Full Text of HB2767 102nd General Assembly
HB2767ham002 102ND GENERAL ASSEMBLY | Rep. Theresa Mah Filed: 2/23/2022
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| 1 | | AMENDMENT TO HOUSE BILL 2767
| 2 | | AMENDMENT NO. ______. Amend House Bill 2767 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Environmental Protection Act is amended by | 5 | | adding Section 3.141-5 and by changing Section 42 as follows: | 6 | | (415 ILCS 5/3.141-5 new) | 7 | | Sec. 3.141-5. Power plant demolition transparency and air | 8 | | protection. | 9 | | (a) As used in this Section: | 10 | | "Air quality plan" means the air quality plan established | 11 | | under subsection (j). | 12 | | "Demolition" means any of the following activities | 13 | | conducted in relation to a thermal power plant: | 14 | | (1) The demolition of a smokestack. | 15 | | (2) The demolition of an entire building or structure. | 16 | | (3) The demolition of substantially all of the |
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| 1 | | above-grade portion of a building or structure. | 2 | | (4) The alteration of an existing building to | 3 | | permanently reduce its building area via demolition. | 4 | | "Dust mitigation plan" means the dust mitigation plan | 5 | | required to be included in the air quality plan. | 6 | | "Fugitive dust" means fugitive particulate matter or any | 7 | | particulate matter emitted into the atmosphere other than | 8 | | through a stack, provided that nothing in this definition | 9 | | shall exempt any emission unit from compliance with any | 10 | | provision of 35 Ill. Adm. Code 212 otherwise applicable merely | 11 | | because of the absence of a stack. | 12 | | "Implosion" means the use of explosives for the demolition | 13 | | of buildings or other structures. | 14 | | "Owner or operator" means the owner or operator of a | 15 | | thermal power plant and includes agents, representatives, and | 16 | | any persons acting on behalf of an owner or operator of the | 17 | | thermal power plant. | 18 | | "Particulate emission potential" means the potential for | 19 | | particulates from existing soils at the site to be dispersed | 20 | | by wind or by physical disturbance as determined using the | 21 | | procedures described in subparagraph (C) of paragraph (3) of | 22 | | subsection (j). | 23 | | "Recognized environmental condition" means the presence or | 24 | | likely presence of any hazardous substance or petroleum | 25 | | product on a property under conditions that indicate an | 26 | | existing release, a past release, or a material threat of a |
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| 1 | | release of any hazardous substance or petroleum product into a | 2 | | structure on the property or into the ground, ground water, or | 3 | | surface water of the property. | 4 | | "Sensitive area" means any residentially-zoned or | 5 | | mixed-used property with residential use, a park, a hospital, | 6 | | a clinic, a church, a day-care, or a school. | 7 | | "Site" means real property containing a building or | 8 | | structure to be demolished, and all structures, equipment, and | 9 | | ancillary fixtures thereon, used in or to support the | 10 | | demolition. "Site" includes, but is not limited to, | 11 | | structures, buildings, scales, roadways, parking areas, | 12 | | queuing areas, fences, processing equipment, processing areas, | 13 | | staging or stockpiling areas, and monitoring stations. | 14 | | "Site cleanup plan" means the site cleanup plan required | 15 | | in paragraph (5) of subsection (j). | 16 | | "Thermal power plant" or "plant" means a facility that | 17 | | currently produces or has ever produced electricity using a | 18 | | thermal generation technology. "Thermal power plant" or | 19 | | "plant" includes, at a minimum, generation facilities creating | 20 | | power using coal, gas, or nuclear fuel as inputs. "Thermal | 21 | | power plant" or "plant" does not include buildings that are | 22 | | exclusively administrative or exclusively office buildings. | 23 | | (b) Before an owner or operator may initiate demolition of | 24 | | a thermal power plant via implosion, the owner or operator | 25 | | must satisfy the notification requirements under subsection | 26 | | (c) and obtain an Agency-approved air quality plan as |
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| 1 | | specified under subsection (j). | 2 | | (c) Before an owner or operator may initiate demolition of | 3 | | a thermal power plant via implosion, the owner or operator | 4 | | must notify the public at least 60 days before the anticipated | 5 | | date of the implosion. Notification must be conducted through | 6 | | all of the following activities: | 7 | | (1) Posting notices in both physical and online form | 8 | | in a newspaper of general circulation within 25 miles of | 9 | | where the thermal power plant is located. Where a | 10 | | newspaper is unavailable, the owner or operator may use | 11 | | appropriate broadcast media such as radio or television. | 12 | | (2) Mailing or hand-delivering notices to the Agency | 13 | | and all residents within at least a one-mile radius from | 14 | | the property line of the thermal power plant site; the | 15 | | radius requirement is subject to the discretion of the | 16 | | Agency and may be extended dependent on site-specific | 17 | | characteristics including, but not limited to, surrounding | 18 | | area population density, method of demolition, and | 19 | | pollution constituents associated with the demolition | 20 | | site. | 21 | | (3) Posting the notices on-site and in conspicuous | 22 | | public locations, such as grocery stores, public | 23 | | libraries, schools, municipal buildings, and pharmacies. | 24 | | (4) Establishing and posting on a publicly accessible | 25 | | website that can be visited without providing login | 26 | | credentials and that functions as a repository, all |
