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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
ENVIRONMENTAL SAFETY (415 ILCS 5/) Environmental Protection Act. 415 ILCS 5/40
(415 ILCS 5/40) (from Ch. 111 1/2, par. 1040)
Sec. 40. Appeal of permit denial.
(a)(1) If the Agency refuses to grant or grants with conditions a permit
under Section 39 of this Act, the applicant may, within 35 days after the
date on which the Agency served its decision on the applicant, petition for
a hearing before the Board to contest the decision of the Agency. However,
the 35-day period for petitioning for a hearing may be extended for an
additional period of time not to exceed 90 days by written notice
provided to the Board from the applicant and the Agency within the initial
appeal period. The Board shall give 21 days' notice to any person in the
county where is located the facility in issue who has requested notice of
enforcement proceedings and to each member of the General Assembly in whose
legislative district that installation or property is located; and shall
publish that 21-day notice in a newspaper of general circulation in that
county. The Agency shall appear as respondent in such hearing. At such
hearing the rules prescribed in Section 32 and subsection (a) of Section 33 of
this Act shall apply, and the burden of proof shall be on the petitioner. If,
however, the Agency issues an NPDES permit that imposes limits which are based
upon a criterion or denies a permit based upon application of a criterion,
then the Agency shall have the burden of going forward with the basis for
the derivation of those limits or criterion which were derived under the
Board's rules.
(2) Except as provided in paragraph (a)(3), if there is no final action by
the Board within 120 days after the date on which it received the petition,
the petitioner may deem the permit issued under this Act, provided,
however, that that period of 120 days shall not run for any period of time,
not to exceed 30 days, during which the Board is without sufficient membership
to constitute the quorum required by subsection (a) of Section 5 of this Act,
and provided further that such 120 day period shall not be stayed for lack of
quorum beyond 30 days regardless of whether the lack of quorum exists at the
beginning of such 120-day period or occurs during the running of such 120-day
period.
(3) Paragraph (a)(2) shall not apply to any permit which is subject
to subsection (b), (d) or (e) of Section 39. If there is no final action by
the Board within 120 days after the date on which it received the petition,
the petitioner shall be entitled to an Appellate Court order pursuant to
subsection (d) of Section 41 of this Act.
(b) If the Agency grants a RCRA permit for a hazardous waste disposal site,
a third party, other than the permit applicant or Agency, may, within 35
days after the date on which the Agency issued its decision, petition the
Board for a hearing to contest the issuance of the permit.
Unless the Board determines that such petition is duplicative or frivolous, or that the petitioner is so located as to
not be affected by the permitted facility, the Board shall hear the
petition in accordance with the terms of subsection (a) of this Section
and its procedural rules governing denial appeals, such hearing to be
based exclusively on the record before the Agency. The burden of proof
shall be on the petitioner. The Agency and the permit applicant shall
be named co-respondents.
The provisions of this subsection do not apply to the granting of permits
issued for the disposal or utilization of sludge from publicly owned sewage
works.
(c) Any party to an Agency proceeding conducted pursuant to Section
39.3 of this Act may petition as of right to the Board for review of the
Agency's decision within 35 days from the date of issuance of the Agency's
decision, provided that such appeal is not duplicative
or frivolous.
However, the 35-day period for petitioning for a hearing may be extended
by the applicant for a period of time not to exceed 90 days by written notice
provided to the Board from the applicant and the Agency within the initial
appeal period. If another person with standing to appeal wishes to obtain
an extension, there must be a written notice provided to the Board by that
person, the Agency, and the applicant, within the initial appeal period.
The decision of the Board shall be based exclusively on the record compiled
in the Agency proceeding. In other respects the Board's review shall be
conducted in accordance with subsection (a) of this Section and the Board's
procedural rules governing permit denial appeals.
(d) In reviewing the denial or any condition of a NA NSR permit issued by the
Agency pursuant to rules and regulations adopted under subsection (c)
of Section 9.1 of this Act, the decision of the Board
shall be based exclusively on the record before the Agency including the
record of the hearing, if any, unless the parties agree to supplement the record. The Board shall, if
it finds the Agency is in error, make a final determination as to the
substantive limitations of the permit including a final determination of
Lowest Achievable Emission Rate.
(e)(1) If the Agency grants or denies a permit under subsection (b) of
Section 39 of this Act, a third party, other than the permit applicant or
Agency, may petition the Board within 35 days from the date of issuance of
the Agency's decision, for a hearing to contest the decision of the Agency.
(2) A petitioner shall include the following within a petition submitted
under subdivision (1) of this subsection:
(A) a demonstration that the petitioner raised the | | issues contained within the petition during the public notice period or during the public hearing on the NPDES permit application, if a public hearing was held; and
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(B) a demonstration that the petitioner is so
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(3) If the Board determines that the petition is not duplicative or frivolous and contains a satisfactory demonstration under
subdivision (2) of this subsection, the Board shall hear the petition (i) in
accordance with the terms of subsection (a) of this Section and its procedural
rules governing permit denial appeals and (ii) exclusively on the basis of the
record before the Agency. The burden of proof shall be on the petitioner.
The Agency and permit applicant shall be named co-respondents.
(f) Any person who files a petition to contest the issuance of a
permit by the Agency shall pay a filing fee.
(g) If the Agency grants or denies a permit under subsection (y) of Section 39, a third party, other than the permit applicant or Agency, may appeal the Agency's decision as provided under federal law for CCR surface impoundment permits.
(Source: P.A. 101-171, eff. 7-30-19; 102-558, eff. 8-20-21.)
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415 ILCS 5/40.1
(415 ILCS 5/40.1) (from Ch. 111 1/2, par. 1040.1)
Sec. 40.1.
Appeal of siting approval.
(a) If the county board or the governing body of the municipality,
as determined by paragraph (c) of Section 39 of this Act, refuses to grant
or grants with conditions approval under Section 39.2 of this Act, the
applicant may, within 35 days after the date on which the local siting
authority disapproved or conditionally approved siting, petition for a
hearing before the Board to contest the decision of the county
board or the governing body of the municipality. The Board shall publish
21 day notice of the hearing on the appeal in a newspaper of general
circulation published in that county. The county board or governing
body of the municipality shall appear as respondent in such hearing, and
such hearing shall be based exclusively on the record before the county
board or the governing body of the municipality. At such hearing the rules
prescribed in Sections 32 and 33 (a) of this Act shall apply, and the burden
of proof shall be on the petitioner; however, no new or additional evidence
in support of or in opposition to any finding, order, determination or decision
of the appropriate county board or governing body of the municipality shall
be heard by the Board. In making its orders and determinations under this
Section the Board shall include in its consideration the written decision
and reasons for the decision of the county board or the governing body of
the municipality, the transcribed record of the hearing held pursuant to
subsection (d) of Section 39.2, and the fundamental fairness of the
procedures used by the county board or the governing body of the
municipality in reaching its decision. The Board shall transmit a copy of
its decision to the office of the county board or governing body of the
municipality where it shall be available for public inspection and copied
upon payment of the actual cost of reproduction. If there is no final
action by the Board within 120 days after the date on which it received
the petition, the petitioner may deem the site location approved;
provided, however, that that period of 120 days shall not run for
any period of time, not to exceed 30 days, during which the Board is
without sufficient membership to constitute the quorum required by
subsection (a) of Section 5 of this Act, and provided further, that such
120 day period shall not be stayed for lack of quorum beyond 30 days
regardless of whether the lack of quorum exists at the beginning of such
120 day period or occurs during the running of such 120 day period.
