Full Text of SB2770 98th General Assembly
SB2770 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB2770 Introduced 1/30/2014, by Sen. Pamela J. Althoff SYNOPSIS AS INTRODUCED: |
| 415 ILCS 45/1 | from Ch. 111 1/2, par. 501 | 415 ILCS 45/1.1 new | | 415 ILCS 45/4 | from Ch. 111 1/2, par. 504 | 415 ILCS 45/9 | from Ch. 111 1/2, par. 509 | 415 ILCS 45/9.4 new | | 415 ILCS 45/9.5 new | | 415 ILCS 45/9.6 new | | 415 ILCS 45/10 | from Ch. 111 1/2, par. 510 | 415 ILCS 45/11 | from Ch. 111 1/2, par. 511 | 415 ILCS 45/12 | from Ch. 111 1/2, par. 512 | 415 ILCS 45/13 | from Ch. 111 1/2, par. 513 | 415 ILCS 45/19 | from Ch. 111 1/2, par. 519 | 415 ILCS 45/20 | from Ch. 111 1/2, par. 520 | 415 ILCS 45/23.1 new | |
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Amends the Public Water Supply Operations Act. Provides that every community water supply in Illinois, with specified exemptions, shall have on its
operational staff, and shall designate to the Agency in writing, either (i) one Responsible Operator in Charge who directly supervises both the treatment and distribution facilities of the community water supply or (ii) one Responsible Operator in Charge who directly supervises the treatment facilities of the community water supply and one Responsible Operator in Charge who directly supervises the distribution facilities of the community water supply. Defines "Responsible Operator in Charge". Establishes duties of Responsible Operators in Charge. Provides that a violation of the Act by a Responsible Operators in Charge shall be enforceable by administrative citation. Changes certain references from "natural person" and "person" to "individual". Defines "official custodian" and "person". Provides that the Agency may investigate violations of the Act or any rule adopted under the Act. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Public Water Supply Operations Act is | 5 | | amended by changing Sections 1, 4, 9, 10, 11, 12, 13, 19, and | 6 | | 20 and by adding Sections 1.1, 9.4, 9.5, 9.6, and 23.1 as | 7 | | follows:
| 8 | | (415 ILCS 45/1) (from Ch. 111 1/2, par. 501)
| 9 | | Sec. 1.
(1) In order to safeguard the health and well-being | 10 | | well being of the
populace, every community water supply in | 11 | | Illinois , other than an exempt community water supply as | 12 | | specified in Section 9.1, shall have on its
operational staff , | 13 | | and shall designate to the Agency in writing, either (i) one | 14 | | Responsible Operator in Charge who directly supervises both the | 15 | | treatment and distribution facilities of the community water | 16 | | supply or (ii) one Responsible Operator in Charge who directly | 17 | | supervises the treatment facilities of the community water | 18 | | supply and one Responsible Operator in Charge who directly | 19 | | supervises the distribution facilities of the community water | 20 | | supply at least one natural person certified as competent as
a | 21 | | water supply operator under the provisions of this Act .
| 22 | | Except for exempt community water supplies as specified in | 23 | | Section 9.1 of
this Act, all portions of a community water |
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| 1 | | supply system shall be under the
direct supervision of a | 2 | | Responsible Operator in Charge properly certified community | 3 | | water supply operator .
| 4 | | (2) The following class requirements apply:
| 5 | | (a) Each community water supply which includes | 6 | | coagulation, lime
softening, or sedimentation as a part of | 7 | | its primary treatment shall have in
its employ at least one | 8 | | individual natural person certified as competent as a Class | 9 | | A
community water supply operator. This includes all | 10 | | surface water community
water supplies.
| 11 | | (b) Each community water supply which includes | 12 | | filtration, aeration and
filtration, or ion exchange | 13 | | equipment as a part of its primary treatment
shall have in | 14 | | its employ at least one individual natural person certified | 15 | | as competent
as a Class B or Class A community water supply | 16 | | operator.
| 17 | | (c) Each community water supply which utilizes | 18 | | chemical feeding only
shall have in its employ at least one | 19 | | individual natural person certified as competent
as a Class | 20 | | C, Class B, or Class A community water supply operator.