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| 1 | | demolition-related communications, notices, and documents | 2 | | as specified in subsection (e). | 3 | | (5) Creating and sending alerts to phone, email, and | 4 | | text lists to announce the public meeting and specific | 5 | | demolition dates. | 6 | | (6) Requesting that the Agency email the notices to | 7 | | the Agency's listserv, created under paragraph (7), for | 8 | | the plant. | 9 | | (7) For each plant subject to this Act, the Agency | 10 | | must create and maintain a listserv. Each listserv must | 11 | | include the email addresses of all interested persons who | 12 | | notify the Agency in writing, either directly through the | 13 | | Agency or indirectly through the owner or operator, of the | 14 | | person's respective email addresses and that the person | 15 | | would like to receive emails of notices concerning the | 16 | | plant. | 17 | | (d) The notice required under subsection (c) must include | 18 | | the following information: | 19 | | (1) The owner or operator's contact information, as | 20 | | well as the business name of each company that will be | 21 | | performing the demolition in whole or in part. | 22 | | (2) The date and time of the scheduled demolition. | 23 | | (3) The portion of the plant that is set for | 24 | | demolition. | 25 | | (4) The amount of demolition debris anticipated, | 26 | | expressed in terms of both weight and volume and |
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| 1 | | categorized according to waste stream if multiple waste | 2 | | streams will result from the demolition, how and where it | 3 | | will be transported, and how and where it will ultimately | 4 | | be disposed of or otherwise repurposed. | 5 | | (5) The date, time, and location of the public meeting | 6 | | required under subsection (g), along with a reference to | 7 | | the statute requiring the public meeting. | 8 | | (6) The address of the publicly accessible website. | 9 | | (7) Instructions for how to join phone, email, or text | 10 | | lists required under paragraph (5) of subsection (c) for | 11 | | future notices, public meetings, and specific demolition | 12 | | dates. | 13 | | (e) The information posted to the website must be made | 14 | | available to the public on the website until 3 years after the | 15 | | demolition ends. The content of the notice shall be available | 16 | | on the home page of the website and the following information | 17 | | must be available through the publicly accessible website: | 18 | | (1) A copy of the notice with identical content. | 19 | | (2) The draft air quality plan and all documentation | 20 | | relied upon in making the air quality plan as described in | 21 | | subsection (j). | 22 | | (3) The date, time, and location of the public meeting | 23 | | required under subsection (g), along with a reference to | 24 | | the statute requiring the public meeting. | 25 | | (4) A description of potential demolition impacts, | 26 | | including, but not limited to, a list of potential |
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| 1 | | contaminants in the demolition debris, broken down by | 2 | | major waste stream if applicable, dates, hours, and | 3 | | decibels of noise anticipated, and dates and hours of road | 4 | | closures anticipated. | 5 | | (5) Information on any applicable permits issued to | 6 | | the plant in relation to the demolition, including | 7 | | county-issued or municipality-issued permits, with express | 8 | | instructions explaining how to access a copy of each | 9 | | permit, or a copy of each of the permits, if available. | 10 | | (6) Whether there are any unlined CCR surface | 11 | | impoundments, as defined in Section 3.143, at or nearby | 12 | | the plant or public water sources or private wells within | 13 | | 2,500 feet of the plant. | 14 | | (7) A detailed description of the preventative | 15 | | measures that will be implemented by the owner or operator | 16 | | to control, mitigate, or prevent from occurring any air, | 17 | | soil, or water pollution during the demolition. | 18 | | (8) When a proposed demolition is located in a | 19 | | community with 10% or more non-English speaking residents, | 20 | | non-English versions of all of the above reflecting local | 21 | | language prevalence. | 22 | | (f) The owner or operator shall submit proof of | 23 | | notification to the Agency. No earlier than one week and no | 24 | | less than 72 hours before the originally scheduled demolition, | 25 | | the owner or operator must advise the phone, email, and text | 26 | | lists required under paragraph (5) of subsection (c) of the |
