Illinois 2025-2026 Regular Session

Illinois House Bill HB3029 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3029 Introduced , by Rep. Janet Yang Rohr SYNOPSIS AS INTRODUCED: 415 ILCS 5/22.15415 ILCS 5/22.64 new415 ILCS 5/42 from Ch. 111 1/2, par. 1042 Amends the Environmental Protection Act. Provides that a food dispensing establishment may provide single-use foodware only upon the request of a customer or at a self-service station. Specifies that food dispensing establishments shall provide options for customers to affirmatively request single-use foodware when ordering food and beverages for delivery or take-out across all ordering or point of sale platforms, including internet-enabled applications, digital platforms, phone orders, and in-person ordering. Exempts certain types of foodware and certain types of facilities from the provisions of the amendatory Act. Provides that the owner or operator of a food service establishment that violates these provisions is to be assessed a civil penalty. Directs civil penalties imposed for violations of these provisions to be deposited into the Solid Waste Management Fund for use by the Agency for the purposes of expanding and funding climate-related programs and pollution-related programs. Makes other changes. LRB104 09341 BDA 19399 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3029 Introduced , by Rep. Janet Yang Rohr SYNOPSIS AS INTRODUCED: 415 ILCS 5/22.15415 ILCS 5/22.64 new415 ILCS 5/42 from Ch. 111 1/2, par. 1042 415 ILCS 5/22.15 415 ILCS 5/22.64 new 415 ILCS 5/42 from Ch. 111 1/2, par. 1042 Amends the Environmental Protection Act. Provides that a food dispensing establishment may provide single-use foodware only upon the request of a customer or at a self-service station. Specifies that food dispensing establishments shall provide options for customers to affirmatively request single-use foodware when ordering food and beverages for delivery or take-out across all ordering or point of sale platforms, including internet-enabled applications, digital platforms, phone orders, and in-person ordering. Exempts certain types of foodware and certain types of facilities from the provisions of the amendatory Act. Provides that the owner or operator of a food service establishment that violates these provisions is to be assessed a civil penalty. Directs civil penalties imposed for violations of these provisions to be deposited into the Solid Waste Management Fund for use by the Agency for the purposes of expanding and funding climate-related programs and pollution-related programs. Makes other changes. LRB104 09341 BDA 19399 b LRB104 09341 BDA 19399 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3029 Introduced , by Rep. Janet Yang Rohr SYNOPSIS AS INTRODUCED:
3	3	415 ILCS 5/22.15415 ILCS 5/22.64 new415 ILCS 5/42 from Ch. 111 1/2, par. 1042 415 ILCS 5/22.15 415 ILCS 5/22.64 new 415 ILCS 5/42 from Ch. 111 1/2, par. 1042
4	4	415 ILCS 5/22.15
5	5	415 ILCS 5/22.64 new
6	6	415 ILCS 5/42 from Ch. 111 1/2, par. 1042
7	7	Amends the Environmental Protection Act. Provides that a food dispensing establishment may provide single-use foodware only upon the request of a customer or at a self-service station. Specifies that food dispensing establishments shall provide options for customers to affirmatively request single-use foodware when ordering food and beverages for delivery or take-out across all ordering or point of sale platforms, including internet-enabled applications, digital platforms, phone orders, and in-person ordering. Exempts certain types of foodware and certain types of facilities from the provisions of the amendatory Act. Provides that the owner or operator of a food service establishment that violates these provisions is to be assessed a civil penalty. Directs civil penalties imposed for violations of these provisions to be deposited into the Solid Waste Management Fund for use by the Agency for the purposes of expanding and funding climate-related programs and pollution-related programs. Makes other changes.
8	8	LRB104 09341 BDA 19399 b LRB104 09341 BDA 19399 b
9	9	LRB104 09341 BDA 19399 b
10	10	A BILL FOR
11	11	HB3029LRB104 09341 BDA 19399 b HB3029 LRB104 09341 BDA 19399 b
12	12	HB3029 LRB104 09341 BDA 19399 b
13	13	1 AN ACT concerning safety.
14	14	2 Be it enacted by the People of the State of Illinois,
15	15	3 represented in the General Assembly:
16	16	4 Section 5. The Environmental Protection Act is amended by
17	17	5 adding Sections 22.15, 22.64, and 42 as follows:
18	18	6 (415 ILCS 5/22.15)
19	19	7 Sec. 22.15. Solid Waste Management Fund; fees.
20	20	8 (a) There is hereby created within the State Treasury a
21	21	9 special fund to be known as the Solid Waste Management Fund, to
22	22	10 be constituted from the fees collected by the State pursuant
23	23	11 to this Section, from repayments of loans made from the Fund
24	24	12 for solid waste projects, from registration fees collected
25	25	13 pursuant to the Consumer Electronics Recycling Act, from fees
26	26	14 collected under the Paint Stewardship Act, from civil
27	27	15 penalties imposed for violations of Section 22.64, and from
28	28	16 amounts transferred into the Fund pursuant to Public Act
29	29	17 100-433. Moneys received by either the Agency or the
30	30	18 Department of Commerce and Economic Opportunity in repayment
31	31	19 of loans made pursuant to the Illinois Solid Waste Management
32	32	20 Act shall be deposited into the General Revenue Fund.
