State of Illinois
90th General Assembly
Legislation

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[ Engrossed ][ Enrolled ][ Senate Amendment 001 ]
[ Senate Amendment 002 ]

90_SB1103

      415 ILCS 5/9              from Ch. 111 1/2, par. 1009
      415 ILCS 5/10             from Ch. 111 1/2, par. 1010
      415 ILCS 5/42             from Ch. 111 1/2, par. 1042
          Amends the Environmental  Protection  Act  to  allow  the
      Pollution  Control  Board  to  adopt  statewide  rules to ban
      landscape waste burning. Requires the Board to prohibit  open
      burning  of  landscape  waste  in  specified urbanized areas,
      except  for   agricultural   purposes,   habitat   management
      purposes, and firefighter training purposes. Preempts certain
      units of local government from regulating the open burning of
      landscape  waste in a manner less restrictive than the State.
      Sets forth civil penalties. Effective immediately.
                                                     LRB9003544DPcc
                                               LRB9003544DPcc
 1        AN ACT to  amend  the  Environmental  Protection  Act  by
 2    changing Sections 9, 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 9, 10, and 42 as follows:
 7        (415 ILCS 5/9) (from Ch. 111 1/2, par. 1009)
 8        Sec. 9.  Acts prohibited.  No person shall:
 9        (a)  Cause or threaten or allow the discharge or emission
10    of any contaminant into the environment in any State so as to
11    cause or tend to cause  air  pollution  in  Illinois,  either
12    alone or in combination with contaminants from other sources,
13    or  so  as to violate regulations or standards adopted by the
14    Board under this Act;
15        (b)  Construct,  install,  or  operate   any   equipment,
16    facility,  vehicle, vessel, or aircraft capable of causing or
17    contributing to air pollution  or  designed  to  prevent  air
18    pollution,  of  any  type  designated  by  Board regulations,
19    without a permit granted by the Agency, or  in  violation  of
20    any conditions imposed by such permit;
21        (c)  Cause  or  allow the open burning of refuse, conduct
22    any salvage operation by open burning, or cause or allow  the
23    burning  of  any  refuse  in  any  chamber  not  specifically
24    designed  for the purpose and approved by the Agency pursuant
25    to regulations adopted by the Board under  this  Act;  except
26    that  the Board may adopt regulations permitting open burning
27    of refuse in certain cases upon a finding that no  harm  will
28    result  from  such burning, or that any alternative method of
29    disposing of such refuse would  create  a  safety  hazard  so
30    extreme  as  to  justify the pollution that would result from
31    such burning;
                           -2-                 LRB9003544DPcc
 1        (d)  Sell, offer, or use any fuel or other article in any
 2    areas in which the Board may by regulation forbid  its  sale,
 3    offer, or use for reasons of air-pollution control;
 4        (e)  Use,  cause  or allow the spraying of loose asbestos
 5    for the purpose of fireproofing or insulating any building or
 6    building material or other constructions,  or  otherwise  use
 7    asbestos  in  such  unconfined  manner  as to permit asbestos
 8    fibers or particles to pollute the air;
 9        (f)  Commencing July 1,  1985,  sell  any  used  oil  for
10    burning  or incineration in any incinerator, boiler, furnace,
11    burner or other equipment unless  such  oil  meets  standards
12    based  on  virgin  fuel  oil or re-refined oil, as defined in
13    ASTM D-396  or  specifications  under  VV-F-815C  promulgated
14    pursuant  to  the federal Energy Policy and Conservation Act,
15    and meets the manufacturer's and current NFDA code  standards
16    for  which such incinerator, boiler, furnace, burner or other
17    equipment was approved, except that this prohibition does not
18    apply to a sale  to  a  permitted  used  oil  re-refining  or
19    reprocessing  facility or sale to a facility permitted by the
20    Agency to burn or incinerate such oil.
21        Nothing herein shall limit the effect of any  section  of
22    this  Title  with  respect  to  any  form of asbestos, or the
23    spraying of any form of asbestos, or limit the power  of  the
24    Board  under  this  Title  to  adopt  additional  and further
25    regulations with respect to any  form  of  asbestos,  or  the
26    spraying of any form of asbestos.
27        This  Section  shall  not  limit the burning of landscape
28    waste upon the premises where it  is  produced  or  at  sites
29    provided  and  supervised  by  any  unit of local government,
30    except within any county having a  population  of  more  than
31    400,000.  Nothing  in this Section shall prohibit the burning
32    of  landscape  waste  for  agricultural   purposes,   habitat
33    management  (including  but not limited to forest and prairie
34    reclamation), or firefighter training.  For the  purposes  of
                           -3-                 LRB9003544DPcc
 1    this  Act,  the  burning  of  landscape  waste  by production
 2    nurseries shall be considered to be burning for  agricultural
 3    purposes.