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| 1 | | upcoming demolition. | 2 | | If there is a change to the date and time of a scheduled | 3 | | demolition, the owner or operator must update the | 4 | | publicly-accessible website required under paragraph (4) of | 5 | | subsection (c) and advise the phone, email, and text lists | 6 | | required under paragraph (5) of subsection (c) that the date | 7 | | is changing within 24 hours of the schedule change and also | 8 | | notice of a new planned date at least 16 hours prior to the new | 9 | | demolition date. | 10 | | (g) At least 30 days after providing notice pursuant to | 11 | | this Section, an owner or operator must hold at least one | 12 | | public meeting within the municipality in which the site is | 13 | | located to discuss the proposed demolition, subject to the | 14 | | following rules: | 15 | | (1) The public meeting must be not more than 5 miles | 16 | | from the site unless a suitable venue is not available | 17 | | within that distance. | 18 | | (2) The public meeting must begin after 5:00 p.m. and | 19 | | be located at a venue that is accessible to persons with | 20 | | disabilities. | 21 | | (3) The owner or operator must provide reasonable | 22 | | accommodations, as defined in paragraph (9) of Section | 23 | | 12111 of the federal Americans with Disabilities Act of | 24 | | 1990, 42 U.S.C. 12111(9), upon request. | 25 | | (h) When a proposed demolition is located in a community | 26 | | with 10% or more non-English speaking residents, the owner or |
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| 1 | | operator must provide translation services during the public | 2 | | meeting required by this Section, if requested at least 72 | 3 | | hours in advance of the public meeting. | 4 | | (i) At the public meeting, the owner or operator must | 5 | | comply with the following: | 6 | | (1) Present the schedule and process for the | 7 | | demolition, which must cover the noise, air quality, | 8 | | environmental, public health, and any other community | 9 | | impacts, such as road closures, expected from the | 10 | | demolition, as well as a summary of the air quality plan, | 11 | | including control equipment and best management practices | 12 | | that will be used to reduce fugitive dust. | 13 | | (2) Include a question and answer portion of the | 14 | | meeting to allow the public to ask questions. | 15 | | (3) Include a public comment portion of the meeting to | 16 | | allow the public to offer comments. | 17 | | (4) Ensure the presence of representatives from the | 18 | | owner or operator or the company that will be performing | 19 | | the demolition in whole or in part. The representative | 20 | | must be qualified and knowledgeable enough to answer the | 21 | | questions posed by the public. | 22 | | (5) The owner and operator shall engage a certified | 23 | | court reporter to be present at the public meeting and | 24 | | transcribe the entirety of the public meeting, including, | 25 | | but not limited to, all statements made by the owner or | 26 | | operator and all public comments offered at the public |
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| 1 | | meeting. | 2 | | (6) The owner or operator shall make the transcript of | 3 | | the public meeting available on the owner or operator's | 4 | | publicly accessible website no later than 14 days after | 5 | | the public meeting. | 6 | | (7) The owner or operator shall create a summary of | 7 | | the public meeting, including issues raised by the public, | 8 | | and respond to all questions in writing no later than 14 | 9 | | days after the meeting. The owner or operator shall post | 10 | | the summary and responses to the owner's or operator's | 11 | | publicly accessible website and advise the phone, email, | 12 | | and text lists when the documentation is available. | 13 | | (8) The public meeting shall be live-streamed in order | 14 | | to allow the public to watch and meaningfully participate | 15 | | in the meeting. The meeting shall also be recorded. The | 16 | | recording shall be made available on the owner's or | 17 | | operator's publicly accessible website. | 18 | | (j) Before an owner or operator may initiate demolition of | 19 | | a thermal power plant via implosion, the owner or operator | 20 | | must establish an air quality plan that is approved by the | 21 | | Agency. The owner or operator shall comply with the provisions | 22 | | of the approved air quality plan. | 23 | | The air quality plan, the transcript of the public meeting | 24 | | required under subsection (g), and the public meeting summary | 25 | | described in paragraph (7) of subsection (i) shall be | 26 | | submitted to the Agency no more than 45 days after the public |
