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| [ Introduced ] | [ House Amendment 001 ] |
91_HB3009eng HB3009 Engrossed LRB9109978ACtm 1 AN ACT to amend the Environmental Protection Act by 2 changing Sections 9, 10, 31.1, and 42. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Environmental Protection Act is amended by 6 changing Sections 9, 10, 31.1, and 42 as follows: 7 (415 ILCS 5/9) (from Ch. 111 1/2, par. 1009) 8 Sec. 9. Acts prohibited. No person shall: 9 (a) Cause or threaten or allow the discharge or emission 10 of any contaminant into the environment in any State so as to 11 cause or tend to cause air pollution in Illinois, either 12 alone or in combination with contaminants from other sources, 13 or so as to violate regulations or standards adopted by the 14 Board under this Act; 15 (b) Construct, install, or operate any equipment, 16 facility, vehicle, vessel, or aircraft capable of causing or 17 contributing to air pollution or designed to prevent air 18 pollution, of any type designated by Board regulations, 19 without a permit granted by the Agency, or in violation of 20 any conditions imposed by such permit; 21 (c) Cause or allow the open burning of refuse, conduct 22 any salvage operation by open burning, or cause or allow the 23 burning of any refuse in any chamber not specifically 24 permitteddesigned for the purpose and approvedby the Agency 25 pursuant to regulations adopted by the Board under this Act; 26 except that the Board may adopt regulations permitting open 27 burning of refuse in certain cases upon a finding that no 28 harm will result from such burning, or that any alternative 29 method of disposing of such refuse would create a safety 30 hazard so extreme as to justify the pollution that would 31 result from such burning; HB3009 Engrossed -2- LRB9109978ACtm 1 (d) Sell, offer, or use any fuel or other article in any 2 areas in which the Board may by regulation forbid its sale, 3 offer, or use for reasons of air pollutionair-pollution4 control; 5 (e) Use, cause or allow the spraying of loose asbestos 6 for the purpose of fireproofing or insulating any building or 7 building material or other constructions, or otherwise use 8 asbestos in such unconfined manner as to permit asbestos 9 fibers or particles to pollute the air; 10 (f) Commencing July 1, 1985, sell any used oil for 11 burning or incineration in any incinerator, boiler, furnace, 12 burner or other equipment unless such oil meets standards 13 based on virgin fuel oil or re-refined oil, as defined in 14 ASTM D-396 or specifications under VV-F-815C promulgated 15 pursuant to the federal Energy Policy and Conservation Act, 16 and meets the manufacturer's and current NFDA code standards 17 for which such incinerator, boiler, furnace, burner or other 18 equipment was approved, except that this prohibition does not 19 apply to a sale to a permitted used oil re-refining or 20 reprocessing facility or sale to a facility permitted by the 21 Agency to burn or incinerate such oil. 22 Nothing herein shall limit the effect of any section of 23 this Title with respect to any form of asbestos, or the 24 spraying of any form of asbestos, or limit the power of the 25 Board under this Title to adopt additional and further 26 regulations with respect to any form of asbestos, or the 27 spraying of any form of asbestos. 28 Except as provided in subsection (C) of Section 10, this 29 Section shall not limit the burning of landscape waste upon 30 the premises where it is produced or at sites provided and 31 supervised by any unit of local government, except within any32county having a population of more than 400,000. Nothing in 33 this Section shall be construed to prohibit the open burning 34 of landscape waste for agricultural purposes (including but HB3009 Engrossed -3- LRB9109978ACtm 1 not limited to the open burning of landscape waste by 2 production nurseries and the open burning of landscape waste 3 generated on a farm), habitat management purposes (including 4 but not limited to forest and prairie reclamation), or 5 firefighter training. For the purposes of this subsection, 6 "farm" has the same meaning as under Section 1-60 of the 7 Property Tax CodeAct, the burning of landscape waste by8production nurseries shall be considered to be burning for9agricultural purposes. 10 Any grain elevator located outside of a major population 11 area, as defined in Section 211.3610 of Title 35 of the 12 Illinois Administrative Code, shall be exempt from the 13 requirements of Section 212.462 of Title 35 of the Illinois 14 Administrative Code provided that the elevator: (1) does not 15 violate the prohibitions of subsection (a) of this Section or 16 have a certified investigation, as defined in Section 211.970 17 of Title 35 of the Illinois Administrative Code, on file with 18 the Agency and (2) is not required to obtain a Clean Air Act 19 Permit Program permit pursuant to Section 39.5. 