Public Act 099-0934
 
SB2950 EnrolledLRB099 18493 MGM 42872 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 5, 29, 41, and 42 as follows:
 
    (415 ILCS 5/5)  (from Ch. 111 1/2, par. 1005)
    Sec. 5. Pollution Control Board.
    (a) There is hereby created an independent board to be
known as the Pollution Control Board.
    Until July 1, 2003 or when all of the new members to be
initially appointed under this amendatory Act of the 93rd
General Assembly have been appointed by the Governor, whichever
occurs later, the Board shall consist of 7 technically
qualified members, no more than 4 of whom may be of the same
political party, to be appointed by the Governor with the
advice and consent of the Senate.
    The term of each appointed member of the Board who is in
office on June 30, 2003 shall terminate at the close of
business on that date or when all of the new members to be
initially appointed under this amendatory Act of the 93rd
General Assembly have been appointed by the Governor, whichever
occurs later.
    On and after August 11, 2003 (the effective date of Public
Act 93-509), the Beginning on July 1, 2003 or when all of the
new members to be initially appointed under this amendatory Act
of the 93rd General Assembly have been appointed by the
Governor, whichever occurs later, the Board shall consist of 5
technically qualified members, no more than 3 of whom may be of
the same political party, to be appointed by the Governor with
the advice and consent of the Senate. Members shall have
verifiable technical, academic, or actual experience in the
field of pollution control or environmental law and regulation.
    One member Of the members initially appointed pursuant to
this amendatory Act of the 93rd General Assembly, one shall be
appointed for a term ending July 1, 2004, 2 shall be appointed
for terms ending July 1, 2005, and 2 shall be appointed for
terms ending July 1, 2006. Thereafter, all members shall hold
office for 3 years from the first day of July in the year in
which they were appointed, except in case of an appointment to
fill a vacancy. In case of a vacancy in the office when the
Senate is not in session, the Governor may make a temporary
appointment until the next meeting of the Senate, when he or
she shall nominate some person to fill such office; and any
person so nominated, who is confirmed by the Senate, shall hold
the office during the remainder of the term.
    Members of the Board shall hold office until their
respective successors have been appointed and qualified. Any
member may resign from office, such resignation to take effect
when a successor has been appointed and has qualified.
    Board members shall be paid $37,000 per year or an amount
set by the Compensation Review Board, whichever is greater, and
the Chairman shall be paid $43,000 per year or an amount set by
the Compensation Review Board, whichever is greater. Each
member shall devote his or her entire time to the duties of the
office, and shall hold no other office or position of profit,
nor engage in any other business, employment, or vocation. Each
member shall be reimbursed for expenses necessarily incurred
and shall make a financial disclosure upon appointment.
    The Each Board member may employ one secretary and one
assistant for each member , and 2 assistants for the Chairman
one secretary and 2 assistants. The Board also may employ and
compensate hearing officers to preside at hearings under this
Act, and such other personnel as may be necessary. Hearing
officers shall be attorneys licensed to practice law in
Illinois.
    The Board may have an Executive Director; if so, the
Executive Director shall be appointed by the Governor with the
advice and consent of the Senate. The salary and duties of the
Executive Director shall be fixed by the Board.
    The Governor shall designate one Board member to be
Chairman, who shall serve at the pleasure of the Governor.
    The Board shall hold at least one meeting each month and
such additional meetings as may be prescribed by Board rules.
In addition, special meetings may be called by the Chairman or
by any 2 Board members, upon delivery of 48 24 hours written
notice to the office of each member. All Board meetings shall
be open to the public, and public notice of all meetings shall
be given at least 48 24 hours in advance of each meeting. In
emergency situations in which a majority of the Board certifies
that exigencies of time require the requirements of public
notice and of 24 hour written notice to members may be
dispensed with, and Board members shall receive such notice as
is reasonable under the circumstances.
    Three If there is no vacancy on the Board, 4 members of the
Board shall constitute a quorum to transact business; and the
affirmative vote of 3 members is necessary to adopt any order
otherwise, a majority of the Board shall constitute a quorum to
transact business, and no vacancy shall impair the right of the
remaining members to exercise all of the powers of the Board.
Every action approved by a majority of the members of the Board
shall be deemed to be the action of the Board. The Board shall
keep a complete and accurate record of all its meetings.
    (b) The Board shall determine, define and implement the
environmental control standards applicable in the State of
Illinois and may adopt rules and regulations in accordance with
Title VII of this Act.
    (c) The Board shall have authority to act for the State in
regard to the adoption of standards for submission to the
United States under any federal law respecting environmental
protection. Such standards shall be adopted in accordance with
Title VII of the Act and upon adoption shall be forwarded to
the Environmental Protection Agency for submission to the
United States pursuant to subsections (l) and (m) of Section 4
of this Act. Nothing in this paragraph shall limit the
discretion of the Governor to delegate authority granted to the
Governor under any federal law.
    (d) The Board shall have authority to conduct proceedings
upon complaints charging 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; upon administrative
citations; upon petitions for variances or adjusted standards;
upon petitions for review of the Agency's final determinations
on permit applications in accordance with Title X of this Act;
upon petitions to remove seals under Section 34 of this Act;
and upon other petitions for review of final determinations
which are made pursuant to this Act or Board rule and which
involve a subject which the Board is authorized to regulate.
The Board may also conduct other proceedings as may be provided
by this Act or any other statute or rule.
    (e) In connection with any proceeding pursuant to
subsection (b) or (d) of this Section, the Board may subpoena
and compel the attendance of witnesses and the production of
evidence reasonably necessary to resolution of the matter under
consideration. The Board shall issue such subpoenas upon the
request of any party to a proceeding under subsection (d) of
this Section or upon its own motion.
    (f) The Board may prescribe reasonable fees for permits
required pursuant to this Act. Such fees in the aggregate may
not exceed the total cost to the Agency for its inspection and
permit systems. The Board may not prescribe any permit fees
which are different in amount from those established by this
Act.
(Source: P.A. 95-331, eff. 8-21-07.)
 
    (415 ILCS 5/29)  (from Ch. 111 1/2, par. 1029)
    Sec. 29. (a) Any person adversely affected or threatened by
any rule or regulation of the Board may obtain a determination
of the validity or application of such rule or regulation by
petition for review under subsection (a) of Section 41 of this
Act for judicial review of the Board's final order adopting the
rule or regulation. For purposes of the 35-day appeal period of
subsection (a) of Section 41, a person is deemed to have been
served with the Board's final order on the date on which the
rule or regulation becomes effective pursuant to the Illinois
Administrative Procedure Act.
    (b) Action by the Board in adopting any regulation for
which judicial review could have been obtained under Section 41
of this Act shall not be subject to review regarding the
regulation's validity or application in any subsequent
proceeding under Title VIII, Title IX or Section 40 of this
Act.
(Source: P.A. 85-1048.)
 
    (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.
(Source: P.A. 99-463, eff. 1-1-16.)
 
    (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.
        (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.
    (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), (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;
        (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), or (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 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 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. 97-519, eff. 8-23-11; 98-638, eff. 1-1-15.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 1/27/2017