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| 1 | | meeting required under subsection (g). | 2 | | The air quality plan shall include, but is not limited to, | 3 | | the following: | 4 | | (1) An air dispersion modeling study using AERMOD. The | 5 | | study shall simulate dust propagation generated from the | 6 | | implosion under varying wind speeds, wind directions, and | 7 | | weather stability classes, such as unstable, neutral, and | 8 | | stable. The model shall calculate the concentrations of | 9 | | PM10 in the dust plume generated from the impact of the | 10 | | collapsed building or structure with the ground. Its | 11 | | results shall inform the placement of air monitors, as | 12 | | well as the dust mitigation plan and the site cleanup | 13 | | plan, and traffic management plans and the siting of | 14 | | protection and exclusion zones on-site and off-site. The | 15 | | AERMOD model shall produce the following outputs | 16 | | superimposed over aerial or satellite imagery: | 17 | | (A) PM10 concentration contours. | 18 | | (B) PM10 concentration versus time at the source, | 19 | | in the surrounding public way, and at sensitive areas | 20 | | offsite within 1,000 feet of the site. | 21 | | (C) Maximum PM10 concentrations at the areas | 22 | | specified above. | 23 | | (D) Computer generated videos for the estimated | 24 | | dust cloud propagation and dissipation. | 25 | | (2) Air monitoring of the air upwind and downwind at | 26 | | the site, as well the air at sensitive areas within 1,000 |
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| 1 | | feet of the site or within the plume modeled under | 2 | | paragraph (1), whichever distance is greater, for PM10. | 3 | | The monitoring shall be conducted for at least a 24-hour | 4 | | duration one week prior to the implosion, during the | 5 | | implosion, and one week following the implosion, or weekly | 6 | | until air monitoring confirms that the 24-hour PM10 levels | 7 | | are back to normal, pre-implosion levels. PM10 levels | 8 | | shall be considered normal when the measured PM10 levels | 9 | | are within the historic mean, plus or minus the standard | 10 | | deviation, within the last 3 years, unless the Agency has | 11 | | reason to believe that the site is still causing PM10 | 12 | | levels to be elevated. Historic PM10 data shall be based | 13 | | on data collected by the owner or operator from the | 14 | | nearest ambient air quality station operated by the Agency | 15 | | or other data sources approved by the Agency. The air | 16 | | monitoring shall comply with the following: | 17 | | (A) All air monitoring data shall be published on | 18 | | the publicly accessible website within 4 hours after | 19 | | collecting the data. | 20 | | (B) In conjunction with the above PM10 monitoring, | 21 | | air samples shall be collected at all monitored | 22 | | locations for analysis of: lead using NIOSH Method | 23 | | 7300, 7302, or 7303; asbestos fibers using NIOSH | 24 | | Method 7400 or 7402; silica using NIOSH Method 7500 or | 25 | | 7602; respirable particulates using NIOSH Method 0600; | 26 | | and total dust using NIOSH Method 0500. The Agency may |
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| 1 | | approve alternate test methods or require the use of | 2 | | United States Environmental Protection Agency methods, | 3 | | depending on site-specific factors. The Agency may | 4 | | also require the air sampling of any or all hazardous | 5 | | substances or petroleum products for which there is a | 6 | | recognized environmental condition that may be emitted | 7 | | into the air by the implosion. The PM10 monitoring | 8 | | shall be conducted using instruments designated as | 9 | | Federal Equivalent Method (FEM) by the United States | 10 | | Environmental Protection Agency. | 11 | | (C) The air quality plan shall also include | 12 | | operation, according to manufacturer's specifications, | 13 | | of a weather station or other permanent device to | 14 | | monitor and record wind speed and wind direction, | 15 | | along with the corresponding temperature, barometric | 16 | | pressure, and relative humidity at or near the site. | 17 | | Such readings shall be taken at an unobstructed, | 18 | | unsheltered area, unimpacted by the implosion, and at | 19 | | a minimum height of 10 meters above ground level, | 20 | | unless another height is appropriate pursuant to | 21 | | applicable United States Environmental Protection | 22 | | Agency protocols and guidance. | 23 | | (3) A dust mitigation plan that ensures adequate | 24 | | precautions and use of best practices to minimize fugitive | 25 | | dust. The dust mitigation plan shall include, but is not | 26 | | limited to, the following: |
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| 1 | | (A) The following best practices: | 2 | | (i) The thorough sweeping of paved surfaces | 3 | | using a sweeper effective at removing fine | 4 | | particulates. | 5 | | (ii) Adequate wetting of all unpaved areas. | 6 | | The operator shall ensure that surficial soils | 7 | | within the ground impact area and 50% beyond are | 8 | | thoroughly saturated up to a depth of 4 inches, or | 9 | | otherwise treated using methods approved by the | 10 | | Agency, on the day of and within one hour prior to | 11 | | the implosion, or within the closest timeframe | 12 | | allowed by safety protocol. | 13 | | (iii) Employing misting cannons around the | 14 | | building or structure or at strategic locations | 15 | | and elevations determined based on the results of | 16 | | the air dispersion modeling under paragraph (1). | 17 | | (iv) Applying water to debris immediately | 18 | | following blast and safety clearance. | 19 | | (B) Restricting traffic and operations to paved | 20 | | areas or stabilized surfaces. Soils exhibiting a high | 21 | | particulate emission potential shall be fenced off or | 22 | | otherwise demarcated to prevent disturbance, or shall | 23 | | be effectively stabilized, removed, or covered if | 24 | | vehicle traffic or operations will occur over these | 25 | | areas. | 26 | | (C) Evaluation of on-site surficial soil for |
