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90_SB1103enr
415 ILCS 5/9 from Ch. 111 1/2, par. 1009
415 ILCS 5/10 from Ch. 111 1/2, par. 1010
415 ILCS 5/42 from Ch. 111 1/2, par. 1042
Amends the Environmental Protection Act to allow the
Pollution Control Board to adopt statewide rules to ban
landscape waste burning. Requires the Board to prohibit open
burning of landscape waste in specified urbanized areas,
except for agricultural purposes, habitat management
purposes, and firefighter training purposes. Preempts certain
units of local government from regulating the open burning of
landscape waste in a manner less restrictive than the State.
Sets forth civil penalties. Effective immediately.
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1 AN ACT to amend the Environmental Protection Act by
2 changing Sections 9, 10, and 42.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Environmental Protection Act is amended by
6 changing Sections 9, 10, and 42 as follows:
7 (415 ILCS 5/9) (from Ch. 111 1/2, par. 1009)
8 Sec. 9. Acts prohibited. No person shall:
9 (a) Cause or threaten or allow the discharge or emission
10 of any contaminant into the environment in any State so as to
11 cause or tend to cause air pollution in Illinois, either
12 alone or in combination with contaminants from other sources,
13 or so as to violate regulations or standards adopted by the
14 Board under this Act;
15 (b) Construct, install, or operate any equipment,
16 facility, vehicle, vessel, or aircraft capable of causing or
17 contributing to air pollution or designed to prevent air
18 pollution, of any type designated by Board regulations,
19 without a permit granted by the Agency, or in violation of
20 any conditions imposed by such permit;
21 (c) Cause or allow the open burning of refuse, conduct
22 any salvage operation by open burning, or cause or allow the
23 burning of any refuse in any chamber not specifically
24 designed for the purpose and approved by the Agency pursuant
25 to regulations adopted by the Board under this Act; except
26 that the Board may adopt regulations permitting open burning
27 of refuse in certain cases upon a finding that no harm will
28 result from such burning, or that any alternative method of
29 disposing of such refuse would create a safety hazard so
30 extreme as to justify the pollution that would result from
31 such burning;
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1 (d) Sell, offer, or use any fuel or other article in any
2 areas in which the Board may by regulation forbid its sale,
3 offer, or use for reasons of air-pollution control;
4 (e) Use, cause or allow the spraying of loose asbestos
5 for the purpose of fireproofing or insulating any building or
6 building material or other constructions, or otherwise use
7 asbestos in such unconfined manner as to permit asbestos
8 fibers or particles to pollute the air;
9 (f) Commencing July 1, 1985, sell any used oil for
10 burning or incineration in any incinerator, boiler, furnace,
11 burner or other equipment unless such oil meets standards
12 based on virgin fuel oil or re-refined oil, as defined in
13 ASTM D-396 or specifications under VV-F-815C promulgated
14 pursuant to the federal Energy Policy and Conservation Act,
15 and meets the manufacturer's and current NFDA code standards
16 for which such incinerator, boiler, furnace, burner or other
17 equipment was approved, except that this prohibition does not
18 apply to a sale to a permitted used oil re-refining or
19 reprocessing facility or sale to a facility permitted by the
20 Agency to burn or incinerate such oil.
21 Nothing herein shall limit the effect of any section of
22 this Title with respect to any form of asbestos, or the
23 spraying of any form of asbestos, or limit the power of the
24 Board under this Title to adopt additional and further
25 regulations with respect to any form of asbestos, or the
26 spraying of any form of asbestos.
27 Except as provided under subsection (C) of Section 10,
28 this Section shall not limit the burning of landscape waste
29 upon the premises where it is produced or at sites provided
30 and supervised by any unit of local government, except within
31 any county having a population of more than 400,000. Nothing
32 in this Section shall prohibit the burning of landscape waste
33 for agricultural purposes, habitat management (including but
34 not limited to forest and prairie reclamation), or
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1 firefighter training. For the purposes of this Act, the
2 burning of landscape waste by production nurseries shall be
3 considered to be burning for agricultural purposes.
