Public Act 097-0519 Public Act 0519 97TH GENERAL ASSEMBLY |
Public Act 097-0519 | SB1357 Enrolled | LRB097 00021 JDS 40022 b |
|
| AN ACT concerning safety.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Environmental Protection Act is amended by | changing Sections 31 and 42 as follows:
| (415 ILCS 5/31) (from Ch. 111 1/2, par. 1031)
| Sec. 31. Notice; complaint; hearing.
| (a)(1) Within 180 days after of becoming aware of an | alleged violation of the
Act , or any rule adopted under the | Act , or of a permit granted by the Agency , or
a condition | of such a the permit, the Agency shall issue and serve, by | certified mail,
upon the person complained against a | written notice informing that person that
the Agency has | evidence of the alleged violation. At a minimum, the | written
notice shall contain:
| (A) a notification to the person complained | against of the requirement to
submit a written response | addressing the violations alleged and the option to
| meet with appropriate agency personnel to resolve any | alleged violations that
could lead to the filing of a | formal complaint;
| (B) a detailed explanation by the Agency of the | violations alleged;
|
| (C) an explanation by the Agency of the actions | that the Agency
believes may resolve the alleged | violations, including an estimate of a
reasonable time | period for the person complained against to complete | the
suggested resolution; and
| (D) an explanation of any alleged violation that | the Agency believes
cannot be resolved without the | involvement of the Office of the Illinois
Attorney | General or the State's Attorney of the county in which | the alleged
violation occurred and the basis for the | Agency's belief.
| (2) A written response to the violations alleged shall | be submitted to
the Agency, by certified mail, within 45 | days after of receipt of notice by the
person complained | against, unless the Agency agrees to an extension. The
| written response shall include:
| (A) information in rebuttal, explanation or | justification of each
alleged violation;
| (B) if the person complained against desires to | enter into a Compliance Commitment Agreement, proposed | terms for a proposed Compliance Commitment Agreement | that includes specified
times for achieving each | commitment and which may consist of a statement
| indicating that the person complained against believes | that compliance has
been achieved; and
| (C) a request for a meeting with appropriate Agency |
| personnel if a
meeting is desired by the person | complained against.
| (3) If the person complained against fails to respond | in accordance with
the requirements of subdivision (2) of | this subsection (a), the failure to
respond shall be | considered a waiver of the requirements of this subsection
| (a) and nothing in this Section shall preclude the Agency | from proceeding
pursuant to subsection (b) of this Section.
| (4) A meeting requested pursuant to subdivision (2) of | this subsection
(a) shall be held without a representative | of the Office of the Illinois
Attorney General or the | State's Attorney of the county in which the alleged
| violation occurred, within 60 days after of receipt of | notice by the person
complained against, unless the Agency | agrees to a postponement. At the
meeting, the Agency shall | provide an opportunity for the person complained
against to | respond to each alleged violation, suggested resolution, | and
suggested implementation time frame, and to suggest | alternate resolutions.
| (5) If a meeting requested pursuant to subdivision (2) | of this subsection
(a) is held, the person complained | against shall, within 21 days following the
meeting or | within an extended time period as agreed to by the Agency, | submit
by certified mail to the Agency a written response | to the alleged violations.
The written response shall | include:
|
| (A) additional information in rebuttal, | explanation , or justification
of each alleged | violation;
| (B) if the person complained against desires to | enter into a Compliance Commitment Agreement, proposed | terms for a proposed Compliance Commitment Agreement | that includes specified
times for achieving each | commitment and which may consist of a statement
| indicating that the person complained against believes | that compliance has
been achieved; and
| (C) a statement indicating that, should the person | complained against
so wish, the person complained | against chooses to rely upon the initial written
| response submitted pursuant to subdivision (2) of this | subsection (a).
| (6) If the person complained against fails to respond | in accordance with
the requirements of subdivision (5) of | this subsection (a), the failure to
respond shall be | considered a waiver of the requirements of this subsection | (a)
and nothing in this Section shall preclude the Agency | from proceeding pursuant
to subsection (b) of this Section.