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| 1 | | particulate emission potential, which shall be | 2 | | determined to be high based on its fines content as | 3 | | percent passing No. 200 sieve and optimum moisture | 4 | | content as percent by dry weight as follows: | 5 | | (i) if the fines content is greater than or | 6 | | equal to 15% and the optimum moisture content is | 7 | | greater than or equal to 11%, the particulate | 8 | | emission potential is high; or | 9 | | (ii) if the fines content is greater than 50%, | 10 | | the particulate emission potential is high. | 11 | | The fines content shall be determined using ASTM | 12 | | D1140-17, or updates thereto, while the optimum | 13 | | moisture content shall be measured using ASTM D1557 or | 14 | | AASHTO T180-D, or updates thereto. Alternate methods | 15 | | may be used with prior written approval from the | 16 | | Agency. The results of the investigation shall be | 17 | | depicted on a site map showing the areas of high | 18 | | particulate emission potential of unpaved surfaces at | 19 | | the site. | 20 | | (4) A contingency plan describing the contingency | 21 | | measures to be implemented if the above control measures | 22 | | fail to adequately control dust emissions. In addition, | 23 | | the plan must describe the steps that will be taken to | 24 | | verify that a dust control measure is working and, upon | 25 | | discovery of an inadequacy, the steps that will be taken | 26 | | to initiate a contingency measure. |
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| 1 | | (5) A site cleanup plan to remove dust, debris, and | 2 | | litter from the surrounding impacted area as expeditiously | 3 | | and as safely as possible to minimize disruption to the | 4 | | community. The site cleanup plan shall include, but is not | 5 | | limited to, the following: | 6 | | (A) The use of a street sweeper to clean impacted | 7 | | paved areas. The street sweeper shall be equipped with | 8 | | a waterless dust suppression system comprised of | 9 | | vacuum assist and filtration for pickup and mitigation | 10 | | of potential fugitive fine particulates, and shall be | 11 | | PM10-certified. | 12 | | (B) The cleaning of impacted parkways and private | 13 | | properties, with owner permission. | 14 | | (C) Inspection protocols that ensure that impacted | 15 | | areas, including, but not limited to, public roadways | 16 | | adjacent to residential and public structures and | 17 | | utility lines, are returned to preimplosion | 18 | | conditions. | 19 | | (D) A staffing plan and equipment list necessary | 20 | | to execute the cleanup. | 21 | | (415 ILCS 5/42) (from Ch. 111 1/2, par. 1042) | 22 | | Sec. 42. Civil penalties. | 23 | | (a) Except as provided in this Section, any person that | 24 | | violates any
provision of this Act or any regulation adopted | 25 | | by the Board, or any permit
or term or condition thereof, or |
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| 1 | | that violates any order of the Board pursuant
to this Act, | 2 | | shall be liable for a civil penalty of not to exceed
$50,000 | 3 | | for the violation and an additional civil penalty of not to | 4 | | exceed
$10,000 for each day during which the violation | 5 | | continues; such penalties may,
upon order of the Board or a | 6 | | court of competent jurisdiction, be made payable
to the | 7 | | Environmental Protection Trust Fund, to be used in accordance | 8 | | with the
provisions of the Environmental Protection Trust Fund | 9 | | Act. | 10 | | (b) Notwithstanding the provisions of subsection (a) of | 11 | | this Section: | 12 | | (1) Any person that violates Section 12(f) of this Act | 13 | | or any
NPDES permit or term or condition thereof, or any | 14 | | filing requirement,
regulation or order relating to the | 15 | | NPDES permit program, shall be liable
to a civil penalty | 16 | | of not to exceed $10,000 per day of violation. | 17 | | (2) Any person that violates Section 12(g) of this Act | 18 | | or any UIC permit
or term or condition thereof, or any | 19 | | filing requirement, regulation or order
relating to the | 20 | | State UIC program for all wells, except Class II wells as
| 21 | | defined by the Board under this Act, shall be liable to a | 22 | | civil penalty
not to exceed $2,500 per day of violation; | 23 | | provided, however, that any person
who commits such | 24 | | violations relating to the State UIC program for Class
II | 25 | | wells, as defined by the Board under this Act, shall be | 26 | | liable to a civil
penalty of not to exceed $10,000 for the |
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| 1 | | violation and an additional civil
penalty of not to exceed | 2 | | $1,000 for each day during which the violation
continues. | 3 | | (3) Any person that violates Sections 21(f), 21(g), | 4 | | 21(h) or 21(i) of
