(220 ILCS 5/5-202) (from Ch. 111 2/3, par. 5-202)
Sec. 5-202.
Violations; penalty.
Any public utility, any corporation other than a public
utility, or any person acting as a public utility, that violates
or fails to comply with any provisions of this
Act or that fails to obey, observe, or comply with any
order, decision,
rule, regulation, direction, or requirement, or any part or provision
thereof, of the Commission, made or issued under authority of this Act,
in a case in which a penalty is not otherwise provided for in this Act,
shall be subject to a civil penalty imposed in the manner provided in
Section 4-203. A small public utility, as defined in subsection (b) of
Section 4-502 of this Act, is subject to a civil penalty of not less than
$500 nor more than
$2,000 for each and every offense. All other public utilities, corporations
other than a public utility, and persons acting as a public utility are subject
to a civil penalty of up to $30,000 for each and every offense, except as
provided in this Section and in Sections 13-101, 13-304, 13-305, and 5-202.1 of
this Act.
Every violation of the provisions of this Act or of any order,
decision, rule, regulation, direction, or requirement of the Commission,
or any part or portion thereof, by any corporation or person, is a
separate and distinct offense, provided, however, that if the same act or
omission violates more than one
provision of this Act, or of any order, decision, rule, regulation, direction,
or
requirement of the Commission, only one penalty or cumulative penalty may
be imposed for such act or omission. In case of a continuing violation, each
day's continuance thereof shall be a separate and distinct offense, provided,
however, that the cumulative penalty for any continuing violation shall not
exceed $500,000, except in the case of a small utility, as defined in
subsection (b) of Section 4-502 of this Act, in which case the cumulative
penalty for any continuing violation shall not exceed $35,000, and provided
further that these limits shall not apply where the violation was intentional
and either (i) created substantial risk to the safety of the utility's
employees or
customers or the public or (ii) was intended to cause economic benefits to
accrue to the violator.
In construing and enforcing the provisions of this Act relating to
penalties, the act, omission, or failure of any officer, agent, or
employee of any public utility, corporation other than a public utility, or
person acting as a public utility, that is acting within the scope of his
official
duties or employment, shall in every case be deemed to be the act,
omission, or failure of such public utility, corporation other than a public
utility, or person acting as a public utility.
If the party who has violated or failed to comply with this Act or an
order,
decision, rule, regulation, direction, or requirement of the Commission,
or any part or provision thereof, fails to seek timely review pursuant to
Sections 10-113 and 10-201 of this Act, the party shall, upon expiration of the
statutory time limit, be subject
to the civil penalty provision of this Section.
No penalties shall accrue under this provision until 15 days after the
mailing of a notice to such party or parties that they are in violation
of or have failed to comply with the Act or order, decision, rule, regulation,
direction, or requirement of the Commission or any part or provision thereof,
except that this notice provision shall not apply when the violation was
intentional.
(Source: P.A. 93-457, eff. 8-8-03.)
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