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90_SB1103sam001
SDS/90SB1103pam2/mmp
1 AMENDMENT TO SENATE BILL 1103
2 AMENDMENT NO. . Amend Senate Bill 1103, by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Environmental Protection Act is amended
5 by changing Sections 9, 10, and 42 as follows:
6 (415 ILCS 5/9) (from Ch. 111 1/2, par. 1009)
7 Sec. 9. Acts prohibited. No person shall:
8 (a) Cause or threaten or allow the discharge or emission
9 of any contaminant into the environment in any State so as to
10 cause or tend to cause air pollution in Illinois, either
11 alone or in combination with contaminants from other sources,
12 or so as to violate regulations or standards adopted by the
13 Board under this Act;
14 (b) Construct, install, or operate any equipment,
15 facility, vehicle, vessel, or aircraft capable of causing or
16 contributing to air pollution or designed to prevent air
17 pollution, of any type designated by Board regulations,
18 without a permit granted by the Agency, or in violation of
19 any conditions imposed by such permit;
20 (c) Cause or allow the open burning of refuse, conduct
21 any salvage operation by open burning, or cause or allow the
22 burning of any refuse in any chamber not specifically
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1 designed for the purpose and approved by the Agency pursuant
2 to regulations adopted by the Board under this Act; except
3 that the Board may adopt regulations permitting open burning
4 of refuse in certain cases upon a finding that no harm will
5 result from such burning, or that any alternative method of
6 disposing of such refuse would create a safety hazard so
7 extreme as to justify the pollution that would result from
8 such burning;
9 (d) Sell, offer, or use any fuel or other article in any
10 areas in which the Board may by regulation forbid its sale,
11 offer, or use for reasons of air-pollution control;
12 (e) Use, cause or allow the spraying of loose asbestos
13 for the purpose of fireproofing or insulating any building or
14 building material or other constructions, or otherwise use
15 asbestos in such unconfined manner as to permit asbestos
16 fibers or particles to pollute the air;
17 (f) Commencing July 1, 1985, sell any used oil for
18 burning or incineration in any incinerator, boiler, furnace,
19 burner or other equipment unless such oil meets standards
20 based on virgin fuel oil or re-refined oil, as defined in
21 ASTM D-396 or specifications under VV-F-815C promulgated
22 pursuant to the federal Energy Policy and Conservation Act,
23 and meets the manufacturer's and current NFDA code standards
24 for which such incinerator, boiler, furnace, burner or other
25 equipment was approved, except that this prohibition does not
26 apply to a sale to a permitted used oil re-refining or
27 reprocessing facility or sale to a facility permitted by the
28 Agency to burn or incinerate such oil.
29 Nothing herein shall limit the effect of any section of
30 this Title with respect to any form of asbestos, or the
31 spraying of any form of asbestos, or limit the power of the
32 Board under this Title to adopt additional and further
33 regulations with respect to any form of asbestos, or the
34 spraying of any form of asbestos.
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1 Except as provided under subsection (C) of Section 10,
2 This Section shall not limit the burning of landscape waste
3 upon the premises where it is produced or at sites provided
4 and supervised by any unit of local government, except within
5 any county having a population of more than 400,000. Nothing
6 in this Section shall prohibit the burning of landscape waste
7 for agricultural purposes, habitat management (including but
8 not limited to forest and prairie reclamation), or
9 firefighter training. For the purposes of this Act, the
10 burning of landscape waste by production nurseries shall be
11 considered to be burning for agricultural purposes.
12 Any grain elevator located outside of a major population
13 area, as defined in Section 211.3610 of Title 35 of the
14 Illinois Administrative Code, shall be exempt from the
15 requirements of Section 212.462 of Title 35 of the Illinois
16 Administrative Code provided that the elevator: (1) does not
17 violate the prohibitions of subsection (a) of this Section or
18 have a certified investigation, as defined in Section 211.970
19 of Title 35 of the Illinois Administrative Code, on file with
20 the Agency and (2) is not required to obtain a Clean Air Act
21 Permit Program permit pursuant to Section 39.5.
22 Notwithstanding the above exemption, new stationary source
23 performance standards for grain elevators, established
24 pursuant to Section 9.1 of this Act and Section 111 of the
25 federal Clean Air Act, shall continue to apply to grain
26 elevators.
27 (Source: P.A. 88-488; 89-328, eff. 8-17-95; 89-491, eff.
28 6-21-96.)