this Act, or any RCRA permit or term or | 5 | | condition thereof, or any filing
requirement, regulation | 6 | | or order relating to the State RCRA program, shall
be | 7 | | liable to a civil penalty of not to exceed $25,000 per day | 8 | | of violation. | 9 | | (4)
In an administrative citation action under Section | 10 | | 31.1 of this Act,
any person found to have violated any | 11 | | provision of subsection (o) of
Section 21 of this Act | 12 | | shall pay a civil penalty of $500 for each
violation of | 13 | | each such provision, plus any hearing costs incurred by | 14 | | the Board
and the Agency. Such penalties shall be made | 15 | | payable to the Environmental
Protection Trust Fund, to be | 16 | | used in accordance with the provisions of the
| 17 | | Environmental Protection Trust Fund Act; except that if a | 18 | | unit of local
government issued the administrative | 19 | | citation, 50% of the civil penalty shall
be payable to the | 20 | | unit of local government. | 21 | | (4-5) In an administrative citation action under | 22 | | Section 31.1 of this
Act, any person found to have | 23 | | violated any
provision of subsection (p) of
Section 21, | 24 | | Section 22.38, Section 22.51, Section 22.51a, or | 25 | | subsection (k) of Section 55 of this Act shall pay a civil | 26 | | penalty of $1,500 for each violation
of
each such |
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| 1 | | provision, plus any hearing costs incurred by the Board | 2 | | and the
Agency, except that the civil penalty amount shall | 3 | | be $3,000 for
each violation of any provision of | 4 | | subsection (p) of Section 21, Section 22.38, Section | 5 | | 22.51, Section 22.51a, or subsection (k) of Section 55 | 6 | | that is the
person's second or subsequent adjudication | 7 | | violation of that
provision. The penalties shall be | 8 | | deposited into the
Environmental Protection Trust Fund, to | 9 | | be used in accordance with the
provisions of the | 10 | | Environmental Protection Trust Fund Act; except that if a
| 11 | | unit of local government issued the administrative | 12 | | citation, 50% of the civil
penalty shall be payable to the | 13 | | unit of local government. | 14 | | (5) Any person who violates subsection 6 of Section | 15 | | 39.5 of this Act
or any CAAPP permit, or term or condition | 16 | | thereof, or any fee or filing
requirement, or any duty to | 17 | | allow or carry out inspection, entry or
monitoring | 18 | | activities, or any regulation or order relating to the | 19 | | CAAPP
shall be liable for a civil penalty not to exceed | 20 | | $10,000 per day of violation. | 21 | | (6) Any owner or operator of a community water system | 22 | | that violates subsection (b) of Section 18.1 or subsection | 23 | | (a) of Section 25d-3 of this Act shall, for each day of | 24 | | violation, be liable for a civil penalty not to exceed $5 | 25 | | for each of the premises connected to the affected | 26 | | community water system. |
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| 1 | | (7) Any person who violates Section 52.5 of this Act | 2 | | shall be liable for a civil penalty of up to $1,000 for the | 3 | | first violation of that Section and a civil penalty of up | 4 | | to $2,500 for a second or subsequent violation of that | 5 | | Section. | 6 | | (8) Any person who engages in demolition of a thermal | 7 | | power plant via implosion in violation of Section 3.141-5 | 8 | | of this Act shall be liable for a civil penalty of up to | 9 | | $50,000 for the first violation and up to $250,000 for a | 10 | | second or subsequent violation. | 11 | | (b.5) In lieu of the penalties set forth in subsections | 12 | | (a) 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 | 24 | | and Inspection Fund. | 25 | | (c) Any person that violates this Act, any rule or | 26 | | regulation adopted under
this Act, any permit or term or |
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| 1 | | condition of a permit, or any Board order and
causes the death | 2 | | of fish
or aquatic life shall, in addition to the other | 3 | | penalties provided by
this Act, be liable to pay to the State | 4 | | an additional sum for the
reasonable value of the fish or | 5 | | aquatic life destroyed. Any money so
recovered shall be placed | 6 | | in the Wildlife and Fish Fund in the State
Treasury. | 7 | | (d) The penalties provided for in this Section may be | 8 | | recovered in a
civil action. | 9 | | (e) The State's Attorney of the county in which the | 10 | | violation
occurred, or the Attorney General, may, at the | 11 | | request of the Agency or
on his own motion, institute a civil | 12 | | action for an injunction, prohibitory or mandatory, to
| 13 | | restrain violations of this Act, any rule or regulation | 14 | | adopted under this Act,
any permit or term or condition of a | 15 | | permit, or any Board order, or to require such other actions as | 16 | | may be necessary to address violations of 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. | 19 | | (f) The State's Attorney of the county in which the | 20 | | violation
occurred, or the Attorney General, shall bring such | 21 | | actions in the name
of the people of the State of Illinois.
