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| | 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB3029 Introduced 2/6/2025, by Rep. Janet Yang Rohr SYNOPSIS AS INTRODUCED: | | 415 ILCS 5/22.15 | | 415 ILCS 5/22.64 new | | 415 ILCS 5/42 | from Ch. 111 1/2, par. 1042 |
| Amends the Environmental Protection Act. Provides that a food dispensing establishment may provide single-use foodware only upon the request of a customer or at a self-service station. Specifies that food dispensing establishments shall provide options for customers to affirmatively request single-use foodware when ordering food and beverages for delivery or take-out across all ordering or point of sale platforms, including internet-enabled applications, digital platforms, phone orders, and in-person ordering. Exempts certain types of foodware and certain types of facilities from the provisions of the amendatory Act. Provides that the owner or operator of a food service establishment that violates these provisions is to be assessed a civil penalty. Directs civil penalties imposed for violations of these provisions to be deposited into the Solid Waste Management Fund for use by the Agency for the purposes of expanding and funding climate-related programs and pollution-related programs. Makes other changes. |
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| | A BILL FOR |
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1 | | AN ACT concerning safety. |
2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly: |
4 | | Section 5. The Environmental Protection Act is amended by |
5 | | adding Sections 22.15, 22.64, and 42 as follows: |
6 | | (415 ILCS 5/22.15) |
7 | | Sec. 22.15. Solid Waste Management Fund; fees. |
8 | | (a) There is hereby created within the State Treasury a |
9 | | special fund to be known as the Solid Waste Management Fund, to |
10 | | be constituted from the fees collected by the State pursuant |
11 | | to this Section, from repayments of loans made from the Fund |
12 | | for solid waste projects, from registration fees collected |
13 | | pursuant to the Consumer Electronics Recycling Act, from fees |
14 | | collected under the Paint Stewardship Act, from civil |
15 | | penalties imposed for violations of Section 22.64, and from |
16 | | amounts transferred into the Fund pursuant to Public Act |
17 | | 100-433. Moneys received by either the Agency or the |
18 | | Department of Commerce and Economic Opportunity in repayment |
19 | | of loans made pursuant to the Illinois Solid Waste Management |
20 | | Act shall be deposited into the General Revenue Fund. |
21 | | (b) The Agency shall assess and collect a fee in the amount |
22 | | set forth herein from the owner or operator of each sanitary |
23 | | landfill permitted or required to be permitted by the Agency |
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1 | | to dispose of solid waste if the sanitary landfill is located |
2 | | off the site where such waste was produced and if such sanitary |
3 | | landfill is owned, controlled, and operated by a person other |
4 | | than the generator of such waste. The Agency shall deposit all |
5 | | fees collected into the Solid Waste Management Fund. If a site |
6 | | is contiguous to one or more landfills owned or operated by the |
7 | | same person, the volumes permanently disposed of by each |
8 | | landfill shall be combined for purposes of determining the fee |
9 | | under this subsection. Beginning on July 1, 2018, and on the |
10 | | first day of each month thereafter during fiscal years 2019 |
11 | | through 2025, the State Comptroller shall direct and State |
12 | | Treasurer shall transfer an amount equal to 1/12 of $5,000,000 |
13 | | per fiscal year from the Solid Waste Management Fund to the |
14 | | General Revenue Fund. |
15 | | (1) If more than 150,000 cubic yards of non-hazardous |
16 | | solid waste is permanently disposed of at a site in a |
17 | | calendar year, the owner or operator shall either pay a |
18 | | fee of 95 cents per cubic yard or, alternatively, the |
19 | | owner or operator may weigh the quantity of the solid |
20 | | waste permanently disposed of with a device for which |
21 | | certification has been obtained under the Weights and |
22 | | Measures Act and pay a fee of $2.00 per ton of solid waste |
23 | | permanently disposed of. In no case shall the fee |
24 | | collected or paid by the owner or operator under this |
25 | | paragraph exceed $1.55 per cubic yard or $3.27 per ton. |
26 | | (2) If more than 100,000 cubic yards but not more than |
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1 | | 150,000 cubic yards of non-hazardous waste is permanently |
