Rep. Frank J. Mautino

Filed: 3/11/2011

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 805

2    AMENDMENT NO. ______. Amend House Bill 805 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Municipal Code is amended by
5changing Section 1-2-1 as follows:
 
6    (65 ILCS 5/1-2-1)  (from Ch. 24, par. 1-2-1)
7    Sec. 1-2-1. The corporate authorities of each municipality
8may pass all ordinances and make all rules and regulations
9proper or necessary, to carry into effect the powers granted to
10municipalities, with such fines or penalties as may be deemed
11proper. No fine or penalty, however, except civil penalties
12provided for failure to make returns or to pay any taxes levied
13by the municipality and civil penalties imposed pursuant to an
14ordinance adopted under Section 22.56 of the Environmental
15Protection Act, shall exceed $750 and no imprisonment
16authorized in Section 1-2-9 for failure to pay any fine,

 

 

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1penalty or cost shall exceed 6 months for one offense.
2    A penalty imposed for violation of an ordinance may
3include, or consist of, a requirement that the defendant do one
4or both of the following:
5        (1) Complete an education program, except that a holder
6    of a valid commercial driver's license who commits a
7    vehicle weight or size restriction violation shall not be
8    required to complete an education program under this
9    Section.
10        (2) Perform some reasonable public service work such as
11    but not limited to the picking up of litter in public parks
12    or along public highways or the maintenance of public
13    facilities.
14    A default in the payment of a fine or penalty or any
15installment of a fine or penalty may be collected by any means
16authorized for the collection of monetary judgments. The
17municipal attorney of the municipality in which the fine or
18penalty was imposed may retain attorneys and private collection
19agents for the purpose of collecting any default in payment of
20any fine or penalty or installment of that fine or penalty. Any
21fees or costs incurred by the municipality with respect to
22attorneys or private collection agents retained by the
23municipal attorney under this Section shall be charged to the
24offender.
25    A low-income individual required to complete an education
26program under this Section who provides proof of eligibility

 

 

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1for the federal earned income tax credit under Section 32 of
2the Internal Revenue Code or the Illinois earned income tax
3credit under Section 212 of the Illinois Income Tax Act shall
4not be required to pay any fee for participating in a required
5education program.
6(Source: P.A. 95-389, eff. 1-1-08; 96-288, eff. 8-11-09.)
 
7    Section 10. The Environmental Protection Act is amended by
8adding Section 22.56 and by changing Section 42 as follows:
 
9    (415 ILCS 5/22.56 new)
10    Sec. 22.56. Local regulation of sludge application.
11    (a) A unit of local government in a county with a
12population between 110,000 and 115,000 and a county with a
13population between 34,000 and 35,500 is specifically
14authorized to adopt an ordinance requiring that any person
15applying sludge, as defined in Section 3.465, to land within
16the jurisdiction of that unit of local government:
17        (1) must notify the property owners, townships, and
18    county of the site where the sludge is to be applied at
19    least 7 days before the application of the sludge;
20        (2) must identify the exact location of the site where
21    the sludge is to be applied;
22        (3) must not stockpile sludge at the same site for a
23    period of more than 30 days between applications;
24        (4) must not dump sludge in open trenches or bury

 

 

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1    sludge; and
2        (5) must document laboratory testing of the sludge to
3    determine the presence of any hazardous substance or
4    contaminant.
5    (b) A unit of local government in a county with a
6population between 110,000 and 115,000 and a county with a
7population between 34,000 and 35,500 is specifically
8authorized to adopt an ordinance imposing a fee on any person
9engaging in the application of sludge to land within the
10jurisdiction of that unit of local government, not to exceed
1120¢ per ton of sludge applied.
12    (c) A unit of local government in a county with a
13population between 110,000 and 115,000 and a county with a
14population between 34,000 and 35,500 is specifically
15authorized to adopt an ordinance imposing a civil penalty in an
16amount specified in the ordinance upon (i) any person who
17applies sludge to land within the jurisdiction of that unit of
18local government in a manner that results in the release of any
19hazardous substance, as defined in Section 3.215, or any other
20contaminant that the unit of government has found to be
21injurious to the public health and safety of the community, and
22(ii) any person who owned or leased that land and gave actual
23or constructive consent to that application of sludge.
 
