SB1357 EnrolledLRB097 00021 JDS 40022 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Environmental Protection Act is amended by
5changing Sections 31 and 42 as follows:
 
6    (415 ILCS 5/31)  (from Ch. 111 1/2, par. 1031)
7    Sec. 31. Notice; complaint; hearing.
8    (a)(1) Within 180 days after of becoming aware of an
9    alleged violation of the Act, or any rule adopted under the
10    Act, or of a permit granted by the Agency, or a condition
11    of such a the permit, the Agency shall issue and serve, by
12    certified mail, upon the person complained against a
13    written notice informing that person that the Agency has
14    evidence of the alleged violation. At a minimum, the
15    written notice shall contain:
16            (A) a notification to the person complained
17        against of the requirement to submit a written response
18        addressing the violations alleged and the option to
19        meet with appropriate agency personnel to resolve any
20        alleged violations that could lead to the filing of a
21        formal complaint;
22            (B) a detailed explanation by the Agency of the
23        violations alleged;

 

 

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1            (C) an explanation by the Agency of the actions
2        that the Agency believes may resolve the alleged
3        violations, including an estimate of a reasonable time
4        period for the person complained against to complete
5        the suggested resolution; and
6            (D) an explanation of any alleged violation that
7        the Agency believes cannot be resolved without the
8        involvement of the Office of the Illinois Attorney
9        General or the State's Attorney of the county in which
10        the alleged violation occurred and the basis for the
11        Agency's belief.
12        (2) A written response to the violations alleged shall
13    be submitted to the Agency, by certified mail, within 45
14    days after of receipt of notice by the person complained
15    against, unless the Agency agrees to an extension. The
16    written response shall include:
17            (A) information in rebuttal, explanation or
18        justification of each alleged violation;
19            (B) if the person complained against desires to
20        enter into a Compliance Commitment Agreement, proposed
21        terms for a proposed Compliance Commitment Agreement
22        that includes specified times for achieving each
23        commitment and which may consist of a statement
24        indicating that the person complained against believes
25        that compliance has been achieved; and
26            (C) a request for a meeting with appropriate Agency

 

 

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1        personnel if a meeting is desired by the person
2        complained against.
3        (3) If the person complained against fails to respond
4    in accordance with the requirements of subdivision (2) of
5    this subsection (a), the failure to respond shall be
6    considered a waiver of the requirements of this subsection
7    (a) and nothing in this Section shall preclude the Agency
8    from proceeding pursuant to subsection (b) of this Section.
9        (4) A meeting requested pursuant to subdivision (2) of
10    this subsection (a) shall be held without a representative
11    of the Office of the Illinois Attorney General or the
12    State's Attorney of the county in which the alleged
13    violation occurred, within 60 days after of receipt of
14    notice by the person complained against, unless the Agency
15    agrees to a postponement. At the meeting, the Agency shall
16    provide an opportunity for the person complained against to
17    respond to each alleged violation, suggested resolution,
18    and suggested implementation time frame, and to suggest
19    alternate resolutions.
20        (5) If a meeting requested pursuant to subdivision (2)
21    of this subsection (a) is held, the person complained
22    against shall, within 21 days following the meeting or
23    within an extended time period as agreed to by the Agency,
24    submit by certified mail to the Agency a written response
25    to the alleged violations. The written response shall
26    include:

 

 

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1            (A) additional information in rebuttal,
2        explanation, or justification of each alleged
3        violation;
4            (B) if the person complained against desires to
5        enter into a Compliance Commitment Agreement, proposed
6        terms for a proposed Compliance Commitment Agreement
7        that includes specified times for achieving each
8        commitment and which may consist of a statement
9        indicating that the person complained against believes
10        that compliance has been achieved; and
11            (C) a statement indicating that, should the person
12        complained against so wish, the person complained
13        against chooses to rely upon the initial written
14        response submitted pursuant to subdivision (2) of this
15        subsection (a).
16        (6) If the person complained against fails to respond
17    in accordance with the requirements of subdivision (5) of
18    this subsection (a), the failure to respond shall be
19    considered a waiver of the requirements of this subsection
20    (a) and nothing in this Section shall preclude the Agency
21    from proceeding pursuant to subsection (b) of this Section.
22        (7) Within 30 days after of the Agency's receipt of a
23    written response submitted by the person complained
24    against pursuant to subdivision (2) of this subsection (a),
25    if a meeting is not requested, or pursuant to subdivision
26    (5) of this subsection (a), if a meeting is held, or within