33	33	21 (b) The Agency shall assess and collect a fee in the amount
34	34	22 set forth herein from the owner or operator of each sanitary
35	35	23 landfill permitted or required to be permitted by the Agency
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39	39	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3029 Introduced , by Rep. Janet Yang Rohr SYNOPSIS AS INTRODUCED:
40	40	415 ILCS 5/22.15415 ILCS 5/22.64 new415 ILCS 5/42 from Ch. 111 1/2, par. 1042 415 ILCS 5/22.15 415 ILCS 5/22.64 new 415 ILCS 5/42 from Ch. 111 1/2, par. 1042
41	41	415 ILCS 5/22.15
42	42	415 ILCS 5/22.64 new
43	43	415 ILCS 5/42 from Ch. 111 1/2, par. 1042
44	44	Amends the Environmental Protection Act. Provides that a food dispensing establishment may provide single-use foodware only upon the request of a customer or at a self-service station. Specifies that food dispensing establishments shall provide options for customers to affirmatively request single-use foodware when ordering food and beverages for delivery or take-out across all ordering or point of sale platforms, including internet-enabled applications, digital platforms, phone orders, and in-person ordering. Exempts certain types of foodware and certain types of facilities from the provisions of the amendatory Act. Provides that the owner or operator of a food service establishment that violates these provisions is to be assessed a civil penalty. Directs civil penalties imposed for violations of these provisions to be deposited into the Solid Waste Management Fund for use by the Agency for the purposes of expanding and funding climate-related programs and pollution-related programs. Makes other changes.
45	45	LRB104 09341 BDA 19399 b LRB104 09341 BDA 19399 b
46	46	LRB104 09341 BDA 19399 b
47	47	A BILL FOR
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53	53	415 ILCS 5/22.15
54	54	415 ILCS 5/22.64 new
55	55	415 ILCS 5/42 from Ch. 111 1/2, par. 1042
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74	74	1 to dispose of solid waste if the sanitary landfill is located
75	75	2 off the site where such waste was produced and if such sanitary
76	76	3 landfill is owned, controlled, and operated by a person other
77	77	4 than the generator of such waste. The Agency shall deposit all
78	78	5 fees collected into the Solid Waste Management Fund. If a site
79	79	6 is contiguous to one or more landfills owned or operated by the
80	80	7 same person, the volumes permanently disposed of by each
81	81	8 landfill shall be combined for purposes of determining the fee
82	82	9 under this subsection. Beginning on July 1, 2018, and on the
83	83	10 first day of each month thereafter during fiscal years 2019
84	84	11 through 2025, the State Comptroller shall direct and State
85	85	12 Treasurer shall transfer an amount equal to 1/12 of $5,000,000
86	86	13 per fiscal year from the Solid Waste Management Fund to the
87	87	14 General Revenue Fund.
88	88	15 (1) If more than 150,000 cubic yards of non-hazardous
89	89	16 solid waste is permanently disposed of at a site in a
90	90	17 calendar year, the owner or operator shall either pay a
91	91	18 fee of 95 cents per cubic yard or, alternatively, the
92	92	19 owner or operator may weigh the quantity of the solid
93	93	20 waste permanently disposed of with a device for which
94	94	21 certification has been obtained under the Weights and
95	95	22 Measures Act and pay a fee of $2.00 per ton of solid waste
96	96	23 permanently disposed of. In no case shall the fee
97	97	24 collected or paid by the owner or operator under this
98	98	25 paragraph exceed $1.55 per cubic yard or $3.27 per ton.
99	99	26 (2) If more than 100,000 cubic yards but not more than
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110	110	1 150,000 cubic yards of non-hazardous waste is permanently
111	111	2 disposed of at a site in a calendar year, the owner or
112	112	3 operator shall pay a fee of $52,630.
113	113	4 (3) If more than 50,000 cubic yards but not more than
114	114	5 100,000 cubic yards of non-hazardous solid waste is
115	115	6 permanently disposed of at a site in a calendar year, the
116	116	7 owner or operator shall pay a fee of $23,790.
117	117	8 (4) If more than 10,000 cubic yards but not more than
118	118	9 50,000 cubic yards of non-hazardous solid waste is
119	119	10 permanently disposed of at a site in a calendar year, the
120	120	11 owner or operator shall pay a fee of $7,260.
121	121	12 (5) If not more than 10,000 cubic yards of
122	122	13 non-hazardous solid waste is permanently disposed of at a
123	123	14 site in a calendar year, the owner or operator shall pay a
124	124	15 fee of $1050.
125	125	16 (c) (Blank).
