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Illinois House Bill HB3816

Illinois 2025-2026 Regular Session

Illinois House Bill HB3816 Compare Versions

Only one version of the bill is available at this time.
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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3816 Introduced , by Rep. Kimberly Du Buclet SYNOPSIS AS INTRODUCED: 415 ILCS 5/42 from Ch. 111 1/2, par. 1042415 ILCS 5/52.6 new Amends the Environmental Protection Act. Provides that, on and after January 1, 2030, no person shall sell or offer for sale in the State a new washing machine for residential, commercial, or State use unless the washing machine: (1) contains a microfiber filtration system with a mesh size of not greater than 100 micrometers; and (2) bears a conspicuous label that is visible to the consumer, in the form of a sticker or any other label type, that includes a specified statement. Provides that a person or entity who violates this prohibition shall be liable for a civil penalty not to exceed $10,000 for a first violation and not to exceed $30,000 for each subsequent violation. LRB104 07465 BDA 17506 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3816 Introduced , by Rep. Kimberly Du Buclet SYNOPSIS AS INTRODUCED: 415 ILCS 5/42 from Ch. 111 1/2, par. 1042415 ILCS 5/52.6 new 415 ILCS 5/42 from Ch. 111 1/2, par. 1042 415 ILCS 5/52.6 new Amends the Environmental Protection Act. Provides that, on and after January 1, 2030, no person shall sell or offer for sale in the State a new washing machine for residential, commercial, or State use unless the washing machine: (1) contains a microfiber filtration system with a mesh size of not greater than 100 micrometers; and (2) bears a conspicuous label that is visible to the consumer, in the form of a sticker or any other label type, that includes a specified statement. Provides that a person or entity who violates this prohibition shall be liable for a civil penalty not to exceed $10,000 for a first violation and not to exceed $30,000 for each subsequent violation. LRB104 07465 BDA 17506 b LRB104 07465 BDA 17506 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3816 Introduced , by Rep. Kimberly Du Buclet SYNOPSIS AS INTRODUCED:
33 415 ILCS 5/42 from Ch. 111 1/2, par. 1042415 ILCS 5/52.6 new 415 ILCS 5/42 from Ch. 111 1/2, par. 1042 415 ILCS 5/52.6 new
44 415 ILCS 5/42 from Ch. 111 1/2, par. 1042
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66 Amends the Environmental Protection Act. Provides that, on and after January 1, 2030, no person shall sell or offer for sale in the State a new washing machine for residential, commercial, or State use unless the washing machine: (1) contains a microfiber filtration system with a mesh size of not greater than 100 micrometers; and (2) bears a conspicuous label that is visible to the consumer, in the form of a sticker or any other label type, that includes a specified statement. Provides that a person or entity who violates this prohibition shall be liable for a civil penalty not to exceed $10,000 for a first violation and not to exceed $30,000 for each subsequent violation.
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1212 1 AN ACT concerning safety.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 5. The Environmental Protection Act is amended by
1616 5 changing Section 42 and by adding Section 52.6 as follows:
1717 6 (415 ILCS 5/42) (from Ch. 111 1/2, par. 1042)
1818 7 Sec. 42. Civil penalties.
1919 8 (a) Except as provided in this Section, any person that
2020 9 violates any provision of this Act or any regulation adopted
2121 10 by the Board, or any permit or term or condition thereof, or
2222 11 that violates any order of the Board pursuant to this Act,
2323 12 shall be liable for a civil penalty of not to exceed $50,000
2424 13 for the violation and an additional civil penalty of not to
2525 14 exceed $10,000 for each day during which the violation
2626 15 continues; such penalties may, upon order of the Board or a
2727 16 court of competent jurisdiction, be made payable to the
2828 17 Environmental Protection Trust Fund, to be used in accordance
2929 18 with the provisions of the Environmental Protection Trust Fund
3030 19 Act.
