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91_HB0165 LRB9100276ACsb 1 AN ACT to amend the Environmental Protection Act by 2 changing Section 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 6 by changing Section 42 as follows: 7 (415 ILCS 5/42) (from Ch. 111 1/2, par. 1042) 8 Sec. 42. Civil penalties. 9 (a) Except as otherwise provided in this Section, any 10 person that violates any provision of this Act or any 11 regulation adopted by the Board, or any permit or term or 12 condition thereof, or that violates any determination or 13 order of the Board pursuant to this Act, shall be liable to a 14 civil penalty of up to
not to exceed$50,000 for the 15 violation, plus andan additional civil penalty of not to16 exceed $10,000for each day during which the violation 17 continues; this additional penalty may not exceed $10,000 per 18 day for a first violation, $20,000 per day for a second 19 similar violation, and $50,000 per day for a third or 20 subsequent similar violation. Civil suchpenalties may, upon 21 order of the Board or a court of competent jurisdiction, be 22 made payable to the Environmental Protection Trust Fund, to 23 be used in accordance with the provisions of the 24 Environmental Protection Trust Fund Act. 25 (b) Notwithstanding the provisions of subsection (a) of 26 this Section: 27 (1) Any person that violates Section 12(f) of this 28 Act or any NPDES permit or term or condition thereof, or 29 any filing requirement, regulation or order relating to 30 the NPDES permit program, shall be liable to a civil 31 penalty of not to exceed $10,000 per day of violation. -2- LRB9100276ACsb 1 (2) Any person that violates Section 12(g) of this 2 Act or any UIC permit or term or condition thereof, or 3 any filing requirement, regulation or order relating to 4 the State UIC program for all wells, except Class II 5 wells as defined by the Board under this Act, shall be 6 liable to a civil penalty not to exceed $2,500 per day of 7 violation; provided, however, that any person who commits 8 such violations relating to the State UIC program for 9 Class II wells, as defined by the Board under this Act, 10 shall be liable to a civil penalty of not to exceed 11 $10,000 for the violation and an additional civil penalty 12 of not to exceed $1,000 for each day during which the 13 violation continues. 14 (3) Any person that violates Sections 21(f), 21(g), 15 21(h) or 21(i) of this Act, or any RCRA permit or term or 16 condition thereof, or any filing requirement, regulation 17 or order relating to the State RCRA program, shall be 18 liable to a civil penalty of up to not to exceed$25,000 19 per day of violation, or the penalty set forth in 20 subsection (a), whichever is greater. 21 (4) In an administrative citation action under 22 Section 31.1 of this Act, any person found to have 23 violated any provision of subsection (o) or (p) of 24 Section 21 of this Act shall pay a civil penalty of $500 25 for each violation of each such provision, plus any 26 hearing costs incurred by the Board and the Agency. Such 27 penalties shall be made payable to the Environmental 28 Protection Trust Fund, to be used in accordance with the 29 provisions of the Environmental Protection Trust Fund 30 Act; except that if a unit of local government issued the 31 administrative citation, 50% of the civil penalty shall 32 be payable to the unit of local government. 33 (5) Any person who violates subsection 6 of Section 34 39.5 of this Act or any CAAPP permit, or term or -3- LRB9100276ACsb 1 condition thereof, or any fee or filing requirement, or 2 any duty to allow or carry out inspection, entry or 3 monitoring activities, or any regulation or order 4 relating to the CAAPP shall be liable for a civil penalty 5 not to exceed $10,000 per day of violation. 6 (b.5) In lieu of the penalties set forth in subsections 7 (a) and (b) of this Section, any person who fails to file, in 8 a timely manner, toxic chemical release forms with the Agency 9 pursuant to Section 25b-2 of this Act shall be liable for a 10 civil penalty of $100 per day for each day the forms are 11 late, not to exceed a maximum total penalty of $6,000. This 12 daily penalty shall begin accruing on the thirty-first day 13 after the date that the person receives the warning notice 14 issued by the Agency pursuant to Section 25b-6 of this Act; 15 and the penalty shall be paid to the Agency. The daily 16 accrual of penalties shall cease as of January 1 of the 17 following year. All penalties collected by the Agency 18 pursuant to this subsection shall be deposited into the 19 Environmental Protection Permit and Inspection Fund. 20 (c) Any person that violates this Act, or an order or 21 other determination of the Board under this Act and causes 22 the death of fish or aquatic life shall, in addition to the 23 other penalties provided by this Act, be liable to pay to the 24 State an additional sum for the reasonable value of the fish 25 or aquatic life destroyed. Any money so recovered shall be 26 placed in the Wildlife and Fish Fund in the State Treasury. 27 (d) The penalties provided for in this Section may be 28 recovered in a civil action. 29 (e) The State's Attorney of the county in which the 30 violation occurred, or the Attorney General, may, at the 31 request of the Agency or on his own motion, institute a civil 32 action for an injunction to restrain violations of this Act. 33 (f) The State's Attorney of the county in which the 34 violation occurred, or the Attorney General, shall bring such -4- LRB9100276ACsb 1 actions in the name of the people of the State of Illinois. 2 Without limiting any other authority which may exist for the 3 awarding of attorney's fees and costs, the Board or a court 4 of competent jurisdiction may award costs and reasonable 5 attorney's fees, including the reasonable costs of expert 6 witnesses and consultants, to the State's Attorney or the 7 Attorney General in a case where he has prevailed against a 8 person who has committed a wilful, knowing or repeated 9 violation of the Act. 10 Any funds collected under this subsection (f) in which 11 the Attorney General has prevailed shall be deposited in the 12 Hazardous Waste Fund created in Section 22.2 of this Act. Any 13 funds collected under this subsection (f) in which a State's 14 Attorney has prevailed shall be retained by the county in 15 which he serves. 16 (g) All final orders imposing civil penalties pursuant 17 to this Section shall prescribe the time for payment of such 18 penalties. If any such penalty is not paid within the time 19 prescribed, interest on such penalty at the rate set forth in 20 subsection (a) of Section 1003 of the Illinois Income Tax 21 Act, shall be paid for the period from the date payment is 22 due until the date payment is received. However, if the time 23 for payment is stayed during the pendency of an appeal, 24 interest shall not accrue during such stay. 25 (h) In determining the appropriate civil penalty to be 26 imposed under subdivisions (a), (b)(1), (b)(2), (b)(3), or 27 (b)(5) of this Section, the Board is authorized to consider 28 any matters of record in mitigation or aggravation of 29 penalty, including but not limited to the following factors: 30 (1) the duration and gravity of the violation; 31 (2) the presence or absence of due diligence on the 32 part of the violator in attempting to comply with 33 requirements of this Act and regulations thereunder or to 34 secure relief therefrom as provided by this Act; -5- LRB9100276ACsb 1 (3) any economic benefits accrued by the violator 2 because of delay in compliance with requirements; 3 (4) the amount of monetary penalty which will serve 4 to deter further violations by the violator and to 5 otherwise aid in enhancing voluntary compliance with this 6 Act by the violator and other persons similarly subject 7 to the Act; and 8 (5) the number, proximity in time, and gravity of 9 previously adjudicated violations of this Act by the 10 violator. 11 (Source: P.A. 90-773, eff. 8-14-98.) 12 Section 99. Effective date. This Act takes effect upon 13 becoming law.
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