2 | | disposed of at a site in a calendar year, the owner or |
3 | | operator shall pay a fee of $52,630. |
4 | | (3) If more than 50,000 cubic yards but not more than |
5 | | 100,000 cubic yards of non-hazardous solid waste is |
6 | | permanently disposed of at a site in a calendar year, the |
7 | | owner or operator shall pay a fee of $23,790. |
8 | | (4) If more than 10,000 cubic yards but not more than |
9 | | 50,000 cubic yards of non-hazardous solid waste is |
10 | | permanently disposed of at a site in a calendar year, the |
11 | | owner or operator shall pay a fee of $7,260. |
12 | | (5) If not more than 10,000 cubic yards of |
13 | | non-hazardous solid waste is permanently disposed of at a |
14 | | site in a calendar year, the owner or operator shall pay a |
15 | | fee of $1050. |
16 | | (c) (Blank). |
17 | | (d) The Agency shall establish rules relating to the |
18 | | collection of the fees authorized by this Section. Such rules |
19 | | shall include, but not be limited to: |
20 | | (1) necessary records identifying the quantities of |
21 | | solid waste received or disposed; |
22 | | (2) the form and submission of reports to accompany |
23 | | the payment of fees to the Agency; |
24 | | (3) the time and manner of payment of fees to the |
25 | | Agency, which payments shall not be more often than |
26 | | quarterly; and |
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1 | | (4) procedures setting forth criteria establishing |
2 | | when an owner or operator may measure by weight or volume |
3 | | during any given quarter or other fee payment period. |
4 | | (e) Pursuant to appropriation, all monies in the Solid |
5 | | Waste Management Fund shall be used by the Agency for the |
6 | | purposes set forth in this Section and Section 22.64 and for |
7 | | the purposes set forth in the Illinois Solid Waste Management |
8 | | Act, including for the costs of fee collection and |
9 | | administration, for administration of the Paint Stewardship |
10 | | Act, and for the administration of the Consumer Electronics |
11 | | Recycling Act, the Drug Take-Back Act, and the Statewide |
12 | | Recycling Needs Assessment Act. |
13 | | (f) The Agency is authorized to enter into such agreements |
14 | | and to promulgate such rules as are necessary to carry out its |
15 | | duties under this Section and the Illinois Solid Waste |
16 | | Management Act. |
17 | | (g) On the first day of January, April, July, and October |
18 | | of each year, beginning on July 1, 1996, the State Comptroller |
19 | | and Treasurer shall transfer $500,000 from the Solid Waste |
20 | | Management Fund to the Hazardous Waste Fund. Moneys |
21 | | transferred under this subsection (g) shall be used only for |
22 | | the purposes set forth in item (1) of subsection (d) of Section |
23 | | 22.2. |
24 | | (h) The Agency is authorized to provide financial |
25 | | assistance to units of local government for the performance of |
26 | | inspecting, investigating, and enforcement activities pursuant |
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1 | | to subsection (r) of Section 4 at nonhazardous solid waste |
2 | | disposal sites. |
3 | | (i) The Agency is authorized to conduct household waste |
4 | | collection and disposal programs. |
5 | | (j) A unit of local government, as defined in the Local |
6 | | Solid Waste Disposal Act, in which a solid waste disposal |
7 | | facility is located may establish a fee, tax, or surcharge |
8 | | with regard to the permanent disposal of solid waste. All |
9 | | fees, taxes, and surcharges collected under this subsection |
10 | | shall be utilized for solid waste management purposes, |
11 | | including long-term monitoring and maintenance of landfills, |
12 | | planning, implementation, inspection, enforcement and other |
13 | | activities consistent with the Illinois Solid Waste Management |
14 | | Act and the Local Solid Waste Disposal Act, or for any other |
15 | | environment-related purpose, including, but not limited to, an |
16 | | environment-related public works project, but not for the |
17 | | construction of a new pollution control facility other than a |
18 | | household hazardous waste facility. However, the total fee, |
19 | | tax or surcharge imposed by all units of local government |
20 | | under this subsection (j) upon the solid waste disposal |
21 | | facility shall not exceed: |
22 | | (1) 60¢ per cubic yard if more than 150,000 cubic |
23 | | yards of non-hazardous solid waste is permanently disposed |
24 | | of at the site in a calendar year, unless the owner or |
25 | | operator weighs the quantity of the solid waste received |
