Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1596 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 SB1596 Introduced 2/4/2025, by Sen. Sally J. Turner SYNOPSIS AS INTRODUCED: 415 ILCS 5/21 from Ch. 111 1/2, par. 1021415 ILCS 5/42 from Ch. 111 1/2, par. 1042415 ILCS 5/52.6 new Amends the Environmental Protection Act. In a provision regarding prohibited acts, provides that no person shall operate a commercial wind energy facility in a manner that causes, threatens, or allows the release of oil, lubricant, hydraulic fluid, transformer solvent, insulation fluid, cleaning fluid, or any other similar fluid from the commercial wind energy facility. Requires any fluid released in violation of this prohibition to be remediated. Provides that any person who violates this prohibition shall, for each day of violation, be liable for a civil penalty of $1,000 for a first offense and $10,000 for a second or subsequent offense. Provides for a 100% reduction in penalty for a person who self-discloses noncompliance with this provision. Directs the owner or operator of a commercial wind energy facility to annually register with the Agency in the form and manner prescribed by the Agency. Specifies that the owners and operators of a commercial wind energy facility have an affirmative duty to cover all remediation and response expenses that are incurred as a result of the operation of a commercial wind energy facility in a manner that causes, threatens, or allows the release of oil, lubricant, hydraulic fluid, transformer solvent, insulation fluid, cleaning fluid, or any other similar fluid. Grants the Agency rulemaking powers. LRB104 10926 BDA 21008 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1596 Introduced 2/4/2025, by Sen. Sally J. Turner SYNOPSIS AS INTRODUCED: 415 ILCS 5/21 from Ch. 111 1/2, par. 1021415 ILCS 5/42 from Ch. 111 1/2, par. 1042415 ILCS 5/52.6 new 415 ILCS 5/21 from Ch. 111 1/2, par. 1021 415 ILCS 5/42 from Ch. 111 1/2, par. 1042 415 ILCS 5/52.6 new Amends the Environmental Protection Act. In a provision regarding prohibited acts, provides that no person shall operate a commercial wind energy facility in a manner that causes, threatens, or allows the release of oil, lubricant, hydraulic fluid, transformer solvent, insulation fluid, cleaning fluid, or any other similar fluid from the commercial wind energy facility. Requires any fluid released in violation of this prohibition to be remediated. Provides that any person who violates this prohibition shall, for each day of violation, be liable for a civil penalty of $1,000 for a first offense and $10,000 for a second or subsequent offense. Provides for a 100% reduction in penalty for a person who self-discloses noncompliance with this provision. Directs the owner or operator of a commercial wind energy facility to annually register with the Agency in the form and manner prescribed by the Agency. Specifies that the owners and operators of a commercial wind energy facility have an affirmative duty to cover all remediation and response expenses that are incurred as a result of the operation of a commercial wind energy facility in a manner that causes, threatens, or allows the release of oil, lubricant, hydraulic fluid, transformer solvent, insulation fluid, cleaning fluid, or any other similar fluid. Grants the Agency rulemaking powers. LRB104 10926 BDA 21008 b LRB104 10926 BDA 21008 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1596 Introduced 2/4/2025, by Sen. Sally J. Turner SYNOPSIS AS INTRODUCED:
3	3	415 ILCS 5/21 from Ch. 111 1/2, par. 1021415 ILCS 5/42 from Ch. 111 1/2, par. 1042415 ILCS 5/52.6 new 415 ILCS 5/21 from Ch. 111 1/2, par. 1021 415 ILCS 5/42 from Ch. 111 1/2, par. 1042 415 ILCS 5/52.6 new
4	4	415 ILCS 5/21 from Ch. 111 1/2, par. 1021
5	5	415 ILCS 5/42 from Ch. 111 1/2, par. 1042
6	6	415 ILCS 5/52.6 new
7	7	Amends the Environmental Protection Act. In a provision regarding prohibited acts, provides that no person shall operate a commercial wind energy facility in a manner that causes, threatens, or allows the release of oil, lubricant, hydraulic fluid, transformer solvent, insulation fluid, cleaning fluid, or any other similar fluid from the commercial wind energy facility. Requires any fluid released in violation of this prohibition to be remediated. Provides that any person who violates this prohibition shall, for each day of violation, be liable for a civil penalty of $1,000 for a first offense and $10,000 for a second or subsequent offense. Provides for a 100% reduction in penalty for a person who self-discloses noncompliance with this provision. Directs the owner or operator of a commercial wind energy facility to annually register with the Agency in the form and manner prescribed by the Agency. Specifies that the owners and operators of a commercial wind energy facility have an affirmative duty to cover all remediation and response expenses that are incurred as a result of the operation of a commercial wind energy facility in a manner that causes, threatens, or allows the release of oil, lubricant, hydraulic fluid, transformer solvent, insulation fluid, cleaning fluid, or any other similar fluid. Grants the Agency rulemaking powers.
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10	10	A BILL FOR
11	11	SB1596LRB104 10926 BDA 21008 b SB1596 LRB104 10926 BDA 21008 b
12	12	SB1596 LRB104 10926 BDA 21008 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 changing Sections 21 and 42 and adding Section 52.6 as
18	18	6 follows:
19	19	7 (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
20	20	8 Sec. 21. Prohibited acts. No person shall:
21	21	9 (a) Cause or allow the open dumping of any waste.
22	22	10 (b) Abandon, dump, or deposit any waste upon the public
23	23	11 highways or other public property, except in a sanitary
24	24	12 landfill approved by the Agency pursuant to regulations
25	25	13 adopted by the Board.
26	26	14 (c) Abandon any vehicle in violation of the "Abandoned
27	27	15 Vehicles Amendment to the Illinois Vehicle Code", as enacted
28	28	16 by the 76th General Assembly.
29	29	17 (d) Conduct any waste-storage, waste-treatment, or
30	30	18 waste-disposal operation:
31	31	19 (1) without a permit granted by the Agency or in
32	32	20 violation of any conditions imposed by such permit,
33	33	21 including periodic reports and full access to adequate
34	34	22 records and the inspection of facilities, as may be
35	35	23 necessary to assure compliance with this Act and with
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39	39	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1596 Introduced 2/4/2025, by Sen. Sally J. Turner SYNOPSIS AS INTRODUCED:
40	40	415 ILCS 5/21 from Ch. 111 1/2, par. 1021415 ILCS 5/42 from Ch. 111 1/2, par. 1042415 ILCS 5/52.6 new 415 ILCS 5/21 from Ch. 111 1/2, par. 1021 415 ILCS 5/42 from Ch. 111 1/2, par. 1042 415 ILCS 5/52.6 new
41	41	415 ILCS 5/21 from Ch. 111 1/2, par. 1021
42	42	415 ILCS 5/42 from Ch. 111 1/2, par. 1042
43	43	415 ILCS 5/52.6 new
44	44	Amends the Environmental Protection Act. In a provision regarding prohibited acts, provides that no person shall operate a commercial wind energy facility in a manner that causes, threatens, or allows the release of oil, lubricant, hydraulic fluid, transformer solvent, insulation fluid, cleaning fluid, or any other similar fluid from the commercial wind energy facility. Requires any fluid released in violation of this prohibition to be remediated. Provides that any person who violates this prohibition shall, for each day of violation, be liable for a civil penalty of $1,000 for a first offense and $10,000 for a second or subsequent offense. Provides for a 100% reduction in penalty for a person who self-discloses noncompliance with this provision. Directs the owner or operator of a commercial wind energy facility to annually register with the Agency in the form and manner prescribed by the Agency. Specifies that the owners and operators of a commercial wind energy facility have an affirmative duty to cover all remediation and response expenses that are incurred as a result of the operation of a commercial wind energy facility in a manner that causes, threatens, or allows the release of oil, lubricant, hydraulic fluid, transformer solvent, insulation fluid, cleaning fluid, or any other similar fluid. Grants the Agency rulemaking powers.
