11-4-810 Fines.

   (a)   In addition to any penalty imposed by Section 11-4-800 of this article, and in addition to permanent or temporary injunctive relief that the city may seek in the Circuit Court of Cook County, whenever the commissioner determines that a facility is in violation of any term or condition of an air pollution control permit, certificate of operation, any section of this article, or any regulation promulgated pursuant to this article, the following penalties shall apply:

      (1)   Any owner or operator of any regulated equipment or area who fails to comply with the requirement to timely submit to the department a complete self-certification form as required in section 11-4-690 of this Code, shall be fined not less than $1,000.00 nor more than $5,000.00;

      (2)   Any owner or operator who violates the terms or conditions of any air pollution control permit or certificate of operation provided in this article or rules and regulations promulgated thereunder or imposed by the commissioner pursuant to section 11-4-630 or section 11-4-670 of this Code, shall be fined not less than $1,000.00 nor more than $5,000.00;

      (3)   Any person who operates any regulated equipment or area without an air pollution control permit required under section 11-4-620 of this Code or a certificate of operation required under section 11-4-660 of this Code, shall be fined not less than $1,000.00 nor more than $5,000.00;

      (4)   Any owner or operator of any regulated equipment or area who fails to post an air pollution control permit as required in subsection (b) of section 11-4-620 of this Code or a certificate of operation as required in subsection (c) of section 11-4-660 of this Code shall be fined not less than $200.00 nor more than $500.00;

      (5)   Any person who violates section 11-4-780 of this Code shall be fined not less than $5,000.00 nor more than $10,000.00;

      (6)   Any person who causes or allows air pollution in violation of section 11-4-730 of this Code or, any person who violates the substantive emission standards provided in Part C of this article or any regulation promulgated thereunder, shall be fined not less than $1,000.00 nor more than $5,000.00;

      (7)   Any person who violates any of the provisions of this article or any regulation promulgated thereunder, unless a different fine is imposed pursuant to this section, shall be fined not less than $1,000.00 nor more than $5,000.00;

      (8)   Any person who violates subsection (a) of Section 11-4-715 of this Code shall be fined not less than $5,000.00 nor more than $10,000.00 for each violation. For a violation of an applicable ambient air quality standard, a violation may be found for each three month period of nonattainment or non-maintenance, or such other time period as determined in accordance with 40 C.F.R. Part 50, Appendix R, as amended; and

      (9)   Any person who fails to submit a required quarterly emissions report under subsection (c) of Section 11-4-715 of this Code shall be fined not less than $200.00 nor more than $500.00 for each day after the due date that a complete quarterly emissions report has not been submitted to the department.

   (b)   Each day of any violation of the provisions of this article shall constitute a separate and distinct offense, and for each such violation the fines imposed in subsection (a) above shall be assessed per day.

(Added Coun. J. 10-7-09, p. 73413, § 1; Amend Coun. J. 7-28-11, p. 4950, § 1; Amend Coun. J. 4-18-12, p. 23675, § 1)

Editor's note – Coun. J. 10-7-09, p. 73413, § 1, repealed former § 11-4-810, which prohibited municipal waste-burning equipment and municipal waste-burning.