26 | | with a device for which certification has been obtained |
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1 | | under the Weights and Measures Act, in which case the fee |
2 | | shall not exceed $1.27 per ton of solid waste permanently |
3 | | disposed of. |
4 | | (2) $33,350 if more than 100,000 cubic yards, but not |
5 | | more than 150,000 cubic yards, of non-hazardous waste is |
6 | | permanently disposed of at the site in a calendar year. |
7 | | (3) $15,500 if more than 50,000 cubic yards, but not |
8 | | more than 100,000 cubic yards, of non-hazardous solid |
9 | | waste is permanently disposed of at the site in a calendar |
10 | | year. |
11 | | (4) $4,650 if more than 10,000 cubic yards, but not |
12 | | more than 50,000 cubic yards, of non-hazardous solid waste |
13 | | is permanently disposed of at the site in a calendar year. |
14 | | (5) $650 if not more than 10,000 cubic yards of |
15 | | non-hazardous solid waste is permanently disposed of at |
16 | | the site in a calendar year. |
17 | | The corporate authorities of the unit of local government |
18 | | may use proceeds from the fee, tax, or surcharge to reimburse a |
19 | | highway commissioner whose road district lies wholly or |
20 | | partially within the corporate limits of the unit of local |
21 | | government for expenses incurred in the removal of |
22 | | nonhazardous, nonfluid municipal waste that has been dumped on |
23 | | public property in violation of a State law or local |
24 | | ordinance. |
25 | | For the disposal of solid waste from general construction |
26 | | or demolition debris recovery facilities as defined in |
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1 | | subsection (a-1) of Section 3.160, the total fee, tax, or |
2 | | surcharge imposed by all units of local government under this |
3 | | subsection (j) upon the solid waste disposal facility shall |
4 | | not exceed 50% of the applicable amount set forth above. A unit |
5 | | of local government, as defined in the Local Solid Waste |
6 | | Disposal Act, in which a general construction or demolition |
7 | | debris recovery facility is located may establish a fee, tax, |
8 | | or surcharge on the general construction or demolition debris |
9 | | recovery facility with regard to the permanent disposal of |
10 | | solid waste by the general construction or demolition debris |
11 | | recovery facility at a solid waste disposal facility, provided |
12 | | that such fee, tax, or surcharge shall not exceed 50% of the |
13 | | applicable amount set forth above, based on the total amount |
14 | | of solid waste transported from the general construction or |
15 | | demolition debris recovery facility for disposal at solid |
16 | | waste disposal facilities, and the unit of local government |
17 | | and fee shall be subject to all other requirements of this |
18 | | subsection (j). |
19 | | A county or Municipal Joint Action Agency that imposes a |
20 | | fee, tax, or surcharge under this subsection may use the |
21 | | proceeds thereof to reimburse a municipality that lies wholly |
22 | | or partially within its boundaries for expenses incurred in |
23 | | the removal of nonhazardous, nonfluid municipal waste that has |
24 | | been dumped on public property in violation of a State law or |
25 | | local ordinance. |
26 | | If the fees are to be used to conduct a local sanitary |
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1 | | landfill inspection or enforcement program, the unit of local |
2 | | government must enter into a written delegation agreement with |
3 | | the Agency pursuant to subsection (r) of Section 4. The unit of |
4 | | local government and the Agency shall enter into such a |
5 | | written delegation agreement within 60 days after the |
6 | | establishment of such fees. At least annually, the Agency |
7 | | shall conduct an audit of the expenditures made by units of |
8 | | local government from the funds granted by the Agency to the |
9 | | units of local government for purposes of local sanitary |
10 | | landfill inspection and enforcement programs, to ensure that |
11 | | the funds have been expended for the prescribed purposes under |
12 | | the grant. |
13 | | The fees, taxes or surcharges collected under this |
14 | | subsection (j) shall be placed by the unit of local government |
15 | | in a separate fund, and the interest received on the moneys in |
16 | | the fund shall be credited to the fund. The monies in the fund |
17 | | may be accumulated over a period of years to be expended in |
18 | | accordance with this subsection. |
19 | | A unit of local government, as defined in the Local Solid |
