Bill Amendment: IL HB2767 | 2021-2022 | 102nd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

---

Bill Title: EPA-ENVIRONMENTAL JUSTICE

Status: 2022-03-08 - Added Co-Sponsor Rep. Sam Yingling [HB2767 Detail]

Download: Illinois-2021-HB2767-House_Amendment_001.html

---

Rep. Theresa Mah

Filed: 2/15/2022

10200HB2767ham001 LRB102 12787 CPF 36234 a
AMENDMENT TO HOUSE BILL 2767
AMENDMENT NO. ______. Amend House Bill 2767 by replacing
everything after the enacting clause with the following:
"Section 5. The Environmental Protection Act is amended by
adding Section 3.141-5 and by changing Section 42 as follows:
(415 ILCS 5/3.141-5 new)
Sec. 3.141-5. Power plant demolition transparency and air
protection.
(a) As used in this Section:
"Air quality plan" means the air quality plan established
under subsection (j).
"Demolition" means any of the following activities
conducted in relation to a thermal power plant:
(1) The demolition of a smokestack.
(2) The demolition of an entire building or structure.
(3) The demolition of substantially all of the

10200HB2767ham001 - 2 - LRB102 12787 CPF 36234 a
above-grade portion of a building or structure.
(4) The alteration of an existing building to
permanently reduce its building area via demolition.
"Dust mitigation plan" means the dust mitigation plan
required to be included in the air quality plan.
"Fugitive dust" means fugitive particulate matter or any
particulate matter emitted into the atmosphere other than
through a stack, provided that nothing in this definition
shall exempt any emission unit from compliance with any
provision of 35 Ill. Adm. Code 212 otherwise applicable merely
because of the absence of a stack.
"Implosion" means the use of explosives for the demolition
of buildings or other structures.
"Owner or operator" means the owner or operator of a
thermal power plant and includes agents, representatives, and
any persons acting on behalf of an owner or operator of the
thermal power plant.
"Particulate emission potential" means the potential for
particulates from existing soils at the site to be dispersed
by wind or by physical disturbance as determined using the
procedures described in subparagraph (C) of paragraph (3) of
subsection (j).
"Recognized environmental condition" means the presence or
likely presence of any hazardous substance or petroleum
product on a property under conditions that indicate an
existing release, a past release, or a material threat of a

10200HB2767ham001 - 3 - LRB102 12787 CPF 36234 a
release of any hazardous substance or petroleum product into a
structure on the property or into the ground, ground water, or
surface water of the property.
"Sensitive area" means any residentially-zoned or
mixed-used property with residential use, a park, a hospital,
a clinic, a church, a day-care, or a school.
"Site" means real property containing a building or
structure to be demolished, and all structures, equipment, and
ancillary fixtures thereon, used in or to support the
demolition. "Site" includes, but is not limited to,
structures, buildings, scales, roadways, parking areas,
queuing areas, fences, processing equipment, processing areas,
staging or stockpiling areas, and monitoring stations.
"Site cleanup plan" means the site cleanup plan required
in paragraph (5) of subsection (j).
"Thermal power plant" or "plant" means a facility that
currently produces or has ever produced electricity using a
thermal generation technology. "Thermal power plant" or
"plant" includes, at a minimum, generation facilities creating
power using coal, gas, or nuclear fuel as inputs. "Thermal
power plant" or "plant" does not include buildings that are
exclusively administrative or exclusively office buildings.
(b) Before an owner or operator may initiate demolition of
a thermal power plant via implosion, the owner or operator
must satisfy the notification requirements under subsection
(c) and obtain an Agency-approved air quality plan as

10200HB2767ham001 - 4 - LRB102 12787 CPF 36234 a
specified under subsection (j).
(c) Before an owner or operator may initiate demolition of
a thermal power plant via implosion, the owner or operator
must notify the public at least 60 days before the anticipated
date of the implosion. Notification must be conducted through
all of the following activities:
(1) Posting notices in both physical and online form
in a newspaper of general circulation within 25 miles of
where the thermal power plant is located. Where a
newspaper is unavailable, the owner or operator may use
appropriate broadcast media such as radio or television.
(2) Mailing or hand-delivering notices to the Agency
and all residents within at least a one-mile radius from
the property line of the thermal power plant site; the
radius requirement is subject to the discretion of the
Agency and may be extended dependent on site-specific
characteristics including, but not limited to, surrounding
area population density, method of demolition, and
pollution constituents associated with the demolition
site.
(3) Posting the notices on-site and in conspicuous
public locations, such as grocery stores, public
libraries, schools, municipal buildings, and pharmacies.
(4) Establishing and posting on a publicly accessible
website that can be visited without providing login
credentials and that functions as a repository, all

