 96-801, eff. 1-1-10.)
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| (415 ILCS 5/18) (from Ch. 111 1/2, par. 1018)
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| Sec. 18. Prohibitions; plugging requirements.
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| (a) No person shall:
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| (1) Knowingly cause, threaten or allow the | 25 |
| distribution of water from
any public water supply of such |
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| quality or quantity as to be injurious to
human health; or
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| (2) Violate regulations or standards adopted by the | 3 |
| Agency
pursuant to Section 15(b) of this Act or by the
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| Board under this Act; or
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| (3) Construct, install or operate any public water | 6 |
| supply without a
permit granted by the Agency, or in | 7 |
| violation of any condition imposed by
such a permit.
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| (b) Borings, water monitoring wells, and wells subject to | 9 |
| this Act
shall, at a minimum, be abandoned and plugged in | 10 |
| accordance with the
requirements of Sections 16 and 19 of "An | 11 |
| Act in relation to oil, gas, coal
and other surface and | 12 |
| underground resources and to repeal an Act herein
named", filed | 13 |
| July 29, 1941, as amended, and such rules as are promulgated
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| thereunder. Nothing herein shall preclude the Board from | 15 |
| adopting plugging
and abandonment requirements which are more | 16 |
| stringent than the rules of the
Department of Natural Resources | 17 |
| where necessary to
protect the public health and environment.
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| (c) No person shall fail to do any of the following in | 19 |
| violation of this Act, rules adopted under this Act, or a | 20 |
| permit or condition of a permit issued by the Agency: | 21 |
| (1) Provide public notice of a drinking water | 22 |
| violation. | 23 |
| (2) Submit to the Agency a monthly operating report. | 24 |
| (3) Submit to the Agency a consumer confidence report. | 25 |
| (4) Perform monitoring. | 26 |
| The prohibitions specified in this subsection (c) shall be |
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| enforceable by the Agency either by administrative citation | 2 |
| under Section 31.1 of this Act or as otherwise provided by the | 3 |
| Act. The specific prohibitions in this subsection do not limit | 4 |
| the power of the Board to establish regulations or standards | 5 |
| applicable to the activities that are the subject of the | 6 |
| prohibitions. | 7 |
| (Source: P.A. 89-445, eff. 2-7-96; 90-773, eff. 8-14-98.)
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| (415 ILCS 5/31.1) (from Ch. 111 1/2, par. 1031.1)
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| Sec. 31.1. Administrative citation.
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| (a) The prohibitions specified in subsection (j) of Section | 11 |
| 12, subsection (c) of Section 18, subsections (o) and (p) of
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| Section 21 , and subsection (k) of Section 55 of this Act shall | 13 |
| be enforceable either by administrative
citation under this | 14 |
| Section or as otherwise provided by this Act.
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| (b) Whenever Agency personnel or personnel of a unit of | 16 |
| local government to
which the Agency has delegated its | 17 |
| functions pursuant to subsection (r) of
Section 4 of this Act, | 18 |
| on the basis of direct observation, determine that any
person | 19 |
| has violated any provision of subsection (j) of Section 12, | 20 |
| subsection (c) of Section 18, subsection (o) or (p) of Section
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| 21 , or subsection (k) of Section 55 of this Act, the Agency or | 22 |
| such unit of local government may issue and serve
an | 23 |
| administrative citation upon such person within not more than | 24 |
| 60 days after
the date of the observed violation. Each such | 25 |
| citation issued shall be served
upon the person named therein |
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| or such person's authorized agent for service of
process, and | 2 |
| shall include the following information:
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| (1) a statement specifying the provisions of | 4 |
| subsection (j) of Section 12, subsection (c) of Section 18, | 5 |
| subsection (o) or (p)
of Section 21 , or subsection (k) of | 6 |
| Section 55 of which the person was observed to be in | 7 |
| violation;
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| (2) a copy of the inspection report or other report in | 9 |
| which the Agency or local
government recorded the | 10 |
| violation, and any inspection which report shall include | 11 |
| the date and
time of inspection , and weather conditions | 12 |
| prevailing during the inspection;
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| (3) the penalty imposed by subdivision (b)(4) or | 14 |
| (b)(4-5) of Section
42 for such violation;
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| (4) instructions for contesting the administrative | 16 |
| citation findings
pursuant to this Section, including | 17 |
| notification that the person has 35
days within which to | 18 |
| file a petition for review before the Board to contest
the | 19 |
| administrative citation; and
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| (5) an affidavit by the personnel observing the | 21 |
| violation, attesting to
their material actions and | 22 |
| observations.