3131 20 (b) Notwithstanding the provisions of subsection (a) of
3232 21 this Section:
3333 22 (1) Any person that violates Section 12(f) of this Act
3434 23 or any NPDES permit or term or condition thereof, or any
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3838 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3816 Introduced , by Rep. Kimberly Du Buclet SYNOPSIS AS INTRODUCED:
3939 415 ILCS 5/42 from Ch. 111 1/2, par. 1042415 ILCS 5/52.6 new 415 ILCS 5/42 from Ch. 111 1/2, par. 1042 415 ILCS 5/52.6 new
4040 415 ILCS 5/42 from Ch. 111 1/2, par. 1042
4141 415 ILCS 5/52.6 new
4242 Amends the Environmental Protection Act. Provides that, on and after January 1, 2030, no person shall sell or offer for sale in the State a new washing machine for residential, commercial, or State use unless the washing machine: (1) contains a microfiber filtration system with a mesh size of not greater than 100 micrometers; and (2) bears a conspicuous label that is visible to the consumer, in the form of a sticker or any other label type, that includes a specified statement. Provides that a person or entity who violates this prohibition shall be liable for a civil penalty not to exceed $10,000 for a first violation and not to exceed $30,000 for each subsequent violation.
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7171 1 filing requirement, regulation or order relating to the
7272 2 NPDES permit program, shall be liable to a civil penalty
7373 3 of not to exceed $10,000 per day of violation.
7474 4 (2) Any person that violates Section 12(g) of this Act
7575 5 or any UIC permit or term or condition thereof, or any
7676 6 filing requirement, regulation or order relating to the
7777 7 State UIC program for all wells, except Class II wells as
7878 8 defined by the Board under this Act, shall be liable to a
7979 9 civil penalty not to exceed $2,500 per day of violation;
8080 10 provided, however, that any person who commits such
8181 11 violations relating to the State UIC program for Class II
8282 12 wells, as defined by the Board under this Act, shall be
8383 13 liable to a civil penalty of not to exceed $10,000 for the
8484 14 violation and an additional civil penalty of not to exceed
8585 15 $1,000 for each day during which the violation continues.
8686 16 (3) Any person that violates Sections 21(f), 21(g),
8787 17 21(h) or 21(i) of this Act, or any RCRA permit or term or
8888 18 condition thereof, or any filing requirement, regulation
8989 19 or order relating to the State RCRA program, shall be
9090 20 liable to a civil penalty of not to exceed $25,000 per day
9191 21 of violation.
9292 22 (4) In an administrative citation action under Section
9393 23 31.1 of this Act, any person found to have violated any
9494 24 provision of subsection (o) of Section 21 of this Act
9595 25 shall pay a civil penalty of $500 for each violation of
9696 26 each such provision, plus any hearing costs incurred by
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107107 1 the Board and the Agency. Such penalties shall be made
108108 2 payable to the Environmental Protection Trust Fund, to be
109109 3 used in accordance with the provisions of the
110110 4 Environmental Protection Trust Fund Act; except that if a
111111 5 unit of local government issued the administrative
112112 6 citation, 50% of the civil penalty shall be payable to the
113113 7 unit of local government.
114114 8 (4-5) In an administrative citation action under
115115 9 Section 31.1 of this Act, any person found to have
116116 10 violated any provision of subsection (p) of Section 21,
117117 11 Section 22.38, Section 22.51, Section 22.51a, or
118118 12 subsection (k) of Section 55 of this Act shall pay a civil
119119 13 penalty of $1,500 for each violation of each such
120120 14 provision, plus any hearing costs incurred by the Board
121121 15 and the Agency, except that the civil penalty amount shall
122122 16 be $3,000 for each violation of any provision of
123123 17 subsection (p) of Section 21, Section 22.38, Section
124124 18 22.51, Section 22.51a, or subsection (k) of Section 55
125125 19 that is the person's second or subsequent adjudication
126126 20 violation of that provision. The penalties shall be
127127 21 deposited into the Environmental Protection Trust Fund, to
128128 22 be used in accordance with the provisions of the
129129 23 Environmental Protection Trust Fund Act; except that if a
130130 24 unit of local government issued the administrative
131131 25 citation, 50% of the civil penalty shall be payable to the
132132 26 unit of local government.