| (7) Within 30 days after of the Agency's receipt of a | written response submitted
by the person complained | against pursuant to subdivision (2) of this
subsection (a) , | if a meeting is not requested , or pursuant to subdivision | (5) of this
subsection (a) , if a meeting is held, or within |
| a later time period as agreed
to by the Agency and the | person complained against, the Agency shall issue and
| serve, by certified mail, upon the person complained | against (i) a written notice
informing the person of its | acceptance, rejection, or proposed modification to
the | proposed Compliance Commitment Agreement or (ii) a notice | that one or more violations cannot be resolved without the | involvement of the Office of the Attorney General or the | State's Attorney of the county in which the alleged | violation occurred and that no proposed Compliance | Commitment Agreement will be issued by the Agency for those | violations. The Agency shall include terms and conditions | in the proposed Compliance Commitment Agreement that are, | in its discretion, necessary to bring the person complained | against into compliance with the Act, any rule adopted | under the Act, any permit granted by the Agency, or any | condition of such a permit. The Agency shall take into | consideration the proposed terms for the proposed | Compliance Commitment Agreement that were provided under | subdivision (a)(2)(B) or (a)(5)(B) of this Section by the | person complained against as contained within the written
| response .
| (7.5) Within 30 days after the receipt of the Agency's | proposed Compliance Commitment Agreement by the person | complained against, the person shall either (i) agree to | and sign the proposed Compliance Commitment Agreement |
| provided by the Agency and submit the signed Compliance | Commitment Agreement to the Agency by certified mail or | (ii) notify the Agency in writing by certified mail of the | person's rejection of the proposed Compliance Commitment | Agreement. If the person complained against fails to | respond to the proposed Compliance Commitment Agreement | within 30 days as required under this paragraph, the | proposed Compliance Commitment Agreement is deemed | rejected by operation of law. Any Compliance Commitment | Agreement entered into under item (i) of this paragraph may | be amended subsequently in writing by mutual agreement | between the Agency and the signatory to the Compliance | Commitment Agreement, the signatory's legal | representative, or the signatory's agent. | (7.6) No person shall violate the terms or conditions | of a Compliance Commitment Agreement entered into under | subdivision (a)(7.5) of this Section. Successful | completion of a Compliance Commitment Agreement or an | amended Compliance Commitment Agreement shall be a factor | to be weighed, in favor of the person completing the | Agreement, by the Office of the Illinois Attorney General | in determining whether to file a complaint for the | violations that were the subject of the Agreement.
| (8) Nothing in this subsection (a) is intended to | require the Agency to
enter into Compliance Commitment | Agreements for any alleged violation that the
Agency |
| believes cannot be resolved without the involvement of the | Office of the
Attorney General or the State's Attorney of | the county in which the alleged
violation occurred, for, | among other purposes, the imposition of statutory
| penalties.
| (9) The Agency's failure to respond within 30 days to a | written response submitted
pursuant to subdivision (2) of | this subsection (a) , if a meeting is not
requested , or | pursuant to subdivision (5) of this subsection (a) , if a | meeting is held,
within 30 days, or within the time period | otherwise agreed to in writing by
the Agency and the person | complained against, shall be deemed an acceptance by
the | Agency of the proposed terms of the Compliance Commitment | Agreement for the violations
alleged in the written notice | issued under subdivision (1) of this subsection
(a) as | contained within the written response.
| (10) If the person complained against complies with the | terms of a
Compliance
Commitment Agreement accepted | pursuant to this subsection (a), the Agency
shall not refer | the alleged violations which are the subject of the | Compliance
Commitment Agreement to the Office of the | Illinois Attorney General or the
State's Attorney of the | county in which the alleged violation occurred.
However, | nothing in this subsection is intended to preclude the | Agency from
continuing negotiations with the person | complained against or from proceeding
pursuant to the |
| provisions of subsection (b) of this Section for alleged
| violations that which remain the subject of disagreement | between the Agency and the
person complained against | following fulfillment of the requirements of this
| subsection (a).
| (11) Nothing in this subsection (a) is intended to | preclude the person
complained against from submitting to | the Agency, by certified mail, at any
time, notification | that the person complained against consents to waiver of
| the requirements of subsections (a) and (b) of this | Section.
| (12) The Agency shall have the authority to adopt rules | for the administration of subsection (a) of this Section. | The rules shall be adopted in accordance with the | provisions of the Illinois Administrative Procedure Act. | (b) For alleged violations that remain the subject of | disagreement
between the Agency and the person complained | against following fulfillment of
the requirements of | subsection (a) of this Section, and for alleged violations of | the terms or conditions of a Compliance Commitment Agreement | entered into under subdivision (a)(7.5) of this Section as well | as the alleged violations that are the subject of the | Compliance Commitment Agreement, and as a precondition to
the | Agency's referral or request to the Office of the Illinois | Attorney General
or the State's Attorney of the county in which | the alleged violation occurred
for legal representation |
| regarding an alleged violation that may be addressed
pursuant | to subsection (c) or (d) of this Section or pursuant to Section | 42 of
this Act, the Agency shall issue and serve, by certified | mail, upon the person
complained against a written notice | informing that person that the Agency
intends to pursue legal | action. Such notice shall notify the person
complained against | of the violations to be alleged and offer the person an
| opportunity to meet with appropriate Agency personnel in an | effort to resolve
any alleged violations that could lead to the | filing of a formal complaint.
