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1 | | AN ACT concerning safety.
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2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly:
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4 | | Section 5. The Environmental Protection Act is amended by |
5 | | changing Section 42 and by adding Section 52.5 as follows: |
6 | | (415 ILCS 5/42) (from Ch. 111 1/2, par. 1042) |
7 | | Sec. 42. Civil penalties. |
8 | | (a) Except as provided in this Section, any person that |
9 | | violates any
provision of this Act or any regulation adopted by |
10 | | the Board, or any permit
or term or condition thereof, or that |
11 | | violates any order of the Board pursuant
to this Act, shall be |
12 | | liable for a civil penalty of not to exceed
$50,000 for the |
13 | | violation and an additional civil penalty of not to exceed
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14 | | $10,000 for each day during which the violation continues; such |
15 | | penalties may,
upon order of the Board or a court of competent |
16 | | jurisdiction, be made payable
to the Environmental Protection |
17 | | Trust Fund, to be used in accordance with the
provisions of the |
18 | | Environmental Protection Trust Fund Act. |
19 | | (b) Notwithstanding the provisions of subsection (a) of |
20 | | this Section: |
21 | | (1) Any person that violates Section 12(f) of this Act |
22 | | or any
NPDES permit or term or condition thereof, or any |
23 | | filing requirement,
regulation or order relating to the |
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1 | | NPDES permit program, shall be liable
to a civil penalty of |
2 | | not to exceed $10,000 per day of violation. |
3 | | (2) Any person that violates Section 12(g) of this Act |
4 | | or any UIC permit
or term or condition thereof, or any |
5 | | filing requirement, regulation or order
relating to the |
6 | | State UIC program for all wells, except Class II wells as
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7 | | defined by the Board under this Act, shall be liable to a |
8 | | civil penalty
not to exceed $2,500 per day of violation; |
9 | | provided, however, that any person
who commits such |
10 | | violations relating to the State UIC program for Class
II |
11 | | wells, as defined by the Board under this Act, shall be |
12 | | liable to a civil
penalty of not to exceed $10,000 for the |
13 | | violation and an additional civil
penalty of not to exceed |
14 | | $1,000 for each day during which the violation
continues. |
15 | | (3) Any person that violates Sections 21(f), 21(g), |
16 | | 21(h) or 21(i) of
this Act, or any RCRA permit or term or |
17 | | condition thereof, or any filing
requirement, regulation |
18 | | or order relating to the State RCRA program, shall
be |
19 | | liable to a civil penalty of not to exceed $25,000 per day |
20 | | of violation. |
21 | | (4)
In an administrative citation action under Section |
22 | | 31.1 of this Act,
any person found to have violated any |
23 | | provision of subsection (o) of
Section 21 of this Act shall |
24 | | pay a civil penalty of $500 for each
violation of each such |
25 | | provision, plus any hearing costs incurred by the Board
and |
26 | | the Agency. Such penalties shall be made payable to the |
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1 | | Environmental
Protection Trust Fund, to be used in |
2 | | accordance with the provisions of the
Environmental |
3 | | Protection Trust Fund Act; except that if a unit of local
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4 | | government issued the administrative citation, 50% of the |
5 | | civil penalty shall
be payable to the unit of local |
6 | | government. |
7 | | (4-5) In an administrative citation action under |
8 | | Section 31.1 of this
Act, any person found to have violated |
9 | | any
provision of subsection (p) of
Section 21, Section |
10 | | 22.51, Section 22.51a, or subsection (k) of Section 55 of |
11 | | this Act shall pay a civil penalty of $1,500 for each |
12 | | violation
of
each such provision, plus any hearing costs |
13 | | incurred by the Board and the
Agency, except that the civil |
14 | | penalty amount shall be $3,000 for
each violation of any |
15 | | provision of subsection (p) of Section 21, Section 22.51, |
16 | | Section 22.51a, or subsection (k) of Section 55 that is the
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17 | | person's second or subsequent adjudication violation of |
18 | | that
provision. The penalties shall be deposited into the
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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 | | (5) Any person who violates subsection 6 of Section |
26 | | 39.5 of this Act
or any CAAPP permit, or term or condition |
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1 | | thereof, or any fee or filing
requirement, or any duty to |
2 | | allow or carry out inspection, entry or
monitoring |
3 | | activities, or any regulation or order relating to the |
4 | | CAAPP
shall be liable for a civil penalty not to exceed |
5 | | $10,000 per day of violation. |
6 | | (6) Any owner or operator of a community water system |
7 | | that violates subsection (b) of Section 18.1 or subsection |
8 | | (a) of Section 25d-3 of this Act shall, for each day of |
9 | | violation, be liable for a civil penalty not to exceed $5 |