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143143 1 (5) Any person who violates subsection 6 of Section
144144 2 39.5 of this Act or any CAAPP permit, or term or condition
145145 3 thereof, or any fee or filing requirement, or any duty to
146146 4 allow or carry out inspection, entry or monitoring
147147 5 activities, or any regulation or order relating to the
148148 6 CAAPP shall be liable for a civil penalty not to exceed
149149 7 $10,000 per day of violation.
150150 8 (6) Any owner or operator of a community water system
151151 9 that violates subsection (b) of Section 18.1 or subsection
152152 10 (a) of Section 25d-3 of this Act shall, for each day of
153153 11 violation, be liable for a civil penalty not to exceed $5
154154 12 for each of the premises connected to the affected
155155 13 community water system.
156156 14 (7) Any person who violates Section 52.5 of this Act
157157 15 shall be liable for a civil penalty of up to $1,000 for the
158158 16 first violation of that Section and a civil penalty of up
159159 17 to $2,500 for a second or subsequent violation of that
160160 18 Section.
161161 19 (8) Any person who violates Section 52.6 of this Act
162162 20 shall be liable for a civil penalty of up to $10,000 for
163163 21 the first violation of that Section and a civil penalty of
164164 22 up to $30,000 for a second or subsequent violation of that
165165 23 Section.
166166 24 (b.5) In lieu of the penalties set forth in subsections
167167 25 (a) and (b) of this Section, any person who fails to file, in a
168168 26 timely manner, toxic chemical release forms with the Agency
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179179 1 pursuant to Section 25b-2 of this Act shall be liable for a
180180 2 civil penalty of $100 per day for each day the forms are late,
181181 3 not to exceed a maximum total penalty of $6,000. This daily
182182 4 penalty shall begin accruing on the thirty-first day after the
183183 5 date that the person receives the warning notice issued by the
184184 6 Agency pursuant to Section 25b-6 of this Act; and the penalty
185185 7 shall be paid to the Agency. The daily accrual of penalties
186186 8 shall cease as of January 1 of the following year. All
187187 9 penalties collected by the Agency pursuant to this subsection
188188 10 shall be deposited into the Environmental Protection Permit
189189 11 and Inspection Fund.
190190 12 (c) Any person that violates this Act, any rule or
191191 13 regulation adopted under this Act, any permit or term or
192192 14 condition of a permit, or any Board order and causes the death
193193 15 of fish or aquatic life shall, in addition to the other
194194 16 penalties provided by this Act, be liable to pay to the State
195195 17 an additional sum for the reasonable value of the fish or
196196 18 aquatic life destroyed. Any money so recovered shall be placed
197197 19 in the Wildlife and Fish Fund in the State Treasury.
198198 20 (d) The penalties provided for in this Section may be
199199 21 recovered in a civil action.
200200 22 (e) The State's Attorney of the county in which the
201201 23 violation occurred, or the Attorney General, may, at the
202202 24 request of the Agency or on his own motion, institute a civil
203203 25 action for an injunction, prohibitory or mandatory, to
204204 26 restrain violations of this Act, any rule or regulation
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215215 1 adopted under this Act, any permit or term or condition of a
216216 2 permit, or any Board order, or to require such other actions as
217217 3 may be necessary to address violations of this Act, any rule or
218218 4 regulation adopted under this Act, any permit or term or
219219 5 condition of a permit, or any Board order.
220220 6 (f) The State's Attorney of the county in which the
221221 7 violation occurred, or the Attorney General, shall bring such
222222 8 actions in the name of the people of the State of Illinois.
