HB 3816

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Full Text of HB3816
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	HB3816 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3816
Introduced 2/18/2025, by Rep. Kimberly Du Buclet
SYNOPSIS AS INTRODUCED:
415 ILCS 5/42	  from Ch. 111 1/2, par. 1042
415 ILCS 5/52.6 new
Amends the Environmental Protection Act. Provides that, on and after January 1, 2030, no person shall sell or offer for sale in the State a new washing machine for residential, commercial, or State use unless the washing machine: (1) contains a microfiber filtration system with a mesh size of not greater than 100 micrometers; and (2) bears a conspicuous label that is visible to the consumer, in the form of a sticker or any other label type, that includes a specified statement. Provides that a person or entity who violates this prohibition shall be liable for a civil penalty not to exceed $10,000 for a first violation and not to exceed $30,000 for each subsequent violation.
LRB104 07465 BDA 17506 b
A BILL FOR
		HB3816		LRB104 07465 BDA 17506 b
1    AN ACT concerning safety.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Environmental Protection Act is amended by
5changing Section 42 and by adding Section 52.6 as follows:
6    (415 ILCS 5/42)  (from Ch. 111 1/2, par. 1042)
7    Sec. 42. Civil penalties.
8    (a) Except as provided in this Section, any person that
9violates any provision of this Act or any regulation adopted
10by the Board, or any permit or term or condition thereof, or
11that violates any order of the Board pursuant to this Act,
12shall be liable for a civil penalty of not to exceed $50,000
13for the violation and an additional civil penalty of not to
14exceed $10,000 for each day during which the violation
15continues; such penalties may, upon order of the Board or a
16court of competent jurisdiction, be made payable to the
17Environmental Protection Trust Fund, to be used in accordance
18with the provisions of the Environmental Protection Trust Fund
19Act.
20    (b) Notwithstanding the provisions of subsection (a) of
21this Section:
22        (1) Any person that violates Section 12(f) of this Act
23    or any NPDES permit or term or condition thereof, or any
		HB3816	- 2 -	LRB104 07465 BDA 17506 b
1    filing requirement, regulation or order relating to the
2    NPDES permit program, shall be liable to a civil penalty
3    of not to exceed $10,000 per day of violation.
4        (2) Any person that violates Section 12(g) of this Act
5    or any UIC permit or term or condition thereof, or any
6    filing requirement, regulation or order relating to the
7    State UIC program for all wells, except Class II wells as
8    defined by the Board under this Act, shall be liable to a
9    civil penalty not to exceed $2,500 per day of violation;
10    provided, however, that any person who commits such
11    violations relating to the State UIC program for Class II
12    wells, as defined by the Board under this Act, shall be
13    liable to a civil penalty of not to exceed $10,000 for the
14    violation and an additional civil penalty of not to exceed
15    $1,000 for each day during which the violation continues.
16        (3) Any person that violates Sections 21(f), 21(g),
17    21(h) or 21(i) of this Act, or any RCRA permit or term or
18    condition thereof, or any filing requirement, regulation
19    or order relating to the State RCRA program, shall be
20    liable to a civil penalty of not to exceed $25,000 per day
21    of violation.
22        (4) In an administrative citation action under Section
23    31.1 of this Act, any person found to have violated any
24    provision of subsection (o) of Section 21 of this Act
25    shall pay a civil penalty of $500 for each violation of
26    each such provision, plus any hearing costs incurred by
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1    the Board and the Agency. Such penalties shall be made
2    payable to the Environmental Protection Trust Fund, to be
3    used in accordance with the provisions of the
4    Environmental Protection Trust Fund Act; except that if a
5    unit of local government issued the administrative
6    citation, 50% of the civil penalty shall be payable to the
7    unit of local government.
