Public Act 93-0575

SB1379 Enrolled                      LRB093 10331 EFG 10585 b

    AN ACT in relation to environmental protection.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The  Illinois Procurement Code is amended by
adding Section 50-12 as follows:

    (30 ILCS 500/50-12 new)
    Sec. 50-12.  Environmental Protection Act violations.
    (a)  Unless otherwise provided,  no  person  or  business
found  by  a  court  or  the  Pollution Control Board to have
committed a willful or knowing violation of Section 42 of the
Environmental Protection Act shall do business with the State
of Illinois or any State agency from the date  of  the  order
containing  the finding of violation until 5 years after that
date, unless the person or business can show that  no  person
involved  in  the violation continues to have any involvement
with the business.
    (b)  A person or business  otherwise  barred  from  doing
business with the State of Illinois or any State agency under
subsection  (a)  may be allowed to do business with the State
of Illinois or any State agency if it is shown that there  is
no  practicable  alternative to the State to contracting with
that person or business.
    (c)  Every bid submitted to and contract executed by  the
State   shall  contain  a  certification  by  the  bidder  or
contractor that the bidder or contractor is not  barred  from
being  awarded  a  contract  under  this Section and that the
contractor acknowledges that the contracting State agency may
declare the contract  void  if  the  certification  completed
pursuant to this subsection (c) is false.

    Section  10.  The Environmental Protection Act is amended
by changing Sections 39 and 42 as follows:

    (415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
    Sec. 39. Issuance of permits; procedures.
    (a)  When the Board has by regulation required  a  permit
for  the construction, installation, or operation of any type
of facility, equipment, vehicle,  vessel,  or  aircraft,  the
applicant  shall  apply  to the Agency for such permit and it
shall be the duty of the Agency to issue such a  permit  upon
proof by the applicant that the facility, equipment, vehicle,
vessel, or aircraft will not cause a violation of this Act or
of  regulations  hereunder.   The  Agency  shall  adopt  such
procedures  as  are  necessary  to carry out its duties under
this  Section.  In  making  its  determinations   on   permit
applications  under  this Section granting permits the Agency
may consider prior adjudications of noncompliance  with  this
Act by the applicant that involved a release of a contaminant
into  the  environment.   In granting permits, the Agency may
impose reasonable  conditions  specifically  related  to  the
applicant's   past   compliance  history  with  this  Act  as
necessary to correct, detect, or prevent noncompliance.   The
Agency  may  impose such other conditions as may be necessary
to accomplish the purposes  of  this  Act,  and  as  are  not
inconsistent  with  the  regulations promulgated by the Board
hereunder. Except as otherwise provided in this Act,  a  bond
or  other  security  shall not be required as a condition for
the issuance of a permit.  If the Agency  denies  any  permit
under   this  Section,  the  Agency  shall  transmit  to  the
applicant  within  the  time  limitations  of  this   Section
specific,  detailed  statements  as to the reasons the permit
application was denied.  Such statements shall  include,  but
not be limited to the following:
         (i)  the  Sections of this Act which may be violated
    if the permit were granted;
         (ii)  the provision of the regulations,  promulgated
    under  this Act, which may be violated if the permit were
    granted;
         (iii)  the specific type  of  information,  if  any,
    which  the Agency deems the applicant did not provide the
    Agency; and
         (iv)  a statement of specific reasons  why  the  Act
    and  the  regulations might not be met if the permit were
    granted.
    If there is no final action by the Agency within 90  days
after the filing of the application for permit, the applicant
may  deem  the  permit  issued;  except that this time period
shall be extended to 180 days when (1) notice and opportunity
for public hearing are required by State or  federal  law  or
regulation,  (2)  the  application which was filed is for any
permit to develop a landfill subject to issuance pursuant  to
this subsection, or (3) the application that was filed is for
a MSWLF unit required to issue public notice under subsection
(p)  of  Section 39.  The 90-day and 180-day time periods for
the Agency to take final action do not apply to NPDES  permit
applications  under  subsection  (b) of this Section, to RCRA
permit applications under subsection (d) of this Section,  or
to  UIC  permit  applications  under  subsection  (e) of this
Section.
    The Agency shall  publish  notice  of  all  final  permit
determinations  for  development  permits for MSWLF units and
for significant permit modifications for  lateral  expansions
for  existing  MSWLF units one time in a newspaper of general
circulation in the county in which the unit is or is proposed
to be located.
    After January 1, 1994 and until July 1,  1998,  operating
permits  issued  under this Section by the Agency for sources
of air pollution permitted to emit less than 25 tons per year
of any combination of regulated air pollutants, as defined in
Section 39.5 of this Act, shall be  required  to  be  renewed
only  upon  written  request  by  the  Agency consistent with
applicable provisions of this Act and regulations promulgated
hereunder.  Such operating  permits  shall  expire  180  days
after the date of such a request.  The Board shall revise its
regulations  for  the  existing State air pollution operating
permit program consistent with this provision by  January  1,
1994.