20 | | Waste Disposal Act, shall prepare and post on its website, in |
21 | | April of each year, a report that details spending plans for |
22 | | monies collected in accordance with this subsection. The |
23 | | report will at a minimum include the following: |
24 | | (1) The total monies collected pursuant to this |
25 | | subsection. |
26 | | (2) The most current balance of monies collected |
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1 | | pursuant to this subsection. |
2 | | (3) An itemized accounting of all monies expended for |
3 | | the previous year pursuant to this subsection. |
4 | | (4) An estimation of monies to be collected for the |
5 | | following 3 years pursuant to this subsection. |
6 | | (5) A narrative detailing the general direction and |
7 | | scope of future expenditures for one, 2 and 3 years. |
8 | | The exemptions granted under Sections 22.16 and 22.16a, |
9 | | and under subsection (k) of this Section, shall be applicable |
10 | | to any fee, tax or surcharge imposed under this subsection |
11 | | (j); except that the fee, tax or surcharge authorized to be |
12 | | imposed under this subsection (j) may be made applicable by a |
13 | | unit of local government to the permanent disposal of solid |
14 | | waste after December 31, 1986, under any contract lawfully |
15 | | executed before June 1, 1986 under which more than 150,000 |
16 | | cubic yards (or 50,000 tons) of solid waste is to be |
17 | | permanently disposed of, even though the waste is exempt from |
18 | | the fee imposed by the State under subsection (b) of this |
19 | | Section pursuant to an exemption granted under Section 22.16. |
20 | | (k) In accordance with the findings and purposes of the |
21 | | Illinois Solid Waste Management Act, beginning January 1, 1989 |
22 | | the fee under subsection (b) and the fee, tax or surcharge |
23 | | under subsection (j) shall not apply to: |
24 | | (1) waste which is hazardous waste; |
25 | | (2) waste which is pollution control waste; |
26 | | (3) waste from recycling, reclamation or reuse |
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1 | | processes which have been approved by the Agency as being |
2 | | designed to remove any contaminant from wastes so as to |
3 | | render such wastes reusable, provided that the process |
4 | | renders at least 50% of the waste reusable; the exemption |
5 | | set forth in this paragraph (3) of this subsection (k) |
6 | | shall not apply to general construction or demolition |
7 | | debris recovery facilities as defined in subsection (a-1) |
8 | | of Section 3.160; |
9 | | (4) non-hazardous solid waste that is received at a |
10 | | sanitary landfill and composted or recycled through a |
11 | | process permitted by the Agency; or |
12 | | (5) any landfill which is permitted by the Agency to |
13 | | receive only demolition or construction debris or |
14 | | landscape waste. |
15 | | (Source: P.A. 102-16, eff. 6-17-21; 102-310, eff. 8-6-21; |
16 | | 102-444, eff. 8-20-21; 102-699, eff. 4-19-22; 102-813, eff. |
17 | | 5-13-22; 102-1055, eff. 6-10-22; 103-8, eff. 6-7-23; 103-154, |
18 | | eff. 6-30-23; 103-372, eff. 1-1-24; 103-383, eff. 7-28-23; |
19 | | 103-588, eff. 6-5-24; 103-605, eff. 7-1-24.) |
20 | | (415 ILCS 5/22.64 new) |
21 | | Sec. 22.64. Single-use foodware. |
22 | | (a) As used in this Section: |
23 | | "Self-service station" means an area dedicated to |
24 | | customers taking away single-use foodware and condiments. |
25 | | "Single-use foodware" means an eating utensil or other |
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1 | | item to be used as part of food or beverage service that is |
2 | | designed and intended by the manufacturer for only one usage |
3 | | before being discarded, including, but not limited to, forks, |
4 | | spoons, sporks, knives, chopsticks, other eating utensils, |
5 | | stirrers, drink stoppers, splash sticks, cocktail sticks, |
6 | | toothpicks, napkins, wet-wipes, cup sleeves, beverage trays, |
7 | | disposable plates, and condiment packets. "Single-use |
8 | | foodware" does not include straws, lids for hot beverages, or |
9 | | items used to contain or package food or beverages for |
10 | | delivery or take-out orders. |
11 | | (b) In connection with any delivery or take-out order of |
12 | | food or beverage, a food dispensing establishment may only |
13 | | provide single-use foodware upon request from the customer or |
14 | | at a self-service station. Food dispensing establishments |
15 | | shall provide options for customers to affirmatively request |
16 | | single-use foodware when ordering food and beverages for |