10200HB2767ham001 - 5 - LRB102 12787 CPF 36234 a
demolition-related communications, notices, and documents
as specified in subsection (e).
(5) Creating and sending alerts to phone, email, and
text lists to announce the public meeting and specific
demolition dates.
(6) Requesting that the Agency email the notices to
the Agency's listserv, created under paragraph (7), for
the plant.
(7) For each plant subject to this Act, the Agency
must create and maintain a listserv. Each listserv must
include the email addresses of all interested persons who
notify the Agency in writing, either directly through the
Agency or indirectly through the owner or operator, of the
person's respective email addresses and that the person
would like to receive emails of notices concerning the
plant.
(d) The notice required under subsection (c) must include
the following information:
(1) The owner or operator's contact information, as
well as the business name of each company that will be
performing the demolition in whole or in part.
(2) The date and time of the scheduled demolition.
(3) The portion of the plant that is set for
demolition.
(4) The amount of demolition debris anticipated,
expressed in terms of both weight and volume and

10200HB2767ham001 - 6 - LRB102 12787 CPF 36234 a
categorized according to waste stream if multiple waste
streams will result from the demolition, how and where it
will be transported, and how and where it will ultimately
be disposed of or otherwise repurposed.
(5) The date, time, and location of the public meeting
required under subsection (g), along with a reference to
the statute requiring the public meeting.
(6) The address of the publicly accessible website.
(7) Instructions for how to join phone, email, or text
lists required under paragraph (5) of subsection (c) for
future notices, public meetings, and specific demolition
dates.
(e) The information posted to the website must be made
available to the public on the website until 3 years after the
demolition ends. The content of the notice shall be available
on the home page of the website and the following information
must be available through the publicly accessible website:
(1) A copy of the notice with identical content.
(2) The draft air quality plan and all documentation
relied upon in making the air quality plan as described in
subsection (j).
(3) The date, time, and location of the public meeting
required under subsection (g), along with a reference to
the statute requiring the public meeting.
(4) A description of potential demolition impacts,
including, but not limited to, a list of potential

10200HB2767ham001 - 7 - LRB102 12787 CPF 36234 a
contaminants in the demolition debris, broken down by
major waste stream if applicable, dates, hours, and
decibels of noise anticipated, and dates and hours of road
closures anticipated.
(5) Information on any applicable permits issued to
the plant in relation to the demolition, including
county-issued or municipality-issued permits, with express
instructions explaining how to access a copy of each
permit, or a copy of each of the permits, if available.
(6) Whether there are any unlined CCR surface
impoundments, as defined in Section 3.143, at or nearby
the plant or public water sources or private wells within
2,500 feet of the plant.
(7) A detailed description of the preventative
measures that will be implemented by the owner or operator
to control, mitigate, or prevent from occurring any air,
soil, or water pollution during the demolition.
(8) When a proposed demolition is located in a
community with 10% or more non-English speaking residents,
non-English versions of all of the above reflecting local
language prevalence.
(f) The owner or operator shall submit proof of
notification to the Agency. No earlier than one week and no
less than 72 hours before the originally scheduled demolition,
the owner or operator must advise the phone, email, and text
lists required under paragraph (5) of subsection (c) of the

10200HB2767ham001 - 8 - LRB102 12787 CPF 36234 a
upcoming demolition.
If there is a change to the date and time of a scheduled
demolition, the owner or operator must update the
publicly-accessible website required under paragraph (4) of
subsection (c) and advise the phone, email, and text lists
required under paragraph (5) of subsection (c) that the date
is changing within 24 hours of the schedule change and also
notice of a new planned date at least 16 hours prior to the new
demolition date.
(g) At least 30 days after providing notice pursuant to
this Section, an owner or operator must hold at least one
public meeting within the municipality in which the site is
located to discuss the proposed demolition, subject to the
following rules:
(1) The public meeting must be not more than 5 miles
from the site unless a suitable venue is not available
within that distance.
(2) The public meeting must begin after 5:00 p.m. and
be located at a venue that is accessible to persons with
disabilities.
(3) The owner or operator must provide reasonable
accommodations, as defined in paragraph (9) of Section
12111 of the federal Americans with Disabilities Act of
1990, 42 U.S.C. 12111(9), upon request.
(h) When a proposed demolition is located in a community
with 10% or more non-English speaking residents, the owner or