 

 

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1    a later time period as agreed to by the Agency and the
2    person complained against, the Agency shall issue and
3    serve, by certified mail, upon the person complained
4    against (i) a written notice informing the person of its
5    acceptance, rejection, or proposed modification to the
6    proposed Compliance Commitment Agreement or (ii) a notice
7    that one or more violations cannot be resolved without the
8    involvement of the Office of the Attorney General or the
9    State's Attorney of the county in which the alleged
10    violation occurred and that no proposed Compliance
11    Commitment Agreement will be issued by the Agency for those
12    violations. The Agency shall include terms and conditions
13    in the proposed Compliance Commitment Agreement that are,
14    in its discretion, necessary to bring the person complained
15    against into compliance with the Act, any rule adopted
16    under the Act, any permit granted by the Agency, or any
17    condition of such a permit. The Agency shall take into
18    consideration the proposed terms for the proposed
19    Compliance Commitment Agreement that were provided under
20    subdivision (a)(2)(B) or (a)(5)(B) of this Section by the
21    person complained against as contained within the written
22    response.
23        (7.5) Within 30 days after the receipt of the Agency's
24    proposed Compliance Commitment Agreement by the person
25    complained against, the person shall either (i) agree to
26    and sign the proposed Compliance Commitment Agreement

 

 

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1    provided by the Agency and submit the signed Compliance
2    Commitment Agreement to the Agency by certified mail or
3    (ii) notify the Agency in writing by certified mail of the
4    person's rejection of the proposed Compliance Commitment
5    Agreement. If the person complained against fails to
6    respond to the proposed Compliance Commitment Agreement
7    within 30 days as required under this paragraph, the
8    proposed Compliance Commitment Agreement is deemed
9    rejected by operation of law. Any Compliance Commitment
10    Agreement entered into under item (i) of this paragraph may
11    be amended subsequently in writing by mutual agreement
12    between the Agency and the signatory to the Compliance
13    Commitment Agreement, the signatory's legal
14    representative, or the signatory's agent.
15        (7.6) No person shall violate the terms or conditions
16    of a Compliance Commitment Agreement entered into under
17    subdivision (a)(7.5) of this Section. Successful
18    completion of a Compliance Commitment Agreement or an
19    amended Compliance Commitment Agreement shall be a factor
20    to be weighed, in favor of the person completing the
21    Agreement, by the Office of the Illinois Attorney General
22    in determining whether to file a complaint for the
23    violations that were the subject of the Agreement.
24        (8) Nothing in this subsection (a) is intended to
25    require the Agency to enter into Compliance Commitment
26    Agreements for any alleged violation that the Agency

 

 

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1    believes cannot be resolved without the involvement of the
2    Office of the Attorney General or the State's Attorney of
3    the county in which the alleged violation occurred, for,
4    among other purposes, the imposition of statutory
5    penalties.
6        (9) The Agency's failure to respond within 30 days to a
7    written response submitted pursuant to subdivision (2) of
8    this subsection (a), if a meeting is not requested, or
9    pursuant to subdivision (5) of this subsection (a), if a
10    meeting is held, within 30 days, or within the time period
11    otherwise agreed to in writing by the Agency and the person
12    complained against, shall be deemed an acceptance by the
13    Agency of the proposed terms of the Compliance Commitment
14    Agreement for the violations alleged in the written notice
15    issued under subdivision (1) of this subsection (a) as
16    contained within the written response.
17        (10) If the person complained against complies with the
18    terms of a Compliance Commitment Agreement accepted
19    pursuant to this subsection (a), the Agency shall not refer
20    the alleged violations which are the subject of the
21    Compliance Commitment Agreement to the Office of the
22    Illinois Attorney General or the State's Attorney of the
23    county in which the alleged violation occurred. However,
24    nothing in this subsection is intended to preclude the
25    Agency from continuing negotiations with the person
26    complained against or from proceeding pursuant to the