45	45	LRB104 10926 BDA 21008 b LRB104 10926 BDA 21008 b
46	46	LRB104 10926 BDA 21008 b
47	47	A BILL FOR
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54	54	415 ILCS 5/42 from Ch. 111 1/2, par. 1042
55	55	415 ILCS 5/52.6 new
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74	74	1 regulations and standards adopted thereunder; provided,
75	75	2 however, that, except for municipal solid waste landfill
76	76	3 units that receive waste on or after October 9, 1993, and
77	77	4 CCR surface impoundments, no permit shall be required for
78	78	5 (i) any person conducting a waste-storage,
79	79	6 waste-treatment, or waste-disposal operation for wastes
80	80	7 generated by such person's own activities which are
81	81	8 stored, treated, or disposed within the site where such
82	82	9 wastes are generated, (ii) until one year after the
83	83	10 effective date of rules adopted by the Board under
84	84	11 subsection (n) of Section 22.38, a facility located in a
85	85	12 county with a population over 700,000 as of January 1,
86	86	13 2000, operated and located in accordance with Section
87	87	14 22.38 of this Act, and used exclusively for the transfer,
88	88	15 storage, or treatment of general construction or
89	89	16 demolition debris, provided that the facility was
90	90	17 receiving construction or demolition debris on August 24,
91	91	18 2009 (the effective date of Public Act 96-611), or (iii)
92	92	19 any person conducting a waste transfer, storage,
93	93	20 treatment, or disposal operation, including, but not
94	94	21 limited to, a waste transfer or waste composting
95	95	22 operation, under a mass animal mortality event plan
96	96	23 created by the Department of Agriculture;
97	97	24 (2) in violation of any regulations or standards
98	98	25 adopted by the Board under this Act;
99	99	26 (3) which receives waste after August 31, 1988, does
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110	110	1 not have a permit issued by the Agency, and is (i) a
111	111	2 landfill used exclusively for the disposal of waste
112	112	3 generated at the site, (ii) a surface impoundment
113	113	4 receiving special waste not listed in an NPDES permit,
114	114	5 (iii) a waste pile in which the total volume of waste is
115	115	6 greater than 100 cubic yards or the waste is stored for
116	116	7 over one year, or (iv) a land treatment facility receiving
117	117	8 special waste generated at the site; without giving notice
118	118	9 of the operation to the Agency by January 1, 1989, or 30
119	119	10 days after the date on which the operation commences,
120	120	11 whichever is later, and every 3 years thereafter. The form
121	121	12 for such notification shall be specified by the Agency,
122	122	13 and shall be limited to information regarding: the name
123	123	14 and address of the location of the operation; the type of
124	124	15 operation; the types and amounts of waste stored, treated
125	125	16 or disposed of on an annual basis; the remaining capacity
126	126	17 of the operation; and the remaining expected life of the
127	127	18 operation.
128	128	19 Item (3) of this subsection (d) shall not apply to any
129	129	20 person engaged in agricultural activity who is disposing of a
130	130	21 substance that constitutes solid waste, if the substance was
131	131	22 acquired for use by that person on his own property, and the
132	132	23 substance is disposed of on his own property in accordance
133	133	24 with regulations or standards adopted by the Board.
134	134	25 This subsection (d) shall not apply to hazardous waste.
135	135	26 (e) Dispose, treat, store or abandon any waste, or
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146	146	1 transport any waste into this State for disposal, treatment,
147	147	2 storage or abandonment, except at a site or facility which
148	148	3 meets the requirements of this Act and of regulations and
149	149	4 standards thereunder.
150	150	5 (f) Conduct any hazardous waste-storage, hazardous
151	151	6 waste-treatment or hazardous waste-disposal operation:
152	152	7 (1) without a RCRA permit for the site issued by the
153	153	8 Agency under subsection (d) of Section 39 of this Act, or
154	154	9 in violation of any condition imposed by such permit,
155	155	10 including periodic reports and full access to adequate
156	156	11 records and the inspection of facilities, as may be
157	157	12 necessary to assure compliance with this Act and with
158	158	13 regulations and standards adopted thereunder; or
159	159	14 (2) in violation of any regulations or standards
160	160	15 adopted by the Board under this Act; or
161	161	16 (3) in violation of any RCRA permit filing requirement
162	162	17 established under standards adopted by the Board under
163	163	18 this Act; or
164	164	19 (4) in violation of any order adopted by the Board
165	165	20 under this Act.
166	166	21 Notwithstanding the above, no RCRA permit shall be
167	167	22 required under this subsection or subsection (d) of Section 39
168	168	23 of this Act for any person engaged in agricultural activity
169	169	24 who is disposing of a substance which has been identified as a
170	170	25 hazardous waste, and which has been designated by Board
171	171	26 regulations as being subject to this exception, if the
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182	182	1 substance was acquired for use by that person on his own
183	183	2 property and the substance is disposed of on his own property
184	184	3 in accordance with regulations or standards adopted by the
185	185	4 Board.
186	186	5 (g) Conduct any hazardous waste-transportation operation:
187	187	6 (1) without registering with and obtaining a special
188	188	7 waste hauling permit from the Agency in accordance with
189	189	8 the regulations adopted by the Board under this Act; or
190	190	9 (2) in violation of any regulations or standards
191	191	10 adopted by the Board under this Act.
192	192	11 (h) Conduct any hazardous waste-recycling or hazardous
193	193	12 waste-reclamation or hazardous waste-reuse operation in
194	194	13 violation of any regulations, standards or permit requirements
195	195	14 adopted by the Board under this Act.
196	196	15 (i) Conduct any process or engage in any act which
197	197	16 produces hazardous waste in violation of any regulations or
198	198	17 standards adopted by the Board under subsections (a) and (c)
199	199	18 of Section 22.4 of this Act.
200	200	19 (j) Conduct any special waste-transportation operation in
201	201	20 violation of any regulations, standards or permit requirements
202	202	21 adopted by the Board under this Act. However, sludge from a
203	203	22 water or sewage treatment plant owned and operated by a unit of
204	204	23 local government which (1) is subject to a sludge management
205	205	24 plan approved by the Agency or a permit granted by the Agency,
206	206	25 and (2) has been tested and determined not to be a hazardous
207	207	26 waste as required by applicable State and federal laws and
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218	218	1 regulations, may be transported in this State without a
219	219	2 special waste hauling permit, and the preparation and carrying
220	220	3 of a manifest shall not be required for such sludge under the
221	221	4 rules of the Pollution Control Board. The unit of local
222	222	5 government which operates the treatment plant producing such
223	223	6 sludge shall file an annual report with the Agency identifying
224	224	7 the volume of such sludge transported during the reporting
225	225	8 period, the hauler of the sludge, and the disposal sites to
226	226	9 which it was transported. This subsection (j) shall not apply
227	227	10 to hazardous waste.
228	228	11 (k) Fail or refuse to pay any fee imposed under this Act.
229	229	12 (l) Locate a hazardous waste disposal site above an active
230	230	13 or inactive shaft or tunneled mine or within 2 miles of an
231	231	14 active fault in the earth's crust. In counties of population
232	232	15 less than 225,000 no hazardous waste disposal site shall be
233	233	16 located (1) within 1 1/2 miles of the corporate limits as
234	234	17 defined on June 30, 1978, of any municipality without the
235	235	18 approval of the governing body of the municipality in an
236	236	19 official action; or (2) within 1000 feet of an existing
237	237	20 private well or the existing source of a public water supply
238	238	21 measured from the boundary of the actual active permitted site
239	239	22 and excluding existing private wells on the property of the
240	240	23 permit applicant. The provisions of this subsection do not
241	241	24 apply to publicly owned sewage works or the disposal or
242	242	25 utilization of sludge from publicly owned sewage works.
243	243	26 (m) Transfer interest in any land which has been used as a
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254	254	1 hazardous waste disposal site without written notification to
255	255	2 the Agency of the transfer and to the transferee of the
256	256	3 conditions imposed by the Agency upon its use under subsection
257	257	4 (g) of Section 39.
