Bill Text: IL SB2727 | 2013-2014 | 98th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Environmental Protection Act. Makes a technical change in a Section concerning the short title.
Spectrum: Moderate Partisan Bill (Democrat 25-3)
Status: (Passed) 2014-06-09 - Public Act . . . . . . . . . 98-0638 [SB2727 Detail]
Download: Illinois-2013-SB2727-Amended.html
Bill Title: Amends the Environmental Protection Act. Makes a technical change in a Section concerning the short title.
Spectrum: Moderate Partisan Bill (Democrat 25-3)
Status: (Passed) 2014-06-09 - Public Act . . . . . . . . . 98-0638 [SB2727 Detail]
Download: Illinois-2013-SB2727-Amended.html
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1 | AMENDMENT TO SENATE BILL 2727
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2 | AMENDMENT NO. ______. Amend Senate Bill 2727, AS AMENDED, | ||||||
3 | by replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Environmental Protection Act is amended by | ||||||
6 | changing Section 42 and by adding Section 52.5 as follows:
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7 | (415 ILCS 5/42) (from Ch. 111 1/2, par. 1042) | ||||||
8 | Sec. 42. Civil penalties. | ||||||
9 | (a) Except as provided in this Section, any person that | ||||||
10 | violates any
provision of this Act or any regulation adopted by | ||||||
11 | the Board, or any permit
or term or condition thereof, or that | ||||||
12 | violates any order of the Board pursuant
to this Act, shall be | ||||||
13 | liable for a civil penalty of not to exceed
$50,000 for the | ||||||
14 | violation and an additional civil penalty of not to exceed
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15 | $10,000 for each day during which the violation continues; such | ||||||
16 | penalties may,
upon order of the Board or a court of competent |
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1 | jurisdiction, be made payable
to the Environmental Protection | ||||||
2 | Trust Fund, to be used in accordance with the
provisions of the | ||||||
3 | Environmental Protection Trust Fund Act. | ||||||
4 | (b) Notwithstanding the provisions of subsection (a) of | ||||||
5 | this Section: | ||||||
6 | (1) Any person that violates Section 12(f) of this Act | ||||||
7 | or any
NPDES permit or term or condition thereof, or any | ||||||
8 | filing requirement,
regulation or order relating to the | ||||||
9 | NPDES permit program, shall be liable
to a civil penalty of | ||||||
10 | not to exceed $10,000 per day of violation. | ||||||
11 | (2) Any person that violates Section 12(g) of this Act | ||||||
12 | or any UIC permit
or term or condition thereof, or any | ||||||
13 | filing requirement, regulation or order
relating to the | ||||||
14 | State UIC program for all wells, except Class II wells as
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15 | defined by the Board under this Act, shall be liable to a | ||||||
16 | civil penalty
not to exceed $2,500 per day of violation; | ||||||
17 | provided, however, that any person
who commits such | ||||||
18 | violations relating to the State UIC program for Class
II | ||||||
19 | wells, as defined by the Board under this Act, shall be | ||||||
20 | liable to a civil
penalty of not to exceed $10,000 for the | ||||||
21 | violation and an additional civil
penalty of not to exceed | ||||||
22 | $1,000 for each day during which the violation
continues. | ||||||
23 | (3) Any person that violates Sections 21(f), 21(g), | ||||||
24 | 21(h) or 21(i) of
this Act, or any RCRA permit or term or | ||||||
25 | condition thereof, or any filing
requirement, regulation | ||||||
26 | or order relating to the State RCRA program, shall
be |
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1 | liable to a civil penalty of not to exceed $25,000 per day | ||||||
2 | of violation. | ||||||
3 | (4)
In an administrative citation action under Section | ||||||
4 | 31.1 of this Act,
any person found to have violated any | ||||||
5 | provision of subsection (o) of