17 | | delivery or take-out across all ordering or point of sale |
18 | | platforms, including internet enabled applications, digital |
19 | | platforms, phone orders, and in-person ordering. The Agency is |
20 | | authorized to establish, by rule, a standard, language |
21 | | accessible sign for use by food dispensing establishments in |
22 | | connection with this Section. The requirements of this Section |
23 | | are subject to any applicable public health order. |
24 | | (c) This Section does not apply to: |
25 | | (1) single-use foodware necessary to address safety |
26 | | concerns, such as lids, drink stoppers, beverage trays, |
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1 | | and cup sleeves for beverages served at an average |
2 | | temperature in excess of 170 degrees Fahrenheit; |
3 | | (2) an automatic food vending machine; |
4 | | (3) any single-use foodware that is prepackaged with |
5 | | or attached to any food or beverage products by the |
6 | | manufacturer prior to receipt by the food dispensing |
7 | | establishment; |
8 | | (4) any charitable food dispensing establishment; |
9 | | (5) any food dispensing establishment located at |
10 | | Illinois airports; |
11 | | (6) medical facilities, which include, but are not |
12 | | limited to, long-term care facilities, State hospitals, |
13 | | and senior nursing homes; or |
14 | | (7) a food dispensing establishment granted a waiver |
15 | | from the Agency, in accordance with rules adopted by the |
16 | | Agency. |
17 | | (d) Notwithstanding any other provision of this Act, civil |
18 | | penalties imposed for violations of this Section must be |
19 | | deposited into the Solid Waste Management Fund for use by the |
20 | | Agency for the purposes of expanding and funding |
21 | | climate-related programs and pollution-related programs. |
22 | | (415 ILCS 5/42) (from Ch. 111 1/2, par. 1042) |
23 | | Sec. 42. Civil penalties. |
24 | | (a) Except as provided in this Section, any person that |
25 | | violates any provision of this Act or any regulation adopted |
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1 | | by the Board, or any permit or term or condition thereof, or |
2 | | that violates any order of the Board pursuant to this Act, |
3 | | shall be liable for a civil penalty of not to exceed $50,000 |
4 | | for the violation and an additional civil penalty of not to |
5 | | exceed $10,000 for each day during which the violation |
6 | | continues; such penalties may, upon order of the Board or a |
7 | | court of competent jurisdiction, be made payable to the |
8 | | Environmental Protection Trust Fund, to be used in accordance |
9 | | with the provisions of the Environmental Protection Trust Fund |
10 | | Act. |
11 | | (b) Notwithstanding the provisions of subsection (a) of |
12 | | this Section: |
13 | | (1) Any person that violates Section 12(f) of this Act |
14 | | or any NPDES permit or term or condition thereof, or any |
15 | | filing requirement, regulation or order relating to the |
16 | | NPDES permit program, shall be liable to a civil penalty |
17 | | of not to exceed $10,000 per day of violation. |
18 | | (2) Any person that violates Section 12(g) of this Act |
19 | | or any UIC permit or term or condition thereof, or any |
20 | | filing requirement, regulation or order relating to the |
21 | | State UIC program for all wells, except Class II wells as |
22 | | defined by the Board under this Act, shall be liable to a |
23 | | civil penalty not to exceed $2,500 per day of violation; |
24 | | provided, however, that any person who commits such |
25 | | violations relating to the State UIC program for Class II |
26 | | wells, as defined by the Board under this Act, shall be |
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1 | | liable to a civil penalty of not to exceed $10,000 for the |
2 | | violation and an additional civil penalty of not to exceed |
3 | | $1,000 for each day during which the violation continues. |
4 | | (3) Any person that violates Sections 21(f), 21(g), |
5 | | 21(h) or 21(i) of this Act, or any RCRA permit or term or |
6 | | condition thereof, or any filing requirement, regulation |
7 | | or order relating to the State RCRA program, shall be |
8 | | liable to a civil penalty of not to exceed $25,000 per day |
9 | | of violation. |
10 | | (4) In an administrative citation action under Section |
11 | | 31.1 of this Act, any person found to have violated any |
12 | | provision of subsection (o) of Section 21 of this Act |
13 | | shall pay a civil penalty of $500 for each violation of |
14 | | each such provision, plus any hearing costs incurred by |