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| (c) The Agency or unit of local government shall file a | 24 |
| copy of each
administrative citation served under subsection | 25 |
| (b) of this Section with
the Board no later than 10 days after | 26 |
| the date of service.
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| (d) (1) If the person named in the administrative citation | 2 |
| fails to
petition the Board for review within 35 days from the | 3 |
| date of service, the
Board shall adopt a final order, which | 4 |
| shall include the administrative
citation and findings of | 5 |
| violation as alleged in the citation, and shall impose
the | 6 |
| penalty specified in subdivision (b)(4) or (b)(4-5) of Section | 7 |
| 42.
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| (2) If a petition for review is filed before the Board to | 9 |
| contest an
administrative citation issued under subsection (b) | 10 |
| of this Section, the
Agency or unit of local government shall | 11 |
| appear as a complainant at a
hearing before the Board to be | 12 |
| conducted pursuant to Section 32 of this Act
at a time not less | 13 |
| than 21 days after notice of such hearing has
been sent by the | 14 |
| Board to the Agency or unit of local government and the
person | 15 |
| named in the citation. In such hearings, the burden of proof | 16 |
| shall be
on the Agency or unit of local government. If, based | 17 |
| on the record, the Board
finds that the alleged violation | 18 |
| occurred, it shall adopt a final order which
shall include the | 19 |
| administrative citation and findings of violation as alleged
in | 20 |
| the citation, and shall impose the penalty specified in | 21 |
| subdivision (b)(4)
or (b)(4-5) of Section 42. However, if the | 22 |
| Board finds that the person
appealing the citation has shown | 23 |
| that the violation resulted from
uncontrollable circumstances, | 24 |
| the Board shall adopt a final order which makes
no finding of | 25 |
| violation and which imposes no penalty.
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| (e) Sections 10-25 through 10-60 of the Illinois |
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| Administrative Procedure
Act shall not apply to any | 2 |
| administrative citation issued under subsection (b)
of this | 3 |
| Section.
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| (f) The other provisions of this Section shall not apply to | 5 |
| a sanitary
landfill operated by a unit of local government | 6 |
| solely for the purpose of
disposing of water and sewage | 7 |
| treatment plant sludges, including necessary
stabilizing | 8 |
| materials.
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| (g) All final orders issued and entered by the Board | 10 |
| pursuant to this
Section shall be enforceable by injunction, | 11 |
| mandamus or other appropriate
remedy, in accordance with | 12 |
| Section 42 of this Act.
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| (Source: P.A. 96-737, eff. 8-25-09.)
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| (415 ILCS 5/42) (from Ch. 111 1/2, par. 1042)
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| Sec. 42. Civil penalties.
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| (a) Except as provided in this Section, any person that | 17 |
| violates any
provision of this Act or any regulation adopted by | 18 |
| the Board, or any permit
or term or condition thereof, or that | 19 |
| violates any order of the Board pursuant
to this Act, shall be | 20 |
| liable for a civil penalty of not to exceed
$50,000 for the | 21 |
| violation and an additional civil penalty of not to exceed
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| $10,000 for each day during which the violation continues; such | 23 |
| penalties may,
upon order of the Board or a court of competent | 24 |
| jurisdiction, be made payable
to the Environmental Protection | 25 |
| Trust Fund, to be used in accordance with the
provisions of the |
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| Environmental Protection Trust Fund Act.
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| (b) Notwithstanding the provisions of subsection (a) of | 3 |
| this Section:
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| (1) Any person that violates Section 12(f) of this Act | 5 |
| or any
NPDES permit or term or condition thereof, or any | 6 |
| filing requirement,
regulation or order relating to the | 7 |
| NPDES permit program, shall be liable
to a civil penalty of | 8 |
| not to exceed $10,000 per day of violation.
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| (2) Any person that violates Section 12(g) of this Act | 10 |
| or any UIC permit
or term or condition thereof, or any | 11 |
| filing requirement, regulation or order
relating to the | 12 |
| State UIC program for all wells, except Class II wells as
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| defined by the Board under this Act, shall be liable to a | 14 |
| civil penalty
not to exceed $2,500 per day of violation; | 15 |
| provided, however, that any person
who commits such | 16 |
| violations relating to the State UIC program for Class
II | 17 |
| wells, as defined by the Board under this Act, shall be | 18 |
| liable to a civil
penalty of not to exceed $10,000 for the | 19 |
| violation and an additional civil
penalty of not to exceed | 20 |
| $1,000 for each day during which the violation
continues.
