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91_HB0132
LRB9101182JMpc
1 AN ACT to amend the Illinois Emergency Planning and
2 Community Right to Know Act by changing Section 18.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Emergency Planning and Community
6 Right to Know Act is amended by changing Section 18 as
7 follows:
8 (430 ILCS 100/18) (from Ch. 111 1/2, par. 7718)
9 Sec. 18. Penalties; use of Fund.
10 (a) Any person who violates any requirement of Section
11 9, 10, 11, 12, or 14 of this Act shall be liable for a civil
12 penalty in an amount not to exceed $25,000 for each
13 violation. In the case of a second or subsequent violation
14 of Section 10, the civil penalty shall not exceed $75,000 for
15 each day during which the violation continues.
16 (b) Any person who knowingly fails to provide immediate
17 notification of a release in violation of Section 10 of this
18 Act, shall be guilty of a Class 4 felony, and in addition to
19 any other penalty prescribed by law is subject to a fine not
20 to exceed $25,000 for each day of the violation. In the case
21 of a second or subsequent conviction, the person shall be
22 guilty of a Class 3 felony, and in addition to any other
23 penalty prescribed by law is subject to a fine not to exceed
24 $50,000 for each day of the violation.
25 (c) All civil penalties and fines collected under this
26 Section shall be deposited in the Emergency Planning and
27 Training Fund, that is hereby created as a special fund in
28 the State Treasury, and shall be used by IEMA, pursuant to
29 appropriation, for its activities arising under this Act and
30 the Federal Act, including providing financial support for
31 local emergency planning committees and for training
-2- LRB9101182JMpc
1 initiatives authorized by IEMA. The Fund shall also be used,
2 subject to appropriation, for payment to local emergency and
3 disaster agencies, created in accordance with the Illinois
4 Emergency Management Agency Act, of moneys deposited into the
5 Fund pursuant to a court order or litigation settlement
6 stipulating such payments to local emergency and disaster
7 agencies.
8 (Source: P.A. 86-449; 87-168.)