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Public Act 91-0814
HB4466 Enrolled LRB9109277JSpc
AN ACT to amend the Illinois Gas Pipeline Safety Act by
changing Section 7.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Gas Pipeline Safety Act is
amended by changing Section 7 as follows:
(220 ILCS 20/7) (from Ch. 111 2/3, par. 557)
Sec. 7. Penalties; action for penalties.
(a) Any person violating paragraph (a) of Section 6 of
this Act or any rule or order issued under this Act is
subject to a civil penalty not to exceed the maximum
penalties established by Section 60122(a)(1) of Title 49 of
the United States Code of not more than $10,000 for each
violation for each day the violation persists. The maximum
civil penalty may not exceed $500,000 for any related series
of violations. Such civil penalties do not apply to a
violation with respect to a pipeline facility in existence on
the effective date of this Act unless such violation persists
one year from the effective date.
(b) Any civil penalty may be compromised by the
Commission. In determining the amount of the penalty, or the
amount agreed upon in compromise, the Commission shall
consider the appropriateness of the penalty to the size of
the business of the person charged, the gravity of the
violation, and the good faith of the person charged in
attempting to achieve compliance, after notification of a
violation. The amount of the penalty when finally determined,
or the amount agreed upon in compromise, may be deducted from
any sums owing by the State of Illinois to the person charged
or may be recovered in a civil action in accordance with
paragraph (c) of this Section 7.
(c) Actions to recover penalties under this Act shall be
brought in the name of the People of the State of Illinois in
the circuit court in and for the county in which the cause or
some part thereof, arose or in which the corporation
complained of, if any, has its principal place of business or
in which the person, if any, complained of, resides. All
penalties recovered by the State in any action shall be paid
into the general fund of the State Treasury. The action shall
be commenced and prosecuted to final judgment by the Attorney
General on behalf of the Commission. In all such actions, the
procedure and rules of evidence shall conform with the Civil
Practice Law and other rules of court governing civil trials.
(d) In addition the Commission may proceed under Section
4-202 10-204 of the Public Utilities Act, either by mandamus
or injunction, to secure compliance with its rules,
regulations and orders issued under this Act.
(e) Any person penalized under this Section is not
subject, for the same cause, to any other penalty provided in
the Public Utilities Act.
(Source: P.A. 87-1092.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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