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Public Act 098-0638 Public Act 0638 98TH GENERAL ASSEMBLY |
Public Act 098-0638 | SB2727 Enrolled | LRB098 18329 MGM 53464 b |
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| AN ACT concerning safety.
| Be it enacted by the People of the State of Illinois, | represented in the General Assembly:
| Section 5. The Environmental Protection Act is amended by | changing Section 42 and by adding Section 52.5 as follows: | (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. | (b) Notwithstanding the provisions of subsection (a) of | this Section: | (1) Any person that violates Section 12(f) of this Act | or any
NPDES permit or term or condition thereof, or any | filing requirement,
regulation or order relating to the |
| NPDES permit program, shall be liable
to a civil penalty of | not to exceed $10,000 per day of violation. | (2) Any person that violates Section 12(g) of this Act | or any UIC permit
or term or condition thereof, or any | filing requirement, regulation or order
relating to the | State UIC program for all wells, except Class II wells as
| defined by the Board under this Act, shall be liable to a | civil penalty
not to exceed $2,500 per day of violation; | provided, however, that any person
who commits such | violations relating to the State UIC program for Class
II | wells, as defined by the Board under this Act, shall be | liable to a civil
penalty of not to exceed $10,000 for the | violation and an additional civil
penalty of not to exceed | $1,000 for each day during which the violation
continues. | (3) Any person that violates Sections 21(f), 21(g), | 21(h) or 21(i) of
this Act, or any RCRA permit or term or | condition thereof, or any filing
requirement, regulation | or order relating to the State RCRA program, shall
be | liable to a civil penalty of not to exceed $25,000 per day | of violation. | (4)
In an administrative citation action under Section | 31.1 of this Act,
any person found to have violated any | provision of subsection (o) of
Section 21 of this Act shall | pay a civil penalty of $500 for each
violation of each such | provision, plus any hearing costs incurred by the Board
and | the Agency. Such penalties shall be made payable to the |
| Environmental
Protection Trust Fund, to be used in | accordance with the provisions of the
Environmental | Protection Trust Fund Act; except that if a unit of local
| government issued the administrative citation, 50% of the | civil penalty shall
be payable to the unit of local | government. | (4-5) In an administrative citation action under | Section 31.1 of this
Act, any person found to have violated | any
provision of subsection (p) of
Section 21, 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 | 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. | (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. | (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 | 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 | 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. |
| (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; | (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 | (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 |
| 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; |
| (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 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 $2,000. | (Source: P.A. 96-603, eff. 8-24-09; 96-737, eff. 8-25-09; |
| 96-1000, eff. 7-2-10; 96-1416, eff. 7-30-10; 97-519, eff. | 8-23-11.) | (415 ILCS 5/52.5 new) | Sec. 52.5. Microbead-free waters. | (a) As used in this Section: | "Over the counter drug" means a drug that is a personal | care product that contains a label that identifies the product | as a drug as required by 21 CFR 201.66. An "over the counter | drug" label includes: | (1) A drug facts panel; or | (2) A statement of the active ingredients with a list | of those ingredients contained in the compound, substance, or | preparation. | "Personal care product" means any article intended to be | rubbed, poured, sprinkled, or sprayed on, introduced into, or | otherwise applied to the human body or any part thereof for | cleansing, beautifying, promoting attractiveness, or altering | the appearance, and any article intended for use as a component | of any such article. "Personal care product" does not include | any prescription drugs. | "Plastic" means a synthetic material made from linking | monomers through a chemical reaction to create an organic | polymer chain that can be molded or extruded at high heat into | various solid forms retaining their defined shapes during life | cycle and after disposal. |
| "Synthetic plastic microbead" means any intentionally | added non-biodegradable solid plastic particle measured less | than 5 millimeters in size and is used to exfoliate or cleanse | in a rinse-off product. | (b) The General Assembly hereby finds that microbeads, a | synthetic alternative ingredient to such natural materials as | ground almonds, oatmeal, and pumice, found in over 100 personal | care products, including facial cleansers, shampoos, and | toothpastes, pose a serious threat to the State's environment. | Microbeads have been documented to collect harmful | pollutants already present in the environment and harm fish and | other aquatic organisms that form the base of the aquatic food | chain. Recently, microbeads have been recorded in Illinois | water bodies, and in particular, the waters of Lake Michigan. | Although synthetic plastic microbeads are a safe and | effective mild abrasive ingredient effectively used for gently | removing dead skin, there are recent concerns about the | potential environmental impact of these materials. More | research is needed on any adverse consequences, but a number of | cosmetic manufacturers have already begun a voluntary process | for identifying alternatives that allay those concerns. Those | alternatives will be carefully evaluated to assure safety and | implemented in a timely manner. | Without significant and costly improvements to the | majority of the State's sewage treatment facilities, | microbeads contained in products will continue to pollute |
| Illinois' waters and hinder the recent substantial economic | investments in redeveloping Illinois waterfronts and the | ongoing efforts to restore the State's lakes and rivers and | recreational and commercial fisheries. | (c) Effective December 31, 2017, no person shall | manufacture for sale a personal care product, except for an | over the counter drug, that contains synthetic plastic | microbeads as defined in this Section. | (d) Effective December 31, 2018, no person shall accept for | sale a personal care product, except for an over the counter | drug, that contains synthetic plastic microbeads as defined in | this Section. | (e) Effective December 31, 2018, no person shall | manufacture for sale an over the counter drug that contains | synthetic plastic microbeads as defined in this Section. | (f) Effective December 31, 2019, no person shall accept for | sale an over the counter drug that contains synthetic plastic | microbeads as defined in this Section. |
Effective Date: 1/1/2015
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