24
25    (415 ILCS 5/42)  (from Ch. 111 1/2, par. 1042)

 

 

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1    Sec. 42. Civil penalties.
2    (a) Except as otherwise provided in this Section, any
3person that violates any provision of this Act or any
4regulation adopted by the Board, or any permit or term or
5condition thereof, or that violates any order of the Board
6pursuant to this Act, shall be liable for a civil penalty of
7not to exceed $50,000 for the violation and an additional civil
8penalty of not to exceed $10,000 for each day during which the
9violation continues; such penalties may, upon order of the
10Board or a court of competent jurisdiction, be made payable to
11the Environmental Protection Trust Fund, to be used in
12accordance with the provisions of the Environmental Protection
13Trust Fund Act.
14    (b) Notwithstanding the provisions of subsection (a) of
15this Section:
16        (1) Any person that violates Section 12(f) of this Act
17    or any NPDES permit or term or condition thereof, or any
18    filing requirement, regulation or order relating to the
19    NPDES permit program, shall be liable to a civil penalty of
20    not to exceed $10,000 per day of violation.
21        (2) Any person that violates Section 12(g) of this Act
22    or any UIC permit or term or condition thereof, or any
23    filing requirement, regulation or order relating to the
24    State UIC program for all wells, except Class II wells as
25    defined by the Board under this Act, shall be liable to a
26    civil penalty not to exceed $2,500 per day of violation;

 

 

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1    provided, however, that any person who commits such
2    violations relating to the State UIC program for Class II
3    wells, as defined by the Board under this Act, shall be
4    liable to a civil penalty of not to exceed $10,000 for the
5    violation and an additional civil penalty of not to exceed
6    $1,000 for each day during which the violation continues.
7        (3) Any person that violates Sections 21(f), 21(g),
8    21(h) or 21(i) of this Act, or any RCRA permit or term or
9    condition thereof, or any filing requirement, regulation
10    or order relating to the State RCRA program, shall be
11    liable to a civil penalty of not to exceed $25,000 per day
12    of violation.
13        (4) In an administrative citation action under Section
14    31.1 of this Act, any person found to have violated any
15    provision of subsection (o) of Section 21 of this Act shall
16    pay a civil penalty of $500 for each violation of each such
17    provision, plus any hearing costs incurred by the Board and
18    the Agency. Such penalties shall be made payable to the
19    Environmental Protection Trust Fund, to be used in
20    accordance with the provisions of the Environmental
21    Protection Trust Fund Act; except that if a unit of local
22    government issued the administrative citation, 50% of the
23    civil penalty shall be payable to the unit of local
24    government.
25        (4-5) In an administrative citation action under
26    Section 31.1 of this Act, any person found to have violated

 

 

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1    any provision of subsection (p) of Section 21, Section
2    22.51, Section 22.51a, or subsection (k) of Section 55 of
3    this Act shall pay a civil penalty of $1,500 for each
4    violation of each such provision, plus any hearing costs
5    incurred by the Board and the Agency, except that the civil
6    penalty amount shall be $3,000 for each violation of any
7    provision of subsection (p) of Section 21, Section 22.51,
8    Section 22.51a, or subsection (k) of Section 55 that is the
9    person's second or subsequent adjudication violation of
10    that provision. The penalties shall be deposited into the
11    Environmental Protection Trust Fund, to be used in
12    accordance with the provisions of the Environmental
13    Protection Trust Fund Act; except that if a unit of local
14    government issued the administrative citation, 50% of the
15    civil penalty shall be payable to the unit of local
16    government.
17        (5) Any person who violates subsection 6 of Section
18    39.5 of this Act or any CAAPP permit, or term or condition
19    thereof, or any fee or filing requirement, or any duty to
20    allow or carry out inspection, entry or monitoring
21    activities, or any regulation or order relating to the
22    CAAPP shall be liable for a civil penalty not to exceed
23    $10,000 per day of violation.
24        (6) Any owner or operator of a community water system
25    that violates subsection (b) of Section 18.1 or subsection
26    (a) of Section 25d-3 of this Act shall, for each day of

