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Public Act 097-0519


 

Public Act 0519 97TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 097-0519
 
SB1357 EnrolledLRB097 00021 JDS 40022 b

    AN ACT concerning safety.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Environmental Protection Act is amended by
changing Sections 31 and 42 as follows:
 
    (415 ILCS 5/31)  (from Ch. 111 1/2, par. 1031)
    Sec. 31. Notice; complaint; hearing.
    (a)(1) Within 180 days after of becoming aware of an
    alleged violation of the Act, or any rule adopted under the
    Act, or of a permit granted by the Agency, or a condition
    of such a the permit, the Agency shall issue and serve, by
    certified mail, upon the person complained against a
    written notice informing that person that the Agency has
    evidence of the alleged violation. At a minimum, the
    written notice shall contain:
            (A) a notification to the person complained
        against of the requirement to submit a written response
        addressing the violations alleged and the option to
        meet with appropriate agency personnel to resolve any
        alleged violations that could lead to the filing of a
        formal complaint;
            (B) a detailed explanation by the Agency of the
        violations alleged;
            (C) an explanation by the Agency of the actions
        that the Agency believes may resolve the alleged
        violations, including an estimate of a reasonable time
        period for the person complained against to complete
        the suggested resolution; and
            (D) an explanation of any alleged violation that
        the Agency believes cannot be resolved without the
        involvement of the Office of the Illinois Attorney
        General or the State's Attorney of the county in which
        the alleged violation occurred and the basis for the
        Agency's belief.
        (2) A written response to the violations alleged shall
    be submitted to the Agency, by certified mail, within 45
    days after of receipt of notice by the person complained
    against, unless the Agency agrees to an extension. The
    written response shall include:
            (A) information in rebuttal, explanation or
        justification of each alleged violation;
            (B) if the person complained against desires to
        enter into a Compliance Commitment Agreement, proposed
        terms for a proposed Compliance Commitment Agreement
        that includes specified times for achieving each
        commitment and which may consist of a statement
        indicating that the person complained against believes
        that compliance has been achieved; and
            (C) a request for a meeting with appropriate Agency
        personnel if a meeting is desired by the person
        complained against.
        (3) If the person complained against fails to respond
    in accordance with the requirements of subdivision (2) of
    this subsection (a), the failure to respond shall be
    considered a waiver of the requirements of this subsection
    (a) and nothing in this Section shall preclude the Agency
    from proceeding pursuant to subsection (b) of this Section.
        (4) A meeting requested pursuant to subdivision (2) of
    this subsection (a) shall be held without a representative
    of the Office of the Illinois Attorney General or the
    State's Attorney of the county in which the alleged
    violation occurred, within 60 days after of receipt of
    notice by the person complained against, unless the Agency
    agrees to a postponement. At the meeting, the Agency shall
    provide an opportunity for the person complained against to
    respond to each alleged violation, suggested resolution,
    and suggested implementation time frame, and to suggest
    alternate resolutions.
        (5) If a meeting requested pursuant to subdivision (2)
    of this subsection (a) is held, the person complained
    against shall, within 21 days following the meeting or
    within an extended time period as agreed to by the Agency,
    submit by certified mail to the Agency a written response
    to the alleged violations. The written response shall
    include:
            (A) additional information in rebuttal,
        explanation, or justification of each alleged
        violation;
            (B) if the person complained against desires to
        enter into a Compliance Commitment Agreement, proposed
        terms for a proposed Compliance Commitment Agreement
        that includes specified times for achieving each
        commitment and which may consist of a statement
        indicating that the person complained against believes
        that compliance has been achieved; and
            (C) a statement indicating that, should the person
        complained against so wish, the person complained
        against chooses to rely upon the initial written
        response submitted pursuant to subdivision (2) of this
        subsection (a).
        (6) If the person complained against fails to respond
    in accordance with the requirements of subdivision (5) of
    this subsection (a), the failure to respond shall be
    considered a waiver of the requirements of this subsection
    (a) and nothing in this Section shall preclude the Agency
    from proceeding pursuant to subsection (b) of this Section.
