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Illinois House Bill HB3628

Illinois 2023-2024 Regular Session

Illinois House Bill HB3628 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3628 Introduced , by Rep. Nicholas K. Smith SYNOPSIS AS INTRODUCED: 415 ILCS 5/42 from Ch. 111 1/2, par. 1042 Amends the Environmental Protection Act. To the extent allowed under federal law, caps the civil penalties that can be levied against a municipality for NPDES-related violations of the Act at $50,000. Provides that, if the Agency brings an enforcement action under the Act against a municipality for an NPDES-related violation, then it is the affirmative obligation of the Environmental Protection Agency (i) to provide the municipality with all technical assistance requested by the municipality and necessary to resolve the environmental condition that is responsible for the violation and (ii) to make available to the municipality financial assistance that the Agency is authorized under State or federal law to supply to the municipality to resolve that condition. Requires the Agency, before seeking civil penalties against a municipality under the Act or before taking any other legal action against a municipality under this Act, to hold a public hearing within the municipality to explain the rationale for the enforcement action. Requires public notice of the meeting to be published by the Agency in a newspaper of general circulation in the affected municipality. LRB103 30370 DTM 56800 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3628 Introduced , by Rep. Nicholas K. Smith SYNOPSIS AS INTRODUCED: 415 ILCS 5/42 from Ch. 111 1/2, par. 1042 415 ILCS 5/42 from Ch. 111 1/2, par. 1042 Amends the Environmental Protection Act. To the extent allowed under federal law, caps the civil penalties that can be levied against a municipality for NPDES-related violations of the Act at $50,000. Provides that, if the Agency brings an enforcement action under the Act against a municipality for an NPDES-related violation, then it is the affirmative obligation of the Environmental Protection Agency (i) to provide the municipality with all technical assistance requested by the municipality and necessary to resolve the environmental condition that is responsible for the violation and (ii) to make available to the municipality financial assistance that the Agency is authorized under State or federal law to supply to the municipality to resolve that condition. Requires the Agency, before seeking civil penalties against a municipality under the Act or before taking any other legal action against a municipality under this Act, to hold a public hearing within the municipality to explain the rationale for the enforcement action. Requires public notice of the meeting to be published by the Agency in a newspaper of general circulation in the affected municipality. LRB103 30370 DTM 56800 b LRB103 30370 DTM 56800 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3628 Introduced , by Rep. Nicholas K. Smith SYNOPSIS AS INTRODUCED:
33 415 ILCS 5/42 from Ch. 111 1/2, par. 1042 415 ILCS 5/42 from Ch. 111 1/2, par. 1042
44 415 ILCS 5/42 from Ch. 111 1/2, par. 1042
55 Amends the Environmental Protection Act. To the extent allowed under federal law, caps the civil penalties that can be levied against a municipality for NPDES-related violations of the Act at $50,000. Provides that, if the Agency brings an enforcement action under the Act against a municipality for an NPDES-related violation, then it is the affirmative obligation of the Environmental Protection Agency (i) to provide the municipality with all technical assistance requested by the municipality and necessary to resolve the environmental condition that is responsible for the violation and (ii) to make available to the municipality financial assistance that the Agency is authorized under State or federal law to supply to the municipality to resolve that condition. Requires the Agency, before seeking civil penalties against a municipality under the Act or before taking any other legal action against a municipality under this Act, to hold a public hearing within the municipality to explain the rationale for the enforcement action. Requires public notice of the meeting to be published by the Agency in a newspaper of general circulation in the affected municipality.
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1111 1 AN ACT concerning safety.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Environmental Protection Act is amended by
1515 5 changing Section 42 as follows:
1616 6 (415 ILCS 5/42) (from Ch. 111 1/2, par. 1042)
1717 7 Sec. 42. Civil penalties.
1818 8 (a) Except as provided in this Section, any person that
1919 9 violates any provision of this Act or any regulation adopted
2020 10 by the Board, or any permit or term or condition thereof, or
2121 11 that violates any order of the Board pursuant to this Act,
2222 12 shall be liable for a civil penalty of not to exceed $50,000
2323 13 for the violation and an additional civil penalty of not to
2424 14 exceed $10,000 for each day during which the violation
2525 15 continues; such penalties may, upon order of the Board or a
2626 16 court of competent jurisdiction, be made payable to the
2727 17 Environmental Protection Trust Fund, to be used in accordance
2828 18 with the provisions of the Environmental Protection Trust Fund
2929 19 Act.