    After  June 30, 1998, operating permits issued under this
Section by the Agency for sources of air pollution  that  are
not  subject to Section 39.5 of this Act and are not required
to have a federally enforceable State operating permit  shall
be  required  to  be renewed only upon written request by the
Agency consistent with applicable provisions of this Act  and
its  rules.   Such  operating  permits  shall expire 180 days
after the date of such a request. Before July  1,  1998,  the
Board  shall  revise  its  rules  for  the existing State air
pollution  operating  permit  program  consistent  with  this
paragraph and shall adopt rules  that  require  a  source  to
demonstrate  that  it  qualifies  for  a  permit  under  this
paragraph.
    (b)  The Agency may issue NPDES permits exclusively under
this  subsection for the discharge of contaminants from point
sources into navigable waters, all as defined in the  Federal
Water  Pollution  Control  Act,  as now or hereafter amended,
within the jurisdiction of the State, or into any well.
    All  NPDES  permits  shall  contain   those   terms   and
conditions,   including  but  not  limited  to  schedules  of
compliance, which may be required to accomplish the  purposes
and provisions of this Act.
    The Agency may issue general NPDES permits for discharges
from  categories  of  point  sources which are subject to the
same permit limitations and conditions. Such general  permits
may  be  issued  without  individual  applications  and shall
conform to regulations promulgated under Section 402  of  the
Federal  Water  Pollution  Control  Act,  as now or hereafter
amended.
    The Agency may include, among such  conditions,  effluent
limitations  and  other  requirements  established under this
Act, Board regulations, the Federal Water  Pollution  Control
Act,  as  now  or hereafter amended, and regulations pursuant
thereto, and schedules for achieving compliance therewith  at
the earliest reasonable date.
    The Agency shall adopt filing requirements and procedures
which are necessary and appropriate for the issuance of NPDES
permits, and which are consistent with the Act or regulations
adopted  by  the  Board, and with the Federal Water Pollution
Control Act, as now or  hereafter  amended,  and  regulations
pursuant thereto.
    The  Agency,  subject  to  any  conditions  which  may be
prescribed by Board regulations, may issue NPDES  permits  to
allow  discharges beyond deadlines established by this Act or
by regulations of the Board  without  the  requirement  of  a
variance, subject to the Federal Water Pollution Control Act,
as   now  or  hereafter  amended,  and  regulations  pursuant
thereto.
    (c)  Except for those facilities  owned  or  operated  by
sanitary  districts  organized  under  the Metropolitan Water
Reclamation District Act, no permit for  the  development  or
construction  of  a  new  pollution  control  facility may be
granted by the Agency unless the applicant submits  proof  to
the  Agency  that  the  location  of  the  facility  has been
approved  by  the  County  Board  of  the  county  if  in  an
unincorporated  area,  or   the   governing   body   of   the
municipality  when  in  an  incorporated  area,  in which the
facility is to be located in accordance with Section 39.2  of
this Act.
    In  the  event  that  siting approval granted pursuant to
Section 39.2 has been transferred to a  subsequent  owner  or
operator,  that subsequent owner or operator may apply to the
Agency for, and  the  Agency  may  grant,  a  development  or
construction  permit  for the facility for which local siting
approval was granted. Upon application to the  Agency  for  a
development  or  construction permit by that subsequent owner
or operator, the permit applicant shall cause written  notice
of  the  permit application to be served upon the appropriate
county board or  governing  body  of  the  municipality  that
granted  siting approval for that facility and upon any party
to the siting proceeding pursuant to  which  siting  approval
was  granted.   In  that  event,  the Agency shall conduct an
evaluation  of  the  subsequent  owner  or  operator's  prior
experience in  waste  management  operations  in  the  manner
conducted under subsection (i) of Section 39 of this Act.
    Beginning  August  20,  1993,  if  the  pollution control
facility consists of a  hazardous  or  solid  waste  disposal
facility  for  which  the  proposed  site  is  located  in an
unincorporated area of a county with  a  population  of  less
than  100,000  and  includes  all or a portion of a parcel of
land that was, on April 1, 1993, adjacent to  a  municipality
having a population of less than 5,000, then the local siting
review required under this subsection (c) in conjunction with
any  permit applied for after that date shall be performed by
the governing body of that adjacent municipality rather  than
the  county board of the county in which the proposed site is
located; and for the purposes of that  local  siting  review,
any  references  in  this  Act  to  the county board shall be
deemed  to  mean  the  governing  body   of   that   adjacent
municipality;  provided, however, that the provisions of this
paragraph shall not apply to any proposed site which was,  on
April  1,  1993,  owned  in  whole  or  in  part  by  another
municipality.
