(420 ILCS 42/40)
Sec. 40. Violations and penalties.
(a) Any person who violates Section 20 shall be subject to a civil penalty
not to exceed $10,000 per day of violation.
(b) Any person failing to pay the fees provided for in Section 15 shall be
subject to a civil penalty not to exceed 4 times the amount of the fees not paid.
(c) Violations of this Act shall be prosecuted by the Attorney General at the
request of the Agency. Civil penalties under this Act are recoverable in an
action brought by the Attorney General on behalf of the State in the
circuit court of the county in which the facility is located. All amounts
collected from fines under this Section shall be deposited in the
General Revenue Fund. It shall also be the duty of the Attorney
General upon the request of the Agency to bring an action for an
injunction against any person violating any of the provisions of this Act.
The Court may assess all or a portion of the cost of actions brought under
this subsection, including but not limited to attorney, expert witness, and
consultant fees, to the owner or operator of the source material milling
facility or to any other person responsible for the violation or contamination.
(Source: P.A. 94-91, eff. 7-1-05; 95-777, eff. 8-4-08.)
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