 4        Any  grain elevator located outside of a major population
 5    area, as defined in Section  211.3610  of  Title  35  of  the
 6    Illinois  Administrative  Code,  shall  be  exempt  from  the
 7    requirements  of  Section 212.462 of Title 35 of the Illinois
 8    Administrative Code provided that the elevator:  (1) does not
 9    violate the prohibitions of subsection (a) of this Section or
10    have a certified investigation, as defined in Section 211.970
11    of Title 35 of the Illinois Administrative Code, on file with
12    the Agency and (2) is not required to obtain a Clean Air  Act
13    Permit    Program    permit   pursuant   to   Section   39.5.
14    Notwithstanding the above exemption,  new  stationary  source
15    performance   standards   for  grain  elevators,  established
16    pursuant to Section 9.1 of this Act and Section  111  of  the
17    federal  Clean  Air  Act,  shall  continue  to apply to grain
18    elevators.
19    (Source: P.A. 88-488;  89-328,  eff.  8-17-95;  89-491,  eff.
20    6-21-96.)
21        (415 ILCS 5/10) (from Ch. 111 1/2, par. 1010)
22        Sec. 10.  Regulations.
23        (A)  The  Board,  pursuant  to  procedures  prescribed in
24    Title VII of this Act, may adopt regulations to  promote  the
25    purposes  of  this  Title. Without limiting the generality of
26    this authority,  such  regulations  may  among  other  things
27    prescribe:
28             (a)  Ambient  air  quality  standards specifying the
29        maximum    permissible    short-term    and     long-term
30        concentrations of various contaminants in the atmosphere;
31             (b)  Emission   standards   specifying  the  maximum
32        amounts or concentrations of  various  contaminants  that
33        may be discharged into the atmosphere;
                           -4-                 LRB9003544DPcc
 1             (c)  Standards  for  the  issuance  of  permits  for
 2        construction,   installation,   or   operation   of   any
 3        equipment, facility, vehicle, vessel, or aircraft capable
 4        of  causing  or contributing to air pollution or designed
 5        to prevent air pollution;
 6             (d)  Standards and conditions  regarding  the  sale,
 7        offer,  or  use  of  any  fuel, vehicle, or other article
 8        determined by the Board to  constitute  an  air-pollution
 9        hazard;
10             (e)  Alert   and  abatement  standards  relative  to
11        air-pollution episodes  or  emergencies  constituting  an
12        acute danger to health or to the environment;
13             (f)  Requirements  and procedures for the inspection
14        of any equipment, facility, vehicle, vessel, or  aircraft
15        that may cause or contribute to air pollution;
16             (g)  Requirements  and  standards  for equipment and
17        procedures for monitoring contaminant discharges at their
18        sources, the collection of samples  and  the  collection,
19        reporting  and  retention  of  data  resulting  from such
20        monitoring.
21        (B)  The Board shall adopt sulfur dioxide regulations and
22    emission standards for existing  fuel  combustion  stationary
23    emission  sources  located  in  all  areas  of  the  State of
24    Illinois, except the Chicago, St. Louis (Illinois) and Peoria
25    major metropolitan areas, in accordance  with  the  following
26    requirements:
27             (1)  Such  regulations shall not be more restrictive
28        than  necessary  to  attain  and  maintain  the  "Primary
29        National  Ambient  Air  Quality  Standards   for   Sulfur
30        Dioxide" and within a reasonable time attain and maintain
31        the "Secondary National Ambient Air Quality Standards for
32        Sulfur Dioxide."
33             (2)  Such  regulations  shall  be based upon ambient
34        air  quality  monitoring  data   insofar   as   possible,
                           -5-                 LRB9003544DPcc
 1        consistent   with   regulations   of  the  United  States
 2        Environmental Protection Agency.  To the extent that  air
 3        quality   modeling   techniques   are  used  for  setting
 4        standards, such techniques shall be fully  described  and
 5        documented  in  the  record  of  the  Board's  rulemaking
 6        proceeding.
 7             (3)  Such  regulations shall provide a mechanism for
 8        the establishment of emission standards applicable  to  a
 9        specific  site  as  an  alternative to a more restrictive
10        general emission  standard.   The  Board  shall  delegate
11        authority  to  the Agency to determine such specific site
12        emission standards, pursuant to  regulations  adopted  by
13        the Board.
14             (4)  Such  regulations and standards shall allow all
15        available  alternative  air   quality   control   methods
16        consistent with federal law and regulations.