| 21 | | (d) Each community water supply in which the facilities | 22 | | are limited to
pumpage, storage, or distribution shall have | 23 | | in its employ at least one individual
natural person | 24 | | certified as competent as a Class D, Class C, Class B, or
| 25 | | Class A community water supply operator.
| 26 | | A community water supply that cannot be clearly grouped
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| 1 | | according to this Section will be considered individually and
| 2 | | designated within one of the above groups by the Agency. This
| 3 | | determination will be based on the nature of the community | 4 | | water
supply and on the education and experience necessary to | 5 | | operate it.
| 6 | | (3) A community water supply may satisfy the requirements | 7 | | of this
Section by contracting the services of an individual | 8 | | who is a properly qualified certified operator
of the required | 9 | | class or higher, as specified in subsection (2) , and will | 10 | | directly supervise the operation of the community water supply. | 11 | | That individual shall serve as the Responsible Operator in | 12 | | Charge of the community water supply . A
written agreement to | 13 | | this effect must be on file with the Agency certifying
that | 14 | | such an agreement exists, and delegating responsibility and | 15 | | authority
to the contracted party. This written agreement shall | 16 | | be signed by both the
certified operator to be contracted and | 17 | | the responsible community water
supply owner or official | 18 | | custodian and must be approved in writing by the
Agency.
| 19 | | (Source: P.A. 91-84, eff. 7-9-99; 91-357, eff. 7-29-99; 92-16, | 20 | | eff.
6-28-01.)
| 21 | | (415 ILCS 45/1.1 new) | 22 | | Sec. 1.1. Duties of Responsible Operators in Charge. | 23 | | (a) Each individual who is a Responsible Operator in Charge | 24 | | for a community water supply is jointly liable with the owner | 25 | | of the community water supply for the proper operation of the |
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| 1 | | portions of the community water supply over which he or she has | 2 | | been designated as the Responsible Operator in Charge. | 3 | | (b) Each individual who is a Responsible Operator in Charge | 4 | | for a community water supply shall: | 5 | | (1) hold a certificate of the class required for the | 6 | | operation of the portions of the community water supply | 7 | | over which he or she has been designated as the Responsible | 8 | | Operator in Charge; | 9 | | (2) directly supervise the operation of the portions of | 10 | | the community water supply over which he or she has been | 11 | | designated as the Responsible Operator in Charge; and | 12 | | (3) submit, in accordance with Board rules, consumer | 13 | | confidence reports, monthly operating reports, and | 14 | | drinking water compliance monitoring results, such as | 15 | | corrosion control reports and monitoring results.
| 16 | | (415 ILCS 45/4) (from Ch. 111 1/2, par. 504)
| 17 | | Sec. 4.
| 18 | | "Water Supply Operator" means any individual natural | 19 | | person trained in the
treatment or distribution of water who | 20 | | has practical working knowledge of
the chemical, biological, | 21 | | and physical sciences essential to the practical
mechanics of | 22 | | water treatment or distribution and who is capable of
| 23 | | conducting and maintaining the water treatment or distribution | 24 | | processes in
a manner which will provide safe, potable water | 25 | | for human consumption.
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| 1 | | (Source: P.A. 78-810.)
| 2 | | (415 ILCS 45/9) (from Ch. 111 1/2, par. 509)
| 3 | | Sec. 9.
"Owner or Official Custodian " means any person who | 4 | | owns ,
leases, controls, or
supervises a community water supply.
| 5 | | (Source: P.A. 91-84, eff. 7-9-99.)
| 6 | | (415 ILCS 45/9.4 new) | 7 | | Sec. 9.4. Official custodian. "Official custodian" means | 8 | | an individual who is an officer of an entity that is the owner | 9 | | of a community water supply and acts as the owner's agent in | 10 | | matters concerning the community water supply. | 11 | | (415 ILCS 45/9.5 new) | 12 | | Sec. 9.5. Person. "Person" means any individual, | 13 | | partnership, co-partnership, firm, company, limited liability | 14 | | company, corporation, association, joint stock company, trust, | 15 | | estate, political subdivision, state agency, or any other legal | 16 | | entity, or their legal representative, agent, or assigns. | 17 | | (415 ILCS 45/9.6 new) | 18 | | Sec. 9.6. Responsible Operator in Charge. "Responsible | 19 | | Operator in Charge" means an individual who is designated as a | 20 | | Responsible Operator in Charge of a community water supply | 21 | | under Section 1 of this Act.