126	126	17 (d) The Agency shall establish rules relating to the
127	127	18 collection of the fees authorized by this Section. Such rules
128	128	19 shall include, but not be limited to:
129	129	20 (1) necessary records identifying the quantities of
130	130	21 solid waste received or disposed;
131	131	22 (2) the form and submission of reports to accompany
132	132	23 the payment of fees to the Agency;
133	133	24 (3) the time and manner of payment of fees to the
134	134	25 Agency, which payments shall not be more often than
135	135	26 quarterly; and
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146	146	1 (4) procedures setting forth criteria establishing
147	147	2 when an owner or operator may measure by weight or volume
148	148	3 during any given quarter or other fee payment period.
149	149	4 (e) Pursuant to appropriation, all monies in the Solid
150	150	5 Waste Management Fund shall be used by the Agency for the
151	151	6 purposes set forth in this Section and Section 22.64 and for
152	152	7 the purposes set forth in the Illinois Solid Waste Management
153	153	8 Act, including for the costs of fee collection and
154	154	9 administration, for administration of the Paint Stewardship
155	155	10 Act, and for the administration of the Consumer Electronics
156	156	11 Recycling Act, the Drug Take-Back Act, and the Statewide
157	157	12 Recycling Needs Assessment Act.
158	158	13 (f) The Agency is authorized to enter into such agreements
159	159	14 and to promulgate such rules as are necessary to carry out its
160	160	15 duties under this Section and the Illinois Solid Waste
161	161	16 Management Act.
162	162	17 (g) On the first day of January, April, July, and October
163	163	18 of each year, beginning on July 1, 1996, the State Comptroller
164	164	19 and Treasurer shall transfer $500,000 from the Solid Waste
165	165	20 Management Fund to the Hazardous Waste Fund. Moneys
166	166	21 transferred under this subsection (g) shall be used only for
167	167	22 the purposes set forth in item (1) of subsection (d) of Section
168	168	23 22.2.
169	169	24 (h) The Agency is authorized to provide financial
170	170	25 assistance to units of local government for the performance of
171	171	26 inspecting, investigating, and enforcement activities pursuant
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182	182	1 to subsection (r) of Section 4 at nonhazardous solid waste
183	183	2 disposal sites.
184	184	3 (i) The Agency is authorized to conduct household waste
185	185	4 collection and disposal programs.
186	186	5 (j) A unit of local government, as defined in the Local
187	187	6 Solid Waste Disposal Act, in which a solid waste disposal
188	188	7 facility is located may establish a fee, tax, or surcharge
189	189	8 with regard to the permanent disposal of solid waste. All
190	190	9 fees, taxes, and surcharges collected under this subsection
191	191	10 shall be utilized for solid waste management purposes,
192	192	11 including long-term monitoring and maintenance of landfills,
193	193	12 planning, implementation, inspection, enforcement and other
194	194	13 activities consistent with the Illinois Solid Waste Management
195	195	14 Act and the Local Solid Waste Disposal Act, or for any other
196	196	15 environment-related purpose, including, but not limited to, an
197	197	16 environment-related public works project, but not for the
198	198	17 construction of a new pollution control facility other than a
199	199	18 household hazardous waste facility. However, the total fee,
200	200	19 tax or surcharge imposed by all units of local government
201	201	20 under this subsection (j) upon the solid waste disposal
202	202	21 facility shall not exceed:
203	203	22 (1) 60 per cubic yard if more than 150,000 cubic
204	204	23 yards of non-hazardous solid waste is permanently disposed
205	205	24 of at the site in a calendar year, unless the owner or
206	206	25 operator weighs the quantity of the solid waste received
207	207	26 with a device for which certification has been obtained
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218	218	1 under the Weights and Measures Act, in which case the fee
219	219	2 shall not exceed $1.27 per ton of solid waste permanently
220	220	3 disposed of.
221	221	4 (2) $33,350 if more than 100,000 cubic yards, but not
222	222	5 more than 150,000 cubic yards, of non-hazardous waste is
223	223	6 permanently disposed of at the site in a calendar year.
224	224	7 (3) $15,500 if more than 50,000 cubic yards, but not
225	225	8 more than 100,000 cubic yards, of non-hazardous solid
226	226	9 waste is permanently disposed of at the site in a calendar
227	227	10 year.
228	228	11 (4) $4,650 if more than 10,000 cubic yards, but not
229	229	12 more than 50,000 cubic yards, of non-hazardous solid waste
230	230	13 is permanently disposed of at the site in a calendar year.
231	231	14 (5) $650 if not more than 10,000 cubic yards of
232	232	15 non-hazardous solid waste is permanently disposed of at
233	233	16 the site in a calendar year.
234	234	17 The corporate authorities of the unit of local government
235	235	18 may use proceeds from the fee, tax, or surcharge to reimburse a
236	236	19 highway commissioner whose road district lies wholly or
237	237	20 partially within the corporate limits of the unit of local
238	238	21 government for expenses incurred in the removal of
239	239	22 nonhazardous, nonfluid municipal waste that has been dumped on
240	240	23 public property in violation of a State law or local
241	241	24 ordinance.