258	258	5 (n) Use any land which has been used as a hazardous waste
259	259	6 disposal site except in compliance with conditions imposed by
260	260	7 the Agency under subsection (g) of Section 39.
261	261	8 (o) Conduct a sanitary landfill operation which is
262	262	9 required to have a permit under subsection (d) of this
263	263	10 Section, in a manner which results in any of the following
264	264	11 conditions:
265	265	12 (1) refuse in standing or flowing waters;
266	266	13 (2) leachate flows entering waters of the State;
267	267	14 (3) leachate flows exiting the landfill confines (as
268	268	15 determined by the boundaries established for the landfill
269	269	16 by a permit issued by the Agency);
270	270	17 (4) open burning of refuse in violation of Section 9
271	271	18 of this Act;
272	272	19 (5) uncovered refuse remaining from any previous
273	273	20 operating day or at the conclusion of any operating day,
274	274	21 unless authorized by permit;
275	275	22 (6) failure to provide final cover within time limits
276	276	23 established by Board regulations;
277	277	24 (7) acceptance of wastes without necessary permits;
278	278	25 (8) scavenging as defined by Board regulations;
279	279	26 (9) deposition of refuse in any unpermitted portion of
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290	290	1 the landfill;
291	291	2 (10) acceptance of a special waste without a required
292	292	3 manifest;
293	293	4 (11) failure to submit reports required by permits or
294	294	5 Board regulations;
295	295	6 (12) failure to collect and contain litter from the
296	296	7 site by the end of each operating day;
297	297	8 (13) failure to submit any cost estimate for the site
298	298	9 or any performance bond or other security for the site as
299	299	10 required by this Act or Board rules.
300	300	11 The prohibitions specified in this subsection (o) shall be
301	301	12 enforceable by the Agency either by administrative citation
302	302	13 under Section 31.1 of this Act or as otherwise provided by this
303	303	14 Act. The specific prohibitions in this subsection do not limit
304	304	15 the power of the Board to establish regulations or standards
305	305	16 applicable to sanitary landfills.
306	306	17 (p) In violation of subdivision (a) of this Section, cause
307	307	18 or allow the open dumping of any waste in a manner which
308	308	19 results in any of the following occurrences at the dump site:
309	309	20 (1) litter;
310	310	21 (2) scavenging;
311	311	22 (3) open burning;
312	312	23 (4) deposition of waste in standing or flowing waters;
313	313	24 (5) proliferation of disease vectors;
314	314	25 (6) standing or flowing liquid discharge from the dump
315	315	26 site;
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326	326	1 (7) deposition of:
327	327	2 (i) general construction or demolition debris as
328	328	3 defined in Section 3.160(a) of this Act; or
329	329	4 (ii) clean construction or demolition debris as
330	330	5 defined in Section 3.160(b) of this Act.
331	331	6 The prohibitions specified in this subsection (p) shall be
332	332	7 enforceable by the Agency either by administrative citation
333	333	8 under Section 31.1 of this Act or as otherwise provided by this
334	334	9 Act. The specific prohibitions in this subsection do not limit
335	335	10 the power of the Board to establish regulations or standards
336	336	11 applicable to open dumping.
337	337	12 (q) Conduct a landscape waste composting operation without
338	338	13 an Agency permit, provided, however, that no permit shall be
339	339	14 required for any person:
340	340	15 (1) conducting a landscape waste composting operation
341	341	16 for landscape wastes generated by such person's own
342	342	17 activities which are stored, treated, or disposed of
343	343	18 within the site where such wastes are generated; or
344	344	19 (1.5) conducting a landscape waste composting
345	345	20 operation that (i) has no more than 25 cubic yards of
346	346	21 landscape waste, composting additives, composting
347	347	22 material, or end-product compost on-site at any one time
348	348	23 and (ii) is not engaging in commercial activity; or
349	349	24 (2) applying landscape waste or composted landscape
350	350	25 waste at agronomic rates; or
351	351	26 (2.5) operating a landscape waste composting facility
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362	362	1 at a site having 10 or more occupied non-farm residences
363	363	2 within 1/2 mile of its boundaries, if the facility meets
364	364	3 all of the following criteria:
365	365	4 (A) the composting facility is operated by the
366	366	5 farmer on property on which the composting material is
367	367	6 utilized, and the composting facility constitutes no
368	368	7 more than 2% of the site's total acreage;
369	369	8 (A-5) any composting additives that the composting
370	370	9 facility accepts and uses at the facility are
371	371	10 necessary to provide proper conditions for composting
372	372	11 and do not exceed 10% of the total composting material
373	373	12 at the facility at any one time;
374	374	13 (B) the property on which the composting facility
375	375	14 is located, and any associated property on which the
376	376	15 compost is used, is principally and diligently devoted
377	377	16 to the production of agricultural crops and is not
378	378	17 owned, leased, or otherwise controlled by any waste
379	379	18 hauler or generator of nonagricultural compost
380	380	19 materials, and the operator of the composting facility
381	381	20 is not an employee, partner, shareholder, or in any
382	382	21 way connected with or controlled by any such waste
383	383	22 hauler or generator;
384	384	23 (C) all compost generated by the composting
385	385	24 facility, except incidental sales of finished compost,
386	386	25 is applied at agronomic rates and used as mulch,
387	387	26 fertilizer, or soil conditioner on land actually
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398	398	1 farmed by the person operating the composting
399	399	2 facility, and the finished compost is not stored at
400	400	3 the composting site for a period longer than 18 months
401	401	4 prior to its application as mulch, fertilizer, or soil
402	402	5 conditioner;
403	403	6 (D) no fee is charged for the acceptance of
404	404	7 materials to be composted at the facility; and
405	405	8 (E) the owner or operator, by January 1, 2014 (or
406	406	9 the January 1 following commencement of operation,
407	407	10 whichever is later) and January 1 of each year
408	408	11 thereafter, registers the site with the Agency, (ii)
409	409	12 reports to the Agency on the volume of composting
410	410	13 material received and used at the site; (iii)
411	411	14 certifies to the Agency that the site complies with
412	412	15 the requirements set forth in subparagraphs (A),
413	413	16 (A-5), (B), (C), and (D) of this paragraph (2.5); and
414	414	17 (iv) certifies to the Agency that all composting
415	415	18 material was placed more than 200 feet from the
416	416	19 nearest potable water supply well, was placed outside
417	417	20 the boundary of the 10-year floodplain or on a part of
418	418	21 the site that is floodproofed, was placed at least 1/4
419	419	22 mile from the nearest residence (other than a
420	420	23 residence located on the same property as the
421	421	24 facility) or a lesser distance from the nearest
422	422	25 residence (other than a residence located on the same
423	423	26 property as the facility) if the municipality in which
424	424
425	425
426	426
427	427
428	428
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430	430
431	431
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433	433	SB1596 - 12 - LRB104 10926 BDA 21008 b
434	434	1 the facility is located has by ordinance approved a
435	435	2 lesser distance than 1/4 mile, and was placed more
436	436	3 than 5 feet above the water table; any ordinance
437	437	4 approving a residential setback of less than 1/4 mile
438	438	5 that is used to meet the requirements of this
439	439	6 subparagraph (E) of paragraph (2.5) of this subsection
440	440	7 must specifically reference this paragraph; or
441	441	8 (3) operating a landscape waste composting facility on
442	442	9 a farm, if the facility meets all of the following
443	443	10 criteria:
444	444	11 (A) the composting facility is operated by the
445	445	12 farmer on property on which the composting material is
446	446	13 utilized, and the composting facility constitutes no
447	447	14 more than 2% of the property's total acreage, except
448	448	15 that the Board may allow a higher percentage for
449	449	16 individual sites where the owner or operator has
450	450	17 demonstrated to the Board that the site's soil
451	451	18 characteristics or crop needs require a higher rate;