    In  the  case of a pollution control facility for which a
development permit was issued before November 12, 1981, if an
operating permit has not been issued by the Agency  prior  to
August  31,  1989  for  any portion of the facility, then the
Agency may not issue or  renew  any  development  permit  nor
issue  an  original  operating permit for any portion of such
facility unless the applicant  has  submitted  proof  to  the
Agency that the location of the facility has been approved by
the  appropriate  county  board  or  municipal governing body
pursuant to Section 39.2 of this Act.
    After  January  1,  1994,  if  a  solid  waste   disposal
facility,  any portion for which an operating permit has been
issued by the Agency, has not accepted waste disposal  for  5
or more consecutive calendars years, before that facility may
accept  any  new  or additional waste for disposal, the owner
and operator must obtain a new operating  permit  under  this
Act  for  that  facility  unless  the owner and operator have
applied to the Agency for a permit authorizing the  temporary
suspension  of  waste acceptance.  The Agency may not issue a
new operation permit under this Act for the  facility  unless
the  applicant  has  submitted  proof  to the Agency that the
location of the facility has been approved or re-approved  by
the  appropriate  county  board  or  municipal governing body
under Section 39.2 of this  Act  after  the  facility  ceased
accepting waste.
    Except for those facilities owned or operated by sanitary
districts  organized under the Metropolitan Water Reclamation
District Act, and except for new pollution control facilities
governed by Section 39.2, and except for fossil  fuel  mining
facilities, the granting of a permit under this Act shall not
relieve the applicant from meeting and securing all necessary
zoning  approvals  from  the unit of government having zoning
jurisdiction over the proposed facility.
    Before beginning construction on any new sewage treatment
plant or sludge drying site to be  owned  or  operated  by  a
sanitary  district  organized  under  the  Metropolitan Water
Reclamation District Act  for which a new permit (rather than
the renewal or amendment of an existing permit) is  required,
such sanitary district shall hold a public hearing within the
municipality  within  which  the  proposed  facility is to be
located, or within the  nearest  community  if  the  proposed
facility  is  to be located within an unincorporated area, at
which information concerning the proposed facility  shall  be
made available to the public, and members of the public shall
be  given  the  opportunity to express their views concerning
the proposed facility.
    The Agency may issue  a  permit  for  a  municipal  waste
transfer  station  without  requiring  approval  pursuant  to
Section  39.2  provided  that  the following demonstration is
made:
         (1)  the municipal waste  transfer  station  was  in
    existence  on  or  before  January  1,  1979  and  was in
    continuous operation from January 1, 1979 to  January  1,
    1993;
         (2)  the  operator submitted a permit application to
    the Agency to develop and  operate  the  municipal  waste
    transfer station during April of 1994;
         (3)  the  operator  can  demonstrate that the county
    board of the county,  if  the  municipal  waste  transfer
    station  is  in  an unincorporated area, or the governing
    body of  the  municipality,  if  the  station  is  in  an
    incorporated  area,  does not object to resumption of the
    operation of the station; and
         (4)  the site has local zoning approval.
    (d)  The Agency may issue RCRA permits exclusively  under
this subsection to persons owning or operating a facility for
the  treatment,  storage,  or  disposal of hazardous waste as
defined under this Act.
    All  RCRA  permits  shall   contain   those   terms   and
conditions,   including  but  not  limited  to  schedules  of
compliance, which may be required to accomplish the  purposes
and  provisions  of  this  Act.  The Agency may include among
such conditions standards and other requirements  established
under  this Act, Board regulations, the Resource Conservation
and Recovery Act of  1976  (P.L.  94-580),  as  amended,  and
regulations  pursuant  thereto, and may include schedules for
achieving compliance therewith  as  soon  as  possible.   The
Agency  shall  require  that  a  performance  bond  or  other
security  be  provided  as  a condition for the issuance of a
RCRA permit.
    In the case of a permit to operate a hazardous  waste  or
PCB  incinerator  as defined in subsection (k) of Section 44,
the Agency shall require, as a condition of the permit,  that
the  operator  of  the  facility perform such analyses of the
waste to be incinerated as may be necessary  and  appropriate
to ensure the safe operation of the incinerator.
    The Agency shall adopt filing requirements and procedures
which  are necessary and appropriate for the issuance of RCRA
permits, and which are consistent with the Act or regulations
adopted by the Board, and with the Resource Conservation  and
Recovery   Act   of  1976  (P.L.  94-580),  as  amended,  and
regulations pursuant thereto.
    The applicant shall make  available  to  the  public  for
inspection  all  documents  submitted by the applicant to the
Agency in furtherance of an application, with  the  exception
of  trade  secrets,  at  the  office  of  the county board or
governing body of the municipality.  Such  documents  may  be
copied upon payment of the actual cost of reproduction during
regular business hours of the local office.  The Agency shall
issue a written statement concurrent with its grant or denial
of the permit explaining the basis for its decision.