29 (415 ILCS 5/10) (from Ch. 111 1/2, par. 1010)
30 Sec. 10. Regulations.
31 (A) The Board, pursuant to procedures prescribed in
32 Title VII of this Act, may adopt regulations to promote the
33 purposes of this Title. Without limiting the generality of
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1 this authority, such regulations may among other things
2 prescribe:
3 (a) Ambient air quality standards specifying the
4 maximum permissible short-term and long-term
5 concentrations of various contaminants in the atmosphere;
6 (b) Emission standards specifying the maximum
7 amounts or concentrations of various contaminants that
8 may be discharged into the atmosphere;
9 (c) Standards for the issuance of permits for
10 construction, installation, or operation of any
11 equipment, facility, vehicle, vessel, or aircraft capable
12 of causing or contributing to air pollution or designed
13 to prevent air pollution;
14 (d) Standards and conditions regarding the sale,
15 offer, or use of any fuel, vehicle, or other article
16 determined by the Board to constitute an air-pollution
17 hazard;
18 (e) Alert and abatement standards relative to
19 air-pollution episodes or emergencies constituting an
20 acute danger to health or to the environment;
21 (f) Requirements and procedures for the inspection
22 of any equipment, facility, vehicle, vessel, or aircraft
23 that may cause or contribute to air pollution;
24 (g) Requirements and standards for equipment and
25 procedures for monitoring contaminant discharges at their
26 sources, the collection of samples and the collection,
27 reporting and retention of data resulting from such
28 monitoring.
29 (B) The Board shall adopt sulfur dioxide regulations and
30 emission standards for existing fuel combustion stationary
31 emission sources located in all areas of the State of
32 Illinois, except the Chicago, St. Louis (Illinois) and Peoria
33 major metropolitan areas, in accordance with the following
34 requirements:
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1 (1) Such regulations shall not be more restrictive
2 than necessary to attain and maintain the "Primary
3 National Ambient Air Quality Standards for Sulfur
4 Dioxide" and within a reasonable time attain and maintain
5 the "Secondary National Ambient Air Quality Standards for
6 Sulfur Dioxide."
7 (2) Such regulations shall be based upon ambient
8 air quality monitoring data insofar as possible,
9 consistent with regulations of the United States
10 Environmental Protection Agency. To the extent that air
11 quality modeling techniques are used for setting
12 standards, such techniques shall be fully described and
13 documented in the record of the Board's rulemaking
14 proceeding.
15 (3) Such regulations shall provide a mechanism for
16 the establishment of emission standards applicable to a
17 specific site as an alternative to a more restrictive
18 general emission standard. The Board shall delegate
19 authority to the Agency to determine such specific site
20 emission standards, pursuant to regulations adopted by
21 the Board.
22 (4) Such regulations and standards shall allow all
23 available alternative air quality control methods
24 consistent with federal law and regulations.
25 (C) The Board shall adopt rules to prohibit the open
26 burning of landscape waste in municipalities of the State
27 with a population over 75,000. The rules shall provide an
28 exemption for a unit of local government that can demonstrate
29 to the Board that the prohibition of open burning of
30 landscape waste will cause severe economic hardship to the
31 unit of local government. The rules shall not prohibit the
32 burning of landscape waste for agricultural purposes
33 (including but not limited to the burning of landscape waste
34 by production nurseries), habitat management purposes
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1 (including but not limited to forest and prairie
2 reclamation), and firefighter training purposes.
3 A home rule unit may not regulate the open burning of
4 landscape waste in a manner that is less restrictive than the
5 regulation by the State under this subsection. This
6 subsection is a limitation under subsection (i) of Section 6
7 of Article VII of the Illinois Constitution on the concurrent
8 exercise by home rule units of powers and functions exercised
9 by the State. Except as provided under subsection (C) of
10 Section 10, The Board may not adopt any regulation banning
11 the burning of landscape waste throughout the State
12 generally. The Board may, by regulation, restrict or prohibit
13 the burning of landscape waste within any geographical area
14 of the State if it determines based on medical and biological
15 evidence generally accepted by the scientific community that
16 such burning will produce in the atmosphere of that
17 geographical area contaminants in sufficient quantities and
18 of such characteristics and duration as to be injurious to
19 humans, plant, or animal life, or health. Actions to enforce
20 the rules adopted by the Board under this subsection may be
21 brought before the Board or the circuit court in the county
22 in which the alleged violation occurred by the Attorney
23 General or by the State's Attorney or any local law
24 enforcement authority within the county in which the alleged
25 violation occurred.
26 (D) The Board shall adopt regulations requiring the
27 owner or operator of a gasoline dispensing system that
28 dispenses more than 10,000 gallons of gasoline per month to
29 install and operate a system for the recovery of gasoline
30 vapor emissions arising from the fueling of motor vehicles
31 that meets the requirements of Section 182 of the federal
32 Clean Air Act (42 USC 7511a). These regulations shall apply
33 only in areas of the State that are classified as moderate,
34 serious, severe or extreme nonattainment areas for ozone
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1 pursuant to Section 181 of the federal Clean Air Act (42 USC
2 7511), but shall not apply in such areas classified as
3 moderate nonattainment areas for ozone if the Administrator
4 of the U.S. Environmental Protection Agency promulgates
5 standards for vehicle-based (onboard) systems for the control
6 of vehicle refueling emissions pursuant to Section 202(a)(6)
7 of the federal Clean Air Act (42 USC 7521(a)(6)) by November
8 15, 1992.