452	452	19 (A-1) the composting facility accepts from other
453	453	20 agricultural operations for composting with landscape
454	454	21 waste no materials other than uncontaminated and
455	455	22 source-separated (i) crop residue and other
456	456	23 agricultural plant residue generated from the
457	457	24 production and harvesting of crops and other customary
458	458	25 farm practices, including, but not limited to, stalks,
459	459	26 leaves, seed pods, husks, bagasse, and roots and (ii)
460	460
461	461
462	462
463	463
464	464
465	465	SB1596 - 12 - LRB104 10926 BDA 21008 b
466	466
467	467
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469	469	SB1596 - 13 - LRB104 10926 BDA 21008 b
470	470	1 plant-derived animal bedding, such as straw or
471	471	2 sawdust, that is free of manure and was not made from
472	472	3 painted or treated wood;
473	473	4 (A-2) any composting additives that the composting
474	474	5 facility accepts and uses at the facility are
475	475	6 necessary to provide proper conditions for composting
476	476	7 and do not exceed 10% of the total composting material
477	477	8 at the facility at any one time;
478	478	9 (B) the property on which the composting facility
479	479	10 is located, and any associated property on which the
480	480	11 compost is used, is principally and diligently devoted
481	481	12 to the production of agricultural crops and is not
482	482	13 owned, leased or otherwise controlled by any waste
483	483	14 hauler or generator of nonagricultural compost
484	484	15 materials, and the operator of the composting facility
485	485	16 is not an employee, partner, shareholder, or in any
486	486	17 way connected with or controlled by any such waste
487	487	18 hauler or generator;
488	488	19 (C) all compost generated by the composting
489	489	20 facility, except incidental sales of finished compost,
490	490	21 is applied at agronomic rates and used as mulch,
491	491	22 fertilizer or soil conditioner on land actually farmed
492	492	23 by the person operating the composting facility, and
493	493	24 the finished compost is not stored at the composting
494	494	25 site for a period longer than 18 months prior to its
495	495	26 application as mulch, fertilizer, or soil conditioner;
496	496
497	497
498	498
499	499
500	500
501	501	SB1596 - 13 - LRB104 10926 BDA 21008 b
502	502
503	503
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505	505	SB1596 - 14 - LRB104 10926 BDA 21008 b
506	506	1 (D) the owner or operator, by January 1 of each
507	507	2 year, (i) registers the site with the Agency, (ii)
508	508	3 reports to the Agency on the volume of composting
509	509	4 material received and used at the site and the volume
510	510	5 of material comprising the incidental sale of finished
511	511	6 compost under this subsection (q), (iii) certifies to
512	512	7 the Agency that the site complies with the
513	513	8 requirements set forth in subparagraphs (A), (A-1),
514	514	9 (A-2), (B), and (C) of this paragraph (q)(3), and (iv)
515	515	10 certifies to the Agency that all composting material:
516	516	11 (I) was placed more than 200 feet from the
517	517	12 nearest potable water supply well;
518	518	13 (II) was placed outside the boundary of the
519	519	14 10-year floodplain or on a part of the site that is
520	520	15 floodproofed;
521	521	16 (III) was placed either (aa) at least 1/4 mile
522	522	17 from the nearest residence (other than a residence
523	523	18 located on the same property as the facility) and
524	524	19 there are not more than 10 occupied non-farm
525	525	20 residences within 1/2 mile of the boundaries of
526	526	21 the site on the date of application or (bb) a
527	527	22 lesser distance from the nearest residence (other
528	528	23 than a residence located on the same property as
529	529	24 the facility) provided that the municipality or
530	530	25 county in which the facility is located has by
531	531	26 ordinance approved a lesser distance than 1/4 mile
532	532
533	533
534	534
535	535
536	536
537	537	SB1596 - 14 - LRB104 10926 BDA 21008 b
538	538
539	539
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541	541	SB1596 - 15 - LRB104 10926 BDA 21008 b
542	542	1 and there are not more than 10 occupied non-farm
543	543	2 residences within 1/2 mile of the boundaries of
544	544	3 the site on the date of application; and
545	545	4 (IV) was placed more than 5 feet above the
546	546	5 water table.
547	547	6 Any ordinance approving a residential setback of
548	548	7 less than 1/4 mile that is used to meet the
549	549	8 requirements of this subparagraph (D) must
550	550	9 specifically reference this subparagraph.
551	551	10 For the purposes of this subsection (q), "agronomic rates"
552	552	11 means the application of not more than 20 tons per acre per
553	553	12 year, except that the Board may allow a higher rate for
554	554	13 individual sites where the owner or operator has demonstrated
555	555	14 to the Board that the site's soil characteristics or crop
556	556	15 needs require a higher rate.
557	557	16 For the purposes of this subsection (q), "incidental sale
558	558	17 of finished compost" means the sale of finished compost that
559	559	18 meets general use compost standards and is no more than 20% or
560	560	19 300 cubic yards, whichever is less, of the total compost
561	561	20 created annually by a private landowner for the landowner's
562	562	21 own use.
563	563	22 (r) Cause or allow the storage or disposal of coal
564	564	23 combustion waste unless:
565	565	24 (1) such waste is stored or disposed of at a site or
566	566	25 facility for which a permit has been obtained or is not
567	567	26 otherwise required under subsection (d) of this Section;
568	568
569	569
570	570
571	571
572	572
573	573	SB1596 - 15 - LRB104 10926 BDA 21008 b
574	574
575	575
576	576	SB1596- 16 -LRB104 10926 BDA 21008 b SB1596 - 16 - LRB104 10926 BDA 21008 b
577	577	SB1596 - 16 - LRB104 10926 BDA 21008 b
578	578	1 or
579	579	2 (2) such waste is stored or disposed of as a part of
580	580	3 the design and reclamation of a site or facility which is
581	581	4 an abandoned mine site in accordance with the Abandoned
582	582	5 Mined Lands and Water Reclamation Act; or
583	583	6 (3) such waste is stored or disposed of at a site or
584	584	7 facility which is operating under NPDES and Subtitle D
585	585	8 permits issued by the Agency pursuant to regulations
586	586	9 adopted by the Board for mine-related water pollution and
587	587	10 permits issued pursuant to the federal Surface Mining
588	588	11 Control and Reclamation Act of 1977 (P.L. 95-87) or the
589	589	12 rules and regulations thereunder or any law or rule or
590	590	13 regulation adopted by the State of Illinois pursuant
591	591	14 thereto, and the owner or operator of the facility agrees
592	592	15 to accept the waste; and either:
593	593	16 (i) such waste is stored or disposed of in
594	594	17 accordance with requirements applicable to refuse
595	595	18 disposal under regulations adopted by the Board for
596	596	19 mine-related water pollution and pursuant to NPDES and
597	597	20 Subtitle D permits issued by the Agency under such
598	598	21 regulations; or
599	599	22 (ii) the owner or operator of the facility
600	600	23 demonstrates all of the following to the Agency, and
601	601	24 the facility is operated in accordance with the
602	602	25 demonstration as approved by the Agency: (1) the
603	603	26 disposal area will be covered in a manner that will
604	604
605	605
606	606
607	607
608	608
609	609	SB1596 - 16 - LRB104 10926 BDA 21008 b
610	610
611	611
612	612	SB1596- 17 -LRB104 10926 BDA 21008 b SB1596 - 17 - LRB104 10926 BDA 21008 b
613	613	SB1596 - 17 - LRB104 10926 BDA 21008 b
614	614	1 support continuous vegetation, (2) the facility will
615	615	2 be adequately protected from wind and water erosion,
616	616	3 (3) the pH will be maintained so as to prevent
617	617	4 excessive leaching of metal ions, and (4) adequate
618	618	5 containment or other measures will be provided to
619	619	6 protect surface water and groundwater from
620	620	7 contamination at levels prohibited by this Act, the
621	621	8 Illinois Groundwater Protection Act, or regulations
622	622	9 adopted pursuant thereto.
623	623	10 Notwithstanding any other provision of this Title, the
624	624	11 disposal of coal combustion waste pursuant to item (2) or (3)
625	625	12 of this subdivision (r) shall be exempt from the other
626	626	13 provisions of this Title V, and notwithstanding the provisions
627	627	14 of Title X of this Act, the Agency is authorized to grant
628	628	15 experimental permits which include provision for the disposal
629	629	16 of wastes from the combustion of coal and other materials
630	630	17 pursuant to items (2) and (3) of this subdivision (r).