(b) If the county board or the governing body of the municipality as
determined by paragraph (c) of Section 39 of this Act, grants approval under
Section 39.2 of this Act, a third party other than the applicant who
participated in the public hearing conducted by the county board or governing
body of the municipality may, within 35 days after
the date on which the local siting authority granted siting approval, petition
the Board for a hearing to contest the approval of the county board or the
governing body of the municipality. Unless the Board determines that such
petition is duplicative or frivolous, or that the
petitioner is so located as to not be affected by the proposed facility,
the Board shall hear the petition in accordance with the terms of subsection
(a) of this Section and its procedural rules governing denial appeals, such
hearing to be based exclusively on the record before county board or the
governing body of the municipality. The burden of proof shall be on the
petitioner. The county board or the governing body of the municipality
and the applicant shall be named as co-respondents.
The Board shall transmit a copy of its decision to the office of the
county board or governing body of the municipality where it shall be
available for public inspection and may be copied upon payment of the
actual cost of reproduction.
(c) Any person who files a petition to contest a decision of the
county board or governing body of the municipality shall pay a filing fee.
(Source: P.A. 92-574, eff. 6-26-02.)
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415 ILCS 5/40.2
(415 ILCS 5/40.2) (from Ch. 111 1/2, par. 1040.2)
Sec. 40.2. Application of review process.
(a) Subsection (a) of Section 40 does not apply to any permit which is
subject to Section 39.5. If the Agency refuses to grant or grants with
conditions a CAAPP permit, makes a determination of incompleteness regarding a
submitted CAAPP application, or fails to act on an application for a CAAPP
permit, permit renewal, or permit revision within the time specified in
paragraph 5(j) of Section 39.5 of this Act, the applicant, any person who
participated in the public comment process pursuant to subsection 8 of Section
39.5 of this Act, or any other person who could obtain judicial review pursuant
to Section 41(a) of this Act, may,
within 35 days after final permit action, petition for a hearing before the
Board to contest the decision of the Agency. However, the 35-day period for
petitioning for a hearing may be extended by the applicant for an
additional period of time not to exceed 90 days by written notice
provided to the Board from the applicant and the Agency within the
initial appeal period. If another person with standing to appeal wishes to
obtain an extension, there must be a written notice provided to the Board by
that person, the Agency, and the applicant, within the initial appeal period.
Notwithstanding the preceding requirements, petitions for a
hearing before the Board under this subsection may be filed after the 35-day
period, only if such petitions are based solely on grounds arising after the
35-day period expires. Such petitions shall be filed within 35 days after the
new grounds for review arise. If the final permit action being challenged is
the Agency's failure to take final action, a petition for a hearing before the
Board shall be filed before the Agency denies or issues the final permit.
The Agency shall appear as respondent in such hearing. At such hearing the
rules prescribed in Sections 32 and 33(a) of this Act shall apply, and the
burden of proof shall be on the petitioner.
(b) The Agency's failure to take final action within 90 days of receipt of
an application requesting minor permit modification procedures (or 180 days for
modifications subject to group processing requirements), pursuant to subsection
14 of Section 39.5, will be subject to this Section and Section 41 of this Act.
(c) If there is no final action by the Board within 120 days after the
date on which it received the petition, the permit shall not be deemed
issued; rather, the petitioner shall be entitled to an Appellate Court order
pursuant to Section 41(d) of this Act. The period of 120 days shall not
run for any period of time, not to exceed 30 days, during which the Board is
without sufficient membership to constitute the quorum required by subsection
(a) of Section 5 of this Act; the 120 day period shall not be stayed for
lack of quorum beyond 30 days, regardless of whether the lack of quorum exists
at the beginning of the 120 day period or occurs during the running of the
120 day period.
(d) Any person who files a petition to contest the final permit action by
the Agency under this Section shall pay a filing fee.
(e) The Agency shall notify USEPA, in writing, of any petition for hearing
brought under this Section involving a provision or denial of a Phase II acid
rain permit within 30 days of the filing of the petition. USEPA may intervene
as a matter of right in any such hearing. The Agency shall notify USEPA, in
writing, of any determination or order in a hearing brought under this Section
that interprets, voids, or otherwise relates to any portion of a Phase II acid
rain permit.
(f) If requested by the applicant, the Board may stay the effectiveness of any final Agency action identified in subsection (a) of this Section during the pendency of the review process. If requested by the applicant, the Board shall stay the effectiveness of all the contested conditions of a CAAPP permit. The Board may stay the effectiveness of any or all uncontested conditions if the Board determines that the uncontested conditions would be affected by its review of contested conditions. If the Board stays any, but not all, conditions, then the applicant shall continue to operate in accordance with any related terms and conditions of any other applicable permits until final Board action in the review process. If the Board stays all conditions, then the applicant shall continue to operate in accordance with all related terms and conditions of any other applicable permits until final Board action in the review process. Any stays granted by the Board shall be deemed effective upon the date of final Agency action appealed by the applicant under this subsection (f). Subsection (b) of Section 10-65 of the Illinois Administrative Procedure Act shall not apply to actions under this subsection. (Source: P.A. 96-934, eff. 6-21-10.)
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415 ILCS 5/40.3 (415 ILCS 5/40.3) Sec. 40.3. Review process for PSD permits. (a) (1) Subsection (a) of Section 40 does not apply to any PSD permit that is subject to subsection (c) of Section 9.1 of this Act. If the Agency refused to grant or grants with conditions a PSD permit, the applicant may, within 35 days after final permit action, petition for a hearing before the Board to contest the decision of the Agency. If the Agency fails to act on an application for a PSD permit within the time frame specified in paragraph (3) of subsection (f) of Section 39 of this Act, the applicant may, before the Agency denies or issues the final permit, petition for a hearing before the Board to compel the Agency to act on the application in a time that is deemed reasonable. (2) Any person who participated in the public comment process and is either aggrieved or has an interest that is or may be adversely affected by the PSD permit may, within 35 days after final permit action, petition for a hearing before the Board to contest the decision of the Agency. If the petitioner failed to participate in the public comment process, the person may still petition for a hearing, but only upon issues where the final permit conditions reflect changes from the proposed draft permit. The petition shall: (i) include such facts as necessary to demonstrate that the petitioner is aggrieved or has an interest that is or may be adversely affected; (ii) state the issues proposed for review, citing to the record where those issues were raised or explaining why such issues were not required to be raised during the public comment process; and (iii) explain why the Agency's previous response, if any, to those issues is (A) clearly erroneous or (B) an exercise of discretion or an important policy consideration that the Board should, in its discretion, review. The Board shall hold a hearing upon a petition to contest the decision of the Agency under this paragraph (a)(2) unless the request is determined by the Board to be frivolous or to lack facially adequate factual statements required in this paragraph (a)(2). The Agency shall appear as respondent in any hearing pursuant to this subsection (a). At such hearing the rules prescribed in Section 32 and subsection (a) of Section 33 of this Act shall apply, and the burden of proof shall be on the petitioner. (b) If there is no final action by the Board within 120 days after the date on which it received the petition, the PSD permit shall not be deemed issued; rather, any party shall be entitled to an Appellate Court order pursuant to subsection (d) of Section 41 of this Act. This period of 120 days shall not run for any period of time, not to exceed 30 days, during which the Board is without sufficient membership to constitute the quorum required by subsection (a) of Section 5 of this Act. The 120-day period shall not be stayed for lack of quorum beyond 30 days, regardless of whether the lack of quorum exists at the beginning of the 120-day period or occurs during the running of the 120-day period. (c) Any person who files a petition to contest the final permit action by the Agency under this Section shall pay the filing fee for petitions for review of permit set forth in Section 7.5. (d)(1) In reviewing the denial or any condition of a PSD permit issued by the Agency pursuant to rules adopted under subsection (c) of Section 9.1 of this Act, the decision of the Board shall be based exclusively on the record before the Agency unless the parties agree to supplement the record. (2) If requested by the applicant, the Board may stay the effectiveness of any final Agency action on a PSD permit application identified in subsection (f) of Section 39 of this Act during the pendency of the review process. In such cases, the Board shall stay the effectiveness of all the contested conditions of the PSD permit and may stay the effectiveness of any or all uncontested conditions only if the Board determines that the uncontested conditions would be affected by its review of contested conditions. Any stays granted by the Board shall be deemed effective upon the date of final Agency action appealed by the applicant under this subsection (d). Subsection (b) of Section 10-65 of the Illinois Administrative Procedure Act shall not apply to actions under this subsection (d). (3) If requested by a party other than the applicant, the Board may stay the effectiveness of any final Agency action on a PSD permit application identified in subsection (f) of Section 39 of this Act during the pendency of the review process. In such cases, the Board may stay the effectiveness of all the contested conditions of the PSD permit and may stay the effectiveness of any or all uncontested conditions only if the Board determines that the uncontested conditions would be affected by its review of contested conditions. The party requesting the stay has the burden of demonstrating the following: (i) that an immediate stay is required in order to preserve the status quo without endangering the public, (ii) that it is not contrary to public policy, and (iii) that there is a reasonable likelihood of success on the merits. Any stays granted by the Board shall be deemed effective upon the date of final Agency action appealed under this subsection (d) and shall remain in effect until a decision is issued by the Board on the petition. Subsection (b) of Section 10-65 of the Illinois Administrative Procedure Act shall not apply to actions under this paragraph.
