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91_SB0763
LRB9101514ACtmA
1 AN ACT to amend the Environmental Protection Act by
2 changing Sections 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 10 and 42 as follows:
7 (415 ILCS 5/10) (from Ch. 111 1/2, par. 1010)
8 Sec. 10. Rules Regulations.
9 (A) The Board, pursuant to procedures prescribed in
10 Title VII of this Act, may adopt regulations to promote the
11 purposes of this Title. Without limiting the generality of
12 this authority, such regulations may among other things
13 prescribe:
14 (a) Ambient air quality standards specifying the
15 maximum permissible short-term and long-term
16 concentrations of various contaminants in the atmosphere;
17 (b) Emission standards specifying the maximum
18 amounts or concentrations of various contaminants that
19 may be discharged into the atmosphere;
20 (c) Standards for the issuance of permits for
21 construction, installation, or operation of any
22 equipment, facility, vehicle, vessel, or aircraft capable
23 of causing or contributing to air pollution or designed
24 to prevent air pollution;
25 (d) Standards and conditions regarding the sale,
26 offer, or use of any fuel, vehicle, or other article
27 determined by the Board to constitute an air pollution
28 air-pollution hazard;
29 (e) Alert and abatement standards relative to air
30 pollution air-pollution episodes or emergencies
31 constituting an acute danger to health or to the
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1 environment;
2 (f) Requirements and procedures for the inspection
3 of any equipment, facility, vehicle, vessel, or aircraft
4 that may cause or contribute to air pollution;
5 (g) Requirements and standards for equipment and
6 procedures for monitoring contaminant discharges at their
7 sources, the collection of samples and the collection,
8 reporting and retention of data resulting from such
9 monitoring.
10 (B) The Board shall adopt sulfur dioxide regulations and
11 emission standards for existing fuel combustion stationary
12 emission sources located in all areas of the State of
13 Illinois, except the Chicago, St. Louis (Illinois) and Peoria
14 major metropolitan areas, in accordance with the following
15 requirements:
16 (1) Such regulations shall not be more restrictive
17 than necessary to attain and maintain the "Primary
18 National Ambient Air Quality Standards for Sulfur
19 Dioxide" and within a reasonable time attain and maintain
20 the "Secondary National Ambient Air Quality Standards for
21 Sulfur Dioxide."
22 (2) Such regulations shall be based upon ambient
23 air quality monitoring data insofar as possible,
24 consistent with regulations of the United States
25 Environmental Protection Agency. To the extent that air
26 quality modeling techniques are used for setting
27 standards, such techniques shall be fully described and
28 documented in the record of the Board's rulemaking
29 proceeding.
30 (3) Such regulations shall provide a mechanism for
31 the establishment of emission standards applicable to a
32 specific site as an alternative to a more restrictive
33 general emission standard. The Board shall delegate
34 authority to the Agency to determine such specific site
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1 emission standards, pursuant to regulations adopted by
2 the Board.
3 (4) Such regulations and standards shall allow all
4 available alternative air quality control methods
5 consistent with federal law and regulations.
6 (C) (1) No later than December 1, 2000, The Board
7 may not adopt any regulation banning the burning of
8 landscape waste throughout the State generally. the Board
9 shall may, by rule, regulation, restrict or prohibit the
10 burning of landscape waste within any geographical area
11 of the State (i) that is classified as a moderate,
12 serious, severe, or extreme non-attainment area for ozone
13 under Section 181 of the federal Clean Air Act or (ii)
14 that is within an affected county as defined by the
15 Vehicle Emissions Inspection Law of 1995. Units of local
16 government that have, prior to December 1, 2000, adopted
17 ordinances or regulations relating to the burning of
18 landscape waste are exempt from the rules adopted by the
19 Board so long as the local ordinances or regulations
20 remain in effect. A unit of local government may at any
21 time amend or modify those ordinances or regulations and,
22 for purposes of this subdivision, the amendment or
23 modification shall not impact the effectiveness of the
24 ordinances or regulations.
25 (2) The Board may also adopt rules prohibiting the
26 burning of landscape waste in other geographical areas of
27 the State if it determines based on medical and
28 biological evidence generally accepted by the scientific
29 community that such burning will produce in the
30 atmosphere of that geographical area contaminants in
31 sufficient quantities and of such characteristics and
32 duration as to be injurious to human humans, plant, or
33 animal life, or health.
34 (3) Nothing in this Section shall be construed to
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1 prohibit the burning of landscape waste for agricultural
2 purposes (including but not limited to the burning of
3 landscape waste by production nurseries and the burning
4 of landscape waste generated on a farmstead), habitat
5 management purposes (including but not limited to forest
6 and prairie reclamation), or firefighter training
7 purposes.
