Sec. 69. Civil penalties.

751 words·~3 min read·/il/chapter-415/act-135/69

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(a)Except as otherwise provided in this Section, any person who violates any provision of this Act, any rule adopted under this Act, or any license or registration or term or condition thereof, or that violates any Council, Board, or court order entered under this Act, shall be liable for a civil penalty as provided in this Section. The penalties may, upon order of the Board or a court of competent jurisdiction, be made payable to the Drycleaner Environmental Response Trust Fund, to be used in accordance with the provisions of this Act.

(b)Notwithstanding the provisions of subsection

(a)of this Section:

(1)Any person who violates subsection

(a)of Section 60 of this Act by failing to pay

the license fee when due may be assessed a civil penalty of $5 per day for each day after the license fee is due until the license fee is paid. The penalty shall be effective for license fees due on or after July 1, 1999 and before June 30, 2011. For license fees due on or after July 1, 2011, any person who violates subsection

(a)of Section 60 of this Act by failing to pay the license fee when due may be assessed a civil penalty, beginning on the 31st day after the license fee is due, in the following amounts:

(i)beginning on the 31st day after the license fee is due and until the 60th day after the license fee is due, $3 for each day during which the license fee is not paid and

(ii)beginning on the 61st day after the license fee is due and until the license fee is paid, $5 for each day during which the license fee is not paid.

(2)Any person who violates subsection

(d)or

(h)of Section 65 of this Act shall be

liable for a civil penalty not to exceed $500 for the first violation and a civil penalty not to exceed $5,000 for a second or subsequent violation.

(3)Any person who violates Section 67 of this Act shall be liable for a civil penalty

not to exceed $100 per day for each day the person is not registered to sell drycleaning solvents.

(4)Any person that violates subsection

(k)of Section 40 of this Act may be assessed a

civil penalty in an amount equal to 3 times the total in administrative assessments owed by that person under that subsection.

(c)(Blank).

(d)The penalties provided for in this Section may be recovered in a civil action instituted by the Attorney General in the name of the people of the State of Illinois.

(e)The Attorney General may also, at the request of the Agency or the Department of Revenue, or on his or her own motion, institute a civil action for an injunction, prohibitory or mandatory, to restrain violations of this Act, any rule or regulation adopted under this Act, any license or registration or term or condition of a license or registration, or any Council, Board, or court order entered pursuant to this Act, or to require other actions as may be necessary to address violations thereof.

(f)Without limiting any other authority which may exist for the awarding of attorney's fees and costs, the Board or a court of competent jurisdiction may award costs and reasonable attorney's fees, including the reasonable costs of expert witnesses and consultants, to the Attorney General in a case where the Attorney General has prevailed against a person who has committed a willful, knowing, or repeated violation of this Act, any rule or regulation adopted under this Act, or any license or registration or term or condition of a license or registration, or any Council, Board, or court order entered pursuant to this Act. Any funds collected under this subsection

(f)in which the Attorney General has prevailed shall be deposited in the Drycleaner Environmental Response Trust Fund created in Section 10 of this Act.

(g)All final orders imposing civil penalties under this Section shall prescribe the time for payment of the penalties. If any penalty is not paid within the time prescribed, interest on the penalty shall be paid, at the rate set forth in Section 3-2 of the Illinois Uniform Penalty and Interest Act, for the period from the date payment is due until the date payment is received. However, if the time for payment is stayed during the pendency of an appeal, interest shall not accrue during the stay.