Public Act 099-0934
 
SB2950 EnrolledLRB099 18493 MGM 42872 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 5, 29, 41, and 42 as follows:
 



    (415 ILCS 5/5)  (from Ch. 111 1/2, par. 1005)



    Sec. 5. Pollution Control Board. 

    (a) There is hereby created an independent board to be 
known as the
Pollution Control Board.

    Until July 1, 2003 or when all of the new members to be 
initially
appointed under this amendatory Act of the 93rd 
General Assembly have been
appointed by the Governor, whichever 
occurs later,
the Board shall consist of 7 technically 
qualified members,
no more than 4 of whom may be of the same 
political party, to be appointed
by the Governor with the 
advice and consent of the Senate.

    The term of each appointed member of the Board
who is in 
office on June 30, 2003 shall terminate at the close of 
business
on that date or when all of the new members to be 
initially appointed under
this amendatory Act of the 93rd 
General Assembly have been appointed by the
Governor, whichever 
occurs later.

    On and after August 11, 2003 (the effective date of Public 
Act 93-509), the Beginning on July 1, 2003 or when all of the 
new members to be initially
appointed under this amendatory Act 
of the 93rd General Assembly have been
appointed by the 
Governor, whichever occurs later, the Board shall consist
of 5 
technically qualified members, no more than 3 of whom may be of 
the same
political party, to be appointed by the Governor with 
the advice and consent
of the Senate.  Members shall have 
verifiable technical, academic, or actual
experience in the 
field of pollution control or environmental law and
regulation.

    One member Of the members initially appointed pursuant to 
this amendatory Act of the
93rd General Assembly, one shall be 
appointed for a term ending July 1, 2004,
2 shall be appointed 
for terms ending July 1, 2005, and 2 shall be appointed
for 
terms ending July 1, 2006.  Thereafter, all members shall hold 
office for
3 years from the first day of July in the year in 
which they were appointed,
except in case of an appointment to 
fill a vacancy.  In case of a vacancy in
the office when the 
Senate is not in session, the Governor may make a temporary

appointment until the next meeting of the Senate, when he or 
she shall
nominate some person to fill such office; and any 
person so nominated, who is
confirmed by the Senate, shall hold 
the office during the remainder of the
term.

    Members of the Board shall hold office until their 
respective successors
have been appointed and qualified.  Any 
member may resign from office, such
resignation to take effect 
when a successor has been appointed and has
qualified.

    Board members shall be paid $37,000 per year or an amount 
set by the
Compensation Review Board, whichever is greater, and 
the Chairman shall
be paid $43,000 per year or an amount set by 
the Compensation Review Board,
whichever is greater.  Each 
member shall devote his or her entire time to the
duties of the 
office, and shall hold no other office or position of profit, 
nor
engage in any other business, employment, or vocation.  Each 
member shall be
reimbursed for expenses necessarily incurred 
and shall make a financial disclosure upon
appointment.

    The Each Board member may employ one secretary and one 
assistant for each member , and 2 assistants for the
Chairman 
one secretary and 2 assistants.  The Board also may employ and

compensate hearing officers to preside at hearings under this 
Act, and such
other personnel as may be necessary.  Hearing 
officers shall be attorneys
licensed to practice law in 
Illinois.

    The Board may have an Executive Director; if so, the 
Executive Director
shall be appointed by the Governor with the 
advice and consent of the Senate.
The salary and duties of the 
Executive Director shall be fixed by the Board.

    The Governor shall designate one Board member to be 
Chairman, who
shall serve at the pleasure of the Governor.

    The Board shall hold at least one meeting each month and 
such
additional meetings as may be prescribed by Board rules.  
In addition,
special meetings may be called by the Chairman or 
by any 2 Board
members, upon delivery of 48 24 hours written 
notice to the office of each
member.  All Board meetings shall 
be open to the public, and public
notice of all meetings shall 
be given at least 48 24 hours in
advance of each meeting.  In 
emergency situations in which a majority of
the Board certifies 
that exigencies of time require the requirements of
public 
notice and of 24 hour written notice to members may be

dispensed with, and Board members shall receive such notice as 
is
reasonable under the circumstances.

    Three If there is no vacancy on the Board, 4 members of the 
Board shall
constitute a quorum to transact business; and the 
affirmative vote of 3 members is necessary to adopt any order 
otherwise, a majority of the
Board shall constitute a quorum to 
transact business, and no vacancy
shall impair the right of the 
remaining members to exercise all of the
powers of the Board.  
Every action approved by a majority of the members
of the Board 
shall be deemed to be the action of the Board.  The Board shall 
keep a complete and accurate record of all its
meetings.

    (b) The Board shall determine, define and implement the

environmental control standards applicable in the State of 
Illinois and
may adopt rules and regulations in accordance with 
Title VII of this Act.

    (c) The Board shall have authority to act for the State in 
regard to
the adoption of standards for submission to the 
United States under any
federal law respecting environmental 
protection.  Such standards shall be
adopted in accordance with 
Title VII of the Act and upon adoption shall
be forwarded to 
the Environmental Protection Agency for submission to
the 
United States pursuant to subsections (l) and (m) of Section 4 
of this
Act.  Nothing in this paragraph shall limit the 
discretion of the Governor to
delegate authority granted to the 
Governor under any federal law.

