Illinois General Assembly - Full Text of HB2767
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Full Text of HB2767  102nd General Assembly

HB2767ham002 102ND GENERAL ASSEMBLY

Rep. Theresa Mah

Filed: 2/23/2022

 

 


 

 


 
10200HB2767ham002LRB102 12787 CPF 36864 a

1
AMENDMENT TO HOUSE BILL 2767

2    AMENDMENT NO. ______. Amend House Bill 2767 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Environmental Protection Act is amended by
5adding 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
8protection.
9    (a) As used in this Section:
10    "Air quality plan" means the air quality plan established
11under subsection (j).
12    "Demolition" means any of the following activities
13conducted 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
5required to be included in the air quality plan.
6    "Fugitive dust" means fugitive particulate matter or any
7particulate matter emitted into the atmosphere other than
8through a stack, provided that nothing in this definition
9shall exempt any emission unit from compliance with any
10provision of 35 Ill. Adm. Code 212 otherwise applicable merely
11because of the absence of a stack.
12    "Implosion" means the use of explosives for the demolition
13of buildings or other structures.
14    "Owner or operator" means the owner or operator of a
15thermal power plant and includes agents, representatives, and
16any persons acting on behalf of an owner or operator of the
17thermal power plant.
18    "Particulate emission potential" means the potential for
19particulates from existing soils at the site to be dispersed
20by wind or by physical disturbance as determined using the
21procedures described in subparagraph (C) of paragraph (3) of
22subsection (j).
23    "Recognized environmental condition" means the presence or
24likely presence of any hazardous substance or petroleum
25product on a property under conditions that indicate an
26existing release, a past release, or a material threat of a

 

 

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1release of any hazardous substance or petroleum product into a
2structure on the property or into the ground, ground water, or
3surface water of the property.
4    "Sensitive area" means any residentially-zoned or
5mixed-used property with residential use, a park, a hospital,
6a clinic, a church, a day-care, or a school.
7    "Site" means real property containing a building or
8structure to be demolished, and all structures, equipment, and
9ancillary fixtures thereon, used in or to support the
10demolition. "Site" includes, but is not limited to,
11structures, buildings, scales, roadways, parking areas,
12queuing areas, fences, processing equipment, processing areas,
13staging or stockpiling areas, and monitoring stations.
14    "Site cleanup plan" means the site cleanup plan required
15in paragraph (5) of subsection (j).
16    "Thermal power plant" or "plant" means a facility that
17currently produces or has ever produced electricity using a
18thermal generation technology. "Thermal power plant" or
19"plant" includes, at a minimum, generation facilities creating
20power using coal, gas, or nuclear fuel as inputs. "Thermal
21power plant" or "plant" does not include buildings that are
22exclusively administrative or exclusively office buildings.
23    (b) Before an owner or operator may initiate demolition of
24a thermal power plant via implosion, the owner or operator
25must satisfy the notification requirements under subsection
26(c) and obtain an Agency-approved air quality plan as

 

 

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1specified under subsection (j).
2    (c) Before an owner or operator may initiate demolition of
3a thermal power plant via implosion, the owner or operator
4must notify the public at least 60 days before the anticipated
5date of the implosion. Notification must be conducted through
6all 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
18the 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
14available to the public on the website until 3 years after the
15demolition ends. The content of the notice shall be available
16on the home page of the website and the following information
17must 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
23notification to the Agency. No earlier than one week and no
24less than 72 hours before the originally scheduled demolition,
25the owner or operator must advise the phone, email, and text
26lists required under paragraph (5) of subsection (c) of the

 

 

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1upcoming demolition.
2    If there is a change to the date and time of a scheduled
3demolition, the owner or operator must update the
4publicly-accessible website required under paragraph (4) of
5subsection (c) and advise the phone, email, and text lists
6required under paragraph (5) of subsection (c) that the date
7is changing within 24 hours of the schedule change and also
8notice of a new planned date at least 16 hours prior to the new
9demolition date.
10    (g) At least 30 days after providing notice pursuant to
11this Section, an owner or operator must hold at least one
12public meeting within the municipality in which the site is
13located to discuss the proposed demolition, subject to the
14following 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
26with 10% or more non-English speaking residents, the owner or

 

 

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1operator must provide translation services during the public
2meeting required by this Section, if requested at least 72
3hours in advance of the public meeting.
4    (i) At the public meeting, the owner or operator must
5comply 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
19a thermal power plant via implosion, the owner or operator
20must establish an air quality plan that is approved by the
21Agency. The owner or operator shall comply with the provisions
22of the approved air quality plan.
23    The air quality plan, the transcript of the public meeting
24required under subsection (g), and the public meeting summary
25described in paragraph (7) of subsection (i) shall be
26submitted to the Agency no more than 45 days after the public

