Illinois General Assembly - Full Text of HB0418
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Full Text of HB0418  102nd General Assembly

HB0418ham002 102ND GENERAL ASSEMBLY

Rep. Sam Yingling

Filed: 4/8/2021

 

 


 

 


 
10200HB0418ham002LRB102 03903 CPF 24620 a

1
AMENDMENT TO HOUSE BILL 418

2    AMENDMENT NO. ______. Amend House Bill 418 on page 1, line
35, by replacing "adding" with "changing Section 42 and by
4adding"; and
 
5on page 1, immediately below line 5, by inserting the
6following:
 
7    "(415 ILCS 5/42)  (from Ch. 111 1/2, par. 1042)
8    Sec. 42. Civil penalties.
9    (a) Except as provided in this Section, any person that
10violates any provision of this Act or any regulation adopted
11by the Board, or any permit or term or condition thereof, or
12that violates any order of the Board pursuant to this Act,
13shall be liable for a civil penalty of not to exceed $50,000
14for the violation and an additional civil penalty of not to
15exceed $10,000 for each day during which the violation
16continues; such penalties may, upon order of the Board or a

 

 

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1court of competent jurisdiction, be made payable to the
2Environmental Protection Trust Fund, to be used in accordance
3with the provisions of the Environmental Protection Trust Fund
4Act.
5    (b) Notwithstanding the provisions of subsection (a) of
6this Section:
7        (1) Any person that violates Section 12(f) of this Act
8    or any NPDES permit or term or condition thereof, or any
9    filing requirement, regulation or order relating to the
10    NPDES permit program, shall be liable to a civil penalty
11    of not to exceed $10,000 per day of violation.
12        (2) Any person that violates Section 12(g) of this Act
13    or any UIC permit or term or condition thereof, or any
14    filing requirement, regulation or order relating to the
15    State UIC program for all wells, except Class II wells as
16    defined by the Board under this Act, shall be liable to a
17    civil penalty not to exceed $2,500 per day of violation;
18    provided, however, that any person who commits such
19    violations relating to the State UIC program for Class II
20    wells, as defined by the Board under this Act, shall be
21    liable to a civil penalty of not to exceed $10,000 for the
22    violation and an additional civil penalty of not to exceed
23    $1,000 for each day during which the violation continues.
24        (3) Any person that violates Sections 21(f), 21(g),
25    21(h) or 21(i) of this Act, or any RCRA permit or term or
26    condition thereof, or any filing requirement, regulation

 

 

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1    or order relating to the State RCRA program, shall be
2    liable to a civil penalty of not to exceed $25,000 per day
3    of violation.
4        (4) In an administrative citation action under Section
5    31.1 of this Act, any person found to have violated any
6    provision of subsection (o) of Section 21 of this Act
7    shall pay a civil penalty of $500 for each violation of
8    each such provision, plus any hearing costs incurred by
9    the Board and the Agency. Such penalties shall be made
10    payable to the Environmental Protection Trust Fund, to be
11    used in accordance with the provisions of the
12    Environmental Protection Trust Fund Act; except that if a
13    unit of local government issued the administrative
14    citation, 50% of the civil penalty shall be payable to the
15    unit of local government.
16        (4-5) In an administrative citation action under
17    Section 31.1 of this Act, any person found to have
18    violated any provision of subsection (p) of Section 21,
19    Section 22.51, Section 22.51a, or subsection (k) of
20    Section 55 of this Act shall pay a civil penalty of $1,500
21    for each violation of each such provision, plus any
22    hearing costs incurred by the Board and the Agency, except
23    that the civil penalty amount shall be $3,000 for each
24    violation of any provision of subsection (p) of Section
25    21, Section 22.51, Section 22.51a, or subsection (k) of
26    Section 55 that is the person's second or subsequent

 

 

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1    adjudication violation of that provision. The penalties
2    shall be deposited into the Environmental Protection Trust
3    Fund, to be used in accordance with the provisions of the
4    Environmental Protection Trust Fund Act; except that if a
5    unit of local government issued the administrative
6    citation, 50% of the civil penalty shall be payable to the
7    unit of local government.
8        (5) Any person who violates subsection 6 of Section
9    39.5 of this Act or any CAAPP permit, or term or condition
10    thereof, or any fee or filing requirement, or any duty to
11    allow or carry out inspection, entry or monitoring
12    activities, or any regulation or order relating to the
13    CAAPP shall be liable for a civil penalty not to exceed
14    $10,000 per day of violation.
15        (6) Any owner or operator of a community water system
16    that violates subsection (b) of Section 18.1 or subsection
17    (a) of Section 25d-3 of this Act shall, for each day of
18    violation, be liable for a civil penalty not to exceed $5
19    for each of the premises connected to the affected
20    community water system.
21        (7) Any person who violates Section 52.5 of this Act
22    shall be liable for a civil penalty of up to $1,000 for the
23    first violation of that Section and a civil penalty of up
24    to $2,500 for a second or subsequent violation of that
25    Section.
26        (8) Any person who violates Section 52.10 of this Act