4 Any grain elevator located outside of a major population
5 area, as defined in Section 211.3610 of Title 35 of the
6 Illinois Administrative Code, shall be exempt from the
7 requirements of Section 212.462 of Title 35 of the Illinois
8 Administrative Code provided that the elevator: (1) does not
9 violate the prohibitions of subsection (a) of this Section or
10 have a certified investigation, as defined in Section 211.970
11 of Title 35 of the Illinois Administrative Code, on file with
12 the Agency and (2) is not required to obtain a Clean Air Act
13 Permit Program permit pursuant to Section 39.5.
14 Notwithstanding the above exemption, new stationary source
15 performance standards for grain elevators, established
16 pursuant to Section 9.1 of this Act and Section 111 of the
17 federal Clean Air Act, shall continue to apply to grain
18 elevators.
19 (Source: P.A. 88-488; 89-328, eff. 8-17-95; 89-491, eff.
20 6-21-96.)
21 (415 ILCS 5/10) (from Ch. 111 1/2, par. 1010)
22 Sec. 10. Regulations.
23 (A) The Board, pursuant to procedures prescribed in
24 Title VII of this Act, may adopt regulations to promote the
25 purposes of this Title. Without limiting the generality of
26 this authority, such regulations may among other things
27 prescribe:
28 (a) Ambient air quality standards specifying the
29 maximum permissible short-term and long-term
30 concentrations of various contaminants in the atmosphere;
31 (b) Emission standards specifying the maximum
32 amounts or concentrations of various contaminants that
33 may be discharged into the atmosphere;
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1 (c) Standards for the issuance of permits for
2 construction, installation, or operation of any
3 equipment, facility, vehicle, vessel, or aircraft capable
4 of causing or contributing to air pollution or designed
5 to prevent air pollution;
6 (d) Standards and conditions regarding the sale,
7 offer, or use of any fuel, vehicle, or other article
8 determined by the Board to constitute an air-pollution
9 hazard;
10 (e) Alert and abatement standards relative to
11 air-pollution episodes or emergencies constituting an
12 acute danger to health or to the environment;
13 (f) Requirements and procedures for the inspection
14 of any equipment, facility, vehicle, vessel, or aircraft
15 that may cause or contribute to air pollution;
16 (g) Requirements and standards for equipment and
17 procedures for monitoring contaminant discharges at their
18 sources, the collection of samples and the collection,
19 reporting and retention of data resulting from such
20 monitoring.
21 (B) The Board shall adopt sulfur dioxide regulations and
22 emission standards for existing fuel combustion stationary
23 emission sources located in all areas of the State of
24 Illinois, except the Chicago, St. Louis (Illinois) and Peoria
25 major metropolitan areas, in accordance with the following
26 requirements:
27 (1) Such regulations shall not be more restrictive
28 than necessary to attain and maintain the "Primary
29 National Ambient Air Quality Standards for Sulfur
30 Dioxide" and within a reasonable time attain and maintain
31 the "Secondary National Ambient Air Quality Standards for
32 Sulfur Dioxide."
33 (2) Such regulations shall be based upon ambient
34 air quality monitoring data insofar as possible,
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1 consistent with regulations of the United States
2 Environmental Protection Agency. To the extent that air
3 quality modeling techniques are used for setting
4 standards, such techniques shall be fully described and
5 documented in the record of the Board's rulemaking
6 proceeding.
7 (3) Such regulations shall provide a mechanism for
8 the establishment of emission standards applicable to a
9 specific site as an alternative to a more restrictive
10 general emission standard. The Board shall delegate
11 authority to the Agency to determine such specific site
12 emission standards, pursuant to regulations adopted by
13 the Board.
14 (4) Such regulations and standards shall allow all
15 available alternative air quality control methods
16 consistent with federal law and regulations.