 

 

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1    violation, be liable for a civil penalty not to exceed $5
2    for each of the premises connected to the affected
3    community water system.
4    (b.5) In lieu of the penalties set forth in subsections (a)
5and (b) of this Section, any person who fails to file, in a
6timely manner, toxic chemical release forms with the Agency
7pursuant to Section 25b-2 of this Act shall be liable for a
8civil penalty of $100 per day for each day the forms are late,
9not to exceed a maximum total penalty of $6,000. This daily
10penalty shall begin accruing on the thirty-first day after the
11date that the person receives the warning notice issued by the
12Agency pursuant to Section 25b-6 of this Act; and the penalty
13shall be paid to the Agency. The daily accrual of penalties
14shall cease as of January 1 of the following year. All
15penalties collected by the Agency pursuant to this subsection
16shall be deposited into the Environmental Protection Permit and
17Inspection Fund.
18    (c) Any person that violates this Act, any rule or
19regulation adopted under this Act, any permit or term or
20condition of a permit, or any Board order and causes the death
21of fish or aquatic life shall, in addition to the other
22penalties provided by this Act, be liable to pay to the State
23an additional sum for the reasonable value of the fish or
24aquatic life destroyed. Any money so recovered shall be placed
25in the Wildlife and Fish Fund in the State Treasury.
26    (d) The penalties provided for in this Section may be

 

 

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1recovered in a civil action.
2    (e) The State's Attorney of the county in which the
3violation occurred, or the Attorney General, may, at the
4request of the Agency or on his own motion, institute a civil
5action for an injunction, prohibitory or mandatory, to restrain
6violations of this Act, any rule or regulation adopted under
7this Act, any permit or term or condition of a permit, or any
8Board order, or to require such other actions as may be
9necessary to address violations of this Act, any rule or
10regulation adopted under this Act, any permit or term or
11condition of a permit, or any Board order.
12    (f) The State's Attorney of the county in which the
13violation occurred, or the Attorney General, shall bring such
14actions in the name of the people of the State of Illinois.
15Without limiting any other authority which may exist for the
16awarding of attorney's fees and costs, the Board or a court of
17competent jurisdiction may award costs and reasonable
18attorney's fees, including the reasonable costs of expert
19witnesses and consultants, to the State's Attorney or the
20Attorney General in a case where he has prevailed against a
21person who has committed a wilful, knowing or repeated
22violation of this Act, any rule or regulation adopted under
23this Act, any permit or term or condition of a permit, or any
24Board order.
25    Any funds collected under this subsection (f) in which the
26Attorney General has prevailed shall be deposited in the

 

 

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1Hazardous Waste Fund created in Section 22.2 of this Act. Any
2funds collected under this subsection (f) in which a State's
3Attorney has prevailed shall be retained by the county in which
4he serves.
5    (g) All final orders imposing civil penalties pursuant to
6this Section shall prescribe the time for payment of such
7penalties. If any such penalty is not paid within the time
8prescribed, interest on such penalty at the rate set forth in
9subsection (a) of Section 1003 of the Illinois Income Tax Act,
10shall be paid for the period from the date payment is due until
11the date payment is received. However, if the time for payment
12is stayed during the pendency of an appeal, interest shall not
13accrue during such stay.
14    (h) In determining the appropriate civil penalty to be
15imposed under subdivisions (a), (b)(1), (b)(2), (b)(3), or
16(b)(5) of this Section, the Board is authorized to consider any
17matters of record in mitigation or aggravation of penalty,
18including but not limited to the following factors:
19        (1) the duration and gravity of the violation;
20        (2) the presence or absence of due diligence on the
21    part of the respondent in attempting to comply with
22    requirements of this Act and regulations thereunder or to
23    secure relief therefrom as provided by this Act;
24        (3) any economic benefits accrued by the respondent
25    because of delay in compliance with requirements, in which
26    case the economic benefits shall be determined by the

 

 