10 | | for each of the premises connected to the affected |
11 | | community water system. |
12 | | (7) Any person who violates Section 52.5 of this Act |
13 | | shall be liable for a civil penalty of up to $1,000 for the |
14 | | first violation of that Section and a civil penalty of up |
15 | | to $2,500 for a second or subsequent violation of that |
16 | | Section. |
17 | | (b.5) In lieu of the penalties set forth in subsections (a) |
18 | | and (b) of
this Section, any person who fails to file, in a |
19 | | timely manner, toxic
chemical release forms with the Agency |
20 | | pursuant to Section 25b-2
of this Act
shall be liable for a |
21 | | civil penalty of $100 per day for
each day the forms are
late, |
22 | | not to exceed a maximum total penalty of $6,000. This daily |
23 | | penalty
shall begin accruing on the thirty-first day after the
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24 | | date that the person receives the warning notice issued by the |
25 | | Agency pursuant
to Section 25b-6 of this Act; and the penalty |
26 | | shall be paid to the Agency. The
daily accrual of penalties |
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1 | | shall cease as of January 1 of the following year.
All |
2 | | penalties collected by the Agency pursuant to this subsection |
3 | | shall be
deposited into the Environmental Protection Permit and |
4 | | Inspection Fund. |
5 | | (c) Any person that violates this Act, any rule or |
6 | | regulation adopted under
this Act, any permit or term or |
7 | | condition of a permit, or any Board order and
causes the death |
8 | | of fish
or aquatic life shall, in addition to the other |
9 | | penalties provided by
this Act, be liable to pay to the State |
10 | | an additional sum for the
reasonable value of the fish or |
11 | | aquatic life destroyed. Any money so
recovered shall be placed |
12 | | in the Wildlife and Fish Fund in the State
Treasury. |
13 | | (d) The penalties provided for in this Section may be |
14 | | recovered in a
civil action. |
15 | | (e) The State's Attorney of the county in which the |
16 | | violation
occurred, or the Attorney General, may, at the |
17 | | request of the Agency or
on his own motion, institute a civil |
18 | | action for an injunction, prohibitory or mandatory, to
restrain |
19 | | violations of this Act, any rule or regulation adopted under |
20 | | this Act,
any permit or term or condition of a permit, or any |
21 | | Board order, or to require such other actions as may be |
22 | | necessary to address violations of this Act, any rule or |
23 | | regulation adopted under this Act, any permit or term or |
24 | | condition of a permit, or any Board order. |
25 | | (f) The State's Attorney of the county in which the |
26 | | violation
occurred, or the Attorney General, shall bring such |
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1 | | actions in the name
of the people of the State of Illinois.
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2 | | Without limiting any other authority which may exist for the |
3 | | awarding
of attorney's fees and costs, the Board or a court of |
4 | | competent
jurisdiction may award costs and reasonable |
5 | | attorney's fees, including the
reasonable costs of expert |
6 | | witnesses and consultants, to the State's
Attorney or the |
7 | | Attorney General in a case where he has prevailed against a
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8 | | person who has committed a wilful, knowing or repeated |
9 | | violation of this Act,
any rule or regulation adopted under |
10 | | this Act, any permit or term or condition
of a permit, or any |
11 | | Board order. |
12 | | Any funds collected under this subsection (f) in which the |
13 | | Attorney
General has prevailed shall be deposited in the
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14 | | Hazardous Waste Fund created in Section 22.2 of this Act. Any |
15 | | funds
collected under this subsection (f) in which a State's |
16 | | Attorney has
prevailed shall be retained by the county in which |
17 | | he serves. |
18 | | (g) All final orders imposing civil penalties pursuant to |
19 | | this Section
shall prescribe the time for payment of such |
20 | | penalties. If any such
penalty is not paid within the time |
21 | | prescribed, interest on such penalty
at the rate set forth in |
22 | | subsection (a) of Section 1003 of the Illinois Income
Tax Act, |
23 | | shall be paid for the period from the date payment is due until |
24 | | the
date payment is received. However, if the time for payment |
25 | | is stayed during
the pendency of an appeal, interest shall not |
26 | | accrue during such stay. |
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1 | | (h) In determining the appropriate civil penalty to be |
2 | | imposed under
subdivisions (a), (b)(1), (b)(2), (b)(3), or |
3 | | (b)(5) of this
Section, the Board is authorized to consider any |
4 | | matters of record in
mitigation or aggravation of penalty, |
5 | | including but not limited to the
following factors: |
6 | | (1) the duration and gravity of the violation; |
7 | | (2) the presence or absence of due diligence on the |
8 | | part of the
respondent in attempting to comply with |
9 | | requirements of this
Act and regulations thereunder or to |
10 | | secure relief therefrom as provided by
this Act; |
11 | | (3) any economic benefits accrued by the respondent