17 (C) The Board shall adopt rules to prohibit the open
18 burning of landscape waste in municipalities of the State
19 with a population over 75,000. The rules shall provide an
20 exemption for a unit of local government that can demonstrate
21 to the Board that the prohibition of open burning of
22 landscape waste will cause severe economic hardship to the
23 unit of local government. The rules shall not prohibit the
24 burning of landscape waste for agricultural purposes
25 (including but not limited to the burning of landscape waste
26 by production nurseries), habitat management purposes
27 (including but not limited to forest and prairie
28 reclamation), and firefighter training purposes.
29 A home rule unit may not regulate the open burning of
30 landscape waste in a manner that is less restrictive than the
31 regulation by the State under this subsection. This
32 subsection is a limitation under subsection (i) of Section 6
33 of Article VII of the Illinois Constitution on the concurrent
34 exercise by home rule units of powers and functions exercised
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1 by the State.
2 Except as provided under this subsection (C) of Section
3 10, the Board may not adopt any regulation banning the
4 burning of landscape waste throughout the State generally.
5 The Board may, by regulation, restrict or prohibit the
6 burning of landscape waste within any geographical area of
7 the State if it determines based on medical and biological
8 evidence generally accepted by the scientific community that
9 such burning will produce in the atmosphere of that
10 geographical area contaminants in sufficient quantities and
11 of such characteristics and duration as to be injurious to
12 humans, plant, or animal life, or health. Actions to enforce
13 the rules adopted by the Board under this subsection may be
14 brought before the Board or the circuit court in the county
15 in which the alleged violation occurred by the Attorney
16 General or by the State's Attorney or any local law
17 enforcement authority within the county in which the alleged
18 violation occurred.
19 (D) The Board shall adopt regulations requiring the
20 owner or operator of a gasoline dispensing system that
21 dispenses more than 10,000 gallons of gasoline per month to
22 install and operate a system for the recovery of gasoline
23 vapor emissions arising from the fueling of motor vehicles
24 that meets the requirements of Section 182 of the federal
25 Clean Air Act (42 USC 7511a). These regulations shall apply
26 only in areas of the State that are classified as moderate,
27 serious, severe or extreme nonattainment areas for ozone
28 pursuant to Section 181 of the federal Clean Air Act (42 USC
29 7511), but shall not apply in such areas classified as
30 moderate nonattainment areas for ozone if the Administrator
31 of the U.S. Environmental Protection Agency promulgates
32 standards for vehicle-based (onboard) systems for the control
33 of vehicle refueling emissions pursuant to Section 202(a)(6)
34 of the federal Clean Air Act (42 USC 7521(a)(6)) by November
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1 15, 1992.
2 (E) The Board shall not adopt or enforce any regulation
3 requiring the use of a tarpaulin or other covering on a
4 truck, trailer, or other vehicle that is stricter than the
5 requirements of Section 15-109.1 of the Illinois Vehicle
6 Code. To the extent that it is in conflict with this
7 subsection, the Board's rule codified as 35 Ill. Admin. Code,
8 Section 212.315 is hereby superseded.
9 (F) Any person who prior to June 8, 1988, has filed a
10 timely Notice of Intent to Petition for an Adjusted RACT
11 Emissions Limitation and who subsequently timely files a
12 completed petition for an adjusted RACT emissions limitation
13 pursuant to 35 Ill. Adm. Code, Part 215, Subpart I, shall be
14 subject to the procedures contained in Subpart I but shall be
15 excluded by operation of law from 35 Ill. Adm. Code, Part
16 215, Subparts PP, QQ and RR, including the applicable
17 definitions in 35 Ill. Adm. Code, Part 211. Such persons
18 shall instead be subject to a separate regulation which the
19 Board is hereby authorized to adopt pursuant to the adjusted
20 RACT emissions limitation procedure in 35 Ill. Adm. Code,
21 Part 215, Subpart I. In its final action on the petition,
22 the Board shall create a separate rule which establishes
23 Reasonably Available Control Technology (RACT) for such
24 person. The purpose of this procedure is to create separate
25 and independent regulations for purposes of SIP submittal,
26 review, and approval by USEPA.