(Source: P.A. 99-463, eff. 1-1-16 .) |
415 ILCS 5/Tit. XI
(415 ILCS 5/Tit. XI heading)
TITLE XI:
JUDICIAL REVIEW
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415 ILCS 5/41
(415 ILCS 5/41) (from Ch. 111 1/2, par. 1041)
Sec. 41. Judicial review.
(a) Any party to a Board hearing, any person who filed a complaint on which
a hearing was denied, any person who has been denied a variance or permit under
this Act, any party adversely affected by a final order or determination of the
Board, and any person who participated in the public comment process under
subsection (8) of Section 39.5 of this Act may obtain judicial review, by
filing a petition for review within 35 days from the date that a copy of the
order or other final action sought to be reviewed was served upon the party
affected by the order or other final Board action complained of, under the
provisions of the Administrative Review Law, as amended and the rules adopted
pursuant thereto, except that review shall be afforded directly in the
Appellate Court for the District in which the cause of action arose and not in
the Circuit Court. For purposes of this subsection (a), the date of service of the Board's final order is the date on which the party received a copy of the order from the Board. Review of any rule or regulation promulgated by the Board
shall not be limited by this Section but may also be had as provided in Section
29 of this Act.
(b) Any final order of the Board under this Act shall be based solely
on the evidence in the record of the particular proceeding involved, and
any such final order for permit appeals, enforcement actions and variance
proceedings, shall be invalid if it is against the manifest weight of the
evidence. Notwithstanding this subsection, the Board may include such
conditions in granting a variance and may adopt such rules and regulations
as the policies of this Act may require. If an objection is made to a
variance condition, the board shall reconsider the condition within not
more than 75 days from the date of the objection.
(c) No challenge to the validity of a Board order shall be made in any
enforcement proceeding under Title XII of this Act as to any issue that
could have been raised in a timely petition for review under this Section.
(d) If there is no final action by the Board within 120 days on a request
for a variance which is subject to subsection (c) of Section 38 or a permit
appeal which is subject to paragraph (a) (3) of Section 40 or paragraph
(d) of Section 40.2 or Section 40.3, the petitioner shall be entitled to an Appellate Court
order under this subsection. If a hearing is required under this Act and was
not held by the Board, the Appellate Court shall order the Board to conduct
such a hearing, and to make a decision within 90 days from the date of the
order. If a hearing was held by the Board, or if a hearing is not required
under this Act and was not held by the Board, the Appellate Court shall order
the Board to make a decision within 90 days from the date of the order.
The Appellate Court shall retain jurisdiction during the pendency of any
further action conducted by the Board under an order by the Appellate Court.
The Appellate Court shall have jurisdiction to review all issues of law and
fact presented upon appeal.
(e) This Section does not apply to orders entered by the Board pursuant to Section 38.5 of this Act. Final orders entered by the Board pursuant to Section 38.5 of this Act are subject to judicial review under subsection (j) of that Section. Interim orders entered by the Board pursuant to Section 38.5 are not subject to judicial review under this Section or Section 38.5. (Source: P.A. 99-463, eff. 1-1-16; 99-934, eff. 1-27-17; 99-937, eff. 2-24-17; 100-863, eff. 8-14-18.)
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415 ILCS 5/Tit. XII
(415 ILCS 5/Tit. XII heading)
TITLE XII:
PENALTIES
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415 ILCS 5/42 (415 ILCS 5/42) (from Ch. 111 1/2, par. 1042) Sec. 42. Civil penalties. (a) Except as provided in this Section, any person that violates any
provision of this Act or any regulation adopted by the Board, or any permit
or term or condition thereof, or that violates any order of the Board pursuant
to this Act, shall be liable for a civil penalty of not to exceed
$50,000 for the violation and an additional civil penalty of not to exceed
$10,000 for each day during which the violation continues; such penalties may,
upon order of the Board or a court of competent jurisdiction, be made payable
to the Environmental Protection Trust Fund, to be used in accordance with the
provisions of the Environmental Protection Trust Fund Act. (b) Notwithstanding the provisions of subsection (a) of this Section: (1) Any person that violates Section 12(f) of this | | Act or any NPDES permit or term or condition thereof, or any filing requirement, regulation or order relating to the NPDES permit program, shall be liable to a civil penalty of not to exceed $10,000 per day of violation.
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| (2) Any person that violates Section 12(g) of this
| | Act or any UIC permit or term or condition thereof, or any filing requirement, regulation or order relating to the State UIC program for all wells, except Class II wells as defined by the Board under this Act, shall be liable to a civil penalty not to exceed $2,500 per day of violation; provided, however, that any person who commits such violations relating to the State UIC program for Class II wells, as defined by the Board under this Act, shall be liable to a civil penalty of not to exceed $10,000 for the violation and an additional civil penalty of not to exceed $1,000 for each day during which the violation continues.
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| (3) Any person that violates Sections 21(f), 21(g),
| | 21(h) or 21(i) of this Act, or any RCRA permit or term or condition thereof, or any filing requirement, regulation or order relating to the State RCRA program, shall be liable to a civil penalty of not to exceed $25,000 per day of violation.
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| (4) In an administrative citation action under
| | Section 31.1 of this Act, any person found to have violated any provision of subsection (o) of Section 21 of this Act shall pay a civil penalty of $500 for each violation of each such provision, plus any hearing costs incurred by the Board and the Agency. Such penalties shall be made payable to the Environmental Protection Trust Fund, to be used in accordance with the provisions of the Environmental Protection Trust Fund Act; except that if a unit of local government issued the administrative citation, 50% of the civil penalty shall be payable to the unit of local government.
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| (4-5) In an administrative citation action under
| | Section 31.1 of this Act, any person found to have violated any provision of subsection (p) of Section 21, Section 22.38, Section 22.51, Section 22.51a, or subsection (k) of Section 55 of this Act shall pay a civil penalty of $1,500 for each violation of each such provision, plus any hearing costs incurred by the Board and the Agency, except that the civil penalty amount shall be $3,000 for each violation of any provision of subsection (p) of Section 21, Section 22.38, Section 22.51, Section 22.51a, or subsection (k) of Section 55 that is the person's second or subsequent adjudication violation of that provision. The penalties shall be deposited into the Environmental Protection Trust Fund, to be used in accordance with the provisions of the Environmental Protection Trust Fund Act; except that if a unit of local government issued the administrative citation, 50% of the civil penalty shall be payable to the unit of local government.