20 Notwithstanding the above exemption, new stationary source 21 performance standards for grain elevators, established 22 pursuant to Section 9.1 of this Act and Section 111 of the 23 federal Clean Air Act, shall continue to apply to grain 24 elevators. 25 (Source: P.A. 88-488; 89-328, eff. 8-17-95; 89-491, eff. 26 6-21-96.) 27 (415 ILCS 5/10) (from Ch. 111 1/2, par. 1010) 28 Sec. 10. RulesRegulations. 29 (A) The Board, pursuant to procedures prescribed in 30 Title VII of this Act, may adopt regulations to promote the 31 purposes of this Title. Without limiting the generality of 32 this authority, such regulations may among other things 33 prescribe: HB3009 Engrossed -4- LRB9109978ACtm 1 (a) Ambient air quality standards specifying the 2 maximum permissible short-term and long-term 3 concentrations of various contaminants in the atmosphere; 4 (b) Emission standards specifying the maximum 5 amounts or concentrations of various contaminants that 6 may be discharged into the atmosphere; 7 (c) Standards for the issuance of permits for 8 construction, installation, or operation of any 9 equipment, facility, vehicle, vessel, or aircraft capable 10 of causing or contributing to air pollution or designed 11 to prevent air pollution; 12 (d) Standards and conditions regarding the sale, 13 offer, or use of any fuel, vehicle, or other article 14 determined by the Board to constitute an air pollution 15air-pollutionhazard; 16 (e) Alert and abatement standards relative to air 17 pollutionair-pollutionepisodes or emergencies 18 constituting an acute danger to health or to the 19 environment; 20 (f) Requirements and procedures for the inspection 21 of any equipment, facility, vehicle, vessel, or aircraft 22 that may cause or contribute to air pollution; 23 (g) Requirements and standards for equipment and 24 procedures for monitoring contaminant discharges at their 25 sources, the collection of samples and the collection, 26 reporting and retention of data resulting from such 27 monitoring. 28 (B) The Board shall adopt sulfur dioxide regulations and 29 emission standards for existing fuel combustion stationary 30 emission sources located in all areas of the State of 31 Illinois, except the Chicago, St. Louis (Illinois) and Peoria 32 major metropolitan areas, in accordance with the following 33 requirements: 34 (1) Such regulations shall not be more restrictive HB3009 Engrossed -5- LRB9109978ACtm 1 than necessary to attain and maintain the "Primary 2 National Ambient Air Quality Standards for Sulfur 3 Dioxide" and within a reasonable time attain and maintain 4 the "Secondary National Ambient Air Quality Standards for 5 Sulfur Dioxide." 6 (2) Such regulations shall be based upon ambient 7 air quality monitoring data insofar as possible, 8 consistent with regulations of the United States 9 Environmental Protection Agency. To the extent that air 10 quality modeling techniques are used for setting 11 standards, such techniques shall be fully described and 12 documented in the record of the Board's rulemaking 13 proceeding. 14 (3) Such regulations shall provide a mechanism for 15 the establishment of emission standards applicable to a 16 specific site as an alternative to a more restrictive 17 general emission standard. The Board shall delegate 18 authority to the Agency to determine such specific site 19 emission standards, pursuant to regulations adopted by 20 the Board. 21 (4) Such regulations and standards shall allow all 22 available alternative air quality control methods 23 consistent with federal law and regulations. 24 (C) (1) No later than December 1, 2000,The Board may25not adopt any regulation banning the burning of landscape26waste throughout the State generally.the Board shall 27may, by rule,regulation, restrict orprohibit the open 28 burning of landscape waste within any geographical area 29 of the State that is classified on the effective date of 30 this amendatory Act of the 91st General Assembly as a 31 moderate, serious, severe, or extreme non-attainment area 32 for ozone under Section 181 of the federal Clean Air Act. 33 Initial rules adopted to implement this amendatory Act of 34 the 91st General Assembly shall take effect on July 1, HB3009 Engrossed -6- LRB9109978ACtm 1 2001. If a unit of local government has, prior to the 2 effective date of the Board's rules, adopted an ordinance 3 or regulation regarding the open burning of landscape 4 waste, the local ordinance or regulation shall control so 5 long as it remains in effect. 