Bill Text: IL SB1357 | 2011-2012 | 97th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Environmental Protection Act. Requires the person complained against, when filing certain responses with the Environmental Protection Agency, to provide the proposed terms for a Compliance Commitment Agreement (CCA) rather than the proposed CCA. Requires the Agency to provide the proposed CCA or a notice that certain violations cannot be resolved without the involvement of the Office of the Attorney General or the State's Attorney of the county in which the alleged violation occurred (now, the party complained against provides the proposed CCA). Authorizes the Agency's proposed CCA to include a proposed administrative penalty of not more than $10,000. Requires the person complained against to accept or reject the proposed CCA within 30 days after receiving it. Provides that if the person complained against fails to respond to the proposed CCA within that time frame, then the proposed CCA is deemed rejected by operation of law. Authorizes written amendments to CCAs. Prohibits violations of CCAs. Grants the Agency certain rulemaking authority. Makes technical changes. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Passed) 2011-08-23 - Public Act . . . . . . . . . 97-0519 [SB1357 Detail]

Download: Illinois-2011-SB1357-Amended.html

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Sen. A. J. Wilhelmi

Filed: 4/11/2011

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AMENDMENT TO SENATE BILL 1357
AMENDMENT NO. ______. Amend Senate Bill 1357 by replacing
everything after the enacting clause with the following:
"Section 5. The Environmental Protection Act is amended by
changing Sections 31 and 42 as follows:
(415 ILCS 5/31) (from Ch. 111 1/2, par. 1031)
Sec. 31. Notice; complaint; hearing.
(a)(1) Within 180 days after of becoming aware of an
alleged violation of the Act, or any rule adopted under the
Act, or of a permit granted by the Agency, or a condition
of such a the permit, the Agency shall issue and serve, by
certified mail, upon the person complained against a
written notice informing that person that the Agency has
evidence of the alleged violation. At a minimum, the
written notice shall contain:
(A) a notification to the person complained

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against of the requirement to submit a written response
addressing the violations alleged and the option to
meet with appropriate agency personnel to resolve any
alleged violations that could lead to the filing of a
formal complaint;
(B) a detailed explanation by the Agency of the
violations alleged;
(C) an explanation by the Agency of the actions
that the Agency believes may resolve the alleged
violations, including an estimate of a reasonable time
period for the person complained against to complete
the suggested resolution; and
(D) an explanation of any alleged violation that
the Agency believes cannot be resolved without the
involvement of the Office of the Illinois Attorney
General or the State's Attorney of the county in which
the alleged violation occurred and the basis for the
Agency's belief.
(2) A written response to the violations alleged shall
be submitted to the Agency, by certified mail, within 45
days after of receipt of notice by the person complained
against, unless the Agency agrees to an extension. The
written response shall include:
(A) information in rebuttal, explanation or
justification of each alleged violation;
(B) if the person complained against desires to

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enter into a Compliance Commitment Agreement, proposed
terms for a proposed Compliance Commitment Agreement
that includes specified times for achieving each
commitment and which may consist of a statement
indicating that the person complained against believes
that compliance has been achieved; and
(C) a request for a meeting with appropriate Agency
personnel if a meeting is desired by the person
complained against.
(3) If the person complained against fails to respond
in accordance with the requirements of subdivision (2) of
this subsection (a), the failure to respond shall be
considered a waiver of the requirements of this subsection
(a) and nothing in this Section shall preclude the Agency
from proceeding pursuant to subsection (b) of this Section.
(4) A meeting requested pursuant to subdivision (2) of
this subsection (a) shall be held without a representative
of the Office of the Illinois Attorney General or the
State's Attorney of the county in which the alleged
violation occurred, within 60 days after of receipt of
notice by the person complained against, unless the Agency
agrees to a postponement. At the meeting, the Agency shall
provide an opportunity for the person complained against to
respond to each alleged violation, suggested resolution,
and suggested implementation time frame, and to suggest
alternate resolutions.

