Sen. Heather A. Steans

Filed: 4/1/2014

 

 


 

 


 
09800SB2727sam002LRB098 18329 RPS 57952 a

1
AMENDMENT TO SENATE BILL 2727

2    AMENDMENT NO. ______. Amend Senate Bill 2727, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Environmental Protection Act is amended by
6changing Section 42 and by adding Section 52.5 as follows:
 
7    (415 ILCS 5/42)  (from Ch. 111 1/2, par. 1042)
8    Sec. 42. Civil penalties.
9    (a) Except as provided in this Section, any person that
10violates any provision of this Act or any regulation adopted by
11the Board, or any permit or term or condition thereof, or that
12violates any order of the Board pursuant to this Act, shall be
13liable for a civil penalty of not to exceed $50,000 for the
14violation and an additional civil penalty of not to exceed
15$10,000 for each day during which the violation continues; such
16penalties may, upon order of the Board or a court of competent

 

 

09800SB2727sam002- 2 -LRB098 18329 RPS 57952 a

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

 

 

09800SB2727sam002- 3 -LRB098 18329 RPS 57952 a

1    liable to a civil penalty of not to exceed $25,000 per day
2    of violation.
3        (4) In an administrative citation action under Section
4    31.1 of this Act, any person found to have violated any
5    provision of subsection (o) of Section 21 of this Act shall
6    pay a civil penalty of $500 for each violation of each such
7    provision, plus any hearing costs incurred by the Board and
8    the Agency. Such penalties shall be made payable to the
9    Environmental Protection Trust Fund, to be used in
10    accordance with the provisions of the Environmental
11    Protection Trust Fund Act; except that if a unit of local
12    government issued the administrative citation, 50% of the
13    civil penalty shall be payable to the unit of local
14    government.
15        (4-5) In an administrative citation action under
16    Section 31.1 of this Act, any person found to have violated
17    any provision of subsection (p) of Section 21, Section
18    22.51, Section 22.51a, or subsection (k) of Section 55 of
19    this Act shall pay a civil penalty of $1,500 for each
20    violation of each such provision, plus any hearing costs
21    incurred by the Board and the Agency, except that the civil
22    penalty amount shall be $3,000 for each violation of any
23    provision of subsection (p) of Section 21, Section 22.51,
24    Section 22.51a, or subsection (k) of Section 55 that is the
25    person's second or subsequent adjudication violation of
26    that provision. The penalties shall be deposited into the

 

 

09800SB2727sam002- 4 -LRB098 18329 RPS 57952 a

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
4    government issued the administrative citation, 50% of the
5    civil penalty shall be payable to the unit of local
6    government.
7        (5) Any person who violates subsection 6 of Section
8    39.5 of this Act or any CAAPP permit, or term or condition
9    thereof, or any fee or filing requirement, or any duty to
10    allow or carry out inspection, entry or monitoring
11    activities, or any regulation or order relating to the
12    CAAPP shall be liable for a civil penalty not to exceed
13    $10,000 per day of violation.
14        (6) Any owner or operator of a community water system
15    that violates subsection (b) of Section 18.1 or subsection
16    (a) of Section 25d-3 of this Act shall, for each day of
17    violation, be liable for a civil penalty not to exceed $5
18    for each of the premises connected to the affected
19    community water system.
20        (7) Any person who violates Section 52.5 of this Act
21    shall be liable for a civil penalty of up to $1,000 for the
22    first violation of that Section and a civil penalty of up
23    to $2,500 for a second or subsequent violation of that
24    Section.
25    (b.5) In lieu of the penalties set forth in subsections (a)
26and (b) of this Section, any person who fails to file, in a

 

 

09800SB2727sam002- 5 -LRB098 18329 RPS 57952 a

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

 

 

09800SB2727sam002- 6 -LRB098 18329 RPS 57952 a

1violations of this Act, any rule or regulation adopted under
2this Act, any permit or term or condition of a permit, or any
3Board order, or to require such other actions as may be
4necessary to address violations of this Act, any rule or
5regulation adopted under this Act, any permit or term or
6condition of a permit, or any Board order.
7    (f) The State's Attorney of the county in which the
8violation occurred, or the Attorney General, shall bring such
9actions in the name of the people of the State of Illinois.
10Without limiting any other authority which may exist for the
11awarding of attorney's fees and costs, the Board or a court of
12competent jurisdiction may award costs and reasonable
13attorney's fees, including the reasonable costs of expert
14witnesses and consultants, to the State's Attorney or the
15Attorney General in a case where he has prevailed against a
16person who has committed a wilful, knowing or repeated
17violation of this Act, any rule or regulation adopted under
18this Act, any permit or term or condition of a permit, or any
19Board order.
20    Any funds collected under this subsection (f) in which the
21Attorney General has prevailed shall be deposited in the
22Hazardous Waste Fund created in Section 22.2 of this Act. Any
23funds collected under this subsection (f) in which a State's
24Attorney has prevailed shall be retained by the county in which
25he serves.
26    (g) All final orders imposing civil penalties pursuant to

 

 