17        (C)  The  Board  shall  adopt  rules to prohibit the open
18    burning of landscape waste in urbanized portions of the State
19    with a population over 75,000, as defined by the most  recent
20    decennial  census. The rules shall provide an exemption for a
21    unit of local government that can demonstrate  to  the  Board
22    that  the prohibition of open burning of landscape waste will
23    cause  severe  economic  hardship  to  the  unit   of   local
24    government.  The  rules  shall  not  prohibit  the burning of
25    landscape waste for agricultural purposes (including but  not
26    limited  to  the  burning  of  landscape  waste by production
27    nurseries), habitat management purposes  (including  but  not
28    limited  to  forest and prairie reclamation), and firefighter
29    training purposes.
30        A home rule unit may not regulate  the  open  burning  of
31    landscape waste in a manner that is less restrictive than the
32    regulation   by   the   State  under  this  subsection.  This
33    subsection is a limitation  under subsection (i) of Section 6
34    of Article VII of the Illinois Constitution on the concurrent
                           -6-                 LRB9003544DPcc
 1    exercise by home rule units of powers and functions exercised
 2    by the State. The Board may not adopt any regulation  banning
 3    the   burning   of   landscape  waste  throughout  the  State
 4    generally. The Board may, by regulation, restrict or prohibit
 5    the burning of landscape waste within any  geographical  area
 6    of the State if it determines based on medical and biological
 7    evidence  generally accepted by the scientific community that
 8    such  burning  will  produce  in  the  atmosphere   of   that
 9    geographical  area  contaminants in sufficient quantities and
10    of such characteristics and duration as to  be  injurious  to
11    humans,  plant, or animal life, or health. Actions to enforce
12    the rules adopted by the Board under this subsection  may  be
13    brought  before  the Board or the circuit court in the county
14    in which the  alleged  violation  occurred  by  the  Attorney
15    General   or  by  the  State's  Attorney  or  any  local  law
16    enforcement authority within the county in which the  alleged
17    violation occurred.
18        (D)  The  Board  shall  adopt  regulations  requiring the
19    owner or  operator  of  a  gasoline  dispensing  system  that
20    dispenses  more  than 10,000 gallons of gasoline per month to
21    install and operate a system for  the  recovery  of  gasoline
22    vapor  emissions  arising  from the fueling of motor vehicles
23    that meets the requirements of Section  182  of  the  federal
24    Clean  Air Act (42 USC 7511a).  These regulations shall apply
25    only in areas of the State that are classified  as  moderate,
26    serious,  severe  or  extreme  nonattainment  areas for ozone
27    pursuant to Section 181 of the federal Clean Air Act (42  USC
28    7511),  but  shall  not  apply  in  such  areas classified as
29    moderate nonattainment areas for ozone if  the  Administrator
30    of  the  U.S.  Environmental  Protection  Agency  promulgates
31    standards for vehicle-based (onboard) systems for the control
32    of  vehicle refueling emissions pursuant to Section 202(a)(6)
33    of the federal Clean Air Act (42 USC 7521(a)(6)) by  November
34    15, 1992.
                           -7-                 LRB9003544DPcc
 1        (E)  The  Board shall not adopt or enforce any regulation
 2    requiring the use of a  tarpaulin  or  other  covering  on  a
 3    truck,  trailer,  or  other vehicle that is stricter than the
 4    requirements of Section  15-109.1  of  the  Illinois  Vehicle
 5    Code.   To  the  extent  that  it  is  in  conflict with this
 6    subsection, the Board's rule codified as 35 Ill. Admin. Code,
 7    Section 212.315 is hereby superseded.
 8        (F)  Any person who prior to June 8, 1988,  has  filed  a
 9    timely  Notice  of  Intent  to  Petition for an Adjusted RACT
10    Emissions Limitation and  who  subsequently  timely  files  a
11    completed  petition for an adjusted RACT emissions limitation
12    pursuant to 35 Ill. Adm. Code, Part 215, Subpart I, shall  be
13    subject to the procedures contained in Subpart I but shall be
14    excluded  by  operation  of  law from 35 Ill. Adm. Code, Part
15    215,  Subparts  PP,  QQ  and  RR,  including  the  applicable
16    definitions in 35 Ill. Adm. Code,  Part  211.   Such  persons
17    shall  instead  be subject to a separate regulation which the
18    Board is hereby authorized to adopt pursuant to the  adjusted
19    RACT  emissions  limitation  procedure  in 35 Ill. Adm. Code,
20    Part 215, Subpart I.  In its final action  on  the  petition,
21    the  Board  shall  create  a  separate rule which establishes
22    Reasonably  Available  Control  Technology  (RACT)  for  such
23    person.  The purpose of this procedure is to create  separate
24    and  independent  regulations  for purposes of SIP submittal,
25    review, and approval by USEPA.