6 (2) The Board may also adopt rules prohibiting the 7 open burning of landscape waste in other geographical 8 areas of the State if it determines based on medical and 9 biological evidence generally accepted by the scientific 10 community that such burning will produce in the 11 atmosphere of that geographical area contaminants in 12 sufficient quantities and of such characteristics and 13 duration as to be injurious to humanhumans, plant, or 14 animal life, or health. 15 (3) Nothing in this Section shall be construed to 16 prohibit the open burning of landscape waste for 17 agricultural purposes (including but not limited to the 18 open burning of landscape waste by production nurseries 19 and the open burning of landscape waste generated on a 20 farm), habitat management purposes (including but not 21 limited to forest and prairie reclamation), or 22 firefighter training purposes. For the purposes of this 23 subsection, "farm" has the same meaning as under Section 24 1-60 of the Property Tax Code. 25 (4) A home rule unit may not regulate the open 26 burning of landscape waste in a manner inconsistent with 27 the regulation of open burning of landscape waste by the 28 State under this Section, unless the home rule unit has, 29 prior to the effective date of rules adopted by the Board 30 under subdivision (1), adopted ordinances or regulations 31 relating to the open burning of landscape waste and those 32 ordinances or regulations remain in effect. This Section 33 is a limitation under subsection (i) of Section 6 of 34 Article VII of the Illinois Constitution on the HB3009 Engrossed -7- LRB9109978ACtm 1 concurrent exercise by home rule units of powers and 2 functions exercised by the State. 3 (D) The Board shall adopt regulations requiring the 4 owner or operator of a gasoline dispensing system that 5 dispenses more than 10,000 gallons of gasoline per month to 6 install and operate a system for the recovery of gasoline 7 vapor emissions arising from the fueling of motor vehicles 8 that meets the requirements of Section 182 of the federal 9 Clean Air Act (42 USC 7511a). These regulations shall apply 10 only in areas of the State that are classified as moderate, 11 serious, severe or extreme non-attainment areas for ozone 12 pursuant to Section 181 of the federal Clean Air Act (42 USC 13 7511), but shall not apply in such areas classified as 14 moderate non-attainment areas for ozone if the Administrator 15 of the U.S. Environmental Protection Agency promulgates 16 standards for vehicle-based (onboard) systems for the control 17 of vehicle refueling emissions pursuant to Section 202(a)(6) 18 of the federal Clean Air Act (42 USC 7521(a)(6)) by November 19 15, 1992. 20 (E) The Board shall not adopt or enforce any regulation 21 requiring the use of a tarpaulin or other covering on a 22 truck, trailer, or other vehicle that is stricter than the 23 requirements of Section 15-109.1 of the Illinois Vehicle 24 Code. To the extent that it is in conflict with this 25 subsection, the Board's rule codified as 35 Ill. Admin. Code, 26 Section 212.315 is hereby superseded. 27 (F) Any person who prior to June 8, 1988, has filed a 28 timely Notice of Intent to Petition for an Adjusted RACT 29 Emissions Limitation and who subsequently timely files a 30 completed petition for an adjusted RACT emissions limitation 31 pursuant to 35 Ill. Adm. Code, Part 215, Subpart I, shall be 32 subject to the procedures contained in Subpart I but shall be 33 excluded by operation of law from 35 Ill. Adm. Code, Part 34 215, Subparts PP, QQ and RR, including the applicable HB3009 Engrossed -8- LRB9109978ACtm 1 definitions in 35 Ill. Adm. Code, Part 211. Such persons 2 shall instead be subject to a separate regulation which the 3 Board is hereby authorized to adopt pursuant to the adjusted 4 RACT emissions limitation procedure in 35 Ill. Adm. Code, 5 Part 215, Subpart I. In its final action on the petition, 6 the Board shall create a separate rule which establishes 7 Reasonably Available Control Technology (RACT) for such 8 person. The purpose of this procedure is to create separate 9 and independent regulations for purposes of SIP submittal, 10 review, and approval by USEPA. 11 (G) Subpart FF of Subtitle B, Title 35 Ill. Adm. Code, 12 Sections 218.720 through 218.730 and Sections 219.720 through 13 219.730, are hereby repealed by operation of law and are 14 rendered null and void and of no force and effect. 15 (Source: P.A. 88-381; 89-79, eff. 6-30-95.) 16 (415 ILCS 5/31.1) (from Ch. 111 1/2, par. 1031.1) 17 Sec. 31.1. Administrative citation. 