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12 | | because of delay in compliance with requirements, in which |
13 | | case the economic
benefits shall be determined by the |
14 | | lowest cost alternative for achieving
compliance; |
15 | | (4) the amount of monetary penalty which will serve to |
16 | | deter further
violations by the respondent and to otherwise |
17 | | aid in enhancing
voluntary
compliance with this Act by the |
18 | | respondent and other persons
similarly
subject to the Act; |
19 | | (5) the number, proximity in time, and gravity of |
20 | | previously
adjudicated violations of this Act by the |
21 | | respondent; |
22 | | (6) whether the respondent voluntarily self-disclosed, |
23 | | in accordance
with subsection (i) of this Section, the |
24 | | non-compliance to the Agency; |
25 | | (7) whether the respondent has agreed to undertake a |
26 | | "supplemental
environmental project," which means an |
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1 | | environmentally beneficial project that
a respondent |
2 | | agrees to undertake in settlement of an enforcement action |
3 | | brought
under this Act, but which the respondent is not |
4 | | otherwise legally required to
perform; and |
5 | | (8) whether the respondent has successfully completed |
6 | | a Compliance Commitment Agreement under subsection (a) of |
7 | | Section 31 of this Act to remedy the violations that are |
8 | | the subject of the complaint. |
9 | | In determining the appropriate civil penalty to be imposed |
10 | | under subsection
(a) or paragraph (1), (2), (3), or (5) of |
11 | | subsection (b) of this Section, the
Board shall ensure, in all |
12 | | cases, that the penalty is at least as great as the
economic |
13 | | benefits, if any, accrued by the respondent as a result of the
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14 | | violation, unless the Board finds that imposition of such |
15 | | penalty would result
in an arbitrary or unreasonable financial |
16 | | hardship. However, such civil
penalty
may be off-set in whole |
17 | | or in part pursuant to a supplemental
environmental project |
18 | | agreed to by the complainant and the respondent. |
19 | | (i) A person who voluntarily self-discloses non-compliance |
20 | | to the Agency,
of which the Agency had been unaware, is |
21 | | entitled to a 100% reduction in the
portion of the penalty that |
22 | | is not based on the economic benefit of
non-compliance if the |
23 | | person can
establish the following: |
24 | | (1) that the non-compliance was discovered through an |
25 | | environmental
audit or a compliance management system |
26 | | documented by the regulated entity as
reflecting the |
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1 | | regulated entity's due diligence in preventing, detecting, |
2 | | and
correcting violations; |
3 | | (2) that the non-compliance was disclosed in writing |
4 | | within 30 days of
the date on which the person discovered |
5 | | it; |
6 | | (3) that the non-compliance was discovered and |
7 | | disclosed prior to: |
8 | | (i) the commencement of an Agency inspection, |
9 | | investigation, or request
for information; |
10 | | (ii) notice of a citizen suit; |
11 | | (iii) the filing of a complaint by a citizen, the |
12 | | Illinois Attorney
General, or the State's Attorney of |
13 | | the county in which the violation occurred; |
14 | | (iv) the reporting of the non-compliance by an |
15 | | employee of the person
without that person's |
16 | | knowledge; or |
17 | | (v) imminent discovery of the non-compliance by |
18 | | the Agency; |
19 | | (4) that the non-compliance is being corrected and any |
20 | | environmental
harm is being remediated in a timely fashion; |
21 | | (5) that the person agrees to prevent a recurrence of |
22 | | the non-compliance; |
23 | | (6) that no related non-compliance events have |
24 | | occurred in the
past 3 years at the same facility or in the |
25 | | past 5 years as part of a
pattern at multiple facilities |
26 | | owned or operated by the person; |
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1 | | (7) that the non-compliance did not result in serious |
2 | | actual
harm or present an imminent and substantial |
3 | | endangerment to human
health or the environment or violate |
4 | | the specific terms of any judicial or
administrative order |
5 | | or consent agreement; |
6 | | (8) that the person cooperates as reasonably requested |
7 | | by the Agency
after the disclosure; and |
8 | | (9) that the non-compliance was identified voluntarily |
9 | | and not through a
monitoring, sampling, or auditing |
10 | | procedure that is required by statute, rule,
permit, |
11 | | judicial or administrative order, or consent agreement. |
12 | | If a person can establish all of the elements under this |
13 | | subsection except
the element set forth in paragraph (1) of |
14 | | this subsection, the person is
entitled to a 75% reduction in |
15 | | the portion of the penalty that is not based
upon the economic |
16 | | benefit of non-compliance. |
17 | | (j) In addition to any other remedy or penalty that may
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18 | | apply, whether civil or criminal, any person who violates |
19 | | Section 22.52 of this Act shall be liable for an additional |
20 | | civil penalty of up to 3 times the gross amount of any |
21 | | pecuniary gain resulting from the violation.