Section 21 of this Act shall | ||||||
6 | pay a civil penalty of $500 for each
violation of each such | ||||||
7 | provision, plus any hearing costs incurred by the Board
and | ||||||
8 | the Agency. Such penalties shall be made payable to the | ||||||
9 | Environmental
Protection Trust Fund, to be used in | ||||||
10 | accordance with the provisions of the
Environmental | ||||||
11 | Protection Trust Fund Act; except that if a unit of local
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12 | government issued the administrative citation, 50% of the | ||||||
13 | civil penalty shall
be payable to the unit of local | ||||||
14 | government. | ||||||
15 | (4-5) In an administrative citation action under | ||||||
16 | Section 31.1 of this
Act, any person found to have violated | ||||||
17 | any
provision of subsection (p) of
Section 21, Section | ||||||
18 | 22.51, Section 22.51a, or subsection (k) of Section 55 of | ||||||
19 | this Act shall pay a civil penalty of $1,500 for each | ||||||
20 | violation
of
each such provision, plus any hearing costs | ||||||
21 | incurred by the Board and the
Agency, except that the civil | ||||||
22 | penalty amount shall be $3,000 for
each violation of any | ||||||
23 | provision of subsection (p) of Section 21, Section 22.51, | ||||||
24 | Section 22.51a, or subsection (k) of Section 55 that is the
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25 | person's second or subsequent adjudication violation of | ||||||
26 | that
provision. The penalties shall be deposited into the
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1 | Environmental Protection Trust Fund, to be used in | ||||||
2 | accordance with the
provisions of the Environmental | ||||||
3 | Protection Trust Fund Act; except that if a
unit of local | ||||||
4 | government issued the administrative citation, 50% of the | ||||||
5 | civil
penalty shall be payable to the unit of local | ||||||
6 | government. | ||||||
7 | (5) Any person who violates subsection 6 of Section | ||||||
8 | 39.5 of this Act
or any CAAPP permit, or term or condition | ||||||
9 | thereof, or any fee or filing
requirement, or any duty to | ||||||
10 | allow or carry out inspection, entry or
monitoring | ||||||
11 | activities, or any regulation or order relating to the | ||||||
12 | CAAPP
shall be liable for a civil penalty not to exceed | ||||||
13 | $10,000 per day of violation. | ||||||
14 | (6) Any owner or operator of a community water system | ||||||
15 | that violates subsection (b) of Section 18.1 or subsection | ||||||
16 | (a) of Section 25d-3 of this Act shall, for each day of | ||||||
17 | violation, be liable for a civil penalty not to exceed $5 | ||||||
18 | for each of the premises connected to the affected | ||||||
19 | community water system. | ||||||
20 | (7) Any person who violates Section 52.5 of this Act | ||||||
21 | shall be liable for a civil penalty of up to $1,000 for the | ||||||
22 | first violation of that Section and a civil penalty of up | ||||||
23 | to $2,500 for a second or subsequent violation of that | ||||||
24 | Section. | ||||||
25 | (b.5) In lieu of the penalties set forth in subsections (a) | ||||||
26 | and (b) of
this Section, any person who fails to file, in a |
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1 | timely manner, toxic
chemical release forms with the Agency | ||||||
2 | pursuant to Section 25b-2
of this Act
shall be liable for a | ||||||
3 | civil penalty of $100 per day for
each day the forms are
late, | ||||||
4 | not to exceed a maximum total penalty of $6,000. This daily | ||||||
5 | penalty
shall begin accruing on the thirty-first day after the
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6 | date that the person receives the warning notice issued by the | ||||||
7 | Agency pursuant
to Section 25b-6 of this Act; and the penalty | ||||||
8 | shall be paid to the Agency. The
daily accrual of penalties | ||||||
9 | shall cease as of January 1 of the following year.