 

 

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1    shall receive a warning from the Agency for the first
2    violation of that Section and shall be liable for a civil
3    penalty of up to $500 for the second violation of that
4    Section and a civil penalty of up to $1,000 for a third or
5    subsequent violation of that Section. The release of up to
6    50 balloons shall be considered a single offense under
7    that Section. The release of more than 50 balloons shall
8    constitute a separate violation for every 50 balloons
9    released.
10    (b.5) In lieu of the penalties set forth in subsections
11(a) and (b) of this Section, any person who fails to file, in a
12timely manner, toxic chemical release forms with the Agency
13pursuant to Section 25b-2 of this Act shall be liable for a
14civil penalty of $100 per day for each day the forms are late,
15not to exceed a maximum total penalty of $6,000. This daily
16penalty shall begin accruing on the thirty-first day after the
17date that the person receives the warning notice issued by the
18Agency pursuant to Section 25b-6 of this Act; and the penalty
19shall be paid to the Agency. The daily accrual of penalties
20shall cease as of January 1 of the following year. All
21penalties collected by the Agency pursuant to this subsection
22shall be deposited into the Environmental Protection Permit
23and Inspection Fund.
24    (c) Any person that violates this Act, any rule or
25regulation adopted under this Act, any permit or term or
26condition of a permit, or any Board order and causes the death

 

 

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1of fish or aquatic life shall, in addition to the other
2penalties provided by this Act, be liable to pay to the State
3an additional sum for the reasonable value of the fish or
4aquatic life destroyed. Any money so recovered shall be placed
5in the Wildlife and Fish Fund in the State Treasury.
6    (d) The penalties provided for in this Section may be
7recovered in a civil action.
8    (e) The State's Attorney of the county in which the
9violation occurred, or the Attorney General, may, at the
10request of the Agency or on his own motion, institute a civil
11action for an injunction, prohibitory or mandatory, to
12restrain violations of this Act, any rule or regulation
13adopted under this Act, any permit or term or condition of a
14permit, or any Board order, or to require such other actions as
15may be necessary to address violations of this Act, any rule or
16regulation adopted under this Act, any permit or term or
17condition of a permit, or any Board order.
18    (f) The State's Attorney of the county in which the
19violation occurred, or the Attorney General, shall bring such
20actions in the name of the people of the State of Illinois.
21Without limiting any other authority which may exist for the
22awarding of attorney's fees and costs, the Board or a court of
23competent jurisdiction may award costs and reasonable
24attorney's fees, including the reasonable costs of expert
25witnesses and consultants, to the State's Attorney or the
26Attorney General in a case where he has prevailed against a

 

 

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1person who has committed a willful, knowing, or repeated
2violation of this Act, any rule or regulation adopted under
3this Act, any permit or term or condition of a permit, or any
4Board order.
5    Any funds collected under this subsection (f) in which the
6Attorney General has prevailed shall be deposited in the
7Hazardous Waste Fund created in Section 22.2 of this Act. Any
8funds collected under this subsection (f) in which a State's
9Attorney has prevailed shall be retained by the county in
10which he serves.
11    (g) All final orders imposing civil penalties pursuant to
12this Section shall prescribe the time for payment of such
13penalties. If any such penalty is not paid within the time
14prescribed, interest on such penalty at the rate set forth in
15subsection (a) of Section 1003 of the Illinois Income Tax Act,
16shall be paid for the period from the date payment is due until
17the date payment is received. However, if the time for payment
18is stayed during the pendency of an appeal, interest shall not
19accrue during such stay.
20    (h) In determining the appropriate civil penalty to be
21imposed under subdivisions (a), (b)(1), (b)(2), (b)(3),
22(b)(5), (b)(6), or (b)(7) of this Section, the Board is
23authorized to consider any matters of record in mitigation or
24aggravation of penalty, including, but not limited to, the
25following factors:
26        (1) the duration and gravity of the violation;

 

 

