TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 1846 INDIVIDUAL CIVIL PENALTIES
SECTION 1846.5 DEFINITIONS


 

Section 1846.5  Definitions

 

For purposes of this Part:

 

a)         Knowingly means that an individual knew or had reason to know in authorizing, ordering or carrying out an act or omission on the part of a corporate permittee that such act or omission constituted a violation, failure or refusal.

 

b)         Violation, failure or refusal means -

 

1)         A violation of a condition of a permit issued pursuant to Section 2.01 of the State Act (Ill. Rev. Stat. 1987, ch. 96½, par. 7902.01); or

 

2)         A failure or refusal to comply with any order issued under Section 8.06 of the State Act (Ill. Rev. Stat. 1987, ch. 96½, par. 7908.06), or any order incorporated in a final decision issued by the Department under the State Act, except an order incorporated in a decision issued under Section 8.06(b) of the State Act (Ill. Rev. Stat. 1987, ch 96½, par. 7908.06(b)).

 

c)         Willfully means that an individual acted -

 

1)         Either intentionally, voluntarily, or consciously, and

 

2)         With intentional disregard or plain indifference to legal requirements in authorizing, ordering or carrying out a corporate permittee's action or omission that constituted a violation, failure or refusal.