631	631	18 (s) After April 1, 1989, offer for transportation,
632	632	19 transport, deliver, receive or accept special waste for which
633	633	20 a manifest is required, unless the manifest indicates that the
634	634	21 fee required under Section 22.8 of this Act has been paid.
635	635	22 (t) Cause or allow a lateral expansion of a municipal
636	636	23 solid waste landfill unit on or after October 9, 1993, without
637	637	24 a permit modification, granted by the Agency, that authorizes
638	638	25 the lateral expansion.
639	639	26 (u) Conduct any vegetable by-product treatment, storage,
640	640
641	641
642	642
643	643
644	644
645	645	SB1596 - 17 - LRB104 10926 BDA 21008 b
646	646
647	647
648	648	SB1596- 18 -LRB104 10926 BDA 21008 b SB1596 - 18 - LRB104 10926 BDA 21008 b
649	649	SB1596 - 18 - LRB104 10926 BDA 21008 b
650	650	1 disposal or transportation operation in violation of any
651	651	2 regulation, standards or permit requirements adopted by the
652	652	3 Board under this Act. However, no permit shall be required
653	653	4 under this Title V for the land application of vegetable
654	654	5 by-products conducted pursuant to Agency permit issued under
655	655	6 Title III of this Act to the generator of the vegetable
656	656	7 by-products. In addition, vegetable by-products may be
657	657	8 transported in this State without a special waste hauling
658	658	9 permit, and without the preparation and carrying of a
659	659	10 manifest.
660	660	11 (v) (Blank).
661	661	12 (w) Conduct any generation, transportation, or recycling
662	662	13 of construction or demolition debris, clean or general, or
663	663	14 uncontaminated soil generated during construction, remodeling,
664	664	15 repair, and demolition of utilities, structures, and roads
665	665	16 that is not commingled with any waste, without the maintenance
666	666	17 of documentation identifying the hauler, generator, place of
667	667	18 origin of the debris or soil, the weight or volume of the
668	668	19 debris or soil, and the location, owner, and operator of the
669	669	20 facility where the debris or soil was transferred, disposed,
670	670	21 recycled, or treated. This documentation must be maintained by
671	671	22 the generator, transporter, or recycler for 3 years. This
672	672	23 subsection (w) shall not apply to (1) a permitted pollution
673	673	24 control facility that transfers or accepts construction or
674	674	25 demolition debris, clean or general, or uncontaminated soil
675	675	26 for final disposal, recycling, or treatment, (2) a public
676	676
677	677
678	678
679	679
680	680
681	681	SB1596 - 18 - LRB104 10926 BDA 21008 b
682	682
683	683
684	684	SB1596- 19 -LRB104 10926 BDA 21008 b SB1596 - 19 - LRB104 10926 BDA 21008 b
685	685	SB1596 - 19 - LRB104 10926 BDA 21008 b
686	686	1 utility (as that term is defined in the Public Utilities Act)
687	687	2 or a municipal utility, (3) the Illinois Department of
688	688	3 Transportation, or (4) a municipality or a county highway
689	689	4 department, with the exception of any municipality or county
690	690	5 highway department located within a county having a population
691	691	6 of over 3,000,000 inhabitants or located in a county that is
692	692	7 contiguous to a county having a population of over 3,000,000
693	693	8 inhabitants; but it shall apply to an entity that contracts
694	694	9 with a public utility, a municipal utility, the Illinois
695	695	10 Department of Transportation, or a municipality or a county
696	696	11 highway department. The terms "generation" and "recycling", as
697	697	12 used in this subsection, do not apply to clean construction or
698	698	13 demolition debris when (i) used as fill material below grade
699	699	14 outside of a setback zone if covered by sufficient
700	700	15 uncontaminated soil to support vegetation within 30 days of
701	701	16 the completion of filling or if covered by a road or structure,
702	702	17 (ii) solely broken concrete without protruding metal bars is
703	703	18 used for erosion control, or (iii) milled asphalt or crushed
704	704	19 concrete is used as aggregate in construction of the shoulder
705	705	20 of a roadway. The terms "generation" and "recycling", as used
706	706	21 in this subsection, do not apply to uncontaminated soil that
707	707	22 is not commingled with any waste when (i) used as fill material
708	708	23 below grade or contoured to grade, or (ii) used at the site of
709	709	24 generation.
710	710	25 (y) Inject any carbon dioxide stream produced by a carbon
711	711	26 dioxide capture project into a Class II well, as defined by the
712	712
713	713
714	714
715	715
716	716
717	717	SB1596 - 19 - LRB104 10926 BDA 21008 b
718	718
719	719
720	720	SB1596- 20 -LRB104 10926 BDA 21008 b SB1596 - 20 - LRB104 10926 BDA 21008 b
721	721	SB1596 - 20 - LRB104 10926 BDA 21008 b
722	722	1 Board under this Act, or a Class VI well converted from a Class
723	723	2 II well, for purposes of enhanced oil or gas recovery,
724	724	3 including, but not limited to, the facilitation of enhanced
725	725	4 oil or gas recovery from another well.
726	726	5 (z) Sell or transport concentrated carbon dioxide stream
727	727	6 produced by a carbon dioxide capture project for use in
728	728	7 enhanced oil or gas recovery.
729	729	8 (aa) Operate a carbon sequestration activity in a manner
730	730	9 that causes, threatens, or allows the release of carbon
731	731	10 dioxide so as to tend to cause water pollution in this State.
732	732	11 (bb) Operate a commercial wind energy facility in a manner
733	733	12 that causes, threatens, or allows the release of oil,
734	734	13 lubricant, hydraulic fluid, transformer solvent, insulation
735	735	14 fluid, cleaning fluid, or any other similar fluid from the
736	736	15 commercial wind energy facility. Any fluid released in
737	737	16 violation of this subsection (bb) is required to be
738	738	17 remediated, including any fluid remaining on the commercial
739	739	18 wind turbine before operation of the commercial wind turbine
740	740	19 commences.
741	741	20 (Source: P.A. 102-216, eff. 1-1-22; 102-310, eff. 8-6-21;
742	742	21 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-342, eff.
743	743	22 1-1-24; 103-651, eff. 7-18-24.)
744	744	23 (415 ILCS 5/42) (from Ch. 111 1/2, par. 1042)
745	745	24 Sec. 42. Civil penalties.
746	746	25 (a) Except as provided in this Section, any person that
747	747
748	748
749	749
750	750
751	751
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753	753
754	754
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756	756	SB1596 - 21 - LRB104 10926 BDA 21008 b
757	757	1 violates any provision of this Act or any regulation adopted
758	758	2 by the Board, or any permit or term or condition thereof, or
759	759	3 that violates any order of the Board pursuant to this Act,
760	760	4 shall be liable for a civil penalty of not to exceed $50,000
761	761	5 for the violation and an additional civil penalty of not to
762	762	6 exceed $10,000 for each day during which the violation
763	763	7 continues; such penalties may, upon order of the Board or a
764	764	8 court of competent jurisdiction, be made payable to the
765	765	9 Environmental Protection Trust Fund, to be used in accordance
766	766	10 with the provisions of the Environmental Protection Trust Fund
767	767	11 Act.
768	768	12 (b) Notwithstanding the provisions of subsection (a) of
769	769	13 this Section:
770	770	14 (1) Any person that violates Section 12(f) of this Act
771	771	15 or any NPDES permit or term or condition thereof, or any
772	772	16 filing requirement, regulation or order relating to the
773	773	17 NPDES permit program, shall be liable to a civil penalty
774	774	18 of not to exceed $10,000 per day of violation.