8        (4-5) In an administrative citation action under
9    Section 31.1 of this Act, any person found to have
10    violated any provision of subsection (p) of Section 21,
11    Section 22.38, Section 22.51, Section 22.51a, or
12    subsection (k) of Section 55 of this Act shall pay a civil
13    penalty of $1,500 for each violation of each such
14    provision, plus any hearing costs incurred by the Board
15    and the Agency, except that the civil penalty amount shall
16    be $3,000 for each violation of any provision of
17    subsection (p) of Section 21, Section 22.38, Section
18    22.51, Section 22.51a, or subsection (k) of Section 55
19    that is the person's second or subsequent adjudication
20    violation of that provision. The penalties shall be
21    deposited into the Environmental Protection Trust Fund, to
22    be used in accordance with the provisions of the
23    Environmental Protection Trust Fund Act; except that if a
24    unit of local government issued the administrative
25    citation, 50% of the civil penalty shall be payable to the
26    unit of local government.
		HB3816	- 4 -	LRB104 07465 BDA 17506 b
1        (5) Any person who violates subsection 6 of Section
2    39.5 of this Act or any CAAPP permit, or term or condition
3    thereof, or any fee or filing requirement, or any duty to
4    allow or carry out inspection, entry or monitoring
5    activities, or any regulation or order relating to the
6    CAAPP shall be liable for a civil penalty not to exceed
7    $10,000 per day of violation.
8        (6) Any owner or operator of a community water system
9    that violates subsection (b) of Section 18.1 or subsection
10    (a) of Section 25d-3 of this Act shall, for each day of
11    violation, be liable for a civil penalty not to exceed $5
12    for each of the premises connected to the affected
13    community water system.
14        (7) Any person who violates Section 52.5 of this Act
15    shall be liable for a civil penalty of up to $1,000 for the
16    first violation of that Section and a civil penalty of up
17    to $2,500 for a second or subsequent violation of that
18    Section.
19        (8) Any person who violates Section 52.6 of this Act 
20    shall be liable for a civil penalty of up to $10,000 for 
21    the first violation of that Section and a civil penalty of 
22    up to $30,000 for a second or subsequent violation of that 
23    Section.
24    (b.5) In lieu of the penalties set forth in subsections
25(a) and (b) of this Section, any person who fails to file, in a
26timely manner, toxic chemical release forms with the Agency
		HB3816	- 5 -	LRB104 07465 BDA 17506 b
1pursuant to Section 25b-2 of this Act shall be liable for a
2civil penalty of $100 per day for each day the forms are late,
3not to exceed a maximum total penalty of $6,000. This daily
4penalty shall begin accruing on the thirty-first day after the
5date that the person receives the warning notice issued by the
6Agency pursuant to Section 25b-6 of this Act; and the penalty
7shall be paid to the Agency. The daily accrual of penalties
8shall cease as of January 1 of the following year. All
9penalties collected by the Agency pursuant to this subsection
10shall be deposited into the Environmental Protection Permit
11and Inspection Fund.
12    (c) Any person that violates this Act, any rule or
13regulation adopted under this Act, any permit or term or
14condition of a permit, or any Board order and causes the death
15of fish or aquatic life shall, in addition to the other
16penalties provided by this Act, be liable to pay to the State
17an additional sum for the reasonable value of the fish or
18aquatic life destroyed. Any money so recovered shall be placed
19in the Wildlife and Fish Fund in the State Treasury.
20    (d) The penalties provided for in this Section may be
21recovered in a civil action.
22    (e) The State's Attorney of the county in which the
23violation occurred, or the Attorney General, may, at the
24request of the Agency or on his own motion, institute a civil
25action for an injunction, prohibitory or mandatory, to
26restrain violations of this Act, any rule or regulation
		HB3816	- 6 -	LRB104 07465 BDA 17506 b
1adopted under this Act, any permit or term or condition of a
2permit, or any Board order, or to require such other actions as
3may be necessary to address violations of this Act, any rule or
4regulation adopted under this Act, any permit or term or
5condition of a permit, or any Board order.
6    (f) The State's Attorney of the county in which the
7violation occurred, or the Attorney General, shall bring such
8actions in the name of the people of the State of Illinois.
