Illinois Administrative Code
Title 62 - MINING
Part 1846 - INDIVIDUAL CIVIL PENALTIES
Section 1846.5 - Definitions
Universal Citation: 62 IL Admin Code ยง 1846.5
Current through Register Vol. 48, No. 12, March 22, 2024
For purposes of this Part:
a) Knowingly means that an individual knew or had reason to know in authorizing, ordering or carrying out an act or omission on the part of a corporate permittee that such act or omission constituted a violation, failure or refusal.
b) Violation, failure or refusal means -
1) A
violation of a condition of a permit issued pursuant to Section 2.01 of the
State Act (Ill. Rev. Stat. 1987, ch. 961/2, par. 7902.01 ); or
2) A failure or refusal to comply with any
order issued under Section 8.06 of the State Act (Ill. Rev. Stat. 1987, ch.
961/2, par. 7908.06 ), or any order incorporated in a final decision issued by
the Department under the State Act, except an order incorporated in a decision
issued under Section 8.06(b) of the State Act (Ill. Rev. Stat. 1987, ch 961/2,
par. 7908.06(b) ).
c) Willfully means that an individual acted -
1)
Either intentionally, voluntarily, or consciously, and
2) With intentional disregard or plain
indifference to legal requirements in authorizing, ordering or carrying out a
corporate permittee's action or omission that constituted a violation, failure
or refusal.
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