8 (4) A home rule unit may not regulate the burning
9 of landscape waste in a manner inconsistent with the
10 regulation of burning of landscape waste by the State
11 under this Section, unless the home rule unit has, prior
12 to December 1, 2000, adopted ordinances or regulations
13 relating to the burning of landscape waste and those
14 ordinances or regulations remain in effect. A home rule
15 unit may at any time amend or modify those ordinances or
16 regulations and, for purposes of this subdivision, the
17 amendment or modification shall not impact the
18 effectiveness of the ordinances or regulations. This
19 Section is a limitation under subsection (i) of Section 6
20 of Article VII of the Illinois Constitution on the
21 concurrent exercise by home rule units of powers and
22 functions exercised by the State.
23 (D) The Board shall adopt regulations requiring the
24 owner or operator of a gasoline dispensing system that
25 dispenses more than 10,000 gallons of gasoline per month to
26 install and operate a system for the recovery of gasoline
27 vapor emissions arising from the fueling of motor vehicles
28 that meets the requirements of Section 182 of the federal
29 Clean Air Act (42 USC 7511a). These regulations shall apply
30 only in areas of the State that are classified as moderate,
31 serious, severe or extreme non-attainment areas for ozone
32 pursuant to Section 181 of the federal Clean Air Act (42 USC
33 7511), but shall not apply in such areas classified as
34 moderate non-attainment areas for ozone if the Administrator
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1 of the U.S. Environmental Protection Agency promulgates
2 standards for vehicle-based (onboard) systems for the control
3 of vehicle refueling emissions pursuant to Section 202(a)(6)
4 of the federal Clean Air Act (42 USC 7521(a)(6)) by November
5 15, 1992.
6 (E) The Board shall not adopt or enforce any regulation
7 requiring the use of a tarpaulin or other covering on a
8 truck, trailer, or other vehicle that is stricter than the
9 requirements of Section 15-109.1 of the Illinois Vehicle
10 Code. To the extent that it is in conflict with this
11 subsection, the Board's rule codified as 35 Ill. Admin. Code,
12 Section 212.315 is hereby superseded.
13 (F) Any person who prior to June 8, 1988, has filed a
14 timely Notice of Intent to Petition for an Adjusted RACT
15 Emissions Limitation and who subsequently timely files a
16 completed petition for an adjusted RACT emissions limitation
17 pursuant to 35 Ill. Adm. Code, Part 215, Subpart I, shall be
18 subject to the procedures contained in Subpart I but shall be
19 excluded by operation of law from 35 Ill. Adm. Code, Part
20 215, Subparts PP, QQ and RR, including the applicable
21 definitions in 35 Ill. Adm. Code, Part 211. Such persons
22 shall instead be subject to a separate regulation which the
23 Board is hereby authorized to adopt pursuant to the adjusted
24 RACT emissions limitation procedure in 35 Ill. Adm. Code,
25 Part 215, Subpart I. In its final action on the petition,
26 the Board shall create a separate rule which establishes
27 Reasonably Available Control Technology (RACT) for such
28 person. The purpose of this procedure is to create separate
29 and independent regulations for purposes of SIP submittal,
30 review, and approval by USEPA.
31 (G) Subpart FF of Subtitle B, Title 35 Ill. Adm. Code,
32 Sections 218.720 through 218.730 and Sections 219.720 through
33 219.730, are hereby repealed by operation of law and are
34 rendered null and void and of no force and effect.
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1 (Source: P.A. 88-381; 89-79, eff. 6-30-95.)
2 (415 ILCS 5/42) (from Ch. 111 1/2, par. 1042)
3 Sec. 42. Civil penalties.
4 (a) Except as provided in this Section, any person that
5 violates any provision of this Act or any regulation adopted
6 by the Board, or any permit or term or condition thereof, or
7 that violates any determination or order of the Board
8 pursuant to this Act, shall be liable to a civil penalty of
9 not to exceed $50,000 for the violation and an additional
10 civil penalty of not to exceed $10,000 for each day during
11 which the violation continues; such penalties may, upon order
12 of the Board or a court of competent jurisdiction, be made
13 payable to the Environmental Protection Trust Fund, to be
14 used in accordance with the provisions of the Environmental
15 Protection Trust Fund Act.
16 (b) Notwithstanding the provisions of subsection (a) of
17 this Section:
18 (1) Any person that violates Section 12(f) of this
19 Act or any NPDES permit or term or condition thereof, or
20 any filing requirement, regulation or order relating to
21 the NPDES permit program, shall be liable to a civil
22 penalty of not to exceed $10,000 per day of violation.
23 (2) Any person that violates Section 12(g) of this
24 Act or any UIC permit or term or condition thereof, or
25 any filing requirement, regulation or order relating to
26 the State UIC program for all wells, except Class II
27 wells as defined by the Board under this Act, shall be
28 liable to a civil penalty not to exceed $2,500 per day of
29 violation; provided, however, that any person who commits
30 such violations relating to the State UIC program for
31 Class II wells, as defined by the Board under this Act,
32 shall be liable to a civil penalty of not to exceed
33 $10,000 for the violation and an additional civil penalty
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1 of not to exceed $1,000 for each day during which the
2 violation continues.