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| (3) Any person that violates Sections 21(f), 21(g), | 22 |
| 21(h) or 21(i) of
this Act, or any RCRA permit or term or | 23 |
| condition thereof, or any filing
requirement, regulation | 24 |
| or order relating to the State RCRA program, shall
be | 25 |
| liable to a civil penalty of not to exceed $25,000 per day | 26 |
| of violation.
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| (4)
In an administrative citation action under Section | 2 |
| 31.1 of this Act,
any person found to have violated any | 3 |
| provision of subsection (o) of
Section 21 of this Act shall | 4 |
| pay a civil penalty of $500 for each
violation of each such | 5 |
| provision, plus any hearing costs incurred by the Board
and | 6 |
| the Agency. Such penalties shall be made payable to the | 7 |
| Environmental
Protection Trust Fund, to be used in | 8 |
| accordance with the provisions of the
Environmental | 9 |
| Protection Trust Fund Act; except that if a unit of local
| 10 |
| government issued the administrative citation, 50% of the | 11 |
| civil penalty shall
be payable to the unit of local | 12 |
| government.
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| (4-5) In an administrative citation action under | 14 |
| Section 31.1 of this
Act, any person found to have violated | 15 |
| any
provision of subsection (p) of
Section 21 or subsection | 16 |
| (k) of Section 55 of this Act shall pay a civil penalty of | 17 |
| $1,500 for each violation
of
each such provision, plus any | 18 |
| hearing costs incurred by the Board and the
Agency, except | 19 |
| that the civil penalty amount shall be $3,000 for
each | 20 |
| violation of any provision of subsection (p) of Section 21 | 21 |
| or subsection (k) of Section 55 that is the
person's second | 22 |
| or subsequent adjudication violation of that
provision. | 23 |
| The penalties shall be deposited into the
Environmental | 24 |
| Protection Trust Fund, to be used in accordance with the
| 25 |
| provisions of the Environmental Protection Trust Fund Act; | 26 |
| except that if a
unit of local government issued the |
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| administrative citation, 50% of the civil
penalty shall be | 2 |
| payable to the unit of local government.
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| (4-10) In an administrative citation action under
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| Section 31.1 of this Act, any person found to have violated
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| any provision of subsection (j) of Section 12 or subsection
| 6 |
| (c) of Section 18 shall pay a civil penalty of $1,000 for | 7 |
| each
violation of each such provision, plus any hearing | 8 |
| costs
incurred by the Board and the Agency, except that the | 9 |
| civil
penalty amount shall be $2,000 for such a violation
| 10 |
| if it is the person's second or subsequent adjudicated | 11 |
| violation
of that provision. These civil penalties shall be | 12 |
| deposited into
the Environmental Protection Trust Fund, to | 13 |
| be used in
accordance with the provisions of the | 14 |
| Environmental
Protection Trust Fund Act.
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| (5) Any person who violates subsection 6 of Section | 16 |
| 39.5 of this Act
or any CAAPP permit, or term or condition | 17 |
| thereof, or any fee or filing
requirement, or any duty to | 18 |
| allow or carry out inspection, entry or
monitoring | 19 |
| activities, or any regulation or order relating to the | 20 |
| CAAPP
shall be liable for a civil penalty not to exceed | 21 |
| $10,000 per day of violation.
| 22 |
| (6) Any owner or operator of a community water system | 23 |
| that violates subsection (b) of Section 18.1 or subsection | 24 |
| (a) of Section 25d-3 of this Act shall, for each day of | 25 |
| violation, be liable for a civil penalty not to exceed $5 | 26 |
| for each of the premises connected to the affected |
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| community water system. | 2 |
| (b.5) In lieu of the penalties set forth in subsections (a) | 3 |
| and (b) of
this Section, any person who fails to file, in a | 4 |
| timely manner, toxic
chemical release forms with the Agency | 5 |
| pursuant to Section 25b-2
of this Act
shall be liable for a | 6 |
| civil penalty of $100 per day for
each day the forms are
late, | 7 |
| not to exceed a maximum total penalty of $6,000. This daily | 8 |
| penalty
shall begin accruing on the thirty-first day after the
| 9 |
| date that the person receives the warning notice issued by the | 10 |
| Agency pursuant
to Section 25b-6 of this Act; and the penalty | 11 |
| shall be paid to the Agency. The
daily accrual of penalties | 12 |
| shall cease as of January 1 of the following year.