All | ||||||
10 | penalties collected by the Agency pursuant to this subsection | ||||||
11 | shall be
deposited into the Environmental Protection Permit and | ||||||
12 | Inspection Fund. | ||||||
13 | (c) Any person that violates this Act, any rule or | ||||||
14 | regulation adopted under
this Act, any permit or term or | ||||||
15 | condition of a permit, or any Board order and
causes the death | ||||||
16 | of fish
or aquatic life shall, in addition to the other | ||||||
17 | penalties provided by
this Act, be liable to pay to the State | ||||||
18 | an additional sum for the
reasonable value of the fish or | ||||||
19 | aquatic life destroyed. Any money so
recovered shall be placed | ||||||
20 | in the Wildlife and Fish Fund in the State
Treasury. | ||||||
21 | (d) The penalties provided for in this Section may be | ||||||
22 | recovered in a
civil action. | ||||||
23 | (e) The State's Attorney of the county in which the | ||||||
24 | violation
occurred, or the Attorney General, may, at the | ||||||
25 | request of the Agency or
on his own motion, institute a civil | ||||||
26 | action for an injunction, prohibitory or mandatory, to
restrain |
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1 | violations of this Act, any rule or regulation adopted under | ||||||
2 | this Act,
any permit or term or condition of a permit, or any | ||||||
3 | Board order, or to require such other actions as may be | ||||||
4 | necessary to address violations of this Act, any rule or | ||||||
5 | regulation adopted under this Act, any permit or term or | ||||||
6 | condition of a permit, or any Board order. | ||||||
7 | (f) The State's Attorney of the county in which the | ||||||
8 | violation
occurred, or the Attorney General, shall bring such | ||||||
9 | actions in the name
of the people of the State of Illinois.
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10 | Without limiting any other authority which may exist for the | ||||||
11 | awarding
of attorney's fees and costs, the Board or a court of | ||||||
12 | competent
jurisdiction may award costs and reasonable | ||||||
13 | attorney's fees, including the
reasonable costs of expert | ||||||
14 | witnesses and consultants, to the State's
Attorney or the | ||||||
15 | Attorney General in a case where he has prevailed against a
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16 | person who has committed a wilful, knowing or repeated | ||||||
17 | violation of this Act,
any rule or regulation adopted under | ||||||
18 | this Act, any permit or term or condition
of a permit, or any | ||||||
19 | Board order. | ||||||
20 | Any funds collected under this subsection (f) in which the | ||||||
21 | Attorney
General has prevailed shall be deposited in the
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22 | Hazardous Waste Fund created in Section 22.2 of this Act. Any | ||||||
23 | funds
collected under this subsection (f) in which a State's | ||||||
24 | Attorney has
prevailed shall be retained by the county in which | ||||||
25 | he serves. | ||||||
26 | (g) All final orders imposing civil penalties pursuant to |
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1 | this Section
shall prescribe the time for payment of such | ||||||
2 | penalties. If any such
penalty is not paid within the time | ||||||
3 | prescribed, interest on such penalty
at the rate set forth in | ||||||
4 | subsection (a) of Section 1003 of the Illinois Income
Tax Act, | ||||||
5 | shall be paid for the period from the date payment is due until | ||||||
6 | the
date payment is received. However, if the time for payment | ||||||
7 | is stayed during
the pendency of an appeal, interest shall not | ||||||
8 | accrue during such stay. | ||||||
9 | (h) In determining the appropriate civil penalty to be | ||||||
10 | imposed under
subdivisions (a), (b)(1), (b)(2), (b)(3), or | ||||||
11 | (b)(5) of this
Section, the Board is authorized to consider any | ||||||
12 | matters of record in
mitigation or aggravation of penalty, | ||||||
13 | including but not limited to the
following factors: | ||||||
14 | (1) the duration and gravity of the violation; | ||||||
15 | (2) the presence or absence of due diligence on the | ||||||
16 | part of the
respondent in attempting to comply with | ||||||
17 | requirements of this
Act and regulations thereunder or to | ||||||
18 | secure relief therefrom as provided by
this Act; | ||||||
19 | (3) any economic benefits accrued by the respondent
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20 | because of delay in compliance with requirements, in which | ||||||
21 | case the economic
benefits shall be determined by the | ||||||
22 | lowest cost alternative for achieving
compliance; | ||||||
23 | (4) the amount of monetary penalty which will serve to | ||||||
24 | deter further
violations by the respondent and to otherwise | ||||||
25 | aid in enhancing
voluntary
compliance with this Act by the | ||||||
26 | respondent and other persons
similarly
subject to the Act; |
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1 | (5) the number, proximity in time, and gravity of | ||||||
2 | previously
adjudicated violations of this Act by the | ||||||