    (e)  The  Agency  may issue UIC permits exclusively under
this subsection to persons owning or operating a facility for
the underground injection of contaminants  as  defined  under
this Act.
    All UIC permits shall contain those terms and conditions,
including  but  not limited to schedules of compliance, which
may be required to accomplish the purposes and provisions  of
this  Act.  The  Agency  may  include  among  such conditions
standards and other requirements established under this  Act,
Board regulations, the Safe Drinking Water Act (P.L. 93-523),
as amended, and regulations pursuant thereto, and may include
schedules  for  achieving  compliance  therewith.  The Agency
shall require that a performance bond or  other  security  be
provided as a condition for the issuance of a UIC permit.
    The Agency shall adopt filing requirements and procedures
which  are  necessary and appropriate for the issuance of UIC
permits, and which are consistent with the Act or regulations
adopted by the Board, and with the Safe  Drinking  Water  Act
(P.L. 93-523), as amended, and regulations pursuant thereto.
    The  applicant  shall  make  available  to the public for
inspection, all documents submitted by the applicant  to  the
Agency  in  furtherance of an application, with the exception
of trade secrets, at  the  office  of  the  county  board  or
governing  body  of  the municipality.  Such documents may be
copied upon payment of the actual cost of reproduction during
regular business hours of the local office.  The Agency shall
issue a written statement concurrent with its grant or denial
of the permit explaining the basis for its decision.
    (f)  In making any determination pursuant to Section  9.1
of this Act:
         (1)  The  Agency  shall  have  authority to make the
    determination of any question required to  be  determined
    by  the  Clean Air Act, as now or hereafter amended, this
    Act, or the  regulations  of  the  Board,  including  the
    determination  of  the  Lowest  Achievable Emission Rate,
    Maximum Achievable Control Technology, or Best  Available
    Control   Technology,   consistent   with   the   Board's
    regulations, if any.
         (2)  The  Agency  shall,  after  conferring with the
    applicant, give written notice to the  applicant  of  its
    proposed  decision on the application including the terms
    and conditions of the permit to be issued and the  facts,
    conduct or other basis upon which the Agency will rely to
    support its proposed action.
         (3)  Following  such  notice,  the Agency shall give
    the applicant an opportunity for a hearing in  accordance
    with  the  provisions  of Sections 10-25 through 10-60 of
    the Illinois Administrative Procedure Act.
    (g)  The Agency shall  include  as  conditions  upon  all
permits  issued  for  hazardous  waste  disposal  sites  such
restrictions  upon  the  future  use  of  such  sites  as are
reasonably  necessary  to  protect  public  health  and   the
environment,  including  permanent  prohibition of the use of
such sites for purposes which may create an unreasonable risk
of injury to human  health  or  to  the  environment.   After
administrative  and  judicial challenges to such restrictions
have been exhausted, the Agency shall file such  restrictions
of  record  in  the  Office  of the Recorder of the county in
which the hazardous waste disposal site is located.
    (h)  A hazardous waste stream may not be deposited  in  a
permitted  hazardous waste site unless specific authorization
is obtained from the Agency by  the  generator  and  disposal
site  owner  and  operator  for  the deposit of that specific
hazardous  waste  stream.   The  Agency  may  grant  specific
authorization for disposal of hazardous  waste  streams  only
after   the   generator  has  reasonably  demonstrated  that,
considering   technological    feasibility    and    economic
reasonableness,  the  hazardous  waste  cannot  be reasonably
recycled for reuse, nor incinerated or chemically, physically
or biologically treated so as  to  neutralize  the  hazardous
waste  and render it nonhazardous.  In granting authorization
under this Section, the Agency may impose such conditions  as
may  be  necessary  to accomplish the purposes of the Act and
are consistent with this Act and regulations  promulgated  by
the   Board  hereunder.   If  the  Agency  refuses  to  grant
authorization under this Section, the applicant may appeal as
if the Agency refused to grant  a  permit,  pursuant  to  the
provisions  of subsection (a) of Section 40 of this Act.  For
purposes of this subsection (h), the term "generator" has the
meaning given in Section 3.205 of this Act, unless:  (1)  the
hazardous   waste   is  treated,  incinerated,  or  partially
recycled for reuse prior to disposal, in which case the  last
person  who  treats,  incinerates,  or partially recycles the
hazardous waste prior to disposal is the  generator;  or  (2)
the  hazardous waste is from a response action, in which case
the person performing the response action is  the  generator.
This  subsection  (h)  does  not apply to any hazardous waste
that is restricted from land disposal under 35 Ill. Adm. Code
728.