242	242	25 For the disposal of solid waste from general construction
243	243	26 or demolition debris recovery facilities as defined in
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254	254	1 subsection (a-1) of Section 3.160, the total fee, tax, or
255	255	2 surcharge imposed by all units of local government under this
256	256	3 subsection (j) upon the solid waste disposal facility shall
257	257	4 not exceed 50% of the applicable amount set forth above. A unit
258	258	5 of local government, as defined in the Local Solid Waste
259	259	6 Disposal Act, in which a general construction or demolition
260	260	7 debris recovery facility is located may establish a fee, tax,
261	261	8 or surcharge on the general construction or demolition debris
262	262	9 recovery facility with regard to the permanent disposal of
263	263	10 solid waste by the general construction or demolition debris
264	264	11 recovery facility at a solid waste disposal facility, provided
265	265	12 that such fee, tax, or surcharge shall not exceed 50% of the
266	266	13 applicable amount set forth above, based on the total amount
267	267	14 of solid waste transported from the general construction or
268	268	15 demolition debris recovery facility for disposal at solid
269	269	16 waste disposal facilities, and the unit of local government
270	270	17 and fee shall be subject to all other requirements of this
271	271	18 subsection (j).
272	272	19 A county or Municipal Joint Action Agency that imposes a
273	273	20 fee, tax, or surcharge under this subsection may use the
274	274	21 proceeds thereof to reimburse a municipality that lies wholly
275	275	22 or partially within its boundaries for expenses incurred in
276	276	23 the removal of nonhazardous, nonfluid municipal waste that has
277	277	24 been dumped on public property in violation of a State law or
278	278	25 local ordinance.
279	279	26 If the fees are to be used to conduct a local sanitary
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290	290	1 landfill inspection or enforcement program, the unit of local
291	291	2 government must enter into a written delegation agreement with
292	292	3 the Agency pursuant to subsection (r) of Section 4. The unit of
293	293	4 local government and the Agency shall enter into such a
294	294	5 written delegation agreement within 60 days after the
295	295	6 establishment of such fees. At least annually, the Agency
296	296	7 shall conduct an audit of the expenditures made by units of
297	297	8 local government from the funds granted by the Agency to the
298	298	9 units of local government for purposes of local sanitary
299	299	10 landfill inspection and enforcement programs, to ensure that
300	300	11 the funds have been expended for the prescribed purposes under
301	301	12 the grant.
302	302	13 The fees, taxes or surcharges collected under this
303	303	14 subsection (j) shall be placed by the unit of local government
304	304	15 in a separate fund, and the interest received on the moneys in
305	305	16 the fund shall be credited to the fund. The monies in the fund
306	306	17 may be accumulated over a period of years to be expended in
307	307	18 accordance with this subsection.
308	308	19 A unit of local government, as defined in the Local Solid
309	309	20 Waste Disposal Act, shall prepare and post on its website, in
310	310	21 April of each year, a report that details spending plans for
311	311	22 monies collected in accordance with this subsection. The
312	312	23 report will at a minimum include the following:
313	313	24 (1) The total monies collected pursuant to this
314	314	25 subsection.
315	315	26 (2) The most current balance of monies collected
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326	326	1 pursuant to this subsection.
327	327	2 (3) An itemized accounting of all monies expended for
328	328	3 the previous year pursuant to this subsection.
329	329	4 (4) An estimation of monies to be collected for the
330	330	5 following 3 years pursuant to this subsection.
331	331	6 (5) A narrative detailing the general direction and
332	332	7 scope of future expenditures for one, 2 and 3 years.
333	333	8 The exemptions granted under Sections 22.16 and 22.16a,
334	334	9 and under subsection (k) of this Section, shall be applicable
335	335	10 to any fee, tax or surcharge imposed under this subsection
336	336	11 (j); except that the fee, tax or surcharge authorized to be
337	337	12 imposed under this subsection (j) may be made applicable by a
338	338	13 unit of local government to the permanent disposal of solid
339	339	14 waste after December 31, 1986, under any contract lawfully
340	340	15 executed before June 1, 1986 under which more than 150,000
341	341	16 cubic yards (or 50,000 tons) of solid waste is to be
342	342	17 permanently disposed of, even though the waste is exempt from
343	343	18 the fee imposed by the State under subsection (b) of this
344	344	19 Section pursuant to an exemption granted under Section 22.16.
345	345	20 (k) In accordance with the findings and purposes of the
346	346	21 Illinois Solid Waste Management Act, beginning January 1, 1989
347	347	22 the fee under subsection (b) and the fee, tax or surcharge
348	348	23 under subsection (j) shall not apply to:
349	349	24 (1) waste which is hazardous waste;
350	350	25 (2) waste which is pollution control waste;
351	351	26 (3) waste from recycling, reclamation or reuse
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362	362	1 processes which have been approved by the Agency as being
363	363	2 designed to remove any contaminant from wastes so as to
364	364	3 render such wastes reusable, provided that the process
365	365	4 renders at least 50% of the waste reusable; the exemption
366	366	5 set forth in this paragraph (3) of this subsection (k)
367	367	6 shall not apply to general construction or demolition
368	368	7 debris recovery facilities as defined in subsection (a-1)
369	369	8 of Section 3.160;
370	370	9 (4) non-hazardous solid waste that is received at a
371	371	10 sanitary landfill and composted or recycled through a
372	372	11 process permitted by the Agency; or
373	373	12 (5) any landfill which is permitted by the Agency to
374	374	13 receive only demolition or construction debris or
375	375	14 landscape waste.