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| (5) Any person who violates subsection 6 of Section
| | 39.5 of this Act or any CAAPP permit, or term or condition thereof, or any fee or filing requirement, or any duty to allow or carry out inspection, entry or monitoring activities, or any regulation or order relating to the CAAPP shall be liable for a civil penalty not to exceed $10,000 per day of violation.
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| (6) Any owner or operator of a community water system
| | that violates subsection (b) of Section 18.1 or subsection (a) of Section 25d-3 of this Act shall, for each day of violation, be liable for a civil penalty not to exceed $5 for each of the premises connected to the affected community water system.
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| (7) Any person who violates Section 52.5 of this Act
| | shall be liable for a civil penalty of up to $1,000 for the first violation of that Section and a civil penalty of up to $2,500 for a second or subsequent violation of that Section.
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| (b.5) In lieu of the penalties set forth in subsections (a) and (b) of
this Section, any person who fails to file, in a timely manner, toxic
chemical release forms with the Agency pursuant to Section 25b-2
of this Act
shall be liable for a civil penalty of $100 per day for
each day the forms are
late, not to exceed a maximum total penalty of $6,000. This daily penalty
shall begin accruing on the thirty-first day after the
date that the person receives the warning notice issued by the Agency pursuant
to Section 25b-6 of this Act; and the penalty shall be paid to the Agency. The
daily accrual of penalties shall cease as of January 1 of the following year.
All penalties collected by the Agency pursuant to this subsection shall be
deposited into the Environmental Protection Permit and Inspection Fund.
(c) Any person that violates this Act, any rule or regulation adopted under
this Act, any permit or term or condition of a permit, or any Board order and
causes the death of fish
or aquatic life shall, in addition to the other penalties provided by
this Act, be liable to pay to the State an additional sum for the
reasonable value of the fish or aquatic life destroyed. Any money so
recovered shall be placed in the Wildlife and Fish Fund in the State
Treasury.
(d) The penalties provided for in this Section may be recovered in a
civil action.
(e) The State's Attorney of the county in which the violation
occurred, or the Attorney General, may, at the request of the Agency or
on his own motion, institute a civil action for an injunction, prohibitory or mandatory, to
restrain violations of this Act, any rule or regulation adopted under this Act,
any permit or term or condition of a permit, or any Board order, or to require such other actions as may be necessary to address violations of this Act, any rule or regulation adopted under this Act, any permit or term or condition of a permit, or any Board order.
(f) The State's Attorney of the county in which the violation
occurred, or the Attorney General, shall bring such actions in the name
of the people of the State of Illinois.
Without limiting any other authority which may exist for the awarding
of attorney's fees and costs, the Board or a court of competent
jurisdiction may award costs and reasonable attorney's fees, including the
reasonable costs of expert witnesses and consultants, to the State's
Attorney or the Attorney General in a case where he has prevailed against a
person who has committed a willful, knowing, or repeated violation of this Act,
any rule or regulation adopted under this Act, any permit or term or condition
of a permit, or any Board order.
Any funds collected under this subsection (f) in which the Attorney
General has prevailed shall be deposited in the
Hazardous Waste Fund created in Section 22.2 of this Act. Any funds
collected under this subsection (f) in which a State's Attorney has
prevailed shall be retained by the county in which he serves.
(g) All final orders imposing civil penalties pursuant to this Section
shall prescribe the time for payment of such penalties. If any such
penalty is not paid within the time prescribed, interest on such penalty
at the rate set forth in subsection (a) of Section 1003 of the Illinois Income
Tax Act, shall be paid for the period from the date payment is due until the
date payment is received. However, if the time for payment is stayed during
the pendency of an appeal, interest shall not accrue during such stay.
(h) In determining the appropriate civil penalty to be imposed under
subdivisions (a), (b)(1), (b)(2), (b)(3), (b)(5), (b)(6), or (b)(7) of this
Section, the Board is authorized to consider any matters of record in
mitigation or aggravation of penalty, including, but not limited to, the
following factors:
(1) the duration and gravity of the violation;
(2) the presence or absence of due diligence on the
| | part of the respondent in attempting to comply with requirements of this Act and regulations thereunder or to secure relief therefrom as provided by this Act;
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| (3) any economic benefits accrued by the respondent
| | because of delay in compliance with requirements, in which case the economic benefits shall be determined by the lowest cost alternative for achieving compliance;
|
| (4) the amount of monetary penalty which will serve
| | to deter further violations by the respondent and to otherwise aid in enhancing voluntary compliance with this Act by the respondent and other persons similarly subject to the Act;
|
| (5) the number, proximity in time, and gravity of
| | previously adjudicated violations of this Act by the respondent;
|
| (6) whether the respondent voluntarily
| | self-disclosed, in accordance with subsection (i) of this Section, the non-compliance to the Agency;
|
| (7) whether the respondent has agreed to undertake a
| | "supplemental environmental project", which means an environmentally beneficial project that a respondent agrees to undertake in settlement of an enforcement action brought under this Act, but which the respondent is not otherwise legally required to perform; and
|
| (8) whether the respondent has successfully completed
| | a Compliance Commitment Agreement under subsection (a) of Section 31 of this Act to remedy the violations that are the subject of the complaint.
|
| In determining the appropriate civil penalty to be imposed under subsection
(a) or paragraph (1), (2), (3), (5), (6), or (7) of subsection (b) of this Section, the
Board shall ensure, in all cases, that the penalty is at least as great as the
economic benefits, if any, accrued by the respondent as a result of the
violation, unless the Board finds that imposition of such penalty would result
in an arbitrary or unreasonable financial hardship. However, such civil
penalty
may be off-set in whole or in part pursuant to a supplemental
environmental project agreed to by the complainant and the respondent.
(i) A person who voluntarily self-discloses non-compliance to the Agency,
of which the Agency had been unaware, is entitled to a 100% reduction in the
portion of the penalty that is not based on the economic benefit of
non-compliance if the person can
establish the following:
(1) that either the regulated entity is a small
| | entity or the non-compliance was discovered through an environmental audit or a compliance management system documented by the regulated entity as reflecting the regulated entity's due diligence in preventing, detecting, and correcting violations;
|
| (2) that the non-compliance was disclosed in writing
| | within 30 days of the date on which the person discovered it;
|
| (3) that the non-compliance was discovered and
| | (i) the commencement of an Agency inspection,
| | investigation, or request for information;
|
| (ii) notice of a citizen suit;
(iii) the filing of a complaint by a citizen, the
| | Illinois Attorney General, or the State's Attorney of the county in which the violation occurred;
|
| (iv) the reporting of the non-compliance by an
| | employee of the person without that person's knowledge; or
|
| (v) imminent discovery of the non-compliance by
| | (4) that the non-compliance is being corrected and
| | any environmental harm is being remediated in a timely fashion;
|
| (5) that the person agrees to prevent a recurrence of
| | (6) that no related non-compliance events have
| | occurred in the past 3 years at the same facility or in the past 5 years as part of a pattern at multiple facilities owned or operated by the person;
|
| (7) that the non-compliance did not result in serious
| | actual harm or present an imminent and substantial endangerment to human health or the environment or violate the specific terms of any judicial or administrative order or consent agreement;
|
| (8) that the person cooperates as reasonably
| | requested by the Agency after the disclosure; and
|
| (9) that the non-compliance was identified
| | voluntarily and not through a monitoring, sampling, or auditing procedure that is required by statute, rule, permit, judicial or administrative order, or consent agreement.
|
| If a person can establish all of the elements under this subsection except
the element set forth in paragraph (1) of this subsection, the person is
entitled to a 75% reduction in the portion of the penalty that is not based
upon the economic benefit of non-compliance.