    (i)  Before issuing any RCRA permit or any permit  for  a
waste  storage  site, sanitary landfill, waste disposal site,
waste  transfer  station,  waste  treatment  facility,  waste
incinerator,  or  any  waste-transportation  operation,   the
Agency shall conduct an evaluation of the prospective owner's
or   operator's   prior   experience   in   waste  management
operations.  The  Agency  may  deny  such  a  permit  if  the
prospective  owner  or operator or any employee or officer of
the prospective owner or operator has a history of:
         (1)  repeated violations of federal, State, or local
    laws,  regulations,  standards,  or  ordinances  in   the
    operation of waste management facilities or sites; or
         (2)  conviction  in  this  or  another  State of any
    crime which is a felony under the laws of this State,  or
    conviction of a felony in a federal court; or
         (3)  proof  of gross carelessness or incompetence in
    handling, storing, processing, transporting or  disposing
    of waste.
    (j)  The issuance under this Act of a permit to engage in
the  surface  mining of any resources other than fossil fuels
shall not relieve the permittee from its duty to comply  with
any   applicable   local  law  regulating  the  commencement,
location or operation of surface mining facilities.
    (k)  A development permit issued under subsection (a)  of
Section 39 for any facility or site which is required to have
a  permit  under subsection (d) of Section 21 shall expire at
the end of 2 calendar years from the date upon which  it  was
issued,  unless  within  that  period the applicant has taken
action to develop the facility or the site. In the event that
review of the conditions of the development permit is  sought
pursuant  to Section 40 or 41, or permittee is prevented from
commencing development of the facility or site by  any  other
litigation  beyond  the  permittee's  control,  such two-year
period shall be deemed to begin on the date upon  which  such
review  process or litigation is concluded.
    (l)  No  permit  shall be issued by the Agency under this
Act for construction or operation of  any  facility  or  site
located within the boundaries of any setback zone established
pursuant to this Act, where such construction or operation is
prohibited.
    (m)  The  Agency  may  issue permits to persons owning or
operating a  facility  for  composting  landscape  waste.  In
granting  such permits, the Agency may impose such conditions
as may be necessary to accomplish the purposes of  this  Act,
and  as  are  not  inconsistent  with  applicable regulations
promulgated by the Board.  Except as  otherwise  provided  in
this Act, a bond or other security shall not be required as a
condition for the issuance of a permit.  If the Agency denies
any  permit  pursuant  to  this  subsection, the Agency shall
transmit to the applicant within the time limitations of this
subsection specific, detailed statements as  to  the  reasons
the  permit  application  was  denied.  Such statements shall
include but not be limited to the following:
         (1)  the Sections of this Act that may  be  violated
    if the permit were granted;
         (2)  the  specific  regulations promulgated pursuant
    to this Act that may  be  violated  if  the  permit  were
    granted;
         (3)  the  specific  information,  if any, the Agency
    deems the applicant did not provide in its application to
    the Agency; and
         (4)  a statement of specific reasons why the Act and
    the regulations might be  violated  if  the  permit  were
    granted.
    If  no final action is taken by the Agency within 90 days
after the filing of the application for permit, the applicant
may deem the permit issued. Any applicant for  a  permit  may
waive  the  90  day  limitation by filing a written statement
with the Agency.
    The Agency shall issue permits for such  facilities  upon
receipt  of  an application that includes a legal description
of the site, a topographic map of the site drawn to the scale
of 200 feet to the inch  or  larger,  a  description  of  the
operation,  including  the  area  served,  an estimate of the
volume of materials to be processed, and documentation that:
         (1)  the facility includes a setback of at least 200
    feet from the nearest potable water supply well;
         (2)  the facility is located outside the boundary of
    the 10-year floodplain or the site will be floodproofed;
         (3)  the facility  is  located  so  as  to  minimize
    incompatibility  with  the  character  of the surrounding
    area, including at least a  200  foot  setback  from  any
    residence,  and  in  the  case  of  a  facility  that  is
    developed  or  the  permitted composting area of which is
    expanded after November 17, 1991, the composting area  is
    located  at  least  1/8  mile  from the nearest residence
    (other than a residence located on the same  property  as
    the facility);
         (4)  the  design  of  the  facility will prevent any
    compost material from being placed within 5 feet  of  the
    water  table,  will  adequately  control  runoff from the
    site, and will collect and manage any  leachate  that  is
    generated on the site;
         (5)  the  operation  of  the  facility  will include
    appropriate dust and odor control  measures,  limitations
    on  operating  hours,  appropriate noise control measures
    for shredding, chipping and similar equipment, management
    procedures for composting, containment  and  disposal  of
    non-compostable   wastes,   procedures  to  be  used  for
    terminating operations at  the  site,  and  recordkeeping
    sufficient  to document the amount of materials received,
    composted and otherwise disposed of; and
         (6)  the operation will be conducted  in  accordance
    with any applicable rules adopted by the Board.