26        (G)  Subpart FF of Subtitle B, Title 35 Ill.  Adm.  Code,
27    Sections 218.720 through 218.730 and Sections 219.720 through
28    219.730,  are  hereby  repealed  by  operation of law and are
29    rendered null and void and of no force and effect.
30    (Source: P.A. 88-381; 89-79, eff. 6-30-95.)
31        (415 ILCS 5/42) (from Ch. 111 1/2, par. 1042)
32        Sec. 42. Civil penalties.
33        (a)  Except as provided in this Section, any person  that
                           -8-                 LRB9003544DPcc
 1    violates  any provision of this Act or any regulation adopted
 2    by the Board, or any permit or term or condition thereof,  or
 3    that  violates  any  determination  or  order  of  the  Board
 4    pursuant  to  this Act, shall be liable to a civil penalty of
 5    not to exceed $50,000 for the  violation  and  an  additional
 6    civil  penalty  of  not to exceed $10,000 for each day during
 7    which the violation continues; such penalties may, upon order
 8    of the Board or a court of competent  jurisdiction,  be  made
 9    payable  to  the  Environmental  Protection Trust Fund, to be
10    used in accordance with the provisions of  the  Environmental
11    Protection Trust Fund Act.
12        (b)  Notwithstanding  the provisions of subsection (a) of
13    this Section:
14             (1)  Any person that violates Section 12(f) of  this
15        Act  or any NPDES permit or term or condition thereof, or
16        any filing requirement, regulation or order  relating  to
17        the  NPDES  permit  program,  shall  be liable to a civil
18        penalty of not to exceed $10,000 per day of violation.
19             (2)  Any person that violates Section 12(g) of  this
20        Act  or  any  UIC permit or term or condition thereof, or
21        any filing requirement, regulation or order  relating  to
22        the  State  UIC  program  for  all wells, except Class II
23        wells as defined by the Board under this  Act,  shall  be
24        liable to a civil penalty not to exceed $2,500 per day of
25        violation; provided, however, that any person who commits
26        such  violations  relating  to  the State UIC program for
27        Class II wells, as defined by the Board under  this  Act,
28        shall  be  liable  to  a  civil  penalty of not to exceed
29        $10,000 for the violation and an additional civil penalty
30        of not to exceed $1,000 for each  day  during  which  the
31        violation continues.
32             (3)  Any person that violates Sections 21(f), 21(g),
33        21(h) or 21(i) of this Act, or any RCRA permit or term or
34        condition  thereof, or any filing requirement, regulation
                           -9-                 LRB9003544DPcc
 1        or order relating to the State  RCRA  program,  shall  be
 2        liable  to  a  civil penalty of not to exceed $25,000 per
 3        day of violation.
 4             (4)  In  an  administrative  citation  action  under
 5        Section 31.1 of  this  Act,  any  person  found  to  have
 6        violated  any  provision  of  subsection  (o)  or  (p) of
 7        Section 21 of this Act shall pay a civil penalty of  $500
 8        for  each  violation  of  each  such  provision, plus any
 9        hearing costs incurred by the Board and the Agency.  Such
10        penalties shall be  made  payable  to  the  Environmental
11        Protection  Trust Fund, to be used in accordance with the
12        provisions of the  Environmental  Protection  Trust  Fund
13        Act; except that if a unit of local government issued the
14        administrative  citation,  50% of the civil penalty shall
15        be payable to the unit of local government.
16             (5)  Any person who violates subsection 6 of Section
17        39.5 of  this  Act  or  any  CAAPP  permit,  or  term  or
18        condition  thereof,  or any fee or filing requirement, or
19        any duty to allow  or  carry  out  inspection,  entry  or
20        monitoring   activities,   or  any  regulation  or  order
21        relating to the CAAPP shall be liable for a civil penalty
22        not to exceed $10,000 per day of violation.
23             (6)  A person who violates subsection (C) of Section
24        10 of this Act or a rule adopted by the Board under  that
25        subsection  shall  pay a civil penalty of $50 for a first
26        violation, $100 for a second violation, and  $500  for  a
27        third  or  subsequent  violation.  Where such actions are
28        brought before the Board, penalties shall be  payable  to
29        the  Environmental  Protection  Trust Fund, to be used in
30        accordance  with  the  provisions  of  the  Environmental
31        Protection  Trust  Fund  Act.   Where  such  actions  are
32        brought before the  circuit  court,  penalties  shall  be
33        payable to the county in which the violation occurred.