09800SB2727sam002- 7 -LRB098 18329 RPS 57952 a

1this Section shall prescribe the time for payment of such
2penalties. If any such penalty is not paid within the time
3prescribed, interest on such penalty at the rate set forth in
4subsection (a) of Section 1003 of the Illinois Income Tax Act,
5shall be paid for the period from the date payment is due until
6the date payment is received. However, if the time for payment
7is stayed during the pendency of an appeal, interest shall not
8accrue during such stay.
9    (h) In determining the appropriate civil penalty to be
10imposed under subdivisions (a), (b)(1), (b)(2), (b)(3), or
11(b)(5) of this Section, the Board is authorized to consider any
12matters of record in mitigation or aggravation of penalty,
13including but not limited to the following factors:
14        (1) the duration and gravity of the violation;
15        (2) the presence or absence of due diligence on the
16    part of the respondent in attempting to comply with
17    requirements of this Act and regulations thereunder or to
18    secure relief therefrom as provided by this Act;
19        (3) any economic benefits accrued by the respondent
20    because of delay in compliance with requirements, in which
21    case the economic benefits shall be determined by the
22    lowest cost alternative for achieving compliance;
23        (4) the amount of monetary penalty which will serve to
24    deter further violations by the respondent and to otherwise
25    aid in enhancing voluntary compliance with this Act by the
26    respondent and other persons similarly subject to the Act;

 

 

09800SB2727sam002- 8 -LRB098 18329 RPS 57952 a

1        (5) the number, proximity in time, and gravity of
2    previously adjudicated violations of this Act by the
3    respondent;
4        (6) whether the respondent voluntarily self-disclosed,
5    in accordance with subsection (i) of this Section, the
6    non-compliance to the Agency;
7        (7) whether the respondent has agreed to undertake a
8    "supplemental environmental project," which means an
9    environmentally beneficial project that a respondent
10    agrees to undertake in settlement of an enforcement action
11    brought under this Act, but which the respondent is not
12    otherwise legally required to perform; and
13        (8) whether the respondent has successfully completed
14    a Compliance Commitment Agreement under subsection (a) of
15    Section 31 of this Act to remedy the violations that are
16    the subject of the complaint.
17    In determining the appropriate civil penalty to be imposed
18under subsection (a) or paragraph (1), (2), (3), or (5) of
19subsection (b) of this Section, the Board shall ensure, in all
20cases, that the penalty is at least as great as the economic
21benefits, if any, accrued by the respondent as a result of the
22violation, unless the Board finds that imposition of such
23penalty would result in an arbitrary or unreasonable financial
24hardship. However, such civil penalty may be off-set in whole
25or in part pursuant to a supplemental environmental project
26agreed to by the complainant and the respondent.

 

 

09800SB2727sam002- 9 -LRB098 18329 RPS 57952 a

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

 

 

09800SB2727sam002- 10 -LRB098 18329 RPS 57952 a

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

 

 

09800SB2727sam002- 11 -LRB098 18329 RPS 57952 a

1Section 22.52 of this Act shall be liable for an additional
2civil penalty of up to 3 times the gross amount of any
3pecuniary gain resulting from the violation.
4    (k) In addition to any other remedy or penalty that may
5apply, whether civil or criminal, any person who violates
6subdivision (a)(7.6) of Section 31 of this Act shall be liable
7for an additional civil penalty of $2,000.
8(Source: P.A. 96-603, eff. 8-24-09; 96-737, eff. 8-25-09;
996-1000, eff. 7-2-10; 96-1416, eff. 7-30-10; 97-519, eff.
108-23-11.)
 
11    (415 ILCS 5/52.5 new)
12    Sec. 52.5. Microbead-free waters.
13    (a) As used in this Section:
14    "Personal care product" means any article intended to be
15rubbed, poured, sprinkled, or sprayed on, introduced into, or
16otherwise applied to the human body or any part thereof for
17cleansing, beautifying, promoting attractiveness, or altering
18the appearance, and any article intended for use as a component
19of any such article. "Personal care product" does not include
20any prescription or over the counter drugs.
21    "Plastic" means a synthetic material made from linking
22monomers through a chemical reaction to create an organic
23polymer chain that can be molded or extruded at high heat into
24various solid forms retaining their defined shapes during life
25cycle and after disposal.

 

 

09800SB2727sam002- 12 -LRB098 18329 RPS 57952 a

1    "Synthetic plastic microbead" means any intentionally
2added non-biodegradable solid plastic particle measured less
3than 5 millimeters in size and is used to exfoliate or cleanse
4in a rinse-off product.
5    (b) The General Assembly hereby finds that microbeads, a
6synthetic alternative ingredient to such natural materials as
7ground almonds, oatmeal, and pumice, found in over 100 personal
8care products, including facial cleansers, shampoos, and
9toothpastes, pose a serious threat to the State's environment.
10Microbeads have been documented to collect harmful pollutants
11already present in the environment and harm fish and other
12aquatic organisms that form the base of the aquatic food chain.
13Recently, microbeads have been recorded in Illinois water
14bodies, and in particular, the waters of Lake Michigan.
15    Although synthetic plastic microbeads are a safe and
16effective mild abrasive ingredient effectively used for gently
17removing dead skin, there are recent concerns about the
18potential environmental impact of these materials. More
19research is needed on any adverse consequences, but a number of
20cosmetic manufacturers have already begun a voluntary process
21for identifying alternatives that allay those concerns. Those
22alternatives will be carefully evaluated to assure safety and
23implemented in a timely manner.
24    Without significant and costly improvements to the
25majority of the State's sewage treatment facilities,
26microbeads contained in products will continue to pollute

 

 

09800SB2727sam002- 13 -LRB098 18329 RPS 57952 a

1Illinois' waters and hinder the recent substantial economic
2investments in redeveloping Illinois waterfronts and the
3ongoing efforts to restore the State's lakes and rivers and
4recreational and commercial fisheries.
5    (c) Effective December 31, 2017, no person shall
6manufacture for sale a personal care product that contains
7synthetic plastic microbeads as defined in this Section.
8    (d) Effective December 31, 2018, no person shall accept for
9sale a personal care product that contains synthetic plastic
10microbeads as defined in this Section.".