(220 ILCS 20/7)
(from Ch. 111 2/3, par. 557)
Penalties; action for penalties.
(a) Any person violating paragraph (a) of Section 6 of this Act or
rule or order issued under this Act is subject to a civil penalty not to
exceed the maximum penalties established by Section 60122(a)(1) of Title 49 of
the United States Code for each day the violation
persists. Such civil penalties do not apply to a violation with respect
to a pipeline facility in existence on the effective date of this Act
unless such violation persists one year from the effective date.
(b) Any civil penalty may be compromised by the Commission. In
determining the amount of the penalty, or the amount agreed upon in
compromise, the Commission shall consider the appropriateness of the
penalty to the size of the business of the person charged, the gravity of
the violation, and the good faith of the person charged in attempting to
achieve compliance, after notification of a violation. The amount of the
penalty when finally determined, or the amount agreed upon in compromise,
may be deducted from any sums owing by the State of Illinois to the person
charged or may be recovered in a civil action in accordance with paragraph
(c) of this Section 7.
(c) Actions to recover penalties under this Act shall be brought in the
name of the People of the State of Illinois in the circuit court in and for
the county in which the cause or some part thereof, arose or in which the
corporation complained of, if any, has its principal place of business or
in which the person, if any, complained of, resides. All penalties
recovered by the State in any action shall be paid into the general
fund of the State Treasury. The action shall be commenced and prosecuted
to final judgment by the Attorney General on behalf of the Commission. In
all such actions, the procedure and rules of evidence shall conform with
the Civil Practice Law and other rules of court governing civil
(d) In addition the Commission may proceed under Section 4-202 of the
Public Utilities Act, either by mandamus or injunction, to secure
compliance with its rules, regulations and orders issued under this Act.
(e) Any person penalized under this Section is not subject, for the same
cause, to any other penalty provided in the Public Utilities Act.
(Source: P.A. 91-814, eff. 6-13-00.)