18 (a) The prohibitions specified in subsections (o) and 19 (p) of Section 21 of this Act shall be enforceable either by 20 administrative citation under this Section or as otherwise 21 provided by this Act. A violation of subsection (C) of 22 Section 10 of this Act is enforceable either by 23 administrative citation under this Section or as otherwise 24 provided by this Act. 25 (b) Whenever Agency personnel or personnel of a unit of 26 local government to which the Agency has delegated its 27 functions pursuant to subsection (r) of Section 4 of this 28 Act, on the basis of direct observation, determine that any 29 person has violated any provision of subsection (o) or (p) of 30 Section 21 of this Act or subsection (C) of Section 10 of 31 this Act, the Agency or such unit of local government may 32 issue and serve an administrative citation upon such person 33 within not more than 60 days after the date of the observed HB3009 Engrossed -9- LRB9109978ACtm 1 violation. Each such citation issued shall be served upon 2 the person named therein or such person's authorized agent 3 for service of process, and shall include the following 4 information: 5 (1) a statement specifying the provisions of 6 subsection (o) or (p) of Section 21 or subsection (C) of 7 Section 10 of which the person was observed to be in 8 violation; 9 (2) a copy of the inspection report in which the 10 Agency or local government recorded the violation, which 11 report shall include the date and time of inspection, and 12 weather conditions prevailing during the inspection; 13 (3) the penalty imposed bysubdivision (b)(4) of14 Section 42 for such violation; 15 (4) instructions for contesting the administrative 16 citation findings pursuant to this Section, including 17 notification that the person has 35 days within which to 18 file a petition for review before the Board to contest 19 the administrative citation; and 20 (5) an affidavit by the personnel observing the 21 violation, attesting to their material actions and 22 observations. 23 (c) The Agency or unit of local government shall file a 24 copy of each administrative citation served under subsection 25 (b) of this Section with the Board no later than 10 days 26 after the date of service. 27 (d) (1) If the person named in the administrative 28 citation fails to petition the Board for review within 35 29 days from the date of service, the Board shall adopt a final 30 order, which shall include the administrative citation and 31 findings of violation as alleged in the citation, and shall 32 impose the penalty specified insubdivision (b)(4) ofSection 33 42. 34 (2) If a petition for review is filed before the Board HB3009 Engrossed -10- LRB9109978ACtm 1 to contest an administrative citation issued under subsection 2 (b) of this Section, the Agency or unit of local government 3 shall appear as a complainant at a hearing before the Board 4 to be conducted pursuant to Section 32 of this Act at a time 5 not less than 21 days after notice of such hearing has been 6 sent by the Board to the Agency or unit of local government 7 and the person named in the citation. In such hearings, the 8 burden of proof shall be on the Agency or unit of local 9 government. If, based on the record, the Board finds that the 10 alleged violation occurred, it shall adopt a final order 11 which shall include the administrative citation and findings 12 of violation as alleged in the citation, and shall impose the 13 penalty specified insubdivision (b)(4) ofSection 42. 14 However, if the Board finds that the person appealing the 15 citation has shown that the violation resulted from 16 uncontrollable circumstances, the Board shall adopt a final 17 order which makes no finding of violation and which imposes 18 no penalty. 19 (e) Sections 10-25 through 10-60 of the Illinois 20 Administrative Procedure Act shall not apply to any 21 administrative citation issued under subsection (b) of this 22 Section. 23 (f) The other provisions of this Section shall not apply 24 to a sanitary landfill operated by a unit of local government 25 solely for the purpose of disposing of water and sewage 26 treatment plant sludges, including necessary stabilizing 27 materials. 28 (g) All final orders issued and entered by the Board 29 pursuant to this Section shall be enforceable by injunction, 30 mandamus or other appropriate remedy, in accordance with 31 Section 42 of this Act. 32 (Source: P.A. 88-45; 88-496; 88-670, eff. 12-2-94.) 33 (415 ILCS 5/42) (from Ch. 111 1/2, par. 1042) HB3009 Engrossed -11- LRB9109978ACtm 1 Sec. 42. Civil penalties. 