34        (b.5)  In  lieu of the penalties set forth in subsections
                           -10-                LRB9003544DPcc
 1    (a) and (b) of this Section, any person who fails to file, in
 2    a timely manner, a  toxic  chemical  release  form  with  the
 3    Agency  pursuant to Section 25b-2 of this Act shall be liable
 4    for a civil penalty of $100 per day for each day the form  is
 5    late.   This  daily  penalty  shall  begin  accruing  on  the
 6    thirty-first day after the date that the person receives  the
 7    warning notice issued by the Agency pursuant to Section 25b-6
 8    of this Act; and the penalty shall be paid to the Agency. The
 9    daily accrual of penalties shall cease as of January 1 of the
10    following   year.  All  penalties  collected  by  the  Agency
11    pursuant to this  subsection  shall  be  deposited  into  the
12    Environmental Protection Permit and Inspection Fund.
13        (c)  Any  person  that  violates this Act, or an order or
14    other determination of the Board under this  Act  and  causes
15    the  death  of fish or aquatic life shall, in addition to the
16    other penalties provided by this Act, be liable to pay to the
17    State an additional sum for the reasonable value of the  fish
18    or  aquatic  life  destroyed. Any money so recovered shall be
19    placed in the Wildlife and Fish Fund in the State Treasury.
20        (d)  The penalties provided for in this  Section  may  be
21    recovered in a civil action.
22        (e)  The  State's  Attorney  of  the  county in which the
23    violation occurred, or the  Attorney  General,  may,  at  the
24    request of the Agency or on his own motion, institute a civil
25    action for an injunction to restrain violations of this Act.
26        (f)  The  State's  Attorney  of  the  county in which the
27    violation occurred, or the Attorney General, shall bring such
28    actions in the name of the people of the State  of  Illinois.
29    Without  limiting any other authority which may exist for the
30    awarding of attorney's fees and costs, the Board or  a  court
31    of  competent  jurisdiction  may  award  costs and reasonable
32    attorney's fees, including the  reasonable  costs  of  expert
33    witnesses  and  consultants,  to  the State's Attorney or the
34    Attorney General in a case where he has prevailed  against  a
                           -11-                LRB9003544DPcc
 1    person  who  has  committed  a  wilful,  knowing  or repeated
 2    violation of the Act.
 3        Any funds collected under this subsection  (f)  in  which
 4    the  Attorney General has prevailed shall be deposited in the
 5    Hazardous Waste Fund created in Section 22.2 of this Act. Any
 6    funds collected under this subsection (f) in which a  State's
 7    Attorney  has  prevailed  shall  be retained by the county in
 8    which he serves.
 9        (g)  All final orders imposing civil  penalties  pursuant
10    to  this Section shall prescribe the time for payment of such
11    penalties.  If any such penalty is not paid within  the  time
12    prescribed, interest on such penalty at the rate set forth in
13    subsection  (a)  of  Section  1003 of the Illinois Income Tax
14    Act, shall be paid for the period from the  date  payment  is
15    due until the date payment is received.  However, if the time
16    for  payment  is  stayed  during  the  pendency of an appeal,
17    interest shall not accrue during such stay.
18        (h)  In determining the appropriate civil penalty  to  be
19    imposed  under subdivisions  (a), (b)(1), (b)(2),  (b)(3), or
20    (b)(5)  of  this Section, the Board is authorized to consider
21    any  matters  of  record  in  mitigation  or  aggravation  of
22    penalty, including but not limited to the following factors:
23             (1)  the duration and gravity of the violation;
24             (2)  the presence or absence of due diligence on the
25        part  of  the  violator  in  attempting  to  comply  with
26        requirements of this Act and regulations thereunder or to
27        secure relief therefrom as provided by this Act;
28             (3)  any economic benefits accrued by  the  violator
29        because of delay in compliance with requirements;
30             (4)  the amount of monetary penalty which will serve
31        to  deter  further  violations  by  the  violator  and to
32        otherwise aid in enhancing voluntary compliance with this
33        Act by the violator and other persons  similarly  subject
34        to the Act; and
                           -12-                LRB9003544DPcc
 1             (5)  the  number,  proximity in time, and gravity of
 2        previously adjudicated violations  of  this  Act  by  the
 3        violator.
 4    (Source: P.A.  87-1213;  88-45;  88-106; 88-496; 88-670, eff.
 5    12-2-94.)
 6        Section 99. Effective date.  This Act takes  effect  upon
 7    becoming law.

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