 

 

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1    provisions of subsection (b) of this Section for alleged
2    violations that which remain the subject of disagreement
3    between the Agency and the person complained against
4    following fulfillment of the requirements of this
5    subsection (a).
6        (11) Nothing in this subsection (a) is intended to
7    preclude the person complained against from submitting to
8    the Agency, by certified mail, at any time, notification
9    that the person complained against consents to waiver of
10    the requirements of subsections (a) and (b) of this
11    Section.
12        (12) The Agency shall have the authority to adopt rules
13    for the administration of subsection (a) of this Section.
14    The rules shall be adopted in accordance with the
15    provisions of the Illinois Administrative Procedure Act.
16    (b) For alleged violations that remain the subject of
17disagreement between the Agency and the person complained
18against following fulfillment of the requirements of
19subsection (a) of this Section, and for alleged violations of
20the terms or conditions of a Compliance Commitment Agreement
21entered into under subdivision (a)(7.5) of this Section as well
22as the alleged violations that are the subject of the
23Compliance Commitment Agreement, and as a precondition to the
24Agency's referral or request to the Office of the Illinois
25Attorney General or the State's Attorney of the county in which
26the alleged violation occurred for legal representation

 

 

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1regarding an alleged violation that may be addressed pursuant
2to subsection (c) or (d) of this Section or pursuant to Section
342 of this Act, the Agency shall issue and serve, by certified
4mail, upon the person complained against a written notice
5informing that person that the Agency intends to pursue legal
6action. Such notice shall notify the person complained against
7of the violations to be alleged and offer the person an
8opportunity to meet with appropriate Agency personnel in an
9effort to resolve any alleged violations that could lead to the
10filing of a formal complaint. The meeting with Agency personnel
11shall be held within 30 days after of receipt of notice served
12pursuant to this subsection upon the person complained against,
13unless the Agency agrees to a postponement or the person
14notifies the Agency that he or she will not appear at a meeting
15within the 30-day time period. Nothing in this subsection is
16intended to preclude the Agency from following the provisions
17of subsection (c) or (d) of this Section or from requesting the
18legal representation of the Office of the Illinois Attorney
19General or the State's Attorney of the county in which the
20alleged violations occurred for alleged violations which
21remain the subject of disagreement between the Agency and the
22person complained against after the provisions of this
23subsection are fulfilled.
24     (c)(1) For alleged violations which remain the subject of
25    disagreement between the Agency and the person complained
26    against following waiver, pursuant to subdivision (10) of

 

 

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1    subsection (a) of this Section, or fulfillment of the
2    requirements of subsections (a) and (b) of this Section,
3    the Office of the Illinois Attorney General or the State's
4    Attorney of the county in which the alleged violation
5    occurred shall issue and serve upon the person complained
6    against a written notice, together with a formal complaint,
7    which shall specify the provision of the Act, or the rule,
8    or regulation, or permit, or term or condition thereof
9    under which such person is said to be in violation, and a
10    statement of the manner in, and the extent to which such
11    person is said to violate the Act, or such rule, or
12    regulation, or permit, or term or condition thereof and
13    shall require the person so complained against to answer
14    the charges of such formal complaint at a hearing before
15    the Board at a time not less than 21 days after the date of
16    notice by the Board, except as provided in Section 34 of
17    this Act. Such complaint shall be accompanied by a
18    notification to the defendant that financing may be
19    available, through the Illinois Environmental Facilities
20    Financing Act, to correct such violation. A copy of such
21    notice of such hearings shall also be sent to any person
22    that has complained to the Agency respecting the respondent
23    within the six months preceding the date of the complaint,
24    and to any person in the county in which the offending
25    activity occurred that has requested notice of enforcement
26    proceedings; 21 days notice of such hearings shall also be

 

 

