Illinois Administrative Code (Last Updated: March 27, 2024) |
TITLE62. MINING |
PART240. THE ILLINOIS OIL AND GAS ACT |
SUBPARTR. REQUIREMENTS IN UNDERGROUND GAS STORAGE FIELDS AND FOR GAS STORAGE AND OBSERVATION WELLS |
§240.1857. Director's Approval of Penalty or Agreed Compromise
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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.
(Source: Added at 43 Ill. Reg. 11524, effective September 24, 2019)