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91_SB1971
SRS91SB0090JJcp
1 AN ACT to amend the Environmental Protection Act.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Environmental Protection Act is amended
5 by changing Section 42 and adding Section 39.6 as follows:
6 (415 ILCS 5/39.6 new)
7 Sec. 39.6. Permit for refinery facility within one mile
8 of school property. Notwithstanding any other provision of
9 this Act, the Agency shall not issue a permit for the
10 construction, installation, or operation of a refinery
11 facility that is located within one mile of school property
12 unless the Agency includes all of the following conditions in
13 the permit:
14 (1) The applicant shall provide, operate, and
15 maintain monitoring equipment on and around the school
16 property.
17 (2) The facility shall immediately cease operations
18 when monitoring equipment on and around the school
19 property detects any violation of this Act or of the
20 permit. Operations of the facility shall not begin again
21 until the facility is in compliance with this Act and the
22 terms and conditions of the permit.
23 (3) The applicant shall pay for any preventative and
24 remedial measures necessary to protect the health and
25 welfare of the students, teachers, and other people who
26 use the school property.
27 The Agency shall investigate the operations of the
28 facility for compliance with this Act and the permit at least
29 once every 6 months. The Agency shall review the terms and
30 conditions of the permit if there is a second or subsequent
31 violation of this Act or the terms and conditions of the
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1 permit.
2 (415 ILCS 5/42) (from Ch. 111 1/2, par. 1042)
3 Sec. 42. Civil penalties.
4 (a) Except as provided in this Section, any person that
5 violates any provision of this Act or any regulation adopted
6 by the Board, or any permit or term or condition thereof, or
7 that violates any determination or order of the Board
8 pursuant to this Act, shall be liable to a civil penalty of
9 not to exceed $50,000 for a first the violation and an
10 additional civil penalty of not to exceed $10,000 for each
11 day during which that the violation continues and $100,000
12 for a second or subsequent violation and an additional civil
13 penalty of not to exceed $20,000 but no less than $10,000 for
14 each day during which that violation continues; such
15 penalties may, upon order of the Board or a court of
16 competent jurisdiction, be made payable to the Environmental
17 Protection Trust Fund, to be used in accordance with the
18 provisions of the Environmental Protection Trust Fund Act.
19 The Board or a court of competent jurisdiction may also order
20 that all or a portion of such penalties shall be made payable
21 to units of local government where the violation occurred to
22 be used for community improvement projects.
23 (b) Notwithstanding the provisions of subsection (a) of
24 this Section:
25 (1) Any person that violates Section 12(f) of this
26 Act or any NPDES permit or term or condition thereof, or
27 any filing requirement, regulation or order relating to
28 the NPDES permit program, shall be liable to a civil
29 penalty of not to exceed $10,000 per day of violation.
30 (2) Any person that violates Section 12(g) of this
31 Act or any UIC permit or term or condition thereof, or
32 any filing requirement, regulation or order relating to
33 the State UIC program for all wells, except Class II
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1 wells as defined by the Board under this Act, shall be
2 liable to a civil penalty not to exceed $2,500 per day of
3 violation; provided, however, that any person who commits
4 such violations relating to the State UIC program for
5 Class II wells, as defined by the Board under this Act,
6 shall be liable to a civil penalty of not to exceed
7 $10,000 for the violation and an additional civil penalty
8 of not to exceed $1,000 for each day during which the
9 violation continues.
10 (3) Any person that violates Sections 21(f), 21(g),
11 21(h) or 21(i) of this Act, or any RCRA permit or term or
12 condition thereof, or any filing requirement, regulation
13 or order relating to the State RCRA program, shall be
14 liable to a civil penalty of not to exceed $25,000 per
15 day of violation.
16 (4) In an administrative citation action under
17 Section 31.1 of this Act, any person found to have
18 violated any provision of subsection (o) of Section 21 of
19 this Act shall pay a civil penalty of $500 for each
20 violation of each such provision, plus any hearing costs
21 incurred by the Board and the Agency. Such penalties
22 shall be made payable to the Environmental Protection
23 Trust Fund, to be used in accordance with the provisions
24 of the Environmental Protection Trust Fund Act; except
25 that if a unit of local government issued the
26 administrative citation, 50% of the civil penalty shall
27 be payable to the unit of local government.
