(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 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 rule 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 $3,500.00 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 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 $3,500.00 nor more than $5,000.00;
(a) $250.00 if the regulated equipment or area is part of a facility that meets the criteria for a Category C certificate of operation;
(b) $1,000.00 if the regulated equipment or area is party of a facility that meets the criteria for a Category B certificate of operation;
(c) $4,500.00 if the regulated equipment or area is part of a facility that meets the criteria for a Category A2 certificate of operation;
(d) $7,500.00 if the regulated equipment or area is part of a facility that meets the criteria for a Category A1 certificate of operation;
(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 $350.00 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 rule promulgated thereunder, or the emissions limitations set forth in Section 11-4-990, shall be fined not less than $1,000.00 nor more than $5,000.00, provided, however, that if the violation occurs at a facility that meets the criteria for a Category A1 or Category A2 Certificate of Operation under Section 11-4-680, or is associated with a demolition of one or more non-residential large structures, then the person shall be fined not less than $5,000.00 nor more than $10,000.00 for a first offense, not less than $10,000.00 nor more than $15,000.00 for a second offense occurring within two years, and not less than $15,000.00 nor more than $20,000.00 for any subsequent offense occurring within two years of two previous offenses. If a violation results in injury or death, or is a result of willful and wanton conduct, the fine may be increased to up to $50,000.00 for any offense;
(7) Any person who violates any of the provisions of this article or any rule 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, provided, however, that if the violation occurs at a facility that meets the criteria for a Category A1 or Category A2 Certificate of Operation under Section 11-4-680, or is associated with a demolition of one or more non-residential large structures as defined in Section 11-4-120 of this Code, then the person shall be fined not less than $5,000.00 nor more than $10,000.00 for a first offense, not less than $10,000.00 nor more than $15,000.00 for a second offense occurring within two years, and not less than $15,000.00 nor more than $20,000.00 for any subsequent offense occurring within two years of two previous offenses. If a violation results in injury or death, or is a result of willful and wanton conduct, the fine may be increased to up to $50,000.00 for any offense;
(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; Amend Coun. J. 1-27-21, p. 26652, § 2; Amend Coun. J. 10-27-21, p. 40504, Art. II, § 7; Amend Coun. J. 11-15-23, p. 6542, Art. V, § 8)
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.