For the purposes of this subsection (i), "small entity" has the same meaning as in Section 221 of the federal Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 601).
(j) In addition to any other remedy or penalty that may
apply, whether civil or criminal, any person who violates Section 22.52 of this Act shall be liable for an additional civil penalty of up to 3 times the gross amount of any pecuniary gain resulting from the violation.
(k) In addition to any other remedy or penalty that may apply, whether civil or criminal, any person who violates subdivision (a)(7.6) of Section 31 of this Act shall be liable for an additional civil penalty of $2,000.
(Source: P.A. 102-310, eff. 8-6-21.)
|
415 ILCS 5/43
(415 ILCS 5/43) (from Ch. 111 1/2, par. 1043)
Sec. 43.
(a) In circumstances of substantial danger to the environment or
to the public health of persons or to the welfare of persons where such
danger is to the livelihood of such persons, the State's Attorney or
Attorney General, upon request of the Agency or on his own motion, may
institute a civil action for an immediate injunction to halt any
discharge or other activity causing or contributing to the danger or to
require such other action as may be necessary. The court may issue an ex
parte order and shall schedule a hearing on the matter not later than 3
working days from the date of injunction.
(b) If any term or condition of an NPDES permit issued under this
Act for discharges from a publicly owned or publicly regulated sewage
works is violated, the use of the sewage works by a contaminant source
not using the works prior to a finding that the condition was violated:
(i) may be prohibited by the public body owning or regulating such
sewage works, pursuant to State law or local ordinance; or
(ii) may be prohibited or restricted under the provisions of Title
VIII of this Act; or
(iii) the State's Attorney of the county in which the violation
occurred, or the Attorney General, at the request of the Agency or on
his own motion, may proceed in a court of competent jurisdiction to
secure such relief.
(c) If an industrial user of a publicly owned or publicly regulated
sewage works is not in compliance with a system of user charges required
under State law or local ordinance or regulations or as a term or
condition of any NPDES permit issued under this Act to the sewage works
into which the user is discharging contaminants, the system of charges
may be enforced directly against the industrial user--
(i) by the public body owning or regulating such sewage works,
pursuant to State law or local ordinance; or
(ii) under the provisions of Title VIII of this Act; or
(iii) the State's Attorney of the county in which the violation
occurred, or the Attorney General, at the request of the Agency or on
his own motion, may proceed in a court of competent jurisdiction to
secure such relief.
(Source: P.A. 78-862.)
|
415 ILCS 5/44
(415 ILCS 5/44) (from Ch. 111 1/2, par. 1044)
Sec. 44. Criminal acts; penalties.
(a) Except as otherwise provided in this Section, it shall be
a Class A misdemeanor to violate this Act or
regulations thereunder, or any permit or term or condition thereof, or
knowingly to submit any false information under this Act or regulations
adopted thereunder, or under any permit or term or condition thereof.
A court may, in addition to any other penalty herein imposed, order a person
convicted of any violation of this Act to perform
community service for not less than 100 hours and not more than 300 hours if
community service is available in the jurisdiction.
It shall be the duty of all State and local law-enforcement officers to
enforce such Act and regulations, and all such officers shall have
authority to issue citations for such violations.
(b) Calculated Criminal Disposal of Hazardous Waste.
(1) A person commits the offense of Calculated | | Criminal Disposal of Hazardous Waste when, without lawful justification, he knowingly disposes of hazardous waste while knowing that he thereby places another person in danger of great bodily harm or creates an immediate or long-term danger to the public health or the environment.
|
|
(2) Calculated Criminal Disposal of Hazardous Waste
| | is a Class 2 felony. In addition to any other penalties prescribed by law, a person convicted of the offense of Calculated Criminal Disposal of Hazardous Waste is subject to a fine not to exceed $500,000 for each day of such offense.
|
|
(c) Criminal Disposal of Hazardous Waste.
(1) A person commits the offense of Criminal Disposal
| | of Hazardous Waste when, without lawful justification, he knowingly disposes of hazardous waste.
|
|
(2) Criminal Disposal of Hazardous Waste is a Class 3
| | felony. In addition to any other penalties prescribed by law, a person convicted of the offense of Criminal Disposal of Hazardous Waste is subject to a fine not to exceed $250,000 for each day of such offense.
|
|
(d) Unauthorized Use of Hazardous Waste.
(1) A person commits the offense of Unauthorized Use
| | of Hazardous Waste when he, being required to have a permit, registration, or license under this Act or any other law regulating the treatment, transportation, or storage of hazardous waste, knowingly:
|
|
(A) treats, transports, or stores any hazardous
| | waste without such permit, registration, or license;
|
|
(B) treats, transports, or stores any hazardous
| | waste in violation of the terms and conditions of such permit or license;
|
|
(C) transports any hazardous waste to a facility
| | which does not have a permit or license required under this Act; or
|
|
(D) transports by vehicle any hazardous waste
| | without having in each vehicle credentials issued to the transporter by the transporter's base state pursuant to procedures established under the Uniform Program.
|
|
(2) A person who is convicted of a violation of
| | subparagraph (A), (B), or (C) of paragraph (1) of this subsection is guilty of a Class 4 felony. A person who is convicted of a violation of subparagraph (D) of paragraph (1) of this subsection is guilty of a Class A misdemeanor. In addition to any other penalties prescribed by law, a person convicted of violating subparagraph (A), (B), or (C) of paragraph (1) of this subsection is subject to a fine not to exceed $100,000 for each day of such violation, and a person who is convicted of violating subparagraph (D) of paragraph (1) of this subsection is subject to a fine not to exceed $1,000.
|
|
(e) Unlawful Delivery of Hazardous Waste.
(1) Except as authorized by this Act or the federal
| | Resource Conservation and Recovery Act, and the regulations promulgated thereunder, it is unlawful for any person to knowingly deliver hazardous waste.
|
|
(2) Unlawful Delivery of Hazardous Waste is a Class 3
| | felony. In addition to any other penalties prescribed by law, a person convicted of the offense of Unlawful Delivery of Hazardous Waste is subject to a fine not to exceed $250,000 for each such violation.
|
|
(3) For purposes of this Section, "deliver" or
| | "delivery" means the actual, constructive, or attempted transfer of possession of hazardous waste, with or without consideration, whether or not there is an agency relationship.
|
|
(f) Reckless Disposal of Hazardous Waste.
(1) A person commits Reckless Disposal of Hazardous
| | Waste if he disposes of hazardous waste, and his acts which cause the hazardous waste to be disposed of, whether or not those acts are undertaken pursuant to or under color of any permit or license, are performed with a conscious disregard of a substantial and unjustifiable risk that such disposing of hazardous waste is a gross deviation from the standard of care which a reasonable person would exercise in the situation.
|
|
(2) Reckless Disposal of Hazardous Waste is a Class 4
| | felony. In addition to any other penalties prescribed by law, a person convicted of the offense of Reckless Disposal of Hazardous Waste is subject to a fine not to exceed $50,000 for each day of such offense.
|
|
(g) Concealment of Criminal Disposal of Hazardous Waste.
(1) A person commits the offense of Concealment of
| | Criminal Disposal of Hazardous Waste when he conceals, without lawful justification, the disposal of hazardous waste with the knowledge that such hazardous waste has been disposed of in violation of this Act.
|
|
(2) Concealment of Criminal Disposal of a Hazardous
| | Waste is a Class 4 felony. In addition to any other penalties prescribed by law, a person convicted of the offense of Concealment of Criminal Disposal of Hazardous Waste is subject to a fine not to exceed $50,000 for each day of such offense.
|
|
(h) Violations; False Statements.