15 | | the Board and the Agency. Such penalties shall be made |
16 | | payable to the Environmental Protection Trust Fund, to be |
17 | | used in accordance with the provisions of the |
18 | | Environmental Protection Trust Fund Act; except that if a |
19 | | unit of local government issued the administrative |
20 | | citation, 50% of the civil penalty shall be payable to the |
21 | | unit of local government. |
22 | | (4-5) In an administrative citation action under |
23 | | Section 31.1 of this Act, any person found to have |
24 | | violated any provision of subsection (p) of Section 21, |
25 | | Section 22.38, Section 22.51, Section 22.51a, or |
26 | | subsection (k) of Section 55 of this Act shall pay a civil |
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1 | | penalty of $1,500 for each violation of each such |
2 | | provision, plus any hearing costs incurred by the Board |
3 | | and the Agency, except that the civil penalty amount shall |
4 | | be $3,000 for each violation of any provision of |
5 | | subsection (p) of Section 21, Section 22.38, Section |
6 | | 22.51, Section 22.51a, or subsection (k) of Section 55 |
7 | | that is the person's second or subsequent adjudication |
8 | | violation of that provision. The penalties shall be |
9 | | deposited into the Environmental Protection Trust Fund, to |
10 | | be used in accordance with the provisions of the |
11 | | Environmental Protection Trust Fund Act; except that if a |
12 | | unit of local government issued the administrative |
13 | | citation, 50% of the civil penalty shall be payable to the |
14 | | unit of local government. |
15 | | (5) Any person who violates subsection 6 of Section |
16 | | 39.5 of this Act or any CAAPP permit, or term or condition |
17 | | thereof, or any fee or filing requirement, or any duty to |
18 | | allow or carry out inspection, entry or monitoring |
19 | | activities, or any regulation or order relating to the |
20 | | CAAPP shall be liable for a civil penalty not to exceed |
21 | | $10,000 per day of violation. |
22 | | (6) Any owner or operator of a community water system |
23 | | that violates subsection (b) of Section 18.1 or subsection |
24 | | (a) of Section 25d-3 of this Act shall, for each day of |
25 | | violation, be liable for a civil penalty not to exceed $5 |
26 | | for each of the premises connected to the affected |
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1 | | community water system. |
2 | | (7) Any person who violates Section 52.5 of this Act |
3 | | shall be liable for a civil penalty of up to $1,000 for the |
4 | | first violation of that Section and a civil penalty of up |
5 | | to $2,500 for a second or subsequent violation of that |
6 | | Section. |
7 | | (8) The owner or operator of a food service |
8 | | establishment shall be liable for a civil penalty of no |
9 | | less than $200 per day and no more than $2,000 per day for |
10 | | each day single-use food service products are provided in |
11 | | violation of Section 22.64. The Agency must issue at least |
12 | | 2 notices of violation by certified mail before assessing |
13 | | a penalty under this paragraph (8). |
14 | | (b.5) In lieu of the penalties set forth in subsections |
15 | | (a) and (b) of this Section, any person who fails to file, in a |
16 | | timely manner, toxic chemical release forms with the Agency |
17 | | pursuant to Section 25b-2 of this Act shall be liable for a |
18 | | civil penalty of $100 per day for each day the forms are late, |
19 | | not to exceed a maximum total penalty of $6,000. This daily |
20 | | penalty shall begin accruing on the thirty-first day after the |
21 | | date that the person receives the warning notice issued by the |
22 | | Agency pursuant to Section 25b-6 of this Act; and the penalty |
23 | | shall be paid to the Agency. The daily accrual of penalties |
24 | | shall cease as of January 1 of the following year. All |
25 | | penalties collected by the Agency pursuant to this subsection |
26 | | shall be deposited into the Environmental Protection Permit |
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1 | | and Inspection Fund. |
2 | | (c) Any person that violates this Act, any rule or |
3 | | regulation adopted under this Act, any permit or term or |
4 | | condition of a permit, or any Board order and causes the death |
5 | | of fish or aquatic life shall, in addition to the other |
6 | | penalties provided by this Act, be liable to pay to the State |
7 | | an additional sum for the reasonable value of the fish or |
8 | | aquatic life destroyed. Any money so recovered shall be placed |
9 | | in the Wildlife and Fish Fund in the State Treasury. |