376	376	15 (Source: P.A. 102-16, eff. 6-17-21; 102-310, eff. 8-6-21;
377	377	16 102-444, eff. 8-20-21; 102-699, eff. 4-19-22; 102-813, eff.
378	378	17 5-13-22; 102-1055, eff. 6-10-22; 103-8, eff. 6-7-23; 103-154,
379	379	18 eff. 6-30-23; 103-372, eff. 1-1-24; 103-383, eff. 7-28-23;
380	380	19 103-588, eff. 6-5-24; 103-605, eff. 7-1-24.)
381	381	20 (415 ILCS 5/22.64 new)
382	382	21 Sec. 22.64. Single-use foodware.
383	383	22 (a) As used in this Section:
384	384	23 "Self-service station" means an area dedicated to
385	385	24 customers taking away single-use foodware and condiments.
386	386	25 "Single-use foodware" means an eating utensil or other
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397	397	1 item to be used as part of food or beverage service that is
398	398	2 designed and intended by the manufacturer for only one usage
399	399	3 before being discarded, including, but not limited to, forks,
400	400	4 spoons, sporks, knives, chopsticks, other eating utensils,
401	401	5 stirrers, drink stoppers, splash sticks, cocktail sticks,
402	402	6 toothpicks, napkins, wet-wipes, cup sleeves, beverage trays,
403	403	7 disposable plates, and condiment packets. "Single-use
404	404	8 foodware" does not include straws, lids for hot beverages, or
405	405	9 items used to contain or package food or beverages for
406	406	10 delivery or take-out orders.
407	407	11 (b) In connection with any delivery or take-out order of
408	408	12 food or beverage, a food dispensing establishment may only
409	409	13 provide single-use foodware upon request from the customer or
410	410	14 at a self-service station. Food dispensing establishments
411	411	15 shall provide options for customers to affirmatively request
412	412	16 single-use foodware when ordering food and beverages for
413	413	17 delivery or take-out across all ordering or point of sale
414	414	18 platforms, including internet enabled applications, digital
415	415	19 platforms, phone orders, and in-person ordering. The Agency is
416	416	20 authorized to establish, by rule, a standard, language
417	417	21 accessible sign for use by food dispensing establishments in
418	418	22 connection with this Section. The requirements of this Section
419	419	23 are subject to any applicable public health order.
420	420	24 (c) This Section does not apply to:
421	421	25 (1) single-use foodware necessary to address safety
422	422	26 concerns, such as lids, drink stoppers, beverage trays,
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433	433	1 and cup sleeves for beverages served at an average
434	434	2 temperature in excess of 170 degrees Fahrenheit;
435	435	3 (2) an automatic food vending machine;
436	436	4 (3) any single-use foodware that is prepackaged with
437	437	5 or attached to any food or beverage products by the
438	438	6 manufacturer prior to receipt by the food dispensing
439	439	7 establishment;
440	440	8 (4) any charitable food dispensing establishment;
441	441	9 (5) any food dispensing establishment located at
442	442	10 Illinois airports;
443	443	11 (6) medical facilities, which include, but are not
444	444	12 limited to, long-term care facilities, State hospitals,
445	445	13 and senior nursing homes; or
446	446	14 (7) a food dispensing establishment granted a waiver
447	447	15 from the Agency, in accordance with rules adopted by the
448	448	16 Agency.
449	449	17 (d) Notwithstanding any other provision of this Act, civil
450	450	18 penalties imposed for violations of this Section must be
451	451	19 deposited into the Solid Waste Management Fund for use by the
452	452	20 Agency for the purposes of expanding and funding
453	453	21 climate-related programs and pollution-related programs.
454	454	22 (415 ILCS 5/42) (from Ch. 111 1/2, par. 1042)
455	455	23 Sec. 42. Civil penalties.
456	456	24 (a) Except as provided in this Section, any person that
457	457	25 violates any provision of this Act or any regulation adopted
458	458
459	459
460	460
461	461
462	462
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464	464
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468	468	1 by the Board, or any permit or term or condition thereof, or
469	469	2 that violates any order of the Board pursuant to this Act,
470	470	3 shall be liable for a civil penalty of not to exceed $50,000
471	471	4 for the violation and an additional civil penalty of not to
472	472	5 exceed $10,000 for each day during which the violation
473	473	6 continues; such penalties may, upon order of the Board or a
474	474	7 court of competent jurisdiction, be made payable to the
475	475	8 Environmental Protection Trust Fund, to be used in accordance
476	476	9 with the provisions of the Environmental Protection Trust Fund
477	477	10 Act.
