Illinois Administrative Code
Title 35 - ENVIRONMENTAL PROTECTION
Part 1501 - DRYCLEANER ENVIRONMENTAL RESPONSE TRUST FUND PROGRAM
Subpart A - GENERAL PROVISIONS
Section 1501.180 - Penalties

a) Except as otherwise provided in Section 69 of the DERT Fund Act, any person who violates any provision of the DERT Fund Act, this Part, or any license or registration or term of condition thereof, or that violates any Council, Board, or court order entered under the DERT Fund Act, will be liable for a civil penalty as provided in Section 69(b) of the DERT Fund Act. [415 ILCS 135/69(b)]

b) In addition to all other civil and criminal penalties provided by law, any person who knowingly makes to the Agency or Department of Revenue an oral or written statement that is false, fictitious, or fraudulent and that is materially related to or required by the DERT Fund Act or this Part commits a Class 4 felony, and each such statement or writing will be considered a separate Class 4 felony. A person who, after being convicted under Section 69.5 of the DERT Fund Act, violates that Section a second or subsequent time commits a Class 3 felony. [415 ILCS 135/69.5]

c) If the Agency becomes aware of a violation of the DERT Fund Act or this Part, it may refer the matter to the Attorney General for recovery of Fund moneys or enforcement as provided within Sections 50, 69, or 69.5 of the DERT Fund Act. [415 ILCS 135/25(g)]

d) The Agency must follow the provisions of Section 31 of the EPAct [415 ILCS 5/31 ] regarding notice, complaint and hearing. The Agency may utilize any other statutory authority of the EPAct to respond to conditions at a drycleaning facility subject to this Part.

e) The Attorney General may also, at the request of the Agency or the Department of Revenue, or on the Attorney General's own motion, institute a civil action for an injunction, prohibitory or mandatory, to restrain violations of the DERT Fund Act, this Part, any license or term of a license, or any Council, Board, or court order entered pursuant to the DERT Fund Act or this Part, or to require other actions as may be necessary to address violations thereof. [415 ILCS 135/69(e)]