2 (a) Except as provided in this Section, any person that 3 violates any provision of this Act or any regulation adopted 4 by the Board, or any permit or term or condition thereof, or 5 that violates any determination or order of the Board 6 pursuant to this Act, shall be liable to a civil penalty of 7 not to exceed $50,000 for the violation and an additional 8 civil penalty of not to exceed $10,000 for each day during 9 which the violation continues; such penalties may, upon order 10 of the Board or a court of competent jurisdiction, be made 11 payable to the Environmental Protection Trust Fund, to be 12 used in accordance with the provisions of the Environmental 13 Protection Trust Fund Act. 14 (b) Notwithstanding the provisions of subsection (a) of 15 this Section: 16 (1) Any person that violates Section 12(f) of this 17 Act or any NPDES permit or term or condition thereof, or 18 any filing requirement, regulation or order relating to 19 the NPDES permit program, shall be liable to a civil 20 penalty of not to exceed $10,000 per day of violation. 21 (2) Any person that violates Section 12(g) of this 22 Act or any UIC permit or term or condition thereof, or 23 any filing requirement, regulation or order relating to 24 the State UIC program for all wells, except Class II 25 wells as defined by the Board under this Act, shall be 26 liable to a civil penalty not to exceed $2,500 per day of 27 violation; provided, however, that any person who commits 28 such violations relating to the State UIC program for 29 Class II wells, as defined by the Board under this Act, 30 shall be liable to a civil penalty of not to exceed 31 $10,000 for the violation and an additional civil penalty 32 of not to exceed $1,000 for each day during which the 33 violation continues. 34 (3) Any person that violates Sections 21(f), 21(g), HB3009 Engrossed -12- LRB9109978ACtm 1 21(h) or 21(i) of this Act, or any RCRA permit or term or 2 condition thereof, or any filing requirement, regulation 3 or order relating to the State RCRA program, shall be 4 liable to a civil penalty of not to exceed $25,000 per 5 day of violation. 6 (4) In an administrative citation action under 7 Section 31.1 of this Act, any person found to have 8 violated any provision of subsection (o) of Section 21 of 9 this Act shall pay a civil penalty of $500 for each 10 violation of each such provision, plus any hearing costs 11 incurred by the Board and the Agency. Such penalties 12 shall be made payable to the Environmental Protection 13 Trust Fund, to be used in accordance with the provisions 14 of the Environmental Protection Trust Fund Act; except 15 that if a unit of local government issued the 16 administrative citation, 50% of the civil penalty shall 17 be payable to the unit of local government. 18 (4.1)(4-5)In an administrative citation action 19 under Section 31.1 of this Act, any person found to have 20 violated any provision of subsection (p) of Section 21 of 21 this Act shall pay a civil penalty of $1,500 for a first 22 offense and $3,000 for a second or subsequent offense, 23 plus any hearing costs incurred by the Board and the 24 Agency. The penalties shall be deposited into the 25 Environmental Protection Trust Fund, to be used in 26 accordance with the provisions of the Environmental 27 Protection Trust Fund Act; except that if a unit of local 28 government issued the administrative citation, 50% of the 29 civil penalty shall be payable to the unit of local 30 government. 31 (4.2) In an administrative citation action under 32 Section 31.1 of this Act, a person found to have violated 33 a provision of subsection (C) of Section 10 of this Act 34 or a rule adopted under that subsection shall pay a civil HB3009 Engrossed -13- LRB9109978ACtm 1 penalty of $100 for a first violation, $250 for a second 2 violation, and $500 for a third or subsequent violation, 3 plus any hearing costs incurred by the Board and the 4 Agency. Such penalties shall be made payable to the 5 Environmental Protection Trust Fund, to be used in 6 accordance with the provisions of the Environmental 7 Protection Trust Fund Act; except that if a unit of local 8 government issued the administrative citation, 50% of the 9 civil penalty shall be payable to the unit of local 10 government. The civil penalty imposed by this item (4.2) 11 is in addition to any other penalty provided by law. 12 (5) Any person who violates subsection 6 of Section 13 39.5 of this Act or any CAAPP permit, or term or 14 condition thereof, or any fee or filing requirement, or 15 any duty to allow or carry out inspection, entry or 16 monitoring activities, or any regulation or order 17 relating to the CAAPP shall be liable for a civil penalty 18 not to exceed $10,000 per day of violation. 