 

 

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1meeting required under subsection (g).
2    The air quality plan shall include, but is not limited to,
3the 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
24violates any provision of this Act or any regulation adopted
25by the Board, or any permit or term or condition thereof, or

 

 

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1that violates any order of the Board pursuant to this Act,
2shall be liable for a civil penalty of not to exceed $50,000
3for the violation and an additional civil penalty of not to
4exceed $10,000 for each day during which the violation
5continues; such penalties may, upon order of the Board or a
6court of competent jurisdiction, be made payable to the
7Environmental Protection Trust Fund, to be used in accordance
8with the provisions of the Environmental Protection Trust Fund
9Act.
10    (b) Notwithstanding the provisions of subsection (a) of
11this 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

 

 

10200HB2767ham002- 18 -LRB102 12787 CPF 36864 a

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
13timely manner, toxic chemical release forms with the Agency
14pursuant to Section 25b-2 of this Act shall be liable for a
15civil penalty of $100 per day for each day the forms are late,
16not to exceed a maximum total penalty of $6,000. This daily
17penalty shall begin accruing on the thirty-first day after the
18date that the person receives the warning notice issued by the
19Agency pursuant to Section 25b-6 of this Act; and the penalty
20shall be paid to the Agency. The daily accrual of penalties
21shall cease as of January 1 of the following year. All
22penalties collected by the Agency pursuant to this subsection
23shall be deposited into the Environmental Protection Permit
24and Inspection Fund.
25    (c) Any person that violates this Act, any rule or
26regulation adopted under this Act, any permit or term or

 

 

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

 

 

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1Attorney General in a case where he has prevailed against a
2person who has committed a willful, knowing, or repeated
3violation of this Act, any rule or regulation adopted under
4this Act, any permit or term or condition of a permit, or any
5Board order.
6    Any funds collected under this subsection (f) in which the
7Attorney General has prevailed shall be deposited in the
8Hazardous Waste Fund created in Section 22.2 of this Act. Any
9funds collected under this subsection (f) in which a State's
10Attorney has prevailed shall be retained by the county in
11which he serves.
12    (g) All final orders imposing civil penalties pursuant to
13this Section shall prescribe the time for payment of such
14penalties. If any such penalty is not paid within the time
15prescribed, interest on such penalty at the rate set forth in
16subsection (a) of Section 1003 of the Illinois Income Tax Act,
17shall be paid for the period from the date payment is due until
18the date payment is received. However, if the time for payment
19is stayed during the pendency of an appeal, interest shall not
20accrue during such stay.
21    (h) In determining the appropriate civil penalty to be
22imposed under subdivisions (a), (b)(1), (b)(2), (b)(3),
23(b)(5), (b)(6), or (b)(7) of this Section, the Board is
24authorized to consider any matters of record in mitigation or
25aggravation of penalty, including, but not limited to, the
26following 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
6under subsection (a) or paragraph (1), (2), (3), (5), (6), or
7(7) of subsection (b) of this Section, the Board shall ensure,
8in all cases, that the penalty is at least as great as the
9economic benefits, if any, accrued by the respondent as a
10result of the violation, unless the Board finds that
11imposition of such penalty would result in an arbitrary or
12unreasonable financial hardship. However, such civil penalty
13may be off-set in whole or in part pursuant to a supplemental
14environmental project agreed to by the complainant and the
15respondent.
16    (i) A person who voluntarily self-discloses non-compliance
17to the Agency, of which the Agency had been unaware, is
18entitled to a 100% reduction in the portion of the penalty that
19is not based on the economic benefit of non-compliance if the
20person 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
12subsection except the element set forth in paragraph (1) of
13this subsection, the person is entitled to a 75% reduction in
14the portion of the penalty that is not based upon the economic
15benefit of non-compliance.
16    For the purposes of this subsection (i), "small entity"
17has the same meaning as in Section 221 of the federal Small
18Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C.
19601).
20    (j) In addition to any other remedy or penalty that may
21apply, whether civil or criminal, any person who violates
22Section 22.52 of this Act shall be liable for an additional
23civil penalty of up to 3 times the gross amount of any
24pecuniary gain resulting from the violation.
25    (k) In addition to any other remedy or penalty that may
26apply, whether civil or criminal, any person who violates

 

 

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1subdivision (a)(7.6) of Section 31 of this Act shall be liable
2for 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
6repealing Section 3.141.
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.".