    (d) The Board shall have authority to conduct proceedings

upon complaints charging 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; upon
administrative 
citations; upon petitions for variances or adjusted standards;

upon petitions for review of the Agency's final determinations 
on permit
applications in accordance with Title X of this Act; 
upon petitions to remove
seals under Section 34 of this Act; 
and upon other petitions for review of
final determinations 
which are made pursuant to this Act or Board rule and
which 
involve a subject which the Board is authorized to regulate.  
The Board
may also conduct other proceedings as may be provided 
by this Act or any other
statute or rule.

    (e) In connection with any proceeding pursuant to

subsection (b) or (d) of this Section, the Board may
subpoena 
and compel the attendance of witnesses and the production of 
evidence
reasonably necessary to resolution of the matter under 
consideration.  The
Board shall issue such subpoenas upon the 
request of any party to a proceeding
under subsection (d) of 
this Section or upon its own motion.

    (f) The Board may prescribe reasonable fees for permits 
required
pursuant to this Act.  Such fees in the aggregate may 
not exceed the total
cost to the Agency for its inspection and 
permit systems.  The Board may not
prescribe any permit fees 
which are different in amount from those established
by this 
Act.

(Source: P.A. 95-331, eff. 8-21-07.)

 



    (415 ILCS 5/29)  (from Ch. 111 1/2, par. 1029)



    Sec. 29. 
(a) Any person adversely affected or threatened by 
any rule
or regulation of the Board may obtain a determination 
of the validity or
application of such rule or regulation by 
petition for review under subsection (a) of Section
41 of this 
Act for judicial review of the Board's final order adopting the 
rule or regulation. For purposes of the 35-day appeal period of 
subsection (a) of Section 41, a person is deemed to have been 
served with the Board's final order on the date on which the 
rule or regulation becomes effective pursuant to the Illinois 
Administrative Procedure Act. 

    (b) Action by the Board in adopting any regulation for 
which judicial
review could have been obtained under Section 41 
of this Act shall not be
subject to review regarding the 
regulation's validity or application in any
subsequent 
proceeding under Title VIII, Title IX or Section 40 of this 
Act.

(Source: P.A. 85-1048.)

 


    (415 ILCS 5/41)  (from Ch. 111 1/2, par. 1041)




    Sec. 41. Judicial review. 

    (a) Any party to a Board hearing, any person who filed a 
complaint on which
a hearing was denied, any person who has 
been denied a variance or permit under
this Act, any party 
adversely affected by a final order or determination of the

Board, and any person who participated in the public comment 
process under
subsection (8) of Section 39.5 of this Act may 
obtain judicial review, by
filing a petition for review within 
35 days from the date that a copy of the
order or other final 
action sought to be reviewed was served upon the party
affected 
by the order or other final Board action complained of, under 
the
provisions of the Administrative Review Law, as amended and 
the rules adopted
pursuant thereto, except that review shall be 
afforded directly in the
Appellate Court for the District in 
which the cause of action arose and not in
the Circuit Court. 
For purposes of this subsection (a), the date of service of the 
Board's final order is the date on which the party received a 
copy of the order from the Board. Review of any rule or 
regulation promulgated by the Board
shall not be limited by 
this section but may also be had as provided in Section
29 of 
this Act.

    (b) Any final order of the Board under this Act shall be 
based solely
on the evidence in the record of the particular 
proceeding involved, and
any such final order for permit 
appeals, enforcement actions and variance
proceedings, shall 
be invalid if it is against the manifest weight of the

evidence.  Notwithstanding this subsection, the Board may 
include such
conditions in granting a variance and may adopt 
such rules and regulations
as the policies of this Act may 
require.  If an objection is made to a
variance condition, the 
board shall reconsider the condition within not
more than 75 
days from the date of the objection.

    (c) No challenge to the validity of a Board order shall be 
made in any
enforcement proceeding under Title XII of this Act 
as to any issue that
could have been raised in a timely 
petition for review under this Section.

    (d) If there is no final action by the Board within 120 
days on a request
for a variance which is subject to subsection 
(c) of Section 38 or a permit
appeal which is subject to 
paragraph (a) (3) of Section 40 or paragraph
(d) of Section 
40.2 or Section 40.3, the petitioner shall be entitled to an 
Appellate Court
order under this subsection. If a hearing is 
required under this Act and was
not held by the Board, the 
Appellate Court shall order the Board to conduct
such a 
hearing, and to make a decision within 90 days from the date of 
the
order.  If a hearing was held by the Board, or if a hearing 
is not required
under this Act and was not held by the Board, 
the Appellate Court shall order
the Board to make a decision 
within 90 days from the date of the order.

    The Appellate Court shall retain jurisdiction during the 
pendency of any
further action conducted by the Board under an 
order by the Appellate Court.
The Appellate Court shall have 
jurisdiction to review all issues of law and
fact presented 
upon appeal.

(Source: P.A. 99-463, eff. 1-1-16.)

 
    (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.
        (7) Any person who violates Section 52.5 of this Act 
    shall be liable for a civil penalty of up to $1,000 for the 
    first violation of that Section and a civil penalty of up 
    to $2,500 for a second or subsequent violation of that 
    Section. 
    (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), (b)(6), or (b)(7) 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;
        (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), (6), 
or (7) 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 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. 97-519, eff. 8-23-11; 98-638, eff. 1-1-15.)
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law. 
  


Effective Date:  1/27/2017