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1    published in a newspaper of general circulation in such
2    county. The respondent may file a written answer, and at
3    such hearing the rules prescribed in Sections 32 and 33 of
4    this Act shall apply. In the case of actual or threatened
5    acts outside Illinois contributing to environmental damage
6    in Illinois, the extraterritorial service-of-process
7    provisions of Sections 2-208 and 2-209 of the Code of Civil
8    Procedure shall apply.
9        With respect to notices served pursuant to this
10    subsection (c)(1) that which involve hazardous material or
11    wastes in any manner, the Agency shall annually publish a
12    list of all such notices served. The list shall include the
13    date the investigation commenced, the date notice was sent,
14    the date the matter was referred to the Attorney General,
15    if applicable, and the current status of the matter.
16        (2) Notwithstanding the provisions of subdivision (1)
17    of this subsection (c), whenever a complaint has been filed
18    on behalf of the Agency or by the People of the State of
19    Illinois, the parties may file with the Board a stipulation
20    and proposal for settlement accompanied by a request for
21    relief from the requirement of a hearing pursuant to
22    subdivision (1). Unless the Board, in its discretion,
23    concludes that a hearing will be held, the Board shall
24    cause notice of the stipulation, proposal and request for
25    relief to be published and sent in the same manner as is
26    required for hearing pursuant to subdivision (1) of this

 

 

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1    subsection. The notice shall include a statement that any
2    person may file a written demand for hearing within 21 days
3    after receiving the notice. If any person files a timely
4    written demand for hearing, the Board shall deny the
5    request for relief from a hearing and shall hold a hearing
6    in accordance with the provisions of subdivision (1).
7        (3) Notwithstanding the provisions of subdivision (1)
8    of this subsection (c), if the Agency becomes aware of a
9    violation of this Act arising from, or as a result of,
10    voluntary pollution prevention activities, the Agency
11    shall not proceed with the written notice required by
12    subsection (a) of this Section unless:
13            (A) the person fails to take corrective action or
14        eliminate the reported violation within a reasonable
15        time; or
16            (B) the Agency believes that the violation poses a
17        substantial and imminent danger to the public health or
18        welfare or the environment. For the purposes of this
19        item (B), "substantial and imminent danger" means a
20        danger with a likelihood of serious or irreversible
21        harm.
22        (d)(1) Any person may file with the Board a complaint,
23    meeting the requirements of subsection (c) of this Section,
24    against any person allegedly violating this Act, any rule
25    or regulation adopted under this Act, any permit or term or
26    condition of a permit, or any Board order. The complainant

 

 

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1    shall immediately serve a copy of such complaint upon the
2    person or persons named therein. Unless the Board
3    determines that such complaint is duplicative or
4    frivolous, it shall schedule a hearing and serve written
5    notice thereof upon the person or persons named therein, in
6    accord with subsection (c) of this Section.
7        (2) Whenever a complaint has been filed by a person
8    other than the Attorney General or the State's Attorney,
9    the parties may file with the Board a stipulation and
10    proposal for settlement accompanied by a request for relief
11    from the hearing requirement of subdivision (c)(1) of this
12    Section. Unless the Board, in its discretion, concludes
13    that a hearing should be held, no hearing on the
14    stipulation and proposal for settlement is required.
15    (e) In hearings before the Board under this Title the
16burden shall be on the Agency or other complainant to show
17either that the respondent has caused or threatened to cause
18air or water pollution or that the respondent has violated or
19threatens to violate any provision of this Act or any rule or
20regulation of the Board or permit or term or condition thereof.
21If such proof has been made, the burden shall be on the
22respondent to show that compliance with the Board's regulations
23would impose an arbitrary or unreasonable hardship.
24    (f) The provisions of this Section shall not apply to
25administrative citation actions commenced under Section 31.1
26of this Act.

 

 

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1(Source: P.A. 92-574, eff. 6-26-02; 93-152, eff. 7-10-03.)
 