9Without limiting any other authority which may exist for the
10awarding of attorney's fees and costs, the Board or a court of
11competent jurisdiction may award costs and reasonable
12attorney's fees, including the reasonable costs of expert
13witnesses and consultants, to the State's Attorney or the
14Attorney General in a case where he has prevailed against a
15person who has committed a willful, knowing, or repeated
16violation of this Act, any rule or regulation adopted under
17this Act, any permit or term or condition of a permit, or any
18Board order.
19    Any funds collected under this subsection (f) in which the
20Attorney General has prevailed shall be deposited in the
21Hazardous Waste Fund created in Section 22.2 of this Act. Any
22funds collected under this subsection (f) in which a State's
23Attorney has prevailed shall be retained by the county in
24which he serves.
25    (g) All final orders imposing civil penalties pursuant to
26this Section shall prescribe the time for payment of such
		HB3816	- 7 -	LRB104 07465 BDA 17506 b
1penalties. If any such penalty is not paid within the time
2prescribed, interest on such penalty at the rate set forth in
3subsection (a) of Section 1003 of the Illinois Income Tax Act,
4shall be paid for the period from the date payment is due until
5the date payment is received. However, if the time for payment
6is stayed during the pendency of an appeal, interest shall not
7accrue during such stay.
8    (h) In determining the appropriate civil penalty to be
9imposed under subdivisions (a), (b)(1), (b)(2), (b)(3),
10(b)(5), (b)(6), [or] (b)(7), or (b)(8) of this Section, the
11Board is authorized to consider any matters of record in
12mitigation or aggravation of penalty, including, but not
13limited to, the following factors:
14        (1) the duration and gravity of the violation;
15        (2) the presence or absence of due diligence on the
16    part of the respondent in attempting to comply with
17    requirements of this Act and regulations thereunder or to
18    secure relief therefrom as provided by this Act;
19        (3) any economic benefits accrued by the respondent
20    because of delay in compliance with requirements, in which
21    case the economic benefits shall be determined by the
22    lowest cost alternative for achieving compliance;
23        (4) the amount of monetary penalty which will serve to
24    deter further violations by the respondent and to
25    otherwise aid in enhancing voluntary compliance with this
26    Act by the respondent and other persons similarly subject
		HB3816	- 8 -	LRB104 07465 BDA 17506 b
1    to the Act;
2        (5) the number, proximity in time, and gravity of
3    previously adjudicated violations of this Act by the
4    respondent;
5        (6) whether the respondent voluntarily self-disclosed,
6    in accordance with subsection (i) of this Section, the
7    non-compliance to the Agency;
8        (7) whether the respondent has agreed to undertake a
9    "supplemental environmental project", which means an
10    environmentally beneficial project that a respondent
11    agrees to undertake in settlement of an enforcement action
12    brought under this Act, but which the respondent is not
13    otherwise legally required to perform; and
14        (8) whether the respondent has successfully completed
15    a Compliance Commitment Agreement under subsection (a) of
16    Section 31 of this Act to remedy the violations that are
17    the subject of the complaint.
18    In determining the appropriate civil penalty to be imposed
19under subsection (a) or paragraph (1), (2), (3), (5), (6), [or]
20(7), or (8) of subsection (b) of this Section, the Board shall
21ensure, in all cases, that the penalty is at least as great as
22the economic benefits, if any, accrued by the respondent as a
23result of the violation, unless the Board finds that
24imposition of such penalty would result in an arbitrary or
25unreasonable financial hardship. However, such civil penalty
26may be off-set in whole or in part pursuant to a supplemental
		HB3816	- 9 -	LRB104 07465 BDA 17506 b
1environmental project agreed to by the complainant and the
2respondent.