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1        (2) the presence or absence of due diligence on the
2    part of the respondent in attempting to comply with
3    requirements of this Act and regulations thereunder or to
4    secure relief therefrom as provided by this Act;
5        (3) any economic benefits accrued by the respondent
6    because of delay in compliance with requirements, in which
7    case the economic benefits shall be determined by the
8    lowest cost alternative for achieving compliance;
9        (4) the amount of monetary penalty which will serve to
10    deter further violations by the respondent and to
11    otherwise aid in enhancing voluntary compliance with this
12    Act by the respondent and other persons similarly subject
13    to the Act;
14        (5) the number, proximity in time, and gravity of
15    previously adjudicated violations of this Act by the
16    respondent;
17        (6) whether the respondent voluntarily self-disclosed,
18    in accordance with subsection (i) of this Section, the
19    non-compliance to the Agency;
20        (7) whether the respondent has agreed to undertake a
21    "supplemental environmental project", which means an
22    environmentally beneficial project that a respondent
23    agrees to undertake in settlement of an enforcement action
24    brought under this Act, but which the respondent is not
25    otherwise legally required to perform; and
26        (8) whether the respondent has successfully completed

 

 

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1    a Compliance Commitment Agreement under subsection (a) of
2    Section 31 of this Act to remedy the violations that are
3    the subject of the complaint.
4    In determining the appropriate civil penalty to be imposed
5under subsection (a) or paragraph (1), (2), (3), (5), (6), or
6(7) of subsection (b) of this Section, the Board shall ensure,
7in all cases, that the penalty is at least as great as the
8economic benefits, if any, accrued by the respondent as a
9result of the violation, unless the Board finds that
10imposition of such penalty would result in an arbitrary or
11unreasonable financial hardship. However, such civil penalty
12may be off-set in whole or in part pursuant to a supplemental
13environmental project agreed to by the complainant and the
14respondent.
15    (i) A person who voluntarily self-discloses non-compliance
16to the Agency, of which the Agency had been unaware, is
17entitled to a 100% reduction in the portion of the penalty that
18is not based on the economic benefit of non-compliance if the
19person can establish the following:
20        (1) that either the regulated entity is a small entity
21    or the non-compliance was discovered through an
22    environmental audit or a compliance management system
23    documented by the regulated entity as reflecting the
24    regulated entity's due diligence in preventing, detecting,
25    and correcting violations;
26        (2) that the non-compliance was disclosed in writing

 

 

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1    within 30 days of the date on which the person discovered
2    it;
3        (3) that the non-compliance was discovered and
4    disclosed prior to:
5            (i) the commencement of an Agency inspection,
6        investigation, or request for information;
7            (ii) notice of a citizen suit;
8            (iii) the filing of a complaint by a citizen, the
9        Illinois Attorney General, or the State's Attorney of
10        the county in which the violation occurred;
11            (iv) the reporting of the non-compliance by an
12        employee of the person without that person's
13        knowledge; or
14            (v) imminent discovery of the non-compliance by
15        the Agency;
16        (4) that the non-compliance is being corrected and any
17    environmental harm is being remediated in a timely
18    fashion;
19        (5) that the person agrees to prevent a recurrence of
20    the non-compliance;
21        (6) that no related non-compliance events have
22    occurred in the past 3 years at the same facility or in the
23    past 5 years as part of a pattern at multiple facilities
24    owned or operated by the person;
25        (7) that the non-compliance did not result in serious
26    actual harm or present an imminent and substantial

 

 

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1    endangerment to human health or the environment or violate
2    the specific terms of any judicial or administrative order
3    or consent agreement;
4        (8) that the person cooperates as reasonably requested
5    by the Agency after the disclosure; and
6        (9) that the non-compliance was identified voluntarily
7    and not through a monitoring, sampling, or auditing
8    procedure that is required by statute, rule, permit,
9    judicial or administrative order, or consent agreement.
10    If a person can establish all of the elements under this
11subsection except the element set forth in paragraph (1) of
12this subsection, the person is entitled to a 75% reduction in
13the portion of the penalty that is not based upon the economic
14benefit of non-compliance.
15    For the purposes of this subsection (i), "small entity"
16has the same meaning as in Section 221 of the federal Small
17Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C.
18601).
19    (j) In addition to any other remedy or penalty that may
20apply, whether civil or criminal, any person who violates
21Section 22.52 of this Act shall be liable for an additional
22civil penalty of up to 3 times the gross amount of any
23pecuniary gain resulting from the violation.
24    (k) In addition to any other remedy or penalty that may
25apply, whether civil or criminal, any person who violates
26subdivision (a)(7.6) of Section 31 of this Act shall be liable

 

 

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1for an additional civil penalty of $2,000.
2(Source: P.A. 99-934, eff. 1-27-17; 100-436, eff. 8-25-17;
3100-863, eff. 8-14-18.)"; and
 
4on page 1, line 17, by deleting "knowingly"; and
 
5by deleting lines 3 through 5 on page 2; and
 
6on page 2, immediately below line 2, by inserting the
7following:
8        "(3) The release of a helium balloon used for the safe
9    operation of a hot air balloon.".