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(5) If a meeting requested pursuant to subdivision (2)
of this subsection (a) is held, the person complained
against shall, within 21 days following the meeting or
within an extended time period as agreed to by the Agency,
submit by certified mail to the Agency a written response
to the alleged violations. The written response shall
include:
(A) additional information in rebuttal,
explanation, or justification of each alleged
violation;
(B) if the person complained against desires to
enter into a Compliance Commitment Agreement, proposed
terms for a proposed Compliance Commitment Agreement
that includes specified times for achieving each
commitment and which may consist of a statement
indicating that the person complained against believes
that compliance has been achieved; and
(C) a statement indicating that, should the person
complained against so wish, the person complained
against chooses to rely upon the initial written
response submitted pursuant to subdivision (2) of this
subsection (a).
(6) If the person complained against fails to respond
in accordance with the requirements of subdivision (5) of
this subsection (a), the failure to respond shall be
considered a waiver of the requirements of this subsection

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(a) and nothing in this Section shall preclude the Agency
from proceeding pursuant to subsection (b) of this Section.
(7) Within 30 days after of the Agency's receipt of a
written response submitted by the person complained
against pursuant to subdivision (2) of this subsection (a),
if a meeting is not requested, or pursuant to subdivision
(5) of this subsection (a), if a meeting is held, or within
a later time period as agreed to by the Agency and the
person complained against, the Agency shall issue and
serve, by certified mail, upon the person complained
against (i) a written notice informing the person of its
acceptance, rejection, or proposed modification to the
proposed Compliance Commitment Agreement or (ii) a notice
that one or more violations cannot be resolved without the
involvement of the Office of the Attorney General or the
State's Attorney of the county in which the alleged
violation occurred and that no proposed Compliance
Commitment Agreement will be issued by the Agency for those
violations. The Agency shall include terms and conditions
in the proposed Compliance Commitment Agreement that are,
in its discretion, necessary to bring the person complained
against into compliance with the Act, any rule adopted
under the Act, any permit granted by the Agency, or any
condition of such a permit. The Agency shall take into
consideration the proposed terms for the proposed
Compliance Commitment Agreement that were provided under

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subdivision (a)(2)(B) or (a)(5)(B) of this Section by the
person complained against as contained within the written
response.
(7.5) Within 30 days after the receipt of the Agency's
proposed Compliance Commitment Agreement by the person
complained against, the person shall either (i) agree to
and sign the proposed Compliance Commitment Agreement
provided by the Agency and submit the signed Compliance
Commitment Agreement to the Agency by certified mail or
(ii) notify the Agency in writing by certified mail of the
person's rejection of the proposed Compliance Commitment
Agreement. If the person complained against fails to
respond to the proposed Compliance Commitment Agreement
within 30 days as required under this paragraph, the
proposed Compliance Commitment Agreement is deemed
rejected by operation of law. Any Compliance Commitment
Agreement entered into under item (i) of this paragraph may
be amended subsequently in writing by mutual agreement
between the Agency and the signatory to the Compliance
Commitment Agreement, the signatory's legal
representative, or the signatory's agent.
(7.6) No person shall violate the terms or conditions
of a Compliance Commitment Agreement entered into under
subdivision (a)(7.5) of this Section. However,
notwithstanding any other provision of this Act to the
contrary, a person may cure a violation of this subdivision

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(a)(7.6) by entering into a mutually agreed upon written
amendment to a Compliance Commitment Agreement under
subdivision (a)(7.5) of this Section. Successful
completion of a Compliance Commitment Agreement may be
considered by the Board or a court as an affirmative
defense against an action taken for violations of the Act
that were the subject of the Compliance Commitment
Agreement.
(8) Nothing in this subsection (a) is intended to
require the Agency to enter into Compliance Commitment
Agreements for any alleged violation that the Agency
believes cannot be resolved without the involvement of the
Office of the Attorney General or the State's Attorney of
the county in which the alleged violation occurred, for,
among other purposes, the imposition of statutory
penalties.
(9) The Agency's failure to respond within 30 days to a
written response submitted pursuant to subdivision (2) of
this subsection (a), if a meeting is not requested, or
pursuant to subdivision (5) of this subsection (a), if a
meeting is held, within 30 days, or within the time period
otherwise agreed to in writing by the Agency and the person
complained against, shall be deemed an acceptance by the
Agency of the proposed terms of the Compliance Commitment
Agreement for the violations alleged in the written notice
issued under subdivision (1) of this subsection (a) as

