Public Act 93-0575
SB1379 Enrolled LRB093 10331 EFG 10585 b
AN ACT in relation to environmental protection.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Procurement Code is amended by
adding Section 50-12 as follows:
(30 ILCS 500/50-12 new)
Sec. 50-12. Environmental Protection Act violations.
(a) Unless otherwise provided, no person or business
found by a court or the Pollution Control Board to have
committed a willful or knowing violation of Section 42 of the
Environmental Protection Act shall do business with the State
of Illinois or any State agency from the date of the order
containing the finding of violation until 5 years after that
date, unless the person or business can show that no person
involved in the violation continues to have any involvement
with the business.
(b) A person or business otherwise barred from doing
business with the State of Illinois or any State agency under
subsection (a) may be allowed to do business with the State
of Illinois or any State agency if it is shown that there is
no practicable alternative to the State to contracting with
that person or business.
(c) Every bid submitted to and contract executed by the
State shall contain a certification by the bidder or
contractor that the bidder or contractor is not barred from
being awarded a contract under this Section and that the
contractor acknowledges that the contracting State agency may
declare the contract void if the certification completed
pursuant to this subsection (c) is false.
Section 10. The Environmental Protection Act is amended
by changing Sections 39 and 42 as follows:
(415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
Sec. 39. Issuance of permits; procedures.
(a) When the Board has by regulation required a permit
for the construction, installation, or operation of any type
of facility, equipment, vehicle, vessel, or aircraft, the
applicant shall apply to the Agency for such permit and it
shall be the duty of the Agency to issue such a permit upon
proof by the applicant that the facility, equipment, vehicle,
vessel, or aircraft will not cause a violation of this Act or
of regulations hereunder. The Agency shall adopt such
procedures as are necessary to carry out its duties under
this Section. In making its determinations on permit
applications under this Section granting permits the Agency
may consider prior adjudications of noncompliance with this
Act by the applicant that involved a release of a contaminant
into the environment. In granting permits, the Agency may
impose reasonable conditions specifically related to the
applicant's past compliance history with this Act as
necessary to correct, detect, or prevent noncompliance. The
Agency may impose such other conditions as may be necessary
to accomplish the purposes of this Act, and as are not
inconsistent with the regulations promulgated by the Board
hereunder. Except as otherwise provided in this Act, a bond
or other security shall not be required as a condition for
the issuance of a permit. If the Agency denies any permit
under this Section, the Agency shall transmit to the
applicant within the time limitations of this Section
specific, detailed statements as to the reasons the permit
application was denied. Such statements shall include, but
not be limited to the following:
(i) the Sections of this Act which may be violated
if the permit were granted;
(ii) the provision of the regulations, promulgated
under this Act, which may be violated if the permit were
granted;
(iii) the specific type of information, if any,
which the Agency deems the applicant did not provide the
Agency; and
(iv) a statement of specific reasons why the Act
and the regulations might not be met if the permit were
granted.
If there is no final action by the Agency within 90 days
after the filing of the application for permit, the applicant
may deem the permit issued; except that this time period
shall be extended to 180 days when (1) notice and opportunity
for public hearing are required by State or federal law or
regulation, (2) the application which was filed is for any
permit to develop a landfill subject to issuance pursuant to
this subsection, or (3) the application that was filed is for
a MSWLF unit required to issue public notice under subsection
(p) of Section 39. The 90-day and 180-day time periods for
the Agency to take final action do not apply to NPDES permit
applications under subsection (b) of this Section, to RCRA
permit applications under subsection (d) of this Section, or
to UIC permit applications under subsection (e) of this
Section.
The Agency shall publish notice of all final permit
determinations for development permits for MSWLF units and
for significant permit modifications for lateral expansions
for existing MSWLF units one time in a newspaper of general
circulation in the county in which the unit is or is proposed
to be located.