| 22 | | Without limiting any other authority which may exist for the | 23 | | awarding
of attorney's fees and costs, the Board or a court of | 24 | | competent
jurisdiction may award costs and reasonable | 25 | | attorney's fees, including the
reasonable costs of expert | 26 | | witnesses and consultants, to the State's
Attorney or the |
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| 1 | | Attorney General in a case where he has prevailed against a
| 2 | | person who has committed a willful, knowing, or repeated | 3 | | violation of this Act,
any rule or regulation adopted under | 4 | | this Act, any permit or term or condition
of a permit, or any | 5 | | Board order. | 6 | | Any funds collected under this subsection (f) in which the | 7 | | Attorney
General has prevailed shall be deposited in the
| 8 | | Hazardous Waste Fund created in Section 22.2 of this Act. Any | 9 | | funds
collected under this subsection (f) in which a State's | 10 | | Attorney has
prevailed shall be retained by the county in | 11 | | which he serves. | 12 | | (g) All final orders imposing civil penalties pursuant to | 13 | | this Section
shall prescribe the time for payment of such | 14 | | penalties. If any such
penalty is not paid within the time | 15 | | prescribed, interest on such penalty
at the rate set forth in | 16 | | subsection (a) of Section 1003 of the Illinois Income
Tax Act, | 17 | | shall be paid for the period from the date payment is due until | 18 | | the
date payment is received. However, if the time for payment | 19 | | is stayed during
the pendency of an appeal, interest shall not | 20 | | accrue during such stay. | 21 | | (h) In determining the appropriate civil penalty to be | 22 | | imposed under
subdivisions (a), (b)(1), (b)(2), (b)(3), | 23 | | (b)(5), (b)(6), or (b)(7) of this
Section, the Board is | 24 | | authorized to consider any matters of record in
mitigation or | 25 | | aggravation of penalty, including, but not limited to, the
| 26 | | following factors: |
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| 1 | | (1) the duration and gravity of the violation; | 2 | | (2) the presence or absence of due diligence on the | 3 | | part of the
respondent in attempting to comply with | 4 | | requirements of this
Act and regulations thereunder or to | 5 | | secure relief therefrom as provided by
this Act; | 6 | | (3) any economic benefits accrued by the respondent
| 7 | | because of delay in compliance with requirements, in which | 8 | | case the economic
benefits shall be determined by the | 9 | | lowest cost alternative for achieving
compliance; | 10 | | (4) the amount of monetary penalty which will serve to | 11 | | deter further
violations by the respondent and to | 12 | | otherwise aid in enhancing
voluntary
compliance with this | 13 | | Act by the respondent and other persons
similarly
subject | 14 | | to the Act; | 15 | | (5) the number, proximity in time, and gravity of | 16 | | previously
adjudicated violations of this Act by the | 17 | | respondent; | 18 | | (6) whether the respondent voluntarily self-disclosed, | 19 | | in accordance
with subsection (i) of this Section, the | 20 | | non-compliance to the Agency; | 21 | | (7) whether the respondent has agreed to undertake a | 22 | | "supplemental
environmental project", which means an | 23 | | environmentally beneficial project that
a respondent | 24 | | agrees to undertake in settlement of an enforcement action | 25 | | brought
under this Act, but which the respondent is not | 26 | | otherwise legally required to
perform; and |
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| 1 | | (8) whether the respondent has successfully completed | 2 | | a Compliance Commitment Agreement under subsection (a) of | 3 | | Section 31 of this Act to remedy the violations that are | 4 | | the subject of the complaint. | 5 | | In determining the appropriate civil penalty to be imposed | 6 | | under subsection
(a) or paragraph (1), (2), (3), (5), (6), or | 7 | | (7) of subsection (b) of this Section, the
Board shall ensure, | 8 | | in all cases, that the penalty is at least as great as the
| 9 | | economic benefits, if any, accrued by the respondent as a | 10 | | result of the
violation, unless the Board finds that | 11 | | imposition of such penalty would result