28 (4-5) In an administrative citation action under
29 Section 31.1 of this Act, any person found to have
30 violated any provision of subsection (p) of Section 21 of
31 this Act shall pay a civil penalty of $1,500 for a first
32 offense and $3,000 for a second or subsequent offense,
33 plus any hearing costs incurred by the Board and the
34 Agency. The penalties shall be deposited into the
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1 Environmental Protection Trust Fund, to be used in
2 accordance with the provisions of the Environmental
3 Protection Trust Fund Act; except that if a unit of local
4 government issued the administrative citation, 50% of the
5 civil penalty shall be payable to the unit of local
6 government.
7 (5) Any person who violates subsection 6 of Section
8 39.5 of this Act or any CAAPP permit, or term or
9 condition thereof, or any fee or filing requirement, or
10 any duty to allow or carry out inspection, entry or
11 monitoring activities, or any regulation or order
12 relating to the CAAPP shall be liable for a civil penalty
13 not to exceed $10,000 per day of violation.
14 (b.5) In lieu of the penalties set forth in subsections
15 (a) and (b) of this Section, any person who fails to file, in
16 a timely manner, toxic chemical release forms with the Agency
17 pursuant to Section 25b-2 of this Act shall be liable for a
18 civil penalty of $100 per day for each day the forms are
19 late, not to exceed a maximum total penalty of $6,000. This
20 daily penalty shall begin accruing on the thirty-first day
21 after the date that the person receives the warning notice
22 issued by the Agency pursuant to Section 25b-6 of this Act;
23 and the penalty shall be paid to the Agency. The daily
24 accrual of penalties shall cease as of January 1 of the
25 following year. All penalties collected by the Agency
26 pursuant to this subsection shall be deposited into the
27 Environmental Protection Permit and Inspection Fund.
28 (c) Any person that violates this Act, or an order or
29 other determination of the Board under this Act and causes
30 the death of fish or aquatic life shall, in addition to the
31 other penalties provided by this Act, be liable to pay to the
32 State an additional sum for the reasonable value of the fish
33 or aquatic life destroyed. Any money so recovered shall be
34 placed in the Wildlife and Fish Fund in the State Treasury.
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1 (d) The penalties provided for in this Section may be
2 recovered in a civil action.
3 (e) The State's Attorney of the county in which the
4 violation occurred, or the Attorney General, may, at the
5 request of the Agency or on his own motion, institute a civil
6 action for an injunction to restrain violations of this Act.
7 (f) The State's Attorney of the county in which the
8 violation occurred, or the Attorney General, shall bring such
9 actions in the name of the people of the State of Illinois.
10 Without limiting any other authority which may exist for the
11 awarding of attorney's fees and costs, the Board or a court
12 of competent jurisdiction may award costs and reasonable
13 attorney's fees, including the reasonable costs of expert
14 witnesses and consultants, to the State's Attorney or the
15 Attorney General in a case where he has prevailed against a
16 person who has committed a wilful, knowing or repeated
17 violation of the Act.
18 Any funds collected under this subsection (f) in which
19 the Attorney General has prevailed shall be deposited in the
20 Hazardous Waste Fund created in Section 22.2 of this Act. Any
21 funds collected under this subsection (f) in which a State's
22 Attorney has prevailed shall be retained by the county in
23 which he serves.
24 (g) All final orders imposing civil penalties pursuant
25 to this Section shall prescribe the time for payment of such
26 penalties. If any such penalty is not paid within the time
27 prescribed, interest on such penalty at the rate set forth in
28 subsection (a) of Section 1003 of the Illinois Income Tax
29 Act, shall be paid for the period from the date payment is
30 due until the date payment is received. However, if the time
31 for payment is stayed during the pendency of an appeal,
32 interest shall not accrue during such stay.
33 (h) In determining the appropriate civil penalty to be
34 imposed under subdivisions (a), (b)(1), (b)(2), (b)(3), or
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1 (b)(5) of this Section, the Board is authorized to consider
2 any matters of record in mitigation or aggravation of
3 penalty, including but not limited to the following factors:
4 (1) the duration and gravity of the violation;
5 (2) the presence or absence of due diligence on the
6 part of the violator in attempting to comply with
7 requirements of this Act and regulations thereunder or to
8 secure relief therefrom as provided by this Act;
9 (3) any economic benefits accrued by the violator
10 because of delay in compliance with requirements;
11 (4) the amount of monetary penalty which will serve
12 to deter further violations by the violator and to
13 otherwise aid in enhancing voluntary compliance with this
14 Act by the violator and other persons similarly subject
15 to the Act; and
16 (5) the number, proximity in time, and gravity of
17 previously adjudicated violations of this Act by the
18 violator.
19 (Source: P.A. 90-773, eff. 8-14-98; 91-82, eff. 1-1-00.)
20 Section 99. Effective date. This Act takes effect upon
21 becoming law.