3030 20 (b) Notwithstanding the provisions of subsection (a) of
3131 21 this Section:
3232 22 (1) Any person that violates Section 12(f) of this Act
3333 23 or any NPDES permit or term or condition thereof, or any
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3838 415 ILCS 5/42 from Ch. 111 1/2, par. 1042 415 ILCS 5/42 from Ch. 111 1/2, par. 1042
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4040 Amends the Environmental Protection Act. To the extent allowed under federal law, caps the civil penalties that can be levied against a municipality for NPDES-related violations of the Act at $50,000. Provides that, if the Agency brings an enforcement action under the Act against a municipality for an NPDES-related violation, then it is the affirmative obligation of the Environmental Protection Agency (i) to provide the municipality with all technical assistance requested by the municipality and necessary to resolve the environmental condition that is responsible for the violation and (ii) to make available to the municipality financial assistance that the Agency is authorized under State or federal law to supply to the municipality to resolve that condition. Requires the Agency, before seeking civil penalties against a municipality under the Act or before taking any other legal action against a municipality under this Act, to hold a public hearing within the municipality to explain the rationale for the enforcement action. Requires public notice of the meeting to be published by the Agency in a newspaper of general circulation in the affected municipality.
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6868 1 filing requirement, regulation or order relating to the
6969 2 NPDES permit program, shall be liable to a civil penalty
7070 3 of not to exceed $10,000 per day of violation.
7171 4 (2) Any person that violates Section 12(g) of this Act
7272 5 or any UIC permit or term or condition thereof, or any
7373 6 filing requirement, regulation or order relating to the
7474 7 State UIC program for all wells, except Class II wells as
7575 8 defined by the Board under this Act, shall be liable to a
7676 9 civil penalty not to exceed $2,500 per day of violation;
7777 10 provided, however, that any person who commits such
7878 11 violations relating to the State UIC program for Class II
7979 12 wells, as defined by the Board under this Act, shall be
8080 13 liable to a civil penalty of not to exceed $10,000 for the
8181 14 violation and an additional civil penalty of not to exceed
8282 15 $1,000 for each day during which the violation continues.
8383 16 (3) Any person that violates Sections 21(f), 21(g),
8484 17 21(h) or 21(i) of this Act, or any RCRA permit or term or
8585 18 condition thereof, or any filing requirement, regulation
8686 19 or order relating to the State RCRA program, shall be
8787 20 liable to a civil penalty of not to exceed $25,000 per day
8888 21 of violation.
8989 22 (4) In an administrative citation action under Section
9090 23 31.1 of this Act, any person found to have violated any
9191 24 provision of subsection (o) of Section 21 of this Act
9292 25 shall pay a civil penalty of $500 for each violation of
9393 26 each such provision, plus any hearing costs incurred by
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104104 1 the Board and the Agency. Such penalties shall be made
105105 2 payable to the Environmental Protection Trust Fund, to be
106106 3 used in accordance with the provisions of the
107107 4 Environmental Protection Trust Fund Act; except that if a
108108 5 unit of local government issued the administrative
109109 6 citation, 50% of the civil penalty shall be payable to the
110110 7 unit of local government.
111111 8 (4-5) In an administrative citation action under
112112 9 Section 31.1 of this Act, any person found to have
113113 10 violated any provision of subsection (p) of Section 21,
114114 11 Section 22.38, Section 22.51, Section 22.51a, or
115115 12 subsection (k) of Section 55 of this Act shall pay a civil
116116 13 penalty of $1,500 for each violation of each such
117117 14 provision, plus any hearing costs incurred by the Board
118118 15 and the Agency, except that the civil penalty amount shall
119119 16 be $3,000 for each violation of any provision of
120120 17 subsection (p) of Section 21, Section 22.38, Section
121121 18 22.51, Section 22.51a, or subsection (k) of Section 55
122122 19 that is the person's second or subsequent adjudication
123123 20 violation of that provision. The penalties shall be
124124 21 deposited into the Environmental Protection Trust Fund, to
125125 22 be used in accordance with the provisions of the
126126 23 Environmental Protection Trust Fund Act; except that if a
127127 24 unit of local government issued the administrative
128128 25 citation, 50% of the civil penalty shall be payable to the
129129 26 unit of local government.