All | 13 |
| penalties collected by the Agency pursuant to this subsection | 14 |
| shall be
deposited into the Environmental Protection Permit and | 15 |
| Inspection Fund.
| 16 |
| (c) Any person that violates this Act, any rule or | 17 |
| regulation adopted under
this Act, any permit or term or | 18 |
| condition of a permit, or any Board order and
causes the death | 19 |
| of fish
or aquatic life shall, in addition to the other | 20 |
| penalties provided by
this Act, be liable to pay to the State | 21 |
| an additional sum for the
reasonable value of the fish or | 22 |
| aquatic life destroyed. Any money so
recovered shall be placed | 23 |
| in the Wildlife and Fish Fund in the State
Treasury.
| 24 |
| (d) The penalties provided for in this Section may be | 25 |
| recovered in a
civil action.
| 26 |
| (e) The State's Attorney of the county in which the |
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| violation
occurred, or the Attorney General, may, at the | 2 |
| request of the Agency or
on his own motion, institute a civil | 3 |
| action for an injunction, prohibitory or mandatory, to
restrain | 4 |
| violations of this Act, any rule or regulation adopted under | 5 |
| this Act,
any permit or term or condition of a permit, or any | 6 |
| Board order, or to require such other actions as may be | 7 |
| necessary to address violations of this Act, any rule or | 8 |
| regulation adopted under this Act, any permit or term or | 9 |
| condition of a permit, or any Board order.
| 10 |
| (f) The State's Attorney of the county in which the | 11 |
| violation
occurred, or the Attorney General, shall bring such | 12 |
| actions in the name
of the people of the State of Illinois.
| 13 |
| Without limiting any other authority which may exist for the | 14 |
| awarding
of attorney's fees and costs, the Board or a court of | 15 |
| competent
jurisdiction may award costs and reasonable | 16 |
| attorney's fees, including the
reasonable costs of expert | 17 |
| witnesses and consultants, to the State's
Attorney or the | 18 |
| Attorney General in a case where he has prevailed against a
| 19 |
| person who has committed a wilful, knowing or repeated | 20 |
| violation of this Act,
any rule or regulation adopted under | 21 |
| this Act, any permit or term or condition
of a permit, or any | 22 |
| Board order.
| 23 |
| Any funds collected under this subsection (f) in which the | 24 |
| Attorney
General has prevailed shall be deposited in the
| 25 |
| Hazardous Waste Fund created in Section 22.2 of this Act. Any | 26 |
| funds
collected under this subsection (f) in which a State's |
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| Attorney has
prevailed shall be retained by the county in which | 2 |
| he serves.
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| (g) All final orders imposing civil penalties pursuant to | 4 |
| this Section
shall prescribe the time for payment of such | 5 |
| penalties. If any such
penalty is not paid within the time | 6 |
| prescribed, interest on such penalty
at the rate set forth in | 7 |
| subsection (a) of Section 1003 of the Illinois Income
Tax Act, | 8 |
| shall be paid for the period from the date payment is due until | 9 |
| the
date payment is received. However, if the time for payment | 10 |
| is stayed during
the pendency of an appeal, interest shall not | 11 |
| accrue during such stay.
| 12 |
| (h) In determining the appropriate civil penalty to be | 13 |
| imposed under
subdivisions (a), (b)(1), (b)(2), (b)(3), or | 14 |
| (b)(5) of this
Section, the Board is authorized to consider any | 15 |
| matters of record in
mitigation or aggravation of penalty, | 16 |
| including but not limited to the
following factors:
| 17 |
| (1) the duration and gravity of the violation;
| 18 |
| (2) the presence or absence of due diligence on the | 19 |
| part of the
respondent in attempting to comply with | 20 |
| requirements of this
Act and regulations thereunder or to | 21 |
| secure relief therefrom as provided by
this Act;
| 22 |
| (3) any economic benefits accrued by the respondent
| 23 |
| because of delay in compliance with requirements, in which | 24 |
| case the economic
benefits shall be determined by the | 25 |
| lowest cost alternative for achieving
compliance;
| 26 |
| (4) the amount of monetary penalty which will serve to |
|
|
|
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LRB096 20354 JDS 38182 a |
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| 1 |
| deter further
violations by the respondent and to otherwise | 2 |
| aid in enhancing
voluntary
compliance with this Act by the | 3 |
| respondent and other persons
similarly
subject to the Act;
| 4 |
| (5) the number, proximity in time, and gravity of | 5 |
| previously
adjudicated violations of this Act by the | 6 |
| respondent;
| 7 |
| (6) whether the respondent voluntarily self-disclosed, | 8 |
| in accordance
with subsection (i) of this Section, the | 9 |
| non-compliance to the Agency; and
| 10 |
| (7) whether the respondent has agreed to undertake a | 11 |
| "supplemental
environmental project," which means an | 12 |
| environmentally beneficial project that
a respondent | 13 |
| agrees to undertake in settlement of an enforcement action | 14 |
| brought
under this Act, but which the respondent is not | 15 |
| otherwise legally required to
perform.