223223 9 Without limiting any other authority which may exist for the
224224 10 awarding of attorney's fees and costs, the Board or a court of
225225 11 competent jurisdiction may award costs and reasonable
226226 12 attorney's fees, including the reasonable costs of expert
227227 13 witnesses and consultants, to the State's Attorney or the
228228 14 Attorney General in a case where he has prevailed against a
229229 15 person who has committed a willful, knowing, or repeated
230230 16 violation of this Act, any rule or regulation adopted under
231231 17 this Act, any permit or term or condition of a permit, or any
232232 18 Board order.
233233 19 Any funds collected under this subsection (f) in which the
234234 20 Attorney General has prevailed shall be deposited in the
235235 21 Hazardous Waste Fund created in Section 22.2 of this Act. Any
236236 22 funds collected under this subsection (f) in which a State's
237237 23 Attorney has prevailed shall be retained by the county in
238238 24 which he serves.
239239 25 (g) All final orders imposing civil penalties pursuant to
240240 26 this Section shall prescribe the time for payment of such
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251251 1 penalties. If any such penalty is not paid within the time
252252 2 prescribed, interest on such penalty at the rate set forth in
253253 3 subsection (a) of Section 1003 of the Illinois Income Tax Act,
254254 4 shall be paid for the period from the date payment is due until
255255 5 the date payment is received. However, if the time for payment
256256 6 is stayed during the pendency of an appeal, interest shall not
257257 7 accrue during such stay.
258258 8 (h) In determining the appropriate civil penalty to be
259259 9 imposed under subdivisions (a), (b)(1), (b)(2), (b)(3),
260260 10 (b)(5), (b)(6), or (b)(7), or (b)(8) of this Section, the
261261 11 Board is authorized to consider any matters of record in
262262 12 mitigation or aggravation of penalty, including, but not
263263 13 limited to, the following factors:
264264 14 (1) the duration and gravity of the violation;
265265 15 (2) the presence or absence of due diligence on the
266266 16 part of the respondent in attempting to comply with
267267 17 requirements of this Act and regulations thereunder or to
268268 18 secure relief therefrom as provided by this Act;
269269 19 (3) any economic benefits accrued by the respondent
270270 20 because of delay in compliance with requirements, in which
271271 21 case the economic benefits shall be determined by the
272272 22 lowest cost alternative for achieving compliance;
273273 23 (4) the amount of monetary penalty which will serve to
274274 24 deter further violations by the respondent and to
275275 25 otherwise aid in enhancing voluntary compliance with this
276276 26 Act by the respondent and other persons similarly subject
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287287 1 to the Act;
288288 2 (5) the number, proximity in time, and gravity of
289289 3 previously adjudicated violations of this Act by the
290290 4 respondent;
291291 5 (6) whether the respondent voluntarily self-disclosed,
292292 6 in accordance with subsection (i) of this Section, the
293293 7 non-compliance to the Agency;
294294 8 (7) whether the respondent has agreed to undertake a
295295 9 "supplemental environmental project", which means an
296296 10 environmentally beneficial project that a respondent
297297 11 agrees to undertake in settlement of an enforcement action
298298 12 brought under this Act, but which the respondent is not
299299 13 otherwise legally required to perform; and
300300 14 (8) whether the respondent has successfully completed
301301 15 a Compliance Commitment Agreement under subsection (a) of
302302 16 Section 31 of this Act to remedy the violations that are
303303 17 the subject of the complaint.
304304 18 In determining the appropriate civil penalty to be imposed
305305 19 under subsection (a) or paragraph (1), (2), (3), (5), (6), or
306306 20 (7), or (8) of subsection (b) of this Section, the Board shall
307307 21 ensure, in all cases, that the penalty is at least as great as
308308 22 the economic benefits, if any, accrued by the respondent as a
309309 23 result of the violation, unless the Board finds that
310310 24 imposition of such penalty would result in an arbitrary or
311311 25 unreasonable financial hardship. However, such civil penalty
312312 26 may be off-set in whole or in part pursuant to a supplemental
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323323 1 environmental project agreed to by the complainant and the
324324 2 respondent.