775	775	19 (2) Any person that violates Section 12(g) of this Act
776	776	20 or any UIC permit or term or condition thereof, or any
777	777	21 filing requirement, regulation or order relating to the
778	778	22 State UIC program for all wells, except Class II wells as
779	779	23 defined by the Board under this Act, shall be liable to a
780	780	24 civil penalty not to exceed $2,500 per day of violation;
781	781	25 provided, however, that any person who commits such
782	782	26 violations relating to the State UIC program for Class II
783	783
784	784
785	785
786	786
787	787
788	788	SB1596 - 21 - LRB104 10926 BDA 21008 b
789	789
790	790
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792	792	SB1596 - 22 - LRB104 10926 BDA 21008 b
793	793	1 wells, as defined by the Board under this Act, shall be
794	794	2 liable to a civil penalty of not to exceed $10,000 for the
795	795	3 violation and an additional civil penalty of not to exceed
796	796	4 $1,000 for each day during which the violation continues.
797	797	5 (3) Any person that violates Sections 21(f), 21(g),
798	798	6 21(h) or 21(i) of this Act, or any RCRA permit or term or
799	799	7 condition thereof, or any filing requirement, regulation
800	800	8 or order relating to the State RCRA program, shall be
801	801	9 liable to a civil penalty of not to exceed $25,000 per day
802	802	10 of violation.
803	803	11 (4) In an administrative citation action under Section
804	804	12 31.1 of this Act, any person found to have violated any
805	805	13 provision of subsection (o) of Section 21 of this Act
806	806	14 shall pay a civil penalty of $500 for each violation of
807	807	15 each such provision, plus any hearing costs incurred by
808	808	16 the Board and the Agency. Such penalties shall be made
809	809	17 payable to the Environmental Protection Trust Fund, to be
810	810	18 used in accordance with the provisions of the
811	811	19 Environmental Protection Trust Fund Act; except that if a
812	812	20 unit of local government issued the administrative
813	813	21 citation, 50% of the civil penalty shall be payable to the
814	814	22 unit of local government.
815	815	23 (4-5) In an administrative citation action under
816	816	24 Section 31.1 of this Act, any person found to have
817	817	25 violated any provision of subsection (p) of Section 21,
818	818	26 Section 22.38, Section 22.51, Section 22.51a, or
819	819
820	820
821	821
822	822
823	823
824	824	SB1596 - 22 - LRB104 10926 BDA 21008 b
825	825
826	826
827	827	SB1596- 23 -LRB104 10926 BDA 21008 b SB1596 - 23 - LRB104 10926 BDA 21008 b
828	828	SB1596 - 23 - LRB104 10926 BDA 21008 b
829	829	1 subsection (k) of Section 55 of this Act shall pay a civil
830	830	2 penalty of $1,500 for each violation of each such
831	831	3 provision, plus any hearing costs incurred by the Board
832	832	4 and the Agency, except that the civil penalty amount shall
833	833	5 be $3,000 for each violation of any provision of
834	834	6 subsection (p) of Section 21, Section 22.38, Section
835	835	7 22.51, Section 22.51a, or subsection (k) of Section 55
836	836	8 that is the person's second or subsequent adjudication
837	837	9 violation of that provision. The penalties shall be
838	838	10 deposited into the Environmental Protection Trust Fund, to
839	839	11 be used in accordance with the provisions of the
840	840	12 Environmental Protection Trust Fund Act; except that if a
841	841	13 unit of local government issued the administrative
842	842	14 citation, 50% of the civil penalty shall be payable to the
843	843	15 unit of local government.
844	844	16 (5) Any person who violates subsection 6 of Section
845	845	17 39.5 of this Act or any CAAPP permit, or term or condition
846	846	18 thereof, or any fee or filing requirement, or any duty to
847	847	19 allow or carry out inspection, entry or monitoring
848	848	20 activities, or any regulation or order relating to the
849	849	21 CAAPP shall be liable for a civil penalty not to exceed
850	850	22 $10,000 per day of violation.
851	851	23 (6) Any owner or operator of a community water system
852	852	24 that violates subsection (b) of Section 18.1 or subsection
853	853	25 (a) of Section 25d-3 of this Act shall, for each day of
854	854	26 violation, be liable for a civil penalty not to exceed $5
855	855
856	856
857	857
858	858
859	859
860	860	SB1596 - 23 - LRB104 10926 BDA 21008 b
861	861
862	862
863	863	SB1596- 24 -LRB104 10926 BDA 21008 b SB1596 - 24 - LRB104 10926 BDA 21008 b
864	864	SB1596 - 24 - LRB104 10926 BDA 21008 b
865	865	1 for each of the premises connected to the affected
866	866	2 community water system.
867	867	3 (7) Any person who violates Section 52.5 of this Act
868	868	4 shall be liable for a civil penalty of up to $1,000 for the
869	869	5 first violation of that Section and a civil penalty of up
870	870	6 to $2,500 for a second or subsequent violation of that
871	871	7 Section.
872	872	8 (8) Any person who violates subsection (bb) of Section
873	873	9 21 of this Act shall, for each day of violation, be liable
874	874	10 for a civil penalty of $1,000 for every wind turbine
875	875	11 operating in violation of subsection (bb) of Section 21
876	876	12 for a first offense and $10,000 for every wind turbine
877	877	13 operating in violation of subsection (bb) of Section 21
878	878	14 for a second or subsequent offense.
879	879	15 (b.5) In lieu of the penalties set forth in subsections
880	880	16 (a) and (b) of this Section, any person who fails to file, in a
881	881	17 timely manner, toxic chemical release forms with the Agency
882	882	18 pursuant to Section 25b-2 of this Act shall be liable for a
883	883	19 civil penalty of $100 per day for each day the forms are late,
884	884	20 not to exceed a maximum total penalty of $6,000. This daily
885	885	21 penalty shall begin accruing on the thirty-first day after the
886	886	22 date that the person receives the warning notice issued by the
887	887	23 Agency pursuant to Section 25b-6 of this Act; and the penalty
888	888	24 shall be paid to the Agency. The daily accrual of penalties
889	889	25 shall cease as of January 1 of the following year. All
890	890	26 penalties collected by the Agency pursuant to this subsection
891	891
892	892
893	893
894	894
895	895
896	896	SB1596 - 24 - LRB104 10926 BDA 21008 b
897	897
898	898
899	899	SB1596- 25 -LRB104 10926 BDA 21008 b SB1596 - 25 - LRB104 10926 BDA 21008 b
900	900	SB1596 - 25 - LRB104 10926 BDA 21008 b
901	901	1 shall be deposited into the Environmental Protection Permit
902	902	2 and Inspection Fund.
903	903	3 (c) Any person that violates this Act, any rule or
904	904	4 regulation adopted under this Act, any permit or term or
905	905	5 condition of a permit, or any Board order and causes the death
906	906	6 of fish or aquatic life shall, in addition to the other
907	907	7 penalties provided by this Act, be liable to pay to the State
908	908	8 an additional sum for the reasonable value of the fish or
909	909	9 aquatic life destroyed. Any money so recovered shall be placed
910	910	10 in the Wildlife and Fish Fund in the State Treasury.
911	911	11 (d) The penalties provided for in this Section may be
912	912	12 recovered in a civil action.
913	913	13 (e) The State's Attorney of the county in which the
914	914	14 violation occurred, or the Attorney General, may, at the
915	915	15 request of the Agency or on his own motion, institute a civil
916	916	16 action for an injunction, prohibitory or mandatory, to
917	917	17 restrain violations of this Act, any rule or regulation
918	918	18 adopted under this Act, any permit or term or condition of a
919	919	19 permit, or any Board order, or to require such other actions as
920	920	20 may be necessary to address violations of this Act, any rule or
921	921	21 regulation adopted under this Act, any permit or term or
922	922	22 condition of a permit, or any Board order.
923	923	23 (f) The State's Attorney of the county in which the
924	924	24 violation occurred, or the Attorney General, shall bring such
925	925	25 actions in the name of the people of the State of Illinois.
