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| Public Act 093-0831 |
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AN ACT concerning environmental protection.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Environmental Protection Act is amended by | ||||
changing Section 42 as follows:
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(415 ILCS 5/42) (from Ch. 111 1/2, par. 1042)
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Sec. 42. Civil penalties.
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(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
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$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.
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(b) Notwithstanding the provisions of subsection (a) of | ||||
this Section:
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(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.
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(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
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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.
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(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.
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(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
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government issued the administrative citation, 50% of the | ||
civil penalty shall
be payable to the unit of local | ||
government.
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(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 each violation
of
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each such provision, plus any hearing costs incurred by the | ||
Board and the
Agency, except that the civil penalty amount | ||
shall be
be a $3,000 for
each violation of any provision of | ||
subsection (p) of Section 21 that is the
person's second
a | ||
second or subsequent adjudication violation of that
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provision. The penalties shall be deposited into the
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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.
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(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.
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(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
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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.
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(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.
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(d) The penalties provided for in this Section may be | ||
recovered in a
civil action.
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(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.
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(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.
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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
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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.
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Any funds collected under this subsection (f) in which the | ||
Attorney
General has prevailed shall be deposited in the
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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.
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(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.
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(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:
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(1) the duration and gravity of the violation;
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(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;
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(3) any economic benefits accrued by the respondent
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because of delay in compliance with requirements, in which | ||
case the economic
benefits shall be determined by the | ||
lowest cost alternative for achieving
compliance;
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(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;
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(5) the number, proximity in time, and gravity of | ||
previously
adjudicated violations of this Act by the | ||
respondent;
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(6) whether the respondent voluntarily self-disclosed, | ||
in accordance
with subsection (i) of this Section, the | ||
non-compliance to the Agency; and
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(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.
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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
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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.
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(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:
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(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
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non-compliance;
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(2) that the non-compliance was disclosed in writing | ||
within 30 days of
the date on which the person discovered | ||
it;
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(3) that the non-compliance was discovered and | ||
disclosed prior to:
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(i) the commencement of an Agency inspection, | ||
investigation, or request
for information;
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(ii) notice of a citizen suit;
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(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;
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(iv) the reporting of the non-compliance by an | ||
employee of the person
without that person's | ||
knowledge; or
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(v) imminent discovery of the non-compliance by | ||
the Agency;
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(4) that the non-compliance is being corrected and any | ||
environmental
harm is being remediated in a timely fashion;
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(5) that the person agrees to prevent a recurrence of | ||
the non-compliance;
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(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;
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(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;
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(8) that the person cooperates as reasonably requested | ||
by the Agency
after the disclosure; and
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(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.
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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.
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(Source: P.A. 93-152, eff. 7-10-03; 93-575, eff. 1-1-04; | ||
revised 9-11-03.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||