in an arbitrary or | 12 | | unreasonable financial hardship. However, such civil
penalty
| 13 | | may be off-set in whole or in part pursuant to a supplemental
| 14 | | environmental project agreed to by the complainant and the | 15 | | respondent. | 16 | | (i) A person who voluntarily self-discloses non-compliance | 17 | | to the Agency,
of which the Agency had been unaware, is | 18 | | entitled to a 100% reduction in the
portion of the penalty that | 19 | | is not based on the economic benefit of
non-compliance if the | 20 | | person can
establish the following: | 21 | | (1) that either the regulated entity is a small entity | 22 | | or the non-compliance was discovered through an | 23 | | environmental
audit or a compliance management system | 24 | | documented by the regulated entity as
reflecting the | 25 | | regulated entity's due diligence in preventing, detecting, | 26 | | and
correcting violations; |
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| 1 | | (2) that the non-compliance was disclosed in writing | 2 | | within 30 days of
the date on which the person discovered | 3 | | it; | 4 | | (3) that the non-compliance was discovered and | 5 | | disclosed prior to: | 6 | | (i) the commencement of an Agency inspection, | 7 | | investigation, or request
for information; | 8 | | (ii) notice of a citizen suit; | 9 | | (iii) the filing of a complaint by a citizen, the | 10 | | Illinois Attorney
General, or the State's Attorney of | 11 | | the county in which the violation occurred; | 12 | | (iv) the reporting of the non-compliance by an | 13 | | employee of the person
without that person's | 14 | | knowledge; or | 15 | | (v) imminent discovery of the non-compliance by | 16 | | the Agency; | 17 | | (4) that the non-compliance is being corrected and any | 18 | | environmental
harm is being remediated in a timely | 19 | | fashion; | 20 | | (5) that the person agrees to prevent a recurrence of | 21 | | the non-compliance; | 22 | | (6) that no related non-compliance events have | 23 | | occurred in the
past 3 years at the same facility or in the | 24 | | past 5 years as part of a
pattern at multiple facilities | 25 | | owned or operated by the person; | 26 | | (7) that the non-compliance did not result in serious |
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| 1 | | actual
harm or present an imminent and substantial | 2 | | endangerment to human
health or the environment or violate | 3 | | the specific terms of any judicial or
administrative order | 4 | | or consent agreement; | 5 | | (8) that the person cooperates as reasonably requested | 6 | | by the Agency
after the disclosure; and | 7 | | (9) that the non-compliance was identified voluntarily | 8 | | and not through a
monitoring, sampling, or auditing | 9 | | procedure that is required by statute, rule,
permit, | 10 | | judicial or administrative order, or consent agreement. | 11 | | If a person can establish all of the elements under this | 12 | | subsection except
the element set forth in paragraph (1) of | 13 | | this subsection, the person is
entitled to a 75% reduction in | 14 | | the portion of the penalty that is not based
upon the economic | 15 | | benefit of non-compliance. | 16 | | For the purposes of this subsection (i), "small entity" | 17 | | has the same meaning as in Section 221 of the federal Small | 18 | | Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. | 19 | | 601). | 20 | | (j) In addition to any other remedy or penalty that may
| 21 | | apply, whether civil or criminal, any person who violates | 22 | | Section 22.52 of this Act shall be liable for an additional | 23 | | civil penalty of up to 3 times the gross amount of any | 24 | | pecuniary gain resulting from the violation.
| 25 | | (k) In addition to any other remedy or penalty that may | 26 | | apply, whether civil or criminal, any person who violates |
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| 1 | | subdivision (a)(7.6) of Section 31 of this Act shall be liable | 2 | | for an additional civil penalty of $2,000. | 3 | | (Source: P.A. 102-310, eff. 8-6-21.) | 4 | | (415 ILCS 5/3.141 rep.) | 5 | | Section 10. The Environmental Protection Act is amended by | 6 | | repealing Section 3.141.
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.".
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