478	478	11 (b) Notwithstanding the provisions of subsection (a) of
479	479	12 this Section:
480	480	13 (1) Any person that violates Section 12(f) of this Act
481	481	14 or any NPDES permit or term or condition thereof, or any
482	482	15 filing requirement, regulation or order relating to the
483	483	16 NPDES permit program, shall be liable to a civil penalty
484	484	17 of not to exceed $10,000 per day of violation.
485	485	18 (2) Any person that violates Section 12(g) of this Act
486	486	19 or any UIC permit or term or condition thereof, or any
487	487	20 filing requirement, regulation or order relating to the
488	488	21 State UIC program for all wells, except Class II wells as
489	489	22 defined by the Board under this Act, shall be liable to a
490	490	23 civil penalty not to exceed $2,500 per day of violation;
491	491	24 provided, however, that any person who commits such
492	492	25 violations relating to the State UIC program for Class II
493	493	26 wells, as defined by the Board under this Act, shall be
494	494
495	495
496	496
497	497
498	498
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500	500
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504	504	1 liable to a civil penalty of not to exceed $10,000 for the
505	505	2 violation and an additional civil penalty of not to exceed
506	506	3 $1,000 for each day during which the violation continues.
507	507	4 (3) Any person that violates Sections 21(f), 21(g),
508	508	5 21(h) or 21(i) of this Act, or any RCRA permit or term or
509	509	6 condition thereof, or any filing requirement, regulation
510	510	7 or order relating to the State RCRA program, shall be
511	511	8 liable to a civil penalty of not to exceed $25,000 per day
512	512	9 of violation.
513	513	10 (4) In an administrative citation action under Section
514	514	11 31.1 of this Act, any person found to have violated any
515	515	12 provision of subsection (o) of Section 21 of this Act
516	516	13 shall pay a civil penalty of $500 for each violation of
517	517	14 each such provision, plus any hearing costs incurred by
518	518	15 the Board and the Agency. Such penalties shall be made
519	519	16 payable to the Environmental Protection Trust Fund, to be
520	520	17 used in accordance with the provisions of the
521	521	18 Environmental Protection Trust Fund Act; except that if a
522	522	19 unit of local government issued the administrative
523	523	20 citation, 50% of the civil penalty shall be payable to the
524	524	21 unit of local government.
525	525	22 (4-5) In an administrative citation action under
526	526	23 Section 31.1 of this Act, any person found to have
527	527	24 violated any provision of subsection (p) of Section 21,
528	528	25 Section 22.38, Section 22.51, Section 22.51a, or
529	529	26 subsection (k) of Section 55 of this Act shall pay a civil
530	530
531	531
532	532
533	533
534	534
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536	536
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540	540	1 penalty of $1,500 for each violation of each such
541	541	2 provision, plus any hearing costs incurred by the Board
542	542	3 and the Agency, except that the civil penalty amount shall
543	543	4 be $3,000 for each violation of any provision of
544	544	5 subsection (p) of Section 21, Section 22.38, Section
545	545	6 22.51, Section 22.51a, or subsection (k) of Section 55
546	546	7 that is the person's second or subsequent adjudication
547	547	8 violation of that provision. The penalties shall be
548	548	9 deposited into the Environmental Protection Trust Fund, to
549	549	10 be used in accordance with the provisions of the
550	550	11 Environmental Protection Trust Fund Act; except that if a
551	551	12 unit of local government issued the administrative
552	552	13 citation, 50% of the civil penalty shall be payable to the
553	553	14 unit of local government.
554	554	15 (5) Any person who violates subsection 6 of Section
555	555	16 39.5 of this Act or any CAAPP permit, or term or condition
556	556	17 thereof, or any fee or filing requirement, or any duty to
557	557	18 allow or carry out inspection, entry or monitoring
558	558	19 activities, or any regulation or order relating to the
559	559	20 CAAPP shall be liable for a civil penalty not to exceed
560	560	21 $10,000 per day of violation.
561	561	22 (6) Any owner or operator of a community water system
562	562	23 that violates subsection (b) of Section 18.1 or subsection
563	563	24 (a) of Section 25d-3 of this Act shall, for each day of
564	564	25 violation, be liable for a civil penalty not to exceed $5
565	565	26 for each of the premises connected to the affected
566	566
567	567
568	568
569	569
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576	576	1 community water system.
577	577	2 (7) Any person who violates Section 52.5 of this Act
578	578	3 shall be liable for a civil penalty of up to $1,000 for the
579	579	4 first violation of that Section and a civil penalty of up
580	580	5 to $2,500 for a second or subsequent violation of that
581	581	6 Section.
582	582	7 (8) The owner or operator of a food service
583	583	8 establishment shall be liable for a civil penalty of no
584	584	9 less than $200 per day and no more than $2,000 per day for
585	585	10 each day single-use food service products are provided in
586	586	11 violation of Section 22.64. The Agency must issue at least
587	587	12 2 notices of violation by certified mail before assessing
588	588	13 a penalty under this paragraph (8).