9 (E) The Board shall not adopt or enforce any regulation
10 requiring the use of a tarpaulin or other covering on a
11 truck, trailer, or other vehicle that is stricter than the
12 requirements of Section 15-109.1 of the Illinois Vehicle
13 Code. To the extent that it is in conflict with this
14 subsection, the Board's rule codified as 35 Ill. Admin. Code,
15 Section 212.315 is hereby superseded.
16 (F) Any person who prior to June 8, 1988, has filed a
17 timely Notice of Intent to Petition for an Adjusted RACT
18 Emissions Limitation and who subsequently timely files a
19 completed petition for an adjusted RACT emissions limitation
20 pursuant to 35 Ill. Adm. Code, Part 215, Subpart I, shall be
21 subject to the procedures contained in Subpart I but shall be
22 excluded by operation of law from 35 Ill. Adm. Code, Part
23 215, Subparts PP, QQ and RR, including the applicable
24 definitions in 35 Ill. Adm. Code, Part 211. Such persons
25 shall instead be subject to a separate regulation which the
26 Board is hereby authorized to adopt pursuant to the adjusted
27 RACT emissions limitation procedure in 35 Ill. Adm. Code,
28 Part 215, Subpart I. In its final action on the petition,
29 the Board shall create a separate rule which establishes
30 Reasonably Available Control Technology (RACT) for such
31 person. The purpose of this procedure is to create separate
32 and independent regulations for purposes of SIP submittal,
33 review, and approval by USEPA.
34 (G) Subpart FF of Subtitle B, Title 35 Ill. Adm. Code,
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1 Sections 218.720 through 218.730 and Sections 219.720 through
2 219.730, are hereby repealed by operation of law and are
3 rendered null and void and of no force and effect.
4 (Source: P.A. 88-381; 89-79, eff. 6-30-95.)
5 (415 ILCS 5/42) (from Ch. 111 1/2, par. 1042)
6 Sec. 42. Civil penalties.
7 (a) Except as provided in this Section, any person that
8 violates any provision of this Act or any regulation adopted
9 by the Board, or any permit or term or condition thereof, or
10 that violates any determination or order of the Board
11 pursuant to this Act, shall be liable to a civil penalty of
12 not to exceed $50,000 for the violation and an additional
13 civil penalty of not to exceed $10,000 for each day during
14 which the violation continues; such penalties may, upon order
15 of the Board or a court of competent jurisdiction, be made
16 payable to the Environmental Protection Trust Fund, to be
17 used in accordance with the provisions of the Environmental
18 Protection Trust Fund Act.
19 (b) Notwithstanding the provisions of subsection (a) of
20 this Section:
21 (1) Any person that violates Section 12(f) of this
22 Act or any NPDES permit or term or condition thereof, or
23 any filing requirement, regulation or order relating to
24 the NPDES permit program, shall be liable to a civil
25 penalty of not to exceed $10,000 per day of violation.
26 (2) Any person that violates Section 12(g) of this
27 Act or any UIC permit or term or condition thereof, or
28 any filing requirement, regulation or order relating to
29 the State UIC program for all wells, except Class II
30 wells as defined by the Board under this Act, shall be
31 liable to a civil penalty not to exceed $2,500 per day of
32 violation; provided, however, that any person who commits
33 such violations relating to the State UIC program for
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1 Class II wells, as defined by the Board under this Act,
2 shall be liable to a civil penalty of not to exceed
3 $10,000 for the violation and an additional civil penalty
4 of not to exceed $1,000 for each day during which the
5 violation continues.
6 (3) Any person that violates Sections 21(f), 21(g),
7 21(h) or 21(i) of this Act, or any RCRA permit or term or
8 condition thereof, or any filing requirement, regulation
9 or order relating to the State RCRA program, shall be
10 liable to a civil penalty of not to exceed $25,000 per
11 day of violation.
12 (4) In an administrative citation action under
13 Section 31.1 of this Act, any person found to have
14 violated any provision of subsection (o) or (p) of
15 Section 21 of this Act shall pay a civil penalty of $500
16 for each violation of each such provision, plus any
17 hearing costs incurred by the Board and the Agency. Such
18 penalties shall be made payable to the Environmental
19 Protection Trust Fund, to be used in accordance with the
20 provisions of the Environmental Protection Trust Fund
21 Act; except that if a unit of local government issued the
22 administrative citation, 50% of the civil penalty shall
23 be payable to the unit of local government.
