| ||||
Public Act 098-0526 | ||||
| ||||
| ||||
AN ACT concerning utilities.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Illinois Gas Pipeline Safety Act is amended | ||||
by adding Sections 2.08, 2.09, 2.10, 2.11, and 7.5 and by | ||||
changing Section 7 as follows: | ||||
(220 ILCS 20/2.08 new) | ||||
Sec. 2.08. Notice of probable violation. "Notice of | ||||
probable violation" or "NOPV" means a written notice, | ||||
satisfying the criteria set forth in Section 7.5 of this Act, | ||||
given by the pipeline safety manager to a person who engages in | ||||
the transportation of gas or who owns or operates pipeline | ||||
facilities that identifies a failure of such person to comply | ||||
with the provisions of this Act, the federal Natural Gas | ||||
Pipeline Safety Act of 1968, or any Commission order or rule | ||||
issued under this Act and may recommend a penalty in connection | ||||
therewith, subject to the terms of this Act. | ||||
(220 ILCS 20/2.09 new) | ||||
Sec. 2.09. Pipeline safety manager. "Pipeline safety | ||||
manager" means the manager of the Commission's Pipeline Safety | ||||
Program or other staff of the Commission assigned to gas | ||||
pipeline safety issues.
|
(220 ILCS 20/7) (from Ch. 111 2/3, par. 557)
| ||
Sec. 7. Penalties; action for penalties ; Commission | ||
approval of penalties .
| ||
(a) Any person violating paragraph (a) of Section 6 of this | ||
Act or
any
rule or order issued under this Act is subject to a | ||
civil penalty not to
exceed the maximum penalties established | ||
by Section 60122(a)(1) of Title 49 of
the United States Code | ||
for each day the violation
persists. Such civil penalties do | ||
not apply to a violation with respect
to a pipeline facility in | ||
existence on the effective date of this Act
unless such | ||
violation persists one year from the effective date.
| ||
(b) Any civil penalty may be compromised by the Commission | ||
or, subject to this Act, by the pipeline safety manager . In
| ||
determining the amount of the penalty, or the amount agreed | ||
upon in
compromise, the Commission or, subject to this Act, the | ||
pipeline safety manager, as the case may be, shall consider the | ||
appropriateness of the
penalty to the size of the business of | ||
the person charged, the gravity of
the violation, and the good | ||
faith of the person charged in attempting to
achieve | ||
compliance, after notification of a violation. The amount of | ||
the
penalty when finally determined, or the amount agreed upon | ||
in compromise,
shall be paid or may be deducted from any sums | ||
owing by the State of Illinois to the person
charged pursuant | ||
to the terms and conditions of the NOPV or the agreed | ||
compromise or Commission order, as the case may be, or may be |
recovered in a civil action in accordance with paragraph
(c) of | ||
this Section 7. Unless specifically stated otherwise in the | ||
terms and conditions of any compromise agreement, any | ||
compromise of a penalty recommended in an NOPV by the person | ||
charged shall not be deemed to be an admission of liability.
| ||
(c) Actions to recover penalties under this Act shall be | ||
brought in the
name of the People of the State of Illinois in | ||
the circuit court in and for
the county in which the cause or | ||
some part thereof, arose or in which the
corporation complained | ||
of, if any, has its principal place of business or
in which the | ||
person, if any, complained of, resides. All penalties
recovered | ||
by the State in any action shall be paid into the general
fund | ||
of the State Treasury. The action shall be commenced and | ||
prosecuted
to final judgment by the Attorney General on behalf | ||
of the Commission. In
all such actions, the procedure and rules | ||
of evidence shall conform with
the Civil Practice Law and other | ||
rules of court governing civil
trials.
| ||
(d) In addition the Commission may proceed under Section | ||
4-202 of the
Public Utilities Act, either by mandamus or | ||
injunction, to secure
compliance with its rules, regulations | ||
and orders issued under this Act.
| ||
(e) Any person penalized under this Section is not subject, | ||
for the same
cause, to any other penalty provided in the Public | ||
Utilities Act.
| ||
(f) In the event any penalty recommended by the pipeline | ||
safety manager is paid by the person charged in the applicable |
NOPV in accordance with subsection (b) of this Section or in | ||
accordance with the terms and conditions of a compromise, | ||
agreed upon by such person and the pipeline safety manager, | ||
then the pipeline safety manager shall report, and request | ||
approval of, each such payment of a recommended penalty or | ||
agreed compromise, as the case may be, to the Commission at a | ||
public meeting of the Commission and shall also post such | ||
report on the Commission's website as a public document subject | ||
to the requirements of Section 4-404 of the Public Utilities | ||
Act. Whenever such report and request for approval shall be | ||
made to the Commission, the Commission shall have the power, | ||
and it is hereby given authority, either upon complaint or upon | ||
its own motion, upon reasonable notice given within 45 days | ||
after such report and request for approval was made at a public | ||
meeting of the Commission, to enter upon a hearing concerning | ||
the propriety of the applicable NOPV, payment, or compromise. | ||
In the event the Commission does not exercise this power within | ||
the 45-day period, the payment or agreed compromise referenced | ||
in the report shall be deemed approved by the Commission by | ||
operation of law at the expiration of the 45-day period and the | ||
NOPV and related investigation shall be deemed closed. | ||
(Source: P.A. 91-814, eff. 6-13-00.)
| ||
(220 ILCS 20/7.5 new) | ||
Sec. 7.5. NOPV; Commission hearing. | ||
(a) For the purposes of this Section, "violation" means a |
failure to comply with any provision of this Act or any | ||
Commission order or rule issued under this Act. | ||
(b) After investigation and determination of a probable | ||
violation, the pipeline safety manager may issue and deposit in | ||
the United States mail an NOPV. Any NOPV so issued and mailed | ||
may also be posted on the Commission's website as a public | ||
document, subject to the requirements of Section 4-404 of the | ||
Public Utilities Act. | ||
(c) An NOPV shall set forth, at a minimum, the following: | ||
(1) the date the NOPV was issued and deposited in the United | ||
States mail; (2) a description of the violation or violations | ||
alleged; (3) the date and location of the safety incident, if | ||
applicable, related to each alleged violation; (4) a detailed | ||
description of the circumstances that support the | ||
determination of each proposed violation; (5) a detailed | ||
description of the corrective action required with respect to | ||
each proposed violation; (6) the amount of the penalty, if any, | ||
recommended with respect to each proposed violation; (7) the | ||
applicable recommended deadline for payment of each proposed | ||
penalty and for completion of each proposed corrective action | ||
(in no event shall any recommended deadline be less than 30 | ||
days after the date of the NOPV); (8) notification that any | ||
such recommended deadline may be extended by mutual agreement | ||
of the parties for the purpose of facilitating settlement or | ||
compromise; and (9) a brief description of the procedures by | ||
which any recommended penalty or proposed corrective action may |
be challenged at the Commission or approved pursuant to | ||
subsection (f) of Section 7. | ||
(d) Payment in full of each of the recommended penalties | ||
and full completion of each of the proposed corrective actions, | ||
as identified in the NOPV and in accordance with the terms and | ||
conditions set forth in the NOPV, including without limitation | ||
the respective recommended deadlines set forth in the NOPV for | ||
such payment or completion, shall constitute a final resolution | ||
of the NOPV, subject to the approval by the Commission of the | ||
recommended penalty and payment in accordance with subsection | ||
(f) of Section 7. | ||
(e) If one or more of the alleged violations set forth in | ||
an NOPV is contested, then the Commission shall have the power | ||
and it is hereby given authority, either upon complaint or upon | ||
its own motion, upon reasonable notice, to enter upon a hearing | ||
under this Act concerning the incident referenced in the NOPV, | ||
in accordance with Article X of the Public Utilities Act. If a | ||
recommended penalty is not paid prior to the deadline | ||
recommended in the NOPV or other mutually agreed upon date, or | ||
if one or more of the proposed corrective actions set forth in | ||
an NOPV is not fully and timely completed in accordance with | ||
the terms and conditions set forth in the NOPV, the NOPV shall | ||
be deemed contested. | ||
(f) The Commission shall have the power to adopt rules to | ||
implement this Section to the extent the Commission deems such | ||
rules necessary or desirable.
|
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
|