10 | | (d) The penalties provided for in this Section may be |
11 | | recovered in a civil action. |
12 | | (e) The State's Attorney of the county in which the |
13 | | violation occurred, or the Attorney General, may, at the |
14 | | request of the Agency or on his own motion, institute a civil |
15 | | action for an injunction, prohibitory or mandatory, to |
16 | | restrain violations of this Act, any rule or regulation |
17 | | adopted under this Act, any permit or term or condition of a |
18 | | permit, or any Board order, or to require such other actions as |
19 | | may be necessary to address violations of this Act, any rule or |
20 | | regulation adopted under this Act, any permit or term or |
21 | | condition of a permit, or any Board order. |
22 | | (f) The State's Attorney of the county in which the |
23 | | violation occurred, or the Attorney General, shall bring such |
24 | | actions in the name of the people of the State of Illinois. |
25 | | Without limiting any other authority which may exist for the |
26 | | awarding of attorney's fees and costs, the Board or a court of |
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1 | | competent jurisdiction may award costs and reasonable |
2 | | attorney's fees, including the reasonable costs of expert |
3 | | witnesses and consultants, to the State's Attorney or the |
4 | | Attorney General in a case where he has prevailed against a |
5 | | person who has committed a willful, knowing, or repeated |
6 | | violation of this Act, any rule or regulation adopted under |
7 | | this Act, any permit or term or condition of a permit, or any |
8 | | Board order. |
9 | | Any funds collected under this subsection (f) in which the |
10 | | Attorney General has prevailed shall be deposited in the |
11 | | Hazardous Waste Fund created in Section 22.2 of this Act. Any |
12 | | funds collected under this subsection (f) in which a State's |
13 | | Attorney has prevailed shall be retained by the county in |
14 | | which he serves. |
15 | | (g) All final orders imposing civil penalties pursuant to |
16 | | this Section shall prescribe the time for payment of such |
17 | | penalties. If any such penalty is not paid within the time |
18 | | prescribed, interest on such penalty at the rate set forth in |
19 | | subsection (a) of Section 1003 of the Illinois Income Tax Act, |
20 | | shall be paid for the period from the date payment is due until |
21 | | the date payment is received. However, if the time for payment |
22 | | is stayed during the pendency of an appeal, interest shall not |
23 | | accrue during such stay. |
24 | | (h) In determining the appropriate civil penalty to be |
25 | | imposed under subdivisions (a), (b)(1), (b)(2), (b)(3), |
26 | | (b)(5), (b)(6), or (b)(7) , or (b)(8) of this Section, the |
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1 | | Board is authorized to consider any matters of record in |
2 | | mitigation or aggravation of penalty, including, but not |
3 | | limited to, the following factors: |
4 | | (1) the duration and gravity of the violation; |
5 | | (2) the presence or absence of due diligence on the |
6 | | part of the respondent in attempting to comply with |
7 | | requirements of this Act and regulations thereunder or to |
8 | | secure relief therefrom as provided by this Act; |
9 | | (3) any economic benefits accrued by the respondent |
10 | | because of delay in compliance with requirements, in which |
11 | | case the economic benefits shall be determined by the |
12 | | lowest cost alternative for achieving compliance; |
13 | | (4) the amount of monetary penalty which will serve to |
14 | | deter further violations by the respondent and to |
15 | | otherwise aid in enhancing voluntary compliance with this |
16 | | Act by the respondent and other persons similarly subject |
17 | | to the Act; |
18 | | (5) the number, proximity in time, and gravity of |
19 | | previously adjudicated violations of this Act by the |
20 | | respondent; |
21 | | (6) whether the respondent voluntarily self-disclosed, |
22 | | in accordance with subsection (i) of this Section, the |
23 | | non-compliance to the Agency; |
24 | | (7) whether the respondent has agreed to undertake a |
25 | | "supplemental environmental project", which means an |
26 | | environmentally beneficial project that a respondent |
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1 | | agrees to undertake in settlement of an enforcement action |
2 | | brought under this Act, but which the respondent is not |
3 | | otherwise legally required to perform; and |
4 | | (8) whether the respondent has successfully completed |
5 | | a Compliance Commitment Agreement under subsection (a) of |