The meeting with Agency personnel | shall be held within 30 days after of receipt of
notice served | pursuant to this subsection upon the person complained against,
| unless the Agency agrees to a postponement or the person | notifies the Agency
that he or she will not appear at a meeting | within the 30 - day time period.
Nothing in this subsection is | intended to preclude the Agency from following
the provisions | of subsection (c) or (d) of this Section or from requesting the
| legal representation of the Office of the Illinois Attorney | General or the
State's Attorney of the county in which the | alleged violations occurred for
alleged violations which | remain the subject of disagreement between the Agency
and the | person complained against after the provisions of this | subsection are
fulfilled.
| (c)(1) For alleged violations which remain the subject of | disagreement
between the Agency and the person complained | against following waiver , pursuant
to subdivision (10) of |
| subsection (a) of this Section , or fulfillment of
the | requirements of subsections (a) and (b) of this Section, | the Office of the
Illinois Attorney General or the State's | Attorney of the county in which the
alleged violation | occurred shall issue and serve upon the person complained
| against a written notice, together with a formal complaint, | which shall
specify the provision of the Act , or the rule , | or regulation , or permit , or term
or condition thereof | under which such person is said to be in violation , and
a | statement of the manner in , and the extent to which such | person is said to
violate the Act , or such rule , or | regulation , or permit , or term or condition
thereof and | shall require the person so complained
against to answer | the charges of such formal complaint at a hearing before
| the Board at a time not less than 21 days after the date of | notice by the
Board, except as provided in Section 34 of | this Act. Such complaint shall
be accompanied by a | notification to the defendant that financing may be
| available, through the Illinois Environmental Facilities | Financing Act, to
correct such violation. A copy of such | notice of such
hearings shall also be sent to any person | that has complained to the
Agency respecting the respondent | within the six months preceding the
date of the complaint, | and to any person in the county in which the
offending | activity occurred that has requested notice of enforcement
| proceedings; 21 days notice of such hearings shall also be |
| published in
a newspaper of general circulation in such | county. The respondent may
file a written answer, and at | such hearing the rules prescribed in
Sections 32 and 33 of | this Act shall apply. In the case of actual or
threatened | acts outside Illinois contributing to environmental damage | in
Illinois, the extraterritorial service-of-process | provisions of Sections
2-208 and 2-209 of the Code of Civil | Procedure shall apply.
| With respect to notices served pursuant to this | subsection (c)(1) that which
involve hazardous material or | wastes in any manner, the Agency shall
annually publish a | list of all such notices served. The list shall include
the | date the investigation commenced, the date notice was sent, | the date
the matter was referred to the Attorney General, | if applicable, and the
current status of the matter.
| (2) Notwithstanding the provisions of subdivision (1) | of this subsection
(c), whenever a complaint has been filed | on behalf of the Agency or by the
People of the State of | Illinois, the parties may file with the Board a
stipulation | and proposal for settlement accompanied by a request for | relief
from the requirement of a hearing pursuant to | subdivision (1). Unless the
Board, in its discretion, | concludes that a hearing will be held, the Board
shall | cause notice of the stipulation, proposal and request for | relief to
be published and sent in the same manner as is | required for hearing
pursuant to subdivision (1) of this |
| subsection. The notice shall include a
statement that any | person may file a written demand for hearing within 21
days | after receiving the notice. If any person files a timely | written
demand for hearing, the Board shall deny the | request for relief from a
hearing and shall hold a hearing | in accordance with the provisions of
subdivision (1).
| (3) Notwithstanding the provisions of subdivision (1) | of this subsection
(c), if the Agency becomes aware of a | violation of this Act arising from, or
as a result of, | voluntary pollution prevention activities, the Agency | shall not
proceed with the written notice required by | subsection (a) of this Section
unless:
| (A) the person fails to take corrective action or | eliminate the reported
violation within a reasonable | time; or
| (B) the Agency believes that the violation poses a | substantial and
imminent danger to the public health or | welfare or the environment. For the
purposes of this | item (B), "substantial and imminent danger" means a | danger
with a likelihood of serious or irreversible | harm.