24 (5) Any person who violates subsection 6 of Section
25 39.5 of this Act or any CAAPP permit, or term or
26 condition thereof, or any fee or filing requirement, or
27 any duty to allow or carry out inspection, entry or
28 monitoring activities, or any regulation or order
29 relating to the CAAPP shall be liable for a civil penalty
30 not to exceed $10,000 per day of violation.
31 (6) A person who violates subsection (C) of Section
32 10 of this Act or a rule adopted by the Board under that
33 subsection shall pay a civil penalty of $50 for a first
34 violation, $100 for a second violation, and $500 for a
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1 third or subsequent violation. Where such actions are
2 brought before the Board, penalties shall be payable to
3 the Environmental Protection Trust Fund, to be used in
4 accordance with the provisions of the Environmental
5 Protection Trust Fund Act. Where such actions are
6 brought before the circuit court, penalties shall be
7 payable to the county in which the violation occurred.
8 (b.5) In lieu of the penalties set forth in subsections
9 (a) and (b) of this Section, any person who fails to file, in
10 a timely manner, a toxic chemical release form with the
11 Agency pursuant to Section 25b-2 of this Act shall be liable
12 for a civil penalty of $100 per day for each day the form is
13 late. This daily penalty shall begin accruing on the
14 thirty-first day after the date that the person receives the
15 warning notice issued by the Agency pursuant to Section 25b-6
16 of this Act; and the penalty shall be paid to the Agency. The
17 daily accrual of penalties shall cease as of January 1 of the
18 following year. All penalties collected by the Agency
19 pursuant to this subsection shall be deposited into the
20 Environmental Protection Permit and Inspection Fund.
21 (c) Any person that violates this Act, or an order or
22 other determination of the Board under this Act and causes
23 the death of fish or aquatic life shall, in addition to the
24 other penalties provided by this Act, be liable to pay to the
25 State an additional sum for the reasonable value of the fish
26 or aquatic life destroyed. Any money so recovered shall be
27 placed in the Wildlife and Fish Fund in the State Treasury.
28 (d) The penalties provided for in this Section may be
29 recovered in a civil action.
30 (e) The State's Attorney of the county in which the
31 violation occurred, or the Attorney General, may, at the
32 request of the Agency or on his own motion, institute a civil
33 action for an injunction to restrain violations of this Act.
34 (f) The State's Attorney of the county in which the
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1 violation occurred, or the Attorney General, shall bring such
2 actions in the name of the people of the State of Illinois.
3 Without limiting any other authority which may exist for the
4 awarding of attorney's fees and costs, the Board or a court
5 of competent jurisdiction may award costs and reasonable
6 attorney's fees, including the reasonable costs of expert
7 witnesses and consultants, to the State's Attorney or the
8 Attorney General in a case where he has prevailed against a
9 person who has committed a wilful, knowing or repeated
10 violation of the Act.
11 Any funds collected under this subsection (f) in which
12 the Attorney General has prevailed shall be deposited in the
13 Hazardous Waste Fund created in Section 22.2 of this Act. Any
14 funds collected under this subsection (f) in which a State's
15 Attorney has prevailed shall be retained by the county in
16 which he serves.
17 (g) All final orders imposing civil penalties pursuant
18 to this Section shall prescribe the time for payment of such
19 penalties. If any such penalty is not paid within the time
20 prescribed, interest on such penalty at the rate set forth in
21 subsection (a) of Section 1003 of the Illinois Income Tax
22 Act, shall be paid for the period from the date payment is
23 due until the date payment is received. However, if the time
24 for payment is stayed during the pendency of an appeal,
25 interest shall not accrue during such stay.
26 (h) In determining the appropriate civil penalty to be
27 imposed under subdivisions (a), (b)(1), (b)(2), (b)(3), or
28 (b)(5) of this Section, the Board is authorized to consider
29 any matters of record in mitigation or aggravation of
30 penalty, including but not limited to the following factors:
31 (1) the duration and gravity of the violation;
32 (2) the presence or absence of due diligence on the
33 part of the violator in attempting to comply with
34 requirements of this Act and regulations thereunder or to
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1 secure relief therefrom as provided by this Act;
2 (3) any economic benefits accrued by the violator
3 because of delay in compliance with requirements;
4 (4) the amount of monetary penalty which will serve
5 to deter further violations by the violator and to
6 otherwise aid in enhancing voluntary compliance with this
7 Act by the violator and other persons similarly subject
8 to the Act; and
9 (5) the number, proximity in time, and gravity of
10 previously adjudicated violations of this Act by the
11 violator.
12 (Source: P.A. 87-1213; 88-45; 88-106; 88-496; 88-670, eff.
13 12-2-94.)
14 Section 99. Effective date. This Act takes effect upon
15 becoming law.".