After January 1, 1994 and until July 1, 1998, operating
permits issued under this Section by the Agency for sources
of air pollution permitted to emit less than 25 tons per year
of any combination of regulated air pollutants, as defined in
Section 39.5 of this Act, shall be required to be renewed
only upon written request by the Agency consistent with
applicable provisions of this Act and regulations promulgated
hereunder. Such operating permits shall expire 180 days
after the date of such a request. The Board shall revise its
regulations for the existing State air pollution operating
permit program consistent with this provision by January 1,
1994.
After June 30, 1998, operating permits issued under this
Section by the Agency for sources of air pollution that are
not subject to Section 39.5 of this Act and are not required
to have a federally enforceable State operating permit shall
be required to be renewed only upon written request by the
Agency consistent with applicable provisions of this Act and
its rules. Such operating permits shall expire 180 days
after the date of such a request. Before July 1, 1998, the
Board shall revise its rules for the existing State air
pollution operating permit program consistent with this
paragraph and shall adopt rules that require a source to
demonstrate that it qualifies for a permit under this
paragraph.
(b) The Agency may issue NPDES permits exclusively under
this subsection for the discharge of contaminants from point
sources into navigable waters, all as defined in the Federal
Water Pollution Control Act, as now or hereafter amended,
within the jurisdiction of the State, or into any well.
All NPDES permits shall contain those terms and
conditions, including but not limited to schedules of
compliance, which may be required to accomplish the purposes
and provisions of this Act.
The Agency may issue general NPDES permits for discharges
from categories of point sources which are subject to the
same permit limitations and conditions. Such general permits
may be issued without individual applications and shall
conform to regulations promulgated under Section 402 of the
Federal Water Pollution Control Act, as now or hereafter
amended.
The Agency may include, among such conditions, effluent
limitations and other requirements established under this
Act, Board regulations, the Federal Water Pollution Control
Act, as now or hereafter amended, and regulations pursuant
thereto, and schedules for achieving compliance therewith at
the earliest reasonable date.
The Agency shall adopt filing requirements and procedures
which are necessary and appropriate for the issuance of NPDES
permits, and which are consistent with the Act or regulations
adopted by the Board, and with the Federal Water Pollution
Control Act, as now or hereafter amended, and regulations
pursuant thereto.
The Agency, subject to any conditions which may be
prescribed by Board regulations, may issue NPDES permits to
allow discharges beyond deadlines established by this Act or
by regulations of the Board without the requirement of a
variance, subject to the Federal Water Pollution Control Act,
as now or hereafter amended, and regulations pursuant
thereto.
(c) Except for those facilities owned or operated by
sanitary districts organized under the Metropolitan Water
Reclamation District Act, no permit for the development or
construction of a new pollution control facility may be
granted by the Agency unless the applicant submits proof to
the Agency that the location of the facility has been
approved by the County Board of the county if in an
unincorporated area, or the governing body of the
municipality when in an incorporated area, in which the
facility is to be located in accordance with Section 39.2 of
this Act.
In the event that siting approval granted pursuant to
Section 39.2 has been transferred to a subsequent owner or
operator, that subsequent owner or operator may apply to the
Agency for, and the Agency may grant, a development or
construction permit for the facility for which local siting
approval was granted. Upon application to the Agency for a
development or construction permit by that subsequent owner
or operator, the permit applicant shall cause written notice
of the permit application to be served upon the appropriate
county board or governing body of the municipality that
granted siting approval for that facility and upon any party
to the siting proceeding pursuant to which siting approval
was granted. In that event, the Agency shall conduct an
evaluation of the subsequent owner or operator's prior
experience in waste management operations in the manner
conducted under subsection (i) of Section 39 of this Act.
Beginning August 20, 1993, if the pollution control
facility consists of a hazardous or solid waste disposal
facility for which the proposed site is located in an
unincorporated area of a county with a population of less
than 100,000 and includes all or a portion of a parcel of
land that was, on April 1, 1993, adjacent to a municipality
having a population of less than 5,000, then the local siting
review required under this subsection (c) in conjunction with
any permit applied for after that date shall be performed by
the governing body of that adjacent municipality rather than
the county board of the county in which the proposed site is
located; and for the purposes of that local siting review,
any references in this Act to the county board shall be
deemed to mean the governing body of that adjacent
municipality; provided, however, that the provisions of this
paragraph shall not apply to any proposed site which was, on
April 1, 1993, owned in whole or in part by another
municipality.