3 (3) Any person that violates Sections 21(f), 21(g),
4 21(h) or 21(i) of this Act, or any RCRA permit or term or
5 condition thereof, or any filing requirement, regulation
6 or order relating to the State RCRA program, shall be
7 liable to a civil penalty of not to exceed $25,000 per
8 day of violation.
9 (4) In an administrative citation action under
10 Section 31.1 of this Act, any person found to have
11 violated any provision of subsection (o) or (p) of
12 Section 21 of this Act shall pay a civil penalty of $500
13 for each violation of each such provision, plus any
14 hearing costs incurred by the Board and the Agency. Such
15 penalties shall be made payable to the Environmental
16 Protection Trust Fund, to be used in accordance with the
17 provisions of the Environmental Protection Trust Fund
18 Act; except that if a unit of local government issued the
19 administrative citation, 50% of the civil penalty shall
20 be payable to the unit of local government.
21 (5) Any person who violates subsection 6 of Section
22 39.5 of this Act or any CAAPP permit, or term or
23 condition thereof, or any fee or filing requirement, or
24 any duty to allow or carry out inspection, entry or
25 monitoring activities, or any regulation or order
26 relating to the CAAPP shall be liable for a civil penalty
27 not to exceed $10,000 per day of violation.
28 (6) A person who violates a rule adopted by the
29 Board under subsection (C) of Section 10 shall pay a
30 civil penalty of $50 for a first violation, $100 for a
31 second violation, and $500 for a third or subsequent
32 violation. Where such actions are brought before the
33 Board, penalties shall be payable to the Environmental
34 Protection Trust Fund, to be used in accordance with the
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1 provisions of the Environmental Protection Trust Fund
2 Act. Where such actions are brought before the circuit
3 court, penalties shall be payable to the county in which
4 the violation occurred.
5 (b.5) In lieu of the penalties set forth in subsections
6 (a) and (b) of this Section, any person who fails to file, in
7 a timely manner, toxic chemical release forms with the Agency
8 pursuant to Section 25b-2 of this Act shall be liable for a
9 civil penalty of $100 per day for each day the forms are
10 late, not to exceed a maximum total penalty of $6,000. This
11 daily penalty shall begin accruing on the thirty-first day
12 after the date that the person receives the warning notice
13 issued by the Agency pursuant to Section 25b-6 of this Act;
14 and the penalty shall be paid to the Agency. The daily
15 accrual of penalties shall cease as of January 1 of the
16 following year. All penalties collected by the Agency
17 pursuant to this subsection shall be deposited into the
18 Environmental Protection Permit and Inspection Fund.
19 (c) Any person that violates this Act, or an order or
20 other determination of the Board under this Act and causes
21 the death of fish or aquatic life shall, in addition to the
22 other penalties provided by this Act, be liable to pay to the
23 State an additional sum for the reasonable value of the fish
24 or aquatic life destroyed. Any money so recovered shall be
25 placed in the Wildlife and Fish Fund in the State Treasury.
26 (d) The penalties provided for in this Section may be
27 recovered in a civil action.
28 (e) The State's Attorney of the county in which the
29 violation occurred, or the Attorney General, may, at the
30 request of the Agency or on his own motion, institute a civil
31 action for an injunction to restrain violations of this Act.
32 (f) The State's Attorney of the county in which the
33 violation occurred, or the Attorney General, shall bring such
34 actions in the name of the people of the State of Illinois.
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1 Without limiting any other authority which may exist for the
2 awarding of attorney's fees and costs, the Board or a court
3 of competent jurisdiction may award costs and reasonable
4 attorney's fees, including the reasonable costs of expert
5 witnesses and consultants, to the State's Attorney or the
6 Attorney General in a case where he has prevailed against a
7 person who has committed a wilful, knowing or repeated
8 violation of the Act.
9 Any funds collected under this subsection (f) in which
10 the 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
16 to 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
20 Act, shall be paid for the period from the date payment is
21 due until the date payment is received. However, if the time
22 for payment is stayed during the pendency of an appeal,
23 interest shall not 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), or
26 (b)(5) of this Section, the Board is authorized to consider
27 any matters of record in mitigation or aggravation of
28 penalty, including but not limited to the following factors:
29 (1) the duration and gravity of the violation;
30 (2) the presence or absence of due diligence on the
31 part of the violator in attempting to comply with
32 requirements of this Act and regulations thereunder or to
33 secure relief therefrom as provided by this Act;
34 (3) any economic benefits accrued by the violator
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1 because of delay in compliance with requirements;
2 (4) the amount of monetary penalty which will serve
3 to deter further violations by the violator and to
4 otherwise aid in enhancing voluntary compliance with this
5 Act by the violator and other persons similarly subject
6 to the Act; and
7 (5) the number, proximity in time, and gravity of
8 previously adjudicated violations of this Act by the
9 violator.
10 (Source: P.A. 90-773, eff. 8-14-98.)