325325 3 (i) A person who voluntarily self-discloses non-compliance
326326 4 to the Agency, of which the Agency had been unaware, is
327327 5 entitled to a 100% reduction in the portion of the penalty that
328328 6 is not based on the economic benefit of non-compliance if the
329329 7 person can establish the following:
330330 8 (1) that either the regulated entity is a small entity
331331 9 or the non-compliance was discovered through an
332332 10 environmental audit or a compliance management system
333333 11 documented by the regulated entity as reflecting the
334334 12 regulated entity's due diligence in preventing, detecting,
335335 13 and correcting violations;
336336 14 (2) that the non-compliance was disclosed in writing
337337 15 within 30 days of the date on which the person discovered
338338 16 it;
339339 17 (3) that the non-compliance was discovered and
340340 18 disclosed prior to:
341341 19 (i) the commencement of an Agency inspection,
342342 20 investigation, or request for information;
343343 21 (ii) notice of a citizen suit;
344344 22 (iii) the filing of a complaint by a citizen, the
345345 23 Illinois Attorney General, or the State's Attorney of
346346 24 the county in which the violation occurred;
347347 25 (iv) the reporting of the non-compliance by an
348348 26 employee of the person without that person's
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359359 1 knowledge; or
360360 2 (v) imminent discovery of the non-compliance by
361361 3 the Agency;
362362 4 (4) that the non-compliance is being corrected and any
363363 5 environmental harm is being remediated in a timely
364364 6 fashion;
365365 7 (5) that the person agrees to prevent a recurrence of
366366 8 the non-compliance;
367367 9 (6) that no related non-compliance events have
368368 10 occurred in the past 3 years at the same facility or in the
369369 11 past 5 years as part of a pattern at multiple facilities
370370 12 owned or operated by the person;
371371 13 (7) that the non-compliance did not result in serious
372372 14 actual harm or present an imminent and substantial
373373 15 endangerment to human health or the environment or violate
374374 16 the specific terms of any judicial or administrative order
375375 17 or consent agreement;
376376 18 (8) that the person cooperates as reasonably requested
377377 19 by the Agency after the disclosure; and
378378 20 (9) that the non-compliance was identified voluntarily
379379 21 and not through a monitoring, sampling, or auditing
380380 22 procedure that is required by statute, rule, permit,
381381 23 judicial or administrative order, or consent agreement.
382382 24 If a person can establish all of the elements under this
383383 25 subsection except the element set forth in paragraph (1) of
384384 26 this subsection, the person is entitled to a 75% reduction in
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395395 1 the portion of the penalty that is not based upon the economic
396396 2 benefit of non-compliance.
397397 3 For the purposes of this subsection (i), "small entity"
398398 4 has the same meaning as in Section 221 of the federal Small
399399 5 Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C.
400400 6 601).
401401 7 (j) In addition to any other remedy or penalty that may
402402 8 apply, whether civil or criminal, any person who violates
403403 9 Section 22.52 of this Act shall be liable for an additional
404404 10 civil penalty of up to 3 times the gross amount of any
405405 11 pecuniary gain resulting from the violation.
406406 12 (k) In addition to any other remedy or penalty that may
407407 13 apply, whether civil or criminal, any person who violates
408408 14 subdivision (a)(7.6) of Section 31 of this Act shall be liable
409409 15 for an additional civil penalty of $2,000.
410410 16 (Source: P.A. 102-310, eff. 8-6-21.)
411411 17 (415 ILCS 5/52.6 new)
412412 18 Sec. 52.6. Microfiber filters.
413413 19 (a) As used in this Section:
414414 20 "Microfiber filtration system" means a filtration unit
415415 21 that is active across all washing cycles and is:
416416 22 (1) integrated into the washing machine design as a
417417 23 built-in filter; or
418418 24 (2) included as an in-line filter and is packaged,
419419 25 sold, and installed with the washing machine.
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