27 (G) Subpart FF of Subtitle B, Title 35 Ill. Adm. Code,
28 Sections 218.720 through 218.730 and Sections 219.720 through
29 219.730, are hereby repealed by operation of law and are
30 rendered null and void and of no force and effect.
31 (Source: P.A. 88-381; 89-79, eff. 6-30-95.)
32 (415 ILCS 5/42) (from Ch. 111 1/2, par. 1042)
33 Sec. 42. Civil penalties.
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1 (a) Except as provided in this Section, any person that
2 violates any provision of this Act or any regulation adopted
3 by the Board, or any permit or term or condition thereof, or
4 that violates any determination or order of the Board
5 pursuant to this Act, shall be liable to a civil penalty of
6 not to exceed $50,000 for the violation and an additional
7 civil penalty of not to exceed $10,000 for each day during
8 which the violation continues; such penalties may, upon order
9 of the Board or a court of competent jurisdiction, be made
10 payable to the Environmental Protection Trust Fund, to be
11 used in accordance with the provisions of the Environmental
12 Protection Trust Fund Act.
13 (b) Notwithstanding the provisions of subsection (a) of
14 this Section:
15 (1) Any person that violates Section 12(f) of this
16 Act or any NPDES permit or term or condition thereof, or
17 any filing requirement, regulation or order relating to
18 the NPDES permit program, shall be liable to a civil
19 penalty of not to exceed $10,000 per day of violation.
20 (2) Any person that violates Section 12(g) of this
21 Act or any UIC permit or term or condition thereof, or
22 any filing requirement, regulation or order relating to
23 the State UIC program for all wells, except Class II
24 wells as defined by the Board under this Act, shall be
25 liable to a civil penalty not to exceed $2,500 per day of
26 violation; provided, however, that any person who commits
27 such violations relating to the State UIC program for
28 Class II wells, as defined by the Board under this Act,
29 shall be liable to a civil penalty of not to exceed
30 $10,000 for the violation and an additional civil penalty
31 of not to exceed $1,000 for each day during which the
32 violation continues.
33 (3) Any person that violates Sections 21(f), 21(g),
34 21(h) or 21(i) of this Act, or any RCRA permit or term or
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1 condition thereof, or any filing requirement, regulation
2 or order relating to the State RCRA program, shall be
3 liable to a civil penalty of not to exceed $25,000 per
4 day of violation.
5 (4) In an administrative citation action under
6 Section 31.1 of this Act, any person found to have
7 violated any provision of subsection (o) or (p) of
8 Section 21 of this Act shall pay a civil penalty of $500
9 for each violation of each such provision, plus any
10 hearing costs incurred by the Board and the Agency. Such
11 penalties shall be made payable to the Environmental
12 Protection Trust Fund, to be used in accordance with the
13 provisions of the Environmental Protection Trust Fund
14 Act; except that if a unit of local government issued the
15 administrative citation, 50% of the civil penalty shall
16 be payable to the unit of local government.
17 (5) Any person who violates subsection 6 of Section
18 39.5 of this Act or any CAAPP permit, or term or
19 condition thereof, or any fee or filing requirement, or
20 any duty to allow or carry out inspection, entry or
21 monitoring activities, or any regulation or order
22 relating to the CAAPP shall be liable for a civil penalty
23 not to exceed $10,000 per day of violation.
24 (6) A person who violates subsection (C) of Section
25 10 of this Act or a rule adopted by the Board under that
26 subsection shall pay a civil penalty of $50 for a first
27 violation, $100 for a second violation, and $500 for a
28 third or subsequent violation. Where such actions are
29 brought before the Board, penalties shall be payable to
30 the Environmental Protection Trust Fund, to be used in
31 accordance with the provisions of the Environmental
32 Protection Trust Fund Act. Where such actions are
33 brought before the circuit court, penalties shall be
34 payable to the county in which the violation occurred.