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140140 1 (5) Any person who violates subsection 6 of Section
141141 2 39.5 of this Act or any CAAPP permit, or term or condition
142142 3 thereof, or any fee or filing requirement, or any duty to
143143 4 allow or carry out inspection, entry or monitoring
144144 5 activities, or any regulation or order relating to the
145145 6 CAAPP shall be liable for a civil penalty not to exceed
146146 7 $10,000 per day of violation.
147147 8 (6) Any owner or operator of a community water system
148148 9 that violates subsection (b) of Section 18.1 or subsection
149149 10 (a) of Section 25d-3 of this Act shall, for each day of
150150 11 violation, be liable for a civil penalty not to exceed $5
151151 12 for each of the premises connected to the affected
152152 13 community water system.
153153 14 (7) Any person who violates Section 52.5 of this Act
154154 15 shall be liable for a civil penalty of up to $1,000 for the
155155 16 first violation of that Section and a civil penalty of up
156156 17 to $2,500 for a second or subsequent violation of that
157157 18 Section.
158158 19 (b.5) In lieu of the penalties set forth in subsections
159159 20 (a) and (b) of this Section, any person who fails to file, in a
160160 21 timely manner, toxic chemical release forms with the Agency
161161 22 pursuant to Section 25b-2 of this Act shall be liable for a
162162 23 civil penalty of $100 per day for each day the forms are late,
163163 24 not to exceed a maximum total penalty of $6,000. This daily
164164 25 penalty shall begin accruing on the thirty-first day after the
165165 26 date that the person receives the warning notice issued by the
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176176 1 Agency pursuant to Section 25b-6 of this Act; and the penalty
177177 2 shall be paid to the Agency. The daily accrual of penalties
178178 3 shall cease as of January 1 of the following year. All
179179 4 penalties collected by the Agency pursuant to this subsection
180180 5 shall be deposited into the Environmental Protection Permit
181181 6 and Inspection Fund.
182182 7 (b.7) Unless required by federal law, no more than $50,000
183183 8 in civil penalties may be imposed under this Section or any
184184 9 other provision of this Act against a municipality for
185185 10 violations of Section 12(f), violations of NPDES permit terms
186186 11 and conditions, and violations of NPDES permit program rules.
187187 12 If the Agency brings an enforcement action under this Act
188188 13 against a municipality for a violation of Section 12(f), a
189189 14 violation of an NPDES permit term or condition, or a violation
190190 15 of an NPDES permit program rule, it is the affirmative
191191 16 obligation of the Agency (i) to provide the municipality with
192192 17 all technical assistance requested by the municipality and
193193 18 necessary to resolve the environmental condition that is
194194 19 responsible for the violation and (ii) to make available to
195195 20 the municipality financial assistance that the Agency is
196196 21 authorized under State or federal law to supply to the
197197 22 municipality to resolve that condition. Furthermore, before
198198 23 seeking civil penalties against a municipality under this Act
199199 24 or before taking any other legal action against a municipality
200200 25 under this Act, the Agency shall hold a public hearing within
201201 26 the municipality to explain the rationale for the enforcement
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212212 1 action. Public notice of the meeting shall be provided by
213213 2 publication of an advertisement in a newspaper of general
214214 3 circulation in the affected municipality.
215215 4 (c) Any person that violates this Act, any rule or
216216 5 regulation adopted under this Act, any permit or term or
217217 6 condition of a permit, or any Board order and causes the death
218218 7 of fish or aquatic life shall, in addition to the other
219219 8 penalties provided by this Act, be liable to pay to the State
220220 9 an additional sum for the reasonable value of the fish or
221221 10 aquatic life destroyed. Any money so recovered shall be placed
222222 11 in the Wildlife and Fish Fund in the State Treasury.