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contained within the written response.
(10) If the person complained against complies with the
terms of a Compliance Commitment Agreement accepted
pursuant to this subsection (a), the Agency shall not refer
the alleged violations which are the subject of the
Compliance Commitment Agreement to the Office of the
Illinois Attorney General or the State's Attorney of the
county in which the alleged violation occurred. However,
nothing in this subsection is intended to preclude the
Agency from continuing negotiations with the person
complained against or from proceeding pursuant to the
provisions of subsection (b) of this Section for alleged
violations that which remain the subject of disagreement
between the Agency and the person complained against
following fulfillment of the requirements of this
subsection (a).
(11) Nothing in this subsection (a) is intended to
preclude the person complained against from submitting to
the Agency, by certified mail, at any time, notification
that the person complained against consents to waiver of
the requirements of subsections (a) and (b) of this
Section.
(12) The Agency shall have the authority to adopt rules
for the administration of subsection (a) of this Section.
The rules shall be adopted in accordance with the
provisions of the Illinois Administrative Procedure Act.

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(b) For alleged violations that remain the subject of
disagreement between the Agency and the person complained
against following fulfillment of the requirements of
subsection (a) of this Section, and for alleged violations of
the terms or conditions of a Compliance Commitment Agreement
entered into under subdivision (a)(7.5) of this Section as well
as the alleged violations that are the subject of the
Compliance Commitment Agreement, and as a precondition to the
Agency's referral or request to the Office of the Illinois
Attorney General or the State's Attorney of the county in which
the alleged violation occurred for legal representation
regarding an alleged violation that may be addressed pursuant
to subsection (c) or (d) of this Section or pursuant to Section
42 of this Act, the Agency shall issue and serve, by certified
mail, upon the person complained against a written notice
informing that person that the Agency intends to pursue legal
action. Such notice shall notify the person complained against
of the violations to be alleged and offer the person an
opportunity to meet with appropriate Agency personnel in an
effort to resolve any alleged violations that could lead to the
filing of a formal complaint. The meeting with Agency personnel
shall be held within 30 days after of receipt of notice served
pursuant to this subsection upon the person complained against,
unless the Agency agrees to a postponement or the person
notifies the Agency that he or she will not appear at a meeting
within the 30-day time period. Nothing in this subsection is

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intended to preclude the Agency from following the provisions
of subsection (c) or (d) of this Section or from requesting the
legal representation of the Office of the Illinois Attorney
General or the State's Attorney of the county in which the
alleged violations occurred for alleged violations which
remain the subject of disagreement between the Agency and the
person complained against after the provisions of this
subsection are fulfilled.
(c)(1) For alleged violations which remain the subject of
disagreement between the Agency and the person complained
against following waiver, pursuant to subdivision (10) of
subsection (a) of this Section, or fulfillment of the
requirements of subsections (a) and (b) of this Section,
the Office of the Illinois Attorney General or the State's
Attorney of the county in which the alleged violation
occurred shall issue and serve upon the person complained
against a written notice, together with a formal complaint,
which shall specify the provision of the Act, or the rule,
or regulation, or permit, or term or condition thereof
under which such person is said to be in violation, and a
statement of the manner in, and the extent to which such
person is said to violate the Act, or such rule, or
regulation, or permit, or term or condition thereof and
shall require the person so complained against to answer
the charges of such formal complaint at a hearing before
the Board at a time not less than 21 days after the date of

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notice by the Board, except as provided in Section 34 of
this Act. Such complaint shall be accompanied by a
notification to the defendant that financing may be
available, through the Illinois Environmental Facilities
Financing Act, to correct such violation. A copy of such
notice of such hearings shall also be sent to any person
that has complained to the Agency respecting the respondent
within the six months preceding the date of the complaint,
and to any person in the county in which the offending
activity occurred that has requested notice of enforcement
proceedings; 21 days notice of such hearings shall also be
published in a newspaper of general circulation in such
county. The respondent may file a written answer, and at
such hearing the rules prescribed in Sections 32 and 33 of
this Act shall apply. In the case of actual or threatened
acts outside Illinois contributing to environmental damage
in Illinois, the extraterritorial service-of-process
provisions of Sections 2-208 and 2-209 of the Code of Civil
Procedure shall apply.
With respect to notices served pursuant to this
subsection (c)(1) that which involve hazardous material or
wastes in any manner, the Agency shall annually publish a
list of all such notices served. The list shall include the
date the investigation commenced, the date notice was sent,
the date the matter was referred to the Attorney General,
if applicable, and the current status of the matter.

