Illinois Administrative Code
Title 62 - MINING
Part 240 - THE ILLINOIS OIL AND GAS ACT
Subpart R - REQUIREMENTS IN UNDERGROUND GAS STORAGE FIELDS AND FOR GAS STORAGE AND OBSERVATION WELLS
Section 240.1857 - Director's Approval of Penalty or Agreed Compromise

Current through Register Vol. 48, No. 12, March 22, 2024

Upon receipt of a notice of penalty or compromise, the Director shall conduct an investigation and may affirm, or enter into a hearing concerning, the propriety of the applicable notice of probable violation, payment or compromise.

a) The Director must consider:

1) the nature, circumstances and gravity of the violation, including adverse impact on the environment;

2) with respect to the violator, the degree of culpability, any history of prior violations, and any effect on ability to continue doing business; and

3) good faith in attempting to comply.

b) The Director may consider:

1) the economic benefit gained from the violation without any reduction because of subsequent damages; and

2) other matters that justice requires.

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