        (7) Within 30 days after of the Agency's receipt of a
    written response submitted by the person complained
    against pursuant to subdivision (2) of this subsection (a),
    if a meeting is not requested, or pursuant to subdivision
    (5) of this subsection (a), if a meeting is held, or within
    a later time period as agreed to by the Agency and the
    person complained against, the Agency shall issue and
    serve, by certified mail, upon the person complained
    against (i) a written notice informing the person of its
    acceptance, rejection, or proposed modification to the
    proposed Compliance Commitment Agreement or (ii) a notice
    that one or more violations cannot be resolved without the
    involvement of the Office of the Attorney General or the
    State's Attorney of the county in which the alleged
    violation occurred and that no proposed Compliance
    Commitment Agreement will be issued by the Agency for those
    violations. The Agency shall include terms and conditions
    in the proposed Compliance Commitment Agreement that are,
    in its discretion, necessary to bring the person complained
    against into compliance with the Act, any rule adopted
    under the Act, any permit granted by the Agency, or any
    condition of such a permit. The Agency shall take into
    consideration the proposed terms for the proposed
    Compliance Commitment Agreement that were provided under
    subdivision (a)(2)(B) or (a)(5)(B) of this Section by the
    person complained against as contained within the written
    response.
        (7.5) Within 30 days after the receipt of the Agency's
    proposed Compliance Commitment Agreement by the person
    complained against, the person shall either (i) agree to
    and sign the proposed Compliance Commitment Agreement
    provided by the Agency and submit the signed Compliance
    Commitment Agreement to the Agency by certified mail or
    (ii) notify the Agency in writing by certified mail of the
    person's rejection of the proposed Compliance Commitment
    Agreement. If the person complained against fails to
    respond to the proposed Compliance Commitment Agreement
    within 30 days as required under this paragraph, the
    proposed Compliance Commitment Agreement is deemed
    rejected by operation of law. Any Compliance Commitment
    Agreement entered into under item (i) of this paragraph may
    be amended subsequently in writing by mutual agreement
    between the Agency and the signatory to the Compliance
    Commitment Agreement, the signatory's legal
    representative, or the signatory's agent.
        (7.6) No person shall violate the terms or conditions
    of a Compliance Commitment Agreement entered into under
    subdivision (a)(7.5) of this Section. Successful
    completion of a Compliance Commitment Agreement or an
    amended Compliance Commitment Agreement shall be a factor
    to be weighed, in favor of the person completing the
    Agreement, by the Office of the Illinois Attorney General
    in determining whether to file a complaint for the
    violations that were the subject of the Agreement.
        (8) Nothing in this subsection (a) is intended to
    require the Agency to enter into Compliance Commitment
    Agreements for any alleged violation that the Agency
    believes cannot be resolved without the involvement of the
    Office of the Attorney General or the State's Attorney of
    the county in which the alleged violation occurred, for,
    among other purposes, the imposition of statutory
    penalties.
        (9) The Agency's failure to respond within 30 days to a
    written response submitted pursuant to subdivision (2) of
    this subsection (a), if a meeting is not requested, or
    pursuant to subdivision (5) of this subsection (a), if a
    meeting is held, within 30 days, or within the time period
    otherwise agreed to in writing by the Agency and the person
    complained against, shall be deemed an acceptance by the
    Agency of the proposed terms of the Compliance Commitment
    Agreement for the violations alleged in the written notice
    issued under subdivision (1) of this subsection (a) as
    contained within the written response.
        (10) If the person complained against complies with the
    terms of a Compliance Commitment Agreement accepted
    pursuant to this subsection (a), the Agency shall not refer
    the alleged violations which are the subject of the
    Compliance Commitment Agreement to the Office of the
    Illinois Attorney General or the State's Attorney of the
    county in which the alleged violation occurred. However,
    nothing in this subsection is intended to preclude the
    Agency from continuing negotiations with the person
    complained against or from proceeding pursuant to the
    provisions of subsection (b) of this Section for alleged
    violations that which remain the subject of disagreement
    between the Agency and the person complained against
    following fulfillment of the requirements of this
    subsection (a).
