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91_HB4466
LRB9109277JSpc
1 AN ACT to amend the Illinois Gas Pipeline Safety Act by
2 changing Section 7.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Gas Pipeline Safety Act is
6 amended by changing Section 7 as follows:
7 (220 ILCS 20/7) (from Ch. 111 2/3, par. 557)
8 Sec. 7. Penalties; action for penalties.
9 (a) Any person violating paragraph (a) of Section 6 of
10 this Act or any rule or order issued under this Act is
11 subject to a civil penalty not to exceed the maximum
12 penalties established by Section 60122(a)(1) of Title 49 of
13 the United States Code of not more than $10,000 for each
14 violation for each day the violation persists. The maximum
15 civil penalty may not exceed $500,000 for any related series
16 of violations. Such civil penalties do not apply to a
17 violation with respect to a pipeline facility in existence on
18 the effective date of this Act unless such violation persists
19 one year from the effective date.
20 (b) Any civil penalty may be compromised by the
21 Commission. In determining the amount of the penalty, or the
22 amount agreed upon in compromise, the Commission shall
23 consider the appropriateness of the penalty to the size of
24 the business of the person charged, the gravity of the
25 violation, and the good faith of the person charged in
26 attempting to achieve compliance, after notification of a
27 violation. The amount of the penalty when finally determined,
28 or the amount agreed upon in compromise, may be deducted from
29 any sums owing by the State of Illinois to the person charged
30 or may be recovered in a civil action in accordance with
31 paragraph (c) of this Section 7.
-2- LRB9109277JSpc
1 (c) Actions to recover penalties under this Act shall be
2 brought in the name of the People of the State of Illinois in
3 the circuit court in and for the county in which the cause or
4 some part thereof, arose or in which the corporation
5 complained of, if any, has its principal place of business or
6 in which the person, if any, complained of, resides. All
7 penalties recovered by the State in any action shall be paid
8 into the general fund of the State Treasury. The action shall
9 be commenced and prosecuted to final judgment by the Attorney
10 General on behalf of the Commission. In all such actions, the
11 procedure and rules of evidence shall conform with the Civil
12 Practice Law and other rules of court governing civil trials.
13 (d) In addition the Commission may proceed under Section
14 4-202 10-204 of the Public Utilities Act, either by mandamus
15 or injunction, to secure compliance with its rules,
16 regulations and orders issued under this Act.
17 (e) Any person penalized under this Section is not
18 subject, for the same cause, to any other penalty provided in
19 the Public Utilities Act.
20 (Source: P.A. 87-1092.)
21 Section 99. Effective date. This Act takes effect upon
22 becoming law.