    The  Agency  shall  issue renewable permits of not longer
than 10 years in duration for  the  composting  of  landscape
wastes, as defined in Section 3.155 of this Act, based on the
above requirements.
    The   operator  of  any  facility  permitted  under  this
subsection (m) must submit a written annual statement to  the
Agency  on  or  before  April 1 of each year that includes an
estimate of the amount of material,  in  tons,  received  for
composting.
    (n)  The  Agency  shall  issue  permits  jointly with the
Department of Transportation for the dredging or  deposit  of
material  in  Lake  Michigan in accordance with Section 18 of
the Rivers, Lakes, and Streams Act.
    (o)  (Blank.)
    (p) (1)  Any  person  submitting  an  application  for  a
permit for a new MSWLF unit or for a lateral expansion  under
subsection  (t)  of  Section  21  of this Act for an existing
MSWLF unit that has not received and is not subject to  local
siting  approval under Section 39.2 of this Act shall publish
notice  of  the  application  in  a  newspaper   of   general
circulation  in  the  county in which the MSWLF unit is or is
proposed to be located.  The  notice  must  be  published  at
least  15 days before submission of the permit application to
the Agency.  The notice shall state the name and  address  of
the  applicant,  the  location  of the MSWLF unit or proposed
MSWLF unit, the nature and size of the MSWLF unit or proposed
MSWLF unit, the nature of the activity proposed, the probable
life  of  the  proposed  activity,  the   date   the   permit
application  will  be submitted, and a statement that persons
may file written comments  with  the  Agency  concerning  the
permit  application  within  30  days after the filing of the
permit application unless the time period to submit  comments
is extended by the Agency.
    When a permit applicant submits information to the Agency
to  supplement  a  permit  application  being reviewed by the
Agency, the applicant shall not be required  to  reissue  the
notice under this subsection.
    (2)  The  Agency shall accept written comments concerning
the permit application that are postmarked no later  than  30
days  after  the filing of the permit application, unless the
time period to accept comments is extended by the Agency.
    (3)  Each applicant for a permit described in part (1) of
this subsection shall file a copy of the  permit  application
with  the  county board or governing body of the municipality
in which the MSWLF unit is or is proposed to  be  located  at
the  same  time  the  application is submitted to the Agency.
The  permit  application  filed  with  the  county  board  or
governing  body  of  the  municipality  shall   include   all
documents  submitted  to  or  to  be submitted to the Agency,
except trade secrets as determined under Section 7.1 of  this
Act.  The permit application and other documents on file with
the  county board or governing body of the municipality shall
be  made  available  for  public  inspection  during  regular
business hours at the office  of  the  county  board  or  the
governing  body  of  the  municipality and may be copied upon
payment of the actual cost of reproduction.
(Source: P.A. 92-574, eff. 6-26-02.)

    (415 ILCS 5/42) (from Ch. 111 1/2, par. 1042)
    Sec. 42. Civil penalties.
    (a)  Except as provided in this Section, any person  that
violates  any provision of this Act or any regulation adopted
by the Board, or any permit or term or condition thereof,  or
that  violates  any  determination  or  order  of  the  Board
pursuant  to  this Act, shall be liable to a civil penalty of
not to exceed $50,000 for the  violation  and  an  additional
civil  penalty  of  not to exceed $10,000 for each day during
which the violation continues; such penalties may, upon order
of the Board or a court of competent  jurisdiction,  be  made
payable  to  the  Environmental  Protection Trust Fund, to be
used in accordance with the provisions of  the  Environmental
Protection Trust Fund Act.
    (b)  Notwithstanding  the provisions of subsection (a) of
this Section:
         (1)  Any person that violates Section 12(f) of  this
    Act  or any NPDES permit or term or condition thereof, or
    any filing requirement, regulation or order  relating  to
    the  NPDES  permit  program,  shall  be liable to a civil
    penalty of not to exceed $10,000 per day of violation.
         (2)  Any person that violates Section 12(g) of  this
    Act  or  any  UIC permit or term or condition thereof, or
    any filing requirement, regulation or order  relating  to
    the  State  UIC  program  for  all wells, except Class II
    wells as defined by the Board under this  Act,  shall  be
    liable to a civil penalty not to exceed $2,500 per day of
    violation; provided, however, that any person who commits
    such  violations  relating  to  the State UIC program for
    Class II wells, as defined by the Board under  this  Act,
    shall  be  liable  to  a  civil  penalty of not to exceed
    $10,000 for the violation and an additional civil penalty
    of not to exceed $1,000 for each  day  during  which  the
    violation continues.