In the case of a pollution control facility for which a
development permit was issued before November 12, 1981, if an
operating permit has not been issued by the Agency prior to
August 31, 1989 for any portion of the facility, then the
Agency may not issue or renew any development permit nor
issue an original operating permit for any portion of such
facility unless the applicant has submitted proof to the
Agency that the location of the facility has been approved by
the appropriate county board or municipal governing body
pursuant to Section 39.2 of this Act.
After January 1, 1994, if a solid waste disposal
facility, any portion for which an operating permit has been
issued by the Agency, has not accepted waste disposal for 5
or more consecutive calendars years, before that facility may
accept any new or additional waste for disposal, the owner
and operator must obtain a new operating permit under this
Act for that facility unless the owner and operator have
applied to the Agency for a permit authorizing the temporary
suspension of waste acceptance. The Agency may not issue a
new operation permit under this Act for the facility unless
the applicant has submitted proof to the Agency that the
location of the facility has been approved or re-approved by
the appropriate county board or municipal governing body
under Section 39.2 of this Act after the facility ceased
accepting waste.
Except for those facilities owned or operated by sanitary
districts organized under the Metropolitan Water Reclamation
District Act, and except for new pollution control facilities
governed by Section 39.2, and except for fossil fuel mining
facilities, the granting of a permit under this Act shall not
relieve the applicant from meeting and securing all necessary
zoning approvals from the unit of government having zoning
jurisdiction over the proposed facility.
Before beginning construction on any new sewage treatment
plant or sludge drying site to be owned or operated by a
sanitary district organized under the Metropolitan Water
Reclamation District Act for which a new permit (rather than
the renewal or amendment of an existing permit) is required,
such sanitary district shall hold a public hearing within the
municipality within which the proposed facility is to be
located, or within the nearest community if the proposed
facility is to be located within an unincorporated area, at
which information concerning the proposed facility shall be
made available to the public, and members of the public shall
be given the opportunity to express their views concerning
the proposed facility.
The Agency may issue a permit for a municipal waste
transfer station without requiring approval pursuant to
Section 39.2 provided that the following demonstration is
made:
(1) the municipal waste transfer station was in
existence on or before January 1, 1979 and was in
continuous operation from January 1, 1979 to January 1,
1993;
(2) the operator submitted a permit application to
the Agency to develop and operate the municipal waste
transfer station during April of 1994;
(3) the operator can demonstrate that the county
board of the county, if the municipal waste transfer
station is in an unincorporated area, or the governing
body of the municipality, if the station is in an
incorporated area, does not object to resumption of the
operation of the station; and
(4) the site has local zoning approval.
(d) The Agency may issue RCRA permits exclusively under
this subsection to persons owning or operating a facility for
the treatment, storage, or disposal of hazardous waste as
defined under this Act.
All RCRA permits shall contain those terms and
conditions, including but not limited to schedules of
compliance, which may be required to accomplish the purposes
and provisions of this Act. The Agency may include among
such conditions standards and other requirements established
under this Act, Board regulations, the Resource Conservation
and Recovery Act of 1976 (P.L. 94-580), as amended, and
regulations pursuant thereto, and may include schedules for
achieving compliance therewith as soon as possible. The
Agency shall require that a performance bond or other
security be provided as a condition for the issuance of a
RCRA permit.
In the case of a permit to operate a hazardous waste or
PCB incinerator as defined in subsection (k) of Section 44,
the Agency shall require, as a condition of the permit, that
the operator of the facility perform such analyses of the
waste to be incinerated as may be necessary and appropriate
to ensure the safe operation of the incinerator.