589	589	14 (b.5) In lieu of the penalties set forth in subsections
590	590	15 (a) and (b) of this Section, any person who fails to file, in a
591	591	16 timely manner, toxic chemical release forms with the Agency
592	592	17 pursuant to Section 25b-2 of this Act shall be liable for a
593	593	18 civil penalty of $100 per day for each day the forms are late,
594	594	19 not to exceed a maximum total penalty of $6,000. This daily
595	595	20 penalty shall begin accruing on the thirty-first day after the
596	596	21 date that the person receives the warning notice issued by the
597	597	22 Agency pursuant to Section 25b-6 of this Act; and the penalty
598	598	23 shall be paid to the Agency. The daily accrual of penalties
599	599	24 shall cease as of January 1 of the following year. All
600	600	25 penalties collected by the Agency pursuant to this subsection
601	601	26 shall be deposited into the Environmental Protection Permit
602	602
603	603
604	604
605	605
606	606
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612	612	1 and Inspection Fund.
613	613	2 (c) Any person that violates this Act, any rule or
614	614	3 regulation adopted under this Act, any permit or term or
615	615	4 condition of a permit, or any Board order and causes the death
616	616	5 of fish or aquatic life shall, in addition to the other
617	617	6 penalties provided by this Act, be liable to pay to the State
618	618	7 an additional sum for the reasonable value of the fish or
619	619	8 aquatic life destroyed. Any money so recovered shall be placed
620	620	9 in the Wildlife and Fish Fund in the State Treasury.
621	621	10 (d) The penalties provided for in this Section may be
622	622	11 recovered in a civil action.
623	623	12 (e) The State's Attorney of the county in which the
624	624	13 violation occurred, or the Attorney General, may, at the
625	625	14 request of the Agency or on his own motion, institute a civil
626	626	15 action for an injunction, prohibitory or mandatory, to
627	627	16 restrain violations of this Act, any rule or regulation
628	628	17 adopted under this Act, any permit or term or condition of a
629	629	18 permit, or any Board order, or to require such other actions as
630	630	19 may be necessary to address violations of this Act, any rule or
631	631	20 regulation adopted under this Act, any permit or term or
632	632	21 condition of a permit, or any Board order.
633	633	22 (f) The State's Attorney of the county in which the
634	634	23 violation occurred, or the Attorney General, shall bring such
635	635	24 actions in the name of the people of the State of Illinois.
636	636	25 Without limiting any other authority which may exist for the
637	637	26 awarding of attorney's fees and costs, the Board or a court of
638	638
639	639
640	640
641	641
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644	644
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648	648	1 competent jurisdiction may award costs and reasonable
649	649	2 attorney's fees, including the reasonable costs of expert
650	650	3 witnesses and consultants, to the State's Attorney or the
651	651	4 Attorney General in a case where he has prevailed against a
652	652	5 person who has committed a willful, knowing, or repeated
653	653	6 violation of this Act, any rule or regulation adopted under
654	654	7 this Act, any permit or term or condition of a permit, or any
655	655	8 Board order.
656	656	9 Any funds collected under this subsection (f) in which the
657	657	10 Attorney General has prevailed shall be deposited in the
658	658	11 Hazardous Waste Fund created in Section 22.2 of this Act. Any
659	659	12 funds collected under this subsection (f) in which a State's
660	660	13 Attorney has prevailed shall be retained by the county in
661	661	14 which he serves.
662	662	15 (g) All final orders imposing civil penalties pursuant to
663	663	16 this Section shall prescribe the time for payment of such
664	664	17 penalties. If any such penalty is not paid within the time
665	665	18 prescribed, interest on such penalty at the rate set forth in
666	666	19 subsection (a) of Section 1003 of the Illinois Income Tax Act,
667	667	20 shall be paid for the period from the date payment is due until
668	668	21 the date payment is received. However, if the time for payment
669	669	22 is stayed during the pendency of an appeal, interest shall not
670	670	23 accrue during such stay.
671	671	24 (h) In determining the appropriate civil penalty to be
672	672	25 imposed under subdivisions (a), (b)(1), (b)(2), (b)(3),
673	673	26 (b)(5), (b)(6), or (b)(7), or (b)(8) of this Section, the
674	674
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684	684	1 Board is authorized to consider any matters of record in
685	685	2 mitigation or aggravation of penalty, including, but not
686	686	3 limited to, the following factors:
687	687	4 (1) the duration and gravity of the violation;
688	688	5 (2) the presence or absence of due diligence on the
689	689	6 part of the respondent in attempting to comply with
690	690	7 requirements of this Act and regulations thereunder or to
691	691	8 secure relief therefrom as provided by this Act;
692	692	9 (3) any economic benefits accrued by the respondent
693	693	10 because of delay in compliance with requirements, in which
694	694	11 case the economic benefits shall be determined by the
695	695	12 lowest cost alternative for achieving compliance;
696	696	13 (4) the amount of monetary penalty which will serve to
697	697	14 deter further violations by the respondent and to
698	698	15 otherwise aid in enhancing voluntary compliance with this
699	699	16 Act by the respondent and other persons similarly subject
700	700	17 to the Act;
701	701	18 (5) the number, proximity in time, and gravity of
702	702	19 previously adjudicated violations of this Act by the
703	703	20 respondent;
704	704	21 (6) whether the respondent voluntarily self-disclosed,
705	705	22 in accordance with subsection (i) of this Section, the
706	706	23 non-compliance to the Agency;
707	707	24 (7) whether the respondent has agreed to undertake a
708	708	25 "supplemental environmental project", which means an
709	709	26 environmentally beneficial project that a respondent
710	710
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712	712
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720	720	1 agrees to undertake in settlement of an enforcement action
721	721	2 brought under this Act, but which the respondent is not
722	722	3 otherwise legally required to perform; and
723	723	4 (8) whether the respondent has successfully completed
724	724	5 a Compliance Commitment Agreement under subsection (a) of
725	725	6 Section 31 of this Act to remedy the violations that are
726	726	7 the subject of the complaint.