10200HB2767ham001 - 9 - LRB102 12787 CPF 36234 a
operator must provide translation services during the public
meeting required by this Section, if requested at least 72
hours in advance of the public meeting.
(i) At the public meeting, the owner or operator must
comply with the following:
(1) Present the schedule and process for the
demolition, which must cover the noise, air quality,
environmental, public health, and any other community
impacts, such as road closures, expected from the
demolition, as well as a summary of the air quality plan,
including control equipment and best management practices
that will be used to reduce fugitive dust.
(2) Include a question and answer portion of the
meeting to allow the public to ask questions.
(3) Include a public comment portion of the meeting to
allow the public to offer comments.
(4) Ensure the presence of representatives from the
owner or operator or the company that will be performing
the demolition in whole or in part. The representative
must be qualified and knowledgeable enough to answer the
questions posed by the public.
(5) The owner and operator shall engage a certified
court reporter to be present at the public meeting and
transcribe the entirety of the public meeting, including,
but not limited to, all statements made by the owner or
operator and all public comments offered at the public

10200HB2767ham001 - 10 - LRB102 12787 CPF 36234 a
meeting.
(6) The owner or operator shall make the transcript of
the public meeting available on the owner or operator's
publicly accessible website no later than 14 days after
the public meeting.
(7) The owner or operator shall create a summary of
the public meeting, including issues raised by the public,
and respond to all questions in writing no later than 14
days after the meeting. The owner or operator shall post
the summary and responses to the owner's or operator's
publicly accessible website and advise the phone, email,
and text lists when the documentation is available.
(8) The public meeting shall be live-streamed in order
to allow the public to watch and meaningfully participate
in the meeting. The meeting shall also be recorded. The
recording shall be made available on the owner's or
operator's publicly accessible website.
(j) Before an owner or operator may initiate demolition of
a thermal power plant via implosion, the owner or operator
must establish an air quality plan that is approved by the
Agency. The owner or operator shall comply with the provisions
of the approved air quality plan.
The air quality plan, the transcript of the public meeting
required under subsection (g), and the public meeting summary
described in paragraph (7) of subsection (i) shall be
submitted to the Agency no more than 45 days after the public

10200HB2767ham001 - 11 - LRB102 12787 CPF 36234 a
meeting required under subsection (g).
The air quality plan shall include, but is not limited to,
the following:
(1) An air dispersion modeling study using AERMOD. The
study shall simulate dust propagation generated from the
implosion under varying wind speeds, wind directions, and
weather stability classes, such as unstable, neutral, and
stable. The model shall calculate the concentrations of
PM10 in the dust plume generated from the impact of the
collapsed building or structure with the ground. Its
results shall inform the placement of air monitors, as
well as the dust mitigation plan and the site cleanup
plan, and traffic management plans and the siting of
protection and exclusion zones on-site and off-site. The
AERMOD model shall produce the following outputs
superimposed over aerial or satellite imagery:
(A) PM10 concentration contours.
(B) PM10 concentration versus time at the source,
in the surrounding public way, and at sensitive areas
offsite within 1,000 feet of the site.
(C) Maximum PM10 concentrations at the areas
specified above.
(D) Computer generated videos for the estimated
dust cloud propagation and dissipation.
(2) Air monitoring of the air upwind and downwind at
the site, as well the air at sensitive areas within 1,000

10200HB2767ham001 - 12 - LRB102 12787 CPF 36234 a
feet of the site or within the plume modeled under
paragraph (1), whichever distance is greater, for PM10.
The monitoring shall be conducted for at least a 24-hour
duration one week prior to the implosion, during the
implosion, and one week following the implosion, or weekly
until air monitoring confirms that the 24-hour PM10 levels
are back to normal, pre-implosion levels. PM10 levels
shall be considered normal when the measured PM10 levels
are within the historic mean, plus or minus the standard
deviation, within the last 3 years, unless the Agency has
reason to believe that the site is still causing PM10
levels to be elevated. Historic PM10 data shall be based
on data collected by the owner or operator from the
nearest ambient air quality station operated by the Agency
or other data sources approved by the Agency. The air
monitoring shall comply with the following:
(A) All air monitoring data shall be published on
the publicly accessible website within 4 hours after
collecting the data.
(B) In conjunction with the above PM10 monitoring,
air samples shall be collected at all monitored
locations for analysis of: lead using NIOSH Method
7300, 7302, or 7303; asbestos fibers using NIOSH
Method 7400 or 7402; silica using NIOSH Method 7500 or
7602; respirable particulates using NIOSH Method 0600;
and total dust using NIOSH Method 0500. The Agency may