2    (415 ILCS 5/42)  (from Ch. 111 1/2, par. 1042)
3    Sec. 42. Civil penalties.
4    (a) Except as provided in this Section, any person that
5violates any provision of this Act or any regulation adopted by
6the Board, or any permit or term or condition thereof, or that
7violates any order of the Board pursuant to this Act, shall be
8liable for a civil penalty of not to exceed $50,000 for the
9violation and an additional civil penalty of not to exceed
10$10,000 for each day during which the violation continues; such
11penalties may, upon order of the Board or a court of competent
12jurisdiction, be made payable to the Environmental Protection
13Trust Fund, to be used in accordance with the provisions of the
14Environmental Protection Trust Fund Act.
15    (b) Notwithstanding the provisions of subsection (a) of
16this Section:
17        (1) Any person that violates Section 12(f) of this Act
18    or any NPDES permit or term or condition thereof, or any
19    filing requirement, regulation or order relating to the
20    NPDES permit program, shall be liable to a civil penalty of
21    not to exceed $10,000 per day of violation.
22        (2) Any person that violates Section 12(g) of this Act
23    or any UIC permit or term or condition thereof, or any
24    filing requirement, regulation or order relating to the
25    State UIC program for all wells, except Class II wells as

 

 

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

 

 

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1        (4-5) In an administrative citation action under
2    Section 31.1 of this Act, any person found to have violated
3    any provision of subsection (p) of Section 21, Section
4    22.51, Section 22.51a, or subsection (k) of Section 55 of
5    this Act shall pay a civil penalty of $1,500 for each
6    violation of each such provision, plus any hearing costs
7    incurred by the Board and the Agency, except that the civil
8    penalty amount shall be $3,000 for each violation of any
9    provision of subsection (p) of Section 21, Section 22.51,
10    Section 22.51a, or subsection (k) of Section 55 that is the
11    person's second or subsequent adjudication violation of
12    that provision. The penalties shall be deposited into the
13    Environmental Protection Trust Fund, to be used in
14    accordance with the provisions of the Environmental
15    Protection Trust Fund Act; except that if a unit of local
16    government issued the administrative citation, 50% of the
17    civil penalty shall be payable to the unit of local
18    government.
19        (5) Any person who violates subsection 6 of Section
20    39.5 of this Act or any CAAPP permit, or term or condition
21    thereof, or any fee or filing requirement, or any duty to
22    allow or carry out inspection, entry or monitoring
23    activities, or any regulation or order relating to the
24    CAAPP shall be liable for a civil penalty not to exceed
25    $10,000 per day of violation.
26        (6) Any owner or operator of a community water system

 

 

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1    that violates subsection (b) of Section 18.1 or subsection
2    (a) of Section 25d-3 of this Act shall, for each day of
3    violation, be liable for a civil penalty not to exceed $5
4    for each of the premises connected to the affected
5    community water system.
6    (b.5) In lieu of the penalties set forth in subsections (a)
7and (b) of this Section, any person who fails to file, in a
8timely manner, toxic chemical release forms with the Agency
9pursuant to Section 25b-2 of this Act shall be liable for a
10civil penalty of $100 per day for each day the forms are late,
11not to exceed a maximum total penalty of $6,000. This daily
12penalty shall begin accruing on the thirty-first day after the
13date that the person receives the warning notice issued by the
14Agency pursuant to Section 25b-6 of this Act; and the penalty
15shall be paid to the Agency. The daily accrual of penalties
16shall cease as of January 1 of the following year. All
17penalties collected by the Agency pursuant to this subsection
18shall be deposited into the Environmental Protection Permit and
19Inspection Fund.
20    (c) Any person that violates this Act, any rule or
21regulation adopted under this Act, any permit or term or
22condition of a permit, or any Board order and causes the death
23of fish or aquatic life shall, in addition to the other
24penalties provided by this Act, be liable to pay to the State
25an additional sum for the reasonable value of the fish or
26aquatic life destroyed. Any money so recovered shall be placed

 

 

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

 

 

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

 

 