727	727	8 In determining the appropriate civil penalty to be imposed
728	728	9 under subsection (a) or paragraph (1), (2), (3), (5), (6), or
729	729	10 (7), or (8) of subsection (b) of this Section, the Board shall
730	730	11 ensure, in all cases, that the penalty is at least as great as
731	731	12 the economic benefits, if any, accrued by the respondent as a
732	732	13 result of the violation, unless the Board finds that
733	733	14 imposition of such penalty would result in an arbitrary or
734	734	15 unreasonable financial hardship. However, such civil penalty
735	735	16 may be off-set in whole or in part pursuant to a supplemental
736	736	17 environmental project agreed to by the complainant and the
737	737	18 respondent.
738	738	19 (i) A person who voluntarily self-discloses non-compliance
739	739	20 to the Agency, of which the Agency had been unaware, is
740	740	21 entitled to a 100% reduction in the portion of the penalty that
741	741	22 is not based on the economic benefit of non-compliance if the
742	742	23 person can establish the following:
743	743	24 (1) that either the regulated entity is a small entity
744	744	25 or the non-compliance was discovered through an
745	745	26 environmental audit or a compliance management system
746	746
747	747
748	748
749	749
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756	756	1 documented by the regulated entity as reflecting the
757	757	2 regulated entity's due diligence in preventing, detecting,
758	758	3 and correcting violations;
759	759	4 (2) that the non-compliance was disclosed in writing
760	760	5 within 30 days of the date on which the person discovered
761	761	6 it;
762	762	7 (3) that the non-compliance was discovered and
763	763	8 disclosed prior to:
764	764	9 (i) the commencement of an Agency inspection,
765	765	10 investigation, or request for information;
766	766	11 (ii) notice of a citizen suit;
767	767	12 (iii) the filing of a complaint by a citizen, the
768	768	13 Illinois Attorney General, or the State's Attorney of
769	769	14 the county in which the violation occurred;
770	770	15 (iv) the reporting of the non-compliance by an
771	771	16 employee of the person without that person's
772	772	17 knowledge; or
773	773	18 (v) imminent discovery of the non-compliance by
774	774	19 the Agency;
775	775	20 (4) that the non-compliance is being corrected and any
776	776	21 environmental harm is being remediated in a timely
777	777	22 fashion;
778	778	23 (5) that the person agrees to prevent a recurrence of
779	779	24 the non-compliance;
780	780	25 (6) that no related non-compliance events have
781	781	26 occurred in the past 3 years at the same facility or in the
782	782
783	783
784	784
785	785
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792	792	1 past 5 years as part of a pattern at multiple facilities
793	793	2 owned or operated by the person;
794	794	3 (7) that the non-compliance did not result in serious
795	795	4 actual harm or present an imminent and substantial
796	796	5 endangerment to human health or the environment or violate
797	797	6 the specific terms of any judicial or administrative order
798	798	7 or consent agreement;
799	799	8 (8) that the person cooperates as reasonably requested
800	800	9 by the Agency after the disclosure; and
801	801	10 (9) that the non-compliance was identified voluntarily
802	802	11 and not through a monitoring, sampling, or auditing
803	803	12 procedure that is required by statute, rule, permit,
804	804	13 judicial or administrative order, or consent agreement.
805	805	14 If a person can establish all of the elements under this
806	806	15 subsection except the element set forth in paragraph (1) of
807	807	16 this subsection, the person is entitled to a 75% reduction in
808	808	17 the portion of the penalty that is not based upon the economic
809	809	18 benefit of non-compliance.
810	810	19 For the purposes of this subsection (i), "small entity"
811	811	20 has the same meaning as in Section 221 of the federal Small
812	812	21 Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C.
813	813	22 601).
814	814	23 (j) In addition to any other remedy or penalty that may
815	815	24 apply, whether civil or criminal, any person who violates
816	816	25 Section 22.52 of this Act shall be liable for an additional
817	817	26 civil penalty of up to 3 times the gross amount of any
818	818
819	819
820	820
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