10200HB2767ham001 - 13 - LRB102 12787 CPF 36234 a
approve alternate test methods or require the use of
United States Environmental Protection Agency methods,
depending on site-specific factors. The Agency may
also require the air sampling of any or all hazardous
substances or petroleum products for which there is a
recognized environmental condition that may be emitted
into the air by the implosion. The PM10 monitoring
shall be conducted using instruments designated as
Federal Equivalent Method (FEM) by the United States
Environmental Protection Agency.
(C) The air quality plan shall also include
operation, according to manufacturer's specifications,
of a weather station or other permanent device to
monitor and record wind speed and wind direction,
along with the corresponding temperature, barometric
pressure, and relative humidity at or near the site.
Such readings shall be taken at an unobstructed,
unsheltered area, unimpacted by the implosion, and at
a minimum height of 10 meters above ground level,
unless another height is appropriate pursuant to
applicable United States Environmental Protection
Agency protocols and guidance.
(3) A dust mitigation plan that ensures adequate
precautions and use of best practices to minimize fugitive
dust. The dust mitigation plan shall include, but is not
limited to, the following:

10200HB2767ham001 - 14 - LRB102 12787 CPF 36234 a
(A) The following best practices:
(i) The thorough sweeping of paved surfaces
using a sweeper effective at removing fine
particulates.
(ii) Adequate wetting of all unpaved areas.
The operator shall ensure that surficial soils
within the ground impact area and 50% beyond are
thoroughly saturated up to a depth of 4 inches, or
otherwise treated using methods approved by the
Agency, on the day of and within one hour prior to
the implosion, or within the closest timeframe
allowed by safety protocol.
(iii) Employing misting cannons around the
building or structure or at strategic locations
and elevations determined based on the results of
the air dispersion modeling under paragraph (1).
(iv) Applying water to debris immediately
following blast and safety clearance.
(B) Restricting traffic and operations to paved
areas or stabilized surfaces. Soils exhibiting a high
particulate emission potential shall be fenced off or
otherwise demarcated to prevent disturbance, or shall
be effectively stabilized, removed, or covered if
vehicle traffic or operations will occur over these
areas.
(C) Evaluation of on-site surficial soil for

10200HB2767ham001 - 15 - LRB102 12787 CPF 36234 a
particulate emission potential, which shall be
determined to be high based on its fines content as
percent passing No. 200 sieve and optimum moisture
content as percent by dry weight as follows:
(i) if the fines content is greater than or
equal to 15% and the optimum moisture content is
greater than or equal to 11%, the particulate
emission potential is high; or
(ii) if the fines content is greater than 50%,
the particulate emission potential is high.
The fines content shall be determined using ASTM
D1140-17, or updates thereto, while the optimum
moisture content shall be measured using ASTM D1557 or
AASHTO T180-D, or updates thereto. Alternate methods
may be used with prior written approval from the
Agency. The results of the investigation shall be
depicted on a site map showing the areas of high
particulate emission potential of unpaved surfaces at
the site.
(4) A contingency plan describing the contingency
measures to be implemented if the above control measures
fail to adequately control dust emissions. In addition,
the plan must describe the steps that will be taken to
verify that a dust control measure is working and, upon
discovery of an inadequacy, the steps that will be taken
to initiate a contingency measure.

10200HB2767ham001 - 16 - LRB102 12787 CPF 36234 a
(5) A site cleanup plan to remove dust, debris, and
litter from the surrounding impacted area as expeditiously
and as safely as possible to minimize disruption to the
community. The site cleanup plan shall include, but is not
limited to, the following:
(A) The use of a street sweeper to clean impacted
paved areas. The street sweeper shall be equipped with
a waterless dust suppression system comprised of
vacuum assist and filtration for pickup and mitigation
of potential fugitive fine particulates, and shall be
PM10-certified.
(B) The cleaning of impacted parkways and private
properties, with owner permission.
(C) Inspection protocols that ensure that impacted
areas, including, but not limited to, public roadways
adjacent to residential and public structures and
utility lines, are returned to preimplosion
conditions.
(D) A staffing plan and equipment list necessary
to execute the cleanup.
(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

10200HB2767ham001 - 17 - LRB102 12787 CPF 36234 a
that violates any order of the Board pursuant to this Act,
shall be liable for 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