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| 1 | | (415 ILCS 45/10) (from Ch. 111 1/2, par. 510)
| 2 | | Sec. 10.
The Agency shall exercise the following functions, | 3 | | powers, and
duties with respect to community water supply | 4 | | operator certification :
| 5 | | (a) The Agency shall conduct examinations to ascertain the
| 6 | | qualifications of applicants for certificates of competency as | 7 | | community
water supply operators, and pass upon the | 8 | | qualifications of applicants for
reciprocal certificates.
| 9 | | (b) The Agency shall determine the qualifications of each | 10 | | applicant
on the basis of written examinations, and upon a | 11 | | review of the requirements
stated in Sections 13 and 14 of this | 12 | | Act.
| 13 | | (c) (Blank).
| 14 | | (d) The Agency may suspend, revoke, or refuse to issue any | 15 | | certificate
of competency for any one or any combination of the | 16 | | following causes:
| 17 | | (1) the practice of any fraud or deceit in obtaining or | 18 | | attempting
to obtain, renew, or restore a certificate of | 19 | | competency;
| 20 | | (2) any gross negligence, incompetency, misconduct, or
| 21 | | falsification of reports in the operation of a water | 22 | | supply;
| 23 | | (3) being declared to be an individual a person under | 24 | | legal disability by a
court of competent jurisdiction and | 25 | | not thereafter having been lawfully
declared to be an | 26 | | individual a person not under legal disability or to
have |
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| 1 | | recovered; or
| 2 | | (4) failure to comply with any of the Rules pertaining | 3 | | to the
operation of a water supply.
| 4 | | (e) The Agency shall issue a Certificate to any applicant | 5 | | who has
satisfactorily met all the requirements of the Act | 6 | | pertaining to a certificate
of competency as a water supply | 7 | | operator.
| 8 | | (f) The Agency shall notify every certified community water | 9 | | supply
operator at the last address specified by the operator | 10 | | to the Agency, and at
least one month in advance of the | 11 | | expiration of the certificate, of the date
of expiration of the | 12 | | certificate and the amount of fee required for its renewal
for | 13 | | 3 years.
| 14 | | (g) The Agency shall, upon its own motion, or upon a | 15 | | written complaint,
investigate the action of any individual | 16 | | person holding or claiming to hold a certificate,
and take | 17 | | appropriate action.
| 18 | | (h) The Agency is authorized to adopt reasonable and
| 19 | | necessary rules to set forth procedures and criteria for the
| 20 | | administration of this Act.
| 21 | | (i) The Agency may investigate violations of this Act or | 22 | | any rule adopted under this Act. | 23 | | (j) The Agency may issue administrative citations as | 24 | | provided in Section 23.1 of this Act. | 25 | | (Source: P.A. 91-84, eff. 7-9-99; 92-16, eff. 6-28-01.)
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| 1 | | (415 ILCS 45/11) (from Ch. 111 1/2, par. 511)
| 2 | | Sec. 11.
"Advisory Board" means the community water supply | 3 | | operator's
advisory board to
assist in the formulation of and | 4 | | to review the policies and program of the
Agency as developed | 5 | | under authority of this Act, and to make
recommendations and to | 6 | | provide the Agency with such technical
advice and assistance as | 7 | | may be requested.
| 8 | | The Advisory Board shall consist of the Director and 5 | 9 | | other
members to
be appointed by the Governor one of whom shall | 10 | | be the chief executive
officer of a municipality operating its | 11 | | own municipal water plant. The 5
appointed members shall be | 12 | | individuals persons having an active interest and with wide
| 13 | | background in water supply management and operation from a | 14 | | practical and
technical standpoint.
| 15 | | The 5 appointed members of the Advisory Board
serving at | 16 | | the
effective date of this Act shall continue in the same | 17 | | capacity until their
previously designated term expires. On the | 18 | | expiration of the term of any member the Governor
shall appoint | 19 | | for a term of 5 years an individual a person having the | 20 | | qualifications
hereinabove specified to take the place of the | 21 | | member whose term has
expired, and who shall hold office until | 22 | | the expiration of the term and until a successor has been | 23 | | appointed
and
qualified.
| 24 | | The Director of the Agency or an authorized representative | 25 | | shall serve as
secretary of the Advisory Board without any | 26 | | additional compensation.
