(415 ILCS 160/30)
Sec. 30. Penalties; action for penalties; Department approval of penalties.
(a) A person who violates Section 25 or any rule or order issued under this Act is subject to a civil penalty not to exceed the maximum penalties established by 49 U.S.C. 60122(a)(1) for each day the violation persists.
(b) Any civil penalty may be compromised by the Department or, subject to this Act, by the underground natural gas storage safety manager. In determining the amount of the penalty, the Department shall consider the standards set forth in 49 U.S.C. 60122(b). The final amount of the penalty or the amount agreed upon in the compromise shall be paid or deducted from any sums owing by the State of Illinois to the person charged under the terms and conditions of the notice of probable violation, the agreed compromise, or the Department order, whichever applies, or may be recovered in a civil action in accordance with subsection (c). Unless specifically stated otherwise in the terms and conditions of a compromise agreement, a compromise of a penalty recommended in a notice of probable violation by the person charged shall not be an admission of liability.
(c) Actions to recover penalties under this Act shall be brought in the name of the People of the State of Illinois in the circuit court in and for the county where the cause or part of the cause arose, where the Department has a principal place of business, where the corporation complained of, if any, has its principal place of business, or where the person, if any, complained of resides. All penalties recovered by the State in an action shall be paid to the Underground Resources Conservation Enforcement Fund. The action shall be commenced and prosecuted to final judgment by the Attorney General on behalf of the Department. In all such actions, the procedure and rules of evidence shall comply with the Civil Practice Law and other rules of court governing civil trials.
(d) The Department may proceed under Section 11 of the Illinois Oil and Gas Act, either by mandamus or injunction, to secure compliance with its rules and orders issued under this Act.
(e) A person penalized under this Section is not subject to any other penalty provided in the Illinois Oil and Gas Act for the same action.
(f) If a penalty recommended by the underground natural gas storage safety manager is paid by the person charged in the applicable notice of probable violation in accordance with subsection (b), or in accordance with the terms and conditions of a compromise agreed upon by the person and the underground natural gas storage safety manager, then the underground natural gas storage safety manager shall report to, and request the approval of, the Director for each payment of a recommended penalty or agreed compromise, whichever applies, and shall also post the report on the Department's website as a public document. If the report and request for approval is made to the Director, the Director shall have the power, and is hereby given the authority, either upon the complaint or upon her or his own motion, after reasonable notice has been given within 45 days after the report and request for approval was made, to enter a hearing concerning the propriety of the applicable notice of probable violation, payment, or compromise. If the Director does not exercise this power within the 45-day period, the payment or agreed compromise referenced in the report shall be approved by the Director by operation of law at the expiration of the 45-day period and the notice of probable violation and related investigation shall be closed.
(Source: P.A. 100-1172, eff. 1-4-19.) |