[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] |
91_HB3009ham001
LRB9109978ACpcam
1 AMENDMENT TO HOUSE BILL 3009
2 AMENDMENT NO. . Amend House Bill 3009, on page 1,
3 lines 2 and 6, by replacing "Sections 9, 10, and 42" each
4 time it appears with "Sections 9, 10, 31.1, and 42"; and
5 on page 2, by replacing lines 33 and 34 with the following:
6 "this Section shall be construed to prohibit the open burning
7 of landscape waste for agricultural purposes (including but
8 not limited to the open burning of landscape waste by
9 production nurseries and the open burning of landscape waste
10 generated on a farm), habitat management purposes (including
11 but not limited to forest and prairie reclamation), or
12 firefighter training. For the purposes of this subsection,
13 "farm" has the same meaning as under Section 1-60 of the
14 Property Tax Code Act, the burning of landscape waste by
15 production nurseries shall be considered to be burning for
16 agricultural purposes."; and
17 on page 3, by deleting lines 1 through 4; and
18 on page 5, by replacing line 24 with "of the State that is
19 classified on the effective date of this amendatory Act of
20 the 91st General Assembly as a moderate,"; and
21 on page 5, by replacing lines 26 through 28 with the
22 following:
-2- LRB9109978ACpcam
1 "under Section 181 of the federal Clean Air Act. Initial
2 rules adopted to implement this amendatory Act of the 91st
3 General Assembly shall take effect on July 1, 2001. If a
4 unit of"; and
5 on page 8, immediately below line 9, by inserting the
6 following:
7 "(415 ILCS 5/31.1) (from Ch. 111 1/2, par. 1031.1)
8 Sec. 31.1. Administrative citation.
9 (a) The prohibitions specified in subsections (o) and
10 (p) of Section 21 of this Act shall be enforceable either by
11 administrative citation under this Section or as otherwise
12 provided by this Act. A violation of subsection (C) of
13 Section 10 of this Act is enforceable either by
14 administrative citation under this Section or as otherwise
15 provided by this Act.
16 (b) Whenever Agency personnel or personnel of a unit of
17 local government to which the Agency has delegated its
18 functions pursuant to subsection (r) of Section 4 of this
19 Act, on the basis of direct observation, determine that any
20 person has violated any provision of subsection (o) or (p) of
21 Section 21 of this Act or subsection (C) of Section 10 of
22 this Act, the Agency or such unit of local government may
23 issue and serve an administrative citation upon such person
24 within not more than 60 days after the date of the observed
25 violation. Each such citation issued shall be served upon
26 the person named therein or such person's authorized agent
27 for service of process, and shall include the following
28 information:
29 (1) a statement specifying the provisions of
30 subsection (o) or (p) of Section 21 or subsection (C) of
31 Section 10 of which the person was observed to be in
32 violation;
33 (2) a copy of the inspection report in which the
-3- LRB9109978ACpcam
1 Agency or local government recorded the violation, which
2 report shall include the date and time of inspection, and
3 weather conditions prevailing during the inspection;
4 (3) the penalty imposed by subdivision (b)(4) of
5 Section 42 for such violation;
6 (4) instructions for contesting the administrative
7 citation findings pursuant to this Section, including
8 notification that the person has 35 days within which to
9 file a petition for review before the Board to contest
10 the administrative citation; and
11 (5) an affidavit by the personnel observing the
12 violation, attesting to their material actions and
13 observations.
14 (c) The Agency or unit of local government shall file a
15 copy of each administrative citation served under subsection
16 (b) of this Section with the Board no later than 10 days
17 after the date of service.
18 (d) (1) If the person named in the administrative
19 citation fails to petition the Board for review within 35
20 days from the date of service, the Board shall adopt a final
21 order, which shall include the administrative citation and
22 findings of violation as alleged in the citation, and shall
23 impose the penalty specified in subdivision (b)(4) of Section
24 42.
25 (2) If a petition for review is filed before the Board
26 to contest an administrative citation issued under subsection
27 (b) of this Section, the Agency or unit of local government
28 shall appear as a complainant at a hearing before the Board
29 to be conducted pursuant to Section 32 of this Act at a time
30 not less than 21 days after notice of such hearing has been
31 sent by the Board to the Agency or unit of local government
32 and the person named in the citation. In such hearings, the
33 burden of proof shall be on the Agency or unit of local
34 government. If, based on the record, the Board finds that the
-4- LRB9109978ACpcam
1 alleged violation occurred, it shall adopt a final order
2 which shall include the administrative citation and findings
3 of violation as alleged in the citation, and shall impose the
4 penalty specified in subdivision (b)(4) of Section 42.
5 However, if the Board finds that the person appealing the
6 citation has shown that the violation resulted from
7 uncontrollable circumstances, the Board shall adopt a final
8 order which makes no finding of violation and which imposes
9 no penalty.
10 (e) Sections 10-25 through 10-60 of the Illinois
11 Administrative Procedure Act shall not apply to any
12 administrative citation issued under subsection (b) of this
13 Section.
14 (f) The other provisions of this Section shall not apply
15 to a sanitary landfill operated by a unit of local government
16 solely for the purpose of disposing of water and sewage
17 treatment plant sludges, including necessary stabilizing
18 materials.
19 (g) All final orders issued and entered by the Board
20 pursuant to this Section shall be enforceable by injunction,
21 mandamus or other appropriate remedy, in accordance with
22 Section 42 of this Act.
23 (Source: P.A. 88-45; 88-496; 88-670, eff. 12-2-94.)"; and
24 on page 9, line 29, by replacing "(4-5)" with "(4.1) (4-5)";
25 and
26 on page 10, immediately below line 7, by inserting the
27 following:
28 "(4.2) In an administrative citation action under
29 Section 31.1 of this Act, a person found to have violated a
30 provision of subsection (C) of Section 10 of this Act or a
31 rule adopted under that subsection shall pay a civil penalty
32 of $100 for a first violation, $250 for a second violation,
33 and $500 for a third or subsequent violation, plus any
-5- LRB9109978ACpcam
1 hearing costs incurred by the Board and the Agency. Such
2 penalties shall be made payable to the Environmental
3 Protection Trust Fund, to be used in accordance with the
4 provisions of the Environmental Protection Trust Fund Act;
5 except that if a unit of local government issued the
6 administrative citation, 50% of the civil penalty shall be
7 payable to the unit of local government. The civil penalty
8 imposed by this item (4.2) is in addition to any other
9 penalty provided by law.".