6 | | Section 31 of this Act to remedy the violations that are |
7 | | the subject of the complaint. |
8 | | In determining the appropriate civil penalty to be imposed |
9 | | under subsection (a) or paragraph (1), (2), (3), (5), (6), or |
10 | | (7) , or (8) of subsection (b) of this Section, the Board shall |
11 | | ensure, in all cases, that the penalty is at least as great as |
12 | | the economic benefits, if any, accrued by the respondent as a |
13 | | result of the violation, unless the Board finds that |
14 | | imposition of such penalty would result in an arbitrary or |
15 | | unreasonable financial hardship. However, such civil penalty |
16 | | may be off-set in whole or in part pursuant to a supplemental |
17 | | environmental project agreed to by the complainant and the |
18 | | respondent. |
19 | | (i) A person who voluntarily self-discloses non-compliance |
20 | | to the Agency, of which the Agency had been unaware, is |
21 | | entitled to a 100% reduction in the portion of the penalty that |
22 | | is not based on the economic benefit of non-compliance if the |
23 | | person can establish the following: |
24 | | (1) that either the regulated entity is a small entity |
25 | | or the non-compliance was discovered through an |
26 | | environmental audit or a compliance management system |
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1 | | documented by the regulated entity as reflecting the |
2 | | regulated entity's due diligence in preventing, detecting, |
3 | | and correcting violations; |
4 | | (2) that the non-compliance was disclosed in writing |
5 | | within 30 days of the date on which the person discovered |
6 | | it; |
7 | | (3) that the non-compliance was discovered and |
8 | | disclosed prior to: |
9 | | (i) the commencement of an Agency inspection, |
10 | | investigation, or request for information; |
11 | | (ii) notice of a citizen suit; |
12 | | (iii) the filing of a complaint by a citizen, the |
13 | | Illinois Attorney General, or the State's Attorney of |
14 | | the county in which the violation occurred; |
15 | | (iv) the reporting of the non-compliance by an |
16 | | employee of the person without that person's |
17 | | knowledge; or |
18 | | (v) imminent discovery of the non-compliance by |
19 | | the Agency; |
20 | | (4) that the non-compliance is being corrected and any |
21 | | environmental harm is being remediated in a timely |
22 | | fashion; |
23 | | (5) that the person agrees to prevent a recurrence of |
24 | | the non-compliance; |
25 | | (6) that no related non-compliance events have |
26 | | occurred in the past 3 years at the same facility or in the |
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1 | | past 5 years as part of a pattern at multiple facilities |
2 | | owned or operated by the person; |
3 | | (7) that the non-compliance did not result in serious |
4 | | actual harm or present an imminent and substantial |
5 | | endangerment to human health or the environment or violate |
6 | | the specific terms of any judicial or administrative order |
7 | | or consent agreement; |
8 | | (8) that the person cooperates as reasonably requested |
9 | | by the Agency after the disclosure; and |
10 | | (9) that the non-compliance was identified voluntarily |
11 | | and not through a monitoring, sampling, or auditing |
12 | | procedure that is required by statute, rule, permit, |
13 | | judicial or administrative order, or consent agreement. |
14 | | If a person can establish all of the elements under this |
15 | | subsection except the element set forth in paragraph (1) of |
16 | | this subsection, the person is entitled to a 75% reduction in |
17 | | the portion of the penalty that is not based upon the economic |
18 | | benefit of non-compliance. |
19 | | For the purposes of this subsection (i), "small entity" |
20 | | has the same meaning as in Section 221 of the federal Small |
21 | | Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. |
22 | | 601). |
23 | | (j) In addition to any other remedy or penalty that may |
24 | | apply, whether civil or criminal, any person who violates |
25 | | Section 22.52 of this Act shall be liable for an additional |
26 | | civil penalty of up to 3 times the gross amount of any |
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1 | | pecuniary gain resulting from the violation. |
2 | | (k) In addition to any other remedy or penalty that may |
3 | | apply, whether civil or criminal, any person who violates |
4 | | subdivision (a)(7.6) of Section 31 of this Act shall be liable |
5 | | for an additional civil penalty of $2,000. |
6 | | (Source: P.A. 102-310, eff. 8-6-21.) |