The Director or an authorized |
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| 1 | | representative shall
attend all meetings of the
Advisory Board, | 2 | | keep minutes, and take part in its discussion, but shall
not be | 3 | | entitled
to vote.
| 4 | | The Advisory Board shall select one of its
members to serve | 5 | | as Chairman at the first regular meeting in each
calendar year.
| 6 | | The Advisory Board shall meet annually and at such | 7 | | intervals as may be
necessary to transact business which may | 8 | | come before it upon call of the
Agency, the
Chairman of the | 9 | | Advisory Board, or any 3 of its members. Any
3 members shall | 10 | | constitute a quorum.
| 11 | | The Secretary shall see that accurate minutes are kept of | 12 | | all duly
constituted meetings of the Advisory Board.
| 13 | | Members of the Advisory Board shall serve without | 14 | | compensation, but
shall be reimbursed for expenses incurred | 15 | | while traveling and performing
duties under this Act. Such | 16 | | expenses shall be paid from funds of the Agency
appropriated | 17 | | therefor.
| 18 | | The Advisory Board shall have the authority to review
| 19 | | contested Agency reciprocity determinations. The Advisory | 20 | | Board
must provide applicants who are denied reciprocity with | 21 | | an
opportunity to appear before the Board. The Advisory Board | 22 | | shall
review the decision to deny reciprocity and must provide | 23 | | a
recommendation to the Agency.
| 24 | | (Source: P.A. 91-84, eff. 7-9-99.)
| 25 | | (415 ILCS 45/12) (from Ch. 111 1/2, par. 512)
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| 1 | | Sec. 12.
(a) The Pollution Control Board shall, upon the | 2 | | sworn written
request of the applicant or certificate holder, | 3 | | conduct
hearings or proceedings for the Agency's refusal to | 4 | | issue, suspension,
revocation,
or denied renewal of | 5 | | certificates of individuals persons applying
for or holding | 6 | | certification under the provisions of this
Act.
| 7 | | (b) Hearings shall be conducted under Rules and Regulations | 8 | | adopted
by the Pollution Control Board outlining the procedures | 9 | | to be followed in
conducting a hearing.
| 10 | | (Source: P.A. 91-84, eff. 7-9-99.)
| 11 | | (415 ILCS 45/13) (from Ch. 111 1/2, par. 513)
| 12 | | Sec. 13.
Community Water Supply Operators shall be | 13 | | certified in accordance with the
following classifications:
| 14 | | (a) A "Class A" Water Supply Operator Certificate shall be | 15 | | issued to
those individuals persons who, in accordance with the | 16 | | provisions of Sections 1 through
23 of this Act, demonstrate | 17 | | the necessary skills, knowledge, ability, and
judgment of the | 18 | | chemical,
biological, and physical sciences essential to the | 19 | | practical mechanics of
coagulation, lime softening, and | 20 | | sedimentation, and distribution in a
manner which will provide | 21 | | safe, potable water for human consumption. This
includes all | 22 | | surface water community water supplies. The operators
will also | 23 | | demonstrate the necessary skills, knowledge, ability, and | 24 | | judgment
of the treatment processes
outlined in Sections 13 | 25 | | (b),
13 (c), and 13 (d) of this Act.