(1) Any person who knowingly makes a false material
| | statement in an application for a permit or license required by this Act to treat, transport, store, or dispose of hazardous waste commits the offense of perjury and shall be subject to the penalties set forth in Section 32-2 of the Criminal Code of 2012.
|
|
(2) Any person who knowingly makes a false material
| | statement or representation in any label, manifest, record, report, permit or license, or other document filed, maintained, or used for the purpose of compliance with this Act in connection with the generation, disposal, treatment, storage, or transportation of hazardous waste commits a Class 4 felony. A second or any subsequent offense after conviction hereunder is a Class 3 felony.
|
|
(3) Any person who knowingly destroys, alters, or
| | conceals any record required to be made by this Act in connection with the disposal, treatment, storage, or transportation of hazardous waste commits a Class 4 felony. A second or any subsequent offense after a conviction hereunder is a Class 3 felony.
|
|
(4) Any person who knowingly makes a false material
| | statement or representation in any application, bill, invoice, or other document filed, maintained, or used for the purpose of receiving money from the Underground Storage Tank Fund commits a Class 4 felony. A second or any subsequent offense after conviction hereunder is a Class 3 felony.
|
|
(4.5) Any person who knowingly makes a false material
| | statement or representation in any label, manifest, record, report, permit or license, or other document filed, maintained, or used for the purpose of compliance with Title XVI of this Act commits a Class 4 felony. Any second or subsequent offense after conviction hereunder is a Class 3 felony.
|
| (5) Any person who knowingly destroys, alters, or
| | conceals any record required to be made or maintained by this Act or required to be made or maintained by Board or Agency rules for the purpose of receiving money from the Underground Storage Tank Fund commits a Class 4 felony. A second or any subsequent offense after a conviction hereunder is a Class 3 felony.
|
|
(6) A person who knowingly and falsely certifies
| | under Section 22.48 that an industrial process waste or pollution control waste is not special waste commits a Class 4 felony for a first offense and commits a Class 3 felony for a second or subsequent offense.
|
|
(7) In addition to any other penalties prescribed by
| | law, a person convicted of violating this subsection (h) is subject to a fine not to exceed $50,000 for each day of such violation.
|
|
(8) Any person who knowingly makes a false,
| | fictitious, or fraudulent material statement, orally or in writing, to the Agency, or to a unit of local government to which the Agency has delegated authority under subsection (r) of Section 4 of this Act, related to or required by this Act, a regulation adopted under this Act, any federal law or regulation for which the Agency has responsibility, or any permit, term, or condition thereof, commits a Class 4 felony, and each such statement or writing shall be considered a separate Class 4 felony. A person who, after being convicted under this paragraph (8), violates this paragraph (8) a second or subsequent time, commits a Class 3 felony.
|
|
(i) Verification.
(1) Each application for a permit or license to
| | dispose of, transport, treat, store, or generate hazardous waste under this Act shall contain an affirmation that the facts are true and are made under penalty of perjury as defined in Section 32-2 of the Criminal Code of 2012. It is perjury for a person to sign any such application for a permit or license which contains a false material statement, which he does not believe to be true.
|
|
(2) Each request for money from the Underground
| | Storage Tank Fund shall contain an affirmation that the facts are true and are made under penalty of perjury as defined in Section 32-2 of the Criminal Code of 2012. It is perjury for a person to sign any request that contains a false material statement that he does not believe to be true.
|
|
(j) Violations of Other Provisions.
(1) It is unlawful for a person knowingly to violate:
(A) subsection (f) of Section 12 of this Act;
(B) subsection (g) of Section 12 of this Act;
(C) any term or condition of any Underground
| | Injection Control (UIC) permit;
|
|
(D) any filing requirement, regulation, or order
| | relating to the State Underground Injection Control (UIC) program;
|
|
(E) any provision of any regulation, standard, or
| | filing requirement under subsection (b) of Section 13 of this Act;
|
|
(F) any provision of any regulation, standard, or
| | filing requirement under subsection (b) of Section 39 of this Act;
|
|
(G) any National Pollutant Discharge Elimination
| | System (NPDES) permit issued under this Act or any term or condition of such permit;
|
|
(H) subsection (h) of Section 12 of this Act;
(I) subsection 6 of Section 39.5 of this Act;
(J) any provision of any regulation, standard or
| | filing requirement under Section 39.5 of this Act;
|
|
(K) a provision of the Procedures for Asbestos
| | Emission Control in subsection (c) of Section 61.145 of Title 40 of the Code of Federal Regulations; or
|
| (L) the standard for waste disposal for
| | manufacturing, fabricating, demolition, renovation, and spraying operations in Section 61.150 of Title 40 of the Code of Federal Regulations.
|
|
(2) A person convicted of a violation of subdivision
| | (1) of this subsection commits a Class 4 felony, and in addition to any other penalty prescribed by law is subject to a fine not to exceed $25,000 for each day of such violation.
|
|
(3) A person who negligently violates the following
| | shall be subject to a fine not to exceed $10,000 for each day of such violation:
|
|
(A) subsection (f) of Section 12 of this Act;
(B) subsection (g) of Section 12 of this Act;
(C) any provision of any regulation, standard, or
| | filing requirement under subsection (b) of Section 13 of this Act;
|
|
(D) any provision of any regulation, standard, or
| | filing requirement under subsection (b) of Section 39 of this Act;
|
|
(E) any National Pollutant Discharge Elimination
| | System (NPDES) permit issued under this Act;
|
|
(F) subsection 6 of Section 39.5 of this Act; or
(G) any provision of any regulation, standard, or
| | filing requirement under Section 39.5 of this Act.
|
|
(4) It is unlawful for a person knowingly to:
(A) make any false statement, representation, or
| | certification in an application form, or form pertaining to, a National Pollutant Discharge Elimination System (NPDES) permit;
|
|
(B) render inaccurate any monitoring device or
| | record required by the Agency or Board in connection with any such permit or with any discharge which is subject to the provisions of subsection (f) of Section 12 of this Act;
|
|
(C) make any false statement, representation, or
| | certification in any form, notice, or report pertaining to a CAAPP permit under Section 39.5 of this Act;
|
|
(D) render inaccurate any monitoring device or
| | record required by the Agency or Board in connection with any CAAPP permit or with any emission which is subject to the provisions of Section 39.5 of this Act; or
|
|
(E) violate subsection 6 of Section 39.5 of this
| | Act or any CAAPP permit, or term or condition thereof, or any fee or filing requirement.
|
|
(5) A person convicted of a violation of paragraph
| | (4) of this subsection commits a Class A misdemeanor, and in addition to any other penalties provided by law is subject to a fine not to exceed $10,000 for each day of violation.
|
|
(k) Criminal operation of a hazardous waste or PCB incinerator.
(1) A person commits the offense of criminal
| | operation of a hazardous waste or PCB incinerator when, in the course of operating a hazardous waste or PCB incinerator, he knowingly and without justification operates the incinerator (i) without an Agency permit, or in knowing violation of the terms of an Agency permit, and (ii) as a result of such violation, knowingly places any person in danger of great bodily harm or knowingly creates an immediate or long term material danger to the public health or the environment.
|
|
(2) Any person who commits the offense of criminal
| | operation of a hazardous waste or PCB incinerator for the first time commits a Class 4 felony and, in addition to any other penalties prescribed by law, shall be subject to a fine not to exceed $100,000 for each day of the offense.
|
|
Any person who commits the offense of criminal
| | operation of a hazardous waste or PCB incinerator for a second or subsequent time commits a Class 3 felony and, in addition to any other penalties prescribed by law, shall be subject to a fine not to exceed $250,000 for each day of the offense.
|
|
(3) For the purpose of this subsection (k), the term
| | "hazardous waste or PCB incinerator" means a pollution control facility at which either hazardous waste or PCBs, or both, are incinerated. "PCBs" means any substance or mixture of substances that contains one or more polychlorinated biphenyls in detectable amounts.
|
|
(l) It shall be the duty of all State and local law enforcement officers
to enforce this Act and the regulations adopted hereunder, and all such
officers shall have authority to issue citations for such violations.
