(225 ILCS 725/8a)
(from Ch. 96 1/2, par. 5413)
When an inspector or other authorized employee or agent of the
Department determines that any permittee, or any person engaged in conduct
or activities required to be permitted under this Act, is in violation of
any requirement of this Act or the rules adopted hereunder or any permit
or has falsified or otherwise misstated any information on or relative to any application, permit, required record, or other document required to be submitted to the Department by this Act or any rules or procedures adopted under this Act,
a notice of violation shall be completed and delivered to the
Director or his designee.
The notice shall contain:
1. the nature of the violation;
2. the action needed to abate the violation,
including any appropriate remedial measures to prevent future violation such as replacement, repair, testing and reworking a well and any appurtenances and equipment;
3. the time within which the violation is to be
4. any factors known to the person completing the
notice of violation in aggravation or mitigation and the existence of any factors indicating that the permit should be conditioned or modified.
Upon receipt of a notice of violation, the Director shall conduct his
investigation and may affirm, vacate or modify the notice of violation. In
determining whether to take actions in addition to remedial action
necessary to abate a violation, the Director shall consider the person's or
permittee's history of previous violations including violations at other
locations and under other permits, the seriousness of the violation
including any irreparable harm to the environment or damage to property,
the degree of culpability of the person or permittee and the existence of
any additional conditions or factors in aggravation or mitigation including
information provided by the person or permittee.
The Director shall serve the person or permittee with his decision
at the conclusion of the investigation.
Modification of the notice
of violation may include:
1. any different or additional remedial action
required to abate the violation and the time within which the violation must be abated;
2. the assessment of civil penalties not to exceed
$5,000 for each and every falsification or misstatement of information and $1,000 a day for each and every act of violation not including a falsification or misstatement of information;
3. probationary or permanent modification or
conditions on the permit which may include special monitoring or reporting requirements; and
4. revocation of the permit.
The Director's decision shall provide that the person or permittee has
the right to request a hearing.
The Director's decision affirming, vacating or modifying the notice of
violation shall be considered served when mailed by first class mail to the person or permittee at his
last known address.
A person or permittee shall have 30 days from the date of service of the
Director's decision to request a hearing. If the Director's decision
includes the assessment of a civil penalty, the person or permittee charged
with the penalty shall pay the penalty in full or, if the person or
permittee wishes to contest either the amount of the penalty or the fact of
the violation, submit the assessed amount, with the request for a hearing,
to be held in escrow. The filing of a request for a hearing shall not
operate as a stay of the Director's decision. All civil penalties finally
assessed and paid to the Department shall be deposited in the Underground
Resources Conservation Enforcement Fund.
Any person who willfully or knowingly authorized, ordered, or carried out
any violation cited in the Director's decision shall be subject to the same
actions, including civil penalties, which may be imposed on the person or
permittee under this Section.
Upon receipt of a request, the Department shall provide an
opportunity for a formal hearing upon not less than 5 days notice. The
hearing shall be conducted by the Director or anyone designated by him for
such purpose, and shall be located and conducted in accordance with the rules
Department. Failure of the person or permittee to timely request a hearing
or, if a civil penalty has been assessed, to timely tender the assessed civil
shall constitute a waiver of all legal rights to contest the Director's
decision, including the amount of any civil penalty. Within 30 days of
the close of the hearing record or expiration of the time to request a
hearing, the Department shall issue a final administrative order.
If, at the expiration of the period of time originally fixed in the
Director's decision or in any subsequent extension of time granted by the
Department, the Department finds that the violation has not been abated, it
may immediately order the cessation of operations
or the portions thereof relevant to the violation. Such cessation order
shall be served in the manner and within the time prescribed in Section
19.1 of this Act.
Pending the holding of any hearing or entry of a final administrative
order under this Section, the person or permittee to whom the cessation
order was issued may file a written request for temporary relief subject to
the same terms and conditions as are provided for in Section 19.1 of this Act.
If the Department finds that a person or permittee has failed to comply
with a final administrative order, the Department may immediately order the
cessation of operations or the portions thereof relevant to the final
administrative order. Such cessation order shall be served in the manner
and within the time prescribed in Section 19.1 of this Act. The
Department shall commence a hearing within 5 days after issuance of a
cessation order and shall conclude such hearing without appreciable delay.
At the hearing the Department shall have the burden of proving that the
person or permittee has not complied with the final administrative order.
A cessation order issued under this paragraph shall continue in effect
until modified, vacated, or terminated by the Department.
The Department shall refuse to issue a permit or permits,
and shall revoke any permit or permits previously issued
(1) the applicant has falsified or otherwise
misstated any information on or relative to the permit application;
(2) the applicant has failed to abate a violation of
the Act specified in a final administrative decision of the Department;
(3) an officer, director, partner, or person with an
interest in the applicant exceeding 5% failed to abate a violation of the Act specified in a final administrative decision of the Department; or
(4) the applicant is an officer, director, partner,
or person with an interest exceeding 5% in another entity that has failed to abate a violation of the Act specified in a final administrative decision of the Department.
(Source: P.A. 99-137, eff. 1-1-16