The Agency shall adopt filing requirements and procedures
which are necessary and appropriate for the issuance of RCRA
permits, and which are consistent with the Act or regulations
adopted by the Board, and with the Resource Conservation and
Recovery Act of 1976 (P.L. 94-580), as amended, and
regulations pursuant thereto.
The applicant shall make available to the public for
inspection all documents submitted by the applicant to the
Agency in furtherance of an application, with the exception
of trade secrets, at the office of the county board or
governing body of the municipality. Such documents may be
copied upon payment of the actual cost of reproduction during
regular business hours of the local office. The Agency shall
issue a written statement concurrent with its grant or denial
of the permit explaining the basis for its decision.
(e) The Agency may issue UIC permits exclusively under
this subsection to persons owning or operating a facility for
the underground injection of contaminants as defined under
this Act.
All UIC permits shall contain those terms and conditions,
including but not limited to schedules of compliance, which
may be required to accomplish the purposes and provisions of
this Act. The Agency may include among such conditions
standards and other requirements established under this Act,
Board regulations, the Safe Drinking Water Act (P.L. 93-523),
as amended, and regulations pursuant thereto, and may include
schedules for achieving compliance therewith. The Agency
shall require that a performance bond or other security be
provided as a condition for the issuance of a UIC permit.
The Agency shall adopt filing requirements and procedures
which are necessary and appropriate for the issuance of UIC
permits, and which are consistent with the Act or regulations
adopted by the Board, and with the Safe Drinking Water Act
(P.L. 93-523), as amended, and regulations pursuant thereto.
The applicant shall make available to the public for
inspection, all documents submitted by the applicant to the
Agency in furtherance of an application, with the exception
of trade secrets, at the office of the county board or
governing body of the municipality. Such documents may be
copied upon payment of the actual cost of reproduction during
regular business hours of the local office. The Agency shall
issue a written statement concurrent with its grant or denial
of the permit explaining the basis for its decision.
(f) In making any determination pursuant to Section 9.1
of this Act:
(1) The Agency shall have authority to make the
determination of any question required to be determined
by the Clean Air Act, as now or hereafter amended, this
Act, or the regulations of the Board, including the
determination of the Lowest Achievable Emission Rate,
Maximum Achievable Control Technology, or Best Available
Control Technology, consistent with the Board's
regulations, if any.
(2) The Agency shall, after conferring with the
applicant, give written notice to the applicant of its
proposed decision on the application including the terms
and conditions of the permit to be issued and the facts,
conduct or other basis upon which the Agency will rely to
support its proposed action.
(3) Following such notice, the Agency shall give
the applicant an opportunity for a hearing in accordance
with the provisions of Sections 10-25 through 10-60 of
the Illinois Administrative Procedure Act.
(g) The Agency shall include as conditions upon all
permits issued for hazardous waste disposal sites such
restrictions upon the future use of such sites as are
reasonably necessary to protect public health and the
environment, including permanent prohibition of the use of
such sites for purposes which may create an unreasonable risk
of injury to human health or to the environment. After
administrative and judicial challenges to such restrictions
have been exhausted, the Agency shall file such restrictions
of record in the Office of the Recorder of the county in
which the hazardous waste disposal site is located.
(h) A hazardous waste stream may not be deposited in a
permitted hazardous waste site unless specific authorization
is obtained from the Agency by the generator and disposal
site owner and operator for the deposit of that specific
hazardous waste stream. The Agency may grant specific
authorization for disposal of hazardous waste streams only
after the generator has reasonably demonstrated that,
considering technological feasibility and economic
reasonableness, the hazardous waste cannot be reasonably
recycled for reuse, nor incinerated or chemically, physically
or biologically treated so as to neutralize the hazardous
waste and render it nonhazardous. In granting authorization
under this Section, the Agency may impose such conditions as
may be necessary to accomplish the purposes of the Act and
are consistent with this Act and regulations promulgated by
the Board hereunder. If the Agency refuses to grant
authorization under this Section, the applicant may appeal as
if the Agency refused to grant a permit, pursuant to the
provisions of subsection (a) of Section 40 of this Act. For
purposes of this subsection (h), the term "generator" has the
meaning given in Section 3.205 of this Act, unless: (1) the
hazardous waste is treated, incinerated, or partially
recycled for reuse prior to disposal, in which case the last
person who treats, incinerates, or partially recycles the
hazardous waste prior to disposal is the generator; or (2)
the hazardous waste is from a response action, in which case
the person performing the response action is the generator.