(m) Any action brought under this Section shall be brought by the
State's Attorney of the county in which the violation occurred, or by the
Attorney General, and shall be conducted in accordance with the applicable
provisions of the Code of Criminal Procedure of 1963.
(n) For an offense described in this Section, the period for
commencing prosecution prescribed by the statute of limitations shall not
begin to run until the offense is discovered by or reported to a State or
local agency having the authority to investigate violations of this Act.
(o) In addition to any other penalties provided under this
Act, if a person is convicted of (or agrees to a settlement in an enforcement
action over) illegal dumping of waste on the person's own property, the
Attorney General, the Agency, or local prosecuting authority shall file notice
of the conviction, finding, or agreement in the office of the Recorder in the
county in which the landowner lives.
(p) Criminal Disposal of Waste.
(1) A person commits the offense of Criminal Disposal
| |
(A) if required to have a permit under subsection
| | (d) of Section 21 of this Act, knowingly conducts a waste-storage, waste-treatment, or waste-disposal operation in a quantity that exceeds 250 cubic feet of waste without a permit; or
|
|
(B) knowingly conducts open dumping of waste in
| | violation of subsection (a) of Section 21 of this Act.
|
|
(2) (A) A person who is convicted of a violation of
| | subparagraph (A) of paragraph (1) of this subsection is guilty of a Class 4 felony for a first offense and, in addition to any other penalties provided by law, is subject to a fine not to exceed $25,000 for each day of violation. A person who is convicted of a violation of subparagraph (A) of paragraph (1) of this subsection is guilty of a Class 3 felony for a second or subsequent offense and, in addition to any other penalties provided by law, is subject to a fine not to exceed $50,000 for each day of violation.
|
|
(B) A person who is convicted of a violation of
| | subparagraph (B) of paragraph (1) of this subsection is guilty of a Class A misdemeanor. However, a person who is convicted of a violation of subparagraph (B) of paragraph (1) of this subsection for the open dumping of waste in a quantity that exceeds 250 cubic feet or that exceeds 50 waste tires is guilty of a Class 4 felony and, in addition to any other penalties provided by law, is subject to a fine not to exceed $25,000 for each day of violation.
|
|
(q) Criminal Damage to a Public Water Supply.
(1) A person commits the offense of Criminal Damage
| | to a Public Water Supply when, without lawful justification, he knowingly alters, damages, or otherwise tampers with the equipment or property of a public water supply, or knowingly introduces a contaminant into the distribution system of a public water supply so as to cause, threaten, or allow the distribution of water from any public water supply of such quality or quantity as to be injurious to human health or the environment.
|
| (2) Criminal Damage to a Public Water Supply is a
| | Class 4 felony. In addition to any other penalties prescribed by law, a person convicted of the offense of Criminal Damage to a Public Water Supply is subject to a fine not to exceed $250,000 for each day of such offense.
|
| (r) Aggravated Criminal Damage to a Public Water Supply.
(1) A person commits the offense of Aggravated
| | Criminal Damage to a Public Water Supply when, without lawful justification, he commits Criminal Damage to a Public Water Supply while knowing that he thereby places another person in danger of serious illness or great bodily harm, or creates an immediate or long-term danger to public health or the environment.
|
| (2) Aggravated Criminal Damage to a Public Water
| | Supply is a Class 2 felony. In addition to any other penalties prescribed by law, a person convicted of the offense of Aggravated Criminal Damage to a Public Water Supply is subject to a fine not to exceed $500,000 for each day of such offense.
|
| (Source: P.A. 97-220, eff. 7-28-11; 97-286, eff. 8-10-11; 97-813, eff. 7-13-12; 97-1150, eff. 1-25-13; 98-822, eff. 8-1-14.)
|
415 ILCS 5/44.1
(415 ILCS 5/44.1)
Sec. 44.1.
(a) In addition to all other civil and criminal penalties
provided by law, any person convicted of a criminal violation of this Act
or the regulations adopted thereunder shall forfeit to the State
(1) an amount equal to the value of all profits earned, savings realized,
and benefits incurred as a direct or indirect result of such violation, and
(2) any vehicle or conveyance used in the perpetration of such violation,
except as provided in subsection (b).
(b) Forfeiture of conveyances shall be subject to the following exceptions:
(1) No conveyance used by any person as a common | | carrier in the transaction of business as a common carrier is subject to forfeiture under this Section unless it is proven that the owner or other person in charge of the conveyance consented to or was privy to the covered violation.
|
|
(2) No conveyance is subject to forfeiture under this
| | Section by reason of any covered violation which the owner proves to have been committed without his knowledge or consent.
|
|
(3) A forfeiture of a conveyance encumbered by a bona
| | fide security interest is subject to the interest of the secured party if he neither had knowledge of nor consented to the covered violation.
|
|
(c) Except as provided in subsection (d), all property subject to
forfeiture under this Section shall be seized pursuant to the order of a circuit court.
(d) Property subject to forfeiture under this Section may be seized by
the Director or any peace officer without process:
(1) if the seizure is incident to an inspection under
| | an administrative inspection warrant, or incident to the execution of a criminal search or arrest warrant;
|
|
(2) if the property subject to seizure has been the
| | subject of a prior judgment in favor of the State in a criminal proceeding, or in an injunction or forfeiture proceeding based upon this Act; or
|
|
(3) if there is probable cause to believe that the
| | property is directly or indirectly dangerous to health or safety.
|
|
(e) Property taken or detained under this Section shall not be subject
to eviction or replevin, but is deemed to be in the
custody of the Director subject only to the order and judgments of the
circuit court having jurisdiction over the forfeiture proceedings. When
property is seized under this Act, the Director may:
(1) place the property under seal;
(2) secure the property or remove the property to a
| | place designated by him; or
|
|
(3) require the sheriff of the county in which the
| | seizure occurs to take custody of the property and secure or remove it to an appropriate location for disposition in accordance with law.
|
|
(f) All amounts forfeited under item (1) of subsection (a) shall be
apportioned in the following manner:
(1) 40% shall be deposited in the Hazardous Waste
| | Fund created in Section 22.2;
|
|
(2) 30% shall be paid to the office of the Attorney
| | General or the State's Attorney of the county in which the violation occurred, whichever brought and prosecuted the action; and
|
|
(3) 30% shall be paid to the law enforcement agency
| | which investigated the violation.
|
|
Any funds received under this subsection (f) shall be used solely for the
enforcement of the environmental protection laws of this State.
(g) When property is forfeited under this Section the court may order:
(1) that the property shall be made available for the
| | official use of the Agency, the Office of the Attorney General, the State's Attorney of the county in which the violation occurred, or the law enforcement agency which investigated the violation, to be used solely for the enforcement of the environmental protection laws of this State;
|
|
(2) the sheriff of the county in which the forfeiture
| | occurs to take custody of the property and remove it for disposition in accordance with law; or
|
|
(3) the sheriff of the county in which the forfeiture
| | occurs to sell that which is not required to be destroyed by law and which is not harmful to the public. The proceeds of such sale shall be used for payment of all proper expenses of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of custody, advertising and court costs, and the balance, if any, shall be apportioned pursuant to subsection (f).
|
|
(h) Property seized or forfeited under this Section is subject to reporting under the Seizure and Forfeiture Reporting Act.
(Source: P.A. 100-173, eff. 1-1-18; 100-512, eff. 7-1-18; 100-863, eff. 8-14-18.)
|
415 ILCS 5/45
(415 ILCS 5/45) (from Ch. 111 1/2, par. 1045)
Sec. 45.