        (11) Nothing in this subsection (a) is intended to
    preclude the person complained against from submitting to
    the Agency, by certified mail, at any time, notification
    that the person complained against consents to waiver of
    the requirements of subsections (a) and (b) of this
    Section.
        (12) The Agency shall have the authority to adopt rules
    for the administration of subsection (a) of this Section.
    The rules shall be adopted in accordance with the
    provisions of the Illinois Administrative Procedure Act.
    (b) For alleged violations that remain the subject of
disagreement between the Agency and the person complained
against following fulfillment of the requirements of
subsection (a) of this Section, and for alleged violations of
the terms or conditions of a Compliance Commitment Agreement
entered into under subdivision (a)(7.5) of this Section as well
as the alleged violations that are the subject of the
Compliance Commitment Agreement, and as a precondition to the
Agency's referral or request to the Office of the Illinois
Attorney General or the State's Attorney of the county in which
the alleged violation occurred for legal representation
regarding an alleged violation that may be addressed pursuant
to subsection (c) or (d) of this Section or pursuant to Section
42 of this Act, the Agency shall issue and serve, by certified
mail, upon the person complained against a written notice
informing that person that the Agency intends to pursue legal
action. Such notice shall notify the person complained against
of the violations to be alleged and offer the person an
opportunity to meet with appropriate Agency personnel in an
effort to resolve any alleged violations that could lead to the
filing of a formal complaint. The meeting with Agency personnel
shall be held within 30 days after of receipt of notice served
pursuant to this subsection upon the person complained against,
unless the Agency agrees to a postponement or the person
notifies the Agency that he or she will not appear at a meeting
within the 30-day time period. Nothing in this subsection is
intended to preclude the Agency from following the provisions
of subsection (c) or (d) of this Section or from requesting the
legal representation of the Office of the Illinois Attorney
General or the State's Attorney of the county in which the
alleged violations occurred for alleged violations which
remain the subject of disagreement between the Agency and the
person complained against after the provisions of this
subsection are fulfilled.
     (c)(1) For alleged violations which remain the subject of
    disagreement between the Agency and the person complained
    against following waiver, pursuant to subdivision (10) of
    subsection (a) of this Section, or fulfillment of the
    requirements of subsections (a) and (b) of this Section,
    the Office of the Illinois Attorney General or the State's
    Attorney of the county in which the alleged violation
    occurred shall issue and serve upon the person complained
    against a written notice, together with a formal complaint,
    which shall specify the provision of the Act, or the rule,
    or regulation, or permit, or term or condition thereof
    under which such person is said to be in violation, and a
    statement of the manner in, and the extent to which such
    person is said to violate the Act, or such rule, or
    regulation, or permit, or term or condition thereof and
    shall require the person so complained against to answer
    the charges of such formal complaint at a hearing before
    the Board at a time not less than 21 days after the date of
    notice by the Board, except as provided in Section 34 of
    this Act. Such complaint shall be accompanied by a
    notification to the defendant that financing may be
    available, through the Illinois Environmental Facilities
    Financing Act, to correct such violation. A copy of such
    notice of such hearings shall also be sent to any person
    that has complained to the Agency respecting the respondent
    within the six months preceding the date of the complaint,
    and to any person in the county in which the offending
    activity occurred that has requested notice of enforcement
    proceedings; 21 days notice of such hearings shall also be
    published in a newspaper of general circulation in such
    county. The respondent may file a written answer, and at
    such hearing the rules prescribed in Sections 32 and 33 of
    this Act shall apply. In the case of actual or threatened
    acts outside Illinois contributing to environmental damage
    in Illinois, the extraterritorial service-of-process
    provisions of Sections 2-208 and 2-209 of the Code of Civil
    Procedure shall apply.