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| 1 | | (b) A "Class B" Water Supply Operator Certificate shall be | 2 | | issued to
those individuals persons who, in accordance with the | 3 | | provisions of Section 1 through
23 of this Act, demonstrate the | 4 | | necessary skills, knowledge, ability, and
judgment of the | 5 | | chemical,
biological, and physical sciences essential to the | 6 | | practical mechanics of
filtration, aeration and filtration, | 7 | | and ion exchange systems, and
distribution in a manner which | 8 | | will provide safe, potable water for human
consumption. The | 9 | | operators will also demonstrate the necessary
skills, | 10 | | knowledge, ability, and judgment of the treatment processes | 11 | | outlined in
Sections 13 (c) and 13 (d) of this Act.
| 12 | | (c) A "Class C" Water Supply Operator Certificate shall be | 13 | | issued to
those individuals persons who, in accordance with the | 14 | | provisions of Sections 1 through
23 of this Act, demonstrate | 15 | | the necessary skills, knowledge, ability, and
judgment of the | 16 | | chemical,
biological, and physical sciences essential to the | 17 | | practical mechanics of
chemical feeding and disinfection and | 18 | | distribution in a manner which will
provide safe, potable water | 19 | | for human consumption. The operators
will also demonstrate the | 20 | | necessary skills, knowledge, ability, and judgment
of the | 21 | | treatment processes outlined in Section 13 (d) of this Act.
| 22 | | (d) A "Class D" Water Supply Operator Certificate shall be | 23 | | issued to
those individuals persons who, in accordance with the | 24 | | provisions of Sections 1 through
23 of this Act, demonstrate | 25 | | the necessary skills, knowledge, ability, and
judgment of the | 26 | | chemical,
biological, and physical sciences essential to the |
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| 1 | | practical mechanics of
pumpage, storage, and distribution in a | 2 | | manner which will provide safe,
potable water for human | 3 | | consumption.
| 4 | | (Source: P.A. 91-84, eff. 7-9-99.)
| 5 | | (415 ILCS 45/19) (from Ch. 111 1/2, par. 519)
| 6 | | Sec. 19.
| 7 | | (a) The registered individual person in responsible
charge | 8 | | of a previously exempt community water supply on the
effective | 9 | | date of this amendatory Act of the 91st General Assembly may be
| 10 | | issued a certificate of
competency, with no fee required, after | 11 | | the effective date of this
amendatory Act of the 91st General | 12 | | Assembly for the community water supply for
which the | 13 | | individual is
registered.
The community water supply owner must | 14 | | make application for grandparenting of
the operator in | 15 | | responsible charge within 2 years of the effective date of this
| 16 | | amendatory Act of the 91st General Assembly.
This certificate | 17 | | is non-transferable, site specific,
and is not valid if the | 18 | | water system is reclassified to a higher
level.
| 19 | | (b) Each individual who is issued a certificate of | 20 | | competency
under Section 19(a) of this Act may renew the | 21 | | certificate every 3 years in
accordance with the renewal | 22 | | requirements of Sections 18 and 22 of
this Act.
| 23 | | (Source: P.A. 91-84, eff. 7-9-99.)
| 24 | | (415 ILCS 45/20) (from Ch. 111 1/2, par. 520)
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| 1 | | Sec. 20.
The Agency shall, upon application and payment of | 2 | | the
proper fee, issue a certificate of competency to any | 3 | | individual person who holds an
unexpired certificate of | 4 | | competency issued by any state or territory
or possession of | 5 | | the United States or of any country, if:
| 6 | | (a) the requirements for the certificate of competency | 7 | | under which the
certificate of competency was issued do not | 8 | | conflict with and are
substantially equal to those specified by | 9 | | Sections 1 through 23 of this
Act; and
| 10 | | (b) the particular state or territory or possession of the | 11 | | United States
or country extends similar privileges to persons | 12 | | certified under Sections 1
through 23 of this Act.
| 13 | | (Source: P.A. 91-84, eff. 7-9-99.)