223223 12 (d) The penalties provided for in this Section may be
224224 13 recovered in a civil action.
225225 14 (e) The State's Attorney of the county in which the
226226 15 violation occurred, or the Attorney General, may, at the
227227 16 request of the Agency or on his own motion, institute a civil
228228 17 action for an injunction, prohibitory or mandatory, to
229229 18 restrain violations of this Act, any rule or regulation
230230 19 adopted under this Act, any permit or term or condition of a
231231 20 permit, or any Board order, or to require such other actions as
232232 21 may be necessary to address violations of this Act, any rule or
233233 22 regulation adopted under this Act, any permit or term or
234234 23 condition of a permit, or any Board order.
235235 24 (f) The State's Attorney of the county in which the
236236 25 violation occurred, or the Attorney General, shall bring such
237237 26 actions in the name of the people of the State of Illinois.
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248248 1 Without limiting any other authority which may exist for the
249249 2 awarding of attorney's fees and costs, the Board or a court of
250250 3 competent jurisdiction may award costs and reasonable
251251 4 attorney's fees, including the reasonable costs of expert
252252 5 witnesses and consultants, to the State's Attorney or the
253253 6 Attorney General in a case where he has prevailed against a
254254 7 person who has committed a willful, knowing, or repeated
255255 8 violation of this Act, any rule or regulation adopted under
256256 9 this Act, any permit or term or condition of a permit, or any
257257 10 Board order.
258258 11 Any funds collected under this subsection (f) in which the
259259 12 Attorney General has prevailed shall be deposited in the
260260 13 Hazardous Waste Fund created in Section 22.2 of this Act. Any
261261 14 funds collected under this subsection (f) in which a State's
262262 15 Attorney has prevailed shall be retained by the county in
263263 16 which he serves.
264264 17 (g) All final orders imposing civil penalties pursuant to
265265 18 this Section shall prescribe the time for payment of such
266266 19 penalties. If any such penalty is not paid within the time
267267 20 prescribed, interest on such penalty at the rate set forth in
268268 21 subsection (a) of Section 1003 of the Illinois Income Tax Act,
269269 22 shall be paid for the period from the date payment is due until
270270 23 the date payment is received. However, if the time for payment
271271 24 is stayed during the pendency of an appeal, interest shall not
272272 25 accrue during such stay.
273273 26 (h) In determining the appropriate civil penalty to be
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284284 1 imposed under subdivisions (a), (b)(1), (b)(2), (b)(3),
285285 2 (b)(5), (b)(6), or (b)(7) of this Section, the Board is
286286 3 authorized to consider any matters of record in mitigation or
287287 4 aggravation of penalty, including, but not limited to, the
288288 5 following factors:
289289 6 (1) the duration and gravity of the violation;
290290 7 (2) the presence or absence of due diligence on the
291291 8 part of the respondent in attempting to comply with
292292 9 requirements of this Act and regulations thereunder or to
293293 10 secure relief therefrom as provided by this Act;
294294 11 (3) any economic benefits accrued by the respondent
295295 12 because of delay in compliance with requirements, in which
296296 13 case the economic benefits shall be determined by the
297297 14 lowest cost alternative for achieving compliance;
298298 15 (4) the amount of monetary penalty which will serve to
299299 16 deter further violations by the respondent and to
300300 17 otherwise aid in enhancing voluntary compliance with this
301301 18 Act by the respondent and other persons similarly subject
302302 19 to the Act;
303303 20 (5) the number, proximity in time, and gravity of
304304 21 previously adjudicated violations of this Act by the
305305 22 respondent;
306306 23 (6) whether the respondent voluntarily self-disclosed,
307307 24 in accordance with subsection (i) of this Section, the
308308 25 non-compliance to the Agency;
309309 26 (7) whether the respondent has agreed to undertake a
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320320 1 "supplemental environmental project", which means an
321321 2 environmentally beneficial project that a respondent
322322 3 agrees to undertake in settlement of an enforcement action
323323 4 brought under this Act, but which the respondent is not
324324 5 otherwise legally required to perform; and
325325 6 (8) whether the respondent has successfully completed
326326 7 a Compliance Commitment Agreement under subsection (a) of
327327 8 Section 31 of this Act to remedy the violations that are
328328 9 the subject of the complaint.