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(2) Notwithstanding the provisions of subdivision (1)
of this subsection (c), whenever a complaint has been filed
on behalf of the Agency or by the People of the State of
Illinois, the parties may file with the Board a stipulation
and proposal for settlement accompanied by a request for
relief from the requirement of a hearing pursuant to
subdivision (1). Unless the Board, in its discretion,
concludes that a hearing will be held, the Board shall
cause notice of the stipulation, proposal and request for
relief to be published and sent in the same manner as is
required for hearing pursuant to subdivision (1) of this
subsection. The notice shall include a statement that any
person may file a written demand for hearing within 21 days
after receiving the notice. If any person files a timely
written demand for hearing, the Board shall deny the
request for relief from a hearing and shall hold a hearing
in accordance with the provisions of subdivision (1).
(3) Notwithstanding the provisions of subdivision (1)
of this subsection (c), if the Agency becomes aware of a
violation of this Act arising from, or as a result of,
voluntary pollution prevention activities, the Agency
shall not proceed with the written notice required by
subsection (a) of this Section unless:
(A) the person fails to take corrective action or
eliminate the reported violation within a reasonable
time; or

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(B) the Agency believes that the violation poses a
substantial and imminent danger to the public health or
welfare or the environment. For the purposes of this
item (B), "substantial and imminent danger" means a
danger with a likelihood of serious or irreversible
harm.
(d)(1) Any person may file with the Board a complaint,
meeting the requirements of subsection (c) of this Section,
against any person allegedly violating this Act, any rule
or regulation adopted under this Act, any permit or term or
condition of a permit, or any Board order. The complainant
shall immediately serve a copy of such complaint upon the
person or persons named therein. Unless the Board
determines that such complaint is duplicative or
frivolous, it shall schedule a hearing and serve written
notice thereof upon the person or persons named therein, in
accord with subsection (c) of this Section.
(2) Whenever a complaint has been filed by a person
other than the Attorney General or the State's Attorney,
the parties may file with the Board a stipulation and
proposal for settlement accompanied by a request for relief
from the hearing requirement of subdivision (c)(1) of this
Section. Unless the Board, in its discretion, concludes
that a hearing should be held, no hearing on the
stipulation and proposal for settlement is required.
(e) In hearings before the Board under this Title the

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burden shall be on the Agency or other complainant to show
either that the respondent has caused or threatened to cause
air or water pollution or that the respondent has violated or
threatens to violate any provision of this Act or any rule or
regulation of the Board or permit or term or condition thereof.
If such proof has been made, the burden shall be on the
respondent to show that compliance with the Board's regulations
would impose an arbitrary or unreasonable hardship.
(f) The provisions of this Section shall not apply to
administrative citation actions commenced under Section 31.1
of this Act.
(Source: P.A. 92-574, eff. 6-26-02; 93-152, eff. 7-10-03.)
(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 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.

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(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

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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
22.51, 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 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 22.51,
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

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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.
(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

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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
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

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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 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.

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(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 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; and
(7) whether the respondent has agreed to undertake a
"supplemental environmental project," which means an

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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 .
(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), 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 or a compliance management system
documented by the regulated entity as reflecting the

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regulated entity's due diligence in preventing, detecting,
and correcting violations;
(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;

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(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.
(j) In addition to any an 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
subdivision (a)(7.6) of Section 31 of this Act shall be liable
for an additional civil penalty of $3,000.
(Source: P.A. 95-331, eff. 8-21-07; 96-603, eff. 8-24-09;

09700SB1357sam002 - 24 - LRB097 00021 JDS 54364 a
96-737, eff. 8-25-09; 96-1000, eff. 7-2-10; 96-1416, eff.
7-30-10.)
Section 99. Effective date. This Act takes effect upon
becoming law.".