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22 | | (k) In addition to any other remedy or penalty that may |
23 | | apply, whether civil or criminal, any person who violates |
24 | | subdivision (a)(7.6) of Section 31 of this Act shall be liable |
25 | | for an additional civil penalty of $2,000. |
26 | | (Source: P.A. 96-603, eff. 8-24-09; 96-737, eff. 8-25-09; |
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1 | | 96-1000, eff. 7-2-10; 96-1416, eff. 7-30-10; 97-519, eff. |
2 | | 8-23-11.) |
3 | | (415 ILCS 5/52.5 new) |
4 | | Sec. 52.5. Microbead-free waters. |
5 | | (a) As used in this Section: |
6 | | "Personal care product" means any article intended to be |
7 | | rubbed, poured, sprinkled, or sprayed on, introduced into, or |
8 | | otherwise applied to the human body or any part thereof for |
9 | | cleansing, beautifying, promoting attractiveness, or altering |
10 | | the appearance, and any article intended for use as a component |
11 | | of any such article. "Personal care product" does not include |
12 | | any prescription or over the counter drugs. |
13 | | "Plastic" means a synthetic material made from linking |
14 | | monomers through a chemical reaction to create an organic |
15 | | polymer chain that can be molded or extruded at high heat into |
16 | | various solid forms retaining their defined shapes during life |
17 | | cycle and after disposal. |
18 | | "Synthetic plastic microbead" means any intentionally |
19 | | added non-biodegradable solid plastic particle measured less |
20 | | than 5 millimeters in size and is used to exfoliate or cleanse |
21 | | in a rinse-off product. |
22 | | (b) The General Assembly hereby finds that microbeads, a |
23 | | synthetic alternative ingredient to such natural materials as |
24 | | ground almonds, oatmeal, and pumice, found in over 100 personal |
25 | | care products, including facial cleansers, shampoos, and |
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1 | | toothpastes, pose a serious threat to the State's environment. |
2 | | Microbeads have been documented to collect harmful |
3 | | pollutants already present in the environment and harm fish and |
4 | | other aquatic organisms that form the base of the aquatic food |
5 | | chain. Recently, microbeads have been recorded in Illinois |
6 | | water bodies, and in particular, the waters of Lake Michigan. |
7 | | Although synthetic plastic microbeads are a safe and |
8 | | effective mild abrasive ingredient effectively used for gently |
9 | | removing dead skin, there are recent concerns about the |
10 | | potential environmental impact of these materials. More |
11 | | research is needed on any adverse consequences, but a number of |
12 | | cosmetic manufacturers have already begun a voluntary process |
13 | | for identifying alternatives that allay those concerns. Those |
14 | | alternatives will be carefully evaluated to assure safety and |
15 | | implemented in a timely manner. |
16 | | Without significant and costly improvements to the |
17 | | majority of the State's sewage treatment facilities, |
18 | | microbeads contained in products will continue to pollute |
19 | | Illinois' waters and hinder the recent substantial economic |
20 | | investments in redeveloping Illinois waterfronts and the |
21 | | ongoing efforts to restore the State's lakes and rivers and |
22 | | recreational and commercial fisheries. |
23 | | (c) Effective December 31, 2017, no person shall |
24 | | manufacture for sale a personal care product that contains |
25 | | synthetic plastic microbeads as defined in this Section. |
26 | | (d) Effective December 31, 2018, no person shall accept for |