19 (6) A person who violates subsection (C) of Section 20 10 of this Act or a rule adopted by the Board under that 21 subsection shall pay a civil penalty of $100 for a first 22 violation, $250 for a second violation, and $500 for a 23 third or subsequent violation. Where such actions are 24 brought before the Board, penalties shall be payable to 25 the Environmental Protection Trust Fund, to be used in 26 accordance with the provisions of the Environmental 27 Protection Trust Fund Act. Where such actions are 28 brought before the circuit court, penalties shall be 29 payable to the county in which the violation occurred. 30 (b.5) In lieu of the penalties set forth in subsections 31 (a) and (b) of this Section, any person who fails to file, in 32 a timely manner, toxic chemical release forms with the Agency 33 pursuant to Section 25b-2 of this Act shall be liable for a 34 civil penalty of $100 per day for each day the forms are HB3009 Engrossed -14- LRB9109978ACtm 1 late, not to exceed a maximum total penalty of $6,000. This 2 daily penalty shall begin accruing on the thirty-first day 3 after the date that the person receives the warning notice 4 issued by the Agency pursuant to Section 25b-6 of this Act; 5 and the penalty shall be paid to the Agency. The daily 6 accrual of penalties shall cease as of January 1 of the 7 following year. All penalties collected by the Agency 8 pursuant to this subsection shall be deposited into the 9 Environmental Protection Permit and Inspection Fund. 10 (c) Any person that violates this Act, or an order or 11 other determination of the Board under this Act and causes 12 the death of fish or aquatic life shall, in addition to the 13 other penalties provided by this Act, be liable to pay to the 14 State an additional sum for the reasonable value of the fish 15 or aquatic life destroyed. Any money so recovered shall be 16 placed in the Wildlife and Fish Fund in the State Treasury. 17 (d) The penalties provided for in this Section may be 18 recovered in a civil action. 19 (e) The State's Attorney of the county in which the 20 violation occurred, or the Attorney General, may, at the 21 request of the Agency or on his own motion, institute a civil 22 action for an injunction to restrain violations of this Act. 23 (f) The State's Attorney of the county in which the 24 violation occurred, or the Attorney General, shall bring such 25 actions in the name of the people of the State of Illinois. 26 Without limiting any other authority which may exist for the 27 awarding of attorney's fees and costs, the Board or a court 28 of competent jurisdiction may award costs and reasonable 29 attorney's fees, including the reasonable costs of expert 30 witnesses and consultants, to the State's Attorney or the 31 Attorney General in a case where he has prevailed against a 32 person who has committed a wilful, knowing or repeated 33 violation of the Act. 34 Any funds collected under this subsection (f) in which HB3009 Engrossed -15- LRB9109978ACtm 1 the Attorney General has prevailed shall be deposited in the 2 Hazardous Waste Fund created in Section 22.2 of this Act. Any 3 funds collected under this subsection (f) in which a State's 4 Attorney has prevailed shall be retained by the county in 5 which he serves. 6 (g) All final orders imposing civil penalties pursuant 7 to this Section shall prescribe the time for payment of such 8 penalties. If any such penalty is not paid within the time 9 prescribed, interest on such penalty at the rate set forth in 10 subsection (a) of Section 1003 of the Illinois Income Tax 11 Act, shall be paid for the period from the date payment is 12 due until the date payment is received. However, if the time 13 for payment is stayed during the pendency of an appeal, 14 interest shall not accrue during such stay. 15 (h) In determining the appropriate civil penalty to be 16 imposed under subdivisions (a), (b)(1), (b)(2), (b)(3), or 17 (b)(5) of this Section, the Board is authorized to consider 18 any matters of record in mitigation or aggravation of 19 penalty, including but not limited to the following factors: 20 (1) the duration and gravity of the violation; 21 (2) the presence or absence of due diligence on the 22 part of the violator in attempting to comply with 23 requirements of this Act and regulations thereunder or to 24 secure relief therefrom as provided by this Act; 25 (3) any economic benefits accrued by the violator 26 because of delay in compliance with requirements; 27 (4) the amount of monetary penalty which will serve 28 to deter further violations by the violator and to 29 otherwise aid in enhancing voluntary compliance with this 30 Act by the violator and other persons similarly subject 31 to the Act; and 32 (5) the number, proximity in time, and gravity of 33 previously adjudicated violations of this Act by the 34 violator. HB3009 Engrossed -16- LRB9109978ACtm 1 (Source: P.A. 90-773, eff. 8-14-98; 91-82, eff. 1-1-00.) 2 Section 99. Effective date. This Act takes effect upon 3 becoming law.