10200HB2767ham001 - 18 - LRB102 12787 CPF 36234 a
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,
Section 22.38, Section 22.51, Section 22.51a, or
subsection (k) of Section 55 of this Act shall pay a civil
penalty of $1,500 for each violation of each such

10200HB2767ham001 - 19 - LRB102 12787 CPF 36234 a
provision, plus any hearing costs incurred by the Board
and the Agency, except that the civil penalty amount shall
be $3,000 for each violation of any provision of
subsection (p) of Section 21, Section 22.38, Section
22.51, Section 22.51a, or subsection (k) of Section 55
that is the person's second or subsequent adjudication
violation of that provision. 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.
(6) Any owner or operator of a community water system
that violates subsection (b) of Section 18.1 or subsection
(a) of Section 25d-3 of this Act shall, for each day of
violation, be liable for a civil penalty not to exceed $5
for each of the premises connected to the affected
community water system.

10200HB2767ham001 - 20 - LRB102 12787 CPF 36234 a
(7) Any person who violates Section 52.5 of this Act
shall be liable for a civil penalty of up to $1,000 for the
first violation of that Section and a civil penalty of up
to $2,500 for a second or subsequent violation of that
Section.
(8) Any person who engages in demolition of a thermal
power plant via implosion in violation of Section 3.141-5
of this Act shall be liable for a civil penalty of up to
$50,000 for the first violation and up to $250,000 for a
second or subsequent 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, any rule or
regulation adopted under this Act, any permit or term or

10200HB2767ham001 - 21 - LRB102 12787 CPF 36234 a
condition of a permit, or any Board order 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, prohibitory or mandatory, to
restrain violations of this Act, any rule or regulation
adopted under this Act, any permit or term or condition of a
permit, or any Board order, or to require such other actions as
may be necessary to address violations of this Act, any rule or
regulation adopted under this Act, any permit or term or
condition of a permit, or any Board order.
(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

10200HB2767ham001 - 22 - LRB102 12787 CPF 36234 a
Attorney General in a case where he has prevailed against a
person who has committed a willful, knowing, or repeated
violation of this Act, any rule or regulation adopted under
this Act, any permit or term or condition of a permit, or any
Board order.
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),
(b)(5), (b)(6), or (b)(7) 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:

10200HB2767ham001 - 23 - LRB102 12787 CPF 36234 a
(1) the duration and gravity of the violation;
(2) the presence or absence of due diligence on the
part of the respondent 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
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 and to
otherwise aid in enhancing voluntary compliance with this
Act by the respondent and other persons similarly subject
to the Act;
(5) the number, proximity in time, and gravity of
previously adjudicated violations of this Act by the
respondent;
(6) whether the respondent voluntarily self-disclosed,
in accordance with subsection (i) of this Section, the
non-compliance to the Agency;
(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; and

10200HB2767ham001 - 24 - LRB102 12787 CPF 36234 a
(8) whether the respondent has successfully completed
a Compliance Commitment Agreement under subsection (a) of
Section 31 of this Act to remedy the violations that are
the subject of the complaint.
In determining the appropriate civil penalty to be imposed
under subsection (a) or paragraph (1), (2), (3), (5), (6), or
(7) 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 either the regulated entity is a small entity
or the non-compliance was discovered through an
environmental audit or a compliance management system
documented by the regulated entity as reflecting the
regulated entity's due diligence in preventing, detecting,
and correcting violations;

10200HB2767ham001 - 25 - LRB102 12787 CPF 36234 a
(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

10200HB2767ham001 - 26 - LRB102 12787 CPF 36234 a
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.
For the purposes of this subsection (i), "small entity"
has the same meaning as in Section 221 of the federal Small
Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C.
601).
(j) In addition to any other remedy or penalty that may
apply, whether civil or criminal, any person who violates
Section 22.52 of this Act shall be liable for an additional
civil penalty of up to 3 times the gross amount of any
pecuniary gain resulting from the violation.
(k) In addition to any other remedy or penalty that may
apply, whether civil or criminal, any person who violates

10200HB2767ham001 - 27 - LRB102 12787 CPF 36234 a
subdivision (a)(7.6) of Section 31 of this Act shall be liable
for an additional civil penalty of $2,000.
(Source: P.A. 102-310, eff. 8-6-21.)
(415 ILCS 5/3.141 rep.)
Section 10. The Environmental Protection Act is amended by
repealing Section 3.141.
Section 99. Effective date. This Act takes effect upon
becoming law.".