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91_HB3009ham001 LRB9109978ACpcam 1 AMENDMENT TO HOUSE BILL 3009 2 AMENDMENT NO. . Amend House Bill 3009, on page 1, 3 lines 2 and 6, by replacing "Sections 9, 10, and 42" each 4 time it appears with "Sections 9, 10, 31.1, and 42"; and 5 on page 2, by replacing lines 33 and 34 with the following: 6 "this Section shall be construed to prohibit the open burning 7 of landscape waste for agricultural purposes (including but 8 not limited to the open burning of landscape waste by 9 production nurseries and the open burning of landscape waste 10 generated on a farm), habitat management purposes (including 11 but not limited to forest and prairie reclamation), or 12 firefighter training. For the purposes of this subsection, 13 "farm" has the same meaning as under Section 1-60 of the 14 Property Tax Code
Act, the burning of landscape waste by15 production nurseries shall be considered to be burning for16 agricultural purposes."; and 17 on page 3, by deleting lines 1 through 4; and 18 on page 5, by replacing line 24 with "of the State that is 19 classified on the effective date of this amendatory Act of 20 the 91st General Assembly as a moderate,"; and 21 on page 5, by replacing lines 26 through 28 with the 22 following: -2- LRB9109978ACpcam 1 "under Section 181 of the federal Clean Air Act. Initial 2 rules adopted to implement this amendatory Act of the 91st 3 General Assembly shall take effect on July 1, 2001. If a 4 unit of"; and 5 on page 8, immediately below line 9, by inserting the 6 following: 7 "(415 ILCS 5/31.1) (from Ch. 111 1/2, par. 1031.1) 8 Sec. 31.1. Administrative citation. 9 (a) The prohibitions specified in subsections (o) and 10 (p) of Section 21 of this Act shall be enforceable either by 11 administrative citation under this Section or as otherwise 12 provided by this Act. A violation of subsection (C) of 13 Section 10 of this Act is enforceable either by 14 administrative citation under this Section or as otherwise 15 provided by this Act. 16 (b) Whenever Agency personnel or personnel of a unit of 17 local government to which the Agency has delegated its 18 functions pursuant to subsection (r) of Section 4 of this 19 Act, on the basis of direct observation, determine that any 20 person has violated any provision of subsection (o) or (p) of 21 Section 21 of this Act or subsection (C) of Section 10 of 22 this Act, the Agency or such unit of local government may 23 issue and serve an administrative citation upon such person 24 within not more than 60 days after the date of the observed 25 violation. Each such citation issued shall be served upon 26 the person named therein or such person's authorized agent 27 for service of process, and shall include the following 28 information: 29 (1) a statement specifying the provisions of 30 subsection (o) or (p) of Section 21 or subsection (C) of 31 Section 10 of which the person was observed to be in 32 violation; 33 (2) a copy of the inspection report in which the -3- LRB9109978ACpcam 1 Agency or local government recorded the violation, which 2 report shall include the date and time of inspection, and 3 weather conditions prevailing during the inspection; 4 (3) the penalty imposed by subdivision (b)(4) of5 Section 42 for such violation; 6 (4) instructions for contesting the administrative 7 citation findings pursuant to this Section, including 8 notification that the person has 35 days within which to 9 file a petition for review before the Board to contest 10 the administrative citation; and 11 (5) an affidavit by the personnel observing the 12 violation, attesting to their material actions and 13 observations. 14 (c) The Agency or unit of local government shall file a 15 copy of each administrative citation served under subsection 16 (b) of this Section with the Board no later than 10 days 17 after the date of service. 18 (d) (1) If the person named in the administrative 19 citation fails to petition the Board for review within 35 20 days from the date of service, the Board shall adopt a final 21 order, which shall include the administrative citation and 22 findings of violation as alleged in the citation, and shall 23 impose the penalty specified in subdivision (b)(4) ofSection 24 42. 25 (2) If a petition for review is filed before the Board 26 to contest an administrative citation issued under subsection 27 (b) of this Section, the Agency or unit of local government 28 shall appear as a complainant at a hearing before the Board 29 to be conducted pursuant to Section 32 of this Act at a time 30 not less than 21 days after notice of such hearing has been 31 sent by the Board to the Agency or unit of local government 32 and the person named in the citation. In such hearings, the 33 burden of proof shall be on the Agency or unit of local 34 government. If, based on the record, the Board finds that the -4- LRB9109978ACpcam 1 alleged violation occurred, it shall adopt a final order 2 which shall include the administrative citation and findings 3 of violation as alleged in the citation, and shall impose the 4 penalty specified in subdivision (b)(4) ofSection 42. 5 However, if the Board finds that the person appealing the 6 citation has shown that the violation resulted from 7 uncontrollable circumstances, the Board shall adopt a final 8 order which makes no finding of violation and which imposes 9 no penalty. 10 (e) Sections 10-25 through 10-60 of the Illinois 11 Administrative Procedure Act shall not apply to any 12 administrative citation issued under subsection (b) of this 13 Section. 14 (f) The other provisions of this Section shall not apply 15 to a sanitary landfill operated by a unit of local government 16 solely for the purpose of disposing of water and sewage 17 treatment plant sludges, including necessary stabilizing 18 materials. 19 (g) All final orders issued and entered by the Board 20 pursuant to this Section shall be enforceable by injunction, 21 mandamus or other appropriate remedy, in accordance with 22 Section 42 of this Act. 23 (Source: P.A. 88-45; 88-496; 88-670, eff. 12-2-94.)"; and 24 on page 9, line 29, by replacing "(4-5)" with "(4.1) (4-5)"; 25 and 26 on page 10, immediately below line 7, by inserting the 27 following: 28 "(4.2) In an administrative citation action under 29 Section 31.1 of this Act, a person found to have violated a 30 provision of subsection (C) of Section 10 of this Act or a 31 rule adopted under that subsection shall pay a civil penalty 32 of $100 for a first violation, $250 for a second violation, 33 and $500 for a third or subsequent violation, plus any -5- LRB9109978ACpcam 1 hearing costs incurred by the Board and the Agency. Such 2 penalties shall be made payable to the Environmental 3 Protection Trust Fund, to be used in accordance with the 4 provisions of the Environmental Protection Trust Fund Act; 5 except that if a unit of local government issued the 6 administrative citation, 50% of the civil penalty shall be 7 payable to the unit of local government. The civil penalty 8 imposed by this item (4.2) is in addition to any other 9 penalty provided by law.".
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