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1    lowest cost alternative for achieving compliance;
2        (4) the amount of monetary penalty which will serve to
3    deter further violations by the respondent and to otherwise
4    aid in enhancing voluntary compliance with this Act by the
5    respondent and other persons similarly subject to the Act;
6        (5) the number, proximity in time, and gravity of
7    previously adjudicated violations of this Act by the
8    respondent;
9        (6) whether the respondent voluntarily self-disclosed,
10    in accordance with subsection (i) of this Section, the
11    non-compliance to the Agency; and
12        (7) whether the respondent has agreed to undertake a
13    "supplemental environmental project," which means an
14    environmentally beneficial project that a respondent
15    agrees to undertake in settlement of an enforcement action
16    brought under this Act, but which the respondent is not
17    otherwise legally required to perform.
18    In determining the appropriate civil penalty to be imposed
19under subsection (a) or paragraph (1), (2), (3), or (5) of
20subsection (b) of this Section, the Board shall ensure, in all
21cases, that the penalty is at least as great as the economic
22benefits, if any, accrued by the respondent as a result of the
23violation, unless the Board finds that imposition of such
24penalty would result in an arbitrary or unreasonable financial
25hardship. However, such civil penalty may be off-set in whole
26or in part pursuant to a supplemental environmental project

 

 

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1agreed to by the complainant and the respondent.
2    (i) A person who voluntarily self-discloses non-compliance
3to the Agency, of which the Agency had been unaware, is
4entitled to a 100% reduction in the portion of the penalty that
5is not based on the economic benefit of non-compliance if the
6person can establish the following:
7        (1) that the non-compliance was discovered through an
8    environmental audit or a compliance management system
9    documented by the regulated entity as reflecting the
10    regulated entity's due diligence in preventing, detecting,
11    and correcting violations;
12        (2) that the non-compliance was disclosed in writing
13    within 30 days of the date on which the person discovered
14    it;
15        (3) that the non-compliance was discovered and
16    disclosed prior to:
17            (i) the commencement of an Agency inspection,
18        investigation, or request for information;
19            (ii) notice of a citizen suit;
20            (iii) the filing of a complaint by a citizen, the
21        Illinois Attorney General, or the State's Attorney of
22        the county in which the violation occurred;
23            (iv) the reporting of the non-compliance by an
24        employee of the person without that person's
25        knowledge; or
26            (v) imminent discovery of the non-compliance by

 

 

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1        the Agency;
2        (4) that the non-compliance is being corrected and any
3    environmental harm is being remediated in a timely fashion;
4        (5) that the person agrees to prevent a recurrence of
5    the non-compliance;
6        (6) that no related non-compliance events have
7    occurred in the past 3 years at the same facility or in the
8    past 5 years as part of a pattern at multiple facilities
9    owned or operated by the person;
10        (7) that the non-compliance did not result in serious
11    actual harm or present an imminent and substantial
12    endangerment to human health or the environment or violate
13    the specific terms of any judicial or administrative order
14    or consent agreement;
15        (8) that the person cooperates as reasonably requested
16    by the Agency after the disclosure; and
17        (9) that the non-compliance was identified voluntarily
18    and not through a monitoring, sampling, or auditing
19    procedure that is required by statute, rule, permit,
20    judicial or administrative order, or consent agreement.
21    If a person can establish all of the elements under this
22subsection except the element set forth in paragraph (1) of
23this subsection, the person is entitled to a 75% reduction in
24the portion of the penalty that is not based upon the economic
25benefit of non-compliance.
26    (j) In addition to an other remedy or penalty that may

 

 

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1apply, whether civil or criminal, any person who violates
2Section 22.52 of this Act shall be liable for an additional
3civil penalty of up to 3 times the gross amount of any
4pecuniary gain resulting from the violation.
5    (k) The imposition of a civil penalty by a unit of local
6government pursuant to an ordinance adopted under Section 22.56
7does not prevent the imposition of an additional civil penalty
8under this Section.
9(Source: P.A. 95-331, eff. 8-21-07; 96-603, eff. 8-24-09;
1096-737, eff. 8-25-09; 96-1000, eff. 7-2-10; 96-1416, eff.
117-30-10.)
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.".