329329 10 In determining the appropriate civil penalty to be imposed
330330 11 under subsection (a) or paragraph (1), (2), (3), (5), (6), or
331331 12 (7) of subsection (b) of this Section, the Board shall ensure,
332332 13 in all cases, that the penalty is at least as great as the
333333 14 economic benefits, if any, accrued by the respondent as a
334334 15 result of the violation, unless the Board finds that
335335 16 imposition of such penalty would result in an arbitrary or
336336 17 unreasonable financial hardship. However, such civil penalty
337337 18 may be off-set in whole or in part pursuant to a supplemental
338338 19 environmental project agreed to by the complainant and the
339339 20 respondent.
340340 21 (i) A person who voluntarily self-discloses non-compliance
341341 22 to the Agency, of which the Agency had been unaware, is
342342 23 entitled to a 100% reduction in the portion of the penalty that
343343 24 is not based on the economic benefit of non-compliance if the
344344 25 person can establish the following:
345345 26 (1) that either the regulated entity is a small entity
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356356 1 or the non-compliance was discovered through an
357357 2 environmental audit or a compliance management system
358358 3 documented by the regulated entity as reflecting the
359359 4 regulated entity's due diligence in preventing, detecting,
360360 5 and correcting violations;
361361 6 (2) that the non-compliance was disclosed in writing
362362 7 within 30 days of the date on which the person discovered
363363 8 it;
364364 9 (3) that the non-compliance was discovered and
365365 10 disclosed prior to:
366366 11 (i) the commencement of an Agency inspection,
367367 12 investigation, or request for information;
368368 13 (ii) notice of a citizen suit;
369369 14 (iii) the filing of a complaint by a citizen, the
370370 15 Illinois Attorney General, or the State's Attorney of
371371 16 the county in which the violation occurred;
372372 17 (iv) the reporting of the non-compliance by an
373373 18 employee of the person without that person's
374374 19 knowledge; or
375375 20 (v) imminent discovery of the non-compliance by
376376 21 the Agency;
377377 22 (4) that the non-compliance is being corrected and any
378378 23 environmental harm is being remediated in a timely
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380380 25 (5) that the person agrees to prevent a recurrence of
381381 26 the non-compliance;
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392392 1 (6) that no related non-compliance events have
393393 2 occurred in the past 3 years at the same facility or in the
394394 3 past 5 years as part of a pattern at multiple facilities
395395 4 owned or operated by the person;
396396 5 (7) that the non-compliance did not result in serious
397397 6 actual harm or present an imminent and substantial
398398 7 endangerment to human health or the environment or violate
399399 8 the specific terms of any judicial or administrative order
400400 9 or consent agreement;
401401 10 (8) that the person cooperates as reasonably requested
402402 11 by the Agency after the disclosure; and
403403 12 (9) that the non-compliance was identified voluntarily
404404 13 and not through a monitoring, sampling, or auditing
405405 14 procedure that is required by statute, rule, permit,
406406 15 judicial or administrative order, or consent agreement.
407407 16 If a person can establish all of the elements under this
408408 17 subsection except the element set forth in paragraph (1) of
409409 18 this subsection, the person is entitled to a 75% reduction in
410410 19 the portion of the penalty that is not based upon the economic
411411 20 benefit of non-compliance.
412412 21 For the purposes of this subsection (i), "small entity"
413413 22 has the same meaning as in Section 221 of the federal Small
414414 23 Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C.
415415 24 601).
416416 25 (j) In addition to any other remedy or penalty that may
417417 26 apply, whether civil or criminal, any person who violates
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428428 1 Section 22.52 of this Act shall be liable for an additional
429429 2 civil penalty of up to 3 times the gross amount of any
430430 3 pecuniary gain resulting from the violation.
431431 4 (k) In addition to any other remedy or penalty that may
432432 5 apply, whether civil or criminal, any person who violates
433433 6 subdivision (a)(7.6) of Section 31 of this Act shall be liable
434434 7 for an additional civil penalty of $2,000.
435435 8 (Source: P.A. 102-310, eff. 8-6-21.)
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