         (3)  Any person that violates Sections 21(f), 21(g),
    21(h) or 21(i) of this Act, or any RCRA permit or term or
    condition  thereof, or any filing requirement, regulation
    or order relating to the State  RCRA  program,  shall  be
    liable  to  a  civil penalty of not to exceed $25,000 per
    day of violation.
         (4)  In  an  administrative  citation  action  under
    Section 31.1 of  this  Act,  any  person  found  to  have
    violated any provision of subsection (o) of Section 21 of
    this  Act  shall  pay  a  civil  penalty of $500 for each
    violation of each such provision, plus any hearing  costs
    incurred  by  the  Board  and the Agency.  Such penalties
    shall be made payable  to  the  Environmental  Protection
    Trust  Fund, to be used in accordance with the provisions
    of the Environmental Protection Trust  Fund  Act;  except
    that   if   a   unit   of  local  government  issued  the
    administrative citation, 50% of the civil  penalty  shall
    be payable to the unit of local government.
         (4-5)  In  an  administrative  citation action under
    Section 31.1 of  this  Act,  any  person  found  to  have
    violated any provision of subsection (p) of Section 21 of
    this  Act shall pay a civil penalty of $1,500 for a first
    offense and $3,000 for a second  or  subsequent  offense,
    plus  any  hearing  costs  incurred  by the Board and the
    Agency.   The  penalties  shall  be  deposited  into  the
    Environmental  Protection  Trust  Fund,  to  be  used  in
    accordance  with  the  provisions  of  the  Environmental
    Protection Trust Fund Act; except that if a unit of local
    government issued the administrative citation, 50% of the
    civil penalty shall be  payable  to  the  unit  of  local
    government.
         (5)  Any person who violates subsection 6 of Section
    39.5  of  this  Act  or  any  CAAPP  permit,  or  term or
    condition thereof, or any fee or filing  requirement,  or
    any  duty  to  allow  or  carry  out inspection, entry or
    monitoring  activities,  or  any  regulation   or   order
    relating to the CAAPP shall be liable for a civil penalty
    not to exceed $10,000 per day of violation.
    (b.5)  In  lieu of the penalties set forth in subsections
(a) and (b) of this Section, any person who fails to file, in
a timely manner, toxic chemical release forms with the Agency
pursuant to Section 25b-2 of this Act shall be liable  for  a
civil  penalty  of  $100  per  day for each day the forms are
late, not to exceed a maximum total penalty of  $6,000.  This
daily  penalty  shall  begin accruing on the thirty-first day
after the date that the person receives  the  warning  notice
issued  by  the Agency pursuant to Section 25b-6 of this Act;
and the penalty shall  be  paid  to  the  Agency.  The  daily
accrual  of  penalties  shall  cease  as  of January 1 of the
following  year.  All  penalties  collected  by  the   Agency
pursuant  to  this  subsection  shall  be  deposited into the
Environmental Protection Permit and Inspection Fund.
    (c)  Any person that violates this Act, or  an  order  or
other  determination  of  the Board under this Act and causes
the death of fish or aquatic life shall, in addition  to  the
other penalties provided by this Act, be liable to pay to the
State  an additional sum for the reasonable value of the fish
or aquatic life destroyed. Any money so  recovered  shall  be
placed in the Wildlife and Fish Fund in the State Treasury.
    (d)  The  penalties  provided  for in this Section may be
recovered in a civil action.
    (e)  The State's Attorney of  the  county  in  which  the
violation  occurred,  or  the  Attorney  General, may, at the
request of the Agency or on his own motion, institute a civil
action for an injunction to restrain violations of this Act.
    (f)  The State's Attorney of  the  county  in  which  the
violation occurred, or the Attorney General, shall bring such
actions  in  the name of the people of the State of Illinois.
Without limiting any other authority which may exist for  the
awarding  of  attorney's fees and costs, the Board or a court
of competent jurisdiction  may  award  costs  and  reasonable
attorney's  fees,  including  the  reasonable costs of expert
witnesses and consultants, to the  State's  Attorney  or  the
Attorney  General  in a case where he has prevailed against a
person who  has  committed  a  wilful,  knowing  or  repeated
violation of the Act.
    Any  funds  collected  under this subsection (f) in which
the Attorney General has prevailed shall be deposited in  the
Hazardous Waste Fund created in Section 22.2 of this Act. Any
funds  collected under this subsection (f) in which a State's
Attorney has prevailed shall be retained  by  the  county  in
which he serves.
    (g)  All  final  orders imposing civil penalties pursuant
to this Section shall prescribe the time for payment of  such
penalties.   If  any such penalty is not paid within the time
prescribed, interest on such penalty at the rate set forth in
subsection (a) of Section 1003 of  the  Illinois  Income  Tax
Act,  shall  be  paid for the period from the date payment is
due until the date payment is received.  However, if the time
for payment is stayed  during  the  pendency  of  an  appeal,
interest shall not accrue during such stay.