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1 (b.5) In lieu of the penalties set forth in subsections
2 (a) and (b) of this Section, any person who fails to file, in
3 a timely manner, a toxic chemical release form with the
4 Agency pursuant to Section 25b-2 of this Act shall be liable
5 for a civil penalty of $100 per day for each day the form is
6 late. This daily penalty shall begin accruing on the
7 thirty-first day after the date that the person receives the
8 warning notice issued by the Agency pursuant to Section 25b-6
9 of this Act; and the penalty shall be paid to the Agency. The
10 daily accrual of penalties shall cease as of January 1 of the
11 following year. All penalties collected by the Agency
12 pursuant to this subsection shall be deposited into the
13 Environmental Protection Permit and Inspection Fund.
14 (c) Any person that violates this Act, or an order or
15 other determination of the Board under this Act and causes
16 the death of fish or aquatic life shall, in addition to the
17 other penalties provided by this Act, be liable to pay to the
18 State an additional sum for the reasonable value of the fish
19 or aquatic life destroyed. Any money so recovered shall be
20 placed in the Wildlife and Fish Fund in the State Treasury.
21 (d) The penalties provided for in this Section may be
22 recovered in a civil action.
23 (e) The State's Attorney of the county in which the
24 violation occurred, or the Attorney General, may, at the
25 request of the Agency or on his own motion, institute a civil
26 action for an injunction to restrain violations of this Act.
27 (f) The State's Attorney of the county in which the
28 violation occurred, or the Attorney General, shall bring such
29 actions in the name of the people of the State of Illinois.
30 Without limiting any other authority which may exist for the
31 awarding of attorney's fees and costs, the Board or a court
32 of competent jurisdiction may award costs and reasonable
33 attorney's fees, including the reasonable costs of expert
34 witnesses and consultants, to the State's Attorney or the
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1 Attorney General in a case where he has prevailed against a
2 person who has committed a wilful, knowing or repeated
3 violation of the Act.
4 Any funds collected under this subsection (f) in which
5 the Attorney General has prevailed shall be deposited in the
6 Hazardous Waste Fund created in Section 22.2 of this Act. Any
7 funds collected under this subsection (f) in which a State's
8 Attorney has prevailed shall be retained by the county in
9 which he serves.
10 (g) All final orders imposing civil penalties pursuant
11 to this Section shall prescribe the time for payment of such
12 penalties. If any such penalty is not paid within the time
13 prescribed, interest on such penalty at the rate set forth in
14 subsection (a) of Section 1003 of the Illinois Income Tax
15 Act, shall be paid for the period from the date payment is
16 due until the date payment is received. However, if the time
17 for payment is stayed during the pendency of an appeal,
18 interest shall not accrue during such stay.
19 (h) In determining the appropriate civil penalty to be
20 imposed under subdivisions (a), (b)(1), (b)(2), (b)(3), or
21 (b)(5) of this Section, the Board is authorized to consider
22 any matters of record in mitigation or aggravation of
23 penalty, including but not limited to the following factors:
24 (1) the duration and gravity of the violation;
25 (2) the presence or absence of due diligence on the
26 part of the violator in attempting to comply with
27 requirements of this Act and regulations thereunder or to
28 secure relief therefrom as provided by this Act;
29 (3) any economic benefits accrued by the violator
30 because of delay in compliance with requirements;
31 (4) the amount of monetary penalty which will serve
32 to deter further violations by the violator and to
33 otherwise aid in enhancing voluntary compliance with this
34 Act by the violator and other persons similarly subject
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1 to the Act; and
2 (5) the number, proximity in time, and gravity of
3 previously adjudicated violations of this Act by the
4 violator.
5 (Source: P.A. 87-1213; 88-45; 88-106; 88-496; 88-670, eff.
6 12-2-94.)
7 Section 99. Effective date. This Act takes effect upon
8 becoming law.