| (d)(1) Any person may file with the Board a complaint, | meeting
the requirements of subsection (c) of this Section, | against any person
allegedly violating this Act, any rule | or regulation adopted under this
Act, any permit or term or | condition of a permit, or any Board order. The complainant |
| shall immediately serve a copy of such complaint
upon the | person or persons named therein. Unless the Board | determines that
such complaint is duplicative or | frivolous, it shall schedule a hearing and
serve written | notice thereof upon the person or persons named therein, in
| accord with subsection (c) of this Section.
| (2) Whenever a complaint has been filed by a person | other than the
Attorney General or the State's Attorney, | the parties may file with the Board
a stipulation and | proposal for settlement accompanied by a request for relief
| from the hearing requirement of subdivision (c)(1) of this | Section. Unless
the Board, in its discretion, concludes | that a hearing should be held, no
hearing on the | stipulation and proposal for settlement is required.
| (e) In hearings before the Board under this Title the | burden shall
be on the Agency or other complainant to show | either that the respondent
has caused or threatened to cause | air or water pollution or that the
respondent has violated or | threatens to violate any provision of this
Act or any rule or | regulation of the Board or permit or term or
condition thereof. | If such proof has been made, the burden shall be on
the | respondent to show that compliance with the Board's regulations
| would impose an arbitrary or unreasonable hardship.
| (f) The provisions of this Section shall not apply to | administrative
citation actions commenced under Section 31.1 | of this Act.
|
| (Source: P.A. 92-574, eff. 6-26-02; 93-152, eff. 7-10-03.)
| (415 ILCS 5/42) (from Ch. 111 1/2, par. 1042) | Sec. 42. Civil penalties. | (a) Except as provided in this Section, any person that | violates any
provision of this Act or any regulation adopted by | the Board, or any permit
or term or condition thereof, or that | violates any order of the Board pursuant
to this Act, shall be | liable for a civil penalty of not to exceed
$50,000 for the | violation and an additional civil penalty of not to exceed
| $10,000 for each day during which the violation continues; such | penalties may,
upon order of the Board or a court of competent | jurisdiction, be made payable
to the Environmental Protection | Trust Fund, to be used in accordance with the
provisions of the | Environmental Protection Trust Fund Act. | (b) Notwithstanding the provisions of subsection (a) of | this Section: | (1) Any person that violates Section 12(f) of this Act | or any
NPDES permit or term or condition thereof, or any | filing requirement,
regulation or order relating to the | NPDES permit program, shall be liable
to a civil penalty of | not to exceed $10,000 per day of violation. | (2) Any person that violates Section 12(g) of this Act | or any UIC permit
or term or condition thereof, or any | filing requirement, regulation or order
relating to the | State UIC program for all wells, except Class II wells as
|
| defined by the Board under this Act, shall be liable to a | civil penalty
not to exceed $2,500 per day of violation; | provided, however, that any person
who commits such | violations relating to the State UIC program for Class
II | wells, as defined by the Board under this Act, shall be | liable to a civil
penalty of not to exceed $10,000 for the | violation and an additional civil
penalty of not to exceed | $1,000 for each day during which the violation
continues. | (3) Any person that violates Sections 21(f), 21(g), | 21(h) or 21(i) of
this Act, or any RCRA permit or term or | condition thereof, or any filing
requirement, regulation | or order relating to the State RCRA program, shall
be | liable to a civil penalty of not to exceed $25,000 per day | of violation. | (4)
In an administrative citation action under Section | 31.1 of this Act,
any person found to have violated any | provision of subsection (o) of
Section 21 of this Act shall | pay a civil penalty of $500 for each
violation of each such | provision, plus any hearing costs incurred by the Board
and | the Agency. Such penalties shall be made payable to the | Environmental
Protection Trust Fund, to be used in | accordance with the provisions of the
Environmental | Protection Trust Fund Act; except that if a unit of local
| government issued the administrative citation, 50% of the | civil penalty shall
be payable to the unit of local | government. |
| (4-5) In an administrative citation action under | Section 31.1 of this
Act, any person found to have violated | any
provision of subsection (p) of
Section 21, Section | 22.51, Section 22.51a, or subsection (k) of Section 55 of | this Act shall pay a civil penalty of $1,500 for each | violation
of
each such provision, plus any hearing costs | incurred by the Board and the
Agency, except that the civil | penalty amount shall be $3,000 for
each violation of any | provision of subsection (p) of Section 21, Section 22.51, | Section 22.51a, or subsection (k) of Section 55 that is the