3 | respondent; | ||||||
4 | (6) whether the respondent voluntarily self-disclosed, | ||||||
5 | in accordance
with subsection (i) of this Section, the | ||||||
6 | non-compliance to the Agency; | ||||||
7 | (7) whether the respondent has agreed to undertake a | ||||||
8 | "supplemental
environmental project," which means an | ||||||
9 | environmentally beneficial project that
a respondent | ||||||
10 | agrees to undertake in settlement of an enforcement action | ||||||
11 | brought
under this Act, but which the respondent is not | ||||||
12 | otherwise legally required to
perform; and | ||||||
13 | (8) whether the respondent has successfully completed | ||||||
14 | a Compliance Commitment Agreement under subsection (a) of | ||||||
15 | Section 31 of this Act to remedy the violations that are | ||||||
16 | the subject of the complaint. | ||||||
17 | In determining the appropriate civil penalty to be imposed | ||||||
18 | under subsection
(a) or paragraph (1), (2), (3), or (5) of | ||||||
19 | subsection (b) of this Section, the
Board shall ensure, in all | ||||||
20 | cases, that the penalty is at least as great as the
economic | ||||||
21 | benefits, if any, accrued by the respondent as a result of the
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22 | violation, unless the Board finds that imposition of such | ||||||
23 | penalty would result
in an arbitrary or unreasonable financial | ||||||
24 | hardship. However, such civil
penalty
may be off-set in whole | ||||||
25 | or in part pursuant to a supplemental
environmental project | ||||||
26 | agreed to by the complainant and the respondent. |
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1 | (i) A person who voluntarily self-discloses non-compliance | ||||||
2 | to the Agency,
of which the Agency had been unaware, is | ||||||
3 | entitled to a 100% reduction in the
portion of the penalty that | ||||||
4 | is not based on the economic benefit of
non-compliance if the | ||||||
5 | person can
establish the following: | ||||||
6 | (1) that the non-compliance was discovered through an | ||||||
7 | environmental
audit or a compliance management system | ||||||
8 | documented by the regulated entity as
reflecting the | ||||||
9 | regulated entity's due diligence in preventing, detecting, | ||||||
10 | and
correcting violations; | ||||||
11 | (2) that the non-compliance was disclosed in writing | ||||||
12 | within 30 days of
the date on which the person discovered | ||||||
13 | it; | ||||||
14 | (3) that the non-compliance was discovered and | ||||||
15 | disclosed prior to: | ||||||
16 | (i) the commencement of an Agency inspection, | ||||||
17 | investigation, or request
for information; | ||||||
18 | (ii) notice of a citizen suit; | ||||||
19 | (iii) the filing of a complaint by a citizen, the | ||||||
20 | Illinois Attorney
General, or the State's Attorney of | ||||||
21 | the county in which the violation occurred; | ||||||
22 | (iv) the reporting of the non-compliance by an | ||||||
23 | employee of the person
without that person's | ||||||
24 | knowledge; or | ||||||
25 | (v) imminent discovery of the non-compliance by | ||||||
26 | the Agency; |
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1 | (4) that the non-compliance is being corrected and any | ||||||
2 | environmental
harm is being remediated in a timely fashion; | ||||||
3 | (5) that the person agrees to prevent a recurrence of | ||||||
4 | the non-compliance; | ||||||
5 | (6) that no related non-compliance events have | ||||||
6 | occurred in the
past 3 years at the same facility or in the | ||||||
7 | past 5 years as part of a
pattern at multiple facilities | ||||||
8 | owned or operated by the person; | ||||||
9 | (7) that the non-compliance did not result in serious | ||||||
10 | actual
harm or present an imminent and substantial | ||||||
11 | endangerment to human
health or the environment or violate | ||||||
12 | the specific terms of any judicial or
administrative order | ||||||
13 | or consent agreement; | ||||||
14 | (8) that the person cooperates as reasonably requested | ||||||
15 | by the Agency
after the disclosure; and | ||||||
16 | (9) that the non-compliance was identified voluntarily | ||||||
17 | and not through a
monitoring, sampling, or auditing | ||||||
18 | procedure that is required by statute, rule,
permit, | ||||||
19 | judicial or administrative order, or consent agreement. | ||||||
20 | If a person can establish all of the elements under this | ||||||
21 | subsection except
the element set forth in paragraph (1) of | ||||||
22 | this subsection, the person is
entitled to a 75% reduction in | ||||||
23 | the portion of the penalty that is not based
upon the economic | ||||||
24 | benefit of non-compliance. | ||||||
25 | (j) In addition to any other remedy or penalty that may
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26 | apply, whether civil or criminal, any person who violates |
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1 | Section 22.52 of this Act shall be liable for an additional | ||||||
2 | civil penalty of up to 3 times the gross amount of any | ||||||
3 | pecuniary gain resulting from the violation.