This subsection (h) does not apply to any hazardous waste
that is restricted from land disposal under 35 Ill. Adm. Code
728.
(i) Before issuing any RCRA permit or any permit for a
waste storage site, sanitary landfill, waste disposal site,
waste transfer station, waste treatment facility, waste
incinerator, or any waste-transportation operation, the
Agency shall conduct an evaluation of the prospective owner's
or operator's prior experience in waste management
operations. The Agency may deny such a permit if the
prospective owner or operator or any employee or officer of
the prospective owner or operator has a history of:
(1) repeated violations of federal, State, or local
laws, regulations, standards, or ordinances in the
operation of waste management facilities or sites; or
(2) conviction in this or another State of any
crime which is a felony under the laws of this State, or
conviction of a felony in a federal court; or
(3) proof of gross carelessness or incompetence in
handling, storing, processing, transporting or disposing
of waste.
(j) The issuance under this Act of a permit to engage in
the surface mining of any resources other than fossil fuels
shall not relieve the permittee from its duty to comply with
any applicable local law regulating the commencement,
location or operation of surface mining facilities.
(k) A development permit issued under subsection (a) of
Section 39 for any facility or site which is required to have
a permit under subsection (d) of Section 21 shall expire at
the end of 2 calendar years from the date upon which it was
issued, unless within that period the applicant has taken
action to develop the facility or the site. In the event that
review of the conditions of the development permit is sought
pursuant to Section 40 or 41, or permittee is prevented from
commencing development of the facility or site by any other
litigation beyond the permittee's control, such two-year
period shall be deemed to begin on the date upon which such
review process or litigation is concluded.
(l) No permit shall be issued by the Agency under this
Act for construction or operation of any facility or site
located within the boundaries of any setback zone established
pursuant to this Act, where such construction or operation is
prohibited.
(m) The Agency may issue permits to persons owning or
operating a facility for composting landscape waste. In
granting such permits, the Agency may impose such conditions
as may be necessary to accomplish the purposes of this Act,
and as are not inconsistent with applicable regulations
promulgated by the Board. Except as otherwise provided in
this Act, a bond or other security shall not be required as a
condition for the issuance of a permit. If the Agency denies
any permit pursuant to this subsection, the Agency shall
transmit to the applicant within the time limitations of this
subsection specific, detailed statements as to the reasons
the permit application was denied. Such statements shall
include but not be limited to the following:
(1) the Sections of this Act that may be violated
if the permit were granted;
(2) the specific regulations promulgated pursuant
to this Act that may be violated if the permit were
granted;
(3) the specific information, if any, the Agency
deems the applicant did not provide in its application to
the Agency; and
(4) a statement of specific reasons why the Act and
the regulations might be violated if the permit were
granted.
If no final action is taken by the Agency within 90 days
after the filing of the application for permit, the applicant
may deem the permit issued. Any applicant for a permit may
waive the 90 day limitation by filing a written statement
with the Agency.