926	926	26 Without limiting any other authority which may exist for the
927	927
928	928
929	929
930	930
931	931
932	932	SB1596 - 25 - LRB104 10926 BDA 21008 b
933	933
934	934
935	935	SB1596- 26 -LRB104 10926 BDA 21008 b SB1596 - 26 - LRB104 10926 BDA 21008 b
936	936	SB1596 - 26 - LRB104 10926 BDA 21008 b
937	937	1 awarding of attorney's fees and costs, the Board or a court of
938	938	2 competent jurisdiction may award costs and reasonable
939	939	3 attorney's fees, including the reasonable costs of expert
940	940	4 witnesses and consultants, to the State's Attorney or the
941	941	5 Attorney General in a case where he has prevailed against a
942	942	6 person who has committed a willful, knowing, or repeated
943	943	7 violation of this Act, any rule or regulation adopted under
944	944	8 this Act, any permit or term or condition of a permit, or any
945	945	9 Board order.
946	946	10 Any funds collected under this subsection (f) in which the
947	947	11 Attorney General has prevailed shall be deposited in the
948	948	12 Hazardous Waste Fund created in Section 22.2 of this Act. Any
949	949	13 funds collected under this subsection (f) in which a State's
950	950	14 Attorney has prevailed shall be retained by the county in
951	951	15 which he serves.
952	952	16 (g) All final orders imposing civil penalties pursuant to
953	953	17 this Section shall prescribe the time for payment of such
954	954	18 penalties. If any such penalty is not paid within the time
955	955	19 prescribed, interest on such penalty at the rate set forth in
956	956	20 subsection (a) of Section 1003 of the Illinois Income Tax Act,
957	957	21 shall be paid for the period from the date payment is due until
958	958	22 the date payment is received. However, if the time for payment
959	959	23 is stayed during the pendency of an appeal, interest shall not
960	960	24 accrue during such stay.
961	961	25 (h) In determining the appropriate civil penalty to be
962	962	26 imposed under subdivisions (a), (b)(1), (b)(2), (b)(3),
963	963
964	964
965	965
966	966
967	967
968	968	SB1596 - 26 - LRB104 10926 BDA 21008 b
969	969
970	970
971	971	SB1596- 27 -LRB104 10926 BDA 21008 b SB1596 - 27 - LRB104 10926 BDA 21008 b
972	972	SB1596 - 27 - LRB104 10926 BDA 21008 b
973	973	1 (b)(5), (b)(6), or (b)(7), or (b)(8) of this Section, the
974	974	2 Board is authorized to consider any matters of record in
975	975	3 mitigation or aggravation of penalty, including, but not
976	976	4 limited to, the following factors:
977	977	5 (1) the duration and gravity of the violation;
978	978	6 (2) the presence or absence of due diligence on the
979	979	7 part of the respondent in attempting to comply with
980	980	8 requirements of this Act and regulations thereunder or to
981	981	9 secure relief therefrom as provided by this Act;
982	982	10 (3) any economic benefits accrued by the respondent
983	983	11 because of delay in compliance with requirements, in which
984	984	12 case the economic benefits shall be determined by the
985	985	13 lowest cost alternative for achieving compliance;
986	986	14 (4) the amount of monetary penalty which will serve to
987	987	15 deter further violations by the respondent and to
988	988	16 otherwise aid in enhancing voluntary compliance with this
989	989	17 Act by the respondent and other persons similarly subject
990	990	18 to the Act;
991	991	19 (5) the number, proximity in time, and gravity of
992	992	20 previously adjudicated violations of this Act by the
993	993	21 respondent;
994	994	22 (6) whether the respondent voluntarily self-disclosed,
995	995	23 in accordance with subsection (i) of this Section, the
996	996	24 non-compliance to the Agency;
997	997	25 (7) whether the respondent has agreed to undertake a
998	998	26 "supplemental environmental project", which means an
999	999
1000	1000
1001	1001
1002	1002
1003	1003
1004	1004	SB1596 - 27 - LRB104 10926 BDA 21008 b
1005	1005
1006	1006
1007	1007	SB1596- 28 -LRB104 10926 BDA 21008 b SB1596 - 28 - LRB104 10926 BDA 21008 b
1008	1008	SB1596 - 28 - LRB104 10926 BDA 21008 b
1009	1009	1 environmentally beneficial project that a respondent
1010	1010	2 agrees to undertake in settlement of an enforcement action
1011	1011	3 brought under this Act, but which the respondent is not
1012	1012	4 otherwise legally required to perform; and
1013	1013	5 (8) whether the respondent has successfully completed
1014	1014	6 a Compliance Commitment Agreement under subsection (a) of
1015	1015	7 Section 31 of this Act to remedy the violations that are
1016	1016	8 the subject of the complaint.
1017	1017	9 In determining the appropriate civil penalty to be imposed
1018	1018	10 under subsection (a) or paragraph (1), (2), (3), (5), (6), or
1019	1019	11 (7), or (8) of subsection (b) of this Section, the Board shall
1020	1020	12 ensure, in all cases, that the penalty is at least as great as
1021	1021	13 the economic benefits, if any, accrued by the respondent as a
1022	1022	14 result of the violation, unless the Board finds that
1023	1023	15 imposition of such penalty would result in an arbitrary or
1024	1024	16 unreasonable financial hardship. However, such civil penalty
1025	1025	17 may be off-set in whole or in part pursuant to a supplemental
1026	1026	18 environmental project agreed to by the complainant and the
1027	1027	19 respondent.
1028	1028	20 (i) A person who voluntarily self-discloses non-compliance
1029	1029	21 to the Agency, of which the Agency had been unaware, is
1030	1030	22 entitled to a 100% reduction in the portion of the penalty that
1031	1031	23 is not based on the economic benefit of non-compliance if the
1032	1032	24 person can establish the following:
1033	1033	25 (1) that either the regulated entity is a small entity
1034	1034	26 or the non-compliance was discovered through an
1035	1035
1036	1036
1037	1037
1038	1038
1039	1039
1040	1040	SB1596 - 28 - LRB104 10926 BDA 21008 b
1041	1041
1042	1042
1043	1043	SB1596- 29 -LRB104 10926 BDA 21008 b SB1596 - 29 - LRB104 10926 BDA 21008 b
1044	1044	SB1596 - 29 - LRB104 10926 BDA 21008 b
1045	1045	1 environmental audit or a compliance management system
1046	1046	2 documented by the regulated entity as reflecting the
1047	1047	3 regulated entity's due diligence in preventing, detecting,
1048	1048	4 and correcting violations;
1049	1049	5 (2) that the non-compliance was disclosed in writing
1050	1050	6 within 30 days of the date on which the person discovered
1051	1051	7 it;
1052	1052	8 (3) that the non-compliance was discovered and
1053	1053	9 disclosed prior to:
1054	1054	10 (i) the commencement of an Agency inspection,
1055	1055	11 investigation, or request for information;
1056	1056	12 (ii) notice of a citizen suit;
1057	1057	13 (iii) the filing of a complaint by a citizen, the
1058	1058	14 Illinois Attorney General, or the State's Attorney of
1059	1059	15 the county in which the violation occurred;
1060	1060	16 (iv) the reporting of the non-compliance by an
1061	1061	17 employee of the person without that person's
1062	1062	18 knowledge; or
1063	1063	19 (v) imminent discovery of the non-compliance by
1064	1064	20 the Agency;
1065	1065	21 (4) that the non-compliance is being corrected and any
1066	1066	22 environmental harm is being remediated in a timely
1067	1067	23 fashion;
1068	1068	24 (5) that the person agrees to prevent a recurrence of
1069	1069	25 the non-compliance;
1070	1070	26 (6) that no related non-compliance events have
1071	1071
1072	1072
1073	1073
1074	1074
1075	1075
1076	1076	SB1596 - 29 - LRB104 10926 BDA 21008 b
1077	1077
1078	1078
1079	1079	SB1596- 30 -LRB104 10926 BDA 21008 b SB1596 - 30 - LRB104 10926 BDA 21008 b
1080	1080	SB1596 - 30 - LRB104 10926 BDA 21008 b
1081	1081	1 occurred in the past 3 years at the same facility or in the
1082	1082	2 past 5 years as part of a pattern at multiple facilities
1083	1083	3 owned or operated by the person;
1084	1084	4 (7) that the non-compliance did not result in serious
1085	1085	5 actual harm or present an imminent and substantial
1086	1086	6 endangerment to human health or the environment or violate
1087	1087	7 the specific terms of any judicial or administrative order
1088	1088	8 or consent agreement;
1089	1089	9 (8) that the person cooperates as reasonably requested
1090	1090	10 by the Agency after the disclosure; and
1091	1091	11 (9) that the non-compliance was identified voluntarily
1092	1092	12 and not through a monitoring, sampling, or auditing
1093	1093	13 procedure that is required by statute, rule, permit,
1094	1094	14 judicial or administrative order, or consent agreement.