| 16 |
| In determining the appropriate civil penalty to be imposed | 17 |
| under subsection
(a) or paragraph (1), (2), (3), or (5) of | 18 |
| subsection (b) of this Section, the
Board shall ensure, in all | 19 |
| cases, that the penalty is at least as great as the
economic | 20 |
| benefits, if any, accrued by the respondent as a result of the
| 21 |
| violation, unless the Board finds that imposition of such | 22 |
| penalty would result
in an arbitrary or unreasonable financial | 23 |
| hardship. However, such civil
penalty
may be off-set in whole | 24 |
| or in part pursuant to a supplemental
environmental project | 25 |
| agreed to by the complainant and the respondent.
| 26 |
| (i) A person who voluntarily self-discloses non-compliance |
|
|
|
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LRB096 20354 JDS 38182 a |
|
| 1 |
| to the Agency,
of which the Agency had been unaware, is | 2 |
| entitled to a 100% reduction in the
portion of the penalty that | 3 |
| is not based on the economic benefit of
non-compliance if the | 4 |
| person can
establish the following:
| 5 |
| (1) that the non-compliance was discovered through an | 6 |
| environmental
audit or a compliance management system | 7 |
| documented by the regulated entity as
reflecting the | 8 |
| regulated entity's due diligence in preventing, detecting, | 9 |
| and
correcting violations;
| 10 |
| (2) that the non-compliance was disclosed in writing | 11 |
| within 30 days of
the date on which the person discovered | 12 |
| it;
| 13 |
| (3) that the non-compliance was discovered and | 14 |
| disclosed prior to:
| 15 |
| (i) the commencement of an Agency inspection, | 16 |
| investigation, or request
for information;
| 17 |
| (ii) notice of a citizen suit;
| 18 |
| (iii) the filing of a complaint by a citizen, the | 19 |
| Illinois Attorney
General, or the State's Attorney of | 20 |
| the county in which the violation occurred;
| 21 |
| (iv) the reporting of the non-compliance by an | 22 |
| employee of the person
without that person's | 23 |
| knowledge; or
| 24 |
| (v) imminent discovery of the non-compliance by | 25 |
| the Agency;
| 26 |
| (4) that the non-compliance is being corrected and any |
|
|
|
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LRB096 20354 JDS 38182 a |
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| 1 |
| environmental
harm is being remediated in a timely fashion;
| 2 |
| (5) that the person agrees to prevent a recurrence of | 3 |
| the non-compliance;
| 4 |
| (6) that no related non-compliance events have | 5 |
| occurred in the
past 3 years at the same facility or in the | 6 |
| past 5 years as part of a
pattern at multiple facilities | 7 |
| owned or operated by the person;
| 8 |
| (7) that the non-compliance did not result in serious | 9 |
| actual
harm or present an imminent and substantial | 10 |
| endangerment to human
health or the environment or violate | 11 |
| the specific terms of any judicial or
administrative order | 12 |
| or consent agreement;
| 13 |
| (8) that the person cooperates as reasonably requested | 14 |
| by the Agency
after the disclosure; and
| 15 |
| (9) that the non-compliance was identified voluntarily | 16 |
| and not through a
monitoring, sampling, or auditing | 17 |
| procedure that is required by statute, rule,
permit, | 18 |
| judicial or administrative order, or consent agreement.
| 19 |
| If a person can establish all of the elements under this | 20 |
| subsection except
the element set forth in paragraph (1) of | 21 |
| this subsection, the person is
entitled to a 75% reduction in | 22 |
| the portion of the penalty that is not based
upon the economic | 23 |
| benefit of non-compliance.
| 24 |
| (j) In addition to an other remedy or penalty that may
| 25 |
| apply, whether civil or criminal, any person who violates | 26 |
| Section 22.52 of this Act shall be liable for an additional |
|
|
|
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| 1 |
| civil penalty of up to 3 times the gross amount of any | 2 |
| pecuniary gain resulting from the violation.
| 3 |
| (Source: P.A. 95-331, eff. 8-21-07; 96-603, eff. 8-24-09; | 4 |
| 96-737, eff. 8-25-09; revised 9-15-09.)
| 5 |
| Section 99. Effective date. This Act takes effect upon | 6 |
| becoming law.".
|
|