        With respect to notices served pursuant to this
    subsection (c)(1) that which involve hazardous material or
    wastes in any manner, the Agency shall annually publish a
    list of all such notices served. The list shall include the
    date the investigation commenced, the date notice was sent,
    the date the matter was referred to the Attorney General,
    if applicable, and the current status of the matter.
        (2) Notwithstanding the provisions of subdivision (1)
    of this subsection (c), whenever a complaint has been filed
    on behalf of the Agency or by the People of the State of
    Illinois, the parties may file with the Board a stipulation
    and proposal for settlement accompanied by a request for
    relief from the requirement of a hearing pursuant to
    subdivision (1). Unless the Board, in its discretion,
    concludes that a hearing will be held, the Board shall
    cause notice of the stipulation, proposal and request for
    relief to be published and sent in the same manner as is
    required for hearing pursuant to subdivision (1) of this
    subsection. The notice shall include a statement that any
    person may file a written demand for hearing within 21 days
    after receiving the notice. If any person files a timely
    written demand for hearing, the Board shall deny the
    request for relief from a hearing and shall hold a hearing
    in accordance with the provisions of subdivision (1).
        (3) Notwithstanding the provisions of subdivision (1)
    of this subsection (c), if the Agency becomes aware of a
    violation of this Act arising from, or as a result of,
    voluntary pollution prevention activities, the Agency
    shall not proceed with the written notice required by
    subsection (a) of this Section unless:
            (A) the person fails to take corrective action or
        eliminate the reported violation within a reasonable
        time; or
            (B) the Agency believes that the violation poses a
        substantial and imminent danger to the public health or
        welfare or the environment. For the purposes of this
        item (B), "substantial and imminent danger" means a
        danger with a likelihood of serious or irreversible
        harm.
        (d)(1) Any person may file with the Board a complaint,
    meeting the requirements of subsection (c) of this Section,
    against any person allegedly violating this Act, any rule
    or regulation adopted under this Act, any permit or term or
    condition of a permit, or any Board order. The complainant
    shall immediately serve a copy of such complaint upon the
    person or persons named therein. Unless the Board
    determines that such complaint is duplicative or
    frivolous, it shall schedule a hearing and serve written
    notice thereof upon the person or persons named therein, in
    accord with subsection (c) of this Section.
        (2) Whenever a complaint has been filed by a person
    other than the Attorney General or the State's Attorney,
    the parties may file with the Board a stipulation and
    proposal for settlement accompanied by a request for relief
    from the hearing requirement of subdivision (c)(1) of this
    Section. Unless the Board, in its discretion, concludes
    that a hearing should be held, no hearing on the
    stipulation and proposal for settlement is required.
    (e) In hearings before the Board under this Title the
burden shall be on the Agency or other complainant to show
either that the respondent has caused or threatened to cause
air or water pollution or that the respondent has violated or
threatens to violate any provision of this Act or any rule or
regulation of the Board or permit or term or condition thereof.
If such proof has been made, the burden shall be on the
respondent to show that compliance with the Board's regulations
would impose an arbitrary or unreasonable hardship.
    (f) The provisions of this Section shall not apply to
administrative citation actions commenced under Section 31.1
of this Act.
(Source: P.A. 92-574, eff. 6-26-02; 93-152, eff. 7-10-03.)
 
    (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.
        (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.
        (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.
        (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.
        (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
    22.51, 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 22.51,
    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.
        (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.
        (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.
    (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 wilful, 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), or
(b)(5) 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;
        (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; and
        (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), or (5) 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 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
    disclosed prior to:
            (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
        the Agency;
        (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
    the non-compliance;
        (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.
    (j) In addition to any an 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. 95-331, eff. 8-21-07; 96-603, eff. 8-24-09;
96-737, eff. 8-25-09; 96-1000, eff. 7-2-10; 96-1416, eff.
7-30-10.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/23/2011