Injunctive and other relief.
(a) No existing civil or criminal remedy for any wrongful
action shall be excluded or impaired by this Act. Nothing in this Act shall
be construed to limit or supersede the provisions of the Illinois Oil and
Gas Act and the powers therein granted to prevent the intrusion of water into
oil, gas or coal strata and to prevent the pollution of fresh water supplies by
oil, gas or salt water or oil field wastes, except that water quality standards
as set forth by the Pollution Control Board apply to and are effective within
the areas covered by and affected by permits issued by the Department of
Natural Resources. However, if the Department of Natural Resources fails to
act upon any complaint within a period of 10 working days following the receipt
of a complaint by the Department, the Environmental Protection Agency may
proceed under the provisions of this Act.
(b) Any person adversely affected in fact by a violation of this Act,
any rule or regulation adopted under this Act, any permit or term or
condition of a permit, or any Board order may sue for injunctive relief
against such violation. However, except as provided in subsections (d) and (e), no action shall be brought under this Section
until 30 days after the plaintiff has been denied relief by the Board in a
proceeding brought under subdivision (d)(1) of Section
31 of this Act. The prevailing party shall be awarded costs and reasonable
attorneys' fees.
(c) Nothing in Section 39.4 of this Act shall limit the authority
of the Agency to proceed with enforcement under the provisions of this Act
for violations of terms and conditions of an endorsed agrichemical facility
permit, an endorsed lawncare containment permit, or this Act or regulations
hereunder caused or threatened by an agrichemical facility or a lawncare wash
water containment area, provided that prior notice is given to the Department
of Agriculture which provides that Department an opportunity to respond as
appropriate.
(d) If the State brings an action under this Act against a person
with an interest in real property upon which the person is alleged to have
allowed open dumping or open burning by a third party in violation of this
Act, which action seeks to compel the defendant to remove the waste or
otherwise clean up the site, the defendant may, in the manner provided by
law for third-party complaints, bring in as a third-party defendant a
person who with actual knowledge caused or contributed to the illegal open
dumping or open burning, or who is or may be liable for all or part of the
removal and cleanup costs. The court may include any of the parties which
it determines to have, with actual knowledge, allowed, caused or
contributed to the illegal open dumping or open burning in any order that
it may issue to compel removal of the waste and cleanup of the site, and
may apportion the removal and cleanup costs among such parties, as it deems
appropriate. However, a person may not seek to recover any fines or civil
penalties imposed upon him under this Act from a third-party defendant in
an action brought under this subsection.
(e) A final order issued by the Board pursuant to Section 33 of this
Act may be enforced through a civil action for injunctive or other relief
instituted by a person who was a party to the Board enforcement proceeding
in which the Board issued the final order.
(Source: P.A. 92-574, eff. 6-26-02; 93-152, eff. 7-10-03.)
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415 ILCS 5/Tit. XIII
(415 ILCS 5/Tit. XIII heading)
TITLE XIII:
MISCELLANEOUS PROVISIONS
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415 ILCS 5/46
(415 ILCS 5/46) (from Ch. 111 1/2, par. 1046)
Sec. 46.
(a) Any municipality, sanitary district, county or other
public body created by or pursuant to State law and having jurisdiction
over disposal of sewage, industrial wastes, or other wastes, which has
been directed by an order issued by the Board or by the circuit court to
abate any violation of this Act or of any regulation adopted thereunder
shall, unless such order be set aside upon review, take steps for the
acquisition or construction of such facilities, or for such repair,
alteration, extension or completion of existing facilities, or for such
modification of existing practices as may be necessary to comply with
the order. The cost of the acquisition, construction, repair,
alteration, completion, or extension of such facilities, or of such
modification of practices shall be paid out of funds on hand available
for such purposes, or out of the general funds of such public body not
otherwise appropriated.
If funds on hand or unappropriated are insufficient for the purposes
of this Section, the necessary funds shall be raised by the issuance of
either general obligation or revenue bonds. If the estimated cost of
the steps necessary to be taken by such public body to comply with such
order is such that the bond issue, necessary to finance such project,
would not raise the total outstanding bonded indebtedness of such public
body in excess of any limit which may be imposed upon such indebtedness,
the necessary bonds may be issued as a direct obligation of such public
body and retired pursuant to general law governing the issue of such
bonds. No election or referendum shall be necessary for the issuance of
bonds under this Section.
The funds made available by the issuance of direct obligation or
revenue bonds as herein provided shall constitute a Sanitary Fund, and
shall be used for no other purpose than for carrying out such order or
orders of the Board.
The Attorney General shall enforce this provision of the Act by an
action for mandamus, injunction, or other appropriate relief.
Any general obligation bonds issued under this Section, or any revenue
bonds
issued under this Section as limited bonds pursuant to Section 15.01 of the
Local
Government Debt Reform Act, are subject to the requirements of the Bond Issue
Notification Act.
(b) In order to be eligible for federal grants for construction of
sewage works pursuant to Section 201(g) of the Federal Water Pollution
Control Act, as now or hereafter amended, any sanitary district,
drainage district, municipality, county, special district or other unit
of local government established pursuant to State law, that owns or
operates sewage works may adopt, in accordance with such unit's
statutory procedures, ordinances or regulations to provide for systems
of proportionate cost sharing for operation and maintenance by
recipients of such unit's waste treatment services, to provide for
payments by industrial users of costs of sewage works construction
allocable to the treatment of industrial wastes, and to provide such
other capabilities as may be necessary to comply with Sections 204(b),
307, and 308 of the Federal Water Pollution Control Act, as now or
hereafter amended.
(c) In order to comply with Section 307 of the Federal Water Pollution
Control Act, as now or hereafter amended, and regulations promulgated
thereunder, the units of local government
identified in subsection (b) of this Section may adopt, in accordance with
such unit's statutory procedures, ordinances or regulations to enable the
unit of government, as regards industrial users of sewage works, to control
through permit, contract, order or similar means, the nature and amount
of pollutants discharged to the sewage works, to require compliance with
applicable pretreatment standards and requirements, to require compliance
schedules and the submission of notices and self-monitoring reports related
thereto, to carry out inspection and monitoring procedures in order to
determine compliance or noncompliance with the applicable pretreatment
standards and requirements, to obtain remedies including, but not limited
to, injunctive relief and civil and criminal penalties for noncompliance
with pretreatment standards and requirements, and to provide such other
capabilities as may be necessary to comply with Section 307 of the
Federal Water Pollution Control Act, as now or hereafter amended, and
regulations
promulgated thereunder.
(Source: P.A. 89-655, eff. 1-1-97.)
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415 ILCS 5/47
(415 ILCS 5/47) (from Ch. 111 1/2, par. 1047)
Sec. 47.
(a) The State of Illinois and all its agencies, institutions,
officers and subdivisions shall comply with all requirements, prohibitions,
and other provisions of the Act and of regulations adopted thereunder.
(b) (Blank).
(c) (Blank).
(Source: P.A. 97-220, eff. 7-28-11.)
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415 ILCS 5/48
(415 ILCS 5/48) (from Ch. 111 1/2, par. 1048)
Sec. 48.
(a) Whenever the Board has adopted regulations respecting the
equipment, specifications, use, inspection, or sale of vehicles, vessels,
or aircraft, no department or agency shall license any such vehicles,
vessels, or aircraft for operation in this State in the absence of such
proof as the Board may prescribe that the equipment in question satisfies
the Board's regulations.
(b) Whenever the Board has adopted regulations limiting vehicle, vessel,
or aircraft operations to essential or other classes of use under certain
conditions, the department or agency responsible for the licensing shall
issue indicia of such use, subject to standards prescribed by the Board,
for each vehicle, vessel, or aircraft qualifying therefor.
(Source: P.A. 76-2429.)
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