| 14 | | (415 ILCS 45/23.1 new) | 15 | | Sec. 23.1. Administrative citations. | 16 | | (a) Violations of the requirement set forth in paragraph | 17 | | (3) of subsection (b) of Section 1.1 of this Act shall be | 18 | | enforceable by administrative citation under this Section or as | 19 | | otherwise provided in this Act. | 20 | | (b) If Agency personnel discover that a Responsible | 21 | | Operator in Charge has violated paragraph (3) of subsection (b) | 22 | | of Section 1.1 of this Act, the Agency may issue and serve, in | 23 | | person or by certified mail, an administrative citation upon | 24 | | that individual within not more than 90 days after the date of | 25 | | the discovery of the violation. Each citation issued under this |
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| 1 | | subsection (b) shall be served upon the individual named in the | 2 | | citation or that individual's authorized agent for service of | 3 | | process, and shall include the following information: | 4 | | (1) a statement specifying the report or result that | 5 | | the Responsible Operator in Charge failed to submit in | 6 | | accordance with Board rules and a citation to the Board | 7 | | rules that were violated; | 8 | | (2) a copy of any report in which the Agency recorded | 9 | | the violation; | 10 | | (3) the penalty imposed by subsection (f) of this | 11 | | Section for the violation; | 12 | | (4) instructions for contesting the administrative | 13 | | citation findings pursuant to this Section, including | 14 | | notification that the individual has 35 days within which | 15 | | to file a petition for review before the Illinois Pollution | 16 | | Control Board to contest the administrative citation; and | 17 | | (5) an affidavit by the personnel recording the | 18 | | violation. | 19 | | (c) No later than 15 days after the date of service, the | 20 | | Agency shall file a copy of each administrative citation served | 21 | | under subsection (b) of this Section with the Illinois | 22 | | Pollution Control Board, which is hereby authorized to conduct | 23 | | proceedings upon administrative citations issued pursuant to | 24 | | this Section. | 25 | | (d) If the individual named in the administrative citation | 26 | | fails to petition the Illinois Pollution Control Board for |
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| 1 | | review within 35 days after the date of service of the | 2 | | citation, the Illinois Pollution Control Board shall adopt a | 3 | | final order, which shall include the administrative citation | 4 | | and findings of violation as alleged in the citation, and shall | 5 | | impose the penalty specified in subsection (f) of this Section. | 6 | | If a petition for review is filed before the Illinois | 7 | | Pollution Control Board to contest an administrative citation | 8 | | issued under subsection (b) of this Section, the Agency shall | 9 | | appear as a complainant at a hearing before the Illinois | 10 | | Pollution Control Board to be conducted in accordance with the | 11 | | requirements of Section 32 of the Environmental Protection Act | 12 | | at a time not less than 21 days after notice of the hearing has | 13 | | been sent by the Illinois Pollution Control Board to the Agency | 14 | | and the individual named in the citation. In these hearings, | 15 | | the burden of proof shall be on the Agency. If, based on the | 16 | | record, the Illinois Pollution Control Board finds that the | 17 | | alleged violation occurred, it shall adopt a final order, which | 18 | | shall include the administrative citation and findings of | 19 | | violation as alleged in the citation, and shall impose the | 20 | | penalty specified in subsection (f) of this Section. However, | 21 | | if the Illinois Pollution Control Board finds that the | 22 | | individual appealing the citation has shown that the violation | 23 | | resulted from uncontrollable circumstances, the Illinois | 24 | | Pollution Control Board shall adopt a final order that makes no | 25 | | finding of violation and imposes no penalty. | 26 | | (e) Sections 10-25 through 10-60 of the Illinois |
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| 1 | | Administrative Procedure Act shall not apply to any | 2 | | administrative citation issued under subsection (b) of this | 3 | | Section. | 4 | | (f) In an administrative citation action under this | 5 | | Section, any Responsible Operator in Charge who is found to | 6 | | have violated paragraph (3) of subsection (b) of Section 1.1 of | 7 | | this Act shall pay a civil penalty of $500 for each violation | 8 | | of that provision, plus any hearing costs incurred by the Board | 9 | | and the Agency, except that the civil penalty amount shall be | 10 | | $1,500 for each violation of paragraph (3) of subsection (b) of | 11 | | Section 1.1 of this Act that is the individual's second or | 12 | | subsequent adjudicated violation of that provision. The | 13 | | penalties assessed under this Section shall be deposited into | 14 | | the Environmental Protection Trust Fund, to be used in | 15 | | accordance with the provisions of the Environmental Protection | 16 | | Trust Fund Act. | 17 | | (g) All final orders issued and entered by the Illinois | 18 | | Pollution Control Board pursuant to this Section shall be | 19 | | enforceable by injunction, mandamus, or other appropriate | 20 | | remedy, as is provided for other orders of the Illinois | 21 | | Pollution Control Board under Section 42 of the Environmental | 22 | | Protection Act.
| 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law.
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