The Agency shall issue permits for such facilities upon
receipt of an application that includes a legal description
of the site, a topographic map of the site drawn to the scale
of 200 feet to the inch or larger, a description of the
operation, including the area served, an estimate of the
volume of materials to be processed, and documentation that:
(1) the facility includes a setback of at least 200
feet from the nearest potable water supply well;
(2) the facility is located outside the boundary of
the 10-year floodplain or the site will be floodproofed;
(3) the facility is located so as to minimize
incompatibility with the character of the surrounding
area, including at least a 200 foot setback from any
residence, and in the case of a facility that is
developed or the permitted composting area of which is
expanded after November 17, 1991, the composting area is
located at least 1/8 mile from the nearest residence
(other than a residence located on the same property as
the facility);
(4) the design of the facility will prevent any
compost material from being placed within 5 feet of the
water table, will adequately control runoff from the
site, and will collect and manage any leachate that is
generated on the site;
(5) the operation of the facility will include
appropriate dust and odor control measures, limitations
on operating hours, appropriate noise control measures
for shredding, chipping and similar equipment, management
procedures for composting, containment and disposal of
non-compostable wastes, procedures to be used for
terminating operations at the site, and recordkeeping
sufficient to document the amount of materials received,
composted and otherwise disposed of; and
(6) the operation will be conducted in accordance
with any applicable rules adopted by the Board.
The Agency shall issue renewable permits of not longer
than 10 years in duration for the composting of landscape
wastes, as defined in Section 3.155 of this Act, based on the
above requirements.
The operator of any facility permitted under this
subsection (m) must submit a written annual statement to the
Agency on or before April 1 of each year that includes an
estimate of the amount of material, in tons, received for
composting.
(n) The Agency shall issue permits jointly with the
Department of Transportation for the dredging or deposit of
material in Lake Michigan in accordance with Section 18 of
the Rivers, Lakes, and Streams Act.
(o) (Blank.)
(p) (1) Any person submitting an application for a
permit for a new MSWLF unit or for a lateral expansion under
subsection (t) of Section 21 of this Act for an existing
MSWLF unit that has not received and is not subject to local
siting approval under Section 39.2 of this Act shall publish
notice of the application in a newspaper of general
circulation in the county in which the MSWLF unit is or is
proposed to be located. The notice must be published at
least 15 days before submission of the permit application to
the Agency. The notice shall state the name and address of
the applicant, the location of the MSWLF unit or proposed
MSWLF unit, the nature and size of the MSWLF unit or proposed
MSWLF unit, the nature of the activity proposed, the probable
life of the proposed activity, the date the permit
application will be submitted, and a statement that persons
may file written comments with the Agency concerning the
permit application within 30 days after the filing of the
permit application unless the time period to submit comments
is extended by the Agency.
When a permit applicant submits information to the Agency
to supplement a permit application being reviewed by the
Agency, the applicant shall not be required to reissue the
notice under this subsection.
(2) The Agency shall accept written comments concerning
the permit application that are postmarked no later than 30
days after the filing of the permit application, unless the
time period to accept comments is extended by the Agency.
(3) Each applicant for a permit described in part (1) of
this subsection shall file a copy of the permit application
with the county board or governing body of the municipality
in which the MSWLF unit is or is proposed to be located at
the same time the application is submitted to the Agency.
The permit application filed with the county board or
governing body of the municipality shall include all
documents submitted to or to be submitted to the Agency,
except trade secrets as determined under Section 7.1 of this
Act. The permit application and other documents on file with
the county board or governing body of the municipality shall
be made available for public inspection during regular
business hours at the office of the county board or the
governing body of the municipality and may be copied upon
payment of the actual cost of reproduction.
(Source: P.A. 92-574, eff. 6-26-02.)
(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 determination or order of the Board
pursuant to this Act, shall be liable to 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 of
this Act shall pay a civil penalty of $1,500 for a first
offense and $3,000 for a second or subsequent offense,
plus any hearing costs incurred by the Board and the
Agency. 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.
(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, or an order or
other determination of the Board under this Act 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 to restrain violations of this Act.
(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 the Act.
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 violator 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
violator 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 violator
and to otherwise aid in enhancing voluntary compliance
with this Act by the respondent violator and other
persons similarly subject to the Act; and
(5) the number, proximity in time, and gravity of
previously adjudicated violations of this Act by the
respondent; violator.
(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.
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, as defined in Section 52.2 of
this Act, and the person waives the environmental audit
privileges as provided in that Section with respect to
that non-compliance;
(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.
(Source: P.A. 90-773, eff. 8-14-98; 91-82, eff. 1-1-00.)