1095	1095	15 If a person can establish all of the elements under this
1096	1096	16 subsection except the element set forth in paragraph (1) of
1097	1097	17 this subsection, the person is entitled to a 75% reduction in
1098	1098	18 the portion of the penalty that is not based upon the economic
1099	1099	19 benefit of non-compliance.
1100	1100	20 For the purposes of this subsection (i), "small entity"
1101	1101	21 has the same meaning as in Section 221 of the federal Small
1102	1102	22 Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C.
1103	1103	23 601).
1104	1104	24 (j) In addition to any other remedy or penalty that may
1105	1105	25 apply, whether civil or criminal, any person who violates
1106	1106	26 Section 22.52 of this Act shall be liable for an additional
1107	1107
1108	1108
1109	1109
1110	1110
1111	1111
1112	1112	SB1596 - 30 - LRB104 10926 BDA 21008 b
1113	1113
1114	1114
1115	1115	SB1596- 31 -LRB104 10926 BDA 21008 b SB1596 - 31 - LRB104 10926 BDA 21008 b
1116	1116	SB1596 - 31 - LRB104 10926 BDA 21008 b
1117	1117	1 civil penalty of up to 3 times the gross amount of any
1118	1118	2 pecuniary gain resulting from the violation.
1119	1119	3 (k) In addition to any other remedy or penalty that may
1120	1120	4 apply, whether civil or criminal, any person who violates
1121	1121	5 subdivision (a)(7.6) of Section 31 of this Act shall be liable
1122	1122	6 for an additional civil penalty of $2,000.
1123	1123	7 (l) A person who voluntarily self-discloses non-compliance
1124	1124	8 with subsection (bb) of Section 21 of this Act to the Agency,
1125	1125	9 of which the Agency had been unaware, is entitled to a 100%
1126	1126	10 reduction in the portion of the penalty under this Section if
1127	1127	11 the person can establish the following:
1128	1128	12 (1) that the non-compliance was disclosed in writing
1129	1129	13 within 7 days of the date on which the person discovered
1130	1130	14 it;
1131	1131	15 (2) that the non-compliance was discovered and
1132	1132	16 disclosed prior to:
1133	1133	17 (i) the commencement of an Agency inspection,
1134	1134	18 investigation, or request for information;
1135	1135	19 (ii) notice of a citizen suit;
1136	1136	20 (iii) the filing of a complaint by a citizen, the
1137	1137	21 Illinois Attorney General, or the State's Attorney of
1138	1138	22 the county in which the violation occurred;
1139	1139	23 (iv) the reporting of the non-compliance by an
1140	1140	24 employee of the person without that person's
1141	1141	25 knowledge; or
1142	1142	26 (v) imminent discovery of the non-compliance by
1143	1143
1144	1144
1145	1145
1146	1146
1147	1147
1148	1148	SB1596 - 31 - LRB104 10926 BDA 21008 b
1149	1149
1150	1150
1151	1151	SB1596- 32 -LRB104 10926 BDA 21008 b SB1596 - 32 - LRB104 10926 BDA 21008 b
1152	1152	SB1596 - 32 - LRB104 10926 BDA 21008 b
1153	1153	1 the Agency;
1154	1154	2 (3) that the non-compliance is being corrected and any
1155	1155	3 environmental harm is being remediated in a timely
1156	1156	4 fashion, including the removal of any fluid described in
1157	1157	5 subsection (bb) of Section 21 that remains on the outer
1158	1158	6 surface of the commercial wind turbine;
1159	1159	7 (4) that the person agrees to prevent a recurrence of
1160	1160	8 the non-compliance;
1161	1161	9 (5) that no related non-compliance events have
1162	1162	10 occurred in the past 3 years at the same facility or in the
1163	1163	11 past 5 years as part of a pattern at multiple facilities
1164	1164	12 owned or operated by the person;
1165	1165	13 (6) that the non-compliance did not result in serious
1166	1166	14 actual harm or present an imminent and substantial
1167	1167	15 endangerment to human health or the environment or violate
1168	1168	16 the specific terms of any judicial or administrative order
1169	1169	17 or consent agreement;
1170	1170	18 (7) that the person cooperates as reasonably requested
1171	1171	19 by the Agency after the disclosure; and
1172	1172	20 (8) that the non-compliance was identified voluntarily
1173	1173	21 and not through a monitoring, sampling, or auditing
1174	1174	22 procedure that is required by statute, rule, permit,
1175	1175	23 judicial or administrative order, or consent agreement.
1176	1176	24 (Source: P.A. 102-310, eff. 8-6-21.)
1177	1177	25 (415 ILCS 5/52.6 new)
1178	1178
1179	1179
1180	1180
1181	1181
1182	1182
1183	1183	SB1596 - 32 - LRB104 10926 BDA 21008 b
1184	1184
1185	1185
1186	1186	SB1596- 33 -LRB104 10926 BDA 21008 b SB1596 - 33 - LRB104 10926 BDA 21008 b
1187	1187	SB1596 - 33 - LRB104 10926 BDA 21008 b
1188	1188	1 Sec. 52.6. Commercial wind energy facilities;
1189	1189	2 registration; duty to remediate.
1190	1190	3 (a) The owner or operator of a commercial wind energy
1191	1191	4 facility, as defined in the Counties Code, shall annually
1192	1192	5 register with the Agency in the form and manner prescribed by
1193	1193	6 the Agency. The registration form used by the Agency shall, at
1194	1194	7 a minimum, require the owners and operators of commercial wind
1195	1195	8 energy facilities to report to the Agency the locations of
1196	1196	9 each of their commercial wind energy facilities in the State
1197	1197	10 and to provide the contact information of the persons who will
1198	1198	11 respond to a complaint regarding an alleged violation of
1199	1199	12 subsection (bb) of Section 21 of this Act at those locations.
1200	1200	13 (b) Notwithstanding any other provision of this Act, the
1201	1201	14 owners and operators of a commercial wind energy facility have
1202	1202	15 an affirmative duty to cover all remediation and response
1203	1203	16 expenses that are incurred as a result of a violation of
1204	1204	17 subsection (bb) of Section 21 of this Act at any commercial
1205	1205	18 wind energy facility that is under their ownership or control.
1206	1206	19 If a person other than the owner or operator of a commercial
1207	1207	20 wind energy facility incurs remediation and response expenses
1208	1208	21 as a result of a violation of subsection (bb) of Section 21 of
1209	1209	22 this Act, then the owner or operator of the commercial wind
1210	1210	23 energy facility shall reimburse that person for the
1211	1211	24 remediation and response expenses that the person incurs as a
1212	1212	25 result of that violation.
1213	1213	26 (c) The Agency may adopt rules to implement and administer
1214	1214
1215	1215
1216	1216
1217	1217
1218	1218
1219	1219	SB1596 - 33 - LRB104 10926 BDA 21008 b
1220	1220
1221	1221
1222	1222	SB1596- 34 -LRB104 10926 BDA 21008 b SB1596 - 34 - LRB104 10926 BDA 21008 b
1223	1223	SB1596 - 34 - LRB104 10926 BDA 21008 b
1224	1224
1225	1225
1226	1226
1227	1227
1228	1228
1229	1229	SB1596 - 34 - LRB104 10926 BDA 21008 b