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4 | (k) In addition to any other remedy or penalty that may | ||||||
5 | apply, whether civil or criminal, any person who violates | ||||||
6 | subdivision (a)(7.6) of Section 31 of this Act shall be liable | ||||||
7 | for an additional civil penalty of $2,000. | ||||||
8 | (Source: P.A. 96-603, eff. 8-24-09; 96-737, eff. 8-25-09; | ||||||
9 | 96-1000, eff. 7-2-10; 96-1416, eff. 7-30-10; 97-519, eff. | ||||||
10 | 8-23-11.)
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11 | (415 ILCS 5/52.5 new) | ||||||
12 | Sec. 52.5. Microbead-free waters. | ||||||
13 | (a) As used in this Section: | ||||||
14 | "Personal care product" means any article intended to be | ||||||
15 | rubbed, poured, sprinkled, or sprayed on, introduced into, or | ||||||
16 | otherwise applied to the human body or any part thereof for | ||||||
17 | cleansing, beautifying, promoting attractiveness, or altering | ||||||
18 | the appearance, and any article intended for use as a component | ||||||
19 | of any such article. "Personal care product" does not include | ||||||
20 | any prescription or over the counter drugs. | ||||||
21 | "Plastic" means a synthetic material made from linking | ||||||
22 | monomers through a chemical reaction to create an organic | ||||||
23 | polymer chain that can be molded or extruded at high heat into | ||||||
24 | various solid forms retaining their defined shapes during life | ||||||
25 | cycle and after disposal. |
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1 | "Synthetic plastic microbead" means any intentionally | ||||||
2 | added non-biodegradable solid plastic particle measured less | ||||||
3 | than 5 millimeters in size and is used to exfoliate or cleanse | ||||||
4 | in a rinse-off product. | ||||||
5 | (b) The General Assembly hereby finds that microbeads, a | ||||||
6 | synthetic alternative ingredient to such natural materials as | ||||||
7 | ground almonds, oatmeal, and pumice, found in over 100 personal | ||||||
8 | care products, including facial cleansers, shampoos, and | ||||||
9 | toothpastes, pose a serious threat to the State's environment. | ||||||
10 | Microbeads have been documented to collect harmful pollutants | ||||||
11 | already present in the environment and harm fish and other | ||||||
12 | aquatic organisms that form the base of the aquatic food chain. | ||||||
13 | Recently, microbeads have been recorded in Illinois water | ||||||
14 | bodies, and in particular, the waters of Lake Michigan. | ||||||
15 | Although synthetic plastic microbeads are a safe and | ||||||
16 | effective mild abrasive ingredient effectively used for gently | ||||||
17 | removing dead skin, there are recent concerns about the | ||||||
18 | potential environmental impact of these materials. More | ||||||
19 | research is needed on any adverse consequences, but a number of | ||||||
20 | cosmetic manufacturers have already begun a voluntary process | ||||||
21 | for identifying alternatives that allay those concerns. Those | ||||||
22 | alternatives will be carefully evaluated to assure safety and | ||||||
23 | implemented in a timely manner. | ||||||
24 | Without significant and costly improvements to the | ||||||
25 | majority of the State's sewage treatment facilities, | ||||||
26 | microbeads contained in products will continue to pollute |
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1 | Illinois' waters and hinder the recent substantial economic | ||||||
2 | investments in redeveloping Illinois waterfronts and the | ||||||
3 | ongoing efforts to restore the State's lakes and rivers and | ||||||
4 | recreational and commercial fisheries. | ||||||
5 | (c) Effective December 31, 2017, no person shall | ||||||
6 | manufacture for sale a personal care product that contains | ||||||
7 | synthetic plastic microbeads as defined in this Section. | ||||||
8 | (d) Effective December 31, 2018, no person shall accept for | ||||||
9 | sale a personal care product that contains synthetic plastic | ||||||
10 | microbeads as defined in this Section. ".
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