3    (i) A person who voluntarily self-discloses non-compliance
4to the Agency, of which the Agency had been unaware, is
5entitled to a 100% reduction in the portion of the penalty that
6is not based on the economic benefit of non-compliance if the
7person can establish the following:
8        (1) that either the regulated entity is a small entity
9    or the non-compliance was discovered through an
10    environmental audit or a compliance management system
11    documented by the regulated entity as reflecting the
12    regulated entity's due diligence in preventing, detecting,
13    and correcting violations;
14        (2) that the non-compliance was disclosed in writing
15    within 30 days of the date on which the person discovered
16    it;
17        (3) that the non-compliance was discovered and
18    disclosed prior to:
19            (i) the commencement of an Agency inspection,
20        investigation, or request for information;
21            (ii) notice of a citizen suit;
22            (iii) the filing of a complaint by a citizen, the
23        Illinois Attorney General, or the State's Attorney of
24        the county in which the violation occurred;
25            (iv) the reporting of the non-compliance by an
26        employee of the person without that person's
		HB3816	- 10 -	LRB104 07465 BDA 17506 b
1        knowledge; or
2            (v) imminent discovery of the non-compliance by
3        the Agency;
4        (4) that the non-compliance is being corrected and any
5    environmental harm is being remediated in a timely
6    fashion;
7        (5) that the person agrees to prevent a recurrence of
8    the non-compliance;
9        (6) that no related non-compliance events have
10    occurred in the past 3 years at the same facility or in the
11    past 5 years as part of a pattern at multiple facilities
12    owned or operated by the person;
13        (7) that the non-compliance did not result in serious
14    actual harm or present an imminent and substantial
15    endangerment to human health or the environment or violate
16    the specific terms of any judicial or administrative order
17    or consent agreement;
18        (8) that the person cooperates as reasonably requested
19    by the Agency after the disclosure; and
20        (9) that the non-compliance was identified voluntarily
21    and not through a monitoring, sampling, or auditing
22    procedure that is required by statute, rule, permit,
23    judicial or administrative order, or consent agreement.
24    If a person can establish all of the elements under this
25subsection except the element set forth in paragraph (1) of
26this subsection, the person is entitled to a 75% reduction in
		HB3816	- 11 -	LRB104 07465 BDA 17506 b
1the portion of the penalty that is not based upon the economic
2benefit of non-compliance.
3    For the purposes of this subsection (i), "small entity"
4has the same meaning as in Section 221 of the federal Small
5Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C.
6601).
7    (j) In addition to any other remedy or penalty that may
8apply, whether civil or criminal, any person who violates
9Section 22.52 of this Act shall be liable for an additional
10civil penalty of up to 3 times the gross amount of any
11pecuniary gain resulting from the violation.
12    (k) In addition to any other remedy or penalty that may
13apply, whether civil or criminal, any person who violates
14subdivision (a)(7.6) of Section 31 of this Act shall be liable
15for an additional civil penalty of $2,000.
16(Source: P.A. 102-310, eff. 8-6-21.)
17    (415 ILCS 5/52.6 new)
18    Sec. 52.6. Microfiber filters.
19    (a) As used in this Section:
20    "Microfiber filtration system" means a filtration unit 
21that is active across all washing cycles and is:
22        (1) integrated into the washing machine design as a 
23    built-in filter; or
24        (2) included as an in-line filter and is packaged, 
25    sold, and installed with the washing machine.
		HB3816	- 12 -	LRB104 07465 BDA 17506 b
1    "Washing machine" means a machine designed and used for 
2washing clothes and linen.
3    (b) On and after January 1, 2030, no person shall sell or 
4offer for sale in this State a new washing machine for 
5residential, commercial, or State use unless the washing 
6machine:
7        (1) contains a microfiber filtration system with a 
8    mesh size of not greater than 100 micrometers; and
9        (2) bears a conspicuous label that is visible to the 
10    consumer, in the form of a sticker or any other label type, 
11    that includes the following statement: "Notice: This 
12    washing machine contains a filter to capture microfibers. 
13    Check the filter regularly and dispose of captured lint in 
14    a waste bin.".
15    (c) This Section does not impair or impede any other 
16rights, causes of action, claims, or defenses available under 
17any other law. The remedies provided in paragraph (8) of 
18subsection (b) of Section 42 are cumulative with any other 
19remedies available under any other law.