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1    because of delay in compliance with requirements, in which
2    case the economic benefits shall be determined by the
3    lowest cost alternative for achieving compliance;
4        (4) the amount of monetary penalty which will serve to
5    deter further violations by the respondent and to otherwise
6    aid in enhancing voluntary compliance with this Act by the
7    respondent and other persons similarly subject to the Act;
8        (5) the number, proximity in time, and gravity of
9    previously adjudicated violations of this Act by the
10    respondent;
11        (6) whether the respondent voluntarily self-disclosed,
12    in accordance with subsection (i) of this Section, the
13    non-compliance to the Agency; and
14        (7) whether the respondent has agreed to undertake a
15    "supplemental environmental project," which means an
16    environmentally beneficial project that a respondent
17    agrees to undertake in settlement of an enforcement action
18    brought under this Act, but which the respondent is not
19    otherwise legally required to perform; and .
20        (8) whether the respondent has successfully completed
21    a Compliance Commitment Agreement under subsection (a) of
22    Section 31 of this Act to remedy the violations that are
23    the subject of the complaint.
24    In determining the appropriate civil penalty to be imposed
25under subsection (a) or paragraph (1), (2), (3), or (5) of
26subsection (b) of this Section, the Board shall ensure, in all

 

 

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1cases, that the penalty is at least as great as the economic
2benefits, if any, accrued by the respondent as a result of the
3violation, unless the Board finds that imposition of such
4penalty would result in an arbitrary or unreasonable financial
5hardship. However, such civil penalty may be off-set in whole
6or in part pursuant to a supplemental environmental project
7agreed to by the complainant and the respondent.
8    (i) A person who voluntarily self-discloses non-compliance
9to the Agency, of which the Agency had been unaware, is
10entitled to a 100% reduction in the portion of the penalty that
11is not based on the economic benefit of non-compliance if the
12person can establish the following:
13        (1) that the non-compliance was discovered through an
14    environmental audit or a compliance management system
15    documented by the regulated entity as reflecting the
16    regulated entity's due diligence in preventing, detecting,
17    and correcting violations;
18        (2) that the non-compliance was disclosed in writing
19    within 30 days of the date on which the person discovered
20    it;
21        (3) that the non-compliance was discovered and
22    disclosed prior to:
23            (i) the commencement of an Agency inspection,
24        investigation, or request for information;
25            (ii) notice of a citizen suit;
26            (iii) the filing of a complaint by a citizen, the

 

 

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1        Illinois Attorney General, or the State's Attorney of
2        the county in which the violation occurred;
3            (iv) the reporting of the non-compliance by an
4        employee of the person without that person's
5        knowledge; or
6            (v) imminent discovery of the non-compliance by
7        the Agency;
8        (4) that the non-compliance is being corrected and any
9    environmental harm is being remediated in a timely fashion;
10        (5) that the person agrees to prevent a recurrence of
11    the non-compliance;
12        (6) that no related non-compliance events have
13    occurred in the past 3 years at the same facility or in the
14    past 5 years as part of a pattern at multiple facilities
15    owned or operated by the person;
16        (7) that the non-compliance did not result in serious
17    actual harm or present an imminent and substantial
18    endangerment to human health or the environment or violate
19    the specific terms of any judicial or administrative order
20    or consent agreement;
21        (8) that the person cooperates as reasonably requested
22    by the Agency after the disclosure; and
23        (9) that the non-compliance was identified voluntarily
24    and not through a monitoring, sampling, or auditing
25    procedure that is required by statute, rule, permit,
26    judicial or administrative order, or consent agreement.

 

 

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1    If a person can establish all of the elements under this
2subsection except the element set forth in paragraph (1) of
3this subsection, the person is entitled to a 75% reduction in
4the portion of the penalty that is not based upon the economic
5benefit of non-compliance.
6    (j) In addition to any an other remedy or penalty that may
7apply, whether civil or criminal, any person who violates
8Section 22.52 of this Act shall be liable for an additional
9civil penalty of up to 3 times the gross amount of any
10pecuniary gain resulting from the violation.
11    (k) In addition to any other remedy or penalty that may
12apply, whether civil or criminal, any person who violates
13subdivision (a)(7.6) of Section 31 of this Act shall be liable
14for an additional civil penalty of $2,000.
15(Source: P.A. 95-331, eff. 8-21-07; 96-603, eff. 8-24-09;
1696-737, eff. 8-25-09; 96-1000, eff. 7-2-10; 96-1416, eff.
177-30-10.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.