    (h)  In  determining  the appropriate civil penalty to be
imposed  under subdivisions  (a), (b)(1), (b)(2),  (b)(3), or
(b)(5) of this Section, the Board is authorized  to  consider
any  matters  of  record  in  mitigation  or  aggravation  of
penalty, including but not limited to the following factors:
         (1)  the duration and gravity of the violation;
         (2)  the presence or absence of due diligence on the
    part  of  the respondent violator in attempting to comply
    with requirements of this Act and regulations  thereunder
    or to secure relief therefrom as provided by this Act;
         (3)  any economic benefits accrued by the respondent
    violator    because   of   delay   in   compliance   with
    requirements, in which case the economic  benefits  shall
    be   determined   by  the  lowest  cost  alternative  for
    achieving compliance;
         (4)  the amount of monetary penalty which will serve
    to deter further violations by  the  respondent  violator
    and  to  otherwise  aid in enhancing voluntary compliance
    with this  Act  by  the  respondent  violator  and  other
    persons similarly subject to the Act; and
         (5)  the  number,  proximity in time, and gravity of
    previously adjudicated violations  of  this  Act  by  the
    respondent; violator.
         (6)  whether      the     respondent     voluntarily
    self-disclosed, in accordance with subsection (i) of this
    Section, the non-compliance to the Agency; and
         (7)  whether the respondent has agreed to  undertake
    a  "supplemental  environmental  project," which means an
    environmentally  beneficial  project  that  a  respondent
    agrees to  undertake  in  settlement  of  an  enforcement
    action  brought  under this Act, but which the respondent
    is not otherwise legally required to perform.
    In  determining  the  appropriate  civil  penalty  to  be
imposed under subsection (a) or paragraph (1), (2),  (3),  or
(5)  of  subsection  (b)  of  this  Section,  the Board shall
ensure, in all cases, that the penalty is at least  as  great
as  the  economic benefits, if any, accrued by the respondent
as a result of the violation, unless  the  Board  finds  that
imposition  of  such  penalty would result in an arbitrary or
unreasonable financial hardship. However, such civil  penalty
may be off-set in whole or in part pursuant to a supplemental
environmental  project  agreed  to by the complainant and the
respondent.
    (i)  A    person    who    voluntarily     self-discloses
non-compliance  to  the  Agency, of which the Agency had been
unaware, is entitled to a 100% reduction in  the  portion  of
the  penalty  that  is  not  based on the economic benefit of
non-compliance if the person can establish the following:
         (1)  that the non-compliance was discovered  through
    an  environmental  audit,  as  defined in Section 52.2 of
    this Act, and the person waives the  environmental  audit
    privileges  as  provided  in that Section with respect to
    that non-compliance;
         (2)  that  the  non-compliance  was   disclosed   in
    writing  within  30  days of the date on which the person
    discovered it;
         (3)  that  the  non-compliance  was  discovered  and
    disclosed prior to:
              (i)  the commencement of an Agency  inspection,
         investigation, or request for information;
              (ii)  notice of a citizen suit;
              (iii)  the  filing of a complaint by a citizen,
         the  Illinois  Attorney  General,  or  the   State's
         Attorney  of  the  county  in  which  the  violation
         occurred;
              (iv)  the reporting of the non-compliance by an
         employee   of   the  person  without  that  person's
         knowledge; or
              (v)  imminent discovery of  the  non-compliance
         by the Agency;
         (4)  that  the non-compliance is being corrected and
    any environmental harm is being remediated  in  a  timely
    fashion;
         (5)  that  the person agrees to prevent a recurrence
    of the non-compliance;
         (6)  that  no  related  non-compliance  events  have
    occurred in the past 3 years at the same facility  or  in
    the  past  5  years  as  part  of  a  pattern at multiple
    facilities owned or operated by the person;
         (7)  that  the  non-compliance  did  not  result  in
    serious  actual  harm  or   present   an   imminent   and
    substantial   endangerment   to   human   health  or  the
    environment or violate the specific terms of any judicial
    or administrative order or consent agreement;
         (8)  that  the  person  cooperates   as   reasonably
    requested by the Agency after the disclosure; and
         (9)  that    the   non-compliance   was   identified
    voluntarily and not through a  monitoring,  sampling,  or
    auditing  procedure  that  is  required by statute, rule,
    permit, judicial  or  administrative  order,  or  consent
    agreement.
    If  a person can establish all of the elements under this
subsection except the element set forth in paragraph  (1)  of
this subsection, the person is entitled to a 75% reduction in
the  portion  of  the  penalty  that  is  not  based upon the
economic benefit of non-compliance.
(Source: P.A. 90-773, eff. 8-14-98; 91-82, eff. 1-1-00.)

Effective Date: 1/1/2004