TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 240 THE ILLINOIS OIL AND GAS ACT
SECTION 240.1857 DIRECTOR'S APPROVAL OF PENALTY OR AGREED COMPROMISE
Section 240.1857 Director's Approval of Penalty or Agreed Compromise
Upon receipt of a notice of penalty or compromise, the Director shall conduct an investigation and may affirm, or enter into a hearing concerning, the propriety of the applicable notice of probable violation, payment or compromise.
a) The Director must consider:
1) the nature, circumstances and gravity of the violation, including adverse impact on the environment;
2) with respect to the violator, the degree of culpability, any history of prior violations, and any effect on ability to continue doing business; and
3) good faith in attempting to comply.
b) The Director may consider:
1) the economic benefit gained from the violation without any reduction because of subsequent damages; and
2) other matters that justice requires.
(Source: Added at 43 Ill. Reg. 11524, effective September 24, 2019)