| person's second or subsequent adjudication violation of | that
provision. The penalties shall be deposited into the
| Environmental Protection Trust Fund, to be used in | accordance with the
provisions of the Environmental | Protection Trust Fund Act; except that if a
unit of local | government issued the administrative citation, 50% of the | civil
penalty shall be payable to the unit of local | government. | (5) Any person who violates subsection 6 of Section | 39.5 of this Act
or any CAAPP permit, or term or condition | thereof, or any fee or filing
requirement, or any duty to | allow or carry out inspection, entry or
monitoring | activities, or any regulation or order relating to the | CAAPP
shall be liable for a civil penalty not to exceed | $10,000 per day of violation. | (6) Any owner or operator of a community water system |
| that violates subsection (b) of Section 18.1 or subsection | (a) of Section 25d-3 of this Act shall, for each day of | violation, be liable for a civil penalty not to exceed $5 | for each of the premises connected to the affected | community water system. | (b.5) In lieu of the penalties set forth in subsections (a) | and (b) of
this Section, any person who fails to file, in a | timely manner, toxic
chemical release forms with the Agency | pursuant to Section 25b-2
of this Act
shall be liable for a | civil penalty of $100 per day for
each day the forms are
late, | not to exceed a maximum total penalty of $6,000. This daily | penalty
shall begin accruing on the thirty-first day after the
| date that the person receives the warning notice issued by the | Agency pursuant
to Section 25b-6 of this Act; and the penalty | shall be paid to the Agency. The
daily accrual of penalties | shall cease as of January 1 of the following year.
All | penalties collected by the Agency pursuant to this subsection | shall be
deposited into the Environmental Protection Permit and | Inspection Fund. | (c) Any person that violates this Act, any rule or | regulation adopted under
this Act, any permit or term or | condition of a permit, or any Board order and
causes the death | of fish
or aquatic life shall, in addition to the other | penalties provided by
this Act, be liable to pay to the State | an additional sum for the
reasonable value of the fish or | aquatic life destroyed. Any money so
recovered shall be placed |
| in the Wildlife and Fish Fund in the State
Treasury. | (d) The penalties provided for in this Section may be | recovered in a
civil action. | (e) The State's Attorney of the county in which the | violation
occurred, or the Attorney General, may, at the | request of the Agency or
on his own motion, institute a civil | action for an injunction, prohibitory or mandatory, to
restrain | violations of this Act, any rule or regulation adopted under | this Act,
any permit or term or condition of a permit, or any | Board order, or to require such other actions as may be | necessary to address violations of this Act, any rule or | regulation adopted under this Act, any permit or term or | condition of a permit, or any Board order. | (f) The State's Attorney of the county in which the | violation
occurred, or the Attorney General, shall bring such | actions in the name
of the people of the State of Illinois.
| Without limiting any other authority which may exist for the | awarding
of attorney's fees and costs, the Board or a court of | competent
jurisdiction may award costs and reasonable | attorney's fees, including the
reasonable costs of expert | witnesses and consultants, to the State's
Attorney or the | Attorney General in a case where he has prevailed against a
| person who has committed a wilful, knowing or repeated | violation of this Act,
any rule or regulation adopted under | this Act, any permit or term or condition
of a permit, or any | Board order. |
| Any funds collected under this subsection (f) in which the | Attorney
General has prevailed shall be deposited in the
| Hazardous Waste Fund created in Section 22.2 of this Act. Any | funds
collected under this subsection (f) in which a State's | Attorney has
prevailed shall be retained by the county in which | he serves. | (g) All final orders imposing civil penalties pursuant to | this Section
shall prescribe the time for payment of such | penalties. If any such
penalty is not paid within the time | prescribed, interest on such penalty
at the rate set forth in | subsection (a) of Section 1003 of the Illinois Income
Tax Act, | shall be paid for the period from the date payment is due until | the
date payment is received. However, if the time for payment | is stayed during
the pendency of an appeal, interest shall not | accrue during such stay. | (h) In determining the appropriate civil penalty to be | imposed under
subdivisions (a), (b)(1), (b)(2), (b)(3), or | (b)(5) of this
Section, the Board is authorized to consider any | matters of record in
mitigation or aggravation of penalty, | including but not limited to the
following factors: | (1) the duration and gravity of the violation; | (2) the presence or absence of due diligence on the | part of the
respondent in attempting to comply with | requirements of this
Act and regulations thereunder or to | secure relief therefrom as provided by
this Act; | (3) any economic benefits accrued by the respondent
|
| because of delay in compliance with requirements, in which | case the economic
benefits shall be determined by the | lowest cost alternative for achieving
compliance; | (4) the amount of monetary penalty which will serve to | deter further
violations by the respondent and to otherwise | aid in enhancing
voluntary
compliance with this Act by the | respondent and other persons
similarly
subject to the Act; | (5) the number, proximity in time, and gravity of | previously
adjudicated violations of this Act by the | respondent; | (6) whether the respondent voluntarily self-disclosed, | in accordance
with subsection (i) of this Section, the | non-compliance to the Agency; and | (7) whether the respondent has agreed to undertake a | "supplemental
environmental project," which means an | environmentally beneficial project that
a respondent | agrees to undertake in settlement of an enforcement action | brought
under this Act, but which the respondent is not | otherwise legally required to
perform ; and . | (8) whether the respondent has successfully completed | a Compliance Commitment Agreement under subsection (a) of | Section 31 of this Act to remedy the violations that are | the subject of the complaint. | In determining the appropriate civil penalty to be imposed | under subsection
(a) or paragraph (1), (2), (3), or (5) of | subsection (b) of this Section, the
Board shall ensure, in all |
| cases, that the penalty is at least as great as the
economic | benefits, if any, accrued by the respondent as a result of the
| violation, unless the Board finds that imposition of such | penalty would result
in an arbitrary or unreasonable financial | hardship. However, such civil
penalty
may be off-set in whole | or in part pursuant to a supplemental
environmental project | agreed to by the complainant and the respondent. | (i) A person who voluntarily self-discloses non-compliance | to the Agency,
of which the Agency had been unaware, is | entitled to a 100% reduction in the
portion of the penalty that | is not based on the economic benefit of
non-compliance if the | person can
establish the following: | (1) that the non-compliance was discovered through an | environmental
audit or a compliance management system | documented by the regulated entity as
reflecting the | regulated entity's due diligence in preventing, detecting, | and
correcting violations; | (2) that the non-compliance was disclosed in writing | within 30 days of
the date on which the person discovered | it; | (3) that the non-compliance was discovered and | disclosed prior to: | (i) the commencement of an Agency inspection, | investigation, or request
for information; | (ii) notice of a citizen suit; | (iii) the filing of a complaint by a citizen, the |
| Illinois Attorney
General, or the State's Attorney of | the county in which the violation occurred; | (iv) the reporting of the non-compliance by an | employee of the person
without that person's | knowledge; or | (v) imminent discovery of the non-compliance by | the Agency; | (4) that the non-compliance is being corrected and any | environmental
harm is being remediated in a timely fashion; | (5) that the person agrees to prevent a recurrence of | the non-compliance; | (6) that no related non-compliance events have | occurred in the
past 3 years at the same facility or in the | past 5 years as part of a
pattern at multiple facilities | owned or operated by the person; | (7) that the non-compliance did not result in serious | actual
harm or present an imminent and substantial | endangerment to human
health or the environment or violate | the specific terms of any judicial or
administrative order | or consent agreement; | (8) that the person cooperates as reasonably requested | by the Agency
after the disclosure; and | (9) that the non-compliance was identified voluntarily | and not through a
monitoring, sampling, or auditing | procedure that is required by statute, rule,
permit, | judicial or administrative order, or consent agreement. |
| If a person can establish all of the elements under this | subsection except
the element set forth in paragraph (1) of | this subsection, the person is
entitled to a 75% reduction in | the portion of the penalty that is not based
upon the economic | benefit of non-compliance. | (j) In addition to any an other remedy or penalty that may
| apply, whether civil or criminal, any person who violates | Section 22.52 of this Act shall be liable for an additional | civil penalty of up to 3 times the gross amount of any | pecuniary gain resulting from the violation.
| (k) In addition to any other remedy or penalty that may | apply, whether civil or criminal, any person who violates | subdivision (a)(7.6) of Section 31 of this Act shall be liable | for an additional civil penalty of $2,000. | (Source: P.A. 95-331, eff. 8-21-07; 96-603, eff. 8-24-09; | 96-737, eff. 8-25-09; 96-1000, eff. 7-2-10; 96-1416, eff. | 7-30-10